RETAIL SALE-PURCHASE AGREEMENT
In this Public Offer, the following terms are used in the following meaning:
1. Terms and definitions
1.1. "Buyer" - any person (citizen, individual entrepreneur or legal entity) who places an order (hereinafter referred to as the "Order") for the purchase and delivery of "Flowers", information about which is posted on the "Website", accepts (accepts) this public offer (offer) of the Seller on the conclusion of the Retail Sale-purchase Agreement.
1.3. "Acceptance of the Offer" - full and unconditional acceptance of the Buyer's Offer, by placing an Order on the "Website" and paying for it.
1.4. "Website" - online store lacybird.ru.
1.5. “Agreement” - Retail Sale-purchase Agreement Flowers, bouquets, gift baskets.
1.6. "Product" - designed in accordance with the requirements of the Buyer, using professional floristic skills, a combination of flowers and other plants, special packaging (including baskets, planters, ribbons, etc.), fruits, sweets, decor, soft toys, postcards and other media text, as well as additional gifts that are presented on the Website.
1.7. “Recipient” - the persons indicated by the Buyer accepting the delivered Flowers, Gift Baskets, soft toys.
1.8. "Order" - a Buyer's application for the purchase and delivery of a Product, which is executed on the Seller's Website, which contains information agreed by both Parties on the quantitative and qualitative characteristics of the Product, as well as the time and place of their delivery. The list of information to be agreed upon by the Parties to the Agreement when placing an Order is determined by clause 2 of the Offer. The Buyer can place an Order on the website of the online store or through the operator by calling the numbers indicated on the website, under the terms of this public offer. The Buyer, when placing an Order for the purchase and delivery of the Product, information about which is posted on the Website, accepts (accepts) this public offer (offer) of the Seller to conclude a Retail Sale-purchase Agreement. The offer to conclude a Retail Sale-purchase Agreement is valid for any Flowers (and other Product) (except for seasonal ones) for the entire period of time while information about the corresponding Flowers is posted on the Website.
From the moment of confirmation of the Order for the purchase and delivery of the Product, executed in accordance with the rules posted on the Website, between the Seller and the Buyer, a Retail Sale-purchase Agreement has been concluded on the following:
2. Subject of the Agreement
2.1. The Seller undertakes to conclude the Agreement in accordance with the current price list and catalogs published on the Website, and arrange for the delivery of the Product to the Recipients, and the Buyer undertakes to pay for the Product under the terms of this Agreement. The quantity and name of the Product is determined by the Buyer Order issued in accordance with the rules posted on the Website.
2.2. The total amount of Buyer's order (hereinafter referred to as the "Order Amount") includes the purchase price of the Product, postcards and other related products, as well as the cost of delivery to the persons specified by Buyer.
2.3. If Buyer specifies remote delivery areas or rare (seasonal) Flowers when placing an Order, the final price and other terms of the contract are agreed by phone or e-mail.
2.4. Products are to be delivered to the Recipient at the address specified in the Order. The term of execution of the Buyer order depends on the type of Product (bouquets and flower arrangements, wedding bouquets, exclusive baskets), delivery conditions (delivery during business hours, delivery on holidays and pre-holiday days, delivery after hours), on the place of delivery, service area. A detailed description of the terms of delivery of Product to Recipients is presented in the "Delivery" section.
2.5. When registering (placing) an Order on the Seller's Website, the Buyer undertakes to provide the following registration information about itself and the Product Recipient:
- last name, first name (in Russian), city, country, e-mail address, contact numbers;
- last name, first name (in Russian) of the Product recipient, actual delivery address, contact numbers, delivery wishes.
2.6. The Seller is not responsible for the content and accuracy of the information provided by Buyer when placing an Order, including for the personal data specified by him.
2.7. The Seller has the right to involve third parties for the execution of Orders, while remaining responsible for their actions to the Buyer and the Recipient.
2.8. Separately, we draw your attention to the fact that it is desirable to place an order in advance - at least one day before the date of delivery. At the same time, if you need urgent delivery, you need to report this when placing an order, and then we will fulfill it on the day of the request. In addition, before placing an order, we recommend that you contact our manager who will answer all your questions and also advise on the availability of the Product.
2.9. Work on holidays: March 6,7,8, February 13,14, Mother's Day. We do not deliver by the specified time, due to the large number of applications. These days we deliver within a day.
2.9.1. On holidays: March 6, 7, 8, February 13, 14, Mother's Day, in exceptional cases, changing the color of roses in a bouquet can be carried out without agreement with the client for timely delivery.
2.10. When placing an order in the online store, Buyer agrees to the processing of his personal data (including last name, first name, patronymic, address of the subject of personal data) in accordance with Art. 3, Art. 9, art. 15 of the Federal Law "On Personal Data" dated July 27, 2006 for the purpose of sending out catalogs, information about promotions and special offers. Buyer's consent to the processing of personal data is provided without limitation of its validity period.
2.11. The Buyer, who indicated his mobile phone number when placing an order in the Online Store, by the specified action agrees to receive SMS mailings of advertising and information content by such mobile phone number.
3. Rights and obligations of the Parties
3.1. The seller is obliged:
3.1.1. Arrange, with the involvement of third parties, the delivery and transfer of the Product to the Recipient in accordance with the Order accepted for execution.
3.1.2. If the “gift delivery photo” service is ordered, send the photo to the email address specified when placing the Order within 3 (three) working days from the date of delivery of the Product. The Seller is released from obligations under the service "photo of gift delivery" in case the Recipient refuses to take pictures.
3.1.3. In case of inadequate Product quality, take actions to ensure satisfaction of Buyer's requirements related to inadequate Product quality: return all or part of the amount of money Buyer paid for the Product, or arrange for redelivery of Good Quality Product to the Recipient. After providing photos to the Buyer about the quality discrepancy of the goods.
3.1.4. After the transfer of the Product to the Recipient, inform the Buyer about the completion of the execution of his Order by means of an SMS message or a call to the phone number or e-mail address indicated by the Buyer when placing the Order. If no objections are received from the Buyer within 3 (three) days after the Seller sends the Buyer notification of the completion of the Order, the Seller's obligations under this Agreement are considered fulfilled.
3.1.5. If the Recipient refuses to accept the Product or is absent from the place of delivery at the time agreed in the order, the person delivering the Product is obliged to accept the Product for safekeeping with notification to the Buyer by phone or email specified when placing the Order. The Product Buyer accepted for safekeeping within a day from the moment of their acceptance for storage is obliged to independently receive it at the time and place specified by the Seller, unless a different period is agreed by the Parties, or agree on a new delivery time subject to a re-delivery payment in the amount of 400 rubles. within the city. After the expiration of the specified period, the Agreement is considered executed with a deduction of 50% (Fifty percent) of the cost of the Product.
3.2. The seller has the right:
3.2.1. Withhold the full cost of the Order if Buyer indicates a non-existent or incomplete address of the Recipient, except when, by agreement of the Parties, Buyer pays for repeated delivery (in the amount of 400 rubles within the city) of the Product to the specified address.
3.2.2. Deliver the Product to an address other than the one specified in the Buyer Order, subject to the agreement of the new address and delivery time with the Recipient.
3.2.3. Refuse delivery without returning the paid Order Amount, or, by agreement of the Parties, receive from Buyer an additional payment for the cost of delivery or the cost of the Product, if Buyer indicates the wrong location of the Recipient.
3.3. Buyer is obliged:
3.3.1. Make payment for the Order Amount before the Product is delivered to the Recipient in accordance with the terms of the Buyer's Order. Payment for the ordered Product Buyer has the right to make one of the following methods described in the "Order Payment" section at https://lacybird.ru/help/
3.3.2. Reimburse the Seller for any additional costs incurred through the fault of the Buyer before the Seller fulfills its obligations.
4. Additional terms
4.1. This Agreement comes into force from the moment the Seller receives the Buyer Order and is valid until the Parties fully fulfill the obligations stipulated by the Agreement and arising from it.
4.2. When placing an Order, Buyer certifies that the terms of this Agreement and other terms and conditions specified in the Website at lacybird.ru. At the time of the conclusion of the Agreement, they are accepted by him without any objections and correspond to his actual will as a Buyer. When placing an Order, Buyer understood the meaning of the terms, words and expressions used in this Agreement in accordance with their legal definition and (or) interpretation in accordance with the legislation of the Russian Federation.
4.3. What difficulties can arise when delivering gifts?
The most common problems that may arise during the delivery of goods include the following:
The recipient was absent for a while on his own business. In this case, the courier calls him up, finds out after what time he will arrive at the specified address, waits for him and hands over the gift.
The intercom in the house where the Recipient lives does not work;
The door is not opened for the courier.
In case of difficulties, the Contractor contacts the Buyer, and he names the time and address when and where it is more convenient for him to deliver the bouquet of goods. Re-delivery is paid additionally in the amount of 400 rubles. within the city (see clause 3.1.5.)
5. Composing a bouquet and replacing flowers
5.1. The bouquet (basket) that Buyer has chosen in our catalog will be made by florists as similar as possible to the photo from the site. But we want to pay attention that all bouquets (baskets) are made by hand by florists, so there may be a slight deviation in shape from the photo presented on the site.
5.2. If the warehouse does not have the necessary flowers, fruits, and other components, which happens very rarely, our manager contacts Buyer by phone specified in the application and offers options for replacing the goods.
5.3. In the event that we are unable to contact Buyer by phone and e-mail, our florist will make a bouquet with the replacement of the missing goods with equivalent ones in quality and value. At the same time, the color scale chosen by you is completely saved. This allows us to deliver the gift without delay.
5.4. If the Order is urgent - “to the same day”, and there are no components in stock, and delivery is needed immediately, our florists select similar, as similar as possible products and make a bouquet (basket) of them. In this case, the cost of the Product remains the same, and it has the most similar design to the original.
5.5. If the Buyer, when placing an order, did not indicate the desired color of roses, tulips and any mono arrangements, and it is not possible to contact him for any reason, then in order to complete the order on time, the bouquet is collected in the color scheme chosen by the florist.
RETURN AND EXCHANGE OF CUT FLOWERS AND POTTED PLANTS
Flowers are a living commodity. The relationship between the Buyer and the Seller shall be governed by the law of the Russian Federation.
In accordance with the Law of the Russian Federation "On Protection of Consumer Rights" dated February 7, 1992 No. 2300-1 (as amended on October 25, 2007) and the Decree of the Government of the Russian Federation No. 55 dated January 19, 1998 (as amended on March 27, 2007) cut flowers and potted plants are non-returnable and non-refundable (listed in the List of Good Quality Non-Food Goods Not Refundable or Exchangeable).
The Buyer of the online store has the right to refuse to receive the goods at the time of delivery if the goods are delivered of inadequate quality (based on clause 3 of article 497 of the Civil Code of the Russian Federation, article 21 of the Law "On Protection of Consumer Rights").
When paying for goods with a bank card, a refund is possible only to the card with which the transaction was made; after an electronic payment, it is impossible to issue a refund in cash. Terms of enrollment can vary from 3 to 40 working days, depending on the Bank.
Details of the Seller
Online store lacybird.ru
Tel. +7 (962) 934-87-18
+7 (962) 934-87-18 (Whatsapp)
Email address order@lacybird.ru