The following text constitutes an Agreement between the online store www.dicentra.ua, hereinafter referred to as the «Seller», and a user of the online store’s services, regardless of their status (individual, legal entity, or sole proprietor), hereinafter referred to as the «Buyer».
This Agreement sets out the terms under which the Buyer purchases flowers and gifts, hereinafter referred to as the «Goods», through the Seller’s online store.
This Agreement is a public agreement pursuant to Articles 633 and 641 of the Civil Code of Ukraine, is equivalent to an «oral agreement», and has full legal force.
In accordance with Article 642 of the Civil Code of Ukraine, payment by the Buyer for Goods ordered through the online store’s website (or by other means) constitutes full and unconditional acceptance of the terms of this Offer Agreement and confirms that the Agreement has been concluded on the proposed terms.
Unless the context requires otherwise, the following terms used in this Offer have the meanings set out below:
«Online Store» means the Seller’s website, established for concluding retail and wholesale sales agreements remotely after the Buyer has reviewed photographs of the Goods offered by the Seller.
«Seller» means an organisation, regardless of its legal form, and/or a sole proprietor selling the Goods.
«Goods» means products offered for sale and listed on www.dicentra.ua.
«Buyer» means an individual and/or legal entity placing an order on www.dicentra.ua.
«Website User» means any individual who has accessed the Website and has reached the age required to accept this Agreement.
«Recipient» means an individual and/or legal entity designated by the Buyer to receive the ordered Goods.
«Acceptance» means the Buyer’s full and unconditional acceptance of the terms of the Agreement.
«Order» means individual items from the range of Goods selected by the Buyer when submitting an order on the website.
SUBJECT MATTER OF THE AGREEMENT
The Seller sells and delivers the Goods in accordance with the current price list published on www.dicentra.ua, and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement.
ORDERING PROCEDURE
Placing an order.
Orders are accepted through www.dicentra.ua during the Seller’s business hours.
For flower and gift orders exceeding UAH 600, delivery to the Recipient within Kyiv is included in the order price and is not charged separately.
The prices for all delivery options are listed in the «Delivery» section of the Seller’s website.
The Seller does not provide services for purchasing and delivering goods from third parties at the Buyer’s request.
Once an order has been fully placed and paid for by the Buyer, the bouquet or arrangement is prepared a few hours before delivery.
If an order is placed after 20:00 for same-day delivery, the availability of such delivery must be separately agreed with the online store administrator. Where applicable, delivery is charged at the rates listed on the Seller’s website.
When placing an order, the Buyer must provide the Recipient’s details as accurately as possible. Incorrect information provided by the Buyer may prevent the order from being fulfilled at the specified time. In this case, delivery will be postponed until the Recipient’s correct details have been confirmed, but for no longer than 12 hours from the time the Buyer pays for the order.
Delivery is available for orders with a minimum value of UAH 500, excluding add-on products.
Order payment procedure.
Payment for an order constitutes the Buyer’s consent to enter into this Agreement with the Seller.
The Buyer pays the order amount under the Agreement by transferring funds to the Seller’s bank account. The payment date is the date on which the funds are credited to the Seller’s account.
The prices of all Goods listed on www.dicentra.ua are valid at the time the order is placed.
The Buyer may confirm or cancel an order before payment is made.
Orders are accepted for fulfilment only after the funds have been credited to the Seller’s account, except where the «Cash on receipt» payment method and the «Collection» delivery option are selected.
Payment confirmation is sent to the Buyer by email or text message using the email address or contact telephone number provided when placing the order.
Any payment system or payment terminal fees are paid separately by the Buyer.
Order fulfilment on public holidays.
When placing an order, the Buyer must clearly specify the delivery requirements. Each order may have only one delivery date, time, and address. If you wish to send gifts to several people at different addresses, or at different times to the same address, you must place a separate order for each delivery.
Delivery is arranged in advance with the Recipient by calling the telephone number provided by the Buyer in the order.
Express order fulfilment and same-day delivery are provided within 2 hours of payment, subject to agreement with the Recipient.
Payment by bank transfer for an order requiring same-day delivery must be made at least one hour before the selected delivery time slot.
The Buyer may make changes to an order no later than 3 hours before the scheduled delivery time. Once the order has been prepared, it cannot be cancelled. The Buyer may place and pay for a new order and collect the original order from the collection point or, at the Buyer’s request, have it redirected to another recipient.
Order delivery terms.
The schedule for order fulfilment and delivery on public holidays is published on www.dicentra.ua in the «Delivery and Payment» section.
Confidential orders.
A confidential order is fulfilled without prior arrangements with the Recipient. When placing the order, the Buyer must tell the online store manager by telephone not to call the Recipient. In doing so, the Buyer guarantees that the Recipient will be at the specified address at the scheduled delivery time.
The Buyer bears full responsibility for the information provided to the online store.
Problems that may arise during delivery without a prior call to the Recipient, and their solutions, are described in the «Delivery and Payment» section of the Seller’s website.
ORDER FULFILMENT TIME
The time required to fulfil an order depends on the Recipient’s location. Within Kyiv, fulfilment takes at least 2 hours. For locations outside the city, fulfilment and delivery times must be agreed separately with the online store administrator. The time required depends on the complexity of the order, the quantity and availability of the Goods, and unforeseen circumstances beyond the Seller’s control, such as road accidents, weather conditions, traffic congestion, and other events.
If an order is delivered improperly due to the Seller’s fault (the order does not meet the Buyer’s requirements or the Goods are in an unsatisfactory condition), please refer to the «Exchanges, Returns and Refunds» section on www.dicentra.ua for further steps.
An order is considered fulfilled when it is handed over to the Recipient/Buyer and/or their authorised representatives.
The Agreement between the Seller and the Buyer remains in effect from the time it is concluded until the order is handed over to the Recipient/Buyer or their authorised representatives.
ORDER PREPARATION. SUBSTITUTION OF UNAVAILABLE COMPONENTS
The Seller prepares the order in accordance with the Buyer’s requirements.
If certain components required to prepare the order are unavailable for any reason, such as seasonality or the unavailability of a particular flower variety or colour, the Seller may make substitutions with the Buyer’s agreement.
Non-floral products may be replaced with similar products in the same price category without prior agreement with the Buyer.
Differences between the appearance of the Goods and the images on the Seller’s website do not constitute a defect or grounds for a refund or replacement of the order.
All information published on www.dicentra.ua is provided for reference purposes and may not fully convey accurate information about certain properties and characteristics of the Goods. If the Buyer has any questions regarding the properties or characteristics of the Goods, they must consult the online store administrator by telephone before placing an order or submit an enquiry through the website using the standard ordering procedure.
EXCHANGES, RETURNS AND REFUNDS
The Seller prepares the order in accordance with the Buyer’s requirements.
The Recipient/Buyer may refuse or return the order immediately upon delivery, stating the reason for the return to the courier.
The Buyer may submit a complaint by email to [email protected], stating the reason and providing an appropriate description and supporting photographs.
The rules for submitting complaints are set out in the «Exchanges, Returns and Refunds» section of the Seller’s website.
In the event of an exchange or return, the Buyer or Recipient must return the original Goods in the same condition in which they were delivered.
The Seller may refuse to replace a gift or refund its cost if the Recipient wishes to return it for personal reasons, such as allergies or taste preferences, of which the Seller was not informed.
If the Recipient declines the bouquet during the preliminary telephone call, the Buyer may receive a refund for the order, provided that the florists have not yet prepared it.
In other cases, the Seller will review complaints within 3 business days of receipt and communicate the outcome electronically.
If, due to the Seller’s fault, the order is not delivered on the date specified by the Buyer or Recipient, the Buyer may request compensation, which may not exceed the order value.
INTELLECTUAL PROPERTY AND COPYRIGHT
The Seller is the sole owner of the DICENTRA trademark under Ukrainian Certificate No. 235546 dated 26 December 2017.
Paragraphs 2 and 4 of Article 16 of the Law of Ukraine «On the Protection of Rights to Marks for Goods and Services» provide that a certificate grants its holder the right to use the mark and other rights established by that Law.
Under Article 20 of the Law of Ukraine «On the Protection of Rights to Marks for Goods and Services», any infringement of the certificate holder’s rights provided for in Article 16 of that Law, including performing acts requiring the certificate holder’s consent without obtaining such consent, or preparing to perform such acts, constitutes a violation of the certificate holder’s rights and entails liability under the applicable legislation of Ukraine.
The unauthorised use in domain names of the marks and designations referred to in paragraph 5 of Article 16 of that Law also constitutes a violation of the certificate holder’s rights.
Separate permission must be obtained to lawfully use the trademark, including affixing it to any goods for which the mark is registered, hereinafter referred to as the «Goods»; to packaging containing such Goods; or to a sign, label, patch, tag, or other item attached to the Goods; storing Goods bearing the mark for sale; offering them for sale; selling, importing, or exporting them; or using the mark in business documents, advertising, or on the Internet, including in domain names.
Businesses wishing to use the trademark in their activities may request permission by emailing [email protected].
The Seller owns the exclusive economic copyright in a number of photographic works and graphic images published on the website and is their sole author. The Seller uses photographic works by publishing them on www.dicentra.ua to illustrate goods and services.
Under the presumption of originality of copyright works, all photographic works are original and are therefore protected by copyright, without registration or formalities, from the moment of their creation in all countries worldwide, pursuant to the Berne Convention for the Protection of Literary and Artistic Works of 1886 and the Law of Ukraine «On Copyright and Related Rights» of 1993.
The holder of exclusive economic copyright in photographic works may authorise third parties to use those works and prohibit their use where permission has not been obtained. The owner of the photographs published on www.dicentra.ua permits their use only if a backlink to the original source is placed alongside the photograph.
If other authors discover that their photographic works have been published on www.dicentra.ua, they may submit claims to [email protected].
TERM OF THE AGREEMENT. AMENDMENT PROCEDURE
The Buyer’s Acceptance of the Offer confirms that the Agreement has been concluded on the terms of the Offer.
The Agreement enters into force when the Buyer pays for the order and remains in effect until the Seller fulfils its obligations under this Agreement.
The Seller may amend this Agreement at its discretion at any time without prior notice to the Buyer. The current version of the Agreement is always available on the website.
The Buyer agrees and acknowledges that amendments to the Offer also amend the Agreement already concluded and in effect between the Buyer and the Seller, and that such amendments to the Agreement take effect when the corresponding amendments to the Offer take effect.
USER PERSONAL INFORMATION
The Website Administration treats the confidential information of every person visiting the Website with respect and responsibility. By accepting the Agreement, the User consents to the collection and use of certain information about the User in accordance with the Law of Ukraine «On Personal Data Protection» and the Website Administration’s personal data protection policy. The User also agrees that the Website Administration may collect, use, transfer, process, and maintain information related to the User’s account for the purpose of providing the relevant services.
The Website Administration undertakes to collect only personal information voluntarily provided by the User where such information is necessary to provide or improve services for the User.
The Website Administration collects both primary personal data, such as first name, surname, patronymic, address, email address, and contact telephone number, and secondary technical data, including cookies, connection information, and system information.
The User agrees that the confidentiality of data transmitted over the Internet cannot be guaranteed if third parties gain access to such data outside the communication systems controlled by the Website Administration. The Website Administration is not liable for damage caused by such access.
The Website Administration may use any information collected through the Website to improve its content, develop the Website further, provide information to the User upon request, conduct marketing or research, and pursue other purposes that do not conflict with the applicable legislation of Ukraine.
The User may request the deletion of their collected personal information from our database by emailing a corresponding request to [email protected].
LIABILITY
The Seller bears all risks of loss of or damage to the Goods until they are handed over to the Buyer.
The Recipient, or the person accepting the Goods in the Recipient’s absence, bears all risks of loss of or damage to the Goods from the moment of acceptance.
The Seller may transfer its rights and obligations relating to order fulfilment to third parties without being released from liability.
The Seller is not liable for the Buyer’s improper use or storage of Goods ordered on www.dicentra.ua.
The Parties’ liability in other cases is determined in accordance with the legislation of Ukraine.
The Parties agree that any disputes that cannot be resolved through negotiation will be settled in accordance with the applicable legislation of Ukraine.
The Parties are released from their obligations under the Agreement if exceptional circumstances qualifying as force majeure arise, provided that the occurrence of such circumstances is duly documented in accordance with the law.
Orders for floral arrangements, bouquets, and gift baskets involving the substitutions provided for in clause 1 are considered fulfilled.
Any defective component of the Goods, other than floral products, will be replaced free of charge.
If the Customer selects the «Call the Recipient» service, the time specified by the Recipient takes priority.
If the Customer selects the «Do not call the Recipient» option and the Recipient is absent from the specified address at the scheduled time, a further delivery attempt will incur an additional charge.
The Company does not guarantee the provision of complimentary services, including:
A photograph taken at the time of delivery. The service is considered provided even if the photograph is of poor quality.
Notifications of order status or completed delivery by text message and email. Notifications may not be received due to telecommunications provider failures, a full phone memory or email inbox, an incorrect telephone number or email address, or other reasons.
