Terms and Conditions
The following rules ("Terms and Conditions") govern the use of the Web site located at URL flowers.com.ua and the services offered on the site, and the ability to order products and receive newsletters and promotional emails, and links (collectively, our "Site"). Please read the following Terms and Conditions carefully.
By using our Site, you understand and agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.
Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Flowers Ukraine. Copyright © 2001-2003, ALL RIGHTS RESERVED. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission.
In the event a product (including, but not limited to, flowers, plants and floral arrangements) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
Links and Search Results
Our Site may link to other sites. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using our Site to search for or link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to another site.
Violation of the Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any content on our Site you have provided ("User Content") if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of Flowers Ukraine or another user.
We respect and make efforts to protect the privacy of all users of our Site. IMPORTANT: at any conditions we do not disclose and we do not transmit your personal data to third parties.
We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of Flowers Ukraine. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through this Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
Shipping and Delivery
Flowers Ukraine, in conjunction with our service providers, will attempt to deliver a product on the requested day. Our service providers do telephone prior to delivering packages. We guarantee delivery within 48 hours after reception of the payment, or in the date, specified by you (not less then 24 hours). We deliver from 8am to 9pm local time. Costs of delivery are included in price of any bouquet.
Flowers Ukraine is not responsible for:
Flowers, plants and preserved items delivered to incorrect addresses supplied by the sender.
Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender
Decreased flower and plant quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
Flower and plant quality problems where delivery is delayed due to sender requiring signature upon delivery.
Ordering a photography service at the Flowers Ukraine, you should GIVE RECIPIENT A NOTICE that he(she) will be taken a photograph. In case of recipient's denial to photograph because of any reason, or absence the recipient at the moment of delivery, charge of the photograph service is non refundable.
We will send you a photo as soon as we get it from our representative in the city.
It usually takes 7 days to print the photo.
Flowers Ukraine does not allow orders to be edited or cancelled within forty-eight (48) hours of the requested delivery date, or within the seven (7) days prior to Thanksgiving, Christmas, Valentine's Day or Mother's Day, because of our extremely high volume of orders during these times.
Guarantee and Disclaimers
FLOWERS UKRAINE GUARANTEES THAT ITS FLOWERS, PLANTS AND PRESERVED ITEMS WILL BE FRESH FOR AT LEAST THREE (3) DAYS AFTER DELIVERY, AND THAT IF THEY ARE NOT, FLOWERS UKRAINE SOLE MAXIMUM LIABILITY WILL NOT BE MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT FLOWERS, PLANTS OR PRESERVED ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. CLAIMS UNDER THIS GUARANTEE MUST BE BROUGHT WITHIN SIXTY (60) DAYS AFTER DELIVERY OR FLOWERS UKRAINE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH FLOWERS, PLANTS AND PRESERVED ITEMS.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS.
EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, OUR SITE AND OUR SITE'S USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, FLOWERS UKRAINE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.