Public offer on the provision of services for the collection and delivery of flower arrangements
This document is a public offer of IP Shkut O.V. (hereinafter “Contractor") on the provision of services for the collection and delivery of Floral arrangements.
1. DEFINITIONS AND TERMS
1.1. For the purposes of this Offer, the terms are used in the following meaning:
Offer - this public offer for the sale and delivery of Floral arrangements, published on the Internet at https://butterfly-flower.us/
Publication - posting a document in the public domain on the Internet at the address specified in the Offer.
Order - a set of Flower arrangements, gifts ordered by the Recipient, as well as delivery services for them, after which the Offer Agreement is executed, the Service is provided in accordance with the order conditions agreed between the Contractor and the Buyer in the form of electronic documents. When placing an Order, the Contractor assigns a unique number to the Order.
Services - services for the collection of Floral arrangements and gifts provided for by the Order, as well as their delivery (if delivery is ordered by the Buyer), provided on the terms of this Offer.
Order Cost - the total cost of Flower arrangements, gifts included in the Order, as well as services for their collection and delivery. The cost of the Order is determined on the basis of the price list (prices) published in the online store on the day the Buyer pays the Order.
Acceptance of the Offer - full acceptance of the Offer by the Buyer by performing the actions specified in clause 6 of the Offer. After acceptance of the Offer, the Offer Agreement shall enter into force.
Buyer - an individual or legal entity that has carried out the acceptance of the Offer. The Customer of the Services is the Buyer, in accordance with the concluded Offer Agreement.
Flower arrangement - any flower, flower and fruit arrangement, bouquet or basket selected by the Buyer from the proposed assortment of products of the online store.
Offer Agreement - an agreement between the Buyer and the Contractor for the provision of Services, concluded through the acceptance of the Offer by the Buyer.
Online store - the Contractor’s website, located on the Internet at https://butterfly-flower.ru/
1.2. In this Offer, terms that are not defined in clause 1.1 of this Offer may apply. Then the interpretation of this term is based on the text of the Offer.
2. SUBJECT OF THE OFFER
2.1. The subject of the Offer is the provision of Services on the terms of this Offer, in accordance with the Order issued by the Buyer through the online store.
3. ORDERING PROCEDURE
3.1. To create an Order, the Buyer independently chooses the necessary Flower Arrangements, gifts and delivery terms in the Internet store and forms the Order, following the points indicated in the Internet store. After completing the Order, a letter is sent to the Buyer's email address with a description (composition and terms of execution) of the Order.
3.2. The order can also be placed by the manager of the online store by phone from the words of the Buyer. In this case, upon completion of the Order, a letter with the description of the Order is also sent to the Buyer's email address.
3.3. The buyer must reliably fill in all the fields of the Order form.
4. ORDER PERFORMANCE ORDER (PROVISION OF SERVICES). RIGHTS AND OBLIGATIONS OF THE BUYER AND THE EXECUTOR.
4.1. The Contractor undertakes to execute the Order (provide the Services) on the date and time interval specified in the Order, taking into account clause 4.2. An order is deemed to be executed at the time of the transfer of Flower arrangements, gifts to the Recipient of the order, as well as in other cases provided for in paragraph 4 of this Offer.
4.2. In case of high traffic in the city of delivery (7 points or more according to Yandex.Traffic service). The Contractor has the right to increase the delivery time and deliver the order later than the time interval specified in the Order, while notifying the Buyer about it. In this case, the Contractor is obliged to make every effort to fulfill the Order within the time period specified by the Order.
4.3. In case of ordering the “Exact Delivery” service, the Contractor undertakes to deliver the Order at the half-hour interval specified in the Order.
4.4. Delivery of the Order is carried out at the address indicated in the Order (hereinafter “Delivery Address”), and is transferred to the person specified in the Order (hereinafter “Recipient of the Order”).
4.5. If there is no order recipient at the delivery address or if it is not possible to contact him at the phone number specified in the order, the manager contacts the buyer to coordinate further actions:
4.5.1. Flower arrangements can be handed over to neighbors or relatives with a request to transfer it to the recipient of the order. At the same time, we record their contact details in the delivery form, and inform the Buyer about this, after which the delivery is considered completed (and the Order completed).
4.5.2. The courier can return the Flower arrangements to the salon and re-deliver for free at this address within 3 days from the delivery date provided for by the Order, provided that the delivery cost does not exceed the paid. If the cost of re-delivery exceeds the cost of the primary one, the Buyer is obliged to pay the difference to effect re-delivery.
4.6. In the event that Flower arrangements are returned to the salon, the Buyer has the right to pick them up from the salon independently within 3 days from the delivery date provided for by the Order.
4.7. If the recipient of the order is absent at the delivery address during re-delivery or it is impossible to contact him, the flower arrangements are returned to the salon, and the buyer has the right to pick them up within 3 days.
4.8. In the event that the Order could not be delivered for the reasons specified in paragraphs. 4.5 and 4.7, and the Buyer did not pick up the Flower Arrangements from the salon within 3 days from the delivery date provided for by the Order, the Order is considered executed.
4.9. If the recipient of the order is absent at the delivery address or cannot be contacted by the phone number specified in the order and the buyer cannot be contacted by the phone specified in the order, the courier has the right to transfer Flower arrangements to the recipient's neighbors or relatives with a request to transfer it to the recipient of the order. At the same time, we record their contact details in the delivery form, after which the delivery is considered completed (and the Order is executed).
4.10. The Buyer bears all risks associated with the loss or damage of the Flower arrangements from the moment it is received by the Recipient of the order.
4.11. The Contractor has the right to transfer its rights and obligations for the execution of Orders to third parties.
5. DRAWING FLOWER COMPOSITIONS AND REPLACEMENT OF FLOWERS
5.1. The flower arrangements that the Buyer selected in the catalog presented in the online store will be made by florists similar to the photographs in the catalog. In this case, a slight deviation in shape and size from the photographs presented in the catalog is possible.
5.2. In the event that there are no flowers necessary for collecting the Flower arrangement in the warehouse, the manager of the online store contacts the Buyer at the telephone number indicated in the Order and offers replacement options.
5.3. In the event that a replacement is required as part of the bouquet, and the Contractor fails to contact the Buyer by phone specified in the Order, the Contractor, in order to timely execute the Order, has the right to replace the missing flowers with equivalent ones in quality and cost, provided that the overall color scheme is preserved .
5.4. The buyer agrees that the purchased material due to natural origin may deviate from the color scheme of the samples. The parties agree that the Buyer will not have claims in such cases.
6. ORDER OF ACCEPTANCE OF OFFER AND PAYMENT FOR SERVICES (ORDER)
6.1. The buyer carries out the acceptance of the offer by making an advance payment of 100% of the cost of the order.
6.2. The Contractor accepts the Offer by sending the confirmation of the Order to the Buyer's email address specified in the Order, or verbally by the Buyer's phone number specified in the Order.
6.3. The Offer Agreement is considered concluded from the moment the Contractor accepts the Offer Acceptance by the Buyer and is valid until the Executor completes the Order, or until the termination (termination) of the Offer Agreement.
6.4. The Buyer can pay for Services (Order) in any way provided by the online store and not contrary to the legislation of the Russian Federation.
6.5. Services are paid by the Buyer at the time of receipt of funds in the account of the Contractor or the courier accepts cash.
6.6. By accepting this Offer, the Buyer confirms the accuracy of all the data specified in the Order, including (but not limited to) the composition of the Order, his contact details, contact details of the Recipient, delivery address, delivery date and time.
7. PROCEDURE FOR TERMINATION OF THE OFFER AGREEMENT. REFUND ORDER.
7.1. The Buyer may terminate the Offer Agreement in the event that the Contractor has violated the relevant Offer Agreement or the current legislation, as well as in accordance with paragraphs. 7.3 and 7.5.
7.2. The Contractor, at its discretion, including due to the inability to execute the Order, may at any time terminate the Offer Agreement, which must be notified to the Buyer. From the moment the Contractor sends a notice of termination of the Offer Agreement, this agreement is terminated, and the funds deposited by the Buyer for payment of the corresponding Order shall be refunded within 24 hours from the date of termination of the Offer Agreement. Refunds are made in the way the payment was made.
7.3. In accordance with paragraph 4. Article. 26.1 of the Law of the Russian Federation No. 2300-I "On Protection of Consumer Rights", the Buyer has the right to refuse the Goods at any time before the execution of the Order, unless the Order is individual and the production process of this Order has already been launched.
7.4. The Buyer is not entitled to refuse the paid Order (or part thereof) of appropriate quality, having individually defined properties: by color and configuration, by size, shape, etc. In accordance with paragraph 2 of the List of Non-Food Products of Good Quality, not subject to return or exchange for similar goods of other sizes, shapes, dimensions, styles, colors or configurations ”, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55, such goods are not subject to return and exchange. Funds paid as payment for the Order in this case are not returned to the Buyer.
7.5. In case of cancellation of the paid Order by the Buyer for objective reasons (improper quality of the goods, delivery was not made due to the fault of the Contractor, damage to the goods upon delivery by the Contractor), the funds paid to pay for the Order shall be returned within 5 working days from the date of cancellation of the order . Refunds are made in the way the payment was made.
8. CHANGE OF TERMS AND DURATION OF THE OFFER
8.1. The Offer comes into force from the moment it is posted on the Internet at https://butterfly-flower.us/ and is valid until the Offer is withdrawn by the Contractor.
8.2. The Contractor reserves the right to change the conditions of the Offer or withdraw the Offer at its sole discretion.
9. DETAILS OF THE CONTRACTOR
IP Shkut Olga Vladimirovna
+7 921 913 10 50
Actual address: Russia, 190000, St. Petersburg, Kremenchugskaya Str. 13k2