User Agreement

1.General Provisions

1.1.Malaya Zemlya Limited Liability Company (registered office: 119270, Moscow, Luzhnetskaya Naberezhnaya, 2/4, building 61), hereinafter referred to as the Seller has published this Agreement of “As Is” Sale of Goods displayed on the Seller’s web site available on the Internet under domain name: http://www.gardenpoetry.com/.

1.2.According to Section 437 of the Russian Federation Civil Code (CC RF) this Agreement is a public offer, and if the below listed conditions are accepted, the individual upon acceptance of this offer shall pay for the Goods to the Seller in compliance with the provisions of this Agreement. According to clause 3 Section 438 of the Russian Federation Civil Code, a payment made by the Purchaser for the Goods is treated as an offer acceptance and as an evidence of entering into the Agreement on the terms provided for in the offer.

1.3.The below listed terms have the following meaning in this offer:

1.3.1.«Offer» means a public offer made by the Seller to any natural person (individual) to enter into this Agreement subject to the conditions contained therein.

1.3.2.«Purchaser» means an individual entering into this Agreement with the Seller subject to the conditions contained in the Agreement in the form of acceptance.

1.3.3.«Acceptance» means a full and unconditional acceptance of the provisions of this Agreement by the Purchaser.

1.3.4 «Goods» means the products list to the extent displayed on the Seller’s web site available on the Internet under domain name: http://www.gardenpoetry.com/., including: cut flowers, potted plants, flower arrangements.

1.3.5. «Order» means the order made by the Purchaser for the sale of specific positions from the product list and provision of services by the Seller in respect of the delivery of Goods mentioned by the Purchaser in his/her order.

1.3.6. «Delivery» means the courier services for the delivery of Order to the Purchaser or the receiver mentioned in the Purchaser’s order.

1.3.7. «Web Site» means the web site of the Purchaser available on the Internet under domain name http://www.gardenpoetry.com/, and containing information about specifications and price of Goods. The registration of Purchaser, order placement and payment will be made though this web site.

2.Subject Matter

2.1.The Seller agrees to transfer the ownership in the Goods specified in the Order to the Purchaser and the Purchaser agrees to accept such Goods and pay for the specified price.

2.2. The Purchaser will place orders through the web site after a registration procedure.

2.3. When registering through the web site, the Purchaser should provide the following personal details:

‒name;

‒email address;

‒contact telephone number (mobile, conventional phone).

The Purchaser will be liable for the adequacy of information provided through the web site during registration.

The Purchaser will be entitled to review the registration information related to him/her.

3.Goods Specification

3.1. The web site shall contain the following specifications of Goods available thereon for purchaser:

3.1.1.photograph of Goods;

3.1.2.range of Goods (not more than 20 bouquets of flowers);

3.1.3.price of each position in the product list and cost of Order;

3.2.The following information about Goods is provided to the Purchaser in this Agreement (package material and height of lowers):

‒Bouquet in a textile envelope (height of flowers: 70 ± 10 cm);

‒Bouquet in a textile envelope (height of flowers: 45 ± 10 cm);

‒Bouquet in a metal buckets of 1, 3 or 7 liters (height of flowers: 15 – 50 cm).

4.Order Placement

4.1.During order placement, the Purchaser shall provide the following information:

‒Details necessary for obtaining access to the order placement procedure in web site (email address of Purchaser, password);

‒Address of delivery/place of location of Order receiver;

‒Date and time of Order delivery;

‒Name of contact telephone number of Order receiver;

‒Number of bank card of the Purchaser, the last and first names of card holder and period of validity, security code.

The Purchaser will be liable for the adequacy of information provided within the order placement procedure.

4.2.During order placement, the Purchaser may provide the wording of accompanying card to the Order, and the Seller shall produce and transfer such card to the Order receiver together with the Order. The cost of services of the Seller related to the production of accompanying card is included in the price of Goods. The Seller will not be liable for the content of the card provided by the Purchaser and will produce such card in direct compliance with the wording provided by the Purchaser, including vocabulary, spelling and punctuation marks of the Purchaser, provided that no use of strong language, insults or threats is allowed.

4.3.Should it be impossible to deliver an Order to the receiver due to inadequate data provided by the Purchaser during order placement, absence of receiver at the address/place of location specified in the Order or refusal of receiver to accept the Order, the obligations of the Seller under such Order will be deemed duly fulfilled in full.

4.4.If the Order receiver is absent at the address of delivery specified by the Purchaser, the order may be handed over to another person residing at such address.

4.5. Information about the results of delivery will be provided to the Purchaser at least on the day following the day of delivery of Order by specifying the respective order status in a personal area of the Purchaser on the web site.

4.6. The Seller will accept order on a 24 h/7 d basis.

5.Order Delivery

5.1.The Seller will deliver orders within the Central Administrative District of Moscow only.

5.2.No order will be delivered to another administrative district of the city of Moscow (other than the Central Administrative District) or other regions of the Russian Federation.

5.3.The order will be delivered at the date of order placement (except for the orders placed from 8.01 p.m. to 12.00 a.m.) as follows:

Time of order

Delivery interval

00:01-09:00

10:00-10:30

09:01-09:30

10:30-11:00

09:31-10:00

11:00-11:30

10:01-10:30

11:30-12:00

10:31-11:00

12:00-12:30

11:01-11:30

12:30-13:00

11:31-12:00

13:00-13:30

12:01-12:30

13:30-14:00

12:31-13:00

14:00-14:30

13:01-13:30

14:30-15:00

13:31-14:00

15:00-15:30

14:01-14:30

15:30-16:00

14:31-15:00

16:00-16:30

15:01-15:30

16:30-17:00

15:31-16:00

17:00-17:30

16:01-16:30

17:30-18:00

16:31-17:00

18:00-18:30

17:01-17:30

18:30-19:00

17:31-18:00

19:00-19:30

18:01-18:30

19:30-20:00

18:31-19:00

20:00-20:30

19:01-19:30

20:30-21:00

19:31-00:00

10:00-10:30 (next day)

5.4.The Seller’s obligations to deliver the Order shall be deemed fulfilled upon the signature by the Purchaser or Order receiver of a shipping document.

5.5.The ownership to the Order and the risk of its accidental damage and/or loss will pass to the Purchaser immediately upon the actual transfer of Order and signature by the Purchaser or Order receiver of a shipping document.

5.6.If the Purchaser orders the delivery of Goods without transfer to the Purchaser or Order receiver (to the door), the Purchaser will assume the risk of loss of Goods and the obligation of the Seller to deliver the Order will be deemed fulfilled without any shipping document to be signed by the Purchaser or Order receiver.

5.7.The cost of services of the Seller related to the delivery of Order is included in the price of Goods.

6.Price of Goods and Order Payment

6.1. The price of Goods valid at the date of order placement is specified on the web site and is determined in respect of each Order depending on the parameters of Order, prices and discounts available at order placement.

6.2. The Seller may adjust the price of Goods at its own discretion at any time before the order placement.

6.3. The Purchaser will pay for the Order in advance to the full extent by a bank transfer to the current account of the Seller with the bank card the Purchaser used for Order placement.

6.4. The obligation of the Purchaser to pay for the Order will be deemed fulfilled when the current account of the Seller is credited with the due amount.

6.5. If the Purchaser cancels the paid up Order before its delivery, the Seller agrees to return funds received from the Purchaser within 10 (Ten) business days of the date of cancellation notice received from the Purchaser.

7.Return of Order

7.1.According to clause 4 Section 26.1 of Law № 2300-1 of the Russian Federation dated 07 February 1992 On the Consumer Rights Protection, the Purchaser is entitled to cancel the Order at any time before its receipt by giving a notice to the Seller. In this case the paid funds will be returned to the bank card of the Purchaser in such manner as specified in clause 6.4 of this Agreement.

7.2.The Purchaser shall not reject the paid up Order (or any part thereof), if such Order is of proper quality and has all specifically determined properties.

7.3.According to clause 13 of the List of Non-Food Products of Proper Quality not Subject to Return or Replacement with Similar Goods of other Size, Form, Dimensions, Shape, Color or Completeness, adopted by Order № 55 of the Government of the Russian Federation on 19 January 1998, the Order of proper quality received by the Purchaser or Order receiver will not be subject to return.

7.4.Any claim to the quality of Order shall be made by the Purchaser at the moment of acceptance.

7.5.The obligation of the Seller to deliver the Order accepted by the Purchaser against the signed shipping documents shall be deemed duly fulfilled in full.

8.Rights, obligations and liability

8.1.The Seller may process the personal data of the Purchaser and shall maintain their confidentiality as provided for by the applicable law.

8.2.By accepting this offer, the Purchaser agrees and gives his/her consent to the Seller to process his/her personal data, including the surname, name, patronymic, date of birth, gender, place of work and position, postal address, home, office, mobile phone numbers, email address, in particular to collect, range, accumulate, store, update (renew, change), use, disclose (in particular transfer to the territory of the Russian Federation and cross-border territories) impersonalize, block, remove personal data and transfer such data to counterparties of the Seller for further processing (including the collection, ranging, accumulation, storage, updating (renewal and change), use, disclosure (in particular transfer to the territory of the Russian Federation and cross-border territories), impersonalizing, blocking, removal of personal data) for studies aimed at improving the service quality, for marketing programs, statistical researches and service promotion in the market through direct contact with the Purchaser using different communication means, including but not limited to: postal mailing, email, telephone, facsimile, Internet. The Purchaser agrees and gives his/her consent to the Seller and counterparties of the Seller to process the personal data of the Purchaser with the use of automated systems of database management and other software products developed by order of the Seller. The operation of such systems shall be based on the algorithms determined by the Seller (collection, ranging, accumulation, storage, updating, use, blocking, removal). The used data processing procedures including but not limited to the automated verification of postal codes with postcode bases, automated verification of street/town name spelling, automated verification of valid VIN numbers and state registration plates, confirmation of data with the Purchaser by phone, post or contact through the Internet, database segmentation according to selected criteria. The Purchaser agrees that if necessary for the purposes of this offer, the personal data of the Purchaser received by the Seller may be disclosed to a third party to whom the Seller assigns the processing of personal data of the Purchaser under a contract to be concluded with such person, provided that the requirements of Russian law regulating the maintenance of confidentiality of personal data by such persons and security of personal data during processing shall be satisfied. When disclosing the personal data of the Purchaser, the Seller shall make the persons obtaining such personal data aware that such data is confidential and may be used only for the purposes for which it is disclosed, and shall cause such third persons to comply with this rule. The Purchaser may request from the Seller the detailed information of his/her personal data, its processing and use and claim any amendments/additions to be made by a specific written request sent to the Seller at its postal address.

8.3.The Seller may keep records of telephone conversations with the Purchaser. In accordance with clause 4 Section 16 of the Federal Law on Information, Information Technologies and Information Protection, the Seller undertakes to prevent any attempts of unauthorized access to information and /or disclosure thereof to the persons not directly involved in the performance of Orders; reveal and suppress such acts without delay. Telephone conversations are recorded for service quality control purposes.

8.4.The Seller will not be liable for any failure of the Purchaser to use the Order in due manner.

8.5.The Seller may assign its rights and obligations under Orders to third persons.

8.6. In the event of unauthorized access to the personal area of the Purchaser on the web site, the Purchaser shall immediately contact the Seller. Until the Seller receives such notice, all acts done through the web site using the Purchaser’s personal data will be deemed done by such Purchaser.

8.7. The Purchaser may send all complaints of improper execution of Order to the address of the Seller specified in this Agreement.

Seller’s Details:

Name: Malaya Zemlya Limited Liability Company

Registered office: 119270, Moscow, Luzhnetskaya Naberezhnaya, 2/4, building 61

OGRN 1147746654110

INN 7704865927

KPP 770401001

Published on April 9th 2016