The Public Offer to conclude a Retail Sale Agreement

In this Public Offer, the following terms are used in the following meaning:

1. Terms and Definitions

1.1. “Buyer” – any person (citizen, individual entrepreneur or legal entity) who completes an order (hereinafter referred to as “Order”) for the purchase and delivery of “Flowers”, “Gifts” and any other goods posted on the “Seller” website which is posted on the “Internet site”, accepts the present public offer of the Seller on the conclusion of the Retail Sale Agreement.
1.3. “Offer Acceptance” – full and unconditional acceptance of the Offer by the Buyer, by means of placing an Order on the “Internet Site”, “In Social Networks”, “By links for payment” and its payment.
1.4. Internet Store Website https://birdsflowers.md, a catalog in the Instagram social network (https://www.instagram.com/birdsflowers.md/).
1.5. “Agreement” – a contract for the retail sale of flowers, bouquets, gift baskets, alcohol, gift certificates, balloons, decor, confectionery and any other goods presented on the Seller’s website.
1.6. “Goods” – designed in accordance with the requirements of the Buyer, using professional floral skills, a set of flowers and other plants, special packaging (including baskets, pots, ribbons, etc.), fruits, sweets, decor, soft toys, postcards and other media text, as well as additional gifts that are presented on the Internet website.
1.7. “Recipient” – the persons specified by the Buyer, receiving delivered Flowers, Gift baskets, soft toys and so on.
1.8. “Order” is a Buyer’s application on the Seller’s website for the purchase and delivery of the Goods, which contains information agreed upon by both Parties about the quantity and quality characteristics of the Goods, as well as the time and place of their delivery. The list of information to be agreed by the Parties to the Agreement when placing the Order is determined in paragraph 2 of the Offer. The Buyer can place an Order on the website of the online store or through the operator via the phones indicated on the website, on social networks, messengers on the terms of this public offer. The Buyer, while placing the Order for the purchase and delivery of the Goods, information about which is posted on the Internet site, accepts the present Public Offer of the Seller to conclude a Retail Sale Agreement. The offer to enter into a Retail Sale Agreement applies to any Flowers (and other Products, except seasonal) for the entire period of time that information about the respective Flowers is posted on the Internet site.
From the moment of confirmation of the Order for the purchase and delivery of the Goods, arranged in accordance with the rules posted on the Internet site between the Seller and the Buyer, a Retail Sale Agreement has been concluded as follows:
1.9 “Seller” – legal entity “MILANEVA SRL” f/c 1015600042397 hereinafter referred to as “Seller” or https://birdsflowers.md or an individual offering the service/product to the “Buyer”

2. The subject of the Agreement

2.1. The Seller undertakes to conclude an Agreement in accordance with the current price list and catalogs published on the Internet site and arrange for the delivery of the goods to the Recipients, and the Buyer undertakes to pay for the Goods on the terms of this Agreement. The quantity and name of the Goods shall be determined by the Buyer’s Order, executed in accordance with the rules posted on the Internet site.
2.2. The total price of the Buyer’s order (hereinafter referred to as the “Order Price”) includes the purchase price of the Goods, cards 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 areas of delivery or rare species (seasonal) of Flowers when placing the Order, the final price and other terms of the Agreement shall be agreed by phone or e-mail.
2.4. Goods shall be delivered to the Recipient at the address specified in the Order. The date of the Buyer’s order depends on the type of goods (bouquets and flower arrangements, wedding bouquets, exclusive baskets), delivery conditions (delivery during business hours, delivery on holidays and pre-holiday days, delivery after business hours), from the place of delivery, and service area. A detailed description of the delivery time of the Goods to the Recipients is provided in the “Delivery” section.
2.5. When placing an order on the Seller’s Internet site, the Buyer undertakes to provide the following registration information about himself and the recipient of the Goods:
– Last name, first name of the buyer, mobile phone, email.
– Surname, name of the recipient of the goods, the actual delivery address, contact numbers, suggestions regarding the delivery.
2.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order, including the personal data specified by him. If the data was specified incorrectly, the “Seller” is not responsible.
2.7. The Seller has the right to involve third parties for the execution of Orders, while remaining responsible for their actions to the Buyer and the Recipient.
2.8. Individually, we draw your attention to the fact that it is desirable to place an order in advance – no less than a few hours before delivery and at best, the day before the order. In addition, before placing your order, we recommend that you contact our manager, who will answer all your questions and advise you on the availability of goods. Flowers are a seasonal commodity. Some compositions may have variations in color and size. Changes in the compositions are allowed not more than 40% of the bouquet itself.
2.9. Work on Holidays: March 6, 7, 8, February 13, 14, Mother’s Day. We do not deliver at the specified time due to a large number of applications. On these days we deliver during the day.
2.9.1. On holidays: March 6, 7, 8, February 13, 14, Mother’s Day, in exceptional cases, the color change of roses or other flowers in a bouquet can be carried out without the consent of the client for the implementation of timely delivery.
2.10. When placing an order in the online store, the Buyer agrees to the processing of his or her personal data of the recipient (including first name, second name, phone number) in accordance with the laws of the Republic of Moldova on personal data for the purpose of sending out catalogs, information about promotions and special offers. The consent of the Buyer 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 store, by the indicated action consents to receiving SMS-message advertising and information content via specified mobile phone number.
2.12. A Public Offer is a contract between a Seller and a Buyer. When buying online/in a store/through a payment link – the Buyer gives his agreement to conclude an Agreement between the “Seller” and “Buyer” and unconditionally accepts the terms of this Agreement. This Agreement is available in 3 languages – Russian, Romanian, and English. Any disputes are resolved in accordance with the current legislation of the Republic of Moldova directly on the territory of registration of a legal entity, namely in the Republic of Moldova.
2.13. This public offer is certified by a Notary and has legal force on the day it is certified. This confirmation is the fact of the presence of all clauses in the contract.
2.14. Delivery of alcoholic beverages is carried out in accordance with the current legislation of the Republic of Moldova. We do not deliver alcoholic beverages after 22:00. We also do not deliver alcoholic beverages to persons under the age of 18. If the courier has any suspicions – the courier has the right to request a passport from the recipient. If the recipient has no full 18 years – the Seller takes the alcohol products back to the store, and the cost of the products will be refunded to the Buyer, except for delivery costs – 60 lei in Chisinau, 6.5 lei per km in Moldova (see clause 3.1.5.)
2.15 The user who placed an order by phone, on social networks, messengers or on the birdsflowers.md website automatically gets into a single database and becomes a registered user. In the future, the access to your personal account is granted by phone number or via email.

3. Rights and obligations of the parties

3.1. The Seller must:
3.1.1. To organize independently or with the involvement of third parties the delivery and transfer of the Goods to the Recipient in accordance with the Order accepted for execution.
3.1.2. If the “gift delivery photo” service is ordered, the photo is to be sent to the email address or messenger / social network specified during the ordering process, within 3 (three) working days from the date of delivery of the Goods. The seller is discharged from the “gift delivery photo” service in case of verbal refusal on the part of the Recipient.
3.1.3. In case of inadequate quality of the Goods, actions are taken to ensure satisfaction of the Buyer’s requirements related to the inadequate quality of the Goods: return all or part of the amount of money to the Buyer, paid by him for the Goods, or arrange for repeated delivery to the Recipient of goods of proper quality after receiving the Buyer’s photos regarding discrepancy of the quality of the goods. Because the flowers are perishable goods, the Claim of inadequate quality of the goods is accepted exclusively at the Seller’s mailing address – [email protected] no later than 2 hours after delivery. In case that interval of 2 hours has been exceeded, the Seller has the right to refuse to return the funds or any compensation for the Buyer. This clause does not apply to balloons. We do not offer warranty for the balloons. Balloons and in particular helium are susceptible to temperature changes/drafts, as well as to sharp objects/corners. We cannot know how and for what reason the balloon was blown or burst. The fact of the delivery of the specified number of balloons to the “Recipient” automatically moves the deal into the category of “Successfully completed.”
3.1.4. After the transfer of the Goods to the Recipient, inform the Buyer about the completion of the execution of his Order by means of an SMS-message or a call to a phone number or email address specified by the Buyer when placing the Order. If within 3 (three) hours after the Seller sends the Buyer a notice of the completion of the Order, the Buyer does not receive any objections, the Seller’s obligations under this Agreement are deemed fulfilled.
3.1.5. If the Recipient refuses to accept the Goods or is absent at the place of delivery at the time agreed upon in the order, the person delivering the Goods is obliged to accept the Goods for safekeeping with the notification of the Buyer by phone or e-mail specified at the finalization of the Order. The Buyer, accepting responsible storage of Goods, has to receive them from the Seller within 24 hours from the moment of accepting at the time and place specified by the Seller, unless another time is agreed by the Parties, or the new delivery time is agreed upon in which case payment for a re-delivery in amount of 60 lei within Chisinau or in Moldova according to the tariffs is needed. Upon expiration of the specified period, the Contract shall be deemed executed with retention of 50% (Fifty percent) of the value of the Goods.

3.2. The Seller has the right:

3.2.1. Keep the full cost of the Order if the Buyer specifies a non-existent or incomplete Address of the Recipient, except for cases when, by agreement of the Parties, the Buyer pays for repeated delivery (in the amount of 60 lei within the city of Chisinau, or in Moldova according to the tariffs) of the Goods to the specified address.
3.2.2. To deliver the Goods to the address different from the one specified in the Buyer’s Order, subject to the agreement of the new address and time of delivery with the Recipient.
3.2.3. Refuse delivery without refund of the paid Order Price, or by agreement of the Parties, receive from the Buyer an additional payment for the delivery cost or the cost of the Goods, if the Buyer specifies the wrong location of the Recipient.

3.3. The Buyer must:

3.3.1. Make a payment of the Order Price prior to delivery of the Goods to the Recipient in accordance with the terms of the Order issued by the Buyer. The Buyer has the right to make payment for the ordered Goods by one of the following methods described in the “Shipping and Payment” section at https://birdsflowers.md
3.3.2. To reimburse the Seller for any additional costs incurred due to the fault of the Buyer before the Seller fulfills his obligations.
3.3.3 Indicate the real personal info of yourself and the recipient, as well as indicate the locality according to the location of the recipient. If the recipient is not located at the delivery address, or the location wasn’t specified properly – the Seller sends a link for the payment of the cost of additional delivery services to the Buyer. In case of payment refusal – the Seller has the right to cancel the contract of sale and purchase unilaterally and return the bouquet back to the store. The Buyer has the right to take the order from the store within 24 hours from the moment of refusal to pay additional fees.
3.3.4 If the service “This is a surprise, do not call before delivery” was chosen and the courier did not find the Recipient on the spot during the delivery, the courier can contact the Recipient by phone and take the order once to another address (Within Chisinau, or the city of delivery). This is valid only in case the cost of the order is more than 1000 lei. If the order value is less than 1000 lei – the Seller has the right to ask the Buyer to pay for additional courier services, and the Buyer undertakes to pay them in the near future. If the buyer refuses to pay additional shipping costs – the Seller has the right to terminate the contract unilaterally and put the goods on the showcase, where the Buyer has the right to pick up the order on his own within 24 hours from the moment of refusal to pay for the delivery.

4. Additional conditions

4.1. This Agreement will take effect upon receipt by the Seller of the Buyer’s Order and is valid until the Parties fulfill all the obligations stipulated by the Agreement and resulting from it.
4.2. When placing an Order, the Buyer certifies that the terms of this Agreement and other terms and conditions indicated on the Internet site at https://birdsflowers.md. At the time of the conclusion of the Agreement, they are accepted without any objection and correspond to its actual will as the Buyer. When placing the Order, the Buyer has understood the meaning of the terms, words, and expressions used in this Agreement in accordance with their legal definition and (or) interpretation in accordance with the legislation of the Republic of Moldova.
4.3. What difficulties may arise during the gift delivery?
Of the most common problems that may arise during the delivery of goods, the following can be mentioned:
• The recipient is temporarily not at the specified location. In this case, the courier contacts the recipient to find out the time of arrival at the specified address. He will wait for him and present the gift.
• The intercom in the house where the recipient resides does not work;
• The door is not opened for the courier;
• The recipient refuses to accept the gift.
If difficulties arise, the Contractor contacts the Buyer, and he names the time and address, when and where it is more convenient for him to deliver a bouquet product. If the recipient refuses to accept the gift, our manager will contact the Buyer through a telephone call or messenger, indicating the reason for the buyer’s refusal to accept the gift. In this case, the order is sent back to the Seller’s shop, or the courier delivers the order to another address, another recipient (Buyer, or any other persons specified by the buyer in correspondence). If the buyer refuses to change the address or the recipient in any of these cases, the order is considered fully fulfilled. Re-delivery is paid additionally in the amount of 60 lei within the city of Chisinau, in Moldova according to the tariffs of 6.5 lei per km. (see clause 3.1.5.)

5. Bouquet making and flower replacement

5.1. The bouquet, composition, basket, which the Buyer has chosen in our catalog, will be made by florists as close as possible to the photo from the website. But we want to note that all the bouquets (baskets) are made by hand by florists, therefore a slight deviation in shape from the photo presented on the website is possible. Do not forget that each flower is different in its own way. Flowers cannot be similar to each other.
5.2. If the stock does not have the right colors, fruits, and other components, which happens very rarely, our manager will contact the Buyer by phone, or via internet specified in the application and offer options for replacing the products.
5.3. When we are unable to contact the Buyer by phone and e-mail, our florist will make a bouquet with the replacement of the missing goods with equivalent ones in quality and cost. At the same time, your chosen color scheme is fully preserved. This allows us handing gifts without delay.
5.4. If the order was placed for the same day and there are no components in stock, and delivery is needed immediately, our florists pick up analogous, very similar products and make up a bouquet (basket) of them. In this case, the cost of the products remains the same, and it has the most similar design to the original.

RETURN AND EXCHANGE OF CUT FLOWERS AND POTTED PLANTS

Flowers are perishable goods, so they cannot be returned and exchanged. Any changes applied on flowers by the florists following the Buyer’s order lead the flowers to a state in which they were not purchased (cropped, shortened, painted over, etc.), thereby preventing the Seller from being able to refund the Buyer. This rule also applies to balloons. Return and exchange of other goods of standard quality is possible within 14 days on the basis of the current legislation of the Republic of Moldova.
When paying for products with a bank card, a refund is possible only on the card with which the transaction was previously performed. A cash refund is impossible following an electronic fund transfer. Terms of transfer can vary from 1 to 30 business days, depending on the date of transaction, Bank and other factors.

Seller contacts

Seller “MILANEVA SRL” – birdsflowers.md
Fiscal Code: 1015600042397

Legal address: rep. Moldova, Chisinau, str. Grenoble 130/3 ap 11
Actual address (shop) Moldova, Republic of, 69 Sciusev street, Chisinau

Tel. +373 79 540 540
Email mail [email protected]