PUBLIC AGREEMENT (OFFER)
This agreement is the official offer of the Seller to enter into a contract of sale of the Goods presented on the website https://shop.camellia.ua
This agreement is public, ie 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 concluding this Agreement, the Buyer fully accepts the terms and conditions of the Order, payment for the Goods, delivery of the Goods, return of the Goods, liability for unscrupulous orders and all other terms of the contract.
The contract is considered concluded from the moment of clicking the "Confirm order" button on the ordering page in the "Cart" section and receiving by the Buyer from the Seller confirmation of the order in electronic form.
Definition of terms
• Public offer - a public offer of the Seller addressed to an indefinite number of persons to enter into a contract of sale of the Goods with the Seller remotely (hereinafter - the "Agreement") on the terms contained in this Offer, including all Annexes.
• Order - a properly executed request of the Buyer for the purchase and delivery of Goods selected on the Site.
• Online store - an Internet site located on the Internet at https://shop.camellia.ua where the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of Goods to Buyers are presented.
• User - an individual, a visitor to the Site, who accepts the terms of the agreement and wants to place an Order on the website https://shop.camellia.ua
• Buyer - the User who placed the Order on the website https://shop.camellia.ua in order to purchase the Goods for personal use.
• Seller - a legal entity or natural person-entrepreneur, whose goods are placed in the online store https://shop.camellia.ua. The seller is a Ukrainian business entity. The goods are sold from the Seller's stores located in Ukraine.
• Goods - flower products and other goods presented for sale on the Seller's Site.
• Recipient - a person specified by the Buyer as the recipient of the Order.
• Website - https://shop.camellia.ua
1. The seller sells goods through the online store at https://shop.camellia.ua
2. By ordering the Goods through the Online Store, the Buyer agrees to the terms of sale of the Goods set out below. In case of disagreement, the Buyer is obliged to immediately stop using the service and leave the site https://shop.camellia.ua
3. The terms of the public offer may be changed by the Seller unilaterally. The new version of the agreement comes into force from the moment of its publication on the Site, unless otherwise provided.
4. Acceptance of this Agreement is the payment by the Buyer, in full or in part, of the cost of the relevant Order. 5. By notifying the Seller of his e-mail and telephone number, the Buyer agrees to the use of these means of communication by the Seller, as well as third parties involved by him for the purposes of fulfilling obligations to the Buyer, in order to send advertising and information, containing information on discounts, future and current promotions and other activities of the Seller, the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations by the Seller under the Public Offer. By placing the Order, the Buyer agrees that the Seller may entrust the performance of the Agreement to a third party, while remaining responsible for its implementation.
2. Subject of the agreement
1. The subject of the Agreement is to allow Users of the site to buy for personal, family, home and other needs not related to business activities, Goods presented in the catalog of the online store at https://shop.camellia.ua
2. This Agreement applies to all types of Goods and services presented on the Site, as long as such offers with a description are present in the catalog of the Online Store with the appropriate confirmation of availability from the Seller.
3. Registration on the site
1. Registration on the Site is carried out using the pop-up window "Registration".
2. Registration on the Site is not required for ordering.
3. The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration. 4. The User undertakes not to disclose to third parties the login and password specified by the User during registration. In case the User suspects the security of his login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Seller by sending an email to: [email protected]
5. Communication of the User / Buyer with managers and other representatives of the Seller should be based on the principles of common morality and communication etiquette. The use of obscene words, swearing, abusive expressions, as well as threats and blackmail is prohibited, regardless of in what form and to whom they were addressed.
4. Making an order
1. The price for each item of the Goods is indicated on the website of the Online Store.
2. The accompanying photographs of the Goods are simple illustrations to them and may differ from the actual appearance of the Goods. The accompanying characteristics (description) of the Goods do not claim to be exhaustive and may contain typographical errors. To clarify the information on the Goods, the Buyer must contact the Seller's Support Service by phone or e-mail specified on the site.
3. The information presented on the Site is updated every 24 hours.
4. In case of detection of absence of the Goods ordered by the Buyer after ordering, the latter has the right to exclude the specified Goods from the Order (cancel the Buyer's Order), notifying the Buyer by sending an e-mail to the address specified by the Buyer at registration or by calling the Seller's manager. Goods.
5. The Buyer is fully responsible for providing false information, which has led to the impossibility of proper performance by the Seller of its obligations to the Buyer.
6. In case of cancellation of the Order by the Seller in full or in part, the value of the canceled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid for. 7. The date of transfer of the Goods may be changed by the Seller unilaterally if there are reasons that prevent the previously agreed date of transfer of the goods.
8. When purchasing the Goods on the site in the catalog of piece flowers, Orders are accepted in the number of flowers not lower than the minimum order specified on the site for the relevant item of the Goods.
9. The seller does not give any guarantees regarding the delivery of SMS and e-mail messages.
10. When placing an order marked "Self-pickup" and without 100% of its payment through the site, the time for placing an order before delivery to the Buyer after his arrival at the point of issue is 10-20 minutes, in the absence of a queue in the store. The Seller withdraws the reserve of the uncollected Goods by "Self-pickup" in 30 minutes from the agreed time of delivery of the Goods.
11. The Seller reserves the right, without the consent of the Buyer, to make changes to the ordered flower arrangement / bouquet that generally do not affect the style, shape and color scheme and do not reduce the value of the flower arrangement / bouquet.
12. On days of mass demand for the Goods (International Women's Day: March 7-9, Valentine's Day: February 13-15, Mother's Day, etc.), the Seller reserves the right to individually change the delivery time agreed in the orders.
5. Delivery of the order
1. The date and place of delivery of the Goods are agreed by the parties in the Order. Delays in delivery of the Goods are allowed due to unforeseen circumstances (weather conditions, road accidents, etc.) that occurred through no fault of the Seller.
2. The territory of delivery of the Goods presented on the Site is limited by the borders of Kyiv region.
3. Upon delivery, the Order is delivered to the Buyer or the person specified in the order as the recipient of the Goods (hereinafter "the Recipient"). At the instruction of the Buyer, the Order may be delivered to another person.
4. To avoid cases of fraud, when delivering the Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt to the Order.
5. The risk of accidental death or accidental damage to the Goods passes to the Buyer from the moment of transfer of the Order to him.
6. The cost of delivery for each Order is calculated according to the Delivery and Payment section, and is indicated on the Site when choosing a delivery point during the ordering process or communicated by the manager when agreeing on the Order.
7. Upon acceptance of the Order, the Buyer is obliged to inspect the delivered Goods and check them for compliance with the declared quality, range and completeness of the Goods. In the absence of claims to the delivered Goods, the Buyer accepts the Goods and pays for it, if it has not been prepaid. Acceptance of the Goods indicates that no claims have been made against the Goods from the Buyer and the Seller has fully and properly fulfilled its obligation to transfer the Goods of the proper quality in the appropriate quantity and according to the Order.
8. If at the time of delivery of the order, the Goods do not comply with the Order or the Buyer has reasonable claims against the Goods - the Buyer has the right to replace the delivered Goods or refuse the Order.
9. If at the agreed time / date of delivery to the agreed address the Buyer / Recipient is absent or refuses to accept the Goods, the Order is considered executed by the Seller properly and on time.
10. The time of stay of couriers delivering the Goods to the address agreed in the Order is limited to 10 minutes.
11. When choosing the service "Delivery on time", within the established delivery periods, it is carried out with an interval of +/- 15 minutes from the time selected by the Buyer.
12. The buyer understands and agrees that:
12.1. Delivery - a separate service, the completion of which ends at the time of receipt by the Recipient of the Goods and payment for it, and may differ from the terms specified on the site or agreed with the manager for reasons beyond the control of the Seller.
12.2. The Seller's Goods belong to the category of perishable goods and the Buyer is obliged to carefully check the quality and conformity of the Order at the time of its acceptance and not to accept the Goods for which there are claims. By accepting the Goods, the Buyer confirms the execution of the Order by the Seller, qualitatively and on time.
12.3. Since the Seller's Goods (flower products) require compliance with the relevant conditions for maintaining its quality and properties, and compliance with these conditions after acceptance of the Goods rests solely with the Buyer, the Seller cannot be held liable for deterioration, damage or other defects after delivery to the Buyer.
12.4 The Seller is not responsible for the failure of money transfer systems or Internet (non-cash) payment systems, but will do everything in its power to assist the Buyer in solving this problem.
6. Payment for goods
1. The amount of the order consists of the value of the ordered goods. The price of the Goods is indicated on the Site. The price of the Goods on the Site may be changed by the Seller unilaterally. Thus the price for the Goods ordered by the Buyer is not subject to change. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about it and agrees with him the new price or cancels the Order.
If it is impossible to contact the Buyer, this Order is considered canceled.
2. Payment for the Goods on the site is made by the Buyer in non-cash funds using bank cards or payment system when placing an Order. Payment in cash is possible upon receipt of the Order "self-pickup" at the point of delivery of the Goods.
3. In case of payment of the Order by non-cash method, it is possible to write off the additional commission by the issuing bank.
4. The Seller has the right to provide discounts on Goods and set a bonus program. Types of discounts, bonuses, order and conditions of accrual are determined by the Seller independently and specified on the Site and may be changed by the Seller unilaterally.
5. The Seller keeps statistics of orders placed by the Buyer. The Seller has the right to unilaterally determine the methods of payment, terms of delivery or return available to the relevant Buyer, based on statistics of actions taken by the Buyer in relations with the Seller.
7. Settlement of Disputes
1. After receiving the Order, claims to external defects of the Goods, their quantity, completeness, quality and appearance are not accepted.
2. In order to improve the service and maintain the image of the company, the Seller reserves the right to consider reasonable complaints of Buyers in the following order:
The Buyer sends a complaint within 3 hours after receiving the Order through the feedback form on the site https://shop.camellia.ua or sends it to the mail [email protected]
, indicating the order number, date of purchase/delivery, photos. Anonymous complaints with incorrect Order number or incorrect data, as well as complaints containing profanity, are not considered. The Buyer's complaint is reviewed within seven calendar days, after which the Seller provides the Buyer with a response. 3. Complaints about the quality of the Goods must contain photos taken no later than 3 hours after delivery. Photographs taken later are considered at the discretion of the Seller.
8. Return of Goods and Cash
1. The Buyer has no right to refuse the Goods which were made or processed to his order, ie if the goods cannot be sold to other persons or can be sold only with essential financial losses for the Seller.
2. The exchange of goods of proper quality is carried out if it has not been used and if its marketable appearance, consumer properties are preserved. If it is impossible to exchange the Goods, the parties may agree to return it, provided that the Buyer retains the appearance and consumer properties of the Goods.
3. Terms and conditions of exchange / return of the Goods are agreed by the Seller and the Buyer in compliance with the terms of this agreement.
4. Reasonable claims for refund of the amount paid for the goods shall be satisfied within 30 days from the date of presentation of the relevant claim (paragraph 4 of Article 12 of the Law of Ukraine "On Consumer Protection").
5. In case of payment of the Order by non-cash method, the refund is made by returning the value of the paid Goods to the bank card with which the Goods were paid.
6. Refunds received by the Seller through the acquiring system of the site are made on the same card of the Buyer from which the Order was paid, within 30 days from the date of the request for a refund.
1. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations that occurred as a result of providing the Buyer with inaccurate or erroneous information.
3. The Seller is not liable for damage caused to the Buyer as a result of improper use of the Goods purchased in the Online Store.
4. The seller is not responsible for the content and operation of external sites.
5. The Seller is not responsible for defects of the Goods, if they arose after its transfer to the Buyer, as well as due to violation by the Buyer of the rules of use or storage of the Goods (paragraph 12.6 of this agreement), actions of third parties or force majeure.
6. In case of claims from the Buyer, he may contact the Seller by phone or other available means. Disputes between the parties are resolved through negotiations.
7. The parties are released from obligations under this agreement due to force majeure, which they can’t influence in any way, and these circumstances are confirmed by the relevant authorities. In case of force majeure for more than a month, the parties have the right to refuse to perform this agreement without any compensation.
10. Confidentiality and information protection
1. By providing his personal data when registering on the Site, the Buyer agrees to their processing by the Seller, including for the purpose of promoting the Seller's goods and services. The Buyer's personal data are processed in accordance with the Law of Ukraine of June 1, 2010 № 2297-VI "On Personal Data Protection".
2. Personal data are collected solely for the purpose of complying with the requirements applicable to the regulation of tax relations, relations in the field of accounting and relations in the field of advertising.
3. The Seller has the right to send information, including advertising messages, to the e-mail and mobile phone of the Buyer. The buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.
4. The seller has the right to use the "Cookies" technology. Cookies do not contain confidential information and are not passed on to third parties.
5. The Seller is not responsible for the information provided by the Buyer on the Site in a publicly available form.
6. The Seller has the right to record telephone conversations with the Buyer to improve the quality of service.
11. Term of the contract
1. The Public Offer enters into force from the moment of its acceptance by the site visitor - the Buyer, and is valid until the moment of withdrawal of acceptance of the Public Offer or its full execution.
1. The Seller has the right to transfer the rights and obligations or assign the right of claim arising from its relationship with the Buyer to third parties.
2. Online store services may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons. The Technical Service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to Buyers.
3. The provisions of the legislation of Ukraine shall apply to the relations between the Buyer and the Seller.
4. Recognition by a court of invalidity of any provision of this agreement does not entail invalidity of other provisions.
6. Rules of care for the Goods (roses) to prolong their life in weight can be read in our article.
Name and details:
Legal address: 02002, Kyiv, street Mykilsko-Slobidska, house 2-B