Terms of agreement

Public offer to conclude a contract for the retail purchase and sale of Flowers

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, when placing an order (hereinafter referred to as the “Order”) for the purchase and delivery of “Flowers”, information about which is posted in the “Online Store”, accepts (accepts) this public offer (offer) of the Seller to conclude a Retail Sales Agreement.

1.2. “Seller” is an organization, regardless of its legal form, as well as an individual entrepreneur, selling goods to consumers under a sales contract;

1.3. “Acceptance of the Offer” – full and unconditional acceptance of the Offer by the Buyer by placing an Order in the Online Store and paying for it.

1.4. “Online store” - Online store www.guls.kz

1.5. “Agreement” - Agreement for the retail purchase and sale of Flowers.

1.6. “Flowers” - decorated in accordance with the Buyer’s requirements, using professional floristic skills, a collection of flowers and other plants, special packaging (including baskets, flower pots, boxes, ribbons, etc.), cards and other text media, as well as additional gifts, which are presented in the online store.

1.7. “Recipient” - persons specified by the Buyer who accept the delivered Flowers.

1.8. “Order” is the Buyer’s application for the purchase and delivery of Flowers completed in the Seller’s online store, which contains information agreed upon by both Parties on the quantitative and qualitative characteristics of the Flowers, as well as the time and place of their delivery. The list of information to be agreed upon by the Parties to the Agreement when placing an Order is determined by clause.

2 Offers. The Buyer can place an Order on the website of the online store or through an operator by phone numbers listed on the website, under the terms of this public offer. The Buyer, by placing an Order for the purchase and delivery of Flowers, information about which is posted on the Internet site, accepts (accepts) this public offer (offer) of the Seller to conclude a Retail Sales Agreement. The offer to conclude a Retail Sales Agreement is valid for any Flowers for the entire period of time while information about the relevant Flowers is posted in the online store. From the moment of confirmation of the Order for the purchase and delivery of Flowers, issued in accordance with the rules posted on the Internet site, a Retail Sales Agreement is concluded between the Seller and the Buyer as follows:

2.1. The Seller undertakes to enter into an Agreement in accordance with the current price list and catalogs published in the online store and organize the delivery of Flowers to Recipients, and the Buyer undertakes to pay for Flowers under the terms of this Agreement. The quantity and name of Flowers are determined by the Buyer’s Order, issued in accordance with the rules posted on the Internet site.

2.2. The total amount of the Buyer’s order (hereinafter referred to as the “Order Amount”) includes the purchase price of the Flowers and the cost of delivery to the persons specified by the Buyer.

2.3. If the Buyer indicates remote delivery areas or rare types of Flowers when placing an Order, the final price and other terms of the contract are agreed upon by phone or email.

2.4. Flowers must be delivered to the Recipient at the address specified in the Order. The execution time of the Buyer’s order depends on the type of Flowers (bouquets and flower arrangements, wedding bouquets), delivery conditions (delivery during business hours, delivery on holidays and pre-holidays, delivery after business hours), delivery location, service area.

2.5. When registering (placing) an Order in the Seller’s online store, the Buyer undertakes to provide the following registration information about himself and the Recipient of the Flowers: - last name, first name, city, country, email address, contact numbers; - last name, first name of the Flower Recipient, actual delivery address, contact numbers, delivery wishes.

2.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an Order, including the personal data he provided. 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 Client, including, but not limited to, for the purpose of informing about promotions and special offers. Seller requires that when processing such information, these agents and third parties follow Seller's instructions and comply with this privacy policy and take other measures necessary to protect privacy.

2.7. The Seller has the right to involve third parties to fulfill Orders, while remaining responsible for their actions to the Buyer and Recipient.

2.8. When placing an order in the online store, the Buyer consents to the processing of his personal data (including last name, first name, patronymic, address of the subject of personal data) for the purpose of sending catalogs, information about promotions and special offers. The Buyer's consent to the processing of personal data is provided without limiting its validity period. The Buyer has the right to refuse to receive the newsletter at any time by sending a corresponding request to the Seller.

3. Rights and obligations of the Parties

3.1. The seller is obliged:

3.1.1. Organize independently or with the involvement of third parties the delivery and transfer of Flowers to the Recipient in accordance with the Order accepted for execution.

3.1.3. After transferring the Flowers to the Recipient, inform the Buyer about the completion of his Order via SMS message to the phone number or email address specified by the Buyer when placing the Order. If within 3 (three) days after the Seller sends the Buyer notice of completion of the Order, the Buyer does not receive any objections, the Seller’s obligations under this Agreement are considered fulfilled.

3.1.5. In the event of the Recipient’s refusal to accept the Flowers or his absence at the place of delivery at the time agreed upon in the order, the person delivering the Flowers is obliged to accept the Flowers for safekeeping by notifying the Buyer by phone and/or email specified when placing the order. The Buyer, within 24 hours from the moment of accepting them for safekeeping, must independently receive the Flowers accepted for safekeeping at the time and place specified by the Seller, unless a different period is agreed upon by the Parties, or agree on a new delivery time subject to payment for re-delivery. Upon expiration of the specified period, the Agreement is considered fulfilled.

3.2. The seller has the right:

3.2.1. Withhold the full cost of the Order if the Buyer indicates a non-existent or incomplete address of the Recipient, except in cases where, by agreement of the Parties, the Buyer pays for re-delivery of the Flowers to the specified address.

3.2.2. Deliver Flowers to an address other than that specified in the Buyer’s Order, subject to the agreement of a new address and delivery time with the Recipient.

3.2.3. Refuse delivery without returning the paid Order Amount, or, by agreement of the Parties, receive from the Buyer additional payment for the cost of delivery or the cost of the Flowers, if the Buyer indicates the wrong location of the Recipient.

3.2.4. Change the color scheme of the bouquet, depending on the availability of the flower. The Seller notifies the Buyer about this during the Order placement process.

3.2.4. Refuse to provide a refund for a bouquet that was accepted by the Buyer or Recipient. All quality claims are accepted exclusively at the time of delivery and are not considered further. According to Article 30 of the Law on the Protection of Consumer Rights, freshly cut flowers in bouquets and indoor plants cannot be returned. After the bouquet is handed over to the Recipient, complaints will not be accepted.

3.2.5. Cancel existing discounts and promotional offers during the operation of the Store. This may be due to holiday exclusive prices, an unstable economic situation, or the introduction of a state of emergency in the country.

3.3. The buyer is obliged:

3.3.1. Make payment for the Order Amount before the Flowers are delivered to the Recipient in accordance with the terms of the Order placed by the Buyer. The Buyer has the right to make payment for the ordered Flowers using one of the following methods described in the section “Payment for the order”

3.3.2. Reimburse the seller for any additional expenses incurred due to the Buyer’s fault before the seller fulfills his obligations.

3.4.1. Receive discounts when placing an Order. The conditions for receiving discounts are specified in the online store.

3.4.2. Request a refund for the cost of the Order if he notifies of its cancellation at least 48 hours before the Delivery time.

4. Additional terms

4.1. This Agreement comes into force from the moment the seller receives the Buyer’s Order and is valid until the Parties fully fulfill the obligations provided for in the Agreement and arising from it.

4.2. When placing an Order, the Buyer certifies that the terms of this Agreement and other conditions specified on the Internet site at www.guls.kz at the time of conclusion of the Agreement are accepted by him without any objections and correspond to his actual will as the Buyer. When placing an Order, the Buyer 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 Kazakhstan.

Refusal of goods

If the Recipient refuses the goods for biased reasons: i.e. the product corresponds to the Order, but the recipient simply does not want to take the product for personal reasons. In this case, funds are not returned to the Customer.
Second case: in case of refusal of the goods less than 48 hours before delivery, the refund amount is 50%. Claims regarding the product are accepted upon transfer of the bouquet to the Recipient. Replacement of goods is carried out ONLY within 2 hours after delivery of the goods to the Recipient. In other cases, the product cannot be returned and the amount for the product will not be refunded.

Attention! Please note that cut flowers, indoor plants, bouquets and compositions of proper quality are not subject to return or exchange due to the fact that they are perishable goods. According to Article 30 of the LAW OF THE REPUBLIC OF KAZAKHSTAN - On the Protection of Consumer Rights (as amended on 07/05/2011 .) plants cannot be returned or exchanged.

Law of the Republic of Kazakhstan "On Protection of Consumer Rights"