Public Offer Agreement
1. General Provisions
1.1. This document is a public offer agreement (hereinafter — the “Agreement”) for the remote sale of goods between the Seller (PETRO KALASHNIKOV, NIP 5214073223, ul. Twarda 44, 00-831 Warsaw) and any adult individual or legal entity (hereinafter — the “Buyer”) who accepts the terms of this offer.
1.2. Acceptance of this offer is confirmed by placing an order via the website https://floritale.com, as well as by placing an order via electronic communication channels, including but not limited to: email, messengers (WhatsApp, Telegram, Instagram, Facebook Messenger, etc.), provided the Buyer has confirmed the intention to purchase and received a confirmation with order details from the Seller.
1.3. The Seller provides services for the production and delivery of goods, primarily items made to order and/or perishable goods (such as floral arrangements, bouquets).
1.4. This Agreement is concluded in accordance with:
• Regulation (EU) 2016/679 (GDPR)
• Directive 2011/83/EU on Consumer Rights
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2. Terms and Definitions
2.1. Online Store — the Seller’s website designed for remote sale of goods.
2.2. Buyer — an individual or legal entity that places an order.
2.3. Goods — individually produced products (e.g., floral arrangements) presented on the website.
2.4. Distance Contract — an agreement concluded without the physical presence of the parties.
2.5. Personal Data — any information that identifies a person, processed in accordance with GDPR.
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3. Subject of the Agreement
3.1. The Seller undertakes to produce and deliver the Goods to the Buyer, and the Buyer agrees to accept and pay for the Goods in accordance with this Agreement.
3.2. Orders may be placed through the website or via electronic means of communication.
3.3. Prices are indicated on the website and include applicable taxes, unless otherwise stated. Once paid, the price cannot be changed.
3.4. All Goods are custom-made and are not intended for mass resale.
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4. Payment and Delivery Terms
4.1. Payment and delivery terms are published on the website and are an integral part of this Agreement.
4.2. In the event that delivery is not possible due to the Buyer’s fault (incorrect address, phone number error, unavailability), the order shall be considered fulfilled. Redelivery is performed at the Buyer’s expense.
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5. Buyer’s Rights and Obligations
The Buyer has the right to:
• Receive information about the Goods;
• Place orders;
• Unsubscribe from marketing communications;
• Receive the Goods within the agreed time.
The Buyer undertakes to:
• Provide accurate data;
• Comply with website usage rules;
• Not interfere with the website’s operation;
• Treat couriers and company personnel with respect.
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6. Seller’s Rights and Obligations
The Seller has the right to:
• Replace individual flowers with similar ones without degrading the appearance or value;
• Refuse service in the event of aggressive or inappropriate behavior from the Buyer;
• Update the Agreement and publish changes on the website.
The Seller undertakes to:
• Process the order;
• Produce and deliver the Goods on time;
• Comply with GDPR and the internal Privacy Policy.
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7. Returns and Claims
7.1. According to Article 16(c) of Directive 2011/83/EU, the Buyer has no right to withdraw from the purchase if the Goods:
• Are made to individual specifications;
• Are perishable.
7.2. Claims regarding the quality of the Goods (including composition, appearance, damage) are accepted only within 1 hour of delivery. Claims after this period will not be accepted unless caused by improper storage conditions on the part of the recipient.
7.3. To process a claim, the Buyer must provide:
• A photo of the Goods;
• A short description of the issue;
• The time of receipt.
7.4. Replacement or refund is only possible in the case of confirmed manufacturing defects or significant deviation from the agreed order.
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8. Additional Seller Protections
8.1. Images on the website are illustrative. Variations in color, flower type, or packaging are allowed if they do not affect the overall style and value of the arrangement.
8.2. Flower substitutions may be made without prior approval, provided the volume, style, and value are preserved.
8.3. The Seller is not responsible for damages caused by third parties (delivery services, communication providers, etc.).
8.4. The Seller is not responsible for undelivered Goods due to errors in the address, phone number, or unavailability of the recipient.
8.5. Redelivery is only possible upon agreement and at an additional cost.
8.6. Decorative elements (wrapping, boxes, greeting cards) are included subject to availability and may differ from those shown on the website.
8.7. In cases of aggressive or offensive behavior by the Buyer, the Seller has the right to refuse service without a refund.
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9. Force Majeure
9.1. The parties are released from liability for full or partial non-performance of obligations under this Agreement if such non-performance results from force majeure circumstances arising after the conclusion of the Agreement.
9.2. Force majeure events include, but are not limited to:
• Natural disasters (floods, earthquakes, hurricanes, etc.);
• Epidemics and pandemics;
• War, blockades, strikes;
• Actions by governmental authorities that make performance impossible (e.g., delivery bans, border closures, service interruptions);
• Major disruptions in logistics or IT systems not under the Seller’s control.
9.3. The affected party must:
• Notify the other party within 3 calendar days;
• Provide supporting documentation if possible.
9.4. If the force majeure lasts more than 30 calendar days, either party may terminate the Agreement unilaterally by notifying the other party.
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10. Final Provisions
10.1. All disputes shall be resolved through negotiations. If resolution is not possible, disputes will be handled in court at the place of the Seller’s registration.
10.2. This Agreement enters into force upon the placement of an order and remains valid until the parties fulfill their obligations in full.
10.3. The current version of this Agreement is always available on the Seller’s website: https://floritale.com
