1. General Provisions
1.1. The present Agreement is a Contractor’s official Offer to conclude an Information Services Agreement with any individual, hereinafter referred to as the “User”. The Agreement to be signed based on the terms specified in the text of the Agreement. The offer is accepted by clicking a button or putting a tick, or in some other way of accepting the terms (agreeing to the terms) of the Agreement. Acceptance of the Offer means familiarization and complete, unconditional and peremptory consent of the User with the terms and requirements specified in the Offer. From the moment of accepting the Offer, the Information Services Agreement between the Contractor and the User is considered as signed and its terms are subject to mandatory execution by the Parties.
1.2. The terms of the Agreement have the following meaning:
1.2.1. Website is a website owned by the Contractor and located at: https://kiev.flowers-24h.com/
1.2.2. Website Administration is a Contractor or third parties acting on behalf of the Contractor to ensure the Website operation.
1.2.3. User – any individual or any people using the Website, irrespective of whether the Website is used collectively or individually.
2. Subject of the Agreement
2.1. The subject of the Agreement is to provide the User with the opportunity to buy the Goods presented in the catalogue of the Website at https://kiev.flowers-24h.com/ for personal, family, household and other needs not related to the entrepreneurial activities.
2.2. The price of the Goods, the delivery procedure and other order details are published by the Contractor on the Website. At the same time the Contractor has the right to independently at his/ her discretion change any characteristics of the Goods and the delivery procedure without prior agreement with the User.
3. Rights and obligations of the Parties
3.1. User rights:
3.1.1. After registration, the User gets the right to independently use the Website for personal non-commercial purposes.
3.1.2. The User has the right to refuse using the Website and delete the account at any time. The Website Administration is not responsible for the deletion or loss or personal data of other Users of the personal site.
3.1.3. The User has the right to contact the Website Administration with questions, wishes and suggestions regarding the Website operation and its functionality.
3.1.4. In case of any misunderstandings when using the Website or malfunction in the Website operation, the User has the right to contact the Website Administration with requests to eliminate them at email@example.com
3.1.5. The User has the right to use the Website only for personal purposes without getting any material benefit.
3.2. User obligations:
3.2.1. To follow the provisions of the current legislation of Ukraine, the present Agreement and other special documents of the Website Administration.
3.2.2. To provide reliable, complete and up-to-date data at the time of registration and monitor its actualization.
3.2.3. To inform the Website Administration about unauthorized access to the account if such access is detected.
3.2.4, Not to provide access to other users to one’s own account and personal website or to certain information contained on it if this can lead to a violation of the legislation of Ukraine and/ or this Agreement.
3.2.5. In case of copying the materials from the Website, the User is obliged to provide a link to the Website where the relevant materials were taken from.
3.2.6. Not to transfer rights and/ or obligations under the present Agreement, including transfer of the right (opportunity) to use the User’s account, to access the Services to third parties, unless otherwise expressly approved by the Website Administration.
3.3. Contractor’s rights:
3.3.1. The Contractor has the right to collect, process and store the User’s personal data in accordance with the requirements of the current legislation of Ukraine. The Website Administration processes the User’s personal data in order to provide the User with access to the Website functionality, check, research and analyze the data which allows to maintain and improve functionality and sections of the Website, as well as to develop new functionality and Website sections. The Website Administration takes all necessary measures to protect the User’s personal data from unauthorized access, modification, disclosure or destruction. At the same time, the Website Administration cannot guarantee protection against unauthorized access, modification, disclosure or destruction in cases of force-majeure specified in clause 6.3 of this Agreement.
3.3.2. The Contractor has the right to dispose of statistical information connected with the Website operation, as well as of the User’s information to ensure targeted display of advertising information of Website users. For the purposes of organizing the functioning and technical support of the Website and execution of this Agreement, the Contractor and the Website Administration has the technical ability to access the Users’ personal pages in cases specified by the present Agreement only.
3.3.3. The Contractor has the right, independently or with the involvement of third parties, to send User information about the Website development and its functionality, as well as to advertise its own activities.
3.3.4. The Contractor has the right to post links on the Website to access blogs and related websites at its sole discretion. At the same time, the Contractor is not responsible for the accuracy and objectivity of the information posted on the linked sites, as well as for any actions of the User on the linked sites and their consequences. By performing the actions specified in clause 1.2 of this Agreement, the User confirms that he/ she understands and accepts responsibility for the use of linked sites.
3.3.5. If necessary, the Contractor has the right, at its discretion, to disclose and transfer information and materials of the User in the manner and on the grounds provided for by the current legislation of Ukraine.
3.3.6. The Contractor reserves the right, at its discretion and without prior notice, to prohibit the User from accessing the Website and to close the User’s account and all the files associated with it. By accepting the terms of this Agreement, the User agrees that the Contractor will not carry responsibility to the User or third parties in case of termination of access to the Website, and is not obliged to provide the User with access to such information after the account is closed.
3.3.7. The Contractor has the right, without prior notice to the User, at its own discretion, to change the appearance and functionality of the Website, including, but not limited to, making changes to the list of services provided by the Contractor, changing the graphic elements and design of the Website, changing the procedure of registration and using the Website, changing the name and Website address.
3.4. Contractor obligations
3.4.1. When providing services under this Agreement, the Contractor is obliged to follow the provisions of the current legislation of Ukraine and this Agreement.
3.4.2. The Contractor is obliged not to transfer the Users’ personal data to third parties, except for those that ensure the Website operation and development.
3.4.3. The Contractor ensures the Website functioning and workability and undertakes the responsibility to promptly restore its workability in cases of technical failures and interruptions. The Contractor is not responsible for temporary disruptions and interruptions in the Website operation and the loss of information they caused. The Administration is not responsible for any damage to the computer of the User or another person, mobile devices, any other equipment or software caused by or associated with downloading materials from the Website or via links published on the Website.
5.1. In case of non-fulfillment or improper fulfillment of obligations, the Parties shall carry responsibility provided for by the current legislation of Ukraine.
5.2. The User is solely responsible for the confidentiality of personal data he/ she enters on the Website.
5.3. The User is personally liable to third parties for publishing any personal data or information about the life of third parties in case this information is published by the User without their knowledge.
5.4. The User is responsible for all actions taken in his/ her account and using his/ her login and password.
6.1. The Contractor ensures the security of the Website functioning.
6.2. By performing the actions specified in clause 1.2 of this Agreement, the User confirms that he/ she understands and acknowledges that the Contractor uses the Website “as is” and does not provide any guarantees related to the operation of the Website, included, but not limited to: suitability of the Website for any specific purposes of the User not listed in clause 2.1. of this Agreement, Website operation without violations, delays and malfunctions, or for actions, materials, information or third parties’ data.
6.3. The parties are exempt from liability for violation of the terms of this Agreement if such violation is caused by force majeure (force majeure circumstances). The Parties agreed that in particular such actions are the actions of state authorities, local government, fire, flood, earthquake, other disasters, absence of electricity and/ or computer network failures, strikes, civil unrest, unplanned changes in algorithms by the social networks’ administration, global outages in the operation of the relevant Internet segments, routing system failures, failures caused by hackers and DDOS attacks, and computer viruses. In case of force majeure circumstances, the deadlines specified in this Agreement, are postponed for the period while the circumstances continue.
7. Intellectual property rights
7.1. All the objects published by the Administration on the Website, including design elements, text, graphics, illustrations, videos, scripts, music, sounds and other objects and their selections, computer software, databases, source codes and other objects created by the Contractor for the Website functioning and development, are objects of the exclusive intellectual property rights of the Contractor and the Website Administration. All the rights for these objects are reserved,
7.2. The use of intellectual property of the Contractor and the Website Administration without obtaining the Contractor’s permission is prohibited, including the User does not have the right to:
* in any way modify and create derivative products, demonstrate, publicly reproduce, distribute the Website content or otherwise use it for any public or commercial purposes;
* delete, hide or otherwise distort the instructions of the copyright holder, including notices of any intellectual property rights from any Website content;
* decompile, disassemble or in any other way try to extract the source code of the software that is a Website element;
* distribute, complicate, sell, sublicense, or use the software that is a Website element, or in any other way transfer the rights for such software;
* use software mistakes (the User is obliged to immediately inform the Website Administration about them at the address specified in section 9 of this Agreement), interfere with the program code, get an unauthorized access to the computer system, obtain new access to the database of Users or the Website material without proper permission.
7.3. By performing the actions specified in clause 1.2 of this Agreement, the User confirms that he/ she uses intellectual property objects only. The burden of proof that publishing of the materials on the Website does not violate the rights of third parties for the published materials lies with the User.
7.4. The Website Administration is not responsible for the misuse of the User’s intellectual property by third parties.
8.1. Cookies are small text files stored on your computer, tablet or mobile phone. When you visit a website, cookies allow the website to “remember” you and your preferences in order to improve the quality of your website experience.
8.3. Most browsers allow you to view, delete and block cookies from websites; please note that deleting all cookies will reset your settings, including the option to reject cookies, as its function itself requires the availability of an appropriate opt-out cookie on your device.
9. Final provisions
9.1. This Agreement constitutes an agreement between the User and the Contractor regarding the procedure for using the Website and its functionality and replaces all previous agreements between the User and the Contractor if they exist.
9.2. This Agreement is governed by and understood in accordance with the legislation of Ukraine. Issues which are not regulated by this Agreement are subject to resolution in compliance with the legislation of Ukraine.
9.3. In case of any disputes or disagreements related to the execution of this Agreement, the User and the Contractor will make every effort to resolve them through mutual negotiations. In case the disputes are not resolved through negotiations, disputes are subject to resolution in the manner prescribed by the current legislation of Ukraine.
9.4. This Agreement comes into effect for the User from the moment he/ she joins it, from the moment he/ she accepts the Offer, and is valid for an indefinite period,
9.5. This Agreement is drawn up in Russian and published on the Website. If changes are made to this Agreement, they become valid from the moment of publishing on the Website.
9.6. By accepting this Offer, the User accepts all the terms and undertakes responsibility to use the Website in the manner prescribed by this Agreement and by the current legislation of Ukraine.
9.7. Any changes made to this Agreement are published on the Website. The use of the Website is always governed by the latest version of this Agreement published on the Website,
Thus, the Contractor recommends the User to familiarize himself/ herself with the changes made to this Agreement which can be made since the User’s last visit to the Website. By continuing to use the Website after making the changes to this Agreement, the User hereby confirms that he/ she is familiar with the terms of the Agreement and agrees to them.