PUBLIC OFFER AGREEMENT
1. GENERAL PROVISIONS
1.1. This legal document is a result of an agreement between the online service https://sunrose.com.ua/ (hereinafter referred to as the "Seller") and any service user who may act as an individual, legal entity, or individual entrepreneur, hereinafter referred to as the "Buyer".
1.2. This legal act regulates all aspects of purchasing flowers and gifts (hereinafter referred to as the "Goods") by the Buyer through the Seller's website.
1.3. This Agreement is a public contract, in accordance with the requirements of articles 633 and 641 of the Civil Code of Ukraine, and has full legal force, equivalent to an oral agreement.
1.4. Acceptance of the terms of this offer (proposal), which confirms the conclusion of the Agreement, is considered unconditional when the Buyer pays for the ordered Goods through the website of the online service (or by other means).
1.5. In this offer, unless the context requires otherwise, terms have the following meanings:
"Online service" - the Seller's website for conducting retail and wholesale purchase-sale transactions after virtual inspection of photographs of the Goods.
"Seller" - an organization or individual entrepreneur who sells the Goods.
"Goods" - the range of products presented for sale on the website https://sunrose.com.ua/.
"Buyer" - a citizen or legal entity (individual entrepreneur) who places an order on the website https://sunrose.com.ua/.
"Recipient" - a person designated by the Buyer to receive the ordered Goods.
"Acceptance" - full and unconditional acceptance of the Agreement's terms.
"Order" - specific items from the Goods range, indicated by the Buyer when submitting an application on the website.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller sells the Goods according to the current price list published on the site https://sunrose.com.ua/, and the Buyer makes payment and receives the Goods in accordance with the terms of this Agreement.
3. ORDERING PROCEDURE
3.1. Placing an order
3.1.1. Ordering through the website
3.1.1.1. The Buyer has the opportunity to place orders using the website https://sunrose.com.ua/ 24/7. In addition, our customers can use other communication methods such as phone, chat, Skype, Viber, which are available on our website.
3.1.2. Delivery terms
3.1.2.1. The cost of delivering flowers and gifts to some cities includes delivery to the recipient and is paid together with the order. In other localities, the delivery cost is calculated separately.
3.1.3. Assembly and preparation for delivery
3.1.3.1. After the complete formation and payment of the order by the Buyer, the products are immediately assembled and prepared for delivery a few hours before the designated time.
3.1.4. Arranging evening delivery on the same day
3.1.4.1. An order placed after 18:00 for "same-day delivery" can be carried out by prior arrangement with the manager.
3.1.5. Accurate delivery data
3.1.5.1. When placing an order, the Buyer is required to provide accurate and complete information about themselves and the recipient according to the order form provided by the Seller. Incorrect information can affect the timeliness and accuracy of delivery. In the case of incorrect recipient data, delivery is postponed until the information is clarified.
3.2. Order payment procedure
3.2.1. Payment terms and consent
3.2.1.1. Payment for the order confirms the Buyer's consent to enter into this Agreement with the Seller.
3.2.2. Payment method
3.2.2.1. The Buyer makes payment for the order according to the terms of the Agreement, by transferring funds to the Seller's bank account. The date of crediting funds to the Seller's account is considered the date of payment.
3.2.2.2. The Buyer also has the option of online payment through integrated payment systems on the Seller's website. In this case, the date of crediting funds to the Seller's account is determined at the moment of successful transaction.
3.2.3. Pricing policy
3.2.3.1. Prices for all items of Goods, indicated on the website https://sunrose.com.ua/, are current at the time of placing the order. In case of price changes for the ordered goods, the Seller undertakes to inform the Buyer as soon as possible. In this case, the Buyer has the right to confirm or cancel the order.
3.2.3.2 In case it is impossible to notify the Buyer (no communication, etc.), the Seller has the right to cancel the paid or unpaid order.
3.2.4. Payment confirmation
3.2.4.1. The order is considered accepted for execution only after crediting funds to the Seller's account.
3.2.5. Buyer notification
3.2.5.1. The Buyer receives notification of the order payment by email, which was specified during the ordering process.
3.2.6. Payment to the bank account
3.2.6.1. The Buyer must contact the manager to confirm payment by sending a photo or copy of the receipt.
3.3. Order delivery terms
3.3.1. Delivery requirements
3.3.1.1. When placing an order, the Buyer must clearly define its delivery terms. One order can be intended for one address, date, and time. To greet several people at different addresses or at different times at one address, the corresponding number of orders should be placed.
3.3.2. Prior agreement for delivery
3.3.2.1. Order delivery is carried out by prior arrangement with the recipient, using the phone number provided by the Buyer when placing the order.
3.3.3. Delivery without prior agreement
3.3.3.1. Delivery without prior agreement with the recipient is carried out according to the data specified in the order. In case the recipient is absent at the specified address, the order can be handed over to third parties (relatives, colleagues, neighbors, etc.). If the order is not handed over to anyone, it is considered executed and the payment is not refunded. The order can be picked up at the Seller's store within 24 hours.
3.3.4. Terms of fast order delivery
3.3.4.1. The "same-day" order is executed within 2-3 hours after its payment and agreement with the recipient.
3.3.5. Delivery by 10:00 the next day
3.3.5.1. Morning delivery the next day is possible if the order was placed and paid for before 19:00 the previous day. Orders for today are accepted until 19:00.
3.3.6. Making changes to the order
3.3.6.1. The Buyer can make changes to the order no later than 4 hours before the delivery time. If the order is already assembled, it cannot be canceled. The Buyer can place and pay for a new order, while the previous one is considered delivered or can be redirected to another recipient.
3.3.7. Photo shooting service
3.3.7.1. The service of photographing the recipient at the time of delivery is not guaranteed and is carried out if there is technical possibility at the time of delivery and only with the consent of the recipient.
3.4. Execution of orders on holidays
3.4.1. Holidays
3.4.1.1. Execution of orders on holidays (New Year, February 14, March 8 - 1 day before and 1 day after) is carried out throughout the day. The delivery time may take into account the Buyer's wishes regarding morning, daytime, or evening delivery, but the exact time is not guaranteed due to the possible workload of couriers and florists.
3.4.2. Confirmation terms and photo report
3.4.2.1. The term for confirming delivery on holidays is 2 working days, associated with heavy workload. The photo report on holidays (1 day before and 1 day after) is not guaranteed.
3.4.3. Recipient's signature
3.4.3.1. Upon receiving the order, the recipient is required to sign the order form, which remains with the courier.
3.5. Surprise order
3.5.1. Surprise delivery
3.5.1.1. Surprise delivery is carried out without prior agreement with the recipient. The Buyer, indicating the option "do not call the recipient", guarantees that the recipient will be present at the delivery address during the specified time interval (minimum 3 hours). If the recipient is absent or it is impossible to hand over the order to third parties, the order is considered executed.
4. ORDER FULFILLMENT TIMEFRAME
4.1. Fulfillment time
4.1.1. The order fulfillment time depends on the location of the recipient. Within the city, delivery is carried out within 3-4 hours, while delivery outside the city is coordinated with the manager. Factors affecting delivery times include the complexity of the order (quantity of goods, availability at the Seller's warehouse) and unforeseen events beyond the Seller's control (accidents, weather conditions, traffic jams, etc.).
4.2. Delivery responsibility
4.2.1. In the case of improper fulfillment of the delivery due to the Seller's fault (late delivery, non-compliance with the buyer's requirements, or goods in unsatisfactory condition), the order will be executed again free of charge.
4.3. Delivery moment
4.3.1. An order is considered delivered at the moment it is handed over to the Recipient/Buyer.
4.4. Agreement validity
4.4.1. The agreement between the Seller and the Buyer is effective from the moment of its conclusion until the order is handed over to the Recipient.
5. ORDER CREATION. REPLACEMENT OF MISSING COMPONENTS
5.1. Order formation
5.1.1. The Seller forms the order according to the Buyer's requirements.
5.2. Replacement of missing elements
5.2.1. In the event of missing specific elements for the order (due to seasonality or lack of a specific variety/color), the Seller may propose a replacement agreed upon with the Buyer.
5.2.2. If it is impossible to agree on a replacement due to a lack of communication with the Buyer or a significant time difference in their location, the Seller may make a substitution of their choice, maintaining the color scheme and appearance of the composition, and inform the Buyer electronically.
5.3. Replacement on holidays
5.3.1. On holidays (New Year, February 14, and March 8 (1 day before and 1 day after)), the replacement of floral and non-floral products can be carried out without the Buyer's agreement.
5.4. Replacement of non-floral products
5.4.1. The replacement of non-floral products (cakes, toys, candy bouquets, etc.) can be carried out by the Seller without prior agreement with the Buyer for a similar product in the same price category.
5.5. Appearance of Goods
5.5.1. If the appearance of toys, baskets, and other goods differs from the images on the Seller's website, this cannot be a basis for a refund or re-fulfillment of the order.
5.6. Information materials
5.6.1. All informational materials on the website https://sunrose.com.ua/ are for reference purposes and may not fully convey accurate information about the properties and characteristics of the goods. It is recommended to consult with managers or ask questions through the standard order procedure before placing an order.
6. RETURN OF GOODS, FUNDS, AND COMPENSATION
6.1. Limitations on returns and exchanges
6.1.1. According to the Law of Ukraine "On Consumer Rights Protection", the Civil Code of Ukraine, and the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172 "On the implementation of certain provisions of the Law of Ukraine 'On Consumer Rights Protection'", flowers and other gifts (children's soft toys, etc.) are not subject to exchange or return.
6.2. Return conditions
6.2.1. The return of goods is possible if the Buyer submits a complaint to the Seller about the damage to the goods within 24 hours of receiving them, providing relevant confirming photographs.
6.2.2. Complaints with incorrect order numbers, obscene expressions, or those submitted later than 24 hours after receiving the order are not considered.
6.3. Conditions for re-execution of Order
6.3.1. In case of re-execution of the order (replacement of goods), the Buyer must return the damaged goods in the same condition as they were delivered.
6.3.2. The Seller may refuse re-execution if the recipient has personal reasons related to the goods (allergies, dislikes, etc.).
6.4. Refusal of gifts
6.4.1. If the recipient refused to accept gifts upon delivery, payment for the order is not refunded, as the order has already been executed.
6.4.2. The Buyer may receive a refund for the order if the recipient refused the gift during a prior call, and the order had not yet been created by florists.
6.5. Complaint review
6.5.1. The Seller reviews complaints within 10 business days and informs the Buyer of the results electronically.
6.6. Compensation for unfulfilled Order
6.6.1. If the order was not executed due to the Seller's fault, the Buyer may demand compensation, which cannot exceed the amount of the order.
7. TERM OF THE AGREEMENT. PROCEDURE FOR MAKING CHANGES
7.1. Conclusion of the agreement
7.1.1. Acceptance of the Offer by the Buyer is confirmation of the conclusion of the Agreement under the terms of the Offer.
7.2. Term of the agreement
7.2.1. The Agreement becomes effective from the moment the Buyer pays for the order and remains in effect until the Seller has fully performed its obligations under this Agreement.
7.3. Making Amendments to the agreement
7.3.1. The Seller reserves the right to make changes to the text of this Agreement at its own discretion at any time without prior notice to the Buyer.
7.3.2. The current (effective) version of the Agreement is always available on the Seller's website.
7.4. Changes in the agreement
7.4.1. The Buyer agrees and acknowledges that changes to the Offer lead to the incorporation of these changes into the already concluded Agreement between the Buyer and the Seller.
7.4.2. Changes in the Agreement become effective simultaneously with changes in the Offer.
8. CONFIDENTIALITY
8.1. Maintaining secrecy
8.1.1. The Seller guarantees the confidentiality of the information provided by the Buyer during registration or when placing an order.
8.2. Use of personal data
8.2.1. The Seller guarantees that the personal data of the Buyer and the Recipient will not be used for self-serving purposes on third-party resources.
8.3. Processing of personal data
8.3.1. By placing an order, the Buyer consents to the processing of their personal data, which is stored in the Seller's database. This processing is carried out exclusively for the identification of the Buyer/Recipient in repeat orders and for their correct execution.
8.3.2. If the Buyer refuses to consent to the processing of personal data, the Seller will not be able to effectively process the order.
9. LIABILITY
9.1. Risks and transfer of Goods
9.1.1. The Seller bears all risks associated with the loss or damage of goods until they are transferred to the Buyer or the Recipient.
9.2. Risks and acceptance of Goods
9.2.1. The Recipient or the person who accepted the goods in the absence of the Recipient bears all risks associated with the loss or damage of goods from the moment of their acceptance.
9.3. Transfer of rights and obligations
9.3.1. The Seller has the right to transfer its rights and obligations for fulfilling orders to third parties without being relieved of responsibility.
9.4. Liability for the use of Goods
9.4.1. The Seller is not responsible for improper use and storage of goods ordered on the website https://sunrose.com.ua/ by the Buyer or the Recipient.
9.5. Liability under law
9.5.1.The liability of the parties in other cases is determined in accordance with the legislation of Ukraine.
9.6. Dispute resolution
9.6.1. The parties agree that any disputes which cannot be resolved through negotiations will be settled in accordance with the current Ukrainian legislation.
10. EXECUTION OF INTERNATIONAL ORDERS
10.1. Ordering and delivery time
10.1.1. Orders for the purchase of Goods around the World must be placed at least 3 days in advance. (Deliveries to Russia and Belarus are not made).
10.2. Time and delivery
10.2.1. When placing orders internationally, note that order fulfillment takes place from 10:00 to 18:00 local time of the country and city. The specified delivery time is a preference and cannot be guaranteed.
10.3. Mandatory components and orders
10.3.1. Orders must include flowers as a mandatory component. Additional items (sweets, soft toys, balloons, etc.) may complement the bouquet. In the absence of additional items, the Seller reserves the right to deliver more flowers.
10.4. Substitution of bouquet components
10.4.1. In case certain floral components are unavailable due to climate or seasonal factors, the Seller may substitute them, adhering to the color scheme of the bouquet.
10.5. Contact information
10.5.1. The Buyer must provide the recipient's contact phone number, full name, and complete address with postal code. Without proper information, the execution of the order is not guaranteed.
10.5.2. Incorrect address or absence of the recipient may lead to delays or non-fulfillment of the order. In such a case, the delivery is considered completed, and no refund is made.
10.6. Contacting the Recipient
10.6.1. The Seller is required to call the recipient before delivery.
10.7. Weekend delivery
10.7.1. Delivery on Sundays is almost impossible in most countries, so orders are automatically moved to Monday.
10.8. Order status and report
10.8.1. A report on the completed order is sent to the Buyer's email within 2 working days from the date of order delivery.
10.9. Photo report
10.9.1.A photo at the time of delivery around the World is not guaranteed.
IMPORTANT *** The moment of conclusion of this Agreement shall be the moment when payment for the order is made.
REQUISITES
IE Gordeeva Maria Fedorovna
Recipient code: 3132116749
IBAN: UA143052990000026005050549489
Receiving bank: JSC CB "PrivatBank"
