Terms of use

The "User Agreement" includes the offer of FLN LLC (hereinafter - the "Copyright Holder") to agree to the provision of services on the following terms.

1. General provisions

1.1. The terms specified in the agreement should be understood as follows:

a) Service  - The Site and the Content posted on its pages, with the provision of access to the User within the framework of the Service used.

b) Platform - a script developed by the Copyright Holder, integrated with the Site.

at) Site - an array of data, as well as a collection of linked web pages, including subdomains, available on the Internet at https://floristum.ru.

d) Contents - the various types of data on the site include, but are not limited to graphics, logos, icons, text, images and software.

d) User - a capable citizen signing the submitted Agreement, satisfying his own interest or of interest to the beneficiary, when such is permissible by the conditions prescribed in the Mandatory Documents and the Agreement.

f) Status - a set of functionalities provided by the Site, selected by the User in accordance with his needs from the list offered by the Copyright Holder.

g) Buyer - A user who uses, wants to use or has previously used the functionality of the Site and / or the underlying Service, intended for the selection and purchase of Goods, delivery services offered by the Seller.

with) Score - A user registered on the Site in the indicated status, who intends to use, using now or earlier the functionality of the Site and / or Service in the basis of the platform for:

• the location of Buyers, the signing of Transactions and the acceptance of executions thereon in the field of payment, or
• trust in the Rights Holder of the right to conclude Transactions on his own behalf and receive money as payment from Buyers in the interests and respecting the interests of the User.

and) Deal - the contract concluded with the Buyer in accordance with the procedure specified in the Mandatory Documents.

to) Product - flower bouquets, individual purchase of flowers, postcards, gift wrapping, gifts and services offered within the Site to the Buyer.

l) Personal account - a section of the Site, created personally for the User, access to which opens after registration or subsequent authorization. Used to store personal information, use the available functionality.

1.2. Other definitions that are not affected by clause 1.1 may also apply in the body of the Agreement. It is worth interpreting them according to the text of the Agreement. The lack of a clear interpretation determines the need to use the legislation of the Russian Federation and the mandatory documents specified in the body of the Agreement.

1.3. Use of the Site and / or the Service on its basis in any accessible form in any way possible within the framework of the possibilities announced by the Copyright Holder, including:

• studying information on the Site;
• User registration or authorization;
• placement of hyperlinks, creating access to the information specified on the Site;
• the use of the Site by the User for his own purposes is a prerequisite for the formation of an agreement under the Agreement and Mandatory documents in compliance with 437 and 438 articles of the Civil Code of the Russian Federation.

1.4. Using the capabilities of the Site described in the Agreement, the User gives confirmation that:
a) The binding documents and the Agreement were fully considered by him before the first actions on the Site were performed.
b) Agrees with the conditions provided by the Copyright Holder in the Agreement in full without limitation on its part and gives an obligation to comply with them. In the absence of the right to sign an agreement or with disagreement with the specified requirements, the User is obliged to immediately stop using the Service and the Site.

c) The Copyright Holder has the right to change part of the Agreement or in full and Mandatory documents without the need to notify about changes to the User. The legal force of the new edition comes from the moment of its publication or at the time of notification to the User, unless another clause is provided for in the new document.

2. General conditions for using the Service

2.1. Full and unconditional acceptance of the terms of this Agreement and compliance with the provisions and requirements by the User are a prerequisite for signing the Agreement. Requirements and provisions are defined by the following Mandatory documents:

a) Privacy Policy, placed and available to the User at the Internet address https://floristum.ru/info/privacy/ . The document contains detailed information on how personal information about the User is provided and used and on transactions concluded.

b) Rules for concluding agency contracts are publicly available at the Internet address https://floristum.ru/info/oferta/ . Each user registered on the Site as a User is required to familiarize themselves with the document when processing the Order.

at) Public offer to conclude a contract of sale - mandatory conditions posted on the Internet address https://floristum.ru/info/agreement/, in accordance with which the conclusion of Transactions and their execution through the use of the Service is permitted.

2.2. The user can, without additional registration or authorization on the Service, use limited capabilities, Content and functionality in open sections.

Using the functionality of the Site in other parts and / or the Service is possible after registration and / or authorization of the User on the Site in compliance with the rules established by the Copyright Holder.

2.3. Only the copyright holder has the right to determine the list of available features of the Service during the registration or authorization of the User, and in addition, the list of documents confirming the identification without informing the User.

2.4. Within the framework of the signed Agreement, the User undertakes to provide the Rights Holder with the necessary reliable information, fill out the registration form correctly. The Copyright Holder has the right to delete the account, block it, refuse the Transaction or Order if it is suspected that the User has provided incorrect information about himself.

2.5. At any time, the Copyright Holder may require the provision of additional data by the User and their confirmation if registration, execution of an order or Transaction takes place. A request for documents is sent by the system administrator to the phone number or email address specified during registration. Failure to comply with the requirement is considered as a refusal and entails the blocking of the account or restrict the ability to use the functionality.

2.6. If there is a discrepancy in the data in the documents with those that were presented in the registration form, the user account is blocked or deleted.

2.7. Terms of use of the Service and the Site of a commercial, technical or organizational nature are communicated to Users by notification or posted on the site.

2.8. The User may be limited in the right to use the Service in full, about which he will be notified in a convenient way for the Copyright Holder.

3. User Warranties

The user, agreeing to the requirements of the Agreement, confirms and guarantees that:

3.1. He is the owner of the rights and powers on the basis of which he can conclude an Agreement on the use of the functionality of the Service;

3.2. The user assumes the obligation, within the framework of the Agreement, to use the Service exclusively for the purposes specified by the Agreement, without violating the prescribed requirements and rules, as well as the laws of the country;

3.3. The user will not perform actions that contradict or impede the operation of equipment, network, software, or the provision of the Service to other users;

3.4. The user confirms that he will not transmit materials (including, but not limited to, username) that are illegal, defamatory, threatening, offensive or obscene. He will not post anything to the site that would violate any right of any third party. The content has all the necessary permissive documentation that allows it to be posted on the Site.

3.5. The Store assumes responsibility for verifying the Buyer’s data provided during the execution of the Transaction, within the framework of the current legislation and in accordance with the Privacy Policy.

4. License to use Content

4.1. By signing the Agreement, the User gives the Rights Holder the right to use the Content posted by him.

4.2. At the time of provision of the Content, the Copyright Holder receives a non-exclusive license for copyright and related rights to use information, including the ability to post it in any country.

4.3. A non-exclusive license to the Copyright Holder, makes it possible to use the Content in the following ways:

• create copies, including recording on electronic media, and subsequently reproduce, create in material form;
• distribute the posted information, that is, Content, and therefore give access to it, including on the Internet, sell, rent, provide and transfer free of charge for any of these purposes;
• demonstrate in a public form, so that any User has the opportunity to get acquainted with the Content in any country and at any time;
• change the content, modify it and do it better, which means redo it, including translating into different languages;
• give the data presented in the form of Content to third parties.

4.4. If the User does not have copyright or related rights to the Content posted on the Service, acceptance of the terms of the Agreement on his part entails providing the Rights Holder with rights to any type of use of information.

5. Limitations

By accepting the terms of the Agreement, the User understands and acknowledges that:

5.1. The Regulation on the Protection of Consumer Rights is not applicable to the attitude of the Parties under the current Agreement on the gratuitous provision of the Service.

5.2. All Site Content is deemed to be accurate and current as of the date the content is posted on this Site. It is offered on an "as is" basis without warranty of any kind, either expressed or implied. The copyright holder does not guarantee that the features contained on the site will be error-free or satisfactory for all user requests. It is not responsible for time delay or any other dysfunction with respect to the safety or accuracy of the content.

5.3. The copyright holder reserves the right to suspend or change the website service without any obligation to inform users about it in advance. It is not responsible for the loss of information by the user due to external infrastructural dysfunctions, including, but not limited to: quality problems of Internet service providers, physical damage to an external object, or other force majeure. Nevertheless, the Copyright Holder will strive to limit such impact to a minimum.

5.4. The user does not have the right, with the involvement of a third party or independently:

• the user cannot use the content, platform or software for commercial purposes on his own behalf. The copyright holder is not responsible for any illegal actions carried out by users. Users will be responsible for their behavior on their own;
• Reconstruct, decompile, disassemble or otherwise attempt to obtain the source code for the software;
• distribute, sublicense, rent, transfer the software to any third party, if the Copyright Holder has not given permission.

5.5. At the time of conclusion of a transaction by the User in the status of a seller, the Copyright Holder is not responsible for its execution. The copyright holder acts only as an intermediary and is not obliged to control, bear responsibility or track the delivery of the Goods. He is not responsible for any losses or losses of any kind, expressed, implied or incidental, in relation to online services.

5.6. Content posted on the Site is not checked for authenticity, security and the availability of rights to use and disseminate by the Rightholder of the Service, since it has nothing to do with it. All responsibility for the consequences and content of the Content lies with the User.

5.7. It is strictly forbidden for the User to use the Service and the Site for:

• calculations of counterfeit products in the public domain;
• demonstrate through the use of the Service material related to pornography, child erotica, make advertisements for intimate services;
• use the Service System for illegal purposes;
• create, copy and distribute messages of an illegal nature;
• provide extremist materials as content, information protected by law, call for inciting ethnic hatred, infringe on rights and freedoms on a religious, national or any other basis, lay out information about the manufacture or use of weapons;
• upload Content, the reliability of which is in doubt, and its main task is to discredit someone else's honor and dignity;
• inclusion of links to other sites;
• hacking accounts in order to seize Users' personal information and disseminate it in order to send malicious software, spam, organize gambling and other actions that are contrary to applicable laws.

5.8. If the User finds a violation of the requirements of the Agreement by another User, he should inform the Copyright Holder. For this, a written notice is sent explaining the circumstances and indicating a hypertext link to Content that violates the interests and rights of other Users.

5.9. Use of the site, services, downloading or other use of any materials is at the discretion of the User and with his consent that he agrees to bear full responsibility for any data loss, damage to the computer system or other harm that will result from such activities, including the third persons. 

5.10. If a third party makes a claim to the User who has violated his property or personal non-property rights, the User will be required to provide a notarized obligation stating that the conflict has been settled, all material claims have been compensated. The copyright holder has the right to require the provision of passport data for the identification process.

5.11. The User agrees and acknowledges that the Copyright Holder at any time during the term of this Agreement has the right to delete / block any text, graphic, images uploaded to the Service by the User, without prior warning to the User if the specified text, image, graphics, as established , violate the law, violate any terms of this Agreement, terms and conditions 

5.12. Users who repeatedly or flagrantly violate the rules of the Agreement and Mandatory documents, as well as the requirements of the law, are blocked or limited in access to the Site and the provided Service.

5.13. The User undertakes to reimburse the Copyright Holder for losses in claims, litigation, if they arise in any way in connection with any claim, including but not limited to a claim in relation to any violation of intellectual property rights or any other rights of any third party or the law in relation to quality, quantity and any requirements in relation to the User's product, violation of any guarantees, representations or obligations, or in relation to failure to fulfill any of its obligations under this Agreement, violation of any applicable laws, regulations, including but not limited to intellectual property rights , taxes, etc.

5.14. The Copyright Holder shall not be liable to the User or any third party for any penal, accidental, special or indirect losses or losses of any kind, including those related to loss of use, data or profit, regardless of whether they are foreseen or not. 

5.15. Whatever the circumstances may be, the liability of the Copyright Holder cannot exceed 1 (one thousand rubles), which is assigned to him only if there is guilt in his actions.

6. Notifications

6.1. The user agrees to use the information provided to send advertising materials and information.

6.2. The Copyright Holder may use the User's mailbox and telephone to send out information letters regarding the changes made to the Agreement or Mandatory documents.

7. Agreement on the use of electronic signature

7.1. The relationship between the User and the Copyright Holder may include documents of an electronic type. A simple electronic signature is a confirmation of the consent of the parties.

7.2. Such a signature is formed at the time of registration, by generating a password and login with a phone number and email.

7.3. An electronic signature, like an electronic document signed by it, is equivalent to being executed on paper and supported by a citizen personally.

7.4. The copyright holder identifies the user at the time of authorization on the Site by the entered password and login or e-mail, if an information letter was sent from it.

7.5. The electronic signature is the guarantor of the user's actions and is the main evidence of this.

7.6. By signing the Agreement, the User agrees to keep his electronic signature and protect it from third parties. All responsibility for its use rests with him if the requirement is violated.

7.7. All responsibility for providing false information, and accordingly the consequences arising from its use, fall on the shoulders of the User. If third parties took possession of the data, the User is obliged to immediately inform the Site Administration about this by sending an email to the contact address.

7.8. The user undertakes to keep his ID and password from being used by third parties. The User must immediately notify the Copyright Holder about any unauthorized use of his identifier and password.

8. Other conditions

8.1. The user has the right to determine the procedure for using the Site, but it is not permissible that he contradicted the requirements of the Agreement.

8.2. Applicable right. All issues not regulated by the Agreement are regulated by the legislation of the Russian Federation.

8.3. Arbitration. Disputes caused by the Agreement and based on the background of its application should be considered in court. The place of filing the statement of claim is the branch of the court at the location of the Copyright Holder. As part of the consideration of the process, the norms and rules of the procedural law of the Russian Federation are taken into account.

8.4. Changes. The Agreement may be unilaterally amended or terminated by the Copyright Holder without subsequent compensation to the User.

8.5. Edition of the Agreement. The active edition of the Agreement is located on the Website of the Copyright Holder at the Internet address https://floristum.ru/info/terms/.

8.6. Details of the Copyright Holder:

Name: COMPANY WITH LIMITED LIABILITY "FLN"