Public Offer
This Public offer is an official offer of Elflora (hereinafter referred to as "the Contractor") in relation to the provision by the Contractor of "sale and delivery of flowers, bouquets, gifts and décor" (hereinafter referred to as "the Service") and expresses the intention of the Contractor to enter into a Public Offer Agreement for the provision of the Service "sale and delivery of flowers, bouquets, gifts and décor" subject to the terms and conditions of this Offer.
1. DEFINITIONS AND TERMS
1.1. For the purposes of this Public Offer, the terms set out below shall have the following meaning:
Public offer - this document for the provision of services "sale and delivery of flowers, bouquets, gifts and décor", published online athttps://elflora.com.ua/oferta.
Publication - placement of the document in free access in the Internet at the address specified in the Offer.
The Order is a set of ordered flowers, bouquets, gifts and decorations with delivery to the Recipients, in relation to whom, after the execution of the Public Offer Agreement, the Service is rendered in accordance with the terms and conditions of the Order agreed by the Customer. When the Order is placed by the Contractor, it is assigned a unique number.
Services "delivery of flowers, bouquets, gifts and décor" - services of the Contractor on delivery of flowers, bouquets, gifts and décor, on the conditions, in accordance with this Public offer.
Acceptance of the Offer - full acceptance of the Public Offer by performing the actions specified in clause 7.1. of the Public Offer.
Customer - an individual or legal entity that has made an acceptance of the Offer. Buyer of the service "delivery of flowers, bouquets and gifts" is the Customer, in accordance with the concluded Agreement of the Public offer.
Bouquet - any flowers, a bouquet of flowers or a composition in a basket, chosen by the Customer from the proposed range of goods of the Contractor's online shop.
Public Offer Agreement - a contract for services between the Customer and the Executor in respect of a certain bouquet, flower arrangement, or gifts, which is concluded by accepting this Public Offer. The flower arrangement or gift, in respect of which the Public Offer Agreement is concluded, becomes an integral part of the Public Offer Agreement.
1.2. This Offer may use terms that are not defined in clause 1.1 of this Offer. 1.1 of this Offer. Then the interpretation of this term shall be made on the basis of the text of the Offer.
2. SUBJECT OF THE OFFER
2.1.The subject of the Offer is deemed to be the provision of the Services "delivery of flowers, bouquets, gifts and décor" by the Contractor to the Customer on the terms and conditions of this public Offer.
3. TERMS OF SERVICE
3.1 The obligatory condition for the Contractor to provide the Services under the Offer is the agreement, observance and application to the parties to the Offer Agreement of the requirements, as well as conditions defined by the Contractor.
3.2 The Services are provided exclusively in respect of the Order:
3.2.1. for which the Service Provider has confirmed the possibility of placing this Order based on the conditions feasible for the particular Order. The Service Provider, at its own discretion, has the right to refuse to place the Order to the Customer. In this case, a notice of refusal to provide services shall be sent to the Customer's e-mail address. The money shall be returned to the Customer;
3.2.2. for the Customer who has made an Acceptance of the Offer;
3.2.3 The service "sale and delivery of flowers, bouquets, gifts and décor", paid on prepayment terms by the Customer.
3.3 The services are provided in accordance with the Order placed by the Customer according to the established forms, including the contact centre phone number specified on the website https://elflora.com.ua/.
3.4 Delivery Date.
3.4.1 Delivery is made on the date specified by the Customer.
3.5 Delivery time.
3.5.1 The time of delivery is the desired time, which means that the Executor makes every effort to fulfil the Order at the specified time, but does not guarantee that the bouquet will be delivered at the specified time.
3.5.2 When placing an order for urgent delivery, the Executor starts assembling the bouquet immediately after the payment for the Order. The closest delivery time is within three hours from the moment of payment receipt.
3.5.3 If the Recipient's telephone number is incorrectly specified in the Order or the Recipient does not respond within the time specified for delivery, the Executor shall contact the Customer and offer him/her to specify another telephone number or change the delivery time, and the delivery time may not be changed for more than 24 hours (time for storage of the assembled composition (Bouquet).
3.5.4 Delivery of flowers to the exact time on holidays (7 and 8 March, 14 February, 30 and 31 December) the Executor does not perform, it is due to a large number of applications. On these days the delivery is carried out taking into account the Customer's wishes in the morning (from 9.00 to 14.00) or in the afternoon (from 14.00 to 20.00) after a preliminary call to the Recipient.
3.6 Delivery Address.
3.6.1 The delivery address shall be specified when placing the order or specified by the Payee when calling the Contractor, in case of delivery by the Payee's phone number.
3.6.2 Before delivery, the Contractor shall call the Payee and clarify the correctness of the delivery address and the Payee's ability to accept the surprise. In this case, the effect of the surprise is preserved - information about the Customer and the subject of delivery is not communicated to the Recipient. In case the Recipient is located at a different address from the address specified by the Customer, delivery to the other address is possible only within the settlement coinciding with the primary delivery address. Upon agreement of both parties to this public offer, delivery to remote areas outside the settlement is possible after the Customer pays extra cost of such delivery.
3.6.3 In case of surprise delivery or if the order did not include the Recipient's phone number, if the delivery is not made due to inaccurately specified address, absence of the Recipient at the specified address during the specified period of time or other circumstances preventing delivery of the bouquet (security, pass system), the Contractor shall return the bouquet to the salon.
3.6.4 If the Recipient refuses to accept the bouquet, the Contractor shall return the bouquet to the salon.
3.6.5 The Customer shall pay for repeated delivery separately.
3.6.6 After 24 hours from the moment of unsuccessful delivery the bouquet and delivery are paid again, as the bouquet has a limited shelf life.
3.6.7 The repeated delivery of the made arrangement of fresh flowers to another address is possible only within the locality of the initial delivery.
3.6.8. If in case of unsuccessful delivery the Executor fails to contact the Customer by phone or e-mail, the order shall be deemed fulfilled.
3.7 The Recipient's contact telephone number.
3.7.1 The contact phone number is indicated when placing the order. If the phone number is not specified, a "surprise delivery" is made.
3.7.2 The Contractor recommends to specify the contact phone number of the Recipient, in special cases: if the Recipient is not present, there are difficulties with delivery or it is necessary to clarify the location, the Contractor shall make a call to the Recipient, in this case the effect of surprise is preserved, the information about the subject of delivery and the Customer shall not be disclosed by the Contractor.
3.7.3 If the Recipient's phone number is incorrect or the Recipient does not answer within the time specified for delivery, the Executor contacts the Customer and offers him to specify another phone number or change the time of delivery, and the time of delivery cannot be changed for more than 24 hours (the time for storing the assembled composition).
3.8 Bouquet arrangement and replacement of flowers.
3.8.1 The bouquet, which the Customer has chosen in the Executor's catalogue, is made by the Executor as similar as possible to the photo from the website. The Executor pays attention that all bouquets are made manually by florists, so a slight deviation in shape from the photo presented on the website is possible. The bouquet is made according to the composition specified in the "composition" section of the product card.
3.8.2 If the required flowers are not available at the Executor's warehouse, the Executor contacts the Customer by the phone number specified in the application and offers options for replacement flowers. If the replacement of the bouquet components is insignificant and can be made without visible significant changes in the bouquet, the Executor shall make such replacement without the Customer's consent.
3.8.3 In case the Executor is unable to contact the Customer by phone, the Executor shall make a bouquet with replacement of missing flowers with flowers of equal quality and value. In this case, the colour scheme chosen by the Customer is fully preserved. This allows the Executor to fulfil the order without delays.
3.8.4 If the required colours are not available in the Executor's warehouse and the Customer does not agree to the proposed replacement, the Executor shall refund the money paid for the order.
3.9. Refusal of the Recipient to accept the bouquet.
3.9.1 If the Recipient refuses to accept the bouquet delivered by the Contractor, the bouquet shall be returned to the Contractor's salon. The Contractor shall contact the Customer. The money for this order shall not be refunded. Within 24 hours from the moment of unsuccessful delivery the Customer has the right to specify a different delivery address within the settlement of the initial delivery and a different Recipient, in this case the delivery is made by the Executor to another Recipient at a different delivery address. The cost of repeated delivery in this case shall be paid separately.
3.9.2 If the Contractor fails to reach the Customer, the order shall be deemed fulfilled.
3.9.3 In case the Recipient refuses to accept the bouquet, the Customer has the right to take back the already made bouquet from the Contractor's salon within 24 hours from the moment of unsuccessful delivery.
3.10. Delivery Report
3.10.1 The Executor informs the Customer about the completed delivery by sending an SMS-message to the Customer's contact number and a letter to the Customer's e-mail. The notification is sent after the Contractor has delivered the bouquet to the Recipient.
3.10.2 The order fulfilment report may be delayed due to heavy workload of the Executor's couriers, especially on public holidays.
3.11. Payment for the flower delivery order.
3.11.1 The Customer can pay for the order for flowers delivery in any way specified on the site https://elflora.com.ua/
3.12. The Contractor reserves the right to unilaterally terminate the Offer Agreement or suspend the Order if the cost of the Services under the Order exceeded the amount received from the Customer.
3.13. The Customer may not transfer his rights under the Offer Agreement to any third party.
3.14. The samples of flower compositions and bouquets, given on the site, are only variants of work performance.
3.15. Delivery is carried out by the Executor in the cities of Ukraine.
4. PERFORMER'S OBLIGATIONS
The Contractor undertakes to:
4.1.Provide the Customer with the services "delivery of flowers, bouquets, gifts and decor" according to the terms and conditions of the Offer.
4.2 At the Customer's request, for a certain period of time, to suspend the fulfilment of the Order, if there is at least 1 working day left before its fulfilment.
5. CUSTOMER OBLIGATIONS
The Customer undertakes to:
5.1 Fill in all fields of the Order form on the website in a reliable manner https://elflora.com.ua/ or report the specified data to the telephone numbers of the Contractor's contact centre.
5.2 Observe the requirements and norms of the current legislation.
5.3. Place an Order through the appropriate section on the Executor's website or by contact centre phone numbers specified on the website https://elflora.com.ua.
5.4. Pay the Service to the Executor under the Offer Agreement.
6. TERMS OF PAYMENT
6.1 Payment for the Services shall be made to the Customers before the end of the Acceptance period.
6.2 The Services shall be paid by the Customer in the amount of 100 (One hundred) % of the advance payment of the price of certain Services.
6.3 The price of the Services "sale and delivery of flowers, bouquets and gifts" includes all fees, taxes, etc.
6.4 Payment for the Services via online payment is made in Ukrainian hryvnias, according to the details of the Executor.
6.5 The Services are paid by the Customer from the moment when the Executor has received the confirmation of payment crediting.
7. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE OFFER AGREEMENT
7.1 The Customer shall perform the Offer Acceptance by means of prepayment for the Contractor's Services, in respect of which the Offer Agreement is concluded, within the term of the Offer Acceptance, provided that the conditions of clause 6 of the Offer are met. 6 of the Offer.
8. CHANGE OF TERMS AND VALIDITY OF THE OFFER
8.1 The Offer comes into force from the moment of its placement in the Internet and is valid until the moment of its withdrawal by the Contractor.
8.2 The Contractor reserves the right to change the terms of the Offer or withdraw the Offer at its own discretion.
9. TERM OF VALIDITY AND AMENDMENT OF THE OFFER AGREEMENT
9.1 The Offer Agreement shall be deemed concluded from the moment of acceptance of the Offer by the Customer and shall be valid until the moment of fulfilment of the Order by the Contractor, or until the moment of termination (cancellation) of the Offer Agreement.
9.2 In case of withdrawal of the Offer by the Contractor, the Offer Agreement shall be deemed terminated from the moment of its withdrawal.
10. CANCELLATION OF OFFER AGREEMENT
10.1 The Customer may terminate the Offer Agreement if the Contractor has breached the relevant Offer Agreement or applicable law.
10.2 The Contractor at its own discretion may terminate the Offer Agreement at any time and shall notify the Customer thereof. From the moment the Contractor sends a notice of termination of the Offer Agreement, this agreement is cancelled.
11. ORDER CANCELLATION AND REFUND PROCEDURE
11.1 The Customer has the right to cancel the Order by calling the contact centre phone numbers specified on the website https://elflora.com.ua , subject to the provisions of clause. 11.2. of this offer.
11.2 The Order cannot be cancelled if the composition has already been assembled by the Executor and prepared for delivery to the Recipient. In this case the money is not refunded, as flowers are perishable goods.
In other cases when cancelling the order, the Executor shall withhold 20% of the order value, the rest of the amount shall be returned to the Customer.
11.3 In order to refund the money, the Customer should fill in the "Application for refund" and send it to the following address: info@elflora.com.ua. The refund is made from 3 to 45 working days from the date of receipt of the "Application for refund" by the Contractor.
11.4 The term of consideration of the Application and refund to the Customer starts to be calculated from the moment of receipt of the Application by the Executor and is calculated in working days excluding holidays/weekends. If the Application is received by the Executor after 18.00 of the working day or on a holiday/holiday, the moment of receipt of the Application by the Executor shall be the next working day.
11.5 If the executed and paid order was not delivered due to the Executor's fault, the money shall be returned to the Customer in full.
11.6 In case of delivery of the Order to the Customer of improper quality, the Customer shall provide the goods to the Executor's shop (in the city of the Order execution) as soon as possible (up to 24 hours) to carry out the quality check of the goods. The exact address of the shop for filing a claim can be found out by sending a request to order@tea-rose.com.ua . The request will be processed as soon as possible. If the request is received during working hours, it will be processed within 30 minutes. If the enquiry is received outside working hours, it will be processed on the next working day within the time limit.
In accordance with Article 22 of the Law No. 2300-I "On Protection of Consumer Rights", the sum paid by the Customer for the Goods of improper quality shall be returned to the Customer within 10 calendar days from the moment of making the relevant request. The method of refund is the same as the method of payment. The refund to the bank card is made only to the card from which the payment was made.
12. Confidential information
12.1.The Contractor undertakes not to disclose the Customer's data specified during registration at https://elflora.com.ua and when placing an Order to persons not related to the execution of the Order.
13. OTHER CONDITIONS
13.1. The Offer agreement, its conclusion and further performance shall be regulated in accordance with the current legislation of Ukraine. All issues, which are not settled by this Offer or settled not fully, shall be resolved in accordance with the current legislation of Ukraine. In case of disagreements between the Customer and the Contractor in the part of relations of the Offer Agreement, which cannot be resolved by negotiation of the parties, are settled in accordance with the current legislation of Ukraine. All legal proceedings are made at the place of location - legal address of the Customer.