This Public Offer Agreement is an official offer from the LYSTVA Online Flower Shop (hereinafter referred to as the Seller) to render the bouquets sale and delivery service (hereinafter referred to as the Service) and expresses the Seller’s intention to conclude the Bouquets Sale and Delivery Service Agreement in compliance with the terms and conditions hereof.
In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and the Regulations for Sale of Goods on Order and Outside Commercial or Office Premises approved by the order of the Ministry of Economy of Ukraine dated 19.04.2007 No.103, this document is an offer, and the fact of making an order by the buyer (customer) (through the mobile application) and receipt of this order is a complete and unconditional acceptance of this Public Offer Agreement and information stated in the mobile application.
1. DEFINITIONS AND TERMS
For the purpose of this Public Offer Agreement, these terms are used in the following sense:
Public Offer Agreement – this document on rendering of bouquets sale and delivery services published on the Internet at HTTPS://FLOWERS-DELIVERY.COM.UA.
Publication – placing of a document in free access in the Internet at the address specified in the Public Offer Agreement.
Order is a set of ordered flowers, bouquets to be delivered to recipients in respect of whom, after conclusion of the Public Offer Agreement, the Service is rendered in accordance with the terms of the order stipulated by the Customer. When placing an order, a unique number is assigned thereto.
Bouquets Delivery Service – Seller’s services on delivery of flowers, bouquets under terms and conditions of the Public Offer Agreement.
Acceptance – full and unconditional acceptance of the Public Offer Agreement, by performing the actions stipulated in item 7.1. of the Public Offer Agreement.
Customer is a natural person or a legal entity that has accepted the Agreement. The buyer of the bouquets delivery service is the Customer, in accordance with the concluded Public Offer Agreement.
Recipient – a recipient can be both the Customer and any natural person and/or legal entity he or she specifies, who is to receive (whom the Order shall be delivered to) the Order.
Bouquet – any flowers, a bouquet of flowers or a flower arrangement in a basket chosen by the Customer from the offered range of goods of the Seller’s Online Flower Shop.
1.2. Terms unspecified in item 1.1 hereof may be used in this Public Offer Agreement. In this case this term is interpreted on the basis of the text of the Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the bouquets sale and delivery service rendered by the Seller to the Customer under terms and conditions of the Public Offer Agreement.
3. TERMS OF SERVICES
3.1. The obligatory condition for rendering of services by the Seller hereunder is consent, compliance and application of the requirements and conditions specified by the Seller to the parties hereof.
3.2. Services are solely rendered for the Order:
3.2.1. for which the Seller has confirmed a possibility of placing this Order based on the conditions implemented for a certain Order. The Seller has the right to refuse the Customer to place an Order if the Customer violates or has violated the terms and conditions hereof. In this case, a notice of refusal to provide services is sent to the Customer’s email address. The money paid is returned to the Customer;
3.2.2. for the Customer who has accepted the Agreement;
3.2.3. bouquets sale and delivery service paid under prepayment conditions by the Customer.
3.2.4. The Seller reserves the right not to place texts on postcards that, in the Seller’s opinion, affect human feelings, honor and dignity, contain foul language, offensive texts.
3.3. Services are rendered in accordance with the Order placed by the Customer, in compliance with the form established at HTTPS://FLOWERS-DELIVERY.COM.UA.
3.4. Delivery date:
3.4.1 Delivery is performed on the date specified by the Customer. Delivery on the day of placing an order is carried out within 2 hours from the moment of payment.
3.5. Delivery time:
3.5.1. Delivery time is desirable and this means that the Seller makes every effort to fulfill the Order at the specified time, but it does not guarantee that the bouquet will be delivered at the specified time.
3.5.2. Orders for night delivery (from 8.00 p.m. to 8.00 a.m.) shall be paid at the night rate specified in the Delivery information section of the Website.
3.5.4. If the Recipient’s number is incorrect in the order or the Recipient does not respond within the time specified for delivery, the Seller will contact the Customer and offer him to specify another phone number or change the delivery time, and the delivery time cannot be changed by more than 24 hours (time for storage of the arranged composition (the Bouquet)).
3.5.5. Due to the large number of orders, the Seller does not guarantee a delivery of flowers by the exact time, as well as a surprise delivery on holidays (March 8, February 14, Mother’s Day). Delivery on these days is performed during the day and only after a previous call to the Recipient. If the order has been placed at least one day before the holiday date, a delivery is possible in view of Customer’s wishes.
3.5.6. The Recipient of the Order shall receive the delivered Order within 10 minutes from the moment of arrival of the Courier at the delivery address. The Courier’s repeated arrival and waiting for more than the specified time at the address shall be paid.
3.6. Delivery address:
3.6.1. The delivery address is specified when placing an order or is specified by the Recipient when the Seller calls if delivered by the Recipient’s phone number.
3.6.2. The Seller calls the Recipient and clarifies a possibility of accepting the Order, as well as the delivery time and address convenient for him/her. In this case, at the request of the Customer, a surprise effect may remain – information on the Customer and the subject of delivery is not disclosed to the Recipient. Priority will be given to the delivery time and address specified by the Recipient. If the Recipient is located at another address different from the address specified by the Customer, delivery to another address is possible only within the settlement that coincides with the address of initial delivery. By mutual consent of both parties to the Public Offer Agreement, delivery to remote areas outside the settlement is possible after the Customer pays the cost of such a delivery. The cost of delivery specified at the Website can be changed in the following cases:
3.6.3. In case of a surprise delivery, or if the order has not contained: a phone number of the Recipient – if the delivery has not been performed due to an incorrect address, the absence of the Recipient at the specified address within the specified period of time or other circumstances preventing the delivery of a bouquet (security, access system, etc.), the Seller returns the bouquet to the floral salon. A surprise delivery is not performed for remote areas.
3.6.4. If the Recipient refuses to accept the bouquet, the Seller calls the Customer and offers him to receive the bouquet or indicate another Recipient.
3.6.5. Re-delivery shall be separately paid by the Customer.
3.6.6. After 24 hours from the moment of unsuccessful delivery, the bouquet and delivery shall be repaid as flowers have a limited storage life.
3.6.7. If in case of unsuccessful delivery the Seller fails to contact the Customer by phone or email, the order is considered as executed.
3.7. Recipient’s contact telephone number:
3.7.1. The contact phone number is specified when placing an order. If the phone is not specified, the Seller performs a surprise delivery.
3.7.2. The Seller recommends specifying the Recipient’s contact phone number in special cases: if the Recipient is out, if there are difficulties with handing in or the location needs to be specified, the Seller calls the Recipient, the surprise effect remains, information on the delivery and the Customer is not disclosed by the Seller.
3.7.3. If the Recipient’s phone number is incorrect or the Recipient does not respond within the time specified for delivery, the Seller will contact the Customer and offer him/her to specify another phone number or change the delivery time, and the delivery time cannot be changed by more than 24 hours (time for storage of the flower arrangement).
3.8. Bouquet composition:
3.8.1. The bouquet, which the Customer has chosen in the Seller’s catalog, is composed as similar as possible to the photo from the Website. The Seller emphasizes that all bouquets are manually composed by florists, so there may be a slight deviation in shape from the photo represented at the Website. Elements of the decor in the composed bouquet may also differ from the sample.
3.8.2. After composing a bouquet, flower arrangement, the ready-made Order is photographed and photos are sent to the Customer to the messenger by phone number or email specified in the application.
3.8.3. In the 30-minute absence of the Customer’s objections or comments on the bouquet, flower arrangement represented in the photos, the Order is considered as agreed and any claims of non-compliance of the bouquet or flower arrangement with the photos from the Website or wishes of the Customer are not accepted by the Seller.
3.8.4. If there are no required flowers in the Seller’s warehouse and the Customer does not agree to the proposed replacement, the Seller refunds the amount paid for the Order.
3.9. Recipient’s refusal to accept the bouquet:
3.9.1. If the Recipient refuses to accept the bouquet that has been delivered for him/her, the Seller will contact the Customer. Cash for this order is non-refundable. Within 24 hours from the moment of unsuccessful delivery, the Customer has the right to specify another delivery address within the bounds of the settlement of initial delivery, and another Recipient or himself/herself as a Recipient, in this case the delivery is performed for another Recipient or Customer at another delivery address. The cost of re-delivery in this case is separately paid.
3.9.2. If the Seller has not called the Customer, the order is considered as executed.
3.9.3. The Customer has the right to pick up the bouquet from the Seller’s warehouse within 24 hours from the moment of unsuccessful delivery.
3.10. Delivery report:
3.10.1. The Seller informs the Customer on the performed delivery by sending a corresponding notice to the Customer. The message is sent after the Seller has handed the bouquet to the Recipient.
3.10.2. At the request of the Customer and with the consent of the Recipient, the Seller sends a photo of the Recipient with the delivered bouquet to the e-mail address or messenger to the number specified in the order. This service is free of charge and is provided if the courier service has technical feasibility.
4. OBLIGATIONS OF THE SELLER
4.1. The Seller undertakes to:
4.1.1. Render the bouquets sale and delivery service to the Customer in accordance with the terms and conditions of this Agreement.
4.1.2. Suspend the execution of the Order at the request of the Customer for a certain period, if there is at least 1 working day left before its execution.
5. OBLIGATIONS OF THE CUSTOMER
5.1. The Customer undertakes to:
5.1.1. Fill in reliably all fields of the Order form at the https://lystva.com/.
5.1.2. Adhere to the requirements and rules of the current legislation.
5.1.3. Place an Order through the appropriate section at the Seller’s Website on the Internet.
5.1.4. Pay for the Service to the Seller under this Agreement.
6. TERMS OF PAYMENT
6.1. The Customer can pay for the flower delivery order in any way specified at https://lystva.com/.
6.2. Payment for the Services is performed by the Customer before the end of the Acceptance period.
6.3. The Services shall be paid by the Customer in the amount of 100% (one hundred percent) prepayment of the cost of certain Services.
6.4. The cost of Bouquets Sale and Delivery Services includes all fees, taxes, etc.
6.5. The Services shall be paid as online payment in Ukrainian hryvnias in view of the Seller’s essential details.
6.6. The Services shall be paid by the Customer from the moment the Seller receives confirmation of crediting the payment.
6.7. The Seller reserves the right to unilaterally terminate this Agreement or suspend the execution of the Order if the cost of the Services under the Order exceeds the amount received from the Customer.
7. ACCEPTANCE OF THE AGREEMENT
7.1. The Customer accepts the Agreement by means of prepayment for the Seller’s Services, as regards which the Agreement has been concluded, during the Acceptance period in compliance with item 6 hereof.
8. CHANGE IN TERMS AND CONDITIONS AND DURATION OF THE AGREEMENT
8.1. The Agreement comes into force from the moment of its placement in the Internet at https://lystva.com/ and is valid until the moment of revocation of the Agreement by the Seller.
8.2. The Seller reserves the right to change terms and conditions of the Agreement or to revoke the Offer at his/her own discretion.
9. DURATION AND CHANGE OF THE AGREEMENT
9.1. The Agreement is considered as concluded from the moment of Acceptance of the Agreement by the Customer and is valid until the moment of execution by the Seller of the Order, or until the moment of termination (cancellation) of the Agreement.
9.2. Upon cancellation of the Agreement by the Seller, the Agreement shall be deemed as terminated from the moment of its cancellation.
9.3. The Customer may terminate the Agreement if the Seller has violated this Agreement or current legislation.
9.5. The Seller may terminate the Agreement at his/her own discretion at any time, which must notify the Customer. From the moment the Seller sends a notice of termination of the Agreement, this Agreement is terminated.
10. PERSONAL DATA PROTECTION
10.1. In accordance with the provisions of the Law of Ukraine On Personal Data Protection, the Customer (Personal Data Subject) gives explicit and unconditional consent to his/her personal data processing to the Seller (Personal Database Owner, hereinafter referred to as the Owner) on the terms stated below:
10.1.1. The Customer gives his/her consent to the Owner to process the following personal data:
a) surname, name, patronymic, year, month, date and place of birth, sex, address, citizenship, contact information (home address/es), direct office, home and mobile phone numbers, e-mail address etc.);
b) information contained in identity documents, including passport data, taxpayer identification number;
c) other personal data and information voluntarily provided by the Personal Data Subject to the Owner.
10.1.2. The purpose of personal data processing is to ensure implementation of economic relations (in particular, in the field of data accounting and recording of potential buyers), administrative, tax and accounting relations.
10.1.3. The Personal Data Subject gives the Owner consent to perform the following operations with personal data:
a) preparation of statistical, administrative and other information on accounting of potential buyers, as well as internal documents on implementation of rights and obligations in the field of economic relations and protection of economic interests of the Owner;
b) bookkeeping and tax accounting;
c) preparation and submission of reports to regulatory authorities;
d) committing other actions that require the personal data processing.
10.1.4. When processing personal data, the Owner takes all necessary organizational and technical measures to protect personal data from unauthorized or accidental access to it, personal data destruction, distortion, blocking, reproduction, dissemination, and other illegal actions.
Personal data is processed by the Owner by means of methods that ensure confidentiality of such data, except for personal data depersonalization and in case of its public availability; and in compliance with the established requirements for ensuring personal data security, requirements for physical carriers of biometric personal data and technologies for storing such data outside the personal data information systems in accordance with the current legislation.
10.1.5. The Personal Data Subject has the right to:
a) know about location of the personal database containing his or her personal data, its purpose and name, location and/or place of residence (stay) of the owner or administrator of this database or give a corresponding order to authorized persons to obtain this information, except for cases specified by law;
b) receive information on conditions for granting access to personal data, in particular information on third parties to whom his or her personal data contained in the relevant personal database are transferred;
c) access to his or her personal data contained in the relevant personal database;
d) receive a response as to whether his or her personal data is stored in the relevant personal database, as well as to receive the content of his or her personal data within thirty calendar days from the date of receipt of the request, except for cases specified by law;
e) make a reasoned request with an objection to their personal data processing by public authorities, local governments while exercising their powers provided by the law;
e) make a reasoned request to change or destroy his or her personal data by any owner and administrator of this database, if this data is illegally processed or inaccurate;
f) protect his or her personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, and also to protect from provision of information that is unreliable or discredits human honor, dignity and business reputation;
g) apply for protection of his or her personal data rights to public authorities, local governments, whose powers include implementation of personal data protection;
h) apply legal remedies in case of violation of the legislation on personal data protection.
10.1.6. The Personal Data Subject is informed that he (she) at any time, by addressing in writing to the Owner, has the right to request a list of names and addresses of any personal data recipients, to get acquainted with personal data, to request additional information on personal data storage and processing or require any necessary changes in personal data to clarify it.
10.1.7. Personal data is transferred to database managers and third parties independently determined by the Owner. The Personal Data Subject agrees that the Owner has the right to such a transfer, except for cases specified by law;
10.1.8. The Consent expressed in this section is valid for an indefinite period. The Personal Data Subject may revoke his or her consent by sending a written notice to the Owner at least 90 (ninety) days prior to the expected date of revocation of this consent. The Personal Data Subject agrees that during the specified period the Owner is not obliged to stop personal data processing and destroy personal data of the Personal Data Subject. The revocation will not have a retroactive effect on personal data processed before entering the revocation into force.
10.1.9. By agreeing to the terms and conditions hereof, the Personal Data Subject acknowledges and confirms that he or her:
a) has been notified of the rights in connection with the inclusion of information on him or her in the personal database, the purpose of collecting this data and the persons whom this data is transferred to;
b) has no reservations regarding the restriction of the Owner’s right to his or her personal data processing.
10.2. The Customer gives the Seller consent to receive information messages and offers from the Seller via postal services, short message services (SMS), messengers and e-mail, etc.
11. PROCEDURE FOR CANCELLATION OF THE ORDER AND REFUND
11.1. The Customer has the right to cancel the Order by using contact center numbers specified at https://lystva.com/ under item 11.2. hereof.
11.2. The order cannot be canceled if the composition has already been arranged by the Seller and prepared for delivery to the Recipient. In this case cash means are not refundable, because flowers are perishable goods. In other cases, when canceling the order, the Seller deducts 10% of the order value, the remaining amount is returned to the Customer.
11.3. To return the cash means the Customer shall fill in the Application for Refunding and send it to the address: LYSTVA, 1, Kyryla & Mefodiia Str., 79005, Lviv. Cash means are considered as refunded from the moment of debiting from the Seller’s account or electronic wallet (depending on a method of return). The Seller refunds within 7 days from the date of receipt of the application from the Customer. The cash means are returned to the buyer within 30 days depending on the work of the issuing bank of the Customer’s card.
11.4. The term of consideration of the Application and return of funds to the Customer is calculated from the moment of receipt by the Seller of the Application in terms of working days without taking into account holidays/days off. If the Application is received by the Seller after 18.00 on a business day or on a holiday/weekend, the moment of receipt of the Application by the Seller is considered to be the next business day.
11.5. If the executed and paid order has not been delivered due to the fault of the Seller, cash means is repaid to the Customer in full.
11.6. In case of delivery of the Order of improper quality, the Customer delivers the goods to the Seller’s warehouse as soon as possible (within 24 hours) to check the quality of the goods. The exact address of the warehouse shop for filing a claim can be found by sending a request to lystva.flowers@gmail.com. The request will be processed as soon as possible. If the request is received within business hours (from 8.00 a.m. to 6 p.m. daily), it will be processed for 30 minutes. If the request is received within non-working hours (i.e. from 6 p.m. to 8.00 a.m.), it will be processed on the next working day within the period from 8.00 a.m. to 9.00 a.m.
11.7. The goods of proper quality are replaced if they have not been used and if their commercial presentation is preserved, and the account document issued to the Customer together with the goods sold or QR code reproduced on the display of the clearing transactions register (a display of the device on which the clearing transactions register has been installed) that enables to read and identify it with the account document under the structure of data contained in it, or electronic account document sent to the subscriber number or e-mail address provided by the Customer.
11.8. If at the moment of replacement, a similar product is not available for sale, the Customer has the right to either purchase other products from the range available with appropriate recalculation of the cost, or terminate the Agreement and get back cash means to the amount of the cost of returned goods, or exchange goods for similar ones as soon as the relevant goods are available for sale. The Seller shall notify the Customer, who requires the exchange of goods on the day of receipt of the goods for sale.
12. CONFIDENTIAL INFORMATION
12.1. The Seller undertakes not to disclose the Customer’s data stated during registration at https://lystva.com/ and when placing the Order to persons who are not related to the execution of the Order.
13. OTHER CONDITIONS
13.1. The Agreement, its conclusion and further fulfillment are regulated according to the current legislation of Ukraine. All issues that are not covered by this offer or are not fully regulated shall be settled in accordance with current legislation of Ukraine. In case of disagreements between the Customer and the Seller regarding the relations arising from this Agreement, which cannot be settled through negotiations of the parties, such disagreements shall be settled in the manner prescribed by the current legislation of Ukraine.
13.2. The Customer is not entitled to transfer his/her rights under this Agreement to any third party.
13.3. Samples of flower arrangements and bouquets provided in the mobile application are only variants of work performance.
13.4. By leaving your feedback at www.kvitkovo.com or in the personal account of the LYSTVA Online Flower Shop in the Google electronic service, you allow the Seller to quote it on third-party resources with the preservation of authorship.
This Public Offer Agreement is an official offer from the LYSTVA Online Flower Shop (hereinafter referred to as the Seller) to render the bouquets sale and delivery service (hereinafter referred to as the Service) and expresses the Seller’s intention to conclude the Bouquets Sale and Delivery Service Agreement in compliance with the terms and conditions hereof.
In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and the Regulations for Sale of Goods on Order and Outside Commercial or Office Premises approved by the order of the Ministry of Economy of Ukraine dated 19.04.2007 No.103, this document is an offer, and the fact of making an order by the buyer (customer) (through the mobile application) and receipt of this order is a complete and unconditional acceptance of this Public Offer Agreement and information stated in the mobile application.
1. DEFINITIONS AND TERMS
For the purpose of this Public Offer Agreement, these terms are used in the following sense:
Public Offer Agreement – this document on rendering of bouquets sale and delivery services published on the Internet at HTTPS://FLOWERS-DELIVERY.COM.UA.
Publication – placing of a document in free access in the Internet at the address specified in the Public Offer Agreement.
Order is a set of ordered flowers, bouquets to be delivered to recipients in respect of whom, after conclusion of the Public Offer Agreement, the Service is rendered in accordance with the terms of the order stipulated by the Customer. When placing an order, a unique number is assigned thereto.
Bouquets Delivery Service – Seller’s services on delivery of flowers, bouquets under terms and conditions of the Public Offer Agreement.
Acceptance – full and unconditional acceptance of the Public Offer Agreement, by performing the actions stipulated in item 7.1. of the Public Offer Agreement.
Customer is a natural person or a legal entity that has accepted the Agreement. The buyer of the bouquets delivery service is the Customer, in accordance with the concluded Public Offer Agreement.
Recipient – a recipient can be both the Customer and any natural person and/or legal entity he or she specifies, who is to receive (whom the Order shall be delivered to) the Order.
Bouquet – any flowers, a bouquet of flowers or a flower arrangement in a basket chosen by the Customer from the offered range of goods of the Seller’s Online Flower Shop.
1.2. Terms unspecified in item 1.1 hereof may be used in this Public Offer Agreement. In this case this term is interpreted on the basis of the text of the Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the bouquets sale and delivery service rendered by the Seller to the Customer under terms and conditions of the Public Offer Agreement.
3. TERMS OF SERVICES
3.1. The obligatory condition for rendering of services by the Seller hereunder is consent, compliance and application of the requirements and conditions specified by the Seller to the parties hereof.
3.2. Services are solely rendered for the Order:
3.2.1. for which the Seller has confirmed a possibility of placing this Order based on the conditions implemented for a certain Order. The Seller has the right to refuse the Customer to place an Order if the Customer violates or has violated the terms and conditions hereof. In this case, a notice of refusal to provide services is sent to the Customer’s email address. The money paid is returned to the Customer;
3.2.2. for the Customer who has accepted the Agreement;
3.2.3. bouquets sale and delivery service paid under prepayment conditions by the Customer.
3.2.4. The Seller reserves the right not to place texts on postcards that, in the Seller’s opinion, affect human feelings, honor and dignity, contain foul language, offensive texts.
3.3. Services are rendered in accordance with the Order placed by the Customer, in compliance with the form established at HTTPS://FLOWERS-DELIVERY.COM.UA.
3.4. Delivery date:
3.4.1 Delivery is performed on the date specified by the Customer. Delivery on the day of placing an order is carried out within 2 hours from the moment of payment.
3.5. Delivery time:
3.5.1. Delivery time is desirable and this means that the Seller makes every effort to fulfill the Order at the specified time, but it does not guarantee that the bouquet will be delivered at the specified time.
3.5.2. Orders for night delivery (from 8.00 p.m. to 8.00 a.m.) shall be paid at the night rate specified in the Delivery information section of the Website.
3.5.4. If the Recipient’s number is incorrect in the order or the Recipient does not respond within the time specified for delivery, the Seller will contact the Customer and offer him to specify another phone number or change the delivery time, and the delivery time cannot be changed by more than 24 hours (time for storage of the arranged composition (the Bouquet)).
3.5.5. Due to the large number of orders, the Seller does not guarantee a delivery of flowers by the exact time, as well as a surprise delivery on holidays (March 8, February 14, Mother’s Day). Delivery on these days is performed during the day and only after a previous call to the Recipient. If the order has been placed at least one day before the holiday date, a delivery is possible in view of Customer’s wishes.
3.5.6. The Recipient of the Order shall receive the delivered Order within 10 minutes from the moment of arrival of the Courier at the delivery address. The Courier’s repeated arrival and waiting for more than the specified time at the address shall be paid.
3.6. Delivery address:
3.6.1. The delivery address is specified when placing an order or is specified by the Recipient when the Seller calls if delivered by the Recipient’s phone number.
3.6.2. The Seller calls the Recipient and clarifies a possibility of accepting the Order, as well as the delivery time and address convenient for him/her. In this case, at the request of the Customer, a surprise effect may remain – information on the Customer and the subject of delivery is not disclosed to the Recipient. Priority will be given to the delivery time and address specified by the Recipient. If the Recipient is located at another address different from the address specified by the Customer, delivery to another address is possible only within the settlement that coincides with the address of initial delivery. By mutual consent of both parties to the Public Offer Agreement, delivery to remote areas outside the settlement is possible after the Customer pays the cost of such a delivery. The cost of delivery specified at the Website can be changed in the following cases:
3.6.3. In case of a surprise delivery, or if the order has not contained: a phone number of the Recipient – if the delivery has not been performed due to an incorrect address, the absence of the Recipient at the specified address within the specified period of time or other circumstances preventing the delivery of a bouquet (security, access system, etc.), the Seller returns the bouquet to the floral salon. A surprise delivery is not performed for remote areas.
3.6.4. If the Recipient refuses to accept the bouquet, the Seller calls the Customer and offers him to receive the bouquet or indicate another Recipient.
3.6.5. Re-delivery shall be separately paid by the Customer.
3.6.6. After 24 hours from the moment of unsuccessful delivery, the bouquet and delivery shall be repaid as flowers have a limited storage life.
3.6.7. If in case of unsuccessful delivery the Seller fails to contact the Customer by phone or email, the order is considered as executed.
3.7. Recipient’s contact telephone number:
3.7.1. The contact phone number is specified when placing an order. If the phone is not specified, the Seller performs a surprise delivery.
3.7.2. The Seller recommends specifying the Recipient’s contact phone number in special cases: if the Recipient is out, if there are difficulties with handing in or the location needs to be specified, the Seller calls the Recipient, the surprise effect remains, information on the delivery and the Customer is not disclosed by the Seller.
3.7.3. If the Recipient’s phone number is incorrect or the Recipient does not respond within the time specified for delivery, the Seller will contact the Customer and offer him/her to specify another phone number or change the delivery time, and the delivery time cannot be changed by more than 24 hours (time for storage of the flower arrangement).
3.8. Bouquet composition:
3.8.1. The bouquet, which the Customer has chosen in the Seller’s catalog, is composed as similar as possible to the photo from the Website. The Seller emphasizes that all bouquets are manually composed by florists, so there may be a slight deviation in shape from the photo represented at the Website. Elements of the decor in the composed bouquet may also differ from the sample.
3.8.2. After composing a bouquet, flower arrangement, the ready-made Order is photographed and photos are sent to the Customer to the messenger by phone number or email specified in the application.
3.8.3. In the 30-minute absence of the Customer’s objections or comments on the bouquet, flower arrangement represented in the photos, the Order is considered as agreed and any claims of non-compliance of the bouquet or flower arrangement with the photos from the Website or wishes of the Customer are not accepted by the Seller.
3.8.4. If there are no required flowers in the Seller’s warehouse and the Customer does not agree to the proposed replacement, the Seller refunds the amount paid for the Order.
3.9. Recipient’s refusal to accept the bouquet:
3.9.1. If the Recipient refuses to accept the bouquet that has been delivered for him/her, the Seller will contact the Customer. Cash for this order is non-refundable. Within 24 hours from the moment of unsuccessful delivery, the Customer has the right to specify another delivery address within the bounds of the settlement of initial delivery, and another Recipient or himself/herself as a Recipient, in this case the delivery is performed for another Recipient or Customer at another delivery address. The cost of re-delivery in this case is separately paid.
3.9.2. If the Seller has not called the Customer, the order is considered as executed.
3.9.3. The Customer has the right to pick up the bouquet from the Seller’s warehouse within 24 hours from the moment of unsuccessful delivery.
3.10. Delivery report:
3.10.1. The Seller informs the Customer on the performed delivery by sending a corresponding notice to the Customer. The message is sent after the Seller has handed the bouquet to the Recipient.
3.10.2. At the request of the Customer and with the consent of the Recipient, the Seller sends a photo of the Recipient with the delivered bouquet to the e-mail address or messenger to the number specified in the order. This service is free of charge and is provided if the courier service has technical feasibility.
4. OBLIGATIONS OF THE SELLER
4.1. The Seller undertakes to:
4.1.1. Render the bouquets sale and delivery service to the Customer in accordance with the terms and conditions of this Agreement.
4.1.2. Suspend the execution of the Order at the request of the Customer for a certain period, if there is at least 1 working day left before its execution.
5. OBLIGATIONS OF THE CUSTOMER
5.1. The Customer undertakes to:
5.1.1. Fill in reliably all fields of the Order form at the https://lystva.com/.
5.1.2. Adhere to the requirements and rules of the current legislation.
5.1.3. Place an Order through the appropriate section at the Seller’s Website on the Internet.
5.1.4. Pay for the Service to the Seller under this Agreement.
6. TERMS OF PAYMENT
6.1. The Customer can pay for the flower delivery order in any way specified at https://lystva.com/.
6.2. Payment for the Services is performed by the Customer before the end of the Acceptance period.
6.3. The Services shall be paid by the Customer in the amount of 100% (one hundred percent) prepayment of the cost of certain Services.
6.4. The cost of Bouquets Sale and Delivery Services includes all fees, taxes, etc.
6.5. The Services shall be paid as online payment in Ukrainian hryvnias in view of the Seller’s essential details.
6.6. The Services shall be paid by the Customer from the moment the Seller receives confirmation of crediting the payment.
6.7. The Seller reserves the right to unilaterally terminate this Agreement or suspend the execution of the Order if the cost of the Services under the Order exceeds the amount received from the Customer.
7. ACCEPTANCE OF THE AGREEMENT
7.1. The Customer accepts the Agreement by means of prepayment for the Seller’s Services, as regards which the Agreement has been concluded, during the Acceptance period in compliance with item 6 hereof.
8. CHANGE IN TERMS AND CONDITIONS AND DURATION OF THE AGREEMENT
8.1. The Agreement comes into force from the moment of its placement in the Internet at https://lystva.com/ and is valid until the moment of revocation of the Agreement by the Seller.
8.2. The Seller reserves the right to change terms and conditions of the Agreement or to revoke the Offer at his/her own discretion.
9. DURATION AND CHANGE OF THE AGREEMENT
9.1. The Agreement is considered as concluded from the moment of Acceptance of the Agreement by the Customer and is valid until the moment of execution by the Seller of the Order, or until the moment of termination (cancellation) of the Agreement.
9.2. Upon cancellation of the Agreement by the Seller, the Agreement shall be deemed as terminated from the moment of its cancellation.
9.3. The Customer may terminate the Agreement if the Seller has violated this Agreement or current legislation.
9.5. The Seller may terminate the Agreement at his/her own discretion at any time, which must notify the Customer. From the moment the Seller sends a notice of termination of the Agreement, this Agreement is terminated.
10. PERSONAL DATA PROTECTION
10.1. In accordance with the provisions of the Law of Ukraine On Personal Data Protection, the Customer (Personal Data Subject) gives explicit and unconditional consent to his/her personal data processing to the Seller (Personal Database Owner, hereinafter referred to as the Owner) on the terms stated below:
10.1.1. The Customer gives his/her consent to the Owner to process the following personal data:
a) surname, name, patronymic, year, month, date and place of birth, sex, address, citizenship, contact information (home address/es), direct office, home and mobile phone numbers, e-mail address etc.);
b) information contained in identity documents, including passport data, taxpayer identification number;
c) other personal data and information voluntarily provided by the Personal Data Subject to the Owner.
10.1.2. The purpose of personal data processing is to ensure implementation of economic relations (in particular, in the field of data accounting and recording of potential buyers), administrative, tax and accounting relations.
10.1.3. The Personal Data Subject gives the Owner consent to perform the following operations with personal data:
a) preparation of statistical, administrative and other information on accounting of potential buyers, as well as internal documents on implementation of rights and obligations in the field of economic relations and protection of economic interests of the Owner;
b) bookkeeping and tax accounting;
c) preparation and submission of reports to regulatory authorities;
d) committing other actions that require the personal data processing.
10.1.4. When processing personal data, the Owner takes all necessary organizational and technical measures to protect personal data from unauthorized or accidental access to it, personal data destruction, distortion, blocking, reproduction, dissemination, and other illegal actions.
Personal data is processed by the Owner by means of methods that ensure confidentiality of such data, except for personal data depersonalization and in case of its public availability; and in compliance with the established requirements for ensuring personal data security, requirements for physical carriers of biometric personal data and technologies for storing such data outside the personal data information systems in accordance with the current legislation.
10.1.5. The Personal Data Subject has the right to:
a) know about location of the personal database containing his or her personal data, its purpose and name, location and/or place of residence (stay) of the owner or administrator of this database or give a corresponding order to authorized persons to obtain this information, except for cases specified by law;
b) receive information on conditions for granting access to personal data, in particular information on third parties to whom his or her personal data contained in the relevant personal database are transferred;
c) access to his or her personal data contained in the relevant personal database;
d) receive a response as to whether his or her personal data is stored in the relevant personal database, as well as to receive the content of his or her personal data within thirty calendar days from the date of receipt of the request, except for cases specified by law;
e) make a reasoned request with an objection to their personal data processing by public authorities, local governments while exercising their powers provided by the law;
e) make a reasoned request to change or destroy his or her personal data by any owner and administrator of this database, if this data is illegally processed or inaccurate;
f) protect his or her personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, and also to protect from provision of information that is unreliable or discredits human honor, dignity and business reputation;
g) apply for protection of his or her personal data rights to public authorities, local governments, whose powers include implementation of personal data protection;
h) apply legal remedies in case of violation of the legislation on personal data protection.
10.1.6. The Personal Data Subject is informed that he (she) at any time, by addressing in writing to the Owner, has the right to request a list of names and addresses of any personal data recipients, to get acquainted with personal data, to request additional information on personal data storage and processing or require any necessary changes in personal data to clarify it.
10.1.7. Personal data is transferred to database managers and third parties independently determined by the Owner. The Personal Data Subject agrees that the Owner has the right to such a transfer, except for cases specified by law;
10.1.8. The Consent expressed in this section is valid for an indefinite period. The Personal Data Subject may revoke his or her consent by sending a written notice to the Owner at least 90 (ninety) days prior to the expected date of revocation of this consent. The Personal Data Subject agrees that during the specified period the Owner is not obliged to stop personal data processing and destroy personal data of the Personal Data Subject. The revocation will not have a retroactive effect on personal data processed before entering the revocation into force.
10.1.9. By agreeing to the terms and conditions hereof, the Personal Data Subject acknowledges and confirms that he or her:
a) has been notified of the rights in connection with the inclusion of information on him or her in the personal database, the purpose of collecting this data and the persons whom this data is transferred to;
b) has no reservations regarding the restriction of the Owner’s right to his or her personal data processing.
10.2. The Customer gives the Seller consent to receive information messages and offers from the Seller via postal services, short message services (SMS), messengers and e-mail, etc.
11. PROCEDURE FOR CANCELLATION OF THE ORDER AND REFUND
11.1. The Customer has the right to cancel the Order by using contact center numbers specified at https://lystva.com/ under item 11.2. hereof.
11.2. The order cannot be canceled if the composition has already been arranged by the Seller and prepared for delivery to the Recipient. In this case cash means are not refundable, because flowers are perishable goods. In other cases, when canceling the order, the Seller deducts 10% of the order value, the remaining amount is returned to the Customer.
11.3. To return the cash means the Customer shall fill in the Application for Refunding and send it to the address: LYSTVA, 1, Kyryla & Mefodiia Str., 79005, Lviv. Cash means are considered as refunded from the moment of debiting from the Seller’s account or electronic wallet (depending on a method of return). The Seller refunds within 7 days from the date of receipt of the application from the Customer. The cash means are returned to the buyer within 30 days depending on the work of the issuing bank of the Customer’s card.
11.4. The term of consideration of the Application and return of funds to the Customer is calculated from the moment of receipt by the Seller of the Application in terms of working days without taking into account holidays/days off. If the Application is received by the Seller after 18.00 on a business day or on a holiday/weekend, the moment of receipt of the Application by the Seller is considered to be the next business day.
11.5. If the executed and paid order has not been delivered due to the fault of the Seller, cash means is repaid to the Customer in full.
11.6. In case of delivery of the Order of improper quality, the Customer delivers the goods to the Seller’s warehouse as soon as possible (within 24 hours) to check the quality of the goods. The exact address of the warehouse shop for filing a claim can be found by sending a request to lystva.flowers@gmail.com. The request will be processed as soon as possible. If the request is received within business hours (from 8.00 a.m. to 6 p.m. daily), it will be processed for 30 minutes. If the request is received within non-working hours (i.e. from 6 p.m. to 8.00 a.m.), it will be processed on the next working day within the period from 8.00 a.m. to 9.00 a.m.
11.7. The goods of proper quality are replaced if they have not been used and if their commercial presentation is preserved, and the account document issued to the Customer together with the goods sold or QR code reproduced on the display of the clearing transactions register (a display of the device on which the clearing transactions register has been installed) that enables to read and identify it with the account document under the structure of data contained in it, or electronic account document sent to the subscriber number or e-mail address provided by the Customer.
11.8. If at the moment of replacement, a similar product is not available for sale, the Customer has the right to either purchase other products from the range available with appropriate recalculation of the cost, or terminate the Agreement and get back cash means to the amount of the cost of returned goods, or exchange goods for similar ones as soon as the relevant goods are available for sale. The Seller shall notify the Customer, who requires the exchange of goods on the day of receipt of the goods for sale.
12. CONFIDENTIAL INFORMATION
12.1. The Seller undertakes not to disclose the Customer’s data stated during registration at https://lystva.com/ and when placing the Order to persons who are not related to the execution of the Order.
13. OTHER CONDITIONS
13.1. The Agreement, its conclusion and further fulfillment are regulated according to the current legislation of Ukraine. All issues that are not covered by this offer or are not fully regulated shall be settled in accordance with current legislation of Ukraine. In case of disagreements between the Customer and the Seller regarding the relations arising from this Agreement, which cannot be settled through negotiations of the parties, such disagreements shall be settled in the manner prescribed by the current legislation of Ukraine.
13.2. The Customer is not entitled to transfer his/her rights under this Agreement to any third party.
13.3. Samples of flower arrangements and bouquets provided in the mobile application are only variants of work performance.
13.4. By leaving your feedback at www.kvitkovo.com or in the personal account of the LYSTVA Online Flower Shop in the Google electronic service, you allow the Seller to quote it on third-party resources with the preservation of authorship.
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