Public offer to conclude a retail sale and purchase agreement
In this Public Offer, the following terms are used in the following meaning:
1. Terms and definitions
1.1. "Buyer" - any person (citizen, individual entrepreneur or legal entity) who, placing an order (hereinafter referred to as the "Order") for the purchase and delivery of "Flowers", information about which is posted on the "Internet Site", accepts (accepts) this public offer (offer) of the Seller on the conclusion of the Retail Sale Agreement.
1.3. "Acceptance of the Offer" - the full and unconditional acceptance of the Offer by the Buyer, by placing an Order on the "Internet Site" and paying for it.
1.4. "Internet site" - Online store https://flowers-in-moscow.com
1.5. "Agreement" - the Contract for the retail sale of Flowers, bouquets, gift baskets.
1.6. "Product" - designed in accordance with the requirements of the Buyer, using professional floristic skills, a combination of flowers and other plants, special packaging (including baskets, planters, ribbons, etc.), fruits, sweets, decor, soft toys, postcards and other media text, as well as additional gifts that are presented on the Internet site.
1.7. "Recipient" - persons specified by the Buyer accepting the delivered Flowers, Gift Baskets, soft toys.
1.8. "Order" - the Buyer's application for the purchase and delivery of the Goods, executed on the Seller's website, which contains information agreed by both Parties on the quantitative and qualitative characteristics of the Goods, as well as on the time and place of their delivery. The list of information to be agreed upon by the Parties to the Agreement when placing an Order is determined by clause 2 of the Offer. The Buyer can place an Order on the website of the online store or through the operator by calling the numbers indicated on the website, under the terms of this public offer. The Buyer, placing an Order for the purchase and delivery of the Goods, information about which is posted on the Website, accepts (accepts) this public offer (offer) of the Seller on the conclusion of the Retail Sale Agreement. The offer to conclude a Retail Sale Agreement is valid for any Flowers (and other Goods) (except for seasonal ones) for the entire period of time while information about the corresponding Flowers is posted on the Internet site.
From the moment of confirmation of the Order for the purchase and delivery of the Goods, executed in accordance with the rules posted on the Website, between the Seller and the Buyer, a Retail Sale Agreement has been concluded on the following:
2. Subject of the Agreement
2.1. The Seller undertakes to conclude the Agreement in accordance with the current price list and catalogs published on the Internet site, and organize the delivery of the goods to the Recipients, and the Buyer undertakes to pay for the Goods on the terms of this Agreement. The quantity and name of the Goods are determined by the Buyer's Order, executed in accordance with the rules posted on the Website.
2.2. The total amount of the Buyer's order (hereinafter referred to as the "Order Amount") includes the purchase price of the Goods, postcards and other related products, as well as the cost of delivery to the persons specified by the Buyer.
2.3. If the Buyer indicates, when placing an Order, remote delivery areas or rare types (seasonal) Flowers, the final price and other terms of the contract are agreed by phone or e-mail.
2.4. Goods are to be delivered to the Recipient at the address specified in the Order. The term of execution of the Buyer's order depends on the type of Goods (bouquets and flower arrangements, wedding bouquets, exclusive baskets), delivery conditions (delivery during business hours, delivery on holidays and pre-holiday days, delivery after hours), on the place of delivery, service area. A detailed description of the terms of delivery of the Goods to the Recipients is presented in the "Delivery" section.
2.5. When registering (placing) an Order on the Seller's website, the Buyer undertakes to provide the following registration information about himself and the Recipient of the Goods:
- last name, first name (in Russian), city, country, e-mail address, contact numbers;
- surname, name (in Russian) of the Recipient of the Goods, actual delivery address, contact numbers, wishes for delivery.
2.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order, including for the personal data specified by him.
2.7. The Seller has the right to involve third parties for the execution of Orders, while remaining responsible for their actions to the Buyer and the Recipient.
2.8. Separately, we draw your attention to the fact that it is desirable to place an order in advance - at least one day before the date of delivery. At the same time, if you need urgent delivery, you need to report this when placing an order, and then we will fulfill it on the day of the request. In addition, before placing an order, we recommend that you contact our manager who will answer all your questions and also advise on the availability of the Goods.
2.9. Work on holidays: March 6,7,8, February 13,14, Mother's Day, September 1. We do not deliver by the specified time, due to the large number of applications. These days we deliver within a day.
2.9.1. On holidays: March 6, 7, 8, February 13, 14, Mother's Day, September 1, in exceptional cases, the color of flowers in the bouquet can be changed without agreement with the client for timely delivery.
2.10. When placing an order in the online store, the Buyer agrees to the processing of his personal data (including last name, first name, patronymic, address of the subject of personal data) in accordance with Art. 3, Art. 9, art. 15 of the Federal Law "On Personal Data" dated July 27, 2006 for the purpose of sending out catalogs, information about promotions and special offers. The Buyer's consent to the processing of personal data is provided without limitation of its validity period.
2.11. The buyer, who indicated his mobile phone number when placing an order in the online store, by this action agrees to receive SMS mailings of advertising and information content by such mobile phone number.
3. Rights and obligations of the Parties
3.1.1. Arrange, with the involvement of third parties, the delivery and transfer of the Goods to the Recipient in accordance with the Order accepted for execution.
3.1.2. If the service “photo of gift delivery” is ordered, send a photo to the email address specified when placing the Order within 3 (three) business days from the date of delivery of the Goods. The Seller is released from obligations under the "photo of gift delivery" service if the Recipient refuses to take pictures.
3.1.3. In case of inadequate quality of the Goods, take actions to ensure the satisfaction of the Buyer's requirements related to the inadequate quality of the Goods: return all or part of the amount of money paid to the Buyer for the Goods, or arrange re-delivery to the Recipient of the Goods of good quality. After providing photos by the Buyer about the discrepancy between the quality of the goods.
3.1.4. After the transfer of the Goods to the Recipient, inform the Buyer about the completion of the execution of his Order by means of an SMS message or a call to the phone number or e-mail address specified by the Buyer when placing the Order. If within 3 (three) days after the Seller sends the Buyer a notification of the completion of the Order, the Buyer does not receive any objections, the Seller's obligations under this Agreement are considered fulfilled.
3.1.5. In case of refusal of the Recipient to accept the Goods or his absence at the place of delivery at the time agreed in the order, the person delivering the Goods is obliged to accept the Goods for safekeeping with the notification of the Buyer by phone or e-mail specified when placing the Order. The Buyer must independently receive the Goods accepted for safekeeping within 24 hours from the date of their acceptance for storage at the time and place specified by the Seller, unless a different period is agreed by the Parties, or agree on a new delivery time subject to payment of re-delivery in the amount of 500 rubles. within the city.
After the expiration of the specified period, the Contract is considered executed with a deduction of 50% (Fifty percent) of the cost of the Goods.
3.2. The seller has the right:
3.2.1. Withhold the full cost of the Order if the Buyer indicates a non-existent or incomplete address of the Recipient, except when, by agreement of the Parties, the Buyer pays for repeated delivery (in the amount of 500 rubles within the city) of the Goods to the specified address.
3.2.2. Deliver the Goods to an address different from that specified in the Buyer's Order, subject to the agreement of a new address and delivery time with the Recipient.
3.2.3. Refuse delivery without returning the paid Order Amount, or, by agreement of the Parties, receive from the Buyer an additional payment for the cost of delivery or the cost of the Goods, if the Buyer indicates the wrong location of the Recipient.
3.3. The buyer is obliged:
3.3.1. Make payment for the Order Amount before the delivery of the Goods to the Recipient in accordance with the terms of the Order placed by the Buyer. The Buyer has the right to pay for the ordered Goods by one of the following methods described in the "Payment for the Order" section at https://flowers-in-moscow.com
3.3.2. Reimburse the Seller for any additional costs incurred through the fault of the Buyer before the Seller fulfills its obligations.
4. Additional terms
4.1. This Agreement comes into force from the moment the Seller receives the Buyer's Order and is valid until the Parties fully fulfill the obligations stipulated by the Agreement and arising from it.
4.2. When placing an Order, the Buyer certifies that the terms of this Agreement and other conditions specified in the Internet site at http://videoflowers.ru/ At the time of conclusion of the Agreement are accepted by him without any objections and correspond to his actual will as the Buyer. When placing the Order, the Buyer understood the meaning of the terms, words and expressions used in this Agreement in accordance with their legal definition and (or) interpretation in accordance with the legislation of the Russian Federation.
4.3. What difficulties can arise when delivering gifts?
Some of the most common problems that may arise during the delivery of goods include the following:
In case of difficulties, the Contractor contacts the Buyer, and he names the time and address when and where it is more convenient for him to deliver the bouquet of goods. Re-delivery is paid additionally in the amount of 500 rubles. within the city (see clause 3.1.5.)
5. Composing a bouquet and replacing flowers
5.1. The bouquet (basket) that the Buyer has chosen in our catalog will be made by florists as similar as possible to the photo from the site. But we want to pay attention that all bouquets (baskets) are made by hand by florists, so there may be a slight deviation in shape from the photo presented on the site.
5.2. If the warehouse does not have the necessary flowers, fruits, and other components, which happens very rarely, our manager contacts the Buyer by phone specified in the application and offers options for replacing the goods.
5.3. In the event that we are unable to contact the Buyer by phone and e-mail, our florist composes a bouquet with the replacement of the missing goods with equivalent ones in quality and cost. At the same time, the color scale chosen by you is completely saved. This allows us to deliver the gift without delay.
5.4. If the order is urgent - "to the same day", and there are no components in stock, and delivery is needed immediately, our florists select similar, as similar as possible products and make a bouquet (basket) of them. In this case, the cost of the Goods remains the same, and it has the most similar design to the original.
5.5. If the Buyer, when placing an order, did not indicate the desired color of roses, tulips and any mono compositions, and it is not possible to contact him for any reason, then in order to complete the order on time, the bouquet is collected in the color scheme chosen by the florist.
RETURN AND EXCHANGE OF CUT FLOWERS AND POTTED PLANTS
Flowers are a living commodity. The relationship between the Buyer and the Seller shall be governed by the law of the Russian Federation.
In accordance with the Law of the Russian Federation "On Protection of Consumer Rights" dated February 7, 1992 No. 2300-1 (as amended on October 25, 2007) and Decree of the Government of the Russian Federation No. 55 dated January 19, 1998 (as amended on March 27, 2007) cut flowers and potted plants are non-returnable and non-refundable (listed in the List of Good Quality Non-Food Goods Not Refundable or Exchangeable).
The buyer of the online store has the right to refuse to receive the goods at the time of delivery if the goods are delivered of inadequate quality (based on clause 3 of article 497 of the Civil Code of the Russian Federation, article 21 of the Law "On Protection of Consumer Rights").
When paying for goods with a bank card, a refund is possible only to the card with which the transaction was made; after an electronic payment, it is impossible to issue a refund in cash. Terms of enrollment can vary from 3 to 40 working days, depending on the Bank.
Details of the Seller
Online store https://flowers-in-moscow.com
Tel. + 7 (925) 423-64-90
info@tflowerss.ru
metro station Paveletskaya/Novokuznetskaya/Tretyakovskaya, 1st Novokuznetsky lane, 5-7, Moscow