This public offer (hereinafter – the “Offer”) is an offer by Westeria LTD (hereinafter – the “Contractor”), addressed to an unlimited number of eligible individuals, to enter into an agreement for the Contractor to provide services related to the booking of lots of wholesale lots of flowers and plants, provided (provided) by third parties, namely (i) services for selling lots of wholesale lots of flowers and plants, (ii) air delivery of lots, (iii) delivery of wholesale lots by large trucks and other services as part of the sale of wholesale lots from wholesale warehouses, or plantations and/or (iv) insurance services, under the terms and conditions set forth below.
Terms and definitions
• “Website” – the Executor’s website located at westeria.world, where the Customer places an Order using the System.
• “Client” – a natural person or an individual entrepreneur accepting the Offer.
• “Order” – the Client’s duly executed request to provide the Service selected on the Website through the System.
• “Lot” – information in the system about the batch of flowers, plants offered by wholesale suppliers, plantations.
• “Goods” – the subject of sales by suppliers (wholesalers, plantations). On the Site are presented in the form of ornamental flowers and plants.
• “Service” – any of the following services provided by the respective Suppliers: air delivery of bulk goods (“Air Delivery”); large truck delivery service (“Truck Delivery”); customs clearance; insurance service (“Insurance Service”).
• “Supplier” means the person who sells the Goods and provides the Service and who is entitled to do so under applicable law.
• “System” – a complex of hardware and software of the Executor, located on the Website. The System contains information about the Services, Providers, rules of use of the Services, as well as the basic conditions of provision of the Services by the Providers. This information is posted in the System in full accordance with how it is presented in the reservation systems by the Providers and their authorized representatives, and can be changed or supplemented at any time.
1.1 The exchange of information between the Executor and the Customer about the Order and fulfillment of other obligations under this Agreement is realized by means of the e-mail address indicated by the Customer when registering. In this regard, the Customer undertakes to regularly and independently monitor the status of his Order until the completion of the Services, to check his e-mail for information about possible changes in the status of the Order and, if necessary, to contact the Executor by phone, indicated on the Website, or through the feedback form on the Website.
1.2 Responsibility for any consequences arising from the lack of information from the Client on changes in the status of the Order for reasons beyond the control of the Executor (such as the cancellation or transfer of the flight, payment of the Order from the Client’s bank, changes in tariffs, etc.), shall be the Client.
2.1 Ordering on the site is carried out after entering personal data on the Lot purchase page.
2.2 Personal data required to make a purchase: Last Name, First Name, Patronymic, e-mail address, phone number, passport data, date of birth of the Customer.
2.3 In order to arrange delivery of bulk Goods it is necessary to specify the surname, first name, patronymic, date of birth, passport data, tax number of the recipient, delivery address.
2.4 The information about the reserved and/or purchased Lot is sent to the Client at the e-mail address specified by the Client at the time of reservation and/or purchase of the Lot, Goods.
2.5 Registration in the personal account on the website for the purchase and/or reservation of a Lot, Goods is required.
2.6 The Client executes the Order independently, not allowing “double” reservations (i.e. identical reservations). The Executor or the Supplier will be entitled to cancel all or part of the Customer’s “double” orders; in this case, the Executor will not be responsible to the Customer for any consequences of such cancellation for the Customer.
The Customer is obliged to get acquainted with all the basic conditions of the Order, including the rules and terms of provision (provision) of the Service by the Supplier, the rules of changing or rejecting the Service, the procedure of payment and return of the cost (part of the cost) of the Service, etc., in the process of the Order. If the Customer does not understand any conditions of this Offer (Agreement), Order (Service), including conditions of refusal, return, making any changes in the executed Order, the Customer must clarify the necessary information with the Contractor before payment for the Order.
When placing an Order, the Customer must fill in all the fields specified in the System as mandatory.
2.7 Orders paid by the Customer are not subject to change. By paying for the Order the Customer confirms his full and unconditional acceptance of the terms of this Offer (Agreement) and the Agreement, as well as confirms the accuracy of all the data entered into the System when placing the Order (personal data, dates, details of documents, addresses, etc.).
Conclusion of the relevant Agreement with the Supplier after the User completes the payment for the Order is confirmed by sending to the Customer the electronic documents, containing the characteristics of the Goods and Service, provided to the Customer by the Supplier, to the e-mail address specified by the User. Document execution may take some time.
• In case of late receipt by the Executor of payment information from the Customer, cancellation of the Order by the Supplier (termination of the Contract by the Supplier) or for other reasons beyond the control of the Executor, the Order is cancelled and, if possible, can be restored upon request.
Order payment procedure
3.1 The cost of the Order is determined when placing the Order and includes the cost of the Service; in addition, it may include the Contractor’s commission for the provision of services under the Agreement. The cost of the Order is set in U.S. dollars.
3.2 When paying for the Order by bank card on the Site, the recipient of the payment must be the Contractor.
3.3 The cost of the Order is indicated on the Website in the online mode and can be changed by the Supplier unilaterally. In case there are errors in the System in indicating the cost of the Order not through the Provider’s fault, the Provider is obliged to inform the Customer about it at the first opportunity in the order stipulated by clause 2.1. of this Offer. The Customer can accept the new price of the Order or cancel the Order at his own discretion. The situation when it is impossible to contact the Customer within 24 hours in any of the ways that are specified in the paragraph 2.1. of this Offer is considered to be the Customer’s disagreement with the change of the cost of the Order, in connection with which the Order is cancelled. If the Order, canceled in accordance with this clause, has been paid, the Executor returns to the Customer the funds paid for the Order.
3.4 In some cases, when paying by bank card, the Client may be offered an installment payment (autopay). In this case, the Client personally makes only the first payment and agrees with the frequency and amounts of subsequent charges, which will take place without re-entering the details of the bank card.
3.5 Restrictions on the use of installment payments:
- All autopayments must be confirmed before using the Service.
- If it is impossible to write off the amount required to pay for the Order, the Executor has the right to cancel the Order.
- The Customer has the right to refuse the Services and thereby prematurely terminate the autopayments in accordance with clause 5.1.
- Order not paid in time is canceled by the Executor.
- The Executor has the right to charge the Client an additional service fee, including a non-refundable fee.
- To avoid the misuse of bank cards, orders placed on the Site and paid by bank card can be checked by the Contractor in accordance with generally accepted rules.
Amendments to the Agreement. Cancellation of the Services.
4.1 All rules for cancellation of Goods, Services and changes to the Order are specified in the Cancellation Policy.
Client Responsibilities. Personal information.
5.1. In addition to all obligations prescribed in this Offer, the Customer undertakes:
• Do not place Orders intended to be counterfeit or fraudulent;
• Do not access the Site and System, view or copy any content or information from the Site and System using robots, scrapers, spiders or other automatic means or manual procedures for any purpose without the Contractor’s written permission;
• Do not violate any HTTP header restrictions designed to block robots on the Site, or circumvent other measures to prevent or restrict access to the Site;
• Do not take any actions that may, in the Contractor’s opinion, cause an excessive or disproportionate load on the Contractor’s infrastructure;
• Do not provide direct links to any part of the Site for any purpose without the written permission of the Contractor, and do not create “mirrors” or otherwise transfer any parts of the Site to other sites without the prior written consent of the Contractor.
5.2. By accepting this Offer, the Customer agrees with the Contractor to the processing of his personal data and personal data of other persons to whom services will be provided, namely: surname, name, patronymic, address (place of residence (registration), postal, place of stay), numbers and other details of identity documents and other documents, information on date and place of birth, physical condition, family composition, photographs, bank details and bank card details and other data and information required by the Supplier to provide services and deliver goods in accordance with the Contract. Processing of personal data is performed for the purpose of exercising rights and fulfilling obligations of the Contractor under the Contract and agreements with counterparties with or without the use of automation and includes collection, recording, systematization, accumulation, storage, clarification (update, change), recovery, use, transfer (provision, access), anonymization, blocking, deletion, destruction of personal data. The Client agrees to transfer, including abroad, personal data to the extent necessary for the Providers and owners of reservation systems for the purposes of processing of personal data by any lawful means in accordance with applicable law. The consent to the processing of personal data is valid for 30 years and can be revoked by the Client at any time on the basis of his written application. The Client also confirms to the Contractor that he has received the consent of other persons to whom the Services will be provided, to the processing of their personal data by the Contractor.
6.1 All text information and graphics on the Site are the property of the Contractor and/or its contractors.
6.2 Reprinting, reproduction in any form, distribution, including in translation, any materials from the Site are possible only with the written permission and on conditions of the Contractor.
Warranties and responsibilities of the parties
7.1 The Contractor’s scope of responsibility when providing services under this Agreement is reduced to the function of organizing and implementing the interaction (including information and technical) between the Client and the Supplier for the purpose of concluding the Agreement. The Contractor shall not be responsible for parts, components, equipment and software of payment systems involved in the overall processing of orders and conclusion of agreements.
7.2 If for any reason the Providers have not provided or have provided incomplete or unreliable information about the Services, Lots and Goods to the System, these circumstances cannot be the basis and/or reason for the Customer to claim against the Executor, because the provision, content and completeness of information about the Services, Lots and Goods depend on the Provider and are within his area of responsibility. Providers act as independent of the Contractor. Providers bear full responsibility in cases of misconduct on their part, including misleading the Customers about the offered Services, Lots, Goods.
7.3 The Executor shall not be liable before the Customer in case of full or partial temporary inoperability of the Website, the System and their components, as well as in case the Customer has no access to the Website and/or the System or in case of any indirect or direct damages caused by these circumstances. All offers, prices and conditions of the Services may be changed without notice to the Customer, limited in terms of time, availability, dates, deadlines, due to factors of weekends and holidays, seasonal price fluctuations, as well as strikes and temporary inoperability of reservation systems and/or be subject to other changes, conditions and restrictions.
7.4. The Executor is not responsible for the negative consequences for the Client and his financial losses resulting from events and circumstances beyond the competence or control of the Executor, as well as for the actions (inaction) of others, in particular:
in case of impossibility to fulfill the accepted obligations due to inaccuracy, insufficiency and untimeliness of the information and documents provided by the Client, as well as in case of violation of the Offer conditions or requirements to the documents by the Client;
• for the actions of the Suppliers;
• for the actions of customs authorities;
• for the actions of the customs authorities of foreign countries, including the refusal to release goods abroad;
• for the consequences of the Customer’s violation of customs and border procedures;
for the Client’s lack of supporting documents necessary to provide the Service in accordance with the terms of the Agreement;
• for non-compliance by the Customer and other persons with the terms and conditions of the Service established by the Supplier;
• for authenticity and absence of errors in the documents of the recipient of Goods (reliability of the information contained therein).
7.5 The Client acknowledges and warrants that the Client has read and agreed to the following provisions in particular:
• with the requirements for the availability of documents necessary for the provision of services, delivery and delivery of Goods, the Lot by their Supplier. Customer must familiarize itself with all delivery and shipping requirements;
• with the terms and conditions of provision of the Services, Goods by the Supplier;
• with the requirements for official documents; with the features and rules of border (customs) control (regime) of the Russian Federation and foreign countries;
• with the obligation to comply with customs and border regulations;
• that the Customer is solely responsible for the validity of the documents for the delivery of Goods, as well as for the accuracy of the information contained in these documents.
7.6. The parties shall be exempt from liability for improper performance or non-performance of obligations under this Agreement in the event of force majeure. These include the following circumstances: fire, epidemic, earthquake, terrorist act, flood, hurricane, storm, tsunami, landslide, other natural disasters and cataclysms, military actions of any nature, strikes, introduction of a state of emergency or martial law, embargo, changes in the legislation of the European Union, Russian Federation or the country of stay/transit of Goods, actions of customs and sanitary control authorities, cancellation of bus, ferry and other transport services, traffic on roads of the Russian Federation, the European Union, adoption of regulatory acts by official bodies which have caused inability of the Parties to properly perform their obligations and other circumstances that the Parties cannot influence and prevent.
7.7 Party, for which it is impossible to fulfill his obligations under the Contract, should immediately notify the other Party of the occurrence (and termination) of the circumstances referred to in paragraph 7.6 of this Offer. Failure to notify or untimely notification of the said circumstances shall deprive the Parties of the right to refer to these circumstances and shall not relieve them from liability under the Contract. The period of performance of the Parties’ obligations under the Agreement shall be extended in proportion to the time during which such circumstances will be in effect. If force majeure circumstances persist for more than fourteen (14) days, either party may refuse to perform its obligations under this Agreement. The existence of such circumstances shall be confirmed by the relevant decisions of the federal authorities, public authorities of the European Union, the Russian Federation, and local authorities adopted by them in accordance with the law.
Amendments to this Offer
8.1 The Contractor has the right to make changes to this Offer at any time without notifying the Customer of the changes made. The Customer shall periodically open the web-page westeria.world/public-offer/, where the text of this Offer is permanently posted, and review it for changes.
8.2 The procedure of termination by the Client is described in the Cancellation Policy.
8.3 The Contractor’s termination procedure is described in the Cancellation Policy.
Westeria LTD shall not be liable for any loss, damage or expense resulting from actual or potential war or terrorist activity, insurrection or civil unrest, actual or potential strikes, weather conditions, fire, flood, drought, route blockages, unforeseen changes in the schedule of public transportation, planes or ships, epidemics or outbreaks of disease, or any other event beyond our control that prevents us from fully providing the Service and delivering the Goods in bulk (“Force Majeure Circumstances”).
Information about the Contractor
House 17, 11 August Street, Oborishte District, Sofia 1202, Bulgaria