Public Offer Agreement
Contract of sale of Kyivdelivery.com - Flowers and Gifts Delivery in Ukraine.
1. General provisions
1.1. Kyivdelivery.com, hereinafter the "Seller", publishes the public offer of sale of goods in accordance with the samples shown on the official websites of the Seller https://kievdelivery.com or https://kyivdelivery.com.
1.2. According to Articles 633 and 641 of the Civil Law of Ukraine, this document is a public offer, and in case of acceptance of the stated below conditions, an individual, sole proprietorship, or entity performing the acceptance of this offer shall pay Seller for the Goods in accordance with the terms of this Contract. Payment of the goods by the Customer is considered acceptance of the offer, which is tantamount to the conclusion of the Contract under the terms set out in the offer.
1.3. Based on the above, carefully read the text of the public offer, and if you do not agree with any article of the offer you are offered to withdraw from the purchase of the Goods or the Use of Services provided by the Seller.
1.4. In this offer, unless the context otherwise requires, the following terms have the following meanings:
"Offer" - a public offering of the Seller addressed to any individual (citizen) or entity to sign with him a contract of sale (hereinafter - the "Contract") on the existing terms and conditions contained in the Contract, including all of its applications.
"Customer" - a citizen who intends to order or purchase or is ordering, buying, or using goods exclusively for personal, family, household, and other purposes not related to business activities.
"Third Person" - any competent individual, legal entity, or individual entrepreneur under current Ukrainian law for which the buyer had ordered or authorized the buyer to pick up the product or service ordered on the website of the seller.
"Acceptance" - complete and unconditional acceptance of the Contract by the Customer through payment for the goods provided by the Seller and their delivery.
"Goods" - the list of product names presented on the official website.
"Order" - individual items of the assortment list of the Goods specified by the Customer when filling out the application form on the website or through the Operator.
"Delivery" - courier services for delivery of the Order.
2. Subject of the contract
2.1. The Seller sells Goods in accordance with the current price list published on the website of the Seller https://kievdelivery.com or https://kyivdelivery.com, and the Customer makes payment and receives the Goods or orders the delivery of Goods to the Third Person in accordance with the terms of this Contract.
2.2. This Contract and its annexes are official documents of the Seller and an integral part of the offer.
3. Placement of Order
3.1. Ordering the Goods is performed by the Customer through the website https://kievdelivery.com or https://kyivdelivery.com
3.2. When registering on the website of the Seller the Customer agrees to provide the following login information:
a) personal information (full name) enabling the identification of the customer, as well as payment coming from this person as payment for the goods and delivery.
b) accurate shipping address/location of the recipient of the order and his/her correct phone number
c) the date and desired time of delivery;
g) recipient's full name (if applicable) and telephone number.
e) if necessary - the text of the greeting card
All information coming to https://kievdelivery.com or https://kyivdelivery.com is kept a secret, is not for sale, and can’t be traded for any information with other companies, organizations, or individuals. Kyivdelivery.com uses that information to contact only those customers from whom it was received.
Having approved the Order, the Customer provides the Operator with the necessary information in accordance with the procedure described in paragraph 3.2. of this Contract.
3.3. The Seller is not responsible for the content or accuracy of the information provided by the Customer when ordering.
3.4. The Customer is responsible for the accuracy of the information provided when ordering.
3.5. Customer pays for the Order independently placed on the website constitutes Customer’s acceptance of terms and conditions hereof. The day of Order payment is the date the Contract of sale between the Seller and the Customer is concluded.
3.6. All the information materials presented on the website are for reference only and cannot fully convey accurate information about specific properties and characteristics of the Goods. In the event of the Customer having questions concerning the properties and characteristics of the Goods, the Customer shall seek the advice of the Operator before ordering.
3.7. The given examples of works on the site are the possible options for making floral arrangements. Each and every floral arrangement made by the Company’s florists are individual and may differ slightly in packaging or form.
3.8. Changes (additions) to the order shall be submitted by the Customer no later than 24 hours before the delivery date. Any changes shall be confirmed by the Seller by e-mail. Changes or additions not confirmed by the Seller will not be produced. Requests for changes (additions) received less than 24 hours before the delivery date will not be considered.
4. The period for performance of the Order
4.1 Delivery in Kyiv is carried out at least 2 hours after placing the order, and in the regions – at least 12 hours after registration and payment. No specific time of delivery is guaranteed. The period for performance of the Order, in exceptional cases, may be agreed with the Customer individually depending on the characteristics and quantity of the Goods ordered.
4.2. Due to seasonal changes in the market, ordering and/or delivery of certain types of flowers may be limited or impossible. Also, some specific flowers may not be available on some days and in some regions. In this regard, it may be sometimes not possible to deliver a bouquet that perfectly matches the one shown on the website. In this case, Kyivdelivery will deliver the bouquet that matches the one shown on the site as closely as possible.
The cost of actually delivered arrangement will be equal to or more expensive than ordering. The Seller will make every effort to bring the delivered arrangement as closely as possible to the ordered one in size, shape, and overall color scheme. Additional gifts may vary in appearance, size, and producing firms depending on the region of delivery. In any case, the Seller will ensure that the cost and quality of delivered gifts will be equal to or greater than ordered. The Seller shall notify the Customer of changes in the completeness of the Order through the Operator.
4.3. The order is considered delivered at the time of its receipt by the Customer or Third Person. By signing the sheet of the courier the Customer (recipient) confirms the execution of the Order.
4.4. In case of incorrect contact information provided by the Customer, the Seller is not responsible for the improper execution of the Order.
4.5. In case of improper execution of delivery of the Order by the Seller re-delivery of the Order is free of charge.
4.6. In the event that the recipient does not answer by contact phone, we inform the Customer that there is no way to carry out delivery by that date. If at the time of delivery, the recipient is not in place, despite the agreement of delivery or if the Customer wanted to make a surprise delivery, the Operator has the right to give instructions to leave the Order with neighbors or relatives, or leave a note asking the recipient to agree on a re-delivery time. In this case, the claim on terms of delivery and quality of the Order is not accepted.
5. Order settlement
5.1. Payment of executed Order is affected by the Customer’s payment via the website https://kievdelivery.com or https://kyivdelivery.com. Confirmation to the Customer of the executed Order is the message from the c[email protected] email address that the delivery is made.
5.2. Prices for all goods listed on the websites https://kievdelivery.com or https://kyivdelivery.com may be changed unilaterally by the Seller without notice to the Customer. In case of a change of the price of the Goods ordered the Operator shall promptly inform the Buyer of such change. The customer has the right to confirm or cancel the order. If there is no connection with the Customer the Order is canceled within 7 days from the date of placement.
6. Goods delivery
6.1. The obligation of the Seller to deliver the Goods on the condition of its delivery is considered complete with the Customer’s or Third Person’s signing the form of delivery.
6.2. The ownership of the Goods and the risks of accidental damage and/or loss of the Goods passes to the Customer on the date and time of the actual transfer of Goods and signing the form of delivery by the Customer or Third Person when delivered to the Customer or to the Third Person.
6.3. Delivery costs and conditions are listed on the website of Kyivdelivery.
6.4. Delivery is carried out only by prior agreement with the recipient by telephone to prevent the absence of the recipient in place at the time of arrival of the courier. Delivery "Surprise" is carried out only on the condition that the Customer is sure that the recipient is in place at the time of delivery at the time agreed in the order. The customer assumes the risk of the recipient not being in place at the appointed time. No refunds or returns or exchanges of any item will be made in case of a recipient’s absence.
6.5. Due to the increased volume of orders during the holidays the Seller cannot guarantee on-time delivery. Delivery will be carried out after phone coordination of the time and place of delivery with the recipient. This applies to the following holidays: Christmas, New Year, Valentine's Day, March 8, and Easter.
7. Return/ cancellation of the Order.
7.1 According to the list of non-food goods of appropriate quality not subject to return or exchange for similar goods of other sizes, shapes, dimensions, styles, colors, or configurations the plants are non-refundable.
7.2. The Customer is not entitled to withdraw from the paid and received Goods of good quality individually having certain properties.
7.3. In the case of delivery of the Order of inadequate quality by the Seller, the Customer agrees to refuse the Goods upon delivery and report it to the Seller by calling +380677088480 or via e-mail: [email protected].
7.4. The request to return the Goods of inadequate quality must be provided by the Customer or Third Person to the Seller in writing electronically to the e-mail address contact at kyivdelivery.com. The request can be compiled in a free form with the obligatory indication of the Customer’s contact information, matching with the one specified in the order, the names of the returned Goods, and the reason for the return. The customer has the right to specify all arisen questions to the Seller by phone: +38-067-7088480.
7.5. If a refund is involved, it will be made to the customer's bank account specified in the application, within 10 (ten) working days from the receipt of a "Statement of return of funds" by the Company.
8.1. All textual information and graphics contained on the websites https://kievdelivery.com or https://kyivdelivery.com are the property of the Seller and/or its suppliers and manufacturers.
8.2. Should you have any concerns or questions about copyrights – please do not hesitate to contact us.
9. Rights, Obligations, and Responsibilities
9.1. The Seller is not responsible for the misuse of the Goods ordered on the website. Claims for the quality of flowers and plants are accepted during the process of delivery.
9.2. The Seller has the right to transfer its rights and obligations under the execution of the Order to third parties.
9.3. The Seller has the right to exercise the recording of telephone conversations with the Customer. The Seller agrees to: prevent unauthorized access to information and/or transfer it to persons who have no direct relation to the execution of Orders; timely detect and suppress such facts. Telephone conversations are recorded in order to monitor the quality of Order execution.
9.4 The Customer is entitled to send all claims for improper order execution to the email address listed on the website https://kievdelivery.com or https://kyivdelivery.com, in the Contact Us section. All information received is processed as quickly as possible.
10. Force majeure
10.1. Upon the occurrence of force majeure, which party under this Contract is unable to foresee or prevent by reasonable measures, the period of performance of the obligations under this Contract shall be extended in proportion to the time during which such circumstances continue to persist, without compensation of any losses. The events of extraordinary character, in particular: flood, fire, earthquake, explosion, storm, subsidence, other natural phenomena, epidemics and war or hostilities, terrorist attacks, power surges, and other circumstances that led to the failure of any technical means of the parties.
10.2. The party experiencing the situation that makes it impossible to perform its obligations due to force majeure shall notify in writing the other side on the onset, of the alleged duration and termination of these circumstances immediately (but not later than five (5) business days).
10.3. In the event of a dispute about the time of onset, duration, and termination of the force majeure the decision of the competent authority at the location of the respective Party will be appropriate and sufficient proof of onset, duration, and termination of such circumstances.
10.4. The Party’s failure to notify or untimely notice of the start of force majeure deprives it of the right to continue to refer to it as the basis for exemption from responsibility for failure to perform its obligations hereunder.
11. Confidentiality and Data Protection
11.1. Providing data when registering on the Site the Customer agrees to receive advertising and informational mailing.
11.2. If the Customer is not willing that the data used in accordance with Section 8.1 hereof, they shall apply to the Seller via the feedback form on the site with the appropriate application.
11.3. Seller uses the information:
- for the distribution of advertising and informational materials;
- to meet its obligations to the Customer;
- for assessment and analysis of the Site performance.
11.4. The Seller agrees not to disclose the information received from the Customer.
11.5 Disclosure of information in accordance with the valid and applicable legal requirements is not considered a violation.
11.6. The Seller has the right to use “Cookies” technology (technology that allows a web server to send service information to the user’s computer and save it in the browser).
11.7. The Seller receives the ID information about the site guest’s device connected to the local network and/or Internet (IP address). This information is used for statistical purposes only and is not used to identify the guest.
11.8. The Seller is not responsible for information provided by the Customer on the Website in a public forum.