- General Regulations
1.1. The following text is a contract between the online service “https://www.sendandsmile.com” (further “Seller”) and the user of the online service (natural person, legal entity, personality) (further “Buyer”).
1.2. This contract defines the conditions of buying flowers and gifts (further “Goods”) by Buyer from the Seller’s website.
1.3. According to articles 633, 641 of the Civil Code of Ukraine, this contract is public, legal and conforms to the verbal agreement.
1.4. According to Article 642 of the Civil Code of Ukraine, the goods payment ordered by the Buyer on the online service means that the conditions specified in this sales contract are fully and unconditionally accepted.
1.5. The following terms in this sales contract have the following meanings:
“Online service” – is a Seller’s website, created for the execution of a retail and wholesale purchase contract after the Buyer receives information using product images on the Seller’s website.
“Seller” – natural person or legal entity who sells the goods.
“Goods” – products that are published and put up for sale on the website https:// www.sendandsmile.com.
“Buyer” – natural person or legal entity who makes an order on the website https:// www.sendandsmile.com.
“Address” – natural person or legal entity, determined by Buyer that would receive the purchase, made by Buyer.
“Consent” – full and unconditional acceptance of the contract terms by the Buyer.
“Order” – some goods from the list of Products, determined by the Buyer while choosing on the website.
- Ordering procedure
3.1. Order formation
3.1.1. Orders on the website https:// www.sendandsmile.com are accepted 24 hours (via phone, İnstagram, Viber, WhatsApp).
3.1.2. The cost of delivery for flowers and gifts may vary depending on the city and the price is reported separately for each individual order.
3.1.3. At the same time, the Seller does not provide services for the goods delivery purchased from the third persons.
3.1.4. If the order made by the Buyer has been fully completed and paid, its preparation is realized by several hours before the dispatch.
3.1.5. If the order was made after 18:00, the ability to dispatch the Goods in the same day is determined by the company’s representatives.
3.1.6. While ordering Buyer have to define exactly his data and the Addressee’s data in accordance with the form proposed by the Seller (incorrect Addressee’s data may prevent the execution of the order within the period specified by the Buyer. In this case, the delivery of the order will be postponed no later than for 24 hours after the payment from the moment when the Buyer provides the correct information about the Addressee).
3.2. Ways to pay for the order
3.2.1. Payment for the order means that the Buyer agrees to the terms of the agreement with the Seller.
3.2.2. The buyer, according to the contract, pays for the goods by sending money to the Seller’s account.
3.2.3. The price of any product presented on the website https://www.sendandsmile.com is actual ehile ordering. If the Seller changes the price, he has to inform the Buyer in the shortest possible time.
3.2.4. The order begins to prepare only after the money comes to the Seller’s account.
3.2.5. The message about the order payment comes to the email address that the Buyer informs when registering on the Seller’s website.
3.2.6. Unregistered Buyer must contact the company management and send a payment receipt to the email@example.com email.
3.2.7. Payment commissions and terminals service fees of are paid by the Buyer.
3.3. Terms of delivery
3.3.1. During ordering the Buyer must specify the details of the delivery (one order, one date, time and address). If you need to congratulate more than one person at different addresses or at different time, you need to make the required number of orders).
3.3.2. The Goods are delivered by contacting the Addressee by phone number, which is indicated by the Buyer in the order form.
3.3.3. If there is no possibility to contact the Addressee, then the Goods are delivered according to the information (address, time, Buyer’s name, etc.) given by the Buyer while ordering. If there is no Buyer at the given address, the goods will, if possible, be delivered to a third persons (relatives, colleagues, neighbors, guards, etc.) If no one takes the order (no one opened the door, the neighbors do not want to take it, the Buyer does not work or does not live at this address) then the order is considered to be delivered, payment is not refunded.
This order can taken after contacting the company number in the Seller’s shop within 24 hours).
3.3.4. Delivery of the order in the fastest way “On the same day” will be realized within 8 hours after the exchange of information about the place of delivery and the order payment.
3.3.5. Paid and completed before 15:00 of the previous day Orders will be delivered before 15:00 of the next day. Orders to the same day are accepted on Mon-Fri until 15:00, Sat-Sun until 12:00.
3.3.6. The buyer can make changes to the order no later than 8 hours before the delivery. (Canceling a ready order is impossible. The buyer can make a new order and pay for it.
In this case, the previous order is considered to be delivered or may be sent to another person at the request of the Buyer.)
3.3.7. During delivery, photographing the Addressee is not guaranteed and is possible only with the permission of the Addressee.
3.4. Delivery of the orders on weekends
3.4.1. Delivery of the orders on weekends like New Year, February 14, March 8, and so on (1 day before or 1 day after the holiday) is available throughout the day. Exact order time is not guaranteed, but Buyer’s wishes about morning, afternoon or evening delivery may be taken into consideration.
3.4.2. Due to excessive activity during the holidays, the delivery confirmation period is 2 workdays, that means that the Buyer may receive a message of the order realization with a delay.
3.4.3. On weekends (1 day before and 1 day after) photos are not guaranteed.
3.4.4. The Addressee must sign the order delivery form in the courier.
3.4.5. There is no guarantee that flowers ordered on weekends will be delivered the same day. Orders made the day before will be delivered at the weekend, but there are no guarantees about the delivery time.
3.5. Surprise order
3.5.1. Surprise order is made without the contact with the person receiving the delivery (when ordering, the Buyer guarantees that the Addressee will be at the delivery address within a mentioned period of time, of at least 3 hours. If there is no Addressee at the mentioned address and the order was not delivered to a third persons (relatives, employees, neighbors, guards), then the order is considered to be delivered.
- Delivery Time
4.1. Delivery time depends on the location of the Addressee (in the city – 3-4 hours, outside the city – determinines by company representatives) on the type of the order (quantity of goods, availability in the stock) and on events, that are not provided and not dependent on the Seller (accidents, weather conditions, traffic).
4.2. If, due to the Sellerэы fault, the order is done incorrectly (if the goods were damaged or the goods were not the Buyer ordered) the same order will be sent for free.
4.3. The order is considered to be delivered at the time when the goods are transferred to the Addressee’s hands/place.
4.4. The order and the agreement between the Seller and the Buyer is considered to be effective from the moment the order is accepted until the moment the order is delivered to the Addressee.
- Ordering and replacement of missing products
5.1. The Seller creates an order in accordance to the requirements of the Buyer.
5.2. If when ordering for any reason there are no certain products available (seasonal flowers, desired color/type) having discussed with the Buyer, the Seller can replace them.
5.3. If it is not possible to discuss the changes with the Buyer (it is not possible to contact the Buyer or there is a big time difference in resident countries), the Seller can make changes (without changing an attractive appearance or color of the bouquet, instead of ordering certain types of flowers, it is possible to substitute it to the flowers or chocolate with the same cost) on his own initiative, informing the Buyer by mail.
5.4. Replacement of goods with flowers and without flowers on holidays (New Year, February 14, March 8) (1 day before and 1 day after) is possible without informing the Buyer.
5.5. Replacement of goods, where are no flowers (cake, toys, sweet bouquets, etc.) can be done on a similar product in the same price category with the Seller’s initiative without informing the Buyer.
5.6. If the type of the toys, baskets or other goods in real life will differ from the image on the Seller’s website, but its cost is equal to the cost of the order, then this is not considered as a mistake and cannot be the reason of re-delivery or return of the order.
5.7. All product descriptions on the website are presented with informational purposes only and may not carry clear information about all the features of the products. (If the Buyer has any questions concerned with Goods, he can contact the company representative before ordering).
- Return of goods and money. Compensation.
6.1. In accordance to the Ukraine Law of Consumer Rights Protection, the Ukraine Civil Code and Ukraine Council Ministers Decree No. 172 dated on March 19, 1994, flowers and gifts (children’s toys, etc.) cannot be exchanged or returned.
6.2. Return of the order is possible if the Buyer within 24 hours, as he received the damaged goods, sends a photo and a complaint to the Seller’s mail firstname.lastname@example.org.
6.3. Wrong order numbers, messages with curses and insults, as well as complaints received 24 hours after receiving the order, are not taken into account.
6.4. If the order has been changed, the Buyer must return it to the Seller in the form in which it was received.
6.5. If the Buyer has personal reasons for returning the goods (allergy or did not like it), the Seller may refuse to replace it.
6.6. If the Addressee refuses to accept the gift during delivery, the Buyer will not refund the money due to the fulfilment of the order.
6.7. If the Addressee does not agree to receive the gift during a phone call, the Buyer will not be refunded because the order has been already formed.
6.8. In other cases, the Seller considers complaints within 10 workdays from the date of receiving and informs the applicant about the results by mail.
6.9. If the order was not fulfilled by the Seller, the Buyer has the right to demand the compensation, not exceeding the order commission.
7.1. Seller ‘Sendandsmile’ is the only owner of this trademark.
7.2. The right to use a trademark and other rights are defined in Articles 2 and 4 in the Law of Ukraine “On Rights Protection of Trademarks in Respect of Goods and Services”.
7.3. According to Article 20 of the Law of Ukraine “On Protection of Rights to Trademarks in Relation to Goods and Services”, violation of the rights of a certificate owner in accordance with Article 16 of the current Law, including a commission without the owner’s agreement to an act of action requiring consent of such deals, is considered to be a right that violates rights to the certificate and requires responsibility according to the current Legislation of Ukraine.
7.4. Violation of the certificate owner’s rights is the use of signs and names in the domain names mentioned in the paragraph 5 of Article 16 of the Law of Ukraine.
7.5. For the legal use of TM, you need to take a permission from the trademark owner (to add any registered product (hereinafter “Product”), packaging containing this product, sign, label, type or other related product to sell goods under this sign, provide import and export, use in commercial documents or through the Internet, including advertising and domain names).
7.6. If entrepreneurs want to use this TM in their work, they can apply by contacting email@example.com.
7.7. The seller has his copyright on a series of photographs, graphic images and his own articles on the website. The Seller publishes photos on the website www.sendandsmile.com to reprsent products and services.
7.8. If the photos on the site www.sendandsmile.com belong to third persons, complaints are accepted by mail – firstname.lastname@example.org
- Validity period of the agreement. Alteration
8.1. Buyers Acceptance of the Agreement certifies the fulfilment of the sale contract.
8.2. The Agreement comes into force from the moment of payment by the Buyer and is valid until the Seller fulfills its obligations due to the Agreement.
8.3. The Seller may change the content of this Agreement on his own initiative at any time without prior informing the Buyer. The current version of the Agreement is always available on the website.
8.4. The Buyer also accepts any changes to this Agreement between the Buyer and the Seller. The Agreement comes into force with these amendments to the Sale Agreement.
9.1. The Seller guarantees the confidentiality of information that the Buyer provides when ordering.
9.2. The seller guarantees that personal information will not be used for selfish ends, for third persons or for spreading spam.
9.3. The Buyer agrees to the personal data processing that is used to identify and correctly denote the Buyer/Addressee that is stored in the Seller’s database while ordering.
10.1. The Seller is responsible for any risk concerned with the lost of Goods or any problems that may occur during delivery to the Addressee.
10.2. The Seller carries the responsibility for the lost and the damage of goods from the moment the goods are delivered to the Addressee, or to another person instead of him.
10.3. The Seller can transmit his obligations and rights in relation to the execution of the order to third persons, without departing from the obligations stated forth in this agreement.
10.4. The Seller is not responsible for the improper using of products, ordered by the Buyer on the website https://www.sendandsmile.com.
10.5. In other cases, the obligations of the Parties are determined in accordance with the legislation of Ukraine.
10.6. The Parties agree that disputes that cannot be achieved through negotiations will be resolved in accordance to the current legislation of Ukraine.
IMPORTANT *** This Agreement comes into force with the order payment.