Feedback
English
Polish English Украинский
Евро
Fabryka sztucznych kwiatów. Hurtownia sztucznych kwiatów - Sztuczny-kwiat
Product catalog
0
  1. Home
  2. Public offer agreement

Public offer agreement

1. General provisions

This Public Offer Agreement (hereinafter referred to as the "Agreement") is concluded between the Seller - the Artificial Flower Factory "KoFlowers", and the Buyer - any natural or legal person who places an Order for Goods on the website https://www.sztuczny-kwiat.pl (hereinafter referred to as the "Site"). The Agreement is a public offer in accordance with Art. 633 of the Civil Code of Ukraine. The Agreement is concluded from the moment of acceptance of the Offer by the Buyer (for example, placing an Order on the Site). The fact of placing an Order is an unconditional acceptance of the terms of this Agreement. The Buyer undertakes to independently familiarize himself with the terms of the Agreement; the Agreement is concluded without concluding an additional written agreement.

2. Definition of terms

  • Seller - Artificial flower factory «KoFlowers», which sells goods through the Site.

  • Buyer - an individual or legal entity that accepts the terms of this Offer Agreement and places an Order for Goods.

  • Agreement (or Offer) - this document, which is a public offer of the Seller.

  • Order - the Buyer's registration of the selected Goods on the Site with the necessary data for delivery and payment.

  • Goods - artificial flowers and other goods offered on the Site, and any goods purchased by the Buyer in accordance with this Agreement.

3. Subject of the Agreement

  • The Seller undertakes to transfer the selected Goods to the Buyer, and the Buyer undertakes to accept and pay for them in accordance with the terms of this Agreement. The Goods sold must correspond to the description (characteristics, configuration, photos) on the Site. The Seller guarantees that the transferred goods will be of proper quality, suitable for their intended use and free from third party rights.

  • The price of the goods is set by the Seller and indicated on the Site. The cost of the ordered Goods does not include delivery costs (unless otherwise provided for by additional terms).

4. Procedure for concluding a contract

  • The Buyer places an Order on the Site by adding the Goods to the cart and clicking the "Confirm order" button (or similar). This is acceptance of the Offer and indicates the Buyer's full acceptance of the terms of the Agreement

  • After placing the Order, the Seller sends the Buyer an e-mail confirming acceptance of the Order. From the moment of receipt of such confirmation, the Agreement is considered concluded. The Buyer is obliged to provide complete and accurate contact information (name, address, telephone, e-mail, etc.) for delivery and communication.

  • After concluding the Agreement, the Seller prepares and delivers the Ordered Goods within the terms specified in this Agreement and notified to the Buyer.

5. Rights and obligations of the parties

  • The Seller is obliged to:

    • Transfer the Ordered Goods to the Buyer in the quantity, assortmentthose, completeness and quality agreed in the Order. The Goods must be packaged (if provided) and with the necessary documents.

    • Issue the Buyer a settlement document (fiscal check or other receipt) certifying the fact of payment for the Goods

    • Provide information support to the Buyer regarding the Order and the selection of Goods.

  • The Buyer is obliged to:

    • Accept the delivered Goods and pay for their cost in accordance with the terms of the Agreement

    • Check the goods upon receipt: inspect the integrity of the packaging and compliance of the name and quantity with the Order. In case of obvious damage or non-conformity, the Buyer must notify the carrier and contact the Seller.

    • Provide the necessary data to place the Order (correct address, contact information).

  • The Buyer has the right:

    • Receive the Goods of proper quality, safe and suitable for use for their intended purpose

    • Receive complete, reliable and timely information about the Goods, its characteristics, payment and delivery terms

    • Refuse the Contract and return the received Goods of proper quality without giving any reason within 14 days from the date of receipt of the goods

6. Prices and payment method

  • The price of each Product is indicated on the Site and includes all taxes and fees (if required by law). The price does not include delivery costs (except for special promotions or separate agreements).

  • Payment for the Ordered Product is made by one of the methods indicated on the Site (for example, by payment card, electronic payment or bank transfer to the Seller's account). The buyer independently chooses a convenient payment method and makes the payment.

  • The payment date is the date of receipt of the corresponding amount of funds to the Seller's account

  • Before delivery of the goods, a 100% prepayment of the Order cost is made (the buyer pays the entire invoice for the goods before or during their receipt, unless otherwise agreed by the parties).

  • If the Buyer does not pay the cost of the Order within the stipulated period, this is considered a withdrawal from the Agreement, and the Seller reserves the right to cancel the Order. In this case, the Agreement is considered terminated, and the obligations of the parties are mutually terminated.

7. Terms of delivery and acceptance of goods

  • Delivery of goods is carried out by an authorized representative of the Seller or by courier service to the address specified by the Buyer in the Order, self-collection, or factory delivery. Delivery is at the expense of the Buyer (i.e. paid separately. In the case of self-collection, delivery is free of charge.

  • The Seller undertakes to deliver the Ordered Goods to the Buyer within the time specified in the Order confirmation, but in any case no later than 30 calendar days from the date of conclusion of the Agreement

  • Upon receipt of the Goods, the Buyer must inspect them. The Seller shall hand over the invoice to the Buyer together with the goods. 

  • The ownership of the Goods shall be transferred to the Buyer after full payment of the Order. Until that moment, the Seller shall have the right to dispose of the Goods at its discretion (including demanding the return of the Goods).

  • If the Buyer refuses to accept the Goods upon delivery without good reason, the Agreement shall be deemed terminated, and the return of the Goods and the incurred delivery costs shall be made in accordance with legislation.

8. Return and exchange of goods

  • The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if it has not been used and if its presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods have been preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

    The Buyer shall be refunded the cost of goods of proper quality within 7 (seven) calendar days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements provided for in clause 6.1. of the Agreement and the current legislation of Ukraine.

    The cost of the goods shall be refunded by bank transfer to the Buyer's account.

    The return of the Goods of proper quality to the Seller's address shall be carried out at the expense of the Buyer and the Seller shall not compensate the Buyer.

    In the event that defects in the Goods are discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for in the Law of Ukraine "On Protection of Consumer Rights". When submitting claims for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.

    Consideration of claims stipulated by the Law of Ukraine “On Protection of Consumer Rights” is carried out by the Seller provided that the Buyer provides documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects of the Goods that arose after its transfer to the Buyer as a result of the Buyer’s violation of the rules for use or storage of the Goods, actions of third parties or force majeure.

    The Buyer does not have the right to refuse goods of proper quality that have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, etc. at the Buyer’s request). Confirmation that the product has individually defined properties is the difference in the dimensions of the product and other characteristics specified in the online store.

    The return of the product, in cases provided for by law and this Agreement, is carried out at the address specified on the site in the «Contacts» section.

9. Liability of the Parties

  • The Parties are liable for failure to fulfill or improper fulfillment of their obligations in accordance with the current legislation of Ukraine and the terms of this Agreement. Each party shall compensate the other party for all documented losses caused by its actions or inaction.

  • The Seller is not liable for damage caused to the Buyer as a result of improper storage or use of the goods by the Buyer. He is also not liable for delays in delivery, caused by the actions of the carrier or force majeure (natural disasters, war, actions of the authorities, force majeure circumstances, etc.).

  • In the event of returning the goods, the Seller shall refund the money to the Buyer no later than 7 days from the date of termination of the Agreement, unless otherwise provided by law.

  • The Buyer is responsible for the correctness and completeness of the data specified by him (address, telephone, etc.) when placing an Order.

10. Amendment and termination of the contract

  • Change of conditions: The Seller has the right to unilaterally change the conditions of this Agreement (text of the offer). The Seller shall notify the Buyer of such changes on the Site and/or by e-mail in advance. If the Buyer does not agree with the changes made, he has the right to withdraw from the Agreement.

  • Termination at the Buyer's initiative: The Buyer may terminate the Agreement by withdrawing the Order before it is shipped. After the Goods are shipped, the return is subject to the following conditions.

  • Unilateral Withdrawal: If one of the parties materially violates the terms of the Agreement (for example, the Buyer does not pay for the Order within the specified period), this may be considered as a unilateral withdrawal from the Agreement. In particular, the Buyer's failure to fulfill its payment obligations shall be deemed a waiver of the Agreement, and all obligations of the parties shall terminate.

  • Termination by consent: The Agreement may be terminated at any time by written consent of the parties or on other grounds provided for by law. In this case, the parties shall conclude appropriate additional agreements.

11. Jurisdiction and Dispute Resolution

  • The parties shall attempt to resolve all disputes arising in connection with this Agreement or its execution through negotiations. If the Parties fail to reach an agreement, the dispute shall be resolved in accordance with the procedure established by the current legislation of Ukraine

  •  

12. Seller details

  • Company: Artificial flower factory "KoFlowers"

  • Address: ul. Tuwima 64/44, 90‑026 Łódź, Poland

  • Phone: +48796114022

  • Email: sztucznykwiaty@gmail.com