1. Terms and Definitions

 

• 1.1. ‘Buyer’ – any person (citizen, individual entrepreneur or legal entity), who by placing an order (hereinafter referred to as ‘Order’) for the purchase and delivery of ‘Flowers’, ‘Gifts’ and any other goods posted on the ‘Seller’s’ website, information about which is posted on the ‘Internet site’, accepts (accepts) this public offer (offer) of the Seller to enter into a Retail Sales Agreement.

 

• 1.2. ‘Acceptance of the Offer’ – full and unconditional acceptance of the Offer by the Buyer, by placing an Order on the ‘Internet site’, ‘In social networks’, ‘On payment link’ and its payment.

 

• 1.3. ‘Internet site’ Internet shop https://birdsflowers.md, catalogue in social networks Instagram (https://www.instagram.com/birdsflowers.md/).

 

• 1.4. ‘Contract’ – Retail Sales Contract for Flowers, bouquets, gift baskets, alcohol, gift certificates, balloons, decor, confectionery and any other goods presented on the ‘Seller’s’ site.

 

• 1.5. ‘Goods’ – a set of flowers and other plants, special packaging (including baskets, cachepots, ribbons, etc.), fruit, sweets, decor, soft toys, cards and other text carriers, as well as additional gifts presented on the Internet site, arranged in accordance with the Buyer’s requirements, using professional floristic skills.

 

• 1.6. ‘Recipient’ – persons specified by the Buyer who accept the delivered Flowers, Gift Baskets, soft toys and other.

 

• 1.7. “Order” – the Buyer’s request for the purchase and delivery of Goods, which includes information agreed upon by both Parties regarding the quantity, quality characteristics, delivery time, and place of the Goods. The list of information to be agreed upon by the Parties when placing an Order is determined in Clause 2 of the Offer. The Buyer may place an Order via the online store’s website, by contacting the operator through the phone numbers provided on the website, or through social networks and messaging platforms, in accordance with the terms of this public offer. By placing an Order for the purchase and delivery of Goods listed on the website, the Buyer accepts this public offer from the Seller to conclude a Retail Sale Agreement. This offer to conclude a Retail Sale Agreement remains valid for all Flowers and other Goods (excluding seasonal Goods) for as long as the relevant product information is available on the website. Upon confirmation of the Order made in accordance with the rules posted on the website, the Seller and the Buyer shall be deemed to have entered into a Retail Sale Agreement.

 

• 1.8. “Seller” – the legal entity MILANEVA SRL, registration number 1021600012940, hereinafter referred to as the “Seller”, or https://birdsflowers.md, or a natural person offering services or Goods to the Buyer.

2. Subject of the Contract

 

• 2.1 The Seller undertakes to conclude the Contract in accordance with the current price list and catalogues published on the Website and arrange delivery of the Goods to the Recipients, and the Buyer undertakes to pay for the Goods on the terms and conditions of this Contract. The quantity and name of the Goods shall be determined by the Buyer’s Order made in accordance with the rules posted on the Website.

 

• 2.2. The total amount of the Buyer’s order (hereinafter referred to as the ‘Order Amount’) includes the purchase price of the Goods, postcards and other related products, as well as the cost of delivery to the persons specified by the Buyer.

 

• 2.3. If the Buyer specifies remote delivery areas or rare types (seasonal) of Flowers when placing the Order, the final price and other terms of the contract shall be agreed by phone or e-mail.

 

• 2.4. The Goods shall be delivered to the Recipient at the address specified in the Order. The term of execution of the Buyer’s Order depends on the type of the Goods (bouquets and flower arrangements, wedding bouquets, exclusive baskets), delivery conditions (delivery during working hours, delivery on holidays and pre-holidays, delivery outside working hours), delivery location, service area. A detailed description of the terms of delivery of the Goods to the Recipients is provided in the section ‘Delivery’.

 

• 2.5. When placing an Order on the Seller’s website, the Buyer undertakes to provide the following registration information about itself and the Goods Recipient: – Buyer’s surname, first name, mobile phone, email. – surname, name of the recipient of the Goods, actual delivery address, contact phone numbers, delivery wishes.

 

• 2.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order, including personal data specified by the Buyer. In case the data were specified incorrectly, the Seller is not responsible.

 

• 2.7. The Seller may engage third parties to fulfil the Orders, while remaining liable for their actions to the Buyer and the Recipient.

 

• 2.8. We would like to draw your attention to the fact that it is advisable to place an order in advance – at least a few hours before the moment of delivery. In the best case one day before the order is placed. In addition, before placing an order we recommend you to contact our manager, who will answer all your questions and advise on the availability of the Goods. Flowers are seasonal goods. In some compositions there may be changes in colour and size. It is allowed to make substitutions in compositions not more than 40% of the bouquet itself.

 

• 2.9 Work on public holidays: 6,7,8 March, 13,14 February, Mother’s Day. We do not deliver by the specified time due to the large number of requests. On these days we deliver during the day.
• 2.9.1 On holidays: 6,7,8 March, 13,14 February, Mother’s Day, in exceptional cases, the replacement of the colour of roses or other flowers in the bouquet can be carried out without agreement with the customer for timely delivery.

 

• 2.10. When placing an order in the online shop, the Buyer consents to the processing of his/her own and the recipient’s personal data (including surname, name, phone number) in accordance with the current laws of the Republic of Moldova ‘On Personal Data’. for the purpose of sending catalogues, information about promotions and special offers. The Buyer’s consent to the processing of personal data is granted without limitation of its validity.

 

• 2.11. The Buyer, who indicated his mobile phone number when placing an order in the online shop, by this action gives his consent to receive sms-messages of advertising and informational content via this mobile phone number.

 

• 2.12. The public offer is a contract between the seller and the buyer. When buying on the website / in the shop / through the payment link – the buyer gives his agreement to conclude a contract between the ‘Seller’ and the ‘Buyer’ and unconditionally accepts the terms of this agreement. This agreement is available in 3 languages – Russian, Romanian, English. Any disputes shall be settled according to the legislation in force in the Republic of Moldova directly in the territory of registration of the legal entity, namely in the Republic of Moldova.

 

• 2.13. This public offer agreement is notarised by the Notary and has legal force on the day of its certification. This confirmation is the fact of the existence of all the clauses in the contract.

 

• 2.14. The delivery of alcoholic beverages is carried out in accordance with the legislation in force in the Republic of Moldova. We do not deliver alcoholic beverages after 22:00. Also we do not deliver alcoholic beverages to persons under 18 years of age. In case the courier has suspicions – the courier has the right to ask for the passport of the recipient. In case the recipient is not 18 years old – the ‘Seller’ returns the alcoholic beverages back to the shop, and the Buyer will be refunded the price of the products, except for delivery costs – 60 lei in Chisinau, in Moldova – 6,5 lei per km (see p.3.1.5.).

 

• 2.15 The user who has made an order by phone, in social networks, messengers or on the website birdsflowers.md – automatically enters the unified database and becomes a registered user. In the future, access to the personal cabinet is available by phone number or email.

 

3. Rights and obligations of the Parties

 

3.1. The Seller shall be obliged to:

3.1.1. Arrange the delivery and transfer of the Goods to the Recipient, either personally or through third parties, in accordance with the Order accepted for execution.

3.1.2. If the “gift delivery photo” service is ordered, send the photo to the email address or messenger/social media account specified during the Order placement within three (3) working days from the date of delivery. The Seller is released from this obligation if the Recipient verbally refuses to be photographed.

3.1.3. In case of improper quality of the Goods, take actions to address the Buyer’s claims, which may include a full or partial refund of the amount paid by the Buyer or arranging a re-delivery of Goods of proper quality. This is subject to the Buyer providing photographic evidence of the quality issue. As flowers are perishable items, claims regarding their quality must be submitted exclusively to the Seller’s email address: info@birdsflowers.md, no later than four (4) hours after delivery. If this time-frame is exceeded, the Seller reserves the right to deny any refund or compensation. This clause does not apply to balloons. The Seller does not guarantee the service life of balloons, especially helium-filled ones, which are susceptible to environmental factors such as temperature fluctuations, drafts, and contact with sharp objects or surfaces. Since it is impossible to determine the exact cause of deflation or bursting, the successful transfer of the specified number of balloons to the Recipient constitutes a “Successfully Completed” transaction.

3.1.4. After the transfer of the Goods to the Recipient, notify the Buyer of the completion of the Order via SMS, phone call, or email, using the contact details provided by the Buyer during Order placement. If no objections are received from the Buyer within three (3) hours of the notification, the Seller’s obligations under this Agreement shall be considered fulfilled.

3.1.5. If the Recipient refuses to accept the Goods or is unavailable at the delivery location at the agreed time, the delivery person shall retain the Goods in safekeeping and notify the Buyer by phone or email using the contact details provided in the Order. The Buyer must collect the Goods within 24 hours of safekeeping, at the time and location specified by the Seller, unless another arrangement is made. Alternatively, the Buyer may agree to a new delivery time, subject to an additional delivery fee of 60 lei within Chisinau or according to applicable tariffs within Moldova. If the Goods are not collected or a new delivery is not arranged within the specified period, the Contract shall be deemed fulfilled, with 50% of the value of the Goods retained by the Seller.

 

3.2. The Seller may:

 

3.2.1. Withhold the full price of the Order if the Buyer provides a non-existent or incomplete address for the Recipient, except in cases where the Parties agree that the Buyer will cover the cost of a repeated delivery (60 lei within Chisinau or according to applicable tariffs within Moldova).

3.2.2. Deliver the Goods to an address different from that indicated in the Buyer’s Order, provided that the new delivery address and time are agreed upon with the Recipient.

3.2.3. Refuse delivery without refunding the paid Order amount or, subject to agreement between the Parties, request an additional payment from the Buyer to cover the cost of delivery or the cost of the Goods, if the Buyer has provided an incorrect delivery location for the Recipient.

3.3. The Buyer shall be obliged to:

 

3.3.1. Pay the full Order amount prior to the delivery of the Goods to the Recipient, in accordance with the terms and conditions of the Order placed. Payment may be made by any of the methods described in the “Delivery and Payment” section at https://birdsflowers.md.

3.3.2. Reimburse the Seller for any additional expenses incurred due to the Buyer’s fault prior to the fulfilment of the Seller’s obligations under the Agreement.

3.3.3. Provide accurate personal information for both the Buyer and the Recipient, including the correct settlement according to the Recipient’s location. If the Recipient is not present at the specified delivery address, or the settlement was indicated incorrectly, the Seller will send the Buyer a payment link for the cost of additional delivery services. If the Buyer refuses to make the payment, the Seller has the right to unilaterally cancel the sales contract and return the bouquet to the showcase. In such cases, the Buyer has the right to collect the Order from the store within 24 hours from the moment of refusal to pay the additional costs.

3.3.4. If the option “It is a surprise, do not call before delivery” is selected and the courier is unable to locate the Recipient at the delivery address, the courier is permitted to contact the Recipient by phone and attempt delivery to an alternative address one (1) time only (within Chisinau or the designated delivery city), provided that the Order value exceeds 1000 lei. If the Order value is less than 1000 lei, the Seller has the right to request additional payment from the Buyer for the extra courier services, and the Buyer agrees to pay these charges promptly. If the Buyer refuses to pay for additional delivery services, the Seller has the right to unilaterally terminate the contract and place the Goods back on display. The Buyer retains the right to collect the Order personally from the store within 24 hours of the refusal to pay the additional delivery fee.

4. Additional Terms and Conditions

 

4.1. This Agreement shall enter into force upon receipt of the Buyer’s Order by the Seller and shall remain in effect until both Parties have fully performed their obligations under and arising from this Agreement.

4.2. By placing an Order, the Buyer confirms that they have read and understood the terms and conditions of this Agreement, as well as any additional terms outlined on the website https://birdsflowers.md. At the time of concluding the Agreement, these terms are accepted by the Buyer without objections and reflect the Buyer’s genuine and informed intent. The Buyer further confirms that they understand the meaning of the terms, words, and expressions used in this Agreement in accordance with their legal definitions and/or interpretation under the laws of the Republic of Moldova.

4.3. Possible Delivery Challenges The following issues may arise during the delivery of gifts:

• The Recipient is temporarily unavailable (e.g., away on business). In such cases, the courier contacts the Recipient, clarifies when they will return to the specified address, waits if possible, and delivers the gift;

• The intercom at the delivery location is not functioning;

• The Recipient does not respond to the doorbell;

• The Recipient refuses to accept the gift.

In the event of such difficulties, the Seller (Executor) contacts the Buyer to arrange an alternative delivery time and/or address. If the Recipient refuses to accept the gift, the Seller’s representative will notify the Buyer via phone or messenger, specifying the reason for the refusal. The Order may then be returned to the Seller’s store, or redirected to another address or to a different recipient, as instructed by the Buyer via written correspondence.

If the Buyer refuses to change the delivery address or designate an alternative recipient, the Order shall be deemed fully completed. Any repeated delivery is subject to an additional fee of 60 lei within the city of Chisinau, or according to the rate of 6.5 lei per km elsewhere in Moldova (see Clause 3.1.5 of this Agreement).

5. Bouquet Composition and Replacement of Flowers

 

5.1. The bouquet, composition, or basket selected by the Buyer from the catalog will be assembled by professional florists to closely resemble the photograph displayed on the website. However, please note that all floral arrangements are handcrafted, and minor deviations in shape or structure may occur. Additionally, as each flower is a unique natural product, slight variations in appearance are inevitable.

5.2. In the rare event that the required flowers, fruits, or other components are unavailable in stock, a manager will contact the Buyer via phone or electronic communication (as provided in the Order) to offer suitable replacement options.

5.3. If the Seller is unable to reach the Buyer by phone or email, the florist will prepare the bouquet using equivalent items of similar quality and value to replace the missing components. In such cases, the originally selected color scheme will be maintained. This ensures timely delivery of the gift without delay.

5.4. For urgent same-day orders, if certain components are unavailable and immediate delivery is required, the florists will substitute the missing items with the closest possible alternatives in appearance and quality. The overall design and value of the bouquet or basket will remain consistent with the original selection.

Return and Exchange of Cut Flowers and Potted Plants

 

Cut flowers and potted plants are perishable goods and are therefore not subject to return or exchange. Any modifications made to the flowers by the florists at the request of the Buyer—such as cutting, trimming, coloring, or other alterations—render the goods non-returnable, as they are no longer in their original purchased condition. This policy also applies to inflatable balloons, due to their sensitivity and limited lifespan.

Return and exchange of other goods of proper quality (excluding perishable items) are permitted within 14 calendar days, in accordance with the legislation in force in the Republic of Moldova.

If payment was made by bank card, any applicable refund will be processed exclusively to the same card used for the original transaction. Cash refunds are not possible after an electronic payment has been made.

Please note that the refund processing time may vary from 1 to 30 working days, depending on the issuing bank, transaction age, and other technical factors.

Seller’s Bank and Contact Details:

 

Seller: MILANEVA SRL – birdsflowers.md

Fiscal Code: 1015600042397

Legal Address: Republic of Moldova, Chișinău, str. Grenoble 130/3, ap. 11

Store Address (Actual): Republic of Moldova, Chișinău, str. Sciusev 69

Telephone: +373 79 540 540

Email: info@birdsflowers.md