PUBLIC OFFER TO CONclude A CONTRACT FOR THE PURCHASE AND RENDERING OF SERVICES FOR THE DELIVERY OF "FLOWERS AND GIFTS
In this Public Offer, the terms listed below are used with the following meanings:
Terms and definitions
1. "Customer" — any individual or entity (citizen, individual entrepreneur, or legal entity), which when placing an order (referred to hereafter as the "Order") for the purchase and delivery of "Flowers and gifts," information about which is posted on the "Website," accepts (consents to) this public offer (offer) from the Seller to enter into a contract for the purchase and provision of delivery service.
1. "Seller" — an organization of any legal form, as well as an individual entrepreneur, who sell goods to consumers under a sales contract;
1. "Recipient" – persons designated by the Buyer who will accept delivered Flowers and gifts.
1. "Acceptance of the Offer" – full and unconditional acceptance of the Offer by the Buyer through placing an Order on the "Website" and its payment.
1. "Website" – The online store pro-buket.kz with structured information describing and pricing the Seller's products and services.
1. "Agreement" – Agreement for the acquisition and provision of service for delivering "Flowers and gifts".
1. "Flowers" – an arrangement prepared according to the Customer's requirements using professional floristry skills, consisting of flowers and other plants, special packaging (including baskets, planters, boxes, ribbons, etc.), greeting cards or other text carriers, as well as additional gifts presented on the Internet site.
1. "Gifts" — additional and accompanying items presented on the Seller's website for sale.
1.8.1. “Indoor Plants” – live plants in pots, planters, or other containers intended for long-term cultivation indoors, offered in the assortment of the Seller’s Website. Indoor plants are live goods and after delivery require regular care in accordance with their species-specific characteristics.
1.8.2. Unless otherwise follows from the context of this Offer, the provisions of this Offer relating to Flowers apply equally to Indoor Plants.
1. "Order" – a customer's application for the purchase and delivery of Flowers and gifts submitted on the Seller's website, which contains information agreed upon by both Parties regarding the quantitative and qualitative characteristics of the Flowers, the number of gifts, as well as the time, place, and conditions of their delivery. The list of information to be agreed upon by the Parties when placing an Order is defined in paragraph . of the Offer. The Customer may place an Order on the website of the online store or through an operator by phone numbers listed on the site, under the terms of this public offer.
1. "Price" – the amount of money for which the Seller is ready to transfer (sell) a unit of goods (flowers, gifts).
1. The price for each item is listed on the website of the online store.
1. The seller has the right to unilaterally change the price of any item presented on the website of the online store.
1. The seller is obligated to update the website of the online store with current price information when changing prices; otherwise, the price change is not justified.
1. The Seller is not allowed to change the price of an order that has been paid for by the Buyer.
1. The seller specifies the delivery cost of the order on the website of the online store or informs the Buyer when the order is being placed.
1. The Buyer's obligation to pay for the order is considered fulfilled from the moment the Seller receives the funds.
1. "Promotion" — a marketing event conducted by the Seller aimed at forming and increasing customer loyalty. The following types of promotions may be featured on the Seller's website:
Promotional offer" — may be expressed as providing a discount on the purchase of a specific unit of goods, by indicating the calculation of the price to be paid with the discount (the original price is struck out, and the discounted price to be paid is indicated next to it).
1. Discounts for types of offers do not sum up with each other.
Subject of the Agreement
2. This public offer (Agreement) is an official proposal by Individual Entrepreneur Semenov Danil Romanovich to a natural or legal person possessing capacity and the necessary authority to enter into this Agreement on the terms specified in this offer.
2. Acceptance of this offer is the placement of an Order by the Buyer on the website https://pro-buket.kz
2. Based on the concluded offer, the Seller undertakes to sell Flowers in accordance with the current price list and catalogs, and organize delivery of Flowers to Recipients, while the Buyer undertakes to pay for the Flowers under the terms of this offer. The quantity and name of the Flowers are determined by the Buyer's Order, which is filled out in accordance with the Rules posted on the website https://pro-buket.kz.
2. The total order amount of the Buyer (hereinafter referred to as "Order Amount") includes the purchase price of Flowers and the cost of delivery to the persons specified by the Buyer.
2. In the case of the Buyer specifying remote delivery areas or rare types of Flowers when placing an Order, the final price and other contract terms are agreed by phone, in messengers, or by email.
2.6. Flowers shall be delivered to the Recipient at the address specified in the Order. The fulfillment period of the Buyer’s order depends on the type of Flowers (bouquets and floral arrangements, wedding bouquets, indoor plants), delivery conditions (delivery during working hours, delivery on holidays and pre-holiday days, delivery outside working hours), the delivery location, and the service area. A detailed description of the conditions for delivering Flowers to Recipients is provided in the “Delivery and Payment” section.
Rights and Obligations of the Parties
3. Seller is obliged:
3. Arrange for the delivery and transfer of Flowers to the Recipient in accordance with the accepted Order, either independently or by engaging third parties.
3. In the case of substandard quality of Flowers, take actions to ensure satisfaction of the Buyer's requirements related to the substandard quality of Flowers: refund all or part of the amount of money paid by the Buyer for the Flowers, or organize a re-delivery of high-quality Flowers to the Recipient.
3.1.3. If the Recipient refuses to accept the Flowers or is absent at the delivery location at the time agreed in the order, the person carrying out the delivery of the Flowers shall take the Flowers into custody for safekeeping with notification of the Buyer by telephone and/or email specified when placing the order. The Buyer must, within twenty-four hours from the moment the Flowers are taken into safekeeping, collect them independently at the time and place specified by the Seller, unless another period is agreed by the Parties, or agree on a new delivery time subject to payment for re-delivery. After the expiration of the specified period, the Agreement shall be deemed fulfilled with withholding of 100% (One hundred percent) of the cost of the Flowers.
3. The seller is entitled to:
3. Retain the full cost of the Order in case the Buyer provides a non-existent or incomplete Recipient address, except where, by mutual agreement of the Parties, the Buyer pays for redelivery of Flowers to the corrected address.
3. Arrange for the delivery of Flowers to an address different from the one specified in the Customer's Order, provided that the new address and delivery time are agreed upon with the Recipient.
3. To refuse delivery without refunding the Order Amount paid, or by mutual agreement of the parties, to receive additional payment from the Buyer for the cost of delivery or the cost of Flowers in case the Buyer has specified an incorrect recipient city.
3.2.4. Not to refund the Order Amount paid by the Buyer if, within 15 (fifteen) minutes from the moment the courier arrives at the address specified in the Order, the Recipient does not respond.
3. In the absence of the ordered Flowers by the Seller, deliver to the Buyer existing Flowers in the amount equal to what was paid by the Buyer, if the Buyer placed an Order with payment on the website but did not provide their contact information.
3. The customer is obliged:
3. Make payment of the Order Amount before the delivery of Flowers to the Recipient in accordance with the conditions of the Order placed by the Customer. The Customer is entitled to make payment for the ordered Flowers using one of the methods described in the "Delivery and Payment" section.
3. Reimburse the Seller for any additional expenses incurred due to the Buyer's fault before the Seller fulfills its obligations.
3. The Customer is entitled to:
3. Receive discounts when placing an Order. The conditions for receiving discounts are specified on the Internet site.
Additional conditions
4. This Agreement enters into force upon receipt by the Seller of the Buyer's Order and remains in effect until all obligations provided for in the Agreement and arising from it are fulfilled by the Parties.
4. When placing an Order, the Buyer confirms that the terms of this Agreement and other conditions listed on the website at https://pro-buket.kz at the time of concluding the Agreement are accepted by him without any objections and correspond to his true will as a Buyer. When placing an Order, the Buyer has understood the meaning of the terms, words, and expressions used in this Agreement according to their normative-legal definition and/or interpretation under the legislation of the Republic of Kazakhstan.
4. The Customer agrees that:
4.3.1. Depending on the season, minor changes in the composition of the bouquet, as well as in baskets with fruits and chocolate, are possible (to equivalent items of equal value) but not more than 15% of the product composition.
4.3.2. The length of a rose stem may vary within +/-10 (ten) centimeters from the declared length, depending on the specific supply and supplier.
4.3.3. The Buyer can obtain 100% accurate information about the current availability of Flowers and the possibility of delivering the ordered Flowers only from the Seller's managers, since on the Seller's website information about the current availability of Flowers is updated periodically, and not in real time.
4.3.4. The surcharge for waiting for the Recipient after arrival, when delivering an order to the airport, bus and railway station, is 2,000 (two thousand) tenge.
4. The Seller is not responsible for the delayed delivery of Flowers to the Recipient in case of unforeseen circumstances such as traffic jams in the city which are outside the control of the Seller, as well as if the delivery is made on holiday days (February 14, March 8). In such cases, the Seller will make every effort to deliver the Flowers as soon as possible, but cannot guarantee delivery at the time agreed upon in the Order.
4.3.6. Houseplants are a living product. During the first 1–2 (one–two) weeks after delivery, shedding of some leaves, temporary wilting and other manifestations of the plant's adaptation to new conditions (changes in lighting, temperature, humidity and microclimate) are possible. Such manifestations are a natural reaction of the plant and are not recognized as a defect (improper quality) of the product.
4.3.7. Each Houseplant is unique, and therefore minor differences between the delivered plant and the image on the website are possible in height, shape and density of the crown, number of leaves and branches, as well as in the shade and shape of the pot/planter. These differences are not recognized as a defect of the product. The absence of flowering in a plant purchased outside its flowering season is also not a defect.
4.3.8. Responsibility for the safety and condition of the Houseplant passes to the Buyer (Recipient) from the moment of its delivery. The Seller is not responsible for the deterioration or death of the Houseplant resulting from improper care after delivery, as well as from the Buyer's (Recipient's) failure to follow care recommendations.
4.3.9. The Buyer (Recipient) undertakes to inspect the Houseplant at the moment of its receipt. If mechanical damage, signs of disease or pests are detected, the Buyer (Recipient) is obliged to immediately notify the Seller thereof and, where possible, to record the identified defects in a photo or video in the presence of the courier. Claims on the specified grounds made without such recording or after a reasonable period following delivery may be rejected by the Seller.
Seller details: IE SEMYONOV DANILA ROMANOVICH 050010 Almaty, Medeu district, Radlova str., 50/40 Almaty, Almaty region 050010 Kazakhstan KZ876018861000218861 DB JSC "Halyk Bank of Kazakhstan" BIC HSBKKZKX