Public contract

PUBLIC CONTRACT

1. General provisions

1.1. This contract is an official offer of the performer to enter into a contract for the provision of information services with any natural person, hereinafter referred to as the "User", under the conditions specified in the text of the contract. Acceptance of the offer is clicking the button or ticking the box, or otherwise accepting the terms (agreement with the terms) of the contract. Acceptance of the offer means familiarization and full, unconditional and unreserved consent of the User to the conditions and requirements specified in the Offer. From the moment of acceptance of the offer, the contract for the provision of information services between the performer and the User is recognized as concluded and agreed between them, and its terms are subject to mandatory fulfillment by the Parties.

1.2. In this agreement, the terms are used in the following meaning:

1.2.1. The site-website owned by the Contractor is located at: https://nl-flower-shop.com.ua

1.2.2. Administration of the site - Performer, third parties acting on behalf and in the interests of the performer to ensure the operation of the site.

1.2.3. User - any natural person or persons who use the Site regardless of whether the Site is used collectively or individually.

2. Subject of the contract

2.1. The subject of the agreement is to provide the User with the opportunity to purchase for personal, family, home and other needs, not related to the implementation of business activities, the Goods presented in the website catalog at the address https://nl-flower-shop.com.ua

2.2. The price of the goods, the order of their delivery and other details of the order are posted by the Contractor on the website, while the Contractor has the right to independently change any characteristics of the goods, order and terms of delivery at his discretion, without prior agreement with the user.

3. Rights and obligations of the parties

3.1. User rights:

3.1.1. After registration, the User receives the right to independently use the Site for personal, non-commercial purposes.

3.1.2. The user has the right to refuse to use the Site at any time and to delete his account. The site administration is not responsible for the deletion or loss of personal data of other users of the personal site.

3.1.3. The user has the right to contact the Site Administration with questions, wishes and suggestions regarding the operation of the site and its functionality.

3.1.4. In the event of any misunderstandings when using the site or malfunctions in the operation of the site, the User has the right to contact the Site Administration with requests for their elimination at the address nlflowershop@gmail.com 

3.1.5. The user has the right to use the Site only for personal purposes without any material benefit. 

3.1.6. The user has the right to disable or limit the use of cookies at his own discretion.

3.2. Responsibilities of the User:

3.2.1. To comply with the provisions of the current legislation of Ukraine, this Agreement and other special documents of the Site Administration.

3.2.2. Provide reliable, complete and up-to-date data during registration, monitor their updating.

3.2.3. Inform the site administration about unauthorized access to the account if such access is detected.

3.2.4. Do not provide access to other users to your own account and personal site or to separate information contained on it, if this may lead to a violation of the legislation of Ukraine and/or this Agreement.

3.2.5. In case of copying site materials, the User is obliged to indicate the link to the Site from which the relevant materials were taken.

3.2.6. Not to transfer rights and/or obligations under this Agreement, including transfer to third parties the right (possibility) to use the User's account, to access services, unless otherwise expressly approved by the site administration.

3.3. Rights of the Performer:

3.3.1. The contractor has the right to collect, process and store the user's personal data in accordance with the requirements of the current legislation of Ukraine. The site administration processes the User's personal data for the purpose of providing the User with access to the use of the site's functionality, checking, researching and analyzing such data, which allows maintaining and improving the functionality and sections of the Site, as well as developing new functionality and sections of the site. The site administration takes all necessary measures to protect the user's personal data from unauthorized access, modification, disclosure or destruction. At the same time, the Site Administration cannot guarantee protection against unauthorized access, modification, disclosure or destruction in cases of force majeure specified in clause 6.3. of this Agreement.

3.3.2. The Contractor has the right to dispose of statistical information related to the operation of the site, as well as user information to ensure targeted display of advertising information of Site Users. For the purposes of organizing the operation and technical support of the site and the execution of this Agreement, the Contractor and the Site Administration have the technical ability to access the personal pages of Users, which is implemented only in the cases established by this Agreement.

3.3.3. The performer has the right to send the user information about the development of the site and its functionality, as well as to advertise his own activities, independently or with the involvement of third parties.

3.3.4. The performer has the right to place on the site access links to blogs and related sites at his discretion. At the same time, the Contractor is not responsible for the accuracy and objectivity of the information posted on the linked sites, as well as for any user actions carried out on the linked sites and their consequences. By carrying out the actions specified in clause 1.2. of this Agreement, the User confirms that he understands and accepts responsibility for the use of related sites.

3.3.5. The Contractor has the right, at his discretion, to disclose and transfer the User's information and materials if necessary in the manner and on the grounds provided for by the current legislation of Ukraine.

3.3.6. The Contractor reserves the right, at its discretion, to deny the User access to the site, to close the User's account and all related files without prior notice. By accepting the terms of this Agreement, the User agrees that the Contractor will not be liable to the User or third parties in the event of termination of access to the Site, and is not obligated to ensure the user's access to such information after closing the account.

3.3.7. The Contractor has the right, without prior notice to the User, at his own discretion, to change the appearance and functionality of the site, including, but not limited to, making changes to the list of services provided by the Contractor, changing the graphic elements and design of the site, changing the order of registration and use of the Site, changing the name and address of the website.

3.4. Obligations of the Executor:

3.4.1 When providing services under this Agreement, the Contractor shall be guided by the provisions of the current legislation of Ukraine and this Agreement.

3.4.2. The contractor undertakes not to transfer personal data of users to third parties, except for those who ensure the functioning and development of the site.

3.4.3. The executor ensures the functioning and operability of the site and undertakes to promptly restore its operability in the event of technical failures and interruptions. The contractor is not responsible for temporary failures and interruptions in the work of the site and the loss of information caused by them. The administration is not responsible for any damage to the user's or another person's computer, mobile devices, any other equipment or software, caused or related to downloading materials from the site or from links posted on the site.

4. Confidentiality

4.1. The Contractor guarantees the confidentiality and protection of personal data, as well as any information posted by the User on the site in accordance with the terms of this Agreement and the Site's Privacy Policy.

5. Liability

5.1. In the event of non-fulfillment or improper fulfillment of obligations, the Parties bear the responsibility provided for by the current legislation of Ukraine.

5.2. The user is solely responsible for the confidentiality of the personal data entered on the Site.

5.3. The User is personally responsible to third parties for posting any personal data or information about the life of third parties if such information is posted by the User without their knowledge.

5.4. The user is responsible for all actions carried out in his account and using his login and password.

6. Safety

6.1. The contractor ensures the security of the website.

6.2. By performing the actions specified in clause 1.2. of this Agreement, the User confirms that he understands and acknowledges that the Contractor provides the Site for use "as is" and does not provide any guarantees regarding the operation of the site, including, but not limited to: the suitability of the site for any specific purposes of the user, not specified in clause 2.1. Agreement, operation of the site without violations, delays and problems, for the actions, materials, information or data of third parties.

6.3. The parties are released from responsibility for violation of the terms of this Agreement, if such violation is caused by force majeure (circumstances of force majeure). The parties have agreed that such actions are, in particular, the actions of state authorities, local governments, fire, flood, earthquake, other natural acts, lack of electricity and/or computer network failures, strikes, civil disturbances, riots, unplanned changes in algorithms by the administration of social networks, global outages in the work of relevant segments of the Internet, failures of routing systems, failures in the distributed system of domain names, failures caused by hackers and DDoS attacks, computer viruses. In the event of force majeure circumstances, the established terms for the fulfillment of obligations specified in the contract are postponed to the term during which the circumstances are in effect.

7. Intellectual property rights

7.1. All objects placed by the administration on the site, including design elements, text, graphic images, illustrations, videos, scripts, music, sounds and other objects and their selections, computer programs, databases, source codes, etc., created by the Artist for the functioning and development of the site, are objects of the exclusive intellectual property rights of the Artist and the Site Administration. All rights to these objects are protected.

7.2. The use of intellectual property objects of the performer and the Site Administration without obtaining the permission of the performer is prohibited, including the User does not have the right to:

* in any way modify, create derivative products, display, publicly reproduce, distribute the content of the site or otherwise use it for any public or commercial purposes;

* remove, hide or otherwise distort the instructions of the Rightholder, including notices of any intellectual property rights from any site content;

* decompile, disassemble or in any other way try to extract the source code of the software that is an element of the site;

* distribute, complicate, sell, sublicense, use the software that is an element of the site, or in any other way transfer the rights to such software;

* use software errors (the user must immediately report them to the Site Administration at the address specified in Section 9 of this Agreement), interfere with the program code, gain unauthorized access to the computer system, gain new access to the user database or site materials without proper permission.

7.3. The user, performing the actions indicated in clause 1.2. In this Agreement, which confirms that it uses only objects of its intellectual property, the burden of proving that the posting of materials on the site by the user does not violate the rights of third parties to the posted materials lies with the User.

7.4. The site administration is not responsible for the illegal use of the user's intellectual property objects by third parties.

8. Cookie policy

8.1. Cookies are small text files that are stored on your computer, tablet or mobile phone. When you visit a website, cookies allow the website to "remember" you and your preferences to improve the quality of your interaction with the website.

8.2. We use cookies to personalize content and improve user experience. By browsing this website, you consent to the use of cookies. You can control cookies and manage their use through your browser. The site administration draws your attention to the fact that deleting or blocking cookies may affect the website interface and make some of the website components unavailable.

8.3. Most browsers allow you to view, delete and block C website cookies. Please note that deleting all cookies will reset all of your settings, including the ability to opt-out of cookies, as this feature itself requires an opt-out cookie to be placed on your device.

9. Final provisions

9.1. This Agreement constitutes an agreement between the User and the Contractor regarding the procedure for using the Site and its functionality and replaces all previous agreements between the User and the Contractor, if they exist.

9.2. This Agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of Ukraine.

9.3. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Contractor will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, disputes shall be resolved in accordance with the procedure established by the current legislation of Ukraine.

9.4. This Agreement enters into force for the User from the moment he joins it, from the moment he accepts the offer, and is valid for an indefinite period.

9.5. This Agreement is drawn up in Russian and published on the website. In the event of amendments to this Agreement, they shall take effect from the moment of their publication on the website.

9.6. By accepting this Offer, the User accepts all conditions and undertakes to use the Site in accordance with the procedure established by this Agreement and the current legislation of Ukraine.

9.7. Any changes made to this Agreement are published on the website. The use of the site is always governed by the latest version of this Agreement published on the site. In this regard, the Contractor recommends that the User familiarize himself with the changes made to this Agreement, which may be changed since the User's last visit to the Site. By continuing to use the Site after making changes to this Agreement, the User hereby confirms that he is familiar with and agrees with the terms of the Agreement.