Public offer

The information provided below is an official offer (public offer) from the online store Kvitobar.com.ua (the “Executor”) to any legal or natural person regarding the conclusion of a contract for the provision of Services (hereinafter referred to as the “Contract”) under the terms set forth in this Offer. The specified contract is public, meaning that, according to Article 633 of the Civil Code of Ukraine, its terms are identical for all consumers.

1. GENERAL PROVISIONS

1.1. According to the Civil Code of Ukraine, in the event that the terms set forth in this Offer are accepted and the Executor’s services are paid for, the natural or legal person accepting this Offer becomes the “Client” (acceptance of the offer is equivalent to concluding a Contract under the terms set forth in the Offer).

1.2. The Client accepts the offer by placing an order and paying for the Executor’s services. The order can be placed on the website, by phone, via Viber, WhatsApp, Telegram, through the online chat on the website, or by any other method convenient for the Client.

1.3. The Executor disclaims responsibility for any direct or indirect damage/losses (including moral harm) that may be caused as a result of fulfilling the Client’s order (e.g., the Recipient’s allergy to flowers or food products (if included in the order), a quarrel between the Client and the Recipient due to the order or its specifics, etc.).

1.4. In light of the above, please read the text of this Offer carefully. If you disagree with any point of the Offer, the Executor suggests that you refrain from ordering its Services.

2. SUBJECT OF THE CONTRACT

2.1. The subject of this Contract is the provision by the Executor of services to the Client for the delivery of goods selected by the Client on the Executor’s website when placing the order, in accordance with the terms of this Contract and at the current Prices listed on the Executor’s website at the time the order is placed.

2.2. By placing an order using any of the methods listed in clause 1.2, the Client thereby confirms that they have read and fully understand all provisions and terms of this Offer.

3. COST OF SERVICES AND GOODS AND PAYMENT TERMS

3.1. The cost of goods and Services provided by the Executor under the Contract, along with their descriptions, is published on the Executor’s website.

3.2. Provision of Services to the Client under this Contract is carried out under the condition of 100% (full) prepayment. Services are considered properly and fully rendered if no complaint is filed by the Client within 24 hours.

4. TERMINATION OF THE CONTRACT

4.1. The Contract may be terminated:

a) by mutual agreement of the Parties at any time.

b) at the initiative of either Party in the event of a breach of the Contract terms by the other Party.

4.2. Based on the Client’s request to delete their personal data from the website’s database.

5. LIABILITY OF THE PARTIES

5.1. For failure to perform or improper performance of obligations under the Contract, the Parties shall bear liability in accordance with applicable legislation.

5.2. The Parties shall be released from liability for failure to perform or improper performance of obligations under the Contract during the period of force majeure. Force majeure refers to extraordinary and insurmountable circumstances preventing the Parties from fulfilling their obligations under this Contract. These include natural phenomena (floods, ice storms, blizzards, snowdrifts, etc.), societal circumstances (military actions, states of emergency, strikes, epidemics, etc.), and prohibitive measures by state authorities. During this period, the Parties shall have no mutual claims, and each Party shall bear the risk of consequences arising from force majeure circumstances.

6. OTHER CONDITIONS

6.1. The Executor reserves the right to change any information posted on the website and to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion, without prior notice. If the Executor makes changes to the Offer, such changes shall take effect from the moment they are posted on the Executor’s website.

6.2. All disputes and disagreements arising during the performance of the Parties’ obligations under this Contract shall be resolved through negotiations.

6.3. The Parties agree that any disputes that cannot be resolved through negotiations shall be settled in accordance with Ukrainian legislation.

6.4. This contract is drawn up in Russian, a language understandable to both parties.

MAIN RULES

7. PLACING AND ACCEPTING ORDERS

7.1. According to clause 1.2 of the Public Offer, at the Client’s request, an order can be placed on the website, by phone, in the store’s online chat, via Viber, WhatsApp, Telegram, or another messenger, or by any other method convenient for the Client.

7.2. An order is considered correct and fully completed if the Client has provided all necessary information about the order’s Recipient and indicated accurate contact details for communication.

7.3. A correctly and fully completed order is accepted for processing only after the Company receives 100% of the order’s cost from the Client. If, within 2 hours before the delivery time specified in the order, our Company does not receive full payment for the order, the order will either be canceled or rescheduled for another delivery time after coordination with the Client. If the Company’s employees cannot contact the Client to clarify another delivery time, the order may be canceled without the Client’s consent.

7.4. If an incomplete payment amount for the order is received, order fulfillment will be suspended until the full amount is received.

8. PROCESSING ORDERS

8.1. After an order is placed on the website, it is assigned a specific number and status indicating the current stage of the order.

8.2. Order statuses are updated during the Company’s business hours in the order that orders are processed. For example, if the order placement time is 20:00 on 14.05.2015, the order status will be updated on the next business day, i.e., 15.05.15 starting from 9:00. Typically, the order status changes within 5-15 minutes.

8.3. The Client can view the status of their order in their personal account on the company’s website or clarify the order status with the Company’s employees during business hours.

8.4. The Company begins to assemble the order after it has been fully placed, paid for by the Client, and accepted for processing by the Company.

8.5. Order fulfillment may be suspended if the Client has provided incomplete or incorrect information about the Recipient and the company cannot contact the Recipient. Order fulfillment will resume after the Client clarifies the Recipient’s correct contact details (during the company’s business hours) or when the Recipient contacts the company and the company can coordinate the delivery address and time with the Recipient. In such a case, the delivery time or even the delivery date of the order may change if the Recipient contacts the company 1-2 hours before the end of the company’s business day or outside the Company’s business hours.

9. FULFILLMENT/DELIVERY OF ORDERS

9.1. Order delivery is carried out by the Company to any location specified by the Recipient: to an office, home, restaurant, university, hospital, etc.

9.2. Orders are delivered within time intervals from 8:00 to 20:00 daily. The minimum duration of a time interval is 1 hour. The order can be delivered to the recipient no earlier than 2-3 hours after the order is placed and paid for, unless another time interval has been agreed upon with the company’s employees before placing the order.

9.3. Order delivery can be made either to the entrance or directly to the apartment.

9.4. Orders for "today for today" are accepted without coordination until 15:00 Kyiv time. If an order for "today for today" is placed after 15:00 and the company no longer has the ability to deliver it today, the order is subject to cancellation (with a refund to the Client if payment was made) or rescheduling for another date, upon agreement with the Client.

9.5. The delivery cost paid by the client covers delivery to one address. Repeat delivery or delivery to another address is charged additionally.

9.6. The courier’s waiting time for the recipient at the delivery location is no more than 10 minutes. After that, the courier proceeds to deliver subsequent orders to avoid being late for other addresses. To arrange repeat delivery of the order, the Client must pay the delivery cost again. If the client refuses to pay for repeat delivery, the order will not be delivered to the recipient, and the payment will not be refunded. In this case, the order will be considered fully and properly fulfilled by the Company.

9.7. If the courier arrives at the address specified in the order (at the time specified by the Client in the order or agreed upon with the Recipient) and the recipient is not at the specified address, the courier will leave the order with relatives, roommates, colleagues, the concierge, etc., or neighbors, if they do not object, with a request to pass it on to the Recipient. In this case, the order will be considered fully and properly fulfilled by the Company.

9.8. If the Client requested delivery without prior calling the Recipient to clarify the address and delivery time, and upon the courier’s arrival it turns out that the address provided by the Client is incorrect (error in the house number, apartment, or street), and the Company’s courier has the opportunity to deliver the order to another correct address, the courier will deliver the order to the Recipient at the other address on a day and time agreed upon with the Recipient, and the Client must additionally pay for the repeat delivery to the other address.

9.9. If the Client indicated in the order to deliver the order without prior calling the Recipient to clarify the address and delivery time, and upon the courier’s arrival at the address it turns out that the Recipient lives in another city or village, the order will be considered fully and properly fulfilled by the Company. The Company is not responsible for the Client providing inaccurate data in the order.

9.10. The Company reserves the right to contact the recipient, even if the client indicated during order placement not to call the recipient. If the Recipient requests delivery on another day or time, the Company will deliver the order at the time requested by the Recipient, not at the time specified by the Client in the order.

9.11. In the event of bad weather conditions, holiday or pre-holiday traffic jams, air raid alerts, or other unpredictable circumstances, the courier may be late for the delivery time specified in the order or agreed upon with the Recipient. In such situations, the courier will contact the Recipient and agree on another delivery time interval, and the delivery will be carried out at another time.

9.12. The text on the note/greeting card can be either handwritten or printed.

10. CANCELLATION OF ORDER OR MAKING CHANGES

10.1. The Client can make changes to the order upon agreement with the Company, until the moment the Company begins assembling the order. Changes to the order are considered agreed upon after written confirmation from the Company.

10.2. The Client can cancel the order during the company’s business hours.

10.3. If at the time the Client requests to cancel the order:
10.3.1. the order has not yet been assembled by the Company, then upon cancellation, the company will refund the Client the full cost of the order.
10.3.2. the order has already been partially or fully assembled by the Company, then upon cancellation by the Client, no refund for the goods will be issued. The Company will refund the Client only the delivery cost amount, if the client paid for it.

10.4. If flowers for the Client’s order were ordered and paid for by the supplier, then upon cancellation of the order, no refund to the Client will be issued. The Company will refund the Client only the delivery cost amount, if the client paid for it.

10.5. If the Company has prepared the order, and the Recipient refuses to accept the order, no refund to the Client will be made, and the order will be considered fully and properly fulfilled by the Company.

10.6. Refunds are made in accordance with the Company’s Return Policy.

10.7. An order canceled by the Client will not be delivered to the Recipient.

11. CHANGES IN COMPANY OPERATIONS ON HIGH-DEMAND DAYS

11.1. Due to a sharp increase in the number of orders on high-demand days for the Company’s services, the Company’s operating conditions differ in some provisions. Please carefully review them.

11.2. High-demand days refer to the following holidays and dates: New Year holidays (December 30-31), Christmas holidays (December 24-25 and January 6-7), International Women’s Day (March 6-9), Valentine’s Day (February 13-15), Mother’s Day, Easter, etc.

11.3. The Company strongly recommends that the Customer place orders for high-demand days in advance (5-10 days before the delivery date) so that the Company has the opportunity to order flowers from the supplier for your order, and the supplier delivers them on the required date. Delivery of pre-placed orders is carried out first, followed by new orders as they are placed.

11.4. Delivery of an order placed by the Client on February 14 or March 8 after 12:00 may be rescheduled for the next day, i.e., February 15 or March 9, without notifying the Customer. To avoid this, place your order in advance. If the Customer disagrees with these conditions, the Company suggests refraining from placing an order after 12:00 on February 14 or March 8.

11.5. On high-demand days, the Company provides no guarantees and disclaims responsibility for guaranteeing delivery of the Order within specific time intervals. On these days, all orders are delivered throughout the day from 7:00 to 23:00, with the delivery time coordinated with the recipient. The delivery time specified by the Customer in the Order is considered recommended, and delivery within this time frame is NOT guaranteed on these days. If the Customer disagrees with these conditions, the Company suggests refraining from placing an order for these dates.

11.6. On high-demand days, if certain flowers are unavailable in the store for any reason (seasonality, absence of the required variety/color), they will be replaced with other flowers available in the store without coordinating with the Client. The Company may also replace non-floral products (cakes, toys, balloons, candies, etc.) without coordinating with the Client with a different type of product or, instead of such a product, increase the number of flowers in the bouquet by the value of the product. If the Customer disagrees with these conditions, the Company suggests refraining from placing an order for these dates.

11.7. The Company cannot guarantee delivery of an order to small towns or villages on high-demand days. Please clarify the possibility and cost of delivery before placing or paying for the order.

11.8. The Company does not guarantee a photo report on the specified high-demand days and 1 day before and 1 day after.

11.9. The delivery cost on high-demand days may differ from the standard delivery cost on regular days.

11.10. On high-demand days, the time for changing the order status may take up to 2 business days, due to the sharp increase in the number of orders. Thus, the Customer may not immediately receive notification that the order has been delivered.

11.11. The Company may suspend the acceptance of new orders in order to process orders that have already been placed by clients.

12. PHOTO REPORT: SERVICE PROVISION FEATURES

A photo report is a photograph of the order itself or the recipient with the order at the time of delivery.

12.1. A photo report is a service provided free of charge and is not available in all cities.

12.2. The courier can take a photo of the recipient with the bouquet only if the recipient does not object.

12.3. The Company provides no guarantees regarding the photo report.

In most cases, the absence of a photograph is due to the recipient’s refusal; less often, it is due to various unforeseen situations on the part of the company (courier). Most often, flower delivery is a surprise for the recipient, which can occur early in the morning or late in the evening, at home, at work, or in any other location (specified in the order), and as a result, the recipient is not ready for the photo shoot.

12.4. Depending on the city where the order is delivered, the courier may take a photograph using a camera or phone. Photos may vary in size and quality.

12.5. Usually, the photograph is sent to the client within 24 hours of order delivery; however, in some cases, this process may take up to 5 days.

13. OTHER CONDITIONS

13.1. If the order was not fully or partially fulfilled due to the Company’s fault, the Client has the right to demand compensation, or it may be fulfilled at the nearest possible time upon agreement with the Client (according to the return policy). The compensation amount cannot exceed the order cost.

13.2. The Company is not responsible to the Client (payer) if the payment service used by the Client to pay for the order violates the contract terms or charges additional fees.

13.3. The agreement between the Client and the Company is valid from the moment of its conclusion until the moment the service is performed. The moment of service performance is considered the moment the goods ordered by the Client are handed over to the Recipient or the Client.

13.4. The Parties agree that any disputes that cannot be resolved through negotiations shall be settled in accordance with Ukrainian legislation in a Ukrainian court.

13.5. The Company reserves the right to refuse to provide services to a client if:
- the client shows signs of alcohol/drug intoxication;
- the client is in an aggressive excited state or uses obscene language;
- the client has not reached the age of majority (without parental consent);
or for other reasons without explanation.

RETURN POLICY

In accordance with the Law of Ukraine "On Consumer Rights Protection" and Article 707 of the Civil Code of Ukraine, flowers are not subject to exchange or return:

- since flowers belong to perishable goods, it is obvious that preserving their appearance or properties is possible only under special conditions;

- children's soft toys, food products (candies, fruits, cakes) are not subject to exchange or return according to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172.

Despite the fact that, in practice, all products delivered by the Company are not subject to return or exchange under current Ukrainian legislation, the Company performs returns, exchanges, and redelivery at its own initiative, reserving the right to refuse a return or exchange.

14.1. A complaint regarding goods included in the order (except for floral products) may be accepted for consideration if it is submitted within 3 days from the moment the order is delivered to the recipient.

14.2. Since the Company cannot control the storage conditions of flowers after they are handed over to the recipient, a complaint regarding the quality or freshness of floral products may be accepted for consideration only within 24 hours from the moment the order is delivered to the recipient.

14.3. Only complaints from the customer who placed and paid for the order are accepted for consideration. Complaints from third parties are not accepted. Anonymous complaints, complaints with an incorrect order number or without it, or complaints containing obscene or offensive language are not considered.

15. PROCEDURE FOR COMPANY-CLIENT INTERACTION IN CASE OF A COMPLAINT

15.1. The Client sends their complaint in writing to the Company’s e-mail - [email protected]. Complaints via phone, Viber, WhatsApp, Telegram are not accepted, and no response is provided to them. Only complaints sent to the Company’s e-mail are accepted for consideration.

15.2. The Company notifies the Client of receipt of the complaint via a corresponding letter, after which it conducts an internal investigation of the situation within no more than 5 business days from the date of receipt of the complaint. After the investigation, the Company provides the Client with a reasoned response to their complaint.

15.3. A complaint regarding the quality or freshness of flowers must necessarily include at least 2-3 photographs from different angles or a video where the bouquet in a vase and the buds are fully visible from the side, allowing the condition of the flowers at the time of order receipt to be determined. Photographs or videos taken or sent later than 24 hours after the order delivery are not considered. Complaints without photos or videos allowing the condition of the flowers at the time of receipt to be determined are not considered. Photos or videos must be sent to the Company’s e-mail address indicated on the Company’s website.

15.4. If, after the investigation, it is found that the client’s claim is unfounded, the Company is released from obligations regarding this claim.

15.5. Consideration of the complaint may be suspended if:
- no response is received from the Client within 3 days,
- there are no 2-3 photographs from different angles or a video allowing the condition of the flowers at the time of order receipt to be determined,
- the photographs were taken or sent later than 24 hours after the order was delivered to the Recipient,
- the attached photos or video show that the bouquet is standing in a low vase (flower stems are submerged in water by less than 60% of the stem length) or there is little water in the vase,
– the complaint text contains obscene language.

16. REASONS FOR THE OCCURRENCE OF THE RETURN MOMENT

16.1. Order not fulfilled on time

16.1.1. If the actual delivery time exceeds the time period specified by the Client by 3 hours or more, the Client has the right to demand compensation in the amount of 15% of the order cost. Provided that another delivery time was not appointed by the order recipient or the delivery time was affected by unforeseen circumstances (accident, traffic jam, punctured tire, etc.).

16.1.2. The provisions of the compensation clauses do not apply to cases where the recipient was not present at the specified Client time or the delivery time was changed at the recipient’s request, as well as to cases where the recipient refused to accept the order.

16.1.3. On high-demand days (New Year holidays December 30-31, Christmas holidays December 24-25 and January 6-7, International Women’s Day March 6-9, Valentine’s Day February 13-15, Mother’s Day, Easter, etc.), the Company provides no guarantees and disclaims responsibility for guaranteeing delivery of the Order within specific time intervals. On these days, all orders are delivered throughout the day from 7:00 to 23:00 with the delivery time coordinated with the recipient. The delivery time specified by the Customer in the Order is considered recommended and delivery within this time frame is NOT guaranteed on these days. If the Customer disagrees with these conditions, the Company suggests refraining from placing an order for these dates.

17.2. DEFECTIVE PRODUCT OR ABSENCE OF ANY ORDER COMPONENTS:

17.2.1. If, at the moment of handing over the order to the Recipient, the flowers were not fresh, the Client has the right to a refund or replacement of the delivered floral composition. Provided the Client fulfills clauses 2, 4.1, and 4.3 of this Return Policy.

17.2.2. If the client submitted a complaint regarding the quality or freshness of the delivered floral products or provided photos or videos taken later than 24 hours after the order delivery, the complaint is not accepted for consideration. Since the Company cannot control the storage conditions of flowers after order delivery, and flowers are perishable goods, it is common for flowers to wilt quickly if not cared for properly.

17.2.3. If any of the goods ordered by the Client are missing from the order delivered to the Recipient, the Company will deliver it to the Recipient or issue a 100% refund of the product cost to the client (at the Company’s discretion). Another option (by agreement with the Client) is to credit 100% of the cost of the undelivered product to the client’s internal account in the store, allowing these funds to be used to pay for future orders. This clause does not apply to the company’s free services. For example, a greeting card is not subject to exchange or redelivery, even if the courier did not hand it over for any reason. This clause does not apply to orders delivered on high-demand days, when other order delivery conditions specified in this offer apply.

17.2.4. Floral compositions (bouquets) in which changes were made in accordance with the Replacement Policy are considered properly fulfilled and composed according to the declared composition of the floral composition.

18.3. FAILURE TO FULFILL SERVICE OBLIGATIONS:

18.3.1. The Company provides no guarantees regarding a photograph of the order or the recipient with flowers or gifts at the moment of their handover. A photo report is not a mandatory service, and the absence of a photo report cannot be a reason for a complaint.

18.3.2. The Company provides no guarantees for the delivery of SMS and e-mail messages to the Client. Reasons for non-delivery of an SMS message may include: operator refusal to accept SMS, the Client’s phone memory being full, an incorrectly specified phone number in the order form, etc. Reasons for non-delivery of an e-mail message may include: the Client’s mailbox being full, an incorrectly specified e-mail address, presence of filters blocking the message, etc.

19. REFUND PROCEDURE:

19.1. If, after the investigation, it is found that the client’s claim is valid, the refund will be made within 5 banking days from the date the decision to refund is made.

19.2. If the Client paid for the Order by bank card, the refund will be made to the card from which the payment for the Order was made (minus the payment system’s commission). The time for crediting funds to the card is determined by the regulations of the payment system used by the Client to pay for the order. The Company cannot influence or accelerate the refund process in any way. Funds will be credited to the Client’s card within 1 to 45 days from the date the refund request is submitted.

19.3. The Client must send the details for the refund in writing to the company’s e-mail address indicated on the website. The refund is made minus the bank’s commission amount.

19.4. The Company performs the refund to the payment details provided by the Client. The Company is not responsible if the client provided incorrect or erroneous details. The refund is considered fully executed upon the company having documents confirming the Company’s execution of the refund to the details provided by the Client.

19.5. The Parties are released from obligations under this Agreement as a result of the occurrence of force majeure circumstances.

REPLACEMENT POLICY

20. POLICY FOR REPLACEMENT OF FLORAL PRODUCTS

20.1. If, during the assembly of the floral composition in the store, certain flowers are unavailable for any reason (seasonality, absence of the required variety/color), they will be replaced with other flowers available in the store on the day of Order delivery. Replacement of missing flowers may be performed by the florist without coordinating with the Client.

In this case, the total number of flowers in the composition (bouquet) may be changed. When making such a replacement, the Company is guided by the cost of the flowers used for replacement. If an equivalent replacement cannot be made, the replacement is made “in favor of the Client.”

20.2. When making replacements in the composition (bouquet), the Company tries, whenever possible, to preserve the color scheme of the composition (bouquet) as ordered by the client, but cannot guarantee this 100%. Everything depends on the availability of flowers of the required color on the day of order delivery.

20.3. Floral accessories, packaging, decor, decorative greenery, etc. may be replaced with others without coordinating with the Client.

20.4. If most of the flowers for the ordered composition (bouquet) are unavailable in the store, the company will notify the client via the e-mail address provided in the order. The company will coordinate with the client the replacement of flowers in the composition (bouquet) with others or offer the Client to choose another composition (bouquet) instead. If, within 3 hours before the order delivery time, the Company does not receive a response from the Client regarding the replacement (no contact with the Client, significant time difference with the country of their stay), the florist will assemble a floral composition at their discretion, equal to or greater in cost than ordered by the Client, and the company will deliver the order to the Recipient.

20.5. If the required greenery for the bouquet is unavailable in the store on the day of order delivery, it may be replaced with another type of greenery without coordinating with the client, or the florist may create a bouquet without greenery at all, but may increase the total number of flowers.

20.6. The Company does not guarantee 100% identity of the bouquet (composition) of flowers with the one shown in the photo on the website. The Company guarantees the maximum possible similarity of the bouquet (composition) of flowers based on the flowers available in the store’s assortment on the day of order delivery.

21. POLICY FOR REPLACEMENT OF OTHER PRODUCTS

21.1. If, at the time of order assembly, candies ordered by the Client are unavailable in the store, they will be replaced with other candies available in the store.

21.2. If, at the time of order assembly, the cake ordered by the Client is unavailable in the store, it will be replaced with another cake available in the store. When selecting the cake, the Company is guided by the weight of the ordered cake and its shelf life.

21.3. If, at the time of order assembly, a cake of the weight ordered by the Client is unavailable in the store, but a similar cake of smaller weight is available, several smaller cakes may be delivered instead of one large cake.

21.4. The appearance of the soft toy, such as color or shape, may differ from that shown in the photo on the website. If, at the time of order assembly, a specific type of toy (bear cub, kitten, puppy, bunny, etc.) is unavailable in the toy store, it will be replaced with another type of toy. When replacing the toy, the Company adheres to the toy size specified in the product characteristics.

21.5. The appearance of balloons, such as color or size, may differ from those shown in the photo on the website. If balloons were ordered, it is possible that 1 or 2 balloons may burst during transportation. In this case, fewer balloons will be handed over to the recipient than were ordered. In this case, the order is considered fully executed.

21.6. The appearance of vases, such as color, shape, patterns, etc., may differ from that shown in the photo on the website. If, at the time of order assembly, a glass or porcelain vase is unavailable in the store, it will be replaced with another vase available in the store.

21.7. If, at the time of order assembly, certain types of fruits from the assortment of the gift fruit basket are unavailable, they will be replaced with other fruits available in the store’s assortment. The total weight of the basket is preserved. The appearance of the basket (color, handle shape, material, basket shape, etc.) and the arrangement of fruits in the basket may differ from that presented in the photo.

21.8. If, at the time of order assembly, certain products from the assortment of the gift product basket are unavailable, they will be replaced with other similar products. The appearance of the basket (color, handle shape, material, basket shape, etc.) and the products (packaging, manufacturer, brand, etc.) in the basket may differ from that presented in the photo.

21.9. The packaging material in any bouquet or composition may differ from that shown in the photo, both in color, shade, pattern, and in the type of packaging material. The packaging material is chosen by the florist at their discretion from the available assortment on the day of order assembly and may differ from that shown in the photo.

QUALITY POLICY

22.1. The Company guarantees Clients the highest possible quality of goods, services provided, and customer service.

22.2. The Company does not guarantee 100% identity of the delivered bouquet (composition) of flowers with the photo you see on our website. We guarantee you the maximum possible similarity of the delivered bouquet (composition) of flowers with the photo presented on the website. We also guarantee the maximum freshness of flowers in the bouquet (composition).

22.3. Some fruits may be unavailable at the time of order assembly. Missing fruits are replaced with others, according to the Replacement Policy. Since we deliver non-artificial fruits, the presence of black spots or darkening in places is the natural state of a natural fruit.

22.4. To ensure maximum freshness of flowers, in orders with the activated option “Call the recipient before delivery,” the assembly of bouquets and compositions usually occurs after coordinating the delivery time with the Recipient. All calls are made during the company’s business hours.

22.5. The Company provides no guarantees regarding the availability of candies, cakes, other sweets, and additional products in the selected region on the day of delivery. If, at the time of order delivery, certain ordered products are unavailable, they will be replaced with similar ones with similar quality characteristics (or price), according to the Replacement Policy.

22.6. If, at the time of order assembly, the ordered bouquet or composition or any of its components are unavailable (due to seasonality, etc.), they will be replaced with other flowers according to the Replacement Policy.

22.7. The Company guarantees that all goods delivered to the Recipient will have a valid and appropriate shelf life indicated on their packaging (manufacturer’s shelf life).

22.8. The Company disclaims any responsibility for poor manufacturing of the product by the manufacturer (chocolate candies, toys, cakes, etc. - everything except flowers). In this case, the manufacturer is responsible.

22.9. All sizes on the website are indicated approximately. An error of +/- 5-15% is allowed. The length of toys is measured in a sitting position.

22.10. The appearance of greeting cards and their size may vary. The card may be branded (with the company logo) or standard (with images, greetings printed on it). The text that the Client wrote on the card in the order is handwritten or printed on the card.

22.11. The Company undertakes to respond to any simple request from the Client no later than within one business day. Responses to complex questions requiring clarification of details are provided within three business days from the date the question is received.

PRIVACY POLICY

Our Company strives to maximally protect the confidentiality of personal data. Below is outlined how we handle the personal data of personal data subjects, as well as the Company’s policy in the field of personal data. If you disagree with this policy or any of its points listed below, please refrain from using the services of our Company.

With regard to personal data obtained through this website, Kvitobar.com.ua is considered their owner under Ukrainian law.

23. COLLECTION OF PERSONAL DATA

23.1. If a personal data subject provides personal data to Kvitobar.com.ua, we use it exclusively for the purposes for which it was provided to Kvitobar.com.ua and which were indicated at the time of personal data collection (or as was evident from the context).

23.2. Kvitobar.com.ua collects only those personal data (e.g., sender’s name, recipient’s address, phone numbers, sender’s email address, etc.) that were specifically and voluntarily provided by the personal data subject.

23.3. Kvitobar.com.ua limits itself to collecting the minimum amount of information necessary for the correct and high-quality fulfillment of the Client’s Order.

23.4. All online payments presented on the website are processed on a secure page of the used payment service. Kvitobar.com.ua transmits the following information to the payment service to process the order payment: order number and amount to be paid. The Company may receive the following information from payment services after the personal data subject makes payment for the Company’s services on the payment service page they selected: transaction ID, transaction amount, transaction status, transaction date, and other technical information regarding this transaction. This information is received by the Kvitobar.com.ua website solely for the purpose of automating and accelerating the processing of the placed order. Any information transmitted by the payment service to the Kvitobar.com.ua website is transmitted using SSL encryption with strong cryptography.

23.5. In addition to personal data consciously provided by personal data subjects, Kvitobar.com.ua automatically collects certain types of information during visits to the Kvitobar.com.ua website by users and during email exchanges between the Company and personal data subjects. Such automated technologies may include the use of "Cookies" and web server logs to collect IP addresses, visitor operating system data, browser type, and other technical information. Collection of this information allows Kvitobar.com.ua to better understand and improve the performance, usability, and efficiency of the website, as well as measure the effectiveness of marketing activities.

23.6. Website visitor statistics may be used by third parties to analyze advertising campaigns and other types of statistical analysis. This statistical information about Website visitors does not contain personal data: names, physical addresses, phones, etc., except for the IP address.

23.7. All positive reviews, comments, and complaints regarding the Company’s work, left on the Kvitobar.com.ua website in specially designated areas along with the names of the authors of these reviews, are publicly available information and can be viewed by any visitor to the Kvitobar.com.ua website, as well as used for advertising Kvitobar.com.ua.

24. SECURITY AND STORAGE OF PERSONAL DATA.

24.1. Kvitobar.com.ua uses generally accepted standards of technological and operational protection of information and personal data against loss, misuse, alteration, or destruction.

24.2. Kvitobar.com.ua guarantees the confidentiality of the personal data subject’s information received by us during the placement and fulfillment of the order. This guarantee does not apply to cases of unlawful acquisition of the personal data subject’s information held by Kvitobar.com.ua by third parties; in such cases, the Company disclaims responsibility.

24.3. Kvitobar.com.ua provides access to information and personal data only to authorized employees and contractors who have agreed to ensure the confidentiality of such information and data.

24.4. Kvitobar.com.ua does not transfer the personal data subject’s confidential information to third parties, except in cases where such transfer is required by law, at the request of the personal data subject, or in other cases outlined in this section. Kvitobar.com.ua understands that personal information is valuable and takes all possible measures to protect personal information in the possession of Kvitobar.com.ua.

24.5. Any information transmitted by the personal data subject to the Kvitobar.com.ua website is transmitted using SSL encryption with strong cryptography.

24.6. Kvitobar.com.ua disclaims any responsibility if passwords for accessing the personal data subject’s account on the Kvitobar.com.ua website become known to third parties in any way due to the fault of the personal data subject themselves (voluntary or involuntary transmission by the personal data subject, in case of loss, theft, etc.).

24.7. Kvitobar.com.ua disclaims any responsibility in the event of force majeure circumstances (including, but not limited to, hacker attacks).

24.8. The personal data subject has the right at any time to request the deletion of their personal information, and we, in turn, undertake to delete the personal data we process. If you want us to delete your personal data, send a letter to our email: [email protected], with the corresponding request.

25. CHANGES

25.1. Kvitobar.com.ua has the right to make changes or amendments to this privacy and personal data policy at any time without prior notice, which takes effect from the moment of its publication on the relevant page of the website.