PUBLIC OFFER AGREEMENT OF THE FLORA MARKET TRADING SITE

1. GENERAL PROVISIONS

1.1. This document is an official public offer of FN FUSION B.V. LLC (hereinafter referred to as “FLORA MARKET”) and contains all the essential conditions for ordering, selling and delivering goods to the Buyer..

1.2. In case of acceptance of the conditions set out below and payment for services, the legal or natural person making the acceptance of this offer becomes the BUYER and FLORA MARKET and the BUYER jointly - PARTIES to the Offer Agreement.

1.3. In connection with the above, carefully read the text of this offer and if you do not agree with its terms and conditions, or with any other clause of its conditions, FLORA MARKET invites you to refuse to conclude an offer agreement and use the services of FLORa MARKET, by means of concluding direct contract for the provision of services.

2. TERMS

2.1. For the purposes of this Offer, the following terms are used in the following meaning:
"Offer" - this document is a Public Offer for the implementation of a sale and purchase transaction according to which one party (FLORA MARKET) undertakes to transfer the goods / service to the ownership of the other party (BUYER), and the buyer undertakes to accept this goods / service and pay a certain amount of money for it (price).

"Acceptance of the Offer" - full and irrevocable acceptance of the Offer by the method of performing the actions noted in part 4 of this Offer. Acceptance of the Offer implies the Offer Agreement.

"Offer Agreement" - a contract of sale concluded by the BUYER AND FLORA MARKET by accepting this agreement.

"BUYER" - the person who made the Acceptance of the Offer, placing an order for the Goods / Services through the website https://flora.market/

"FLORA MARKET" is a seller of goods/services selling and delivering Goods/services to the Buyer.

"GOODS" – cut flowers, the order of which is carried out according to the samples presented on the website https://flora.market/.

"SERVICE" - a service for the transportation of flowers products, the order of which is carried out according to the samples presented on the website www.flora.market

2.2. This Offer may use terms not defined in clause 2.1. In this case, the interpretation of such a term is made in accordance with the text of this Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term: first of all - on the FLORA MARKET website, secondly - that has developed on the Internet.

3. SUBJECT OF THE CONTRACT

3.1. The subject of this offer is the sale of the Goods/Services to the Buyer in accordance with the terms of the offer and the prices indicated on www.flora.market, as well as the Buyer's payment and acceptance of the Goods/Services in accordance with the terms of this agreement.

3.2. The Public Offer is an official document and is published on the website https://flora.market/

3.3. FLORA MARKET has the right to change the cost of the goods, the terms of this Public Offer and additions to the public offer without prior agreement with the BUYER, while ensuring the publication of the changed conditions on the FLORA MARKET website, as well as in a place publicly accessible for familiarization with these documents, no less than one day prior to their entry into force.

4. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT OF THE OFFER

4.1. The BUYER accepts the Offer by paying for the goods/services, which means the conclusion of a retail sale contract on the terms and conditions set forth in this offer. The Agreement is considered concluded from the moment the Buyer is issued a cash or sales receipt or other document confirming payment for the Goods/Services (including, but not limited to, bank confirmations of the Buyer's payment for the Goods/Services by bank card), or from the moment the Seller receives a message about the Buyer's intention to purchase Product/Service.

5. DESCRIPTION OF SERVICES

5.1. FLORA MARKET is an information system for searching, ordering and paying for Goods/Services by the Buyer offered by the Seller.

5.2. In the absence of the ordered (ordered) Goods/Services (Goods/Services) at the time of acceptance of the order for work, the Seller's employee has the right to agree with the Buyer on the replacement of the Goods/Services or exclude the missing Goods/Services.

5.3. Upon receipt by the Seller of an order for the delivery of the Goods/Services, an employee of the Flora Market Service contacts the Buyer using the communication method specified by the Buyer when ordering

6. TERMS AND CONDITIONS OF THE PROVISION OF SERVICES

6.1. To register the Buyer in FLORA MARKET in order to be able to place orders, the Buyer fills out the registration form, thereby confirming familiarization with this offer and agreeing to provide accurate and complete information about himself on the issues proposed in the registration form.

6.2. If the Buyer provides incorrect information or FLORA MARKET has serious reasons to believe that the information provided by him is incorrect, incomplete or inaccurate, FLORA MARKET has the right to suspend or cancel the registration of the Buyer and / or refuse the registered Buyer to use its services.

6.3. The Buyer hereby agrees that the information specified during registration, which may contain the Buyer's personal data, is used for the purpose of further processing and processing orders on the FLORA MARKET website. When placing an order, FLORA MARKET processes personal data. The Seller undertakes to take all measures provided for by applicable law to adequately protect the received personal data and not transfer them to third parties, except when the transfer of data is necessary to fulfill FLORA MARKET's obligations to the Buyer for the purposes of this Agreement.

6.4. By indicating his phone number and e-mail address during registration, the Buyer agrees to receive informational messages from FLORA MARKET SMS and E-Mail.

6.5. After reviewing the List of Goods posted on the FLORA MARKET website, selecting the type of goods/services, the BUYER places an order.

6.6. Goods/services are considered accepted without claims, and services are considered to be provided properly and in full, if within 24 hours from the moment the service was provided, the BUYER did not file a complaint. In the absence of a complaint, the act of acceptance and delivery of the work (services) performed is considered signed, and the services are duly rendered.

6.7. The parties after the provision of services under the contract do not have any claims against each other.

7. COST OF SERVICES AND PROCEDURE OF PAYMENT UNDER THE CONTRACT

7.1. The cost of delivery and methods of payment for purchased goods and services are indicated in the relevant sections of the site. By placing an order, the Buyer agrees that he has been notified and agrees to pay the cost of the Goods and their delivery.

7.2. Payment is made by the BUYER by transferring funds to the FLORA MARKET account or using other types of payments as agreed with FLORA MARKET.

7.3. The Buyer is obliged to pay the cost of the Goods accepted by him and the services rendered, as well as the cost of delivery and packaging of the goods in the amount shown at the time of payment, including all applicable taxes..

8. RETURN OF GOODS OR MONEY

8.1. The Buyer has the right to refuse the ordered Goods at any time, but no later than 24 hours before the agreed delivery time (“Order Execution Moment”). The moment of execution of the order is the moment of transfer of the Goods to the Seller's courier for the delivery of the Goods, which is confirmed by a mark in the sales receipt as part of the accompanying documents for the Goods. When paying with a bank card, the refund is made to the card from which the payment was made or to another card or bank account specified by the Buyer in writing. The Buyer is not entitled to refuse the paid Order (or part thereof) of proper quality. Goods of good quality cannot be exchanged or returned.

8.2. In the event that the Goods were delivered to the address and within the time specified in the order, but were not handed over to the Buyer for reasons beyond the control of the Seller (the Buyer's refusal to accept the Goods of good quality; the Buyer incorrectly indicated the address when ordering, at the appointed time within 15 minutes at the specified address, no one accepted the Goods and at the same time no one answered the phone number specified during the order, etc.), the Seller has the right to demand from the Buyer a refund of the full cost of the unaccepted Goods. If the payment has already been made, the Seller does not provide a refund.

8.3. In case of detection of defects in the Goods (no later than 24 hours after receipt), the Buyer has the right, at his choice, to demand the replacement of such Goods with goods of good quality or a commensurate reduction in the purchase price. Instead of presenting these requirements, the Buyer has the right to refuse the purchased Goods and demand the return of the amount of money paid for the Goods. In this case, the Buyer, at the request of the Seller and at his expense, must return the received goods of inadequate quality.

9. TERMS OF USE OF MATERIALS POSTED ON FLORA MARKET

9.1. The FLORA MARKET website contains copyrighted materials, trademarks and other legally protected materials, including, but not limited to: texts, photographs, graphics.

9.2. FLORA MARKET owns exclusive rights to use the content of the Internet site (including the right to select, arrange, organize and transform the data contained on the Internet site, as well as to source data and materials), except for cases separately noted in the content of published on the materials site.

9.3. The Buyer, as well as any person who has visited the website of the Online Store, has no right to make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative works or otherwise use, in part or in full, the content of the Internet site. Organization, collection, compilation, magnetic translation, digital transformation and other actions related to the use of materials, as well as copying, redistribution, use or publication of information constituting the content of the Internet site, is completely or partially prohibited without the consent of FLORA MARKET.

9.4. The Buyer, as well as any person who has visited the FLORA MARKET website, undertakes not to place on the FLORA MARKET pages and not to send through / through the Internet site any materials of the following nature:

The Buyer, as well as any person who has visited the FLORA MARKET website, undertakes not to upload, post or otherwise use on the pages of the Internet site any materials protected by intellectual property law (including copyright, trademark law), and other legally protected materials without obtaining the express permission of the owner of the rights to the protected material. At the same time, the burden of proving that the placement of materials on the FLORA MARKET website by the Buyer does not violate the copyright, related and other rights of third parties to the posted materials lies with the Buyer.

10. OBLIGATIONS OF THE PARTIES

FLORA MARKET is committed to:

10.1. Ensure acceptance of the order, acceptance of payment and delivery in accordance with this Offer Agreement.

10.2. Maintain the confidentiality of the BUYER's information, except as required by the current legislation of the Netherlands;

10.3. Provide quality services. Take timely measures to prevent and regulate violations of the quality of services provided. Timely inform the BUYER about changes in the structure of services provided under this agreement and the conditions for their provision..

FLORA MARKET has the right to:

10.4. Involve third parties in the provision of services to the Buyer, remaining responsible to the Buyer for the provision of services;

10.5. Refuse to transfer goods and provide services if the Buyer fails to fulfill its obligations under this Agreement.

10.6. Receive clarifications and additional information on issues that have arisen during the provision of services.

10.7. Unilaterally terminate this agreement in case of failure by the BUYER to fulfill the obligations provided for in clause No. 7.3 (on timely payment for services).

10.8. Transfer its powers in terms of the execution of this offer to third parties without prior notice to the Buyer himself and agreement with the latter of this action.

The BUYER undertakes:

10.9. Timely, in accordance with the terms of this Offer, pay for the Goods / Services of FLORA MARKET under the Offer agreement.

10.10. Fulfill all the requirements set forth in this Offer, issues arising in the process of providing services and provide the necessary information.

The BUYER has the right:

10.11. Receive goods and services in accordance with the terms of this offer.

10.12. Receive the necessary and reliable information about the work of FLORA MARKET and the services it provides.

10.13. The BUYER has the right to send its opinions, suggestions and recommendations to FLORA MARKET.

10.14. At any time, check the progress of the execution of this Agreement, without interfering with the economic activities of FLORA MARKET.

11. RESPONSIBILITIES OF THE PARTIES

11.1. FLORA MARKET shall not be liable for damage caused to the activities of the BUYER or the persons he represents, in case of improper performance of obligations under this agreement, violation of the requirements of FLORA MARKET employees.

11.2. Paying for the Goods/Services of FLORA MARKET under the Offer Agreement, the BUYER agrees with the terms of this agreement and that he is not entitled to demand from FLORA MARKET any compensation for moral, material damage or damage caused to the BUYER both during the term of this Agreement, and after the expiration of its validity period, except as expressly provided for by this legislation.

11.3. FLORA MARKET under no circumstances bears any responsibility under the Offer Agreement for:

a) any actions and / or inactions that are a direct or indirect result of the actions / inactions of any third parties not involved by FLORA MARKET.

b) any indirect losses and/or lost profits of the BUYER and/or third parties, regardless of whether FLORA MARKET could foresee the possibility of such losses or not;

11.4. Without conflicting with the above, FLORA MARKET is released from liability for violation of the terms of the Offer agreement, if such violation is caused by force majeure circumstances (force majeure), including: actions of public authorities, fire, flood, earthquake, other disasters, lack of electricity, strikes, civil unrest, riots, any other circumstances, not limited to the above, that may affect the performance of the Offer by the CONTRACTOR.

11.5. The Offer Agreement, its conclusion and execution is regulated in accordance with the current legislation of the Netherlands.

11.6. In the event of improper performance of the Agreement by one of the parties, resulting in adverse consequences for the other party, liability arises in accordance with the current legislation of the Netherlands.

12. PRIVACY

12.1. The Parties undertake, without mutual consent, not to transfer to third parties, or use in any other way not provided for by the terms of the agreement, organizational, technological, commercial, financial and other information constituting a commercial secret for any of the Parties, provided that:
such information has actual or potential commercial value due to its unknown to third parties;
there is no free access to such information on a legal basis;
the owner of such information takes appropriate measures to ensure its confidentiality.

12.2. The term of protection of confidential information is established by the Parties for at least one year from the date of expiration of the Offer agreement.

13. OTHER TERMS

13.1. Any notices under the Offer Agreement may be sent by one Party to the other Party:

13.2. Failure to exercise this or that right under the Offer agreement, the powers or intentions provided for in the Offer agreement does not mean that FLORA MARKET refuses the terms and conditions of the Offer agreement in the event of the next violation, nor waives its rights to demand compliance with the terms of the Offer agreement at any time subsequently.

13.3. The Offer Agreement is a complete agreement between FLORA MARKET and the BUYER. FLORA MARKET does not assume any conditions and obligations in relation to the subject of the Offer, except for those specified in the Offer, which regulate the execution of the Offer agreement, unless such conditions or obligations are recorded in writing and signed by authorized representatives of FLORA MARKET and the BUYER. If any terms of the Annexes or Additional Agreements to the Offer contract contradict the terms of the Offer, the provisions of the Offer will prevail.

13.4 The BUYER enters into the Offer Agreement voluntarily, while the BUYER:

13.5. The BUYER has all the rights and powers necessary to conclude and execute the Offer Agreement.

13.6. If any of the conditions of the Offer is recognized as invalid or illegal, or cannot enter into force in accordance with the current legislation, such is removed from the Offer and replaced by a new provision that best meets the original intentions contained in the Offer, while the remaining provisions of the Offer (agreement Offers) do not change and remain in force.