Public offer
Agreement for the distance sale and purchase of flowers and gifts
Translation provided for convenience. Binding version — Ukrainian.
In short
This is a brief summary for convenience. The full terms are in the sections below.
This document is an official proposal (public offer) of the sole proprietor (individual entrepreneur) HRYNTSOV VLADYSLAV IHOROVYCH to conclude a sale and purchase agreement on the terms set out below. By placing an order on the website oda-flowers.com.ua, you accept these terms in full.
1General provisions
1.1. Seller — sole proprietor (FOP) HRYNTSOV VLADYSLAV IHOROVYCH, taxpayer ID (RNOKPP) 3468711296, acting under the legislation of Ukraine.
1.2. Buyer — any person with legal capacity who has placed an order on the website, by phone or via a messenger.
1.3. Website — oda-flowers.com.ua with all its pages.
1.4. Goods — cut flowers, bouquets, floral arrangements, plants, balloons, decor, sweets and other items presented on the website, as well as the services of making and delivering them.
1.5. Recipient — the person to whom the Buyer has instructed the Seller to hand over the Goods. The Recipient may be a different person from the Buyer.
1.6. Acceptance — placing an order on the website (clicking the order confirmation button), paying for an order or confirming an order via a messenger or by phone. Acceptance means that the Buyer has read this offer, understood it and agrees with it.
1.7. The Agreement concluded by way of acceptance has the force of a written agreement and does not require signatures or seals (Articles 633, 641 and 642 of the Civil Code of Ukraine, the Law of Ukraine “On Electronic Commerce”).
1.8. The Seller has the right to amend the terms of this offer unilaterally. The new version takes effect from the moment of its publication on this page. Orders already placed are governed by the version in force at the time they were placed.
2Subject matter of the Agreement
2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to accept and pay for them on the terms of this offer.
2.2. The Seller sells the Goods for personal non-commercial use. The terms for wholesale and corporate orders are agreed separately.
3Checkout
3.1. An order is placed on the website, by phone +38 063 569 65 13 or via messengers (Telegram, Viber, WhatsApp).
3.2. The website accepts orders 24 hours a day. The manager processes orders daily from 9:00 to 21:00; orders placed later are processed on the next working day.
3.3. When placing an order, the Buyer specifies: their name and phone number, the Recipient's details, the address, and the date and preferred time of delivery. The Buyer is responsible for the accuracy of this data.
3.4. The Buyer may order anonymous delivery — in that case, the Seller does not disclose the customer's name to the Recipient.
3.5. The Buyer may add a greeting card text. The text is handwritten by the florist; its length is limited by the size of the card.
3.6. An order is deemed accepted after confirmation by the Seller (by message, e-mail or phone).
3.7. The Seller has the right to refuse an order if it cannot be fulfilled (the required flowers are not available, the address is outside the delivery area, the contact details are incorrect), having notified the Buyer and refunded the payment in full, if it has been received.
3.8. Cancellation of an order by the Buyer. Until the Seller has started making the bouquet, the order is cancelled and the money is refunded in full. Making the bouquet starts after the delivery time has been agreed with the Recipient (clause 5.5). If the bouquet has already been made, the money is refunded minus 5% of the order amount — the Seller has already paid turnover tax on this amount, which is not returned to the Seller upon a refund.
3.9. Money is refunded by the same method by which the payment was made.
4Price and payment
4.1. Prices on the website are stated in hryvnias (UAH) and include the cost of the Goods and of making them. The cost of delivery is added separately in accordance with section 5.
4.2. The Seller has the right to change prices. The price of an order that has already been placed and paid for does not change.
4.3. An order is placed on the terms of full prepayment on the website. Payment methods:
- By card online — Visa, Mastercard, Apple Pay, Google Pay via the WayForPay payment service. No commission. Card details are not passed to the Seller and are not stored by the Seller.
- Bank transfer against an invoice — for legal entities and sole proprietors (FOP), by agreement.
4.4. An order is deemed paid from the moment the funds are received by the Seller. Making the bouquet begins after payment.
4.5. −5% discount is granted to customers registered in the Seller's Telegram bot. The discount is linked to the phone number: it applies only if the number in the order matches the number confirmed in the bot. The discount cannot be combined with other promotions unless otherwise stated in the terms of the promotion.
5Delivery
5.1. Delivery is carried out daily from 7:00 to 22:00 by the Seller's courier.
5.2. Delivery time slots from 10:00 to 22:00 — at no extra charge (two-hour windows; the exact list of available windows is shown at checkout and depends on the time the order is placed).
5.2.1. Morning delivery is carried out for an additional charge: 07:00–08:00 — +300 ₴, 08:00–09:00 — +200 ₴, 09:00–10:00 — +150 ₴.
5.2.2. Orders for same-day delivery are accepted until 20:00. Orders for morning delivery (07:00–10:00) are accepted until 20:00 on the day preceding the day of delivery. Orders placed after 20:00 are fulfilled on the following day, starting from the 10:00–12:00 slot.
5.3. Delivery cost:
- Kyiv — free of charge;
- Sofiivska and Petropavlivska Borshchahivka — +100 ₴;
- Boiarka, Vyshneve — +220 ₴;
- Irpin, Bucha, Brovary, Boryspil, Vyshhorod — +330 ₴;
- Obukhiv — +550 ₴;
- other localities — by agreement.
5.4. An order placed before 20:00 is delivered within Kyiv on the same day, unless the Buyer has chosen another date.
5.5. Before the courier sets off, the Seller contacts the Recipient and agrees a convenient delivery time. In doing so, the Seller discloses to the Recipient neither the contents of the order nor the Buyer's details: the delivery is announced as a “surprise delivery”.
5.6. Before dispatch, the Seller sends the Buyer a photo of the finished bouquet to the Seller's Telegram bot (if the Buyer is registered in it) or to the e-mail address specified in the order.
5.7. If the lift in the building is not working, the courier carries the order up to the 5th floor inclusive. In buildings with more floors, the handover takes place on the 5th floor.
5.8. If the Recipient is not present at the previously agreed time, cannot be reached at the phone number provided or refuses to accept the Goods, the Seller contacts the Buyer. Repeat delivery is possible for an additional fee in accordance with clause 5.3.
5.9. The Buyer is obliged to provide the correct address and a working phone number of the Recipient. The Seller is not liable for failure to deliver the Goods due to incorrect data provided by the Buyer.
5.10. Pickup. The Goods may be collected in person from any of the Seller's shops in Kyiv. The approximate preparation time is 30 minutes from the moment the order is agreed; pickup is arranged with the manager by phone or via a messenger.
5.11. On holidays (14 February, 8 March, 1 September, Mother's Day, Teachers' Day, etc.) delivery windows may be extended and an exact delivery time is not guaranteed; the Seller informs the Buyer of this at checkout.
6Making the bouquet and substitution of components
6.1. The Seller makes the bouquet according to the photo chosen by the Buyer on the website, preserving its composition, size and price.
6.2. Flowers are a living seasonal product. The shade of a petal and the degree to which a bud has opened may differ from the photo on the website; this does not constitute a defect of the Goods.
6.3. If any component is unavailable at the time the bouquet is made, the Seller replaces it with one of equal value — without reducing the price, the number of flowers or the overall appearance of the arrangement. The Seller notifies the Buyer of any significant substitution.
7Quality, exchange and return
7.1. The Seller hands over Goods of proper quality, fresh and fit for their intended use.
7.2. Cut flowers and flower arrangements are perishable goods. The right to refuse goods of proper quality purchased at a distance, provided by the consumer protection legislation of Ukraine, does not apply to perishable goods; therefore, flowers are not subject to exchange or return on the grounds of a “change of mind”. This does not limit the Buyer's rights with respect to Goods of improper quality.
7.3. If the Goods have defects (damaged or wilted flowers at the moment of delivery), the Buyer or the Recipient notifies the Seller within 24 hours of delivery and provides photos of the Goods. After this period, the Seller cannot establish the conditions in which the Goods were kept or the grounds for the claim.
7.4. A request is reviewed within 24 hours. If the defects are confirmed, the Seller, at its own discretion and by agreement with the Buyer, replaces the Goods, makes a new bouquet or refunds the money.
7.5. An exchange or replacement is made no later than within 10 working days; delivery of a replacement is at the Seller's expense.
7.6. Money is refunded within 7 days from the moment the refund is agreed, by the same method by which the payment was made.
7.7. Goods of proper quality, other than flowers and perishable products, may be returned within 14 days of receipt, provided that they have not been used, their marketable appearance, consumer properties, seals and labels have been preserved, and there is a document confirming the purchase (including an electronic one).
7.8. Such Goods are returned to the Seller's shop where they were purchased. If the order was delivered by a courier, the method of handing over the Goods is agreed with the manager. Shop addresses are on the page Contacts.
7.9. The full terms are on the page Returns & exchanges.
8Personal data
8.1. By placing an order, the Buyer consents to the processing of their personal data and the Recipient's data (name, phone number, delivery address, e-mail and, optionally, date of birth) in accordance with the Law of Ukraine “On Personal Data Protection”.
8.2. The data is processed solely for the purposes of fulfilling the order, communication regarding it, delivery and reviewing requests and, subject to separate consent, for reminders of important dates and information about promotions.
8.3. Data is transferred to third parties only to the extent necessary to fulfil the order (to the courier and the WayForPay payment service).
8.4. The Buyer provides the Recipient's data at their own responsibility and confirms that they have the right to do so.
8.5. The Buyer may at any time unsubscribe from mailings and demand the deletion of their data by writing to contact@oda-flowers.com.ua, except for data that the Seller is obliged to keep by law.
8.6. The procedure for processing data is set out in the Privacy policy.
9Liability of the parties
9.1. The Seller is responsible for the quality of the Goods at the moment of delivery and for fulfilling the order within the agreed time slot.
9.2. The Seller is not liable for: incorrect data provided by the Buyer; the impossibility of delivery due to the absence or refusal of the Recipient; the condition of the Goods after delivery and the conditions in which they are kept by the Recipient; the Recipient's emotional reaction to the gift.
9.3. The parties are released from liability for failure to perform obligations caused by force majeure circumstances: hostilities, air raid alerts, missile attacks, power outages, the closure or blocking of roads, decisions of public authorities, natural phenomena. In such a case, the time for performance is postponed, and if performance is impossible, the money is refunded.
9.4. The Seller's liability is limited to the value of the paid order.
10Intellectual property
10.1. All materials on the website — photos of bouquets, texts, design, the logo and the name ODA — belong to the Seller and are protected by law.
10.2. Use of the website materials without the Seller's written permission is prohibited.
10.3. By sending the Seller a photo as a sample of the desired bouquet, the Buyer confirms that they have the right to provide it.
11Term of the Agreement
11.1. The Agreement is valid from the moment of acceptance until the parties have fully performed their obligations.
11.2. The parties shall endeavour to settle all disputes through negotiations; if this is not possible, disputes shall be resolved in accordance with the legislation of Ukraine.
12Seller's details
sole proprietor (FOP) Hryntsov Vladyslav Ihorovych
Taxpayer ID (RNOKPP) 3468711296
Location (registered address): 02225, Kyiv, Arkhitektora Nikolaieva St, building 15-B, apartment 96
Phone: +38 093 758 57 91
(daily 9:00–21:00)
E-mail: contact@oda-flowers.com.ua
Website: oda-flowers.com.ua
Shop addresses are on the page
Contacts
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