OFFER TO CONCLUDE A PURCHASE AND SALE AGREEMENT

«Florist.ru-Online» LLC, Main State Registration Number 1221600026450, represented by the Chief Executive Officer Maksimova Tatiana acting on the basis of the Charter, and «Florist.kz» LLP, BIN 220540007367 represented by the Director Maksimova Tatiana acting on the basis of the Charter, who jointly are the Administrators of the Marketplace (hereinafter referred to as the "Marketplace"), acting on their own behalf in the interests and at the expense of Suppliers of flowers and gifts (hereinafter referred to as "Suppliers", separately - "Supplier"), address this Offer (hereinafter referred to as the "Offer") to a certain circle of Buyers of flowers and gifts (hereinafter referred to as "Buyers", separately – "Buyer") using the current functions of the Marketplace's electronic trading platform on the Marketplace's official Internet resource https://www.florist.ru (hereinafter referred to as the "Official Website"), who will express their consent to the conclusion of this Purchase and Sale Agreement (hereinafter referred to as the "Agreement").

1. THE PREAMBLE OF THE OFFER.

1.1. Buyers under this Agreement are individuals and/or legal entities who, at the time of conclusion of this Agreement, use the functionality of the electronic trading platform (hereinafter referred to as the "Trading Platform") to select and purchase flowers and gifts with delivery to their Recipients (hereinafter referred to as"Recipients", separately "Recipient") and to pay for Orders, have accepted the Offer and all the following conditions in full, by performing the actions provided for in this Offer.

1.2. Suppliers under this Agreement are legal entities and/or individual entrepreneurs who have contractual relations with the Marketplace and are executors of Orders from Buyers of the Marketplace (hereinafter referred to as "Orders", separately as "Order") with delivery to the Recipient of the Order specified by the Buyer.

2. THE PROCEDURE FOR CONCLUDING THE AGREEMENT. THE VALIDITY PERIOD FOR THE OFFER AND ACCEPTANCE.

2.1. This document is made in electronic form and is an official Offer for the conclusion of the Agreement for the sale of flowers and gifts, posted on the Official Website or in the mobile application of the Marketplace, which contains all the essential terms of the Agreement for the sale of flowers and gifts using the functionality of the Trading Platform.

2.2. The acceptance of this Offer (hereinafter referred to as "Acceptance") is the fact that the Buyer pays for each Order and/or the fact that each Order is placed by the Buyer, and is a guarantee of proper familiarization and full and irrevocable acceptance and agreement by the Buyer of all the conditions set forth in this Offer as conditions of the concluded Purchase and Sale Agreement of flowers and gifts. After the Acceptance of the Offer, its entire text in full is recognized as the Agreement concluded on the terms set forth in this Offer between the Parties to the Agreement (hereinafter referred to as the "Parties", separately as the "Party"). After conducting the Acceptance, the terms "Offer" and "Agreement" in the text of this document have equivalent force for the Parties.

2.3. The Agreement is concluded in a special manner in accordance with the current legislation of the Republic of Kazakhstan and the Russian Federation by accepting the Offer and therefore does not require additional signing and sealing of the paper version of the Agreement by the Parties.

2.4. This Offer may be withdrawn by the Marketplace until the moment of receipt of Acceptance from the Buyer by deleting or replacing this Offer from the official website or in the mobile application of the Marketplace.

2.5.This Offer cannot be withdrawn after the Buyer has made an Acceptance in accordance with the conditions specified in this Offer.

2.6. The placement of this Offer on the official website or in the mobile application of the Marketplace entails the entry of this Offer into legal force, which is valid until its withdrawal by the Marketplace (deletion/replacement). The Marketplace has the right to independently and at its discretion make written changes to the terms of this Offer by posting or deleting relevant information on the Official Website or in the mobile application of the Marketplace.

3. THE SUBJECT OF THE AGREEMENT.

3.1. According to this Agreement, the Marketplace undertakes to accept and process the Buyer's Order, accept payment of the Order from the Buyer for settlements, and transfer the completed Order for execution to the Supplier, who is obliged to fulfill and transfer to the property of the Recipient specified by the Buyer in the Order, flowers, flower bouquets, compositions and gifts (hereinafter referred to as "Goods"), information about which is posted in the Catalog on the official website or in the mobile application of the Marketplace (hereinafter referred to as the "Catalog") according to the Order, executed by the Buyer and accepted by the Marketplace for execution under the terms of this Agreement.

3.2. According to this Agreement, the Buyer undertakes to accept the Goods through the Recipient indicated by him, according to his completed Order and pay the full cost of the Order, on the terms of this Agreement.

4. GENERAL PROVISIONS OF THE AGREEMENT.

4.1. In cases when the Buyer uses payment means issued by financial organizations of the Russian Federation for settlements, all relationships under this Agreement are regulated in accordance with the current legislation of the Russian Federation and all payments for Orders are made in Russian rubles using bank details of "Florist.ru-Online" LLC, which is the Official Administrator of the Marketplace with the right to work in the territory of the Russian Federation and the Republic of Belarus. At the same time, the Marketplace provides the Buyer with all the necessary documents.

4.2. In cases when the Buyer uses means of payment for settlements, with the exception of the means of payment specified in clause 4.1. this Agreement, all relationships under this Agreement are regulated in accordance with the current legislation of the Republic of Kazakhstan and all payments for Orders are made in tenge, or in US dollars, or in EU euros (depending on the payment currency for non-resident Buyers of the Republic of Kazakhstan), according to the bank details of "Florist.kz" LLP, which is the Official Administrator of the Marketplace with the right to work outside the territory of the Russian Federation and the Republic of Belarus. At the same time, the Marketplace provides the Buyer with all the necessary documents.

5. THE COST OF ORDERS AND CALCULATIONS.

5.1. Cost of Orders.

5.1.1. The total cost of each Order is determined according to the prices of Goods indicated in the Catalog on the Official Website or in the mobile applications of the Marketplace and valid on the date of ordering by the Buyer (hereinafter referred to as "Prices for goods"), including the cost of delivery of the Order to the Recipient specified by the Buyer when placing a specific Order. The total cost of the Order is formed including the discount (subject to the application of the discount) provided to the Buyer by the Marketplace.

5.1.2. The order made by the Buyer in accordance with the rules of the Marketplace contains all the necessary conditions for the purchase of Goods selected by the Buyer on the Marketplace, including their quantity and quality.

5.1.3. The Parties have the right to agree in writing on the special conditions of the cost and the conditions of execution for any non-standard Order of the Buyer.

5.2. The cost of delivery of the Order.

5.2.1. The cost of the Order includes the cost of delivery of the Order to the Recipient specified by the Buyer when placing a specific Order. The cost of delivery of the Order is determined in accordance with the conditions posted on the Official website or in the mobile application of the Marketplace and depending on the actual specified delivery address.

5.2.2. The cost of delivery of the Order is determined in accordance with the current delivery rates indicated on the Official website or in the mobile application of the Marketplace (hereinafter referred to as as "Delivery Rates").

5.2.3. . If the location of the Recipient of the Order is located outside the territory served by the Supplier of the Order, the Marketplace sends the Buyer a link to pay for the additional cost of delivery of the Order. After that, the Buyer makes the payment, which confirms the Buyer's approval of the additional cost of delivery of the Order.

5.2.4. If necessary, the Marketplace additionally informs the Buyer of the total cost of delivery and the total cost of the Order after agreeing on all the details of the Order.

5.3. The procedure for making payments on Orders.

5.3.1. The Buyer places an Order and pays the Marketplace an advance payment in the amount of 100% (one hundred percent) of the total cost of the Order at the time of placing the Order. At the time of placing the Order, the Buyer goes through the registration procedure and gets access for authorization in the Buyer's Personal Account on the Official website of the Marketplace or Mobile Application (hereinafter referred to as "Personal Account"). If the Buyer has previously placed Orders using their registration data (phone numbers and /or e–mail), it is not required to go through the registration procedure when placing the next Order of the Buyer.

5.3.2. The Marketplace organizes the acceptance of payments from Buyers under this Agreement. The calculations are carried out using the means of payment indicated on the Official Internet resource of the Marketplace. The Buyer has the right to pay for the Order using one of the methods described in the "Payment Methods" section of the Marketplace at www.florist.ru/payment.

5.3.3. The Marketplace independently, in accordance with the current Agreement on the provision of an electronic trading platform concluded with Suppliers, makes settlements with the Supplier for each Order completed in a timely manner and in full.

5.3.4. The refund of funds to the Buyer in the cases specified in this Agreement is carried out in the manner in which the payment was made.

6. THE ORDER AND CONDITIONS FOR THE EXECUTION OF ORDERS.

6.1. The Marketplace starts executing the Order after receiving payment of the total cost of the Order from the Buyer who placed the Order under the terms of this Agreement.

6.2. When placing an Order, the Buyer specifies the exact and correct delivery address and the Recipient to whom the Order should be delivered. The recipient of the Order is considered to be duly authorized by the Buyer to perform actions for the acceptance of the Order. If the Buyer did not specify the delivery address when placing the Order, the contact phone number of the Recipient of the Order was not specified, the delivery address of the Order will be the address that the Recipient will inform.

6.3. When placing an Order, the Buyer specifies the delivery time: the time and date of delivery, choosing from the options available on the Marketplace website at the time of placing the Order. The methods of transferring the Order to the Recipient can be agreed by the Marketplace with the Buyer or with the Recipient (contact or contactless transfer method).

6.4. The execution of the Order must comply with the parameters, conditions, terms agreed by the Parties in the Order and the conditions specified in this Agreement.

6.5. A delay is allowed and is not considered a violation of the Order delivery obligations for a period of no more than 45 (forty-five) minutes from the time agreed upon when placing the Order.

6.6. The Buyer agrees that the delivery of Orders for the dates: February 14, March 7 and March 8, Mother's Day can be carried out with a delay of more than 45 (forty-five) minutes at the time specified in the Order, about which the Marketplace notifies the Buyer.

6.7.The delivery of the Order can be carried out by third parties engaged by the Supplier of the Order independently and at his discretion.

6.8. The Marketplace informs the Buyer about the fulfillment of the Order by placing an appropriate mark in his Personal Account, or at the Buyer's email address, or by SMS message, or phone call, or using messengers, or otherwise to the contacts specified by the Buyer.

6.9. The Order is considered completed with timely and complete delivery and transfer of the Order to the recipient specified in the Order.

6.10. The Order is considered unfulfilled due to the Buyer's fault if the Recipient is absent from the specified address for more than 15 (fifteen) minutes or the Recipient refuses to accept the Order without making reasonable claims. In this case, the Parties shall act in accordance with clause 6.15 of this Agreement.

6.11. If there is a "Free photo of the moment of transfer of the Order" in the Order and with the consent of the Recipient, the Supplier of the Order takes the appropriate photo and, using the functionality of the Marketplace, sends the photo to the Buyer no later than 72 (seventy-two) hours from the moment of execution and transfer of the Order. Except in cases when photo fixation is not possible due to the Recipient's refusal of the photo. It is not a violation of obligations for the Marketplace not to provide photos for technical reasons.

6.12. Cancellation of the Order or making changes to the completed Order is allowed if the Buyer notifies the Marketplace in writing about the cancellation or making changes no later than 48 (forty-eight) hours before the time of delivery of the Order. In case of violation of the above deadline, the Buyer's notification may be accepted by the Marketplace at its discretion, only until the Order is ready for delivery. The Order cannot be changed or canceled if the Order has already been prepared for delivery to the Recipient at that time.

6.13. In case of timely cancellation of the Order by the Buyer, the Marketplace returns to the Buyer the cost of the Order minus the Supplier's costs from the total cost of the Order, including the costs of the florist and the costs of the Marketplace associated with Order processing.

6.14. The Buyer's notifications about the change of the Recipient's address, the date and time of delivery, the composition of the Order, as well as the text of postcards for Orders with delivery on February 14 and March 6-11, received less than 48 (forty-eight) hours before the delivery time specified in the Order, are not accepted.

6.15. If the Recipient refuses to accept the Order or is absent on the spot at the delivery address at the time agreed in the Order for more than 15 (fifteen) minutes, all possible solutions to this situation remain at the discretion of the Marketplace and are made only no later than 24 (twenty-four) hours from the time of the initial delivery of the Order. In this case, all new conditions for the Order, unfulfilled on the initiative or fault of the Recipient, are negotiated between the Marketplace and the Buyer, with the obligatory condition that the Buyer fully reimburses all incurred and additional costs of the Marketplace and the Supplier (waiting for the transfer of the Order to the Recipient for more than 15 (fifteen) minutes, repeated departure and waiting by courier at the address, and other grounds).

6.16. The waiting time for the transfer of the Order to the Recipient should not exceed more than 15 (fifteen) minutes from the moment of arrival of the delivery person at the delivery address. Repeated departure and waiting by courier at the address are additionally paid by the Buyer.

6.17. Special conditions for the execution of Orders.

6.17.1. The options for the design of flower bouquets and compositions selected by the Buyer for the Order are carried out by the Supplier as appropriate as possible to the photo images of the Goods placed in the Marketplace Catalog.

6.17.2. When placing an Order, the Buyer takes into account that the Goods purchased by them due to their natural origin may have individual characteristics and inconsistency with the samples of Goods whose photographic images are placed in the Marketplace Catalog, therefore the Buyer will not make claims in connection with possible deviations from the color scheme of the samples of Goods due to the natural origin of colors.

6.17.3. When placing an Order, the Buyer takes into account the fact that all bouquets and compositions are made manually by the Supplier's florists, therefore, a slight deviation in form from the photo image presented in the Catalog is possible and replacement in compositions and bouquets is possible in terms of the number, assortment and composition of flowers, depending on seasonality, availability of flowers in a particular region and other factors equivalent to them in terms of color, quality and cost.

6.17.4. Depending on the delivery, some gifts, packaging, baskets and other decorative elements of the Order may not be available, therefore, replacements in quantity, assortment and composition equivalent in quality and cost are possible, which allows the Supplier to fulfill the Order without delay.

6.17.5. In accordance with the current legislation on consumer protection of the Republic of Kazakhstan and the Russian Federation, plants, including flowers, are not subject to exchange and return. The Marketplace can independently and at its discretion individually consider the Buyer's request for the replacement of flowers, bouquet or composition. If the Marketplace makes a decision to replace, the integrity of the previously delivered Order and its packaging is a prerequisite.

6.18. Claims, complaints and comments. All claims, complaints and comments related to the execution of this Agreement the Buyer sends to the contacts of the Marketplace – the Administrator who accepted the payment of the Order from the Buyer. The Marketplace takes all measures to resolve disputes and resolve the situation taking into account the interests of the Buyer.

7. RIGHTS AND OBLIGATIONS OF THE MARKETPLACE.

7.1. The Marketplace undertakes to:

7.1.1. Provide Customers with the opportunity to place an Order. Place all the necessary information for Buyers about the procedure and rules for placing and executing Orders.

7.1.2. Accept and process Customer Orders and, if necessary, verify the data, contacts and other information specified by the Buyer when placing the Order.

7.1.3. Accept payment for Orders from Customers and make all necessary calculations.

7.1.4. Provide the Buyer with the necessary information about the Order and its execution in his Personal Account.

7.1.5. If possible, to ensure discussion with the Buyer of the necessary issues arising during the execution of Customer Orders and the execution of this Agreement. If it is impossible to provide a discussion with the Buyer (time zone difference, night time, lack of access zone and response to calls and messages, urgency of the Order, etc.), the Marketplace acts at its discretion based on the interests of the execution of the Order, with mandatory subsequent notification of the Buyer of the decision and the changes made. Decisions made independently by the Marketplace should not significantly change the main parameters and conditions of the Order.

7.1.6. Upon receipt of reasonable claims or motivated comments from the Buyer regarding the quantity, quality, assortment, delivery time of the Order, to notify the Supplier of the Order in writing no later than 72 (seventy-two) hours and take all necessary measures to resolve the situation.

7.1.7. Ensure confidentiality of all information received during the execution of this Agreement.

7.1.8. To ensure the security of the processing of personal data of Buyers and Recipients received during the execution of this Agreement in accordance with the Privacy Policy of the Marketplace.

7.2. The Marketplace has the right to:

7.2.1. Withhold the full cost of the Order in case the Buyer specifies a non-existent Recipient or an incorrect or incomplete Recipient address, except in cases when, if possible and at the discretion of the Marketplace, the Parties agree in writing and the Buyer pays for the re-delivery of the Order to the specified and correct Recipient address.

7.2.2. In the event of the Recipient's refusal to accept the Order or his absence on the spot at the delivery address at the time agreed in the Order, independently and at his discretion decide on the possibility of making other options for another delivery of the Order within 24 (twenty-four) hours from the time of the initial delivery of the Order.

7.2.3. At the request of the Recipient of the Order, who has informed the other address, time and date of delivery of the Order, to deliver the Order to another address and at another time and date, subject to payment to the Buyers of the additional cost of delivery of the Order, due to the fact that a change in the address, time and date of delivery of the Order is a change in the essential conditions of the Order. If the Buyer refuses to pay the additional cost of delivery, the Parties act in accordance with clause 6.15. of this Agreement.

7.2.4. If the Buyer specifies the wrong destination of the Recipient, either withhold the full cost of the Order and refuse delivery, or, by agreement of the Parties, receive from the Buyer an additional payment for the cost of delivery, or an additional cost of Goods, if as a result of the Buyer's actions it became necessary to replace the flowers collected in the Order with new flowers.

7.2.5. To demand, for an Order not fulfilled on the initiative or fault of the Recipient, a full refund by the Buyer of all incurred and additional costs of the Marketplace and the Supplier of the Order.

7.2.6. Withhold the costs of payment of the Order to the Supplier, including the costs of the florist and the costs of the Marketplace associated with the processing of the Order, in case of cancellation of the Order by the Buyer.

7.2.7. To refuse to fulfill the Order unilaterally at any time on condition of full refund to the Buyer of the total cost of the paid Order. Interest for the use of other people's funds in accordance with the current legislation in this case is not accrued.

7.3. The Marketplace guarantees:

7.3.1. Fulfillment of all necessary requirements of the legislation of the Russian Federation and the Republic of Kazakhstan on personal data provided by Buyers to the Marketplace for the execution of this Agreement.

8. RIGHTS AND OBLIGATIONS OF THE SUPPLIER.

8.1. The Supplier is obliged to:

8.1.1. Fulfill the Buyer's Order in a timely manner, of proper quality and in full in accordance with the terms agreed by the Parties in the Order and ensure delivery and transfer of the Order to the Recipient.

8.1.2. Ensure timely discussion of all necessary issues arising from the Marketplace during the execution of Customer Orders and the execution of this Agreement.

8.1.3. Promptly notify the Marketplace in writing about the fact of Order fulfillment and other facts related to Order fulfillment in accordance with the terms of this Agreement.

8.1.4. Take a photo of the moment of transfer of the Order if there is a "Free photo of the moment of transfer of the Order" in the Order of this service and with the consent of the Recipient, and provide the photo to the Marketplace for placement in the Buyer's Personal Account no later than 3 (three) calendar days from the date of execution and transfer of the Order. Except in cases when photo fixation is impossible due to the Recipient's refusal of the photo and for other technical reasons.

8.1.5. Ensure confidentiality of all information received during the execution of this Agreement.

8.2. The Supplier has the right to:

8.2.1. . Involve third parties to deliver the Order to the Recipient. Do not provide documents confirming the cost of their Order delivery costs when third parties are involved in the delivery of the Order.

8.2.2. Deliver the Order to another Recipient's address on condition of the agreement of the new address and delivery time with the Recipient, if the new delivery terms are agreed in writing between the Marketplace and the Buyer, with the mandatory condition that the Buyer fully reimburses all incurred and additional costs of the Marketplace and the Supplier of the Order.

8.3. The Supplier guarantees:

8.3.1. At the time of conclusion of this Agreement, the fact of their familiarization and full and irrevocable acceptance and agreement by the Supplier of all the conditions set forth in this Offer and in the Privacy Policy posted on the official Internet resource of the Marketplace, as conditions of the concluded Purchase and Sale Agreement between the Supplier and Buyers, with the participation of the Marketplace.

9. RIGHTS AND OBLIGATIONS OF THE BUYER.

9.1. The Buyer undertakes:

9.1.1. . Independently, before placing an Order, familiarize themselves with the terms of the documents in force at the time of placing the Order: the Offer to conclude a Purchase and Sale Agreement, the Policy regarding the processing of personal data, the Privacy Policy, the user's consent to the processing of personal data, and other rules posted on https://www.florist.ru/doc/terms.

9.1.2. When registering a Personal Account and/or placing an Order on the official website and in the mobile application of the Marketplace, provide all the necessary personal registration information in any way, as well as information necessary to fulfill the Order in Russian, including: surname, first name, patronymic (if necessary), contact details of the Buyer (including email address, phone number), Recipient's contact details, delivery address (country, region, city, district, street, house, office/apartment).

9.1.3. Immediately, no later than 48 (forty-eight) hours before the time of delivery of the Order, notify the Marketplace in writing about the cancellation of the Order or changes to the Order.

9.1.4. Pay the full cost of the Order to the Marketplace within the time specified by the Marketplace.

9.1.5. Immediately reimburse the Marketplace for any additional costs for the execution and delivery of the Order caused by the fault of the Buyer or Recipient, including, but not limited to: additional cost of delivery to the Recipient at another address and at another time; payment for repeated delivery of the Order to the Recipient; payment for courier’s waiting at the Recipient's address; payment for delivery outside the delivery zone selected by the Buyer on the official website or in the mobile application of the Marketplace, and other costs of the Marketplace and the Supplier of the Order.

9.1.6. Warn the Marketplace about the presence of allergic reactions or individual intolerance to any Product from the Order that cannot be included in the Order.

9.2. The Buyer has the right to:

9.2.1. Receive discounts valid at the time of placing each Order. The conditions for receiving discounts are indicated on the official website and in the mobile application of the Marketplace at www.florist.ru/discounts.

9.2.2. Refuse to deliver the Order no later than 48 (forty-eight) hours before the time of delivery of the Order and receive a refund of the Order value minus the costs incurred by the Marketplace during processing and execution of the Order.

9.2.3. Refuse an Order of improper quality or a Product that significantly differs in the composition of the Order compared to the Products presented on the official website or in the mobile application of the Marketplace. The Marketplace returns the total cost of an Order or a Product of inadequate quality or significantly differing in composition to the Buyer within 10 (ten) calendar days following the day the Buyer submits the relevant claim. At the same time, the period of receipt of the above funds to the Buyer's account, depending on the bank servicing the transfer, is from 3 to 40 (three to forty) banking days.

9.3. The Buyer guarantees:

9.3.1. In case of contact delivery, the Recipient specified by the Buyer, upon receipt of the Order in the presence of the person delivering the Order, will check the appearance, freshness and integrity of the packaging of the Order.

9.3.2. Providing the Marketplace with the appropriate consent to the processing and use of the Buyer's personal data for the execution of this Agreement.

9.3.3. At the time of placing each Order the terms of this Agreement at the time of Acceptance and other conditions specified on the official website and in the mobile application of the Marketplace at www.florist.ru/doc/terms are accepted by them without any objections and correspond to his actual will as a Buyer.

9.3.4. Understanding the meaning of terms, words and expressions used in this Agreement according to their regulatory definition and (or) interpretation in accordance with the current legislation of the Republic of Kazakhstan and the Russian Federation.

10. THE TERM OF THE CONTRACT.

10.1. This Agreement comes into force from the moment the Buyer makes Acceptance in accordance with the terms of this Offer and is valid until the Parties fully fulfill their contractual obligations for each Order duly executed and fully paid by the Buyer.

11. RESPONSIBILITY OF THE PARTIES.

11.1. In case of non-fulfillment or improper fulfillment by one of the Parties of the obligations assumed under the Agreement, this Party bears the responsibility provided for in this Agreement and the current legislation of the Republic of Kazakhstan or the Russian Federation.

11.2. The Buyer takes into account that the Marketplace is not the seller of Goods and the executor of Orders under this Agreement and, in this regard, the Marketplace is not responsible to the Buyer for the actions and/or omissions of the Supplier of the Order if the non-fulfillment or improper fulfillment of the Order occurred through the fault of the Supplier. However, the Marketplace makes every conscientious and reasonable effort to resolve all disputes and to reimburse the Buyer for the full cost of the outstanding Order.

11.3. If the Order cannot be executed due to the Buyer's fault, or the Buyer fails to fulfill its contractual obligations, the Marketplace withholds the total cost of the Order to compensate the Marketplace for damages caused as a result of the above violations. The Buyer assumes responsibility for the actions or omissions of the Recipient specified by the Buyer in the Order and for the content and accuracy of the information provided by the Buyer when placing the Order.

11.4. The Marketplace is not responsible in case the Recipient of the Order has allergic reactions or individual intolerance to any Product from the Order, if when placing the Order the Buyer has not notified the Marketplace in writing about the presence of the Recipient of an allergic reaction or intolerance to certain Products that cannot be included in the Order.

11.5. The Marketplace is not responsible for any emotional reaction of the Recipient and for their psychological state and conclusions that the Recipient has as a result of and upon receipt of the Order and the Goods that make up the Order.

11.6. The Marketplace is not responsible for intentions and actions (inaction) of the Buyer, committed intentionally or negligently, which are aimed at causing any damage to the Recipient.

12. TERMINATION AND MODIFICATION OF THE AGREEMENT

12.1. The Marketplace has the right to immediately suspend or terminate this Agreement in cases of gross violation or non-fulfillment by the Buyer of the terms of this Agreement or in case of impossibility of execution of this Agreement caused by the Buyer's fault by sending a corresponding notification to the Buyer. At the time of termination of this Agreement, the Parties must fulfill all their obligations in full.

12.2. The Marketplace has the right to unilaterally amend the terms of this Agreement posted on the official website and in the mobile application of the Marketplace. The Buyer is obliged to familiarize themselves with the text of the Offer, in the version that is posted at the time of placing each Order by the Buyer.

13. FORCE MAJEURE OF THE CONTRACT.

13.1. In the event of force majeure circumstances, regardless of the will of the Parties, precluding the proper execution of the terms of this Agreement, its validity is suspended until the termination of these circumstances. At the same time, the deadlines for fulfilling these obligations are proportionately postponed for the duration of these circumstances.

13.2. Force majeure circumstances include any events beyond the control of the Parties that could not have been foreseen or avoided, namely: man-made and environmental disasters, natural destructive phenomena and cataclysms, natural disasters (including: earthquakes, floods, massive steppe, forest, peat and other fires, mudflows and landslides, storms, hurricanes, tornadoes, snow drifts, icing and others), criminal encroachments, mass riots, military actions, acts of state, judicial and administrative authorities, the introduction of a state of emergency, quarantine measures due to epidemics and pandemics that prevent or prohibit the fulfillment of the terms of the Agreement for one of the Parties (hereinafter referred to as "force majeure circumstances").

13.3. The Party for whom the circumstances of force majeure have arisen shall notify the other Party in writing of the occurrence of the circumstances of force majeure in the personal account or by e-mail no later than 24 (twenty-four) hours from the date of occurrence of these circumstances. In case of impossibility of written notification, the Party must send it no later than 24 (twenty-four) hours from the date of removal of such obstacles.

13.4. If the circumstances of force majeure precluding the proper execution of the terms of this Agreement last more than 60 (sixty) calendar days, its validity is terminated automatically.

14. CONFIDENTIALITY OF THE AGREEMENT. CONCERNING PERSONAL DATA AND ITS PROTECTION.

14.1. The confidentiality conditions set forth in this Agreement do not apply to cases when the Parties provide information to state financial monitoring bodies in accordance with the current legislation of the Russian Federation or the Republic of Kazakhstan.

14.2. It is not considered a violation for the Marketplace to provide third parties on the basis of agreements, information received from the Buyer to fulfill obligations to the Buyer, including for the purpose of informing about promotions and special offers, but not limited to this. The Marketplace will require the above-mentioned persons to comply with the privacy policy and the procedure for processing information, follow the instructions of the Marketplace, as well as take other appropriate measures necessary for protection.

14.3. The Parties undertake not to disclose Confidential Information and not to use it, except for the purpose of fulfilling obligations under this Agreement. Confidentiality obligations remain in force after its termination for the next 3 (three) years.

14.4. Upon conclusion of this Agreement, the Buyer gives the Marketplace consent to the collection, storage and processing, including automated, of information related to the Buyer's personal data (last name, first name, city, contact phone numbers, email addresses) and the data of the Recipient of the Order (first name, last name, phone number, delivery address), including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, blocking, destruction of personal data.

14.5. Processing of Personal Data is carried out for the conclusion of this Agreement, processing and execution of Orders, settlements with the Marketplace, fulfillment of contractual obligations to third parties, in order to inform the Buyer about changes in the terms of this Agreement, providing the Buyer with information about the services provided by the Marketplace, promotions and special offers. The Buyer has the right to refuse to receive the newsletter at any time by sending a corresponding written message to the Marketplace.

14.6. The Buyer's consent to the processing of personal data is valid indefinitely, until the Buyer withdraws this Consent.

15. SPECIAL CONDITIONS AND FINAL PROVISIONS

15.1. The Marketplace is not responsible to the Buyer for the actions and/or inaction of Suppliers or the Recipient of the Order, for the quality and speed of access to Internet services via communication channels of mobile operators and Internet providers, for restricting access to services during preventive or technical work, as well as for the actions and/or inaction of state institutions and bodies, and other third parties.

15.2. Disputes arising from this Agreement must be settled through negotiations between the Parties, and otherwise - in court in accordance with clause 4.1. and clause 4.2. of this Agreement:

15.2.1. In cases when the Buyer is located on the territory of the Russian Federation and the Republic of Belarus, at the location of the administrator of the Marketplace “Florist.ru-Online” LLC in the Arbitration Court at the Chamber of Commerce and Industry of the Republic of Tatarstan.

15.2.2. In cases when the Buyer is located outside the territory of the Russian Federation and the Republic of Belarus, at the location of the administrator of the Marketplace of "Florist.kz" LLP in the Specialized Interdistrict Economic Court of Almaty.

15.3. The Parties exchange all necessary information by posting it in the Buyer's Personal Account or sending a notification to the email address.

15.4. All agreements agreed in writing between the Parties in the Buyer's Personal Account on the Marketplace or to the e-mail addresses of the Parties are recognized by the Parties.

Marketplace details

For payments using means of payment issued by Russian financial organizations:
«Florist.ru-Online» LLC

Main State Registration Number (ОГРН) 1221600026450
TIN of the organization (ИНН) 1655475078
Registration code (КПП) 165501001
Legal address: 10/54 Ayvazovskogo st; office 3; Kazan city, Republic of Tatarstan 420012, Russian Federation
Bank account 40702810762000024978
Branch of "Bank of Tatarstan" N8610 PJSC Sberbank
BIC (БИК) 049205603
Correspondent account 30101810600000000603
Chief Executive Officer Maksimova Tatiana

For payments using all other means of payment:
«Florist.kz» LLP

Business identification number (БИН) 220540007367
Legal address: 5 Auezova st., office 173, Almaly district, Almaty city, 050000, Republic of Kazakhstan
Bank account: KZ388562203117306047
SWIFT: KCJBKZKX
JSC Bank CenterCredit
Director Maksimova Tatiana