Return policy and public contract
Public offer agreement
Hereunder, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement – the Buyer, on the other hand, hereinafter jointly referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is the Seller’s official public offer to conclude a contract of sale of the Goods with the Buyers, the photos of which are posted in the relevant section of the Website https://flowersbukovel.com.ua/.
Sellers who intend to sell the Goods through the Website https://flowersbukovel.com.ua/ and Buyers who purchase the Goods whose images are posted on the relevant pages of https://flowersbukovel.com.ua/ accept the terms of this Agreement as follows.
GENERAL PROVISIONS
1.1 The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the “ORDER” button on the page of the Website https://flowersbukovel.com.ua/ in the relevant section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has undertaken to fulfill the terms of the Public Offer Agreement specified below.
1.2 The Public Offer Agreement is public, i.e., in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms and conditions are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). In case of full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.
1.3 This Agreement shall enter into force upon clicking on the “ORDER” button, by which the Buyer agrees to purchase the Goods available from the Seller and shall be valid until the Buyer receives the Goods from the Seller and makes full payment to the Seller.
1.4 To regulate the contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international agreement, ratified by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
“Public Offer Agreement” – a public agreement, a sample of which is posted on the Website https://flowersbukovel.com.ua/ and the application of which is mandatory for all Sellers, which contains the Seller’s offer to purchase the Goods, the image of which is posted on the Website https://flowersbukovel.com.ua/, directed to an indefinite number of persons, including Buyers.
“Acceptance” – acceptance by the Buyer of the Seller’s offer to purchase the Goods, the image of which is posted on the Website https://flowersbukovel.com.ua/, by adding it to the virtual basket and sending the Order.
“Goods” – a trade item (product, model, accessory, components and related items, any other trade items), for the purchase of which the Seller’s offer is posted on the Website https://flowersbukovel.com.ua/.
“Buyer” means any legally capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who has visited the Website https://flowersbukovel.com.ua/ and intends to purchase a particular Product.
“Seller” means any legally capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who owns or distributes the Goods and intends to sell them through the Website https://flowersbukovel.com.ua/.
“Order” means a duly executed and posted on the Website https://flowersbukovel.com.ua/ application of the Buyer for the purchase of the Goods addressed to the Seller.
“Legislation” – the rules established by Ukrainian or international legislation for the regulation of contractual relations under the Agreement.
“Significant defect of the Goods” – a defect that makes it impossible or unacceptable to use the Goods in accordance with their intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it manifests itself again for reasons beyond the consumer’s control.
SUBJECT OF THE CONTRACT
3.1 The Seller undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of the Order placed by the Buyer on the relevant page of the Website https://flowersbukovel.com.ua/, and the Buyer undertakes to purchase the Goods and pay for them on the terms and in the manner specified in this Agreement.
3.2 The Seller warrants that the Goods are not pledged, are not subject to a dispute, are not under arrest, and are free from any rights of third parties.
3.3 The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of bad faith.
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