Public Offer Agreement

Public offer agreement
for the purchase of goods through an online store AniRoses.by

1.General provisions

1.1. This agreement defines the procedure for the Seller to conduct the purchase and sale of Goods through an Online store in accordance with Article 405 of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code of the Republic of Belarus) and is the official public offer of the Seller addressed to an indefinite circle of persons.

1.2. The fact of acceptance (acceptance) by the Buyer of the terms of this Agreement is:

a message about the selection and ordering of goods sent by clicking the "Place an order" button in the "Shopping Cart" section via electronic communication, in accordance with the procedure and conditions defined by this Agreement and the terms (clause 3 of Article 408 of the Civil Code of the Republic of Belarus).

sending a message to the Buyer about the intention to purchase the goods by means of postal, telegraph, teletype, telephone, electronic or other communication, which allows to reliably establish that the message comes from the Buyer, as well as in another form not prohibited by the legislation of the Republic of Belarus.

1.3 The contract can be concluded by drawing up a document signed by the parties.

1.4 The contract of sale of goods according to the sample is considered concluded, from the moment of the consent mark when placing an order in the Online store.

1.5 The contract is considered fulfilled from the moment of delivery of the goods to the place specified in the contract, and if the place of transfer of the goods is not determined by the contract, from the moment of delivery of the goods to the Buyer's place of residence or other address specified by him.

1.6. When the Buyer and Seller are mentioned together in the text of this agreement, the latter are referred to as the Parties, and each separately as a Party.

1.7. Each Party guarantees to the other Party that it has the appropriate right and sufficient capacity, as well as all other rights and powers necessary for the conclusion and execution of this agreement.

1.8. By ordering Goods through the Online Store, the Buyer accepts and agrees to all the conditions set forth in this agreement and with the information posted on the Website at the time the Seller accepts the Order.

1.9. The requirements of the Laws of the Republic of Belarus "On Trade", "On Consumer Rights Protection" (hereinafter – the Law) and other regulatory and legal acts of the Republic of Belarus regulating retail sales are applied to the relations between the Parties under this agreement.

1.10. The Seller reserves the right to make changes to this agreement and to the information on the Website, in connection with which the Buyer undertakes to take into account possible changes at the time of contacting the Seller with the Order for the Goods.

1.11. Publication of information that obviously does not correspond to the product, including prices, photos and product descriptions, is recognized as a technical error.

2. Execution and deadlines of the order.

2.1. The Customer's order can be placed by phone and/or messengers (WhatsApp, Wiber, Telegram) and/or via the Website.

2.1.1. When placing an Order by phone, the Buyer provides the Seller with the following necessary information for placing an Order: the desired product and quantity, the delivery address of the product, the contact phone number, the desired time of receipt of the order, the surname, the name of the Recipient.

2.1.2. When placing an Order through the Website, the Buyer fills out an electronic Order form for the Goods and sends the generated Order to the Seller via the Internet.

2.2. The information in the Order received by the Seller is agreed with the Buyer or Recipient by contact phone or e-mail in order to clarify, including the specific date and time of delivery of the Goods.

2.3. Incorrectly or inaccurately specified information prevents the execution of the order within the specified period. In such cases, the delivery time is postponed by us until the missing correct information is received.

2.4. When placing an Order through the Website, the Buyer receives a notification email to the specified email address confirming the fact that the buyer has completed the Order form on the Seller's website. This notification letter is not a confirmation of the acceptance of the Order by the Seller.

2.5. If it is found that the Seller's warehouse does not have the necessary Goods or the required quantity. The seller has the right to replace with a similar product (by color, characteristics, by the amount in the order). The Buyer has the right to agree to accept the Goods in the quantity available from the Seller, or to refuse (cancel) the Order.

2.5. If the Buyer has any questions regarding the description, properties and characteristics of the Goods, before placing an Order, the Buyer must contact the Seller by phone or by means of online consultation indicated on the Online store's Website.

2.6. Orders are accepted online on the website 24 hours a day. Receiving orders and processing orders by the manager is carried out from 07:00 am to 22:30.

2.6.1. Orders received on the website during business hours from 07:00 am to 22:30 are processed by us within 1 hour from the moment of receipt, and are accepted for execution after our operator has finally agreed with you all the terms of delivery by phone.

2.6.2. Orders received on the website outside of business hours are accepted for execution on the next working day from 07:00 after our operator has finally agreed with you all the terms of delivery by phone within 1 hour.

2.6.3. The time interval for delivery when paying in cash is from 1 to 3 hours from the moment of final approval of the Order. Order delivery

with a non-cash payment form, it is carried out within 4 hours after confirmation of its 100% payment.

2.6.4. Delivery time on holidays: the specified time when placing an order, the delivery in the basket is festive - approximate, we guarantee to deliver all bouquets by 23:00.

2.7 The minimum order cost is 30.0 rubles.

3.Product delivery

3.1. When ordering Goods by the Buyer on the terms of delivery, the Seller will make every effort to comply with the terms of delivery of the Goods specified on the Website or agreed with the Buyer after placing the order, while not excluding reasons that may arise and affect the delivery time in the form of unforeseen events and circumstances, occurred through no fault of the Seller.

3.2. The Buyer may request delivery of the goods without prior call to the Recipient, while the Order is delivered to the address specified by the customer in the application. If the Recipient is not in place at the time of delivery, we transfer the order to third parties (relatives, colleagues, neighbors, concierge, security, etc.). If it happens that no one can accept the order, the delivery of the order is considered completed, or if it turns out that the address is incorrect, then the delivery is also considered completed in full, and the amount of payment for the order is non-refundable. Repeat delivery is paid (5 rubles, as of March 2021).

3.3. The risk of accidental death or accidental damage to the Goods passes to the Buyer or Recipient at the time of transfer of the Goods. After accepting the goods, the Buyer is responsible for the damage.

3.4. At the time of delivery of the Goods, the person performing the delivery shows the appearance to the Buyer and/ or Recipient. If the product has external defects, the buyer has the right to refuse the product.

3.5. The inspection of the Goods must be carried out with the preservation of the presentation.

4. Payment for the goods

4.1. The price of the Product is indicated next to a certain product name on the Website of the Online store on the product page in Belarusian rubles.

4.2. The price of the Goods on the Online Store's Website can be changed unilaterally by the Seller. At the same time, the price of the Product for which the Order is placed is not subject to change.

4.3. Payment for the Goods by the Buyer or Recipient is made in Belarusian rubles in the form and methods specified by the Seller in the "payment" section on the Online store's Website.

4.4. The Seller has the right to provide discounts on Goods to the Buyer or Recipient and to establish a bonus program. The types of discounts, the procedure and conditions for accrual and provision of bonuses are indicated on the Online store's Website in public access and can be changed by the Seller unilaterally.

5. Return of the goods.

5.1. The Buyer or Recipient has the right to refuse to receive the Goods at any time before payment. Or 1 day before the delivery date of the order, if the order was previously paid online.

5.2. The Buyer or Recipient has no right to return the Goods of proper quality, according to the List of non-food products of proper quality that are not subject to exchange and return, approved by Resolution of the Council of Ministers of the Republic of Belarus No. 778 of 06/14/2002.

5.3. The Buyer or the Recipient to whom the Goods of inadequate quality were sold, if it was not agreed by the Seller, has the right to demand at his choice:

– replacement of substandard Goods with Goods of proper quality;

– a proportionate reduction in the purchase price of the Product;

– immediate gratuitous elimination of Product defects;

– terminate the contract of retail sale and demand a refund of the amount of money paid for the Goods.

5.4. In case of refusal of the Buyer or Recipient from the contract, in accordance with the terms of clause 5.1 of this agreement, and simultaneous submission of a claim for the refund of the amount paid for the Goods, the value of the Goods shall be refunded to the Buyer or Recipient within 5 (five) working days, excluding Saturday and Sunday, from the moment the Seller receives a written application from the Buyer or Recipient.

6. Warranty and liability

6.1. The Seller is not responsible for damage caused to the Buyer or Recipient as a result of improper use by the latter of the Goods purchased in the Seller's Online store.

6.2. The Seller is not responsible for the content and functioning of other Internet sites.

6.3. The Seller is not responsible for the consequences associated with the actions of the Buyer or Recipient in the case of using the Goods purchased from the Seller for business purposes.

6.4. The Seller is not responsible for the losses of the Buyer or Recipient resulting from:

– providing inaccurate information when approving an order, including incorrect identification information;

– illegal actions of third parties

6.5. The Buyer or Recipient is fully responsible for the accuracy of the identification information provided by him when ordering the Goods in the Online store

6.6. The Parties are released from liability for full or partial non-fulfillment of their obligations if such non-fulfillment was the result of circumstances

force majeure arising after the entry into force of this agreement and/or as a result of extraordinary events that the Parties could not have foreseen and prevented by reasonable measures.

6.7. In other cases not provided for in clause 5.7 of this agreement, the Parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the current legislation of the Republic of Belarus.

7. Confidentiality and protection of personal information.

7.1. Provision of information by the Buyer.

7.1.1. When forming an Order for Goods through the Online Store's Website or by phone, the Buyer provides the Seller with information that allows the Seller to identify the Buyer and fulfill the terms of this agreement in good faith and on time.

7.1.2. By submitting their personal data when ordering Goods, the Buyer agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller.

7.1.3. If the Buyer does not want his personal data to be processed, then he must contact the Seller through the Feedback form on the Website. In this case, all personal information received from the Buyer is deleted from the Seller's customer base.

7.2. Use of information provided by the Buyer and received by the Seller.

7.2.1. The Seller uses the information:

– to fulfill its obligations to the Buyer;

7.3. Disclosure of information received by the Seller:

7.3.1. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of an agreement with the Seller to fulfill obligations to the Buyer or Recipient.

7.3.2. Disclosure of information in accordance with reasonable and applicable legal requirements is not considered a violation of obligations.

8. Other conditions

8.1. The law of the Republic of Belarus applies to the relationship between the Buyer and the Seller.

8.2. In case of questions and claims on the part of the Buyer or Recipient, he must contact the Seller by phone or through the Feedback form on the Online store's Website.

8.3. The Parties will try to resolve all disputes arising through negotiations. If a mutually beneficial agreement is not reached, the dispute between the Parties will be referred to the judicial authority in accordance with the current legislation of the Republic of Belarus.

8.4. The court's recognition of the invalidity of any provision of this agreement does not entail the invalidity of its other provisions.

8.5. The Seller has the right to use the Buyer's email address and phone numbers to send informational messages.

9. Details of the Seller.