Tender Magic — bouquet Gentle

General provisions

Order acceptance.

1. Orders are accepted through the website floristik.ua (https://floristik.ua/) or through any other means of communication presented on the website. All information (prices, assortment, etc.) is current and is constantly maintained.
2. The order is considered to be placed correctly if the Customer has been provided with full information concerning the Order Recipient, and given correct contact details of the Customer (i.e. filled in all obligatory fields at the placing of the order).
3. Correct and fully executed Customer order is accepted for processing, execution and delivery only after 100% prepayment of the cost of the order (Order payment).
4. In case the full prepayment of the order is not made 3 hours before the moment of delivery, this order is canceled or postponed to another time as agreed with the Customer. If in this case the Company could not contact the Customer without the fault of the Company (equal to inaction), the order must be canceled without consulting the Customer. If only partial payment is received - the execution of the order is suspended until full payment is received for the order.
5. Fresh flowers must be part of the order. Orders that do not include fresh flowers (cut flowers and flowers in pots) are not accepted; orders accepted by mistake should be canceled (with a refund if the order has been paid for). In some cases orders which do not include floral products can only be fulfilled after prior agreement with a manager.
6. The order with the status "Paid" is considered to be fully executed and accepted.

Order processing.

1. Each order is assigned a certain status, which indicates at what stage of processing or execution the order is at the moment.
2. Order statuses change automatically 24 hours a day. Due to the heavy workload, the status of orders for February 14, March 8, May 12, New Year's Day are changed within 48 hours from the moment of the established date of its execution.
3. The actual execution of the order takes place a few hours before the time specified by the customer, if the order has been executed, paid for and accepted
4. The Customer can change any informative part of the order till the moment of preparing the order upon agreement with the Company. Changes in the order are considered agreed after written confirmation by the Company.
5. Execution of the order can be suspended if the Customer has provided incomplete, incorrect or false information about the Recipient. Order will be taken into process only after approval of new data by the company during its working hours.

Order fulfillment/delivery.

1. Flowers and gifts are delivered throughout Ukraine and the World.
2. Flowers can be delivered to any location specified by the customer: a house, a restaurant or a café, hospital etc.
3. Flowers are delivered in time slots from 7:00 to 23:00, every day.
The minimum duration of an interval is 1 hour. A flower delivery order can be completed within 3 hours of its completion. Orders 'for today' are accepted till 18:00.
4.The Company reserves the right to call the recipient before delivery. The Recipient is not informed of what will be delivered and from whom, thereby keeping the surprise.
5. In case if the Recipient is absent upon courier's arrival (on time specified by Customer or Recipient) then the courier shall pass the order to his roommates or neighbors (friends, acquaintances etc. who live nearby) for further delivery to the Recipient.
6. In case upon courier's arrival it turns out that the address provided by Customer is incorrect (number of house or flat, street is incorrect if the Recipient has not lived or does not live at the provided address) the order is considered to be placed correctly and fully. The delivery can be done to the address given by the Customer again in the same city for an extra charge.
If the Customer refuses the delivery to the newly indicated address , payment for the order is not refunded.
7. If the order is not executed in whole or in part due to the Company's fault, the Customer has the right to demand compensation or the order can be executed as soon as possible after agreement with the Customer. The amount of compensation cannot exceed the price of the order.
8. The Company declines any responsibility for possible direct or indirect damages/losses (including moral) that can be caused by Customer's order (Recipient's allergy on flowers or food (if it is a part of order), Customer's quarrel with Recipient because of the order or its specifics, etc.).
The company is not liable to the Customer (payer) if the payment service, used by the Customer to pay for the order violates the terms of the agreement or imposes additional fees.
10. The agreement between the Customer and the Company is valid from the time of its conclusion until its execution. The moment of completion of the service is considered the moment of delivery of the goods ordered by the Customer to the Recipient.
11. The Company reserves the right to change any information published on its website without prior notice, which will be in force as soon as it is published on the respective page of the website.
12. The parties agree that any dispute, the solution of which could not be reached through negotiations, is decided in accordance with Ukrainian legislation.

Execution of international orders

1.Orders for bouquets delivery around the world are made in minimum 2 days, for CIS - 24 hours.
2. When making an order for CIS and World it is necessary to take into account that the order will be delivered in a time interval - from 10:00 to 19:00. Booking for a specific time is not possible and is accepted only as a wish.
3. Flowers must be a compulsory part of the order. Additional goods (candy, stuffed animals, balloons, etc.) can only be added to the bouquet. In absence of additional goods, partners reserve the right to deliver more flowers.
4. Our florists have the right to replace the components of the bouquet due to the absence of these flowers in a given country or their absence in a given season.
5. In flowers delivered to the world, there is usually an even number of flowers. An odd number of flowers, as we do give, abroad is mourning.
6. Be sure to specify the contact number of the recipient and the detailed address, with the index of the house or area. In the absence of a telephone, delivery is not guaranteed. We reserve the right to leave the order to third parties (relatives, colleagues, neighbors, concierge, etc.)
7. If the address is inaccurate or the recipient is unavailable at this address, this may delay the order and also lead to the cancellation of the order. If the address is stated incorrectly, no refund for missing the bouquet or late delivery is made. And also, our florists have the right to leave the bouquet with the neighbors.
8. If we have a contact telephone, our florists have the right to call the recipient before delivery, if necessary, even if you have specified that there is no need to call the recipient. To avoid misunderstandings, discuss this matter with the manager before ordering.
9. In almost all countries of the world delivery on Sunday is not possible, so your order will be automatically moved to Monday.
10. The default order is delivered if within 2 days we have no feedback from the florist. The delivery report will be sent to your email address within 2 business days of the order date. If you have confirmation, but you have information that the order has not been delivered, please contact us for further information.
11. Order status and other requests are executed within 24-48 hours.
12. Photos at time of delivery worldwide are not available, for CIS on request and cannot be guaranteed.
13. The text of the World Order card will be given in Latin characters and should not exceed 400 characters.
14. Cancellations are accepted no later than 2 business days before the order date, otherwise payment is not returned.

Reasons for return.

According to the Law of Ukraine "On Protection of Consumer Rights" and art. 707 of the Civil Code of Ukraine, flowers are not subject to exchange or return: - Since flowers are fast perishable goods, it is obvious that to save (their) trade dress or properties is possible only in special conditions; - Children's stuffed toys, food products (candy, fruit, cakes, helium balloons) are not subject to exchange or return under the Resolution of Cabinet of Ministers of Ukraine from March 19, 1994 № 172.

Despite the fact that practically all delivered products are not subject to return or exchange in accordance with the current legislation of Ukraine - returns, exchanges and redeliveries the company makes on its own initiative, reserves the right to refuse the return or exchange.

A complaint about an order may be accepted if submitted within twenty-four (24) hours of the order being fulfilled.

The order is not delivered on time:

1. If the actual time of delivery has exceeded the 60-minute time period specified by the Customer, the Customer has the right to claim compensation in the amount of 25% of the price of the order.
2. If the actual time of delivery has exceeded the time period specified by the Customer for periods of 2 hours or more - The Customer has the right to demand compensation in the amount of 100% of the price of the order.
3. The provisions of the compensation clauses shall not apply to cases where, at the time specified by the Customer, the Recipient has not been present or, at the request of the Recipient, the time of delivery has been changed, as well as to cases where the Recipient has refused to receive the order.
4. The company makes no guarantees and disclaims responsibility for delivery times on days of mass demand for services (New Year holidays 30-31 December, Christmas holidays 24-25 December and 6-7 January, International Women’s Day 7-9 March, Valentine’s Day 13-15 February, Mother’s Day 10-13 May, respectively) - on these days all orders are delivered during the day.

Defective goods or lack of all components of the order:

1. If flowers were not fresh at the time the order was delivered to the Recipient. The Customer is entitled to 100% compensation (full refund of funds) or replacement of the flower composition delivered. Photographs showing the condition of the flowers on the day of the order must be attached to the complaint.
2. If any other component, other than flowers, is not of good quality, it shall be replaced free of charge.
3. In case of absence of any part in the order - The company delivers the missing part of the order to the Recipient free of charge.
4. Floral compositions which have been modified according to (replacement point) are considered to be properly executed and compiled according to the declared composition of the floral composition.

Failure to fulfill service obligations:

1. The Company makes no guarantees regarding the picture of Recipient with flowers or gifts at the moment of delivery. The order is considered to be fulfilled correctly and completely even if the picture was not taken (or was taken in poor quality) and if it was specified in the order form by the Customer.
2. The Company does not give any guarantees regarding the delivery of SMS and email notifications. Reasons for no sms delivery: operator's refusal to receive sms, Customer's mobile phone memory is full, invalid phone number written in order form, etc. Reasons for non-delivery of email messages may be the following: Customer's mailbox is full, incorrectly specified email address of the customer, presence of filters that do not allow the message, etc.

The procedure for interaction between the Company and the Customer in the event of a complaint:

1. The Customer registers the complaint by sending an e-mail to info@floristik.ua. Anonymous complaints with an incorrect order number containing inappropriate language, as well as abusive expressions are deleted.
2.The Company notifies the Customer of the receipt of the complaint and conducts an internal investigation of the situation within a maximum of 10 working days from the receipt of the complaint. After the investigation, the Company gives the Customer a reasoned response to his claim.
3. If, after investigation, it is determined that the client’s claim is unsubstantiated, the Company is relieved of its obligations under the claim.
4. If, following an investigation, it is established that the customer's claim is in fact present, the Company returns the funds to the Customer in accordance with the repayment procedure.

Arrangements for the return of funds:

1. The repayment of funds shall be effected on the nearest bank day from the date of the decision to return the funds.
2. The sum of the refund may not exceed the sum of the order.
3. If refunds are made by a refund from a debit or credit card (which was made automatically on the site, using the acquisitions system) Funds are received on the Customer’s card within 10 banking days from the time of the return.
4. In the event that the Company made a refund based on erroneous payment details provided by the Customer, the refund shall be deemed to have been made in the presence of facts or documents confirming the Company’s refund, precisely on the basis of the details provided by the Customer.
5. The Parties shall be discharged from their obligations under this Agreement by reason of force majeure.

Reasons for replacing flowers:

Due to varying seasonal conditions, certain types of goods may not be available at certain times. These types of goods are to be replaced by the most similar quality available at the time.

1. The Company undertakes to resort to this Replacement Policy only in extreme cases.
2. Any part of the order is replaced without additional payment from the Customer.
3. At the moment of replacement, the Company notifies the Customer about it in the way indicated by the Customer in the order form (in the field - how to keep in touch in case of an unexpected situation). If the Company does not receive a response from the Customer in the near future, the replacement is done without any kind of agreement with the Customer.
4. . The replacement of floral and non-flower products can be done without the Client’s approval on days of mass demand for flowers (13-15 February, 7-9 March and 10-13 May).
5. By modifying any floral composition, the Company aims to maintain the appearance and gamma of the composition as much as possible.
6. The number of components to which the original components are replaced may be varied in relation to the original components. In such a substitution, the Company shall be guided by the value of the components in question. If no equivalent substitution can be made, the substitution is made towards the "Customer's side".
7. Non-floral products can be substituted without the agreement of the Customer.
8. If the ordered type of candy or cake is not available at the time of delivery, it will be replaced by a similar type with similar quality characteristics.
9. f at the time of delivery there is no ingredient in the fruit basket, it shall be replaced with similar qualitative characteristics. The company reserves the right to change the appearance of the basket (color, shape of the handle, etc.).
10. The appearance of the toy (color and shape) may be different from the one shown in the photo. If there is no specific type of toy available at the time of delivery, it is replaced by the most similar type.

Service quality

1. The company guarantees the highest possible quality of services and provision.
2. The Company guarantees that the fresh flowers delivered to the Recipient will remain fresh within 24 hours of their delivery, provided that they are properly cared for.
3. The company does not guarantee the absolute identity of the bouquet to be delivered or the composition of the flowers from the photo that is presented on the site; The company guarantees the maximum similarity of the bouquet to be delivered or the composition of the flowers from the photo that is presented on the site.
4. Appearance of fruit baskets (color and shape of the basket itself; type, shape, thickness, arrangement of the basket handle; color, type of material from which the basket is made; pattern of weaving, air gaps between weaving; height of the handle, its position relative to the horizontal axis of the basket; depth of the basket; The arrangement of fruit and other elements in the basket) may differ from the presented on a picture.
5. As the fruit is not artificial, the presence of black spots in places is a natural condition of natural fruit.
6. The Company guarantees that all the presents (except for flowers) delivered to Recipient have a valid due date which is indicated on their packaging (expiry date from manufacturer).
7. The appearance of the toy (color and shape) may be different from the one shown in the photo.
8. Some certain toys may not be available in different regions. Replacement with another toy, according to (reasons for replacement).
9. The appearance of postcards may vary from region to region. Postcards may be branded (with company logo), standard (with printed images, greetings). The text of the postcard is typed on a printing device or written in manually.
10.Balloons: There are many factors that affect the flight time of the balloons we deliver. Weather conditions (rain, windy weather, snow and burning sun) can also be included, which can significantly reduce the time that a helium balloon can fly. It also affects the temperature variability in the environment where the balloon flies. Dust has a very negative influence on the durability of balloons. Dust very often causes balloons to burst. Blows and friction also have a very bad effect on the life of the balloon. A standard balloon will fly for a few days. We also use foil balls with helium. These can be simple stars and hearts, foiled balls with drawings, foiled balls in the form of fairy tale heroes and many other themes. The company does not guarantee the flying time of the balloons for more than 24 hours, the company is responsible at the time of delivery that the balloons will be delivered in proper condition.
11. Any sizes on our site are approximate. Allowed error 10-15%.
12. Company declines all responsibility for the poor quality of the manufacturer’s gift (chocolate candies, toys, etc. - everything except flowers). In this case, the manufacturer shall be responsible.

Confidentiality

Undoubtedly, our service is working to make your life more joyful and brighter. However, we must follow the rules established by the legislation of Ukraine. In particular the Law of Ukraine "On the Protection of Personal Data". We assure you that we will keep secret all the information you provide when registering or ordering flowers and gifts.

In order for us to process and execute your order, we need your consent to do so. We guarantee that your personal information will not be used for profit, on external resources or for spam distribution. We store information about you in our database only for the identification of you at repeat orders and for their correct execution. When making an order you will be asked to agree to use your personal information. If we refuse this operation, unfortunately we will not be able to accept and process your order!

When you order for the first time, a summary of our terms and conditions will appear. If you do not agree with at least part of these terms and conditions, please do not use our website. You may no longer wish to view the terms and conditions page. Please note that we may change our terms and conditions from time to time. You will be informed of any changes by email. When using the services on our website, once we have changed our privacy policy we will assume that you have given your unconditional consent for us to use your personal data.

Remember that when you use our services, any information you provide voluntarily may become public. Public information is information about you that you provide when you comment on our services or products on our Website, or on social media sites. We cannot control the actions of other users, so we encourage you to spread the information about yourself at your own discretion. Also, we have the right to collect some information related to you but not confidential. For example, information about the type of your operating system, the type of your browser, the domain name of the Internet service provider. This information is collected to determine which pages on our site are most popular, to troubleshoot problems with the service, and to determine the overall usefulness of our site to our users.

*** The moment of conclusion of this Agreement is considered the moment that you have seen and agreed that your order will be executed in accordance with the terms and conditions of service of the company in the form of an order. The actual consumption by the Customer of the services of the Company, is also evidence of the Customer's acceptance of the terms of this Public Agreement.