When placing the order, the Client sends personal contact details to the managers, which are kept in complete secrecy. Information is used exclusively for its intended purpose: to negotiate the terms of purchase with the customer. Recipient data is used by the courier and logistics service for a well-timed delivery of the order. One Rose provides complete privacy. Any information about the customer and the recipient is disclosed only with the permission of the Client and is not transmitted to the third person.
PUBLIC OFFER AGREEMENT
1. GENERAL CONDITIONS
1.1. The following text is a contract between the online service http://onerose.com.ua (the «Seller») and the user of the online service, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as the «Buyer».
1.2. This Agreement defines the conditions for the purchase of flowers and gifts (hereinafter referred to as the «Goods») by the Buyer through the Seller’s website.
1.3. The contract is public according to art. 633,641 of the Civil Code of Ukraine and is equivalent to «oral agreement» and has appropriate legal force.
1.4. The Agreement in accordance with art. 642 of the Civil Code of Ukraine is a full and unconditional acceptance of the terms of this offer, which confirms the conclusion of the Agreement on the proposed conditions and the fact that the Buyer has paid for the cost of the goods ordered on the online service website (or in another way).
1.5. In this offer, unless the context otherwise requires, the following terms have the following meanings:
«Online service» is the seller’s website created for entering into retail and wholesale purchase and sale agreements, after the Buyer has familiarized himself with the seller’s proposed Goods on the photographs by remote means.
«Seller» is an organization, regardless of its organizational-legal form and / or an individual – an entrepreneur who sells goods.
«Product» - products offered for sale and posted on the site http://onerose.com.ua.
«Buyer» - a citizen and/or a legal entity (FLP), who/that carry/carries out an order on the site http://onerose.com.ua
«Recipient» - a citizen and/or legal entity (FLP) who/that is/are determined by the Buyer and receives the ordered Goods.
«Accept» - a full and unconditional acceptance by the Buyer of the terms of the Agreement.
«Order» - the individual items from the assortment list of goods specified by the Buyer when making an application on the site.
2. THE SUBJECT OF CONTRACT
2.1. The Seller sells and delivers the Goods according to the current price list published on http://onerose.com.ua, and the Buyer pays for the Goods and accepts them in accordance with the terms of this Agreement.
3.1. Order formation
3.1.1. Orders are accepted through the site http://onerose.com.ua (phone, chat, Skype, Viber, posted on the site) day and night.
3.1.2. The cost of ordering flowers and gifts includes their delivery to the recipient and is not paid separately.
3.1.3. However, the Seller does not provide delivery services for any goods purchased from third parties.
3.1.4. If the order has been fully completed and paid for by the Buyer, its immediate acquisition occurs a few hours before the delivery time.
3.1.5. If the order was formed after 18.00 for delivery from «day to day», the possibility of such delivery is agreed with the manager.
3.1.6. When placing an order, the Buyer should specify his and the recipient's data as accurately as possible according to the order form provided by the Seller (Incorrect information of the recipient may interfere with the order at the time specified by the Buyer. In this case, delivery of the order is transferred to clarify the correct data of the recipient no later than 24 hours after payment of the Order by the Buyer.)
3.2. Order payment
3.2.1. A payment of the order means the consent of the Buyer to enter into this Agreement with the Seller.
3.2.2. The buyer pays the cost of the order under the Agreement, by transferring money to the account of the Seller. The date of payment is the day of receipt of funds on the account of the Seller.
3.2.3. Prices for any positions of the Goods listed on the site http://onerose.com.ua/ are valid at the time of the order. In case of changing the price of the ordered items of the Goods, the Seller is obliged to inform the Buyer as soon as possible. The buyer has the right to confirm or cancel the order. If the Buyer failed to inform the Buyer (there was no connection etc.) he/she has the right to cancel the unpaid order.
3.2.4. Orders are accepted for execution only after receipt of funds to the Seller’s account.
3.2.5. For a Buyer, who is registered on the seller’s website, the message about the payment of the order is sent to the email address that is specified during registration.
3.2.6. An unregistered buyer should contact the manager and confirm the payment of funds for the order by sending a photo/copy of the receipt to the email address firstname.lastname@example.org.
3.2.7. The Buyer additionally pays Payment system and terminal services.
3.3. Terms of delivery
3.3.1. When placing an order, the Buyer should clearly indicate the requirements of its delivery (One order can be issued for one date, time, address. If you need to congratulate several people at different addresses, or in different periods of time you need to arrange the corresponding number of orders at one address).
3.3.2. Delivery of the order is carried out by a prior agreement with the recipient on the phone number specified by the Buyer in the order.
3.3.3. Delivery without prior agreement with the recipient is carried out according to the specified data (address, time, name of the recipient etc.) in the order of the Buyer. (If the recipient is not at the specified address, the order is, if possible, transferred to third parties (relatives, colleagues, neighbors, concierge and others). If no one can receive the order (no one opens the door, neighbors don’t take it or the receiver doesn’t live or work to the address indicated) then the order is considered to be completed, payment is not refundable, and this order can be picked up within 24 hours at the seller’s store, if you tell its number).
3.3.4. Fast execution of the order «day to day», is carried out within 4 hours after payment of the order and in agreement with the recipient.
3.3.7. Delivery before 12.00 the next day is possible if the order was placed and paid before 18.00 of the previous day. Orders for today can be accepted until 18.00 Monday – Friday and until 16.00 on Saturday and Sunday.
3.3.8. The Buyer may make changes to the order no later than 4 hours before the time of delivery of the order. (If the order is already completed, it is impossible to cancel it. The buyer can issue and pay for a new order, while the previous one will be considered as delivered or at the request of the Buyer, may be forwarded to another recipient).
3.3.9. The photographing service of the recipient upon delivery is not guaranteed and is carried out if there is a technical capability at the time of delivery and with the consent of the recipient.
3.4. Execution of the order on holidays
3.4.1. Order fulfillment on holidays (New Year, February, the 14th, March, the 8th) (1 day before and 1 day after) occurs during the day. Exact delivery time is not guaranteed but the manager can take into account the wishes of the Buyer, on delivery in the morning, afternoon or evening. The final delivery time will depend on the workload of couriers on a holiday.
3.4.2. The deadline for confirmation of delivery on holidays is 2 business days, which is associated with a heavy load, that is, the buyer may not immediately receive notification of the completion of his/her order.
3.4.3. Photo report on holidays (1 day before and 1 day after) is not guaranteed.
3.4.4. Upon receipt of the order, the recipient is obliged to put a signature on the order form, which remains with the courier.
3.5. Surprise order
3.5.1. Surprise order, executed without a prior agreement with the recipient (when placing an order if the Buyer does not choose the option «call up with the recipient» then he guarantees that the recipient will be at the delivery address in the specified time period (at least 3 hours). In case of absence of the Recipient at the specified address and if it is impossible to deliver it to third parties (neighbors, colleagues, security, etc.), the order is considered to be completed.
4. TERM OF EXECUTION OF THE ORDER
4.1. The deadline for the order depends on the location of the recipient (3-4 hours within the city and outside the deadline is agreed with the manager), on the complexity of the order (the quantity of the Product and its stock availability at the seller’s warehouse) and on unforeseen events that do not depend on the Seller (accident, weather conditions, traffic jams etc.).
4.2. In case of improper execution of the delivery of the order due to the fault of the Seller (the order is not delivered on time, the order does not match the requirements of the buyer or the goods are not in the proper form), the order is repeated free of charge.
4.3. The order is considered to be delivered at the time of its transfer to the Recipient/Buyer.
4.4. The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the delivery of the order to the Recipient.
5. CREATING AN ORDER. REPLACEMENT OF ABSENT COMPONENTS
5.1. The seller creates an order in accordance with the requirements of the Buyer.
5.2. If the Seller does not have certain elements for placing an order for any reason (seasonality, lack of the desired kind/color), the Seller, in agreement with the Buyer, may make a replacement.
5.3. If a replacement is not agreed with the Buyer (there is no connection, a large time difference with the country of stay), the Seller can make a replacement at his own opinion (keeping the color gamut of the composition and attractive appearance) by notifying the Buyer in electronic form.
5.4. Replacement of floral and non-floral products may be carried out without coordination with the Buyer on holidays (New Year, February, 14th and March 8th (1 day before and 1 day after)).
5.5. Replacement of non-flower products (cakes, toys, bouquets of sweets, etc.) may be carried out in the opinion of the Seller, without a prior agreement with the Buyer for a similar product of the same price category.
5.6. If the toys, baskets and other goods look different comparing to the image on the merchant's website, this cannot be a defect and a reason for a refund or an order.
5.7. All informational materials presented on the site http://onerose.com.ua are for reference only and cannot fully convey accurate information about certain properties and characteristics of the product. (In case of any questions from the Buyer regarding the properties and characteristics of the Goods, before placing the order he needs to consult with managers or send a request to the site according to the usual order procedure).
6. RETURN OF GOODS, FUNDS. COMPENSATION
6.1. According to the Law of Ukraine «On Protection of Consumer Rights», the Civil Code of Ukraine and the Resolution of the Cabinet of Ministers of March, 19th, 1994 No. 172 «On the Implementation of Certain Provisions of the Law of Ukraine» and «On Protection of Consumer Rights», flowers and other gifts (children's soft toys, etc.) are not a subject to exchange or return.
6.2. Return of goods can be only if the Buyer, within 24 hours from the moment of receipt of the goods, complained to the Seller at email@example.com that the goods were damaged, providing the relevant confirming photos.
6.3. Complaints with an incorrect order number, containing obscene expressions and those that arrived later than 24 hours after receiving the order, are not considered.
6.4. In case of over-fulfillment of the order (replacement of the goods), the seller must return the damaged goods in the same form in which it was delivered.
6.5. The seller can refuse to deliver one more time, only if the recipient has personal reasons for the goods (allergy, taste, etc.).
6.6. If the recipient refused to accept gifts upon delivery, the Buyer will not have his/her money back for the order, as the order is completed.
6.7. In case of refusal of taking the gift by the recipient during the preliminary call, the Buyer can receive the paid funds for the given order, if it has not been created by the florists yet.
6.8. In other cases, the Seller considers complaints within 10 working days from the date of its receipt and informs the complainant about the results of the consideration in an electronic form.
6.9. If due to the fault of the seller the order is not fulfilled, the Buyer has the right to demand compensation, the amount of which cannot exceed the order price.
7. INTELLECTUAL PROPERTY. COPYRIGHT
7.1. The seller is the sole owner of the UFL Trademark, according to the Certificate of Ukraine No. 191476 of September 25th, 2014.
7.2. Paragraph 2, 4 of Article 16 of the Law of Ukraine «On the Protection of Rights to Marks for Goods and Services» establishes that the certificate gives its owner the right to use the sign and other rights defined by this Law.
7.3. According to Art. 20 of the Law of Ukraine «On the Protection of the Rights to Marks for Goods and Services» any encroachment on the rights of the owner of the certificate under Art. 16 of this Law, including performing actions requiring his consent and preparing to commit such actions without the consent of the owner of the certificate, is considered to be a violation of the rights of the certificate owner, which entails liability in accordance with the current legislation of Ukraine.
7.4. Violation of the rights of the certificate owner is also considered to be the use without his consent in the domain names, marks and designations specified in paragraph 5 of Article 16 of this Law.
7.5. For legitimate use of TM (applying it to any product for which a mark is registered (hereinafter referred to as a «product»), packaging containing such goods, a sign associated with it, a label, a patch, a tag or other object attached to the product, storage of such goods with the specified sign for the purpose of offering for sale, selling, importing and exporting, using it in business documentation or in advertising and on the Internet, including domain names) it is needed to get a permission (non-exclusive license) in Asnika TM.
7.6. If business entities have expressed a desire to use the TM in their activities, for permission to use it, they can send an email to firstname.lastname@example.org.
7.7. The seller is the owner of exclusive property copyrights for a number of photographic works, graphic images on the site and is their sole author. The seller uses photographic works by publishing on the site http://onerose.com.ua to illustrate goods and services.
7.8. Due to the presumption of originality of copyright objects, all photographic works are original, therefore they are protected by copyright without registrations and formalities since their creation in all countries of the world according to the Bern Convention for the Protection of Literary and Artistic Works 1886 and the Law of Ukraine «On Copyright and related rights» of 1993.
7.9. The subject of exclusive property copyright to photographic works may authorize the use of these works to third parties and prohibit their use, if such occurs without obtaining permission (license). The owner of the photos posted on the site http://onerose.com.ua gives a permission to use his photo only in the case when the photo will be posted back link to the source.
7.10. If other authors found the placement of their photographs on the site http://onerose.com.ua, all claims are accepted at email@example.com.
8. TERM OF CONTRACT. PROCEDURE FOR MAKING AMENDMENTS
8.1. Acceptance of the Offer by the Buyer is a confirmation of the contract conclusion on the terms of the Offer.
8.2. The Contract enters into force from the moment the Buyer pays for the order and is valid until the Seller fulfills its obligations under this Contract.
8.3. The seller has the right to make changes to the text of this contract at its discretion at any time and without a prior notice to the buyer. The current (valid) edition of the contract is always available on the website.
8.4. The Buyer agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes to the contract already in force between the Buyer and the Seller, and these changes to the Agreement enter into force with such changes in the Offer.
9.1. The Seller guarantees the confidentiality of information that the Buyer indicates during registration or when placing an order.
9.2. The Seller guarantees that personal data will not be used for personal gain, on third-party resources or for the distribution of spam.
9.3. When placing an order, the Buyer agrees to the processing of his personal data stored in the Seller’s database solely for identification of the Seller/Recipient with repeated orders and for their correct execution. If the Buyer refuses, the Seller will not be able to place the order accordingly.
10.1. The Seller bears all risks associated with loss or damage to the goods until it is transferred to the Buyer.
10.2. The Recipient or the one who accepts the goods at the time of the recipient’s absence bears all the risks associated with the loss or damage to the goods from the moment they are received.
10.3. The Seller has the right to transfer his rights and obligations to fulfill orders to third parties, not relieved from liability.
10.4. The Seller is not responsible for the improper use of goods by the Buyer ordered on the site http://onerose.com.ua/.
10.5. The liability of the Parties in other cases is determined in accordance with the legislation of Ukraine.
10.6. The parties agree that any disputes that could not be resolved through negotiations are resolved in accordance with the current Ukrainian legislation.
11. IMPLEMENTATION OF INTERNATIONAL ORDERS
11.1. The order for the purchase of goods for the World and the CIS is made out at least one day in advance.
11.2. When placing an order for the CIS and the World, it is necessary to take into account that the order will be executed in the time interval – from 10:00 to 21:00, taking into account the time of the country and the city. The Buyer can specify the lead time only as a wish. Delivery at this time is not guaranteed.
11.3. Required components in orders should be flowers. Additional goods (sweets, soft toys, balls etc.) can only be an addition to the bouquet. In the absence of additional products, the Seller reserves the right to deliver more flowers.
11.4. Due to the absence of certain floral components in a particular country (depending on the climate) or in the absence of them in a certain season, the Seller has the discretion to replace the components of the bouquet without breaking the color range.
11.5. The buyer have to specify the contact phone number of the recipient, the address with the index of the house or area. In case of absence of the phone number, the order is not guaranteed. In the absence of the recipient, the goods are transferred to third parties (relatives, colleagues, neighbors etc.).
11.7. If the Buyer has provided an incorrect address or the recipient is unavailable at that address, this may be a delay and/or non-fulfillment of the order. In this case, the delivery of the order is considered to be completed and the money is not returned.
11.8. In the absence of the recipient at the address specified by the Buyer, the Seller has the right to call the Recipient before delivery in case of need (if the delivery is a surprise then with the consent of the Buyer).
11.9. Almost in all countries of the world delivery on Sunday is impossible, so the order of the Buyer is automatically transferred to Monday.
11.10. The report on the implementation of the order comes to the email address of the Buyer within 2 working days from the date of the order.
11.11. The request for the status of the order (and other information about the order) is executed within 24-48 hours.
11.12. A photo at the time of delivery for the World is not available in the CIS – only on request and cannot be guaranteed.
IMPORTANT *** The moment of conclusion of this Agreement is considered the moment of the payment of the order.