Terms of Use

1. Definitions 2. The Subject of the Contract 3. Order Processing 4. Price of Goods and Services 5. Rights and Obligations of the Parties 6. Return Policy 7. Delivery Rules 8. Liability 9. Confidentiality and Personal Data Protection 10. Site Security 11. Intellectual Property Rights 12. Cookie Policy 13. Other Terms

This Contract represents the official offer extended by the Seller to enter into a purchase and sale agreement for the Goods presented on the website https://flowers.ua/ (hereinafter referred to as the «Site»). This Contract is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur), without giving preference to one buyer over another. By entering into this Contract, the Buyer fully accepts the terms and conditions for placing an order, payment for goods, delivery, return of goods, and all other terms of the Contract. The Contract is considered concluded from the moment the «ORDER» button is clicked on the order placement page, and the Buyer receives confirmation of the order in electronic form and/or via SMS from the Seller.

1. Definitions

1.1 Public offer (hereinafter – the “Offer”) – a public proposal by the Seller addressed to an indefinite number of people to conclude a distance purchase and sale contract (hereinafter – the “Contract”) on the terms set forth in this Offer.

1.2. Goods or Services – the goods selected by the buyer on the Site and added to the shopping cart.

1.3. Site – the website owned by the Seller, located at https://flowers.ua/.

1.4. Buyer – a legally capable natural person who has reached the age of 18; a natural person-entrepreneur; a legal entity placing an order for the purchase of goods presented on the Site for purposes unrelated to entrepreneurial activity.

1.5. Recipient – the person designated by the Buyer as the direct recipient of the Goods.

2. The Subject of the Contract

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods (if the Buyer is the Recipient) under the terms of this Contract.

2.2. The date of conclusion of the Offer Contract (acceptance of the offer) and the moment of full and unconditional acceptance of the terms of the Contract by the Buyer shall be deemed to be the date/time of clicking the “Order” button on the order placement page and the receipt by the Buyer of confirmation of the order in electronic form and/or via SMS. If necessary, at the Buyer’s request, the Contract may be executed in writing.

3. Order Processing

3.1. The Buyer independently places an order on the website using the “Shopping cart” form by clicking the “ORDER” button next to the selected item, or by placing an order by email, or by calling the contact center phone numbers listed on the Site.

3.2. When placing an order on the Site, the Buyer agrees to provide the following information necessary for the Seller to fulfill the order:

3.2.1. Buyer’s last name, first name;

3.2.2. Address for delivery of the Goods or a contact person from whom the delivery address can be obtained;

3.2.3. Contact phone numbers; Buyer’s and Recipient’s (if the Recipient is a different person);

3.2.4. Identification code for a legal entity or individual entrepreneur.

3.3. The name, quantity, article number, and price of the selected Goods chosen by the Buyer are specified in the Buyer’s shopping cart on the Site.

3.4. If the Seller requires additional information, they have the right to request it from the Buyer. In case the necessary information is not provided by the Buyer, the Seller shall not be responsible for providing quality service when placing an order.

3.5. When placing an order through the Seller’s contact center operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3-3.4 of this Offer.

3.6. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the Site or when placing an order through the contact center operator. After placing an order through the contact center, the Buyer’s data is entered into the Seller’s database.

3.7. The Buyer is responsible for the accuracy of the information provided when placing an order.

3.8. By entering into the Contract, i.e., accepting the terms of this Offer (the proposed terms of purchasing the Goods) by placing an order, the Buyer confirms the following:

• The Buyer is fully acquainted with and agrees to the terms of this Offer;
• The Buyer gives permission for the collection, processing, and transfer of personal data, which permission remains valid for the entire term of the Contract and for an unlimited period after its expiration. Additionally, by entering into the Contract, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection”, the purpose of data collection, as well as the fact that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Contract, conducting settlements, and obtaining settlement documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notifications to the Buyer only for the purpose of fulfilling the Buyer’s order or in cases provided by current legislation. The scope of the Buyer’s rights as a subject of personal data under the Law of Ukraine “On Personal Data Protection” is known and understood by the Buyer.

4. Price of Goods and Services

4.1. Prices for Goods and services are determined by the Seller independently and are specified on the Site.

4.2. Prices for Goods and services may be changed by the Seller unilaterally, depending on market conditions.

4.3 The price of the Goods listed on the Site does not include the cost of delivery to the Buyer.

4.4. Delivery terms and costs are specified by the Seller on the Site and may be unilaterally changed by the Seller depending on market conditions and circumstances beyond the Seller’s control (delivery area). Upon the Buyer’s request, the Seller may provide detailed information about the current delivery terms and costs at the time of ordering.

4.5. The Buyer’s payment obligations for the Goods are considered fulfilled from the moment the Seller receives the funds in their account.

4.6. Settlements between the Seller and the Buyer for the Goods are made in accordance with the methods specified on the Site in the “Delivery and Payment” section.

4.7. Upon receiving the Goods, the Buyer must verify the conformity of the Goods to the qualitative and quantitative characteristics (product name, quantity, completeness) in the presence of the courier. If the Buyer is not the Recipient, the Recipient must check the conformity of the Goods upon receiving them.

4.8. The Buyer or Recipient, when accepting the Goods, confirms their acceptance by signing the delivery receipt, stating that there are no claims regarding the quality, appearance, and completeness of the Goods.

4.9. Ownership rights and the risk of accidental loss or damage to the Goods transfer to the Buyer or Recipient upon receiving the Goods at the delivery address or at the self-pickup point.

4.10. If a person other than the Buyer is the direct Recipient, the relationship between the Parties under this contract is governed by the provisions of Article 636 of the Civil Code of Ukraine.

5. Rights and Obligations of the Parties

5.1. The Seller is obliged to: 5.1.1. Deliver the Goods to the Buyer or Recipient in accordance with the terms of this Contract and the Buyer’s order. 5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except for the Seller’s staff for the purpose of fulfilling the Order and cases provided by Law.

5.2. The Seller has the right to: 5.2.1. Change the terms of this Contract and the prices of Goods and services unilaterally by posting them on the Site. All changes take effect upon publication.

5.3. The Buyer undertakes to: 5.3.1. Before entering into the Contract, familiarize themselves with the content of the Contract, the terms of the Contract, and the prices offered by the Seller on the Site. 5.3.2. In order for the Seller to fulfill their obligations to the Buyer, the Buyer must provide all necessary information that clearly identifies them as the Buyer and is sufficient for the delivery to the Buyer or Recipient of the ordered Goods.

6. Return Policy

6.1. The Buyer is aware of and agrees that fresh flowers, soft toys, food products (including confectionery, cakes, and fruit), and alcoholic and non-alcoholic beverages of proper quality fall into the category of goods that are not subject to exchange or return. The decision to return or exchange such Goods is solely at the discretion of the Seller.

6.2. The return of the mentioned Goods is possible only in case of their improper quality. In this case, the burden of proving the improper quality of the Goods rests with the Buyer.

6.3. The Buyer’s complaints regarding the quality of the delivered Goods are accepted exclusively within 24 hours from the time of actual order fulfillment. Complaints submitted after this period will not be considered, and in such a case, it’s considered that the Goods were accepted without any complaints about their quality.

6.3.1. The Buyer submits a complaint in writing, with a detailed description of the shortcomings of the Goods, to info@flowers.ua. “Anonymous” complaints (those that cannot identify the person) will not be considered.

6.3.2. The complaint must include photos of the received Goods from different angles and perspectives, with a minimum of 3 (three) photos.

6.3.3. The Seller notifies the Buyer of receiving the complaint within 24 hours using the same method the complaint was received and conducts an internal investigation of the situation within a maximum of 7 working days from the moment of receiving the complaint. Following the internal investigation, the Seller provides the Buyer with a written, substantiated response to their complaint.

6.3.4. During the internal investigation, the Seller has the right to request additional information necessary for a comprehensive and objective review of the Buyer’s complaint.

6.3.5. In case the Buyer does not provide the necessary additional information within 3 (three) days from the date of receiving the corresponding request or provides it in an incomplete or poor quality (pertaining photos) form that prevents a comprehensive and full evaluation of the justification of the Buyer’s claims, the Seller has the right to terminate the review of the complaint.

6.4. The Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer (Recipient) due to the Buyer’s violation of the care or storage rules, actions of third parties, or force majeure.

6.5. In case of a decision to satisfy the complaint, the Seller, in agreement with the Buyer:

• replaces the floral composition with an equivalent one of proper quality, or
• refunds the Buyer the monetary amount for the floral composition of improper quality.

7. Delivery Rules

7.1. When choosing the “Delivery at a Specific Time” service within the specified delivery periods, it is carried out with a +/- 15-minute interval from the time specified by the Buyer. During delivery with a comment in the order “Do Not Call the Recipient”, if the Recipient is not present at the specified address at the time of delivery:

• The courier may leave the bouquet at the specified address with the Buyer’s consent, and in this case, the Seller is released from responsibility for further storage of the goods.
• The courier returns the bouquet to the store. Re-delivery to a different address or the same address at a different time is subject to additional payment in full and is carried out during the delivery schedule without priority. If the Buyer refuses re-delivery, the payment for the order is not refunded, but the Buyer may collect the bouquet at a pickup point (if available in the Buyer’s city).

7.2. The Seller provides no guarantees and disclaims responsibility regarding the delivery time if the Buyer has specified in the order to “Call the Recipient to confirm the address before delivery”. In such a case, the time specified by the Recipient during the call takes precedence.

7.3. The Seller is released from any responsibility if:

• The Recipient was not present at the specified time indicated by the Buyer, or
• At the Recipient’s request, the delivery time was changed, or
• The Recipient refused to accept the order, or
• Adverse weather conditions created city-wide traffic jams beyond the Seller’s control.

7.4. On days of high demand for services (International Women’s Day, Mother’s Day, Valentine’s Day, First School Day, and Teacher’s Day), the Seller reserves the right to change delivery timeframes or cancel them. In such cases, all orders will be delivered throughout the day.

8. Liability

8.1. The Seller is not liable for improper or untimely execution of the Order in the event that the Buyer provides inaccurate, incomplete, or erroneous information.

8.2. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.

8.3. The Seller or the Buyer are released from liability for partial or complete non-fulfillment of their obligations if such non-fulfillment results from force majeure circumstances and irresistible force, such as: war or military actions, earthquakes, floods, fires, and other natural disasters that occur independently of the will of the Seller and/or the Buyer after the conclusion of this Contract. The Party unable to fulfill its obligations shall immediately notify the other Party of this and provide appropriate evidence of the stated circumstances.

9. Confidentiality and Personal Data Protection

9.1. By providing their personal data on the Site during registration or order placement, the Buyer voluntarily gives consent to the Seller for processing, using (including transmitting) their personal data, as well as taking other actions as provided for by the Law of Ukraine “On Personal Data Protection”, without limitation of the term of such consent.

9.2. The Seller commits not to disclose the information received from the Buyer. It is not considered a breach for the Seller to provide information to counterparties and third parties acting under an agreement with the Seller, including for the performance of obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine.

9.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for the improper execution or non-execution of its obligations due to outdated information about the Buyer or its inaccuracy.

10. Site Security

10.1. The Seller ensures and maintains the security of the Site’s functioning.

10.2. However, the Seller cannot guarantee the security of the Site’s functioning in circumstances beyond their control, including but not limited to: power outages and/or network failures, unplanned changes in algorithms by social media administrators, global interruptions in relevant Internet segments, routing system failures, failures in the distributed domain name system, failures caused by hacker and DDOS attacks, computer viruses, and more.

11. Intellectual Property Rights

11.1. All objects placed by the Seller on the Site, including design elements, text, graphics, illustrations, videos, scripts, music, sounds and collections thereof, computer programs, databases, source codes, and others, created by the Seller for the operation and development of the Site, are objects of exclusive intellectual property rights protected accordingly.

11.2. The use of intellectual property objects contained on the Site without the owner’s permission is prohibited. In particular, the Buyer does not have the right to:

• Modify, create derivative products, display, publicly reproduce, distribute the Site’s content in any way, or use it for any public or commercial purposes.
• Delete, conceal, or in any other way distort the author’s indications, including messages about any intellectual property rights from any Site content.
• Decompile, disassemble or resort to any other method of extracting the source code of the software that is part of the Site.
• Distribute, complicate, sell, sublicense, use the software that is part of the Site, or in any other way transfer the rights to the software.
• Exploit software errors (the Buyer is obligated to promptly inform the Seller about them at info@flowers.ua), interfere with the software code, gain unauthorized access to the computer system, and gain new access to the user, database, or Site materials without permission.

12. Cookie Policy

12.1. Cookies are small text files stored on the Buyer’s computer, tablet, or mobile phone. When visiting the Site, cookies allow the Site to “remember” the Buyer and their preferences to enhance the quality of interaction with the Site.

12.2. The Seller uses cookies to personalize content and improve the user experience. By browsing the Site, the Buyer consents to the use of cookies. The Buyer can control and manage cookies through the browser.

12.3. Most browsers allow users to view, delete, and block cookies from websites. Please note that deleting all cookies may disrupt the Buyer’s settings, including the ability to opt out of cookies, as this function itself requires the placement of a corresponding cookie file on the Buyer’s device.

13. Other Terms

13.1. This Contract is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine. 

13.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to settle the dispute through negotiations, the Buyer and/or the Seller have the right to seek dispute resolution from state authorities competent to consider such disputes in accordance with the current legislation of Ukraine.

13.3. The Seller has the right to make changes to this Contract unilaterally.