1. GENERAL PROVISIONS
1.1. The following text is the Agreement between the online store lorashen.ua, hereinafter referred to as "the Seller", and the user of the online store services, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as "the Buyer".
1.2. This Agreement defines the conditions for the purchase of flowers and gifts, hereinafter referred to as “the Goods”, by the Buyer through the Seller’s online store.
1.3. The Agreement is public under Art. 633 and Art. 641 of the Civil Code of Ukraine and is equivalent to "oral agreement" and has the required legal force.
1.4. In accordance with Art. 642 of the Civil Code of Ukraine by full and unconditional acceptance of the terms of this offer agreement, which confirms the conclusion of the Agreement on the proposed conditions, the fact that the Buyer has paid the cost of the goods ordered on the online store website (or by other means).
1.5. In this offer, unless the context requires otherwise, the following terms have the following meanings:
"Online Store" - the Seller’s website, created for entering into Retail and Wholesale Contracts, after the Buyer has familiarized himself/herself with Goods proposed by the Seller on the photographs by remote means.
“Seller” is an organization, regardless of its legal form, and / or an individual entrepreneur, who sells goods.
"Product" - products offered for sale, and posted on lorashen.ua.
"Buyer" - an individual and / or legal entity that carries out an order on the website lorashen.ua.
"Recipient" – an individual and / or a legal person, determined by the Buyer, who must receive the ordered Goods.
"Accept" - the full and unconditional acceptance of the terms of the Agreement by the Buyer.
"Order" - individual items from the Goods assortment list specified by the Buyer when making an order on the site.
2. SCOPE OF THE AGREEMENT
2.1. The Seller sells and delivers the Goods according to the current price list published on lorashen.ua website, and the Buyer pays and accepts the Goods according to the terms of this Agreement.
3. ORDERING PROSEDURE
3.1. The order formation.
3.1.1. Orders are accepted through the lorashen.ua website during the Seller’s working hours.
3.1.2. The cost of flowers and gifts ordering includes delivery to the Recipient, if the cost of the order exceeds UAH 1,400, and is not paid separately.
3.1.3. The cost of all types of delivery is indicated in the “Delivery” section on the Seller’s website.
3.1.4. At the same time, the Seller does not provide the services of buying and delivering goods purchased from third parties by the Buyer’s order.
3.1.5. If the order has been fully completed and paid by the Buyer, the creation of a bouquet or an arrangement occurs a few hours before delivery.
3.1.6. If the order was placed after 18:00 with the note “delivery the day to day”, the possibility of such delivery is coordinated additionally with the online store administrator, and is paid according to the delivery tariffs indicated on the Seller’s website.
3.1.7. When placing an order, the Buyer has to specify the data of the Recipient as accurately as possible. Incorrect information provided by the Buyer may interfere with the order execution at the specified time. In this case, delivery is postponed until the Recipient’s correct data is specified, but no more than 12 hours from the moment of the order payment by the Buyer.
3.2. Order payment.
3.2.1. The order payment means the Buyer's consent to enter into this Agreement with the Seller.
3.2.2. The Buyer pays the cost of the order under the Agreement, by transferring money to the Seller’s the account. The date of payment is the day of funds receipt to the Seller’s account.
3.2.3. Prices for any Goods positions listed on lorashen.ua website are valid at the time of the order.
3.2.4. The Buyer has the right to confirm or cancel the order until it is paid.
3.2.5. Orders are accepted for execution only after the receipt of funds at the Seller’s account, with the exception of the payment method “Cash on delivery”.
3.2.6. The Buyer will receive a message about the payment of the order to the email address that was specified when placing the order.
3.2.7. Buyer pays extra for payment system, ATMs services.
3.3. Terms of delivery order.
3.3.1. When placing an order, the Buyer must specify clearly the delivery terms. One order can be issfoued for one date, time, address. If you need to greet several people at different addresses, or at different time at one address - you need to make the appropriate number of orders.
3.3.2. Delivery of the order is carried out by prior agreement with the Recipient by the phone number specified by the Buyer in the order.
3.3.3. Fast execution of the order and “delivery the day”, performed within 2 hours after payment of the order, as agreed with the Recipient.
3.3.4. Payment for the order and “delivery on the same day” by bank transfer has to be made at least one hour before the selected time limit for delivery.
3.3.5. The Buyer can make changes to the order no later than 3 hours before the time of delivery of the order. If the order is already formed, it is impossible to cancel it. The Buyer can issue and pay for a new order, while taking the previous one at the pick-up point or, at the Buyer’s request, can be redirected to another recipient.
3.4. Execution of the order on holidays.
3.4.1. The schedule for the execution and delivery of orders on holidays is posted on the lorashen.ua website in the “Delivery” section.
3.5. Confidential order.
3.5.1. Confidential order, executed without prior agreement with the Recipient. When placing an order, the Buyer chooses the option “do not call up the Recipient” then he/she guarantees that the Recipient will be located at the specified address and time of the delivery.
3.5.2. The Buyer is fully responsible for the information provided in the online store.
3.5.3. Problems and their solutions that may arise during delivery without prior call to the Recipient are indicated on the Seller’s website in the “Problem situations” section.
4. TERM OF EXECUTION OF THE ORDER
4.1. The term of the order depends on the location of the Recipient - within the city of Kiyv and Kharkiv from 3 hours. Outside the cities, terms and time of the delivery of the order is agreed with the administrator of the online store separately. It all depends on the complexity of the order: the quantity of the product and its availability, on unforeseen events that do not depend on the Seller (accidents, weather conditions, traffic jams, etc.).
4.2. In the case of improper order delivery due to the Seller’s fault (inconsistency of the order with the requirements of the Buyer or the goods in an improper condition), see the “Reclamations” section on the lorashen.ua website.
4.3. The order is considered completed at the time of its transfer to the Recipient / the Buyer and / or his/her authorized representatives.
4.4. The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the delivery of the order to the Recipient / the Buyer or his/her authorized representatives.
5. CREATING AN ORDER. ABSENT COMPONENTS REPLACEMENT
5.1. The Seller creates an order in accordance with the requirements of the Buyer.
5.2. If the Seller does not have certain elements for placing an order for any reason (seasonality, lack of the desired variety or flower colour), the Seller may, by agreement with the Buyer, make a replacement.
5.3. Replacement of non-flower products can be carried out without prior agreement with the Buyer for a similar product of the same price category.
5.4. If the appearance of the goods differs from the image on the Seller’s website, this can not be a defect or a reason for a refund or order replacement.
5.5. All informational materials presented on the website lorashen.ua are for reference only and cannot fully convey accurate information about certain properties and characteristics of the product. In case of any questions from the Buyer regarding the properties and characteristics of the Goods, before placing an order, he should contact the administrator of the online store for advice by phone, or send a request to the site using the usual ordering procedure.
6. REPLACEMENT OF GOODS. PURCHASE RETURNS. REFUND.
6.1. According to the rules of the company, flowers and other goods cannot be returned and exchanged.
6.2. The Recipient / the Buyer can refuse or return the order immediately upon receipt, indicating to the courier the reason for the return.
6.3. The Buyer has the right to issue a letter with the complaint using the feedback form on the website or by e-mail: [email protected], indicating the reason and providing the appropriate description and confirming photos.
6.4. The rules for filing a complaint are indicated on the Seller’s website in the “Claims” section.
6.5. In the case of replacement or return of goods, the Buyer or the Recipient must return the previous goods in the same form in which it was delivered.
6.6. The Seller may refuse to replace or compensate for the cost of the gift, if the Recipient has personal reasons for returning the goods (allergies, taste, etc.) about which the Seller was not informed.
6.7. In case of refusal of the gift by the Recipient during the preliminary call, the Buyer can receive the paid funds for the given order, if it has not yet been created by the florists.
6.8. In other cases, the Seller considers complaints within 3 working days from the date of its receipt, the Seller shall report the results of the consideration of the complaint in electronic form.
6.9. If, due to the fault of the Seller, the order was not delivered on the specified day by the Buyer or the Recipient, the Buyer has the right to demand compensation, the amount of which cannot exceed the amount of the order.
7. INTELLECTUAL PROPERTY COPYRIGHT.
7.1. The seller is the sole owner of LoraShen Trademark, according to the Certificate of Ukraine No. 163013 as of October 25, 2012.
7.2. Clause 2, 4 of Article 16 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services" establishes that the certificate grants its owner the right to use the trademark and other rights defined by this Law.
7.3. According to Art. 20 of the Law of Ukraine "On the Protection of the Rights to Marks for Goods and Services" any violation of the rights of the owner of the certificate under Art. 16 of this Law, including performing actions requiring his/her consent and preparing to commit such actions without the consent of the owner of the certificate, is considered as violation of the rights of the owner of the certificate, which entails liability in accordance with the current legislation of Ukraine.
7.4. Violation of the rights of the certificate owner is also considered as the use without his/her consent in domain names, marks and designations specified in paragraph 5 of Article 16 of this Law.
7.5. For legitimate use of TM - applying it to any product for which a sign is registered, hereinafter referred to as “Product”, the package containing such Goods, trademark, label, badge, tag or other object attached to the product, storage of such goods with put a specified sign for sale, offer it for sale, sale, import (import) and export (export), use it in business documentation or advertising, and on the Internet, including domain names, you need to obtain a separate permit.
7.6. If business entities have expressed a desire to use the TM in their activities, for permission to use it, they can send a letter to the email address [email protected].
7.7. The seller is the owner of exclusive property copyrights for a number of photographic works, graphic images on the site and is their sole author. The seller uses photographic works by publishing on the website lorashen.ua to illustrate goods and services.
7.8. Due to the presumption of originality of copyright objects, all photographic works are original, therefore they are protected by copyright without registrations and formalities from the moment of their creation in all countries of the world according to the 1886 Bern Convention for the Protection of Literary and Artistic Works law and related rights "of 1993.
7.9. The subject of exclusive property copyright to photographic works may authorize the use of these works to third parties and prohibit their use, if such occurs without obtaining permission. The owner of the photos posted on the lorashen.ua website gives permission to use his/her photo only if the photo has a back link to the source.
8. TERM OF AGREEMENT. PROCEDURE FOR MAKING AMENDMENTS
8.1. Acceptance of the Offer by the Buyer is confirmation of the conclusion of the Contract on the terms of the Offer.
8.2. The Contract enters into force from the moment the Buyer pays for the order and is valid until the Seller fulfills its obligations under this Contract.
8.3. The Seller has the right to make changes to the text of this Agreement at its discretion at any time and without prior notice to the Buyer. The current (valid) version of the Agreement is always available on the website.
8.4. The Buyer agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes to the Contract already in force between the Buyer and the Seller, and these changes to the Contract take effect with such changes in the Offer.
9.1. The Seller guarantees the confidentiality of information that the Buyer indicates during registration or when placing an order.
9.2. The Seller guarantees that personal data will not be used for personal gain, on third-party resources or for the distribution of spam.
9.3. When placing an order, the Buyer agrees to the processing of his personal data that is stored in the Seller’s database solely for identification of the Buyer / Recipient with repeated orders and for their correct execution. If the Buyer refuses, the Seller will not be able to place the order accordingly.
10.1. The Seller bears all risks associated with loss or damage to the goods until it is transferred to the Buyer.
10.2. The Recipient or the one who received the goods at the time of the Recipient’s absence carries all the risks associated with the loss or damage to the goods from the moment they are received.
10.3. The Seller has the right to transfer his/her rights and obligations to fulfill orders to third parties, not relieved from liability.
10.4. The Seller is not responsible for the improper use or storage of goods by the Buyer ordered on the website lorashen.ua.
10.5. The liability of the Parties in other cases is determined in accordance with the legislation of Ukraine.
10.6. The parties agree that any disputes that could not be resolved through negotiations are resolved in accordance with the current legislation of Ukraine.