This document constitutes an official offer to conclude a contract of sale on the conditions set forth below.
1. Terms and Definitions
1.1. The following terms and definitions apply in this document and the resulting or related relations of the Parties:
1.1.1. Public offer / Offer - the content of this document with attachments (additions, changes) to the documents, published on the Internet resource (website) on the Internet at the address: https://floristum.ru/info/agreement/.
1.1.2. Product - flowers in bouquets, flowers per piece, packaging, postcards, toys, souvenirs, other goods and services that the Seller offers to the Buyer.
1.1.3. Deal - a contract for the purchase of the Goods (goods), with the attachment of all binding documents related to it. The conclusion of the transaction and its execution is carried out in the manner and on the conditions determined by the public offer on the conclusion of the purchase and sale agreement.
1.1.4. Buyer - A person / User who uses, has used or has the intention to use the functionality of the website and / or the Service provided on its basis to review, select and purchase (purchase) the Goods.
1.1.5. Seller - one of the following, depending on the determination of the legal status of the potential Buyer and compliance with the terms of payment:
a) Provided that the Buyer under the agreement is a legal entity and the Order provides for payment for the Goods by bank transfer - FLN LLC;
b) in all other cases - A person / User who has completed and passed the registration procedure on the website as a "Store" status, uses, has used or has intentions to use the functionality of the website and / or the Service provided on its basis to search for potential Buyers, sign (conclusion) with Buyers of agreements / transactions, and acceptance in terms of payment for performance under concluded agreements / transactions.
1.1.6. Agent - FLN LLC.
1.1.7. Orders potential buyer- containing all the essential requirements for concluding a Transaction, an order for the purchase of a Product (group of Products), issued by a potential Buyer by choosing a Product from the general assortment offered by the Seller for purchase, as well as filling out a special form on a specific page of the Website
1.1.8. Offer Acceptance - acceptance of an irrevocable Offer through the actions performed by the Seller reflected in this Offer, entailing the conclusion (signing) of an Agreement between a potential Buyer and Seller.
1.1.9. Website / Website - information interconnected system located on the general Internet at the address: https://floristum.ru
1.1.10. Service - combining the Site and the information / content published on it and made available for access using the Platform.
1.1.11. Platform - Agent software and hardware integrated with the Site.
1.1.12. Private Office –The personal page of the Website, to which a potential Buyer gets access after the corresponding registration or authorization on the Website. The personal account is intended for storing information, placing Orders, receiving information about the progress of completed Orders, and receiving notifications in the order of notification.
1.2. In this Offer, the use of terms and definitions that are not defined in clause 1.1 is possible. of this Offer. In such circumstances, the interpretation of the corresponding term is carried out in accordance with the content and text of this Offer. In the absence of a clear and unambiguous interpretation of the corresponding term or definition in the text of this Offer, it is necessary to be guided by the presentation of the text: Firstly, the documents preceding the concluded Agreement between the Parties; Secondly - by the current legislation of the Russian Federation, and subsequently - by the customs of business turnover and scientific doctrine.
1.3. All references in this Offer to a clause, provision or section and / or their conditions, means the corresponding link to this Offer, its section set forth, and / or their conditions.
2. Subject of the Transaction
2.1. The seller assumes obligations to transfer the Goods to the Buyer, as well as provide related services (if necessary), in accordance with the Orders issued by the Buyer, and the Buyer, in turn, assumes the obligation to accept and pay for the Goods in accordance with the terms of this Offer.
2.2. The name, cost, quantity of the Goods, address and delivery time, as well as other material terms of the Transaction, are established on the basis of information specified by the Buyer when placing the Order.
2.3. An integral condition for the conclusion of the Agreement between the Parties is the unconditional acceptance and ensuring compliance by the Buyer with the requirements and provisions applicable to the relations of the Parties under the Agreement established by the following documents ("Mandatory Documents"):
2.4. Indicated in clause 2.3. of this Offer, documents binding on the Parties are an integral part of the agreement concluded between the parties in accordance with this Offer of the Agreement.
3. Rights and obligations of the parties
3.1.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, in the manner and on the terms and conditions determined upon conclusion of the Transaction.
3.1.2. The Seller is obliged to transfer to the Buyer a high-quality Product that meets the requirements of the Transaction and the current legislation of the Russian Federation;
3.1.3. The seller must directly deliver the goods to the buyer or arrange for the delivery of such goods;
3.1.4. The seller is obliged to provide the information (information) necessary for the performance of the Agreement, in accordance with the requirements of the legislation of the Russian Federation and this Offer.
3.1.5. The seller is obliged to fulfill other duties established by the Transaction, Mandatory documents, as well as the laws of the Russian Federation.
3.2.1. The Seller has the right to demand payment for the Goods in the manner and on the conditions established by the Transaction (Agreement).
3.2.2. The Seller has the right to refuse to conclude a Transaction with the Buyer, provided that the Buyer committed unfair actions and behavior, including in the following cases:
220.127.116.11. The Buyer abandoned the Goods of good quality more than 2 (Two) times within one year;
18.104.22.168. The buyer has provided his inaccurate (inaccurate) contact information;
3.2.3. The Seller has the right to exercise other rights that are provided for by the concluded Transaction and the Mandatory Documents, as well as by the legislation of the Russian Federation.
3.3.1. The Buyer is obliged for the proper execution of the Transaction to provide the Seller with all the necessary, in full and reliable information;
3.3.2. The Buyer is obliged to exercise control over the Order before making the Acceptance;
3.3.3. The Buyer is obliged to accept and pay for the Goods in accordance with the terms of the concluded Transaction;
3.3.4. The Buyer is obliged to check for notifications on the Website (including his Personal Account), as well as at the email address that was specified by the Buyer when placing the Order;
3.3.5. The buyer bears other obligations that are provided for by the Transaction, Mandatory documents, as well as the legislation of the Russian Federation.
3.4.1. The Buyer has the right to demand the transfer of the ordered Goods in accordance with the procedure and conditions stipulated by the Transaction.
3.4.2. The buyer has the right, in accordance with the current legislation and this Offer, to demand the provision of reliable information about the Goods to him;
3.4.3. The Buyer has the right to declare a refusal from the Goods on the grounds provided for by the Transaction and the laws of the Russian Federation.
3.4.4. The Buyer exercises other rights that are established by the Transaction, Mandatory Documents, as well as the Laws of the Russian Federation.
4. Cost of goods, payment procedure
4.1. The price of the Goods under the concluded Transaction is set according to the price indicated on the Website, which is valid on the date of placing the Order, as well as depending on the name and quantity of the selected Goods by the Buyer.
4.2. Payment for the Goods under the concluded Transaction is carried out according to the conditions chosen by the Buyer independently when placing the Order, from among the available methods that are listed on the Website.
5. Delivery and acceptance of goods
5.1. Delivery of the goods ordered by the Buyer is carried out by the Recipient: the Buyer or another person who was indicated by the Buyer when placing the Order. The Buyer confirms that the person indicated by the Buyer as the Recipient is fully and duly authorized by the Buyer to carry out activities and take actions to accept the Goods.
5.2. All information relevant to delivery, namely the delivery address, the recipient of the Goods, the delivery time (time) is reflected by the Buyer when placing the Order. Moreover, the minimum period for the delivery of the goods is reflected in the description of the corresponding goods.
5.3. When the Buyer indicates the telephone number of the Recipient of the Goods in the contact information when placing the Order, the Goods are accordingly delivered to the address that the Recipient of the Goods informed.
5.4. The Buyer has the right to pickup the Goods, which is not considered to be the delivery of the Goods, but the right to be indicated on the Website as a delivery method for the convenience of posting information.
5.5. The seller has the right to deliver the goods with the involvement of third parties.
5.6. The delivery of goods within the city is free of charge. The cost of delivery of the goods outside the city is calculated additionally in each case.
5.7. When transferring the Goods, the Recipient is obliged, in the presence of persons who deliver the Goods, to take all measures aimed at inspecting the external (commercial) appearance, safety and integrity of the packaging of the Goods, its quantity, completeness and assortment.
5.8. When delivering the Goods, the Recipient must take all necessary steps to receive the Goods within 10 minutes from the arrival of the person delivering the Goods to the delivery address, about which the recipient is notified by the phone number that was indicated by the Buyer when placing the Order.
5.9. The Buyer does not have the right to declare a rejection of the acceptance of the Goods of good quality due to the fact that the delivered Goods are made exclusively by the Buyer's Order, respectively, have individually defined properties and are intended for a specific Buyer.
5.10. In the event that it is impossible to receive the Goods at a certain time due to the fault of the recipient (Buyer), the Seller has the right to leave such Goods at the delivery address (if possible) specified at the time of placing the Order, or stores the Goods for 24 hours on demand The Buyer, and upon the expiration of the specified period, is entitled, at the Seller’s discretion, to dispose of such Goods. At the same time, the Seller’s obligations under the Transaction under such circumstances are deemed to have been duly fulfilled, funds paid for the Goods are not returned.
5.11. The Buyer has the right to declare refusal to accept the Goods of inadequate quality or the Goods, which significantly differs from the description indicated on the Website. Under these circumstances, the Buyer shall be refunded the paid cost of the Goods no later than 10 (ten) days from the date the Buyer submits the relevant request to the Seller. Refunds are made in the same way that was used when paying for the Goods, or in another way, which are agreed by the Parties.
5.12. The Seller shall notify the Buyer of this Public Offer that according to part 8 of Article 13.15 of the Administrative Code of the Russian Federation, remote sale of alcohol products is PROHIBITED by the legislation of the Russian Federation and the Seller is not carried out. All products presented on the website, in the description of which drinks are indicated or depicted, are equipped with ALCOHOL-FREE drinks, the appearance of the bottles with ALCOHOL-FREE drinks differs from the images and the specified parameters in the description.
6. Responsibility of the parties
6.1. In case of improper fulfillment by the Parties of their obligations under the concluded Transaction, the Parties bear full responsibility in accordance with applicable laws of the Russian Federation.
6.2. The Seller is not liable for the counter performance of the obligation under the concluded Transaction subject to late payment of the Goods, and other cases of non-fulfillment or improper performance by the Buyer of the obligations assumed, as well as the occurrence of circumstances that clearly indicate that such performance will not be carried out by the due date.
6.3. The Seller is not responsible for improper execution or non-execution of the Transaction, for violation of the delivery conditions, in the event of circumstances when the Buyer provided false information about himself.
7. Force Majeure
7.1. The parties shall be exempted from liability for partial or complete failure to fulfill obligations under this agreement if it was a consequence of force majeure circumstances. Such circumstances are natural disasters, the adoption by state authorities and the administration of normative acts that impede the implementation of this agreement, as well as other events that are beyond the reasonable foresight and control of the parties.
7.2. In the event of force majeure circumstances, the term for the parties to fulfill their obligations under this Agreement is postponed for the duration of these circumstances or their consequences, but not more than 30 (Thirty) calendar days. If such circumstances last more than 30 days, the Parties have the right to decide to suspend or terminate the Agreement, which is formalized by an additional agreement to this Agreement.
8. Acceptance of the Offer and conclusion of the Transaction
8.1. When the Buyer accepts this Offer, the Buyer generates the conclusion of an Agreement between him and the Seller on the terms of this Offer in accordance with the current legislation of the Russian Federation (Articles 433, 438 of the Civil Code of the Russian Federation)
8.2. The offer is considered accepted, depending on the method of payment, upon acceptance by the Buyer in the event of the following actions:
8.2.1. on terms of advance (advance) payment: by placing an Order and making payment for the Goods.
8.2.2. on the terms of payment for the Goods upon its receipt: by placing the Buyer with an Order and its confirmation at the appropriate request of the Seller.
8.3. From the moment the Seller receives the Buyer's Offer, the transaction between the Buyer and the Seller is considered to be concluded.
8.4. This Offer is the basis for concluding an unlimited number of Transactions with the Seller with the Buyer.
9. Validity and amendment of the Offer
9.1. The Offer comes into force from the date and time of its posting on the Website and is valid until the date and time the Seller withdraws the specified Offer.
9.2. The seller at any time at his discretion has the right to unilaterally amend the conditions of the Offer and / or withdraw the Offer. Information about the changes made or revocation of the Offer shall be sent to the Buyer at the Seller’s choice by posting information on the Website, in the Buyer's Personal Account, or by sending a corresponding notification to the Buyer's email or postal address, reflected by the latter upon conclusion of the Agreement, as well as during its execution .
9.3. Subject to the withdrawal of the Offer or amendments to it, such changes shall enter into force from the date and time of notification of the Buyer, unless otherwise specified and in the Offer or additionally sent message.
9.4. The Mandatory documents reflected in such an Offer are amended / supplemented or approved by the Buyer at his discretion, and are brought to the attention of the Seller in the manner specified for the relevant notifications of the Seller.
10. Duration, Modification and Termination of the Transaction
10.1. The Agreement enters into force from the date and time the Buyer made the Acceptance of the Offer, and continues to be valid until the parties fulfill their obligations, or until the Agreement is terminated early.
10.2. As a result of the withdrawal by the Agent of the Offer during the term of the Agreement, the Agreement shall be subject to the terms of the Offer, drawn up in the latest edition with the relevant Mandatory documents.
10.3. The transaction may be terminated by agreement of the Parties, as well as on other grounds stipulated by the Offer, the legislation of the Russian Federation.
11. Terms of confidentiality
11.1. The Parties have agreed to keep the conditions and contents of each concluded Agreement confidential and confidential, as well as all information received by the Parties when concluding / executing such an Agreement (hereinafter Confidential Information). Parties are forbidden to disclose / disclose / publish or otherwise provide this kind of information to third parties without the prior written permission of the Party transmitting this information.
11.2. Each Party is required to take the necessary measures to protect the Confidential Information with the same degree of care and prudence if this Confidential Information were its own. Access to Confidential Information will be carried out only by employees of each of the Parties, the validity of which is determined in order to fulfill their duties in order to fulfill the Agreement. Each of the Parties shall oblige its employees to take all necessary similar measures, as well as obligations in order to ensure the safety of Confidential Information, which are defined for the Parties by this Offer.
11.4. The seller has the right to request additional information necessary for him, including copies of identification documents, registration certificates and constituent documents, credit cards, if necessary, verify the data about the Buyer or in order to prevent fraudulent activities. If such additional information is provided to the Seller, its protection and use is carried out in accordance with clause 12.3. Offers.
11.5. Obligations to keep Confidential Information confidential are valid for the duration of the Agreement, as well as for 5 (Five) subsequent years from the date of termination (termination) of the Agreement, unless otherwise specified in writing by the Parties.
12. Agreement on the analogue of a handwritten signature
12.1. At the conclusion of the contract, as well as in the course of the need to send notifications under the Contract, the Parties have the right to use facsimile reproduction of the signature or a simple electronic signature.
12.2. The Parties agreed that during the execution of the Agreement between the Parties, the exchange of documents by fax or e-mail is allowed. At the same time, documents transmitted using these methods have full legal force, subject to the availability of confirmation of delivery of the message including them to the recipient.
12.3. If the Parties use e-mail, the document sent with its help is considered to be signed by a simple electronic signature of the sender, created using his e-mail address.
12.4. As a result of using e-mail to send an electronic document, the recipient of such a document determines the signer of such a document using the e-mail address he used.
12.5. When the Seller enters into an Agreement that has passed the necessary registration procedure on the Website, the procedure for applying a simple electronic signature by the Parties is regulated, including by the User Agreement, concluded by the Seller during registration.
12.6. By mutual agreement of the Parties, electronic documents signed with a simple electronic signature are considered equivalent documents on paper, signed by hand.
12.7. All actions committed in the course of the relationship between the Parties through the use of a simple electronic signature of the respective Party shall be considered committed by that Party.
12.8. The parties undertake to ensure the confidentiality of the electronic signature key. At the same time, the Seller is not entitled to transfer his registration information (username and password) or to provide access to his email to third parties, the Seller is fully responsible for their safety and individual use, independently determining how to store them, as well as restricting access to them.
12.9. As a result of unauthorized access to the Seller’s login and password, or their loss (disclosure) to third parties, the Seller undertakes to immediately notify the Agent in writing by sending an email from the email address provided by the Seller on the Website.
12.10. As a result of loss or unauthorized access to the e-mail address which was indicated by the Seller on the Website, the Seller undertakes to immediately replace this address with a new address, and also immediately notify the Agent of the fact by sending an email from the new address Email.
13. Final provisions
13.1. The contract, the procedure for its conclusion, as well as execution are regulated by the current legislation of the Russian Federation. All issues that were not settled by this Offer or settled in part (not in full) are subject to regulation in accordance with the substantive law of the Russian Federation.
13.2. Disputes related to this Offer and / or under the Agreement are resolved through the exchange of letters of claim and the appropriate procedure. In case of failure to reach agreement between the Parties, the dispute will be submitted to the court at the location of the Agent.
13.3. From the moment of the conclusion of the Transaction in accordance with the terms of this Offer, written (oral) agreements between the Parties or statements regarding the subject of the Transaction lose their legal force.
13.4 The Buyer, accepting this Offer, guarantees that he acts freely, by his own will and in his own interests, gives an indefinite and irrevocable written agreement to the Seller and / or the Agent for all possible ways of processing the Buyer's personal data, including all actions (operations), as well as a set of actions (operations) that are performed using automated means, as well as without using such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (update and change), extraction, use, transfer ( distribution, provision, access), depersonalization, blocking, deletion, destruction of personal personal information (data) in order to conclude and execute a Transaction in accordance with the terms of this Offer.
13.5. Unless otherwise specified in the Offer, all notifications, letters, messages under the Agreement may be sent by one Party to the other Party in the following ways: 1) by e-mail: a) from the e-mail address of the Seller LLC FLN specified in section 14 Of the Offer, if the recipient is the Buyer to the Buyer's email address specified by him when placing the Order, or in his Personal Account, and b) to the Seller's email address specified in section 14 of the Offer, from the email address specified by the Buyer when placing an Order or in his Personal Account; 2) sending the Buyer an electronic notification in the Personal Account; 3) by post by registered mail with acknowledgment of receipt or by courier service with confirmation of delivery to the addressee.
13.6. In the event that one or more of the provisions of this Offer / Agreement for various reasons are invalid, not legally binding, such invalidity does not affect the validity of the other part of the provisions of the Offer / Agreement, which remain in force.
13.7. The Parties have the right, without going beyond and not contradicting the conditions of the Offer, at any time to draw up the concluded Agreement in the form of a written paper document, the contents of which must be in force at the time of its execution of the Offer, reflected in the Offer of Mandatory documents and the executed Order.
14. Agent details
Name: COMPANY WITH LIMITED LIABILITY "FLN"