1.1. The following text is an Agreement between the online store container-trade.net hereinafter “Seller” and the user of the services of the online store, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as “Buyer”.
1.2. This Agreement defines the conditions for the purchase of flowers and gifts, hereinafter “Goods”, by the Buyer through the Seller’s online store.
1.3. The contract is public in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine and is the equivalent of a "verbal agreement" and has due legal force.
1.4. In accordance with Art. 642 of the Civil Code of Ukraine by the full and unconditional acceptance of the terms of this offer agreement, which confirms the conclusion of the Agreement on the proposed conditions, the fact that the Buyer paid the cost of the goods ordered on the online store website (or in another way).
1.5. In this offer, unless the context otherwise requires, the following terms have the following meanings:
"Online store" - the Seller’s website, created to conclude Retail and Wholesale Sales Agreements, after the Buyer has familiarized the Seller with the Seller’s Goods in photographs remotely.
"Seller" - an organization, regardless of its legal form and / or individual, an entrepreneur selling goods.
“Goods” - products offered for sale, and posted on the site container-trade.net.
"Buyer" - an individual and / or legal entity, carries out an order on the site container-trade.net.
“Recipient” - an individual and / or legal entity is determined by the Buyer who must receive the ordered Goods.
"Acceptance" - full and unconditional acceptance by the Buyer of the terms of the Agreement.
"Order" - individual items from the product assortment list specified by the Buyer when filling out an application on the site.
2.1. The Seller sells and delivers the Goods, according to the current price list published on thewebsite container-trade.net, and the Buyer pays and accepts the Goods in accordance with the terms of this Agreement.
3.1. Formation of the order.
3.1.1. Orders are accepted through thewebsite container-trade.net during Seller’s business hours.
3.1.2. The price of ordering flowers and gifts includes delivery to the Recipient, if the order value exceeds 1400 UAH., And is not paid separately.
3.1.3. The cost of all types of delivery is indicated in the "Delivery" section on the Seller's website.
3.1.4. However, the Seller does not provide services for the purchase and delivery of goods purchased from third parties by order of the Buyer.
3.1.5. If the order has been fully executed and paid by the Buyer, the creation of a bouquet or composition occurs several hours before delivery.
3.1.6. If the order was placed after 18:00 with the note “day-to-day delivery”, the possibility of such delivery is agreed additionally with the administrator of the online store, and is paid according to the delivery rates indicated on the Seller’s website.
3.1.7. When placing an order, the Buyer must specify the details of the Recipient as accurately as possible. Incorrect information provided by the Buyer may interfere with the execution of the order at the specified time. In this case, delivery is delayed until the correct recipient data is clarified, but not more than 12 hours from the date of payment of the order by the Buyer.
3.2. Order payment order.
3.2.1. Payment of the order means the consent of the Buyer to conclude this Agreement with the Seller.
3.2.2. The buyer pays the cost of the order under the Agreement by transferring funds to the seller’s bank account. The date of payment is the day of receipt of funds to the account of the Seller.
3.2.3. Prices for any items of the Goods indicated on thewebsite container-trade.net are valid at the time of the order.
3.2.4. The buyer has the right to confirm or cancel the order until it is paid.
3.2.5. Orders are accepted for execution only after the receipt of funds to the Seller’s account, with the exception of the choice of payment method “Cash upon receipt”.
3.2.6. A message about the payment of the order is sent to the buyer at the email address that was indicated when placing the order.
3.2.7. The services of payment systems, terminals, the Buyer pays extra.
3.3. Delivery terms of the order.
3.3.1. When placing an order, the Buyer must clearly indicate the requirements for its delivery. One order can be placed on one date, time, address. If you need to congratulate several people at different addresses, or at different times at one address - you need to place the appropriate number of orders.
3.3.2. Delivery of the order is carried out by prior agreement with the Recipient by phone, which is indicated by the Buyer in the order.
3.3.3. Fast execution of the order and "day-to-day delivery" is carried out within 2 hours after payment of the order, in agreement with the Recipient.
3.3.4. Payment for the order and "day-to-day delivery" by bank transfer must be made at least one hour before the selected delivery time interval.
3.3.5. The Buyer can make changes to the order no later than 3 hours before the delivery time of the order. If the order has already been formed, it is impossible to cancel it. The Buyer can place and pay for a new order while the previous one is picked up at the pick-up point or, at the Buyer's request, can be forwarded to another recipient.
3.4. Fulfillment of the order during the holidays.
3.4.1. The schedule for the execution and delivery of orders on holidays is posted on thewebsite container-trade.net in the Delivery section.
3.5. Confidential order.
3.5.1. Confidential order is executed without prior agreement with the Recipient. When placing an order, the Buyer selects the option “Do not call up with the Recipient”, then he guarantees that the Recipient will be at the specified address and delivery time.
3.5.2. The buyer is fully responsible for the information provided in the online store.
3.5.3. Problems and their solutions that may arise during delivery without first calling the Recipient are indicated on the Seller’s website in the “Problem Situations” section.
4.1. The lead time depends on the location of the Recipient - within the city of Kiev and Kharkov from 3 hours. Outside of cities, the term for the execution and delivery of the order is agreed with the administrator of the online store separately. It all depends on the complexity of the order: the quantity of goods and their availability, on unforeseen events that are not dependent on the Seller (accidents, weather conditions, traffic jams, etc.).
4.2. In the case of improper execution of the delivery of the order due to the Seller’s fault (the order does not comply with the Buyer's requirements or the goods are in improper form), see the “Complaints” section onfurther actions container-trade.net for.
4.3. An order is deemed completed at the time of its transfer to the Recipient / Buyer and / or its proxies.
4.4. The agreement between the Seller and the Buyer is valid from the moment of its conclusion to the moment of delivery of the order to the Recipient / Buyer or his authorized representatives.
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 variety or color of the flower), the Seller, by agreement with the Buyer, can make a replacement.
5.3. Replacement of non-flower products may be carried out without prior approval from the Buyer for a similar product of the same price category.
5.4. If the appearance of the goods differs from the image on the Seller’s website, this cannot be a defect or reason for a refund or replacement of the order.
5.5. All information materials presented on the site container-trade.net are for reference only and cannot fully convey reliable information about certain properties and characteristics of the goods. In case of questions from the Buyer regarding the properties and characteristics of the Goods, before placing an order, he needs to consult the administrator of the online store by phone, or send a request to the site using the usual order procedure.
6.1. According to the rules of the company, flowers and other goods are not subject to return and exchange.
6.2. The Recipient / Buyer may refuse or return the order immediately upon receipt, indicating to the courier the reason for the return.
6.3. The buyer has the right to draw up a letter of complaint using the feedback form on the website or by e-mail: firstname.lastname@example.org, indicating the reason and providing the corresponding description and supporting photos.
6.4. The rules for submitting complaints are indicated on the Seller’s website in the “Complaints” section.
6.5. In the event of a replacement or return of goods, the Buyer or Recipient must return the previous product in the same form in which it was delivered.
6.6. The Seller may refuse to replace or compensate for the value of the gift if the Recipient has personal reasons for returning the goods (allergy, taste, etc.) about which the Seller was not informed.
6.7. In case of rejection of the gift by the Recipient upon a preliminary call, the Buyer can receive the paid funds for this order if it has not yet been created by florists.
6.8. In other cases, the Seller considers complaints within 3 working days from the date of its receipt, the Seller reports the results of the complaint in electronic form.
6.9. If, due to the Seller’s fault, the order was not delivered on the indicated day by the Buyer or the Recipient, the Buyer has the right to demand compensation, the size of which cannot exceed the order amount.
7.1. The seller is the sole owner of the LoraShen Trademark, according to the Certificate of Ukraine No. 163013 of October 25, 2012.
7.2. Clause 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 mark and other rights defined by this Law.
7.3. According to Article 20 of the Law of Ukraine "On Protection of Rights to marks for goods and services "any encroachment on the rights of the certificate holder provided for in Article 16 of this Law, including the commission without the consent of the certificate holder of actions requiring his consent and preparation for the commission of such actions, is considered a violation rights of the owner of the certificate, which entails liability in accordance with the current legislation of Ukraine
7.4. Violation of the rights of the owner of the certificate is also considered to be the use without his consent in the domain names, signs and designations specified in clause 5 of article 16 of this Law
7.5. use of TM - applying it to any product for which the mark is registered, hereinafter referred to as the “Product”, the package that contains such a Product, signboard, label, patch, tag or other item attached to the product, storage of such goods with the indicated sign for sale, its offer for sale, sale, import (import) and export (export), its use in business documents or in advertising, and on the Internet, including in domain names, must be obtained separate permission.
7.6. If business entities have expressed a desire to use TM in their activities, for permission to use it, they can apply with a letter to the email address email@example.com.
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 container-trade.net 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 registration and formalities from the moment of their creation in all countries of the world in accordance with the Berne Convention for the Protection of Literary and Artistic Works of 1886 and the Law of Ukraine on Copyright Law and Related Rights ”1993.
7.9. The subject of exclusive property copyrights to photographic works may give permission to use these works to third parties and prohibit their use, if this takes place without obtaining permission. The owner of the photos posted on container-trade.net gives permission to use his photo only if the photo will have a link back to the source.
7.10. If other authors have discovered the placement of their photo works on container-trade.net, all claims are accepted at firstname.lastname@example.org.
8.1. The acceptance of the Offer by the Buyer is a confirmation of the conclusion of the Agreement on the terms of the Offer.
8.2. The Agreement comes into force from the moment the Buyer pays the order and is valid until the Seller fulfills its obligations under this Agreement.
8.3. The Seller has the right to amend the text of this Agreement at its discretion at any time and without prior notice to the Buyer. The current (current) version of the Agreement is always available on the site.
8.4. The Buyer agrees and acknowledges that the amendment of the Offer entails the introduction of these changes into the Agreement already concluded between the Buyer and the Seller, and these changes to the Agreement come into force with such changes in the Offer.
9.1. The seller guarantees the confidentiality of information that the Buyer indicates when registering 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 dissemination of spam.
9.3. When placing an order, the Buyer agrees to the processing of his personal data, which is stored in the Seller’s database solely for identification of the Buyer / Recipient for repeated orders, and for their correct execution. In case of refusal by the Buyer, the Seller will not be able to carry out the order accordingly.
10.1. The seller bears all risks associated with the loss or damage of the goods until it is transferred to the Buyer.
10.2. The Recipient or the one who accepted the goods at the time of the absence of the Recipient bears all the risks associated with the loss or damage of the goods from the moment of its acceptance.
10.3. The seller has the right to transfer his rights and obligations to fulfill orders to third parties, without being released from liability.
10.4. The seller is not responsible for the improper use or storage of goods by the Buyer ordered on thewebsite container-trade.net.
10.5. The responsibility 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 current Ukrainian legislation.