This public contract (hereinafter referred to as the “Contract”) is an open offer (hereinafter referred to as the “Offer”) by the Individual Entrepreneur Kuzmenko B.I. (hereinafter referred to as the “Seller”), addressed to an indefinite circle of persons (hereinafter referred to as the “Users”), to conclude a sale and purchase agreement under the terms set forth in this Offer.
Upon accepting the terms of this agreement, i.e., the public offer, the User becomes the Customer.
Terms and General Provisions.
Goods: flowers, floral products, decor items, gifts.
A website is a collection of pages accessed via a web browser and software modules united by a single management system, located on the Internet at the address https://fiori.ua (main company website) and https://fiori.ua/shop/ (a subpage of the online store), and contain all the attributes of this public offer.
An Order is an application drawn up and placed on the Website by the Customer, addressed to the Contractor, for the purchase and delivery, on their behalf and by their instruction, of the Goods reserved by them.
The Customer is an individual who has reached the age of eighteen, giving an order for the purchase of the Goods presented on the Website for purposes not related to the implementation of entrepreneurial activity; or a legal entity / sole proprietor.
Contractor – Internet project fiori.ua.
The parties are the Contractor and the Customer.
Subject of the agreement.
The Contractor undertakes the obligation to sell flowers, floral products, decor items, and gifts to the Customer, and the Buyer undertakes to accept and pay for such Goods and Services.
The Customer accepts the terms of this agreement at the time of placing the Order by clicking the «Confirm Order» button, which signifies the Customer's confirmation that they have read the text of this agreement and agree to its terms. Subsequently, any objections from the Customer regarding giving their consent in this manner shall relieve the Contractor of any liability for failure to fulfill the terms of this agreement and reserves the right for the Contractor to cancel the Order unilaterally and/or replace the ordered but unavailable goods with similar ones, while the Customer, in turn, has the right to refuse to accept such goods.
Terms and Conditions of Sale of Goods and Provision of Services.
Goods, services, and their cost are displayed on the website in the relevant sections. The type of products sold may differ slightly from the images provided on the website. Due to the fact that flowers are a seasonal product, it is not always possible to create a bouquet identical to the one on the website. In such cases, our florists create bouquets and arrangements with a partial substitution of flowers, while maintaining the color palette and geometry of the bouquet. At the same time, the total number of flowers used to replace the composition or bouquet may be changed. The substitution of flowers is carried out by prior agreement with the Client. If the majority of flowers for the ordered composition (bouquet) are missing in the store, the Company notifies the client about this.
Order placement procedure:
The Customer places an Order on the Website independently by adding selected flowers, bouquets, plants, decor, and gifts to the virtual cart and clicking the «Checkout» button.
After selecting the desired Product or Service, the Customer goes to the cart and places an order. When choosing the cashless payment method, they make the payment.
As a result of placing the Order, the Contractor receives the Customer's data and the Order number to fulfill the assignment for the purchase and delivery of reserved goods in accordance with the generated Order for the Goods on the Website.
The Customer may make payment by bank transfer, or in cash on the day the assignment is fulfilled at the address specified by the Customer upon placement. Payment is made in the national currency of Ukraine - Hryvnias.
Validity period of the Offer
Acceptance of the offer by the Contractor occurs at the moment of receipt of the prepayment or payment for the order.
In the event of revocation of the Offer by the Contractor or the Customer, the Offer Agreement shall be deemed terminated from the moment of its revocation.
Order payment procedure
Payment for the order constitutes the Customer's agreement to conclude this Agreement with the Contractor.
The Customer pays the cost of the order under the Agreement by transferring funds to the Contractor's current account or in cash upon receipt of the goods. The date of payment shall be considered the day the funds are received in the Contractor's account.
Prices for any items of the Product indicated on the website fiori.ua/shop are valid at the time the order is placed. In the event of a price change for the ordered items of the Product, the Contractor undertakes to inform the Customer in the shortest possible time. The Customer has the right to confirm or cancel the Order. If the Contractor fails to inform the Customer (lack of communication, etc.), the Contractor has the right to cancel the unpaid order.
Prices for goods are indicated per 1 piece. The cost of the Goods order does not include florist services for arranging flowers into a bouquet and delivery.
Refunds for funds mistakenly paid by the Customer are made within 7 business days from the moment of payment. To receive a refund, the Customer is obliged to provide the necessary information: ITIN, bank account details (if the Customer's Bank is not PrivatBank), or PrivatBank card number.
Order Delivery Procedure
Minimum delivery order amount is 500 UAH
During periods of increased workload (New Year, Valentine's Day, March 8, Mother's Day), delivery terms may change.
Delivery of orders accepted before 3:00 PM, by agreement, is carried out on the day of the order (in the city of Kyiv).
Delivery of orders accepted after 15:00, by agreement, is carried out after 20:00 or the next day.
For an additional fee, delivery services at a precise time or at night can be provided to the Customer.
The Customer should check the possibility and price of delivery outside of Kyiv with the Site operators.
Delivery to the regions of Ukraine is carried out by the Nova Poshta company according to the carrier's rates. Shipping to the regions is available only for products from the Decor and Gifts section and floristry supplies.
The possibility and date of delivery of bulky goods are coordinated with the Site operator.
Upon delivery of the Order, the Contractor has the right to ask the Customer to present an identity document confirming the latter's compliance with the age restrictions established for Customers by this agreement.
Upon delivery of the Order, the Customer has the right to refuse to accept the goods if the goods are in unmarketable condition.
Rules for exchange and return of goods
In all our dealings with our customers, we operate within the framework of the existing laws of Ukraine. In accordance with Ukrainian law https://zakon.rada.gov.ua/laws/show/1023-12#Text, returns or exchanges of goods are processed at our store (see addresses) upon presentation of a receipt/delivery note and a document verifying the identity of the customer or payer.
In accordance with the Law of Ukraine «On Consumer Protection» and Article 707 of the Civil Code of Ukraine:
– flowers and live plants are non-exchangeable and non-returnable, as flowers and live plants are classified as perishable goods that very quickly lose their marketable appearance, and preserving their marketable appearance or properties is only possible under special conditions and with proper care. At the time of delivery, the Customer has the right to refuse a bouquet, cut flowers, or plants that are in an unmarketable condition. In this case, the exchange of the Goods for a new one is carried out in the shortest possible time, and a refund is issued within 7 working days from the moment the application is written. A complaint regarding the quality of a bouquet, cut flowers, and live plants can be accepted within 3 hours after purchase (this is precisely the amount of time it can take for flowers to wilt without proper care and compliance with storage conditions).
– products from the decor and gifts section, as well as florist supplies, are eligible for exchange within 14 days (excluding the day of purchase), provided that: the product is in marketable condition, in its original packaging, and all tags, labels, and seals are intact. The reason for exchanging a product may be: the product did not satisfy the customer in terms of shape, dimensions, style, color, size, or for other reasons for which the product cannot be used for its intended purpose. If a similar product is not available for sale at the time of the exchange, the Customer has the right either to purchase any other products from the available assortment with a corresponding price recalculation, or to terminate the contract and receive a refund equal to the value of the returned product, or to exchange the product for a similar one upon the first arrival of the corresponding product for sale. The Contractor is obliged to notify the Customer requesting the exchange on the day the product arrives for sale.
Despite the fact that virtually all delivered products are non-returnable and non-exchangeable under current Ukrainian legislation, the Company processes returns and exchanges on its own initiative, reserving the right to refuse any return or exchange.
We are doing our best to delight you with the product we sell, but since we work with perishable goods, in case of any disputes, we ask you to:
– within 3 hours of receiving the purchase of bouquets, decor, florist supplies, cut flowers, or plants, contact our company at +380 67 506 41 01, or write to the service quality control form on the main page of our website, or write to us on Viber, Telegram, or by email at fiori.online.boutique@gmail.com.
- send us 3-5 photos of the product of inadequate quality.
If, after an internal investigation, it turns out that the client's claim is groundless, the Company is released from obligations regarding this claim. In the event that, after an internal investigation, it turns out that the client's claim is actually valid, the exchange of goods or refund is carried out within 7 banking days from the moment the application is accepted.
In the event that at the time of delivery to the Recipient, the bouquet, flowers, or plants were not fresh or were in poor condition, the Customer has the right to refuse the goods, receive a full refund, or request a replacement of the delivered floral arrangement, bouquet, or plant. If the customer files a complaint regarding the quality of the delivered floral products later than 3 hours from the moment of order delivery, it may not be accepted for consideration, since after delivery the Company cannot control the storage conditions of the flowers, and flowers are perishable goods. It is normal for certain types of flowers to die at high temperatures or due to improper care.
Privacy
The Contractor guarantees the confidentiality of the information specified by the Customer during registration or order placement.
The Contractor guarantees that personal data will not be used for mercenary purposes, on third-party resources, or for spam distribution.
When placing an Order, the Customer consents to the processing of their personal data stored in the Contractor's database exclusively for identifying the Customer during repeat orders and for correct fulfillment. If the Customer refuses to provide the data, the Contractor will not be able to properly process the Order.
Rights and obligations of the parties
The Customer undertakes not to resort to any actions that violate the legislation of Ukraine, norms of international law, and actions that may disrupt the normal functioning of the website.
The Customer consents to the use and processing of the user's personal data in accordance with the current legislation of Ukraine.
Responsibility for money transfers lies entirely with the banks and payment systems chosen by the Customer. The Contractor is not responsible for payment processing.
The Contractor is not responsible for the performance of the equipment on which the website is hosted, the availability of the website, the operation of data transmission channels, and other technical means for Users to access the Website.
The Contractor makes every effort to deliver quality Goods in the shortest possible time.
The Customer is responsible for the accuracy of the data specified in the Order form. In the event that incorrect, inaccurate, and/or improper specification of data in the Order leads to additional expenses of the Contractor related to the delivery of the Goods to the wrong address or the issuance of the Goods to the wrong recipient, all related losses and expenses shall be borne by the Customer.
Force majeure
The Parties are released from liability for failure to fulfill obligations if such failure is caused by circumstances beyond the control of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of authorities or administration, etc., which make the fulfillment of the terms of this Agreement impossible (hereinafter referred to as Force Majeure).
Force majeure applies, and the Party for whom it has occurred is released from liability for the breach of the terms of this Agreement, subject to the availability of a written confirmation (conclusion, certificate) from the Ukrainian Chamber of Commerce and Industry regarding the occurrence of force majeure.
The Party for which Force Majeure has occurred undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
From the moment such a notice is received by the other party, the fulfillment of the terms of this Agreement shall be suspended for the entire duration of the Force Majeure.
In the event of Force Majeure circumstances lasting for more than 3 months, each party has the right to initiate the termination of the Agreement.
Other terms
This Agreement is concluded on the territory of Ukraine and is governed by the substantive law of Ukraine.
By this agreement, the Customer consents to the processing of their personal data.
The invalidity of any clause or part of this agreement shall not entail the invalidity of the agreement as a whole.
All disputes arising between the Customer and the Contractor shall be resolved through negotiations. If a settlement of the dispute cannot be reached, the parties may apply to the judicial authorities for dispute resolution in accordance with the current legislation.
The Contractor reserves the right to amend the text of this Agreement at its own discretion at any time and without prior notice to the Clients. The current (effective) version of the Agreement is always posted on the Website.