Terms & Conditions

This Public offer is an official proposal, Avitalflowers.com (hereinafter "Contractor") regarding the Contractor's provision of «sales and delivery of flowers, bouquets and gifts» (hereinafter "Service") and expresses the intention of the Executor to conclude the Contract of a Public offer for the provision of «selling and delivering flowers, bouquets and gifts» under the conditions of this Offer.

1. DEFINITIONS AND TERMS

1.1. For the purposes of this Public offer, the terms listed below are used in the following meaning:
Public offer — this document for the provision of services «sale and delivery of flowers, bouquets and gifts»
Publication — placing a document in the public domain on the Internet at the address specified in the Offer.
Order - is a set of ordered flowers, bouquets and gifts with delivery to Recipients, in relation to which, after the public offer Agreement is issued, the Service is rendered in accordance with the terms of the order agreed by the Customer. When an order is placed by a Contractor, it is assigned a unique number.
"Delivery of flowers, bouquets and gifts" — services of the Contractor for the delivery of flowers, bouquets and gifts, on the terms and conditions in accordance with this Public offer.
Offer acceptance — full acceptance of the Public offer, by performing the actions specified in paragraph 7.1. the Public Offer.
Customer — a natural or a legal person who has accepted the Offer. The buyer of the service "delivery of flowers, bouquets and gifts" is the Customer, in accordance with the concluded agreement of the Public offer.
Bouquet — any flowers, a bouquet of flowers or a composition in a basket selected by the Customer from the offered range of products in the Contractor’s online store.
Public offer agreement — a contract for the provision of services between the Customer and the Performer in respect of a certain bouquet, flower arrangement, or gifts, which is concluded by accepting this public Offer. A flower arrangement or gift for which a public Offer Agreement has been concluded becomes an integral part of the public Offer Agreement.
1.2. In this Offer can apply terms that are not defined in paragraph 1.1 of this Offer. Then the interpretation of this term is based on the text of the Offer.

2. SUBJECT OF THE OFFER

2.1. The subject of the Offer is considered to be the paid provision of Services "delivery of flowers, bouquets and gifts" by the Contractor to the Customer, under the terms of this public Offer.

3. THE CONDITIONS FOR SERVICE

3.1. A mandatory condition for the provision of Services by the Contractor under the Offer is the consent, compliance and application of the requirements and conditions defined by the Contractor in relation to the parties to the Offer Agreement.
3.2. Services provided solely in respect of the Order:
3.2.1. for which the Contractor has confirmed the possibility of placing this Order based on the conditions that can be fulfilled for a specific Order. The service provider has the right to refuse the Customer to place an Order at its own discretion. In this case, a notification about the refusal to provide services is sent to the Customer's email address. The money is returned to the Customer;
3.2.2. for the Customer, which made the Acceptance of the Offer;
3.2.3. the Service "sale and delivery of flowers, bouquets and gifts", paid for on the terms of prepayment by the Customer.
3.2.4. the Company reserves the right not to place texts on postcards that offend the feelings, honor and dignity of a person, contain profanity, or texts of an offensive nature.
3.3. the Services are provided in accordance with the Order made by the Customer, according to the established forms, including the phone number on the website https://avitalflowers.com

3.4. The date of delivery.
3.4.1. Delivery is made on the date specified by the Customer. Delivery on the day of placing the order is made if the order was created before 14.00 at the time of the locality where the delivery is made, and if the current delivery date is open for the order.
3.4.2. If the order execution requires agreement with the customer, it is possible to postpone the delivery date until the issues are resolved.

3.5. The time of delivery.
3.5.1. Delivery is made to the address specified in the order during the day, without prior call to the Recipient. If the Recipient is not at the specified address at the time of delivery, florists contact the Recipient at the phone number.
3.5.2. If the Recipient's phone number is specified incorrectly in the order or the Recipient does not respond within the time specified for delivery, the Contractor contacts the Customer and asks them to specify a different phone number or change the delivery time, and the delivery time may be changed by more than 24 hours.
3.5.3. due to the large number of orders, the Contractor does not deliver flowers at the exact time, as well as surprise delivery on holidays (international women's day, February 14, Mother’s Day, December 30 and 31, January 1). On these days, delivery is carried out during the day and only after a preliminary call to the Recipient. If the order was placed at least one day before the holiday date, delivery is possible according to the Customer's wishes: in the morning (from 9:00 A.M. to 3:00 P.M.) or in the afternoon (from 3:00 P.M. to 10:00 P.M.).
3.5.4. The recipient of the Product must receive the delivered Goods within 10 minutes of the Courier's arrival at the delivery address. Repeated check — out and waiting for the courier more than the specified time at the address-paid.

3.6. The delivery Address.
3.6.1. The delivery Address is specified when placing an order or specified by the Recipient when calling the Contractor, when delivering by the Recipient's phone number.
3.6.2. If the delivery type "Specify address and time of delivery" is selected in the order, the Contractor calls the Recipient and specifies the recipient's ability to accept the surprise, as well as the time and address of delivery that is convenient for Him. This saves the surprise effect — information about the Customer and the delivery item is not communicated to the Recipient. Priority will be given to the delivery time and address specified by the Recipient.
If the Recipient is located at a different address than the address specified by the Customer, delivery to a different address is only possible within the locality that matches the primary delivery address. By agreement of both parties to this public offer, delivery to remote areas located outside the locality is possible after the Customer pays the cost of such delivery.
The delivery cost indicated on the site can be changed in the following cases:
  • Delivery to a remote area of the city or beyond;
  • Incorrectly specified locality when placing an order;
  • The recipient is located at a different address than the address specified in the order.
The Customer is responsible for the correctness of the Recipient's data (name, phone number, delivery address).
3.6.3. When delivered by surprise, or if the order did not specify the Recipient's phone number — in case the delivery is not made due to inaccurately specified address, absence of the Recipient at the specified address in a specified period of time or other circumstances impeding delivery of bouquet (security, access control system), the Contractor returns the bouquet to the salon. There is no surprise delivery to remote areas.
3.6.4. In the event of failure of the Recipient to accept the bouquet, the bouquet is returned by the Contractor to the salon.
3.6.5. Repeated delivery is paid separately by the Customer.
3.6.6. After 24 hours from the date of unsuccessful delivery, the bouquet and delivery are paid again, since the flowers have a limited shelf life.
3.6.7. Repeated delivery of the made composition of fresh flowers to another address is possible only within the locality of primary delivery.
3.6.8. If the Contractor is unable to contact the Customer by phone or email in case of unsuccessful delivery, the order is considered fulfilled.
3.6.9. If the Recipient is not present at the time of delivery, the courier leaves the order at the front door or at the hotel reception. The courier only contacts the recipient in an emergency.

3.7. Recipient's Contact phone number.
3.7.1. Delivery is made to the address specified in the order during the day, without prior call to the Recipient. If the Recipient is not present at the time of delivery, florist contacts the Recipient at the specified local phone number.
3.7.2. The Contractor recommends that you specify the Recipient's contact phone number in special cases: if the Recipient is not in place, there are difficulties with delivery or you need to specify the location, the Contractor makes a call to the Recipient, while the effect of surprise is preserved, information about the delivery item and the Customer is not disclosed by the Contractor.
3.7.3. If the Recipient's phone number is specified incorrectly, or the Recipient does not respond within the time specified for delivery, the Performer contacts the Customer and asks them to specify a different phone number or change the delivery time, and the delivery time cannot be changed for more than 24 hours (the time for storing the collected composition).

3.8. The preparation of the bouquet and replacing the flowers.
3.8.1. The Bouquet chosen by the Customer in the Contractor's catalog is made by the Contractor as similar as possible to the photo from the site. The performer draws attention to the fact that all bouquets are made by hand by florist, so there may be a slight deviation in form from the photo presented on the site. The bouquet is made according to the composition specified in the "Composition" section - in the product card. Decor elements in the completed bouquet may also differ from the sample, since the range of salon is constantly changing.
3.8.2. If the required flowers are not available in the Contractor's warehouse, the Contractor contacts the Customer by phone or e-mail specified in the application and offers options for replacing flowers. If the replacement of the components of the bouquet is insignificant and can be made without visible significant changes to the bouquet, the Performer makes such a replacement without the consent of the Customer.
3.8.3. In that case, if the Contractor cannot contact the Customer, the Contractor is the bouquet with the replacement of missing flowers to equal them in quality and value. At the same time, the color scheme chosen by the Customer is completely saved. This allows the Performer to complete the order without delay.
3.8.4. If the Contractor's warehouse does not have the necessary flowers and the Customer does not agree to the proposed replacement, the Contractor shall refund the money paid for the order.
3.8.5. Replacement of flowers on public holidays (international women's day, February 14, Mother’s Day, December 30 and 31) can be made by the Contractor independently, without the consent of the Customer. The cost of replaced products is greater than or equal to the amount paid by the Customer.
3.9. Recipient's refusal to accept the bouquet.
3.9.1. If the Recipient refuses to accept the bouquet that was delivered for them by the Performer, the bouquet is returned to the Performer's salon.
The contractor communicates with the Client. Money for this order will not be refunded. Within 24 hours after a failed delivery the Customer is entitled to specify a different delivery address within the village primary delivery, or other transferee, in this case delivery is made by the Contractor to another Recipient at a different address of delivery. The cost of repeated delivery in this case is paid separately.
3.9.2. If the Contractor does not reach the Customer, the order is considered completed.
3.9.3. if the Recipient refuses to accept the bouquet, the Customer has the right to pick up the already made bouquet from the Contractor's salon within 24 hours from the date of unsuccessful delivery.

3.10. Delivery report.
3.10.1. The Contractor will inform the Customer about the delivery is made by means of a letter emailed to the Customer. The notification is sent after the Performer has handed the bouquet to the Recipient.
3.10.2. A report on the implementation of the order may come with a delay because of the heavy workload couriers of the Contractor, especially during the holidays.

3.11. Payment for a flower delivery order.
3.11.1. To pay for a flower delivery order, the Customer can use any method specified on the website https://avitalflowers.com
3.12. The Contractor reserves the right to unilaterally terminate the Offer Agreement or suspend the execution of the Order if the cost of Services for the Order exceeds the amount received from the Customer.
3.13. The Customer cannot transfer the rights under the Offer Agreement to any third party.
3.14. Samples of flower arrangements and bouquets provided on the site are only options for performing works.

4. CUSTOMER'S OBLIGATIONS

The customer undertakes to:
4.1 Fill in all fields of the Order form on the website Correctly https://avitalflowers.com or inform the specified data by phone to the Contractor.
4.2. Comply with the requirements and norms of current legislation.
4.3. Place an Order through the appropriate section on the Contractor's website on the Internet or by calling phone number listed on the site
4.4. Pay for the service to the Contractor under the Offer Agreement.
4.5. Do not place texts on postcards that offend the feelings, honor and dignity of a person, contain profanity, or texts of an offensive nature.

5. PAYMENT TERMS

5.1. Payment for Services is made to Customers before the end of the Acceptance period.
5.2. The Customer pays for the Services in the amount of 100 (one Hundred) % of the advance payment, from the cost of certain Services.
5.3. The price of the "sale and delivery of flowers, bouquets and gifts" includes all fees, taxes, etc.
5.4. Payment for Services via online payment is made in in the currency selected by the Customer, using the Contractor's Bank details.
5.5. The Services are paid for by the Customer from the moment when the Contractor received confirmation of payment crediting.

6. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE OFFER AGREEMENT

6.1. the Customer accepts the Offer using prepayment for the Contractor's Services, in part of which the Offer Agreement is concluded, during the Acceptance period, subject to the terms the Offer.

7. CHANGES TO THE TERMS AND VALIDITY OF THE OFFER

7.1. The offer comes into force from the moment it is published on the Internet at https://avitalflowers.com and is valid until the offer is withdrawn by the Contractor.
7.2. The Contractor reserves the right to change the terms of the Offer or withdraw the Offer at its own discretion.

8. TERM AND MODIFICATION OF THE OFFER AGREEMENT

8.1. The acceptance of the Offer by the Customer, made before the end of the Acceptance period, is the conclusion of the Offer Agreement on the terms of the Offer.
8.2. The Offer Agreement is considered concluded from the moment of acceptance of the Offer by the Customer and is valid until the Performer completes the Order, or until the termination (termination) Of the Contract.
8.3. If the Contractor withdraws the Offer, the Offer Agreement is considered completed from the moment of its withdrawal.

9. TERMINATION OF THE OFFER AGREEMENT

9.1. The Customer may terminate the Offer Agreement if the Contractor has violated the relevant Offer Agreement or current legislation.
9.2. The Contractor, at its sole discretion, may terminate the Offer Agreement at any time, and must notify the Customer of this. From the moment the Contractor sends a notice of termination of the Offer Agreement, this agreement is terminated.

10. ORDER CANCELLATION AND REFUND MONEY

10.1. The Customer may cancel the Order by calling phone number listed on the website https://avitalflowers.com/, subject to the provisions of clause 10.2. of this offer.
10.2. The order cannot be cancelled if the arrangement has already been collected by the Contractor and prepared for delivery to the Recipient. In this case, the money is not returned, since flowers are perishable goods.
In all other cases, when the order is canceled, the Contractor retains 10% of the order price, and the remaining amount is returned to the Customer.
10.3. To return money, the Customer must fill out the "Application for a refund" and send it to: info@avitalflowers.com Funds are considered returned from the moment they are debited from the account or e-wallet (depending on the refund method) Executor's. The contractor makes a refund within 10 banking days from the date of receipt of the application from the Customer. The funds are returned to the buyer within 35 business days, depending on the Bank issuing the Customer's card.
10.4. The Period for reviewing the Application and returning funds to the Customer begins to be calculated from the moment the Contractor receives the Application and is calculated in working days excluding holidays/weekends. If the application was received by the Contractor after 18.00 on a business day or on a holiday/weekend, the next business day is considered the moment when the Contractor receives the Application.
10.5. If the completed and paid order was not delivered due to the Contractor's fault, the funds are returned to the Customer in full.
10.6. If the Order is delivered to the Customer of improper quality, the Customer provides the product to the Contractor's studio as soon as possible (up to 24 hours) to check the quality of the product.
The amount paid by the Customer for Item of improper quality is subject to refund to the Customer within 10 calendar days from the date of submission of the corresponding claim. The refund method is the same as the payment method. A refund to a Bank card is made only to the card from which the payment was made.
10.7. Plants (including flowers) are not subject to exchange and return, but, at the discretion of the Performer, the composition or bouquet can be replaced. At the same time, it is a right of the Performer, and not a responsibility.

11. CONFIDENTIAL INFORMATION

11.1. The Contractor undertakes not to disclose the Customer's data specified during registration on the site https://avitalflowers.com and when placing an Order, to persons who are not related to the execution of the Order.

12. OTHER TERMS AND CONDITIONS

12.1. The Offer Agreement, its conclusion and further execution are regulated in accordance with the current legislation. All issues that are not resolved by this Offer or are not fully resolved are resolved in accordance with current legislation. In case of disagreements between the Customer and the Contractor regarding the relations of the Contract, the Offers that cannot be resolved through negotiations between the parties shall be settled in accordance with the procedure provided for by the current legislation. All legal proceedings are conducted at the location of the Customer.
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