Public Offer
Agreement for the sale of floral arrangements
1. General provisions
1.1. This document is a public offer by the individual entrepreneur Roksolana Havryshchenko to enter into an agreement for the sale of floral arrangements on the terms below. The agreement is public under Articles 633 and 641 of the Civil Code of Ukraine, which means its terms are the same for every buyer. It is concluded remotely in accordance with the Law of Ukraine "On Electronic Commerce".
1.2. By placing an order, the Buyer confirms that they have read this offer and accept its terms.
1.3. The agreement is concluded when the Seller confirms the order by phone, message or messenger.
1.4. The pages "Delivery and Payment", "Refund Policy" and "Privacy Policy" are an integral part of this agreement.
1.5. The Seller may change the terms of this offer. A new version applies from the moment it is published on the website. Orders that have already been confirmed are governed by the terms in force when they were placed.
2. Definitions
2.1. Seller: the individual entrepreneur Roksolana Havryshchenko, whose details are listed in section 13.
2.2. Buyer: a legally capable person aged 18 or over, an individual entrepreneur or a company that has placed an order.
2.3. Recipient: the person the Buyer asks us to deliver the order to. If the Recipient and the Buyer are different people, the agreement is treated as concluded for the benefit of a third party under Article 636 of the Civil Code of Ukraine.
2.4. Goods: bouquets, floral arrangements and related items shown on the website or made to a custom order.
2.5. Website: www.opera-flowers.com.ua.
3. Subject of the agreement
3.1. The Seller transfers ownership of the Goods to the Buyer or the Recipient, and the Buyer pays for them. The Seller also delivers the Goods and accepts custom orders.
3.2. Descriptions, photos and prices of the Goods are published on the website. Prices are in Ukrainian hryvnia (UAH).
4. Placing an order
4.1. Orders can be placed on the website, by phone, on Instagram or via messengers.
4.2. When ordering, the Buyer provides their name and phone number, the delivery date, time and address, the Recipient's name and phone number and, if wanted, the text for the card.
4.3. If the Buyer does not know the exact address, the Recipient’s phone number is enough. We will discreetly check the address and a convenient time with the Recipient without spoiling the surprise. In this case the delivery time is agreed with the Recipient.
4.4. After the order is placed, our florist contacts the Buyer to confirm the details. If more information is needed to complete the order, the Seller may ask for it.
4.5. The Buyer is responsible for the accuracy of the information provided. If delivery fails because the details were inaccurate or incomplete, the "Unsuccessful delivery" section of the Refund Policy applies.
5. About the Goods
5.1. Every arrangement is made by hand, so it may differ slightly from the photos on the website in shape, flower and wrapping shades, number of stems and how open the buds are. This is not a defect.
5.2. If certain flowers or wrapping are not available, the Seller may replace them with equivalent ones of the same value and style, keeping the overall idea of the arrangement. Significant replacements are agreed with the Buyer in advance.
5.3. Fresh flowers are perishable goods. How long they last depends on the variety and on care. Every arrangement comes with care instructions.
6. Price and payment
6.1. The price of the Goods is fixed when the order is confirmed. Delivery is paid separately unless agreed otherwise.
6.2. Orders can be paid:
- online by Visa or Mastercard, Apple Pay or Google Pay through the LiqPay payment service (JSC CB PrivatBank);
- by bank transfer to the Seller's account;
- in cash on pickup, if agreed in advance.
6.3. Online payment takes place on a secure LiqPay page. The Seller does not receive or store card details.
6.4. Payment is considered made once the funds reach the Seller. After payment, the Buyer receives a payment receipt in accordance with Ukrainian law.
7. Delivery and receipt
7.1. The Seller delivers the Goods within Lviv by its own courier. Delivery cost and terms are listed on the "Delivery and Payment" page. Delivery outside the city is calculated individually.
7.2. If an order is confirmed before 15:00, we aim to deliver it the same day.
7.3. Delivery at a chosen time may be up to 30 minutes earlier or later than the agreed time.
7.4. The Recipient checks the arrangement on delivery, in the presence of the courier.
7.5. Ownership of the Goods and the risk of accidental damage pass to the Buyer or the Recipient at the moment of delivery. Handing the order to a person at the given address who agreed to accept it counts as delivery to the Recipient.
7.6. If the Recipient is not at the address or does not answer the phone, the courier contacts the Buyer. With the Buyer's consent, the courier may leave the arrangement at the address, and in that case the Seller is not responsible for what happens to it afterwards. Otherwise the arrangement goes back to the atelier, where it can be picked up. Repeat delivery is paid separately.
7.7. On peak days (14 February, 8 March, Mother's Day and other holidays) the Seller may deliver orders during the day without a set time. We let you know about this when confirming the order.
7.8. Orders can be picked up at our atelier at 22 Svobody Avenue, Lviv, daily from 9:00 to 20:00, with the time agreed in advance.
7.9. At the Buyer’s request, we do not tell the Recipient who sent the flowers.
8. Rights and obligations
8.1. The Seller undertakes to:
- provide Goods of proper quality in line with the confirmed order;
- deliver the order at the agreed time or let the Buyer know in advance about a possible delay;
- keep the Buyer's and the Recipient's data confidential.
8.2. The Seller may:
- decline an order if it was not possible to reach the Buyer to confirm it, refunding any payment made;
- change prices on the website. This does not affect orders that have already been confirmed.
8.3. The Buyer undertakes to read the terms of this offer, provide accurate information, pay for the order and make sure it can be delivered.
8.4. The Buyer may receive full information about the Goods, cancel an order under the Refund Policy and contact the Seller with a complaint.
9. Refunds and complaints
9.1. Fresh flowers of proper quality cannot be exchanged or returned. Terms of cancellation and refunds are set out on the "Refund Policy" page.
9.2. If you receive an arrangement of improper quality, please let us know within 24 hours of delivery at operaflowers2@gmail.com or by calling +380 98 288 9928. Include the order date, a short description and a few photos of the arrangement from different sides.
9.3. We confirm that we have received your request within one day and review it within 7 business days. We may ask for more photos or details during the review.
9.4. If the complaint is justified, the Seller, by agreement with the Buyer, replaces the arrangement with an equivalent one or refunds the payment.
9.5. The Seller is not responsible for defects that appear after delivery due to improper care or storage of the arrangement or actions of third parties.
10. Liability
10.1. The parties are liable for failing to meet their obligations in accordance with Ukrainian law and this agreement.
10.2. The Seller is not liable for late or failed delivery caused by inaccurate details, the Recipient’s absence at the address, their refusal to accept the order or a change of time at their request.
10.3. The parties are released from liability if the order could not be fulfilled because of force majeure, such as military action, air raid alerts, power outages, natural disasters or severe weather. The party affected by such circumstances informs the other party as soon as possible.
11. Personal data
11.1. The Seller processes the personal data of the Buyer and the Recipient only to fulfil the order, as described in the Privacy Policy.
12. Disputes
12.1. This agreement is governed by Ukrainian law. The parties resolve any disputes through negotiation. If no agreement is reached, the dispute is settled under Ukrainian law.
13. Seller details
Individual entrepreneur Roksolana Havryshchenko
Tax ID (RNOKPP): 3598905269
Atelier: 22 Svobody Avenue, Lviv, Ukraine
IBAN: UA053052990000026008031036253, JSC CB PrivatBank
Phone: +380 98 288 9928
Email: operaflowers2@gmail.com
This is a translation for convenience. In case of any discrepancy, the Ukrainian version prevails.