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Terms and conditions

Offer Contract

This online shop belongs to the private businessman Shukurov Nazim Seyran and located at 
«Bouquet-az.com» web page (TIN No: 6401115712). Offer on sale of online shop products.
1. Main terms and concepts
The terms provided in this offer excluding the cases meant in the context express the following meanings and are its integral part. The Executive is a private businessman performing services upon current contract. The Customer is any private person, private businessman or legal person accepted upon presented offer terms. 
Online shop is an official web page Bouquet-az.com, on which online shopping of products offered by the Executive belonging to him is performed. Within this Contract the concept of “Online shop” and “Shop”, as well as the derivatives of Bouquet-az.com internet portal are equivalent and described exactly through the offer context. A Product – is an agreement subject of the Parties and the list of items presented at online shop.

2. General provisions

2.1. This Offer (hereunder referred to as Contract) is an official offer with able-bodied “Shukurov Nazim Seyran” (hereunder referred to as Executive) upon the terms provided in this Offer by the Executive on the product sale addressed to any private person, private businessman or legal person having proper duties for signing contract and covers the main terms of the Contract. 
2.2. The relationships in the sphere of consumer rights protection are regulated with the Civil Code of Azerbaijan Republic, the Law on “Consumer rights protection” and other legal acts of Azerbaijan Republic adopted according to this Law. 
3. The subject of Contract and cost of Product

3.1. The Executive delivers the products upon the terms of present Contract, and the Customer accepts them and pay their cost.
3.2. Ownership right upon ordered product (s) is transferred to the Customer once he accepted them in person and completely paid the cost. The liability on occasional destruction of the product, or its damage risk is transferred to the Customer since the products are delivered to him in person. 
3.3. The cost of product is specified by the Executive unilaterally and indicated on Bouquet-az.com online shop pages. 
3.4. The cost of Product is indicated in Azerbaijan Republic manats (in case if your sales are conducted in Russia, this paragraph should be changed and specified according to corresponding country currency). 

4. Conclusion of the Contract

4.1. The text of the present Contract (in accordance with the Civil Code of Azerbaijan Republic) comprises the general offer. 
4.2. The acceptance of this offer (Contract) is formation of Customer’s product order upon the present Offer terms. 
4.3. The Contract signed upon the acceptance of this Offer by the Customer is a partnership agreement, in accordance with which the Customer is joined to this Contract without any exception.
4.4. The check-out of an order by the Customer means that he accepts unilaterally the terms of the present Contract. The Executive is considered as a person establishing relationships with the Customer, who makes a purchase (checks out product order) at the online shop upon the present Contract terms. 
5. Rights and obligations of Parties

5.1. The Executive is obliged to perform the following duties:
5.1.1. To fulfill all his duties before the Customer completely once this Contract is signed in accordance with applicable law and the terms of the present Contract; when force-majeure cases occur, the Executive reserves the right of performing his contractual obligations. 
5.1.2. To process the Customer’s personal data and insure confidentiality in the order provided by the law;
5.1.3. Accepting this Offer the Customer expresses his direct consent and allows to collect, systematize, gather, maintain, elaborate (update, upgrade), use, distribute (as well as transfer on the territory of Azerbaijan Republic and trans-border) of his personal data including name, surname, patronymic, birth date, sex, biometric personal data, place of work and position, post address; home, work and cell phone numbers, e-mail addresses including desidentification, blocking, destruction and transferring of personal data to the Operator’s contractors (including collecting, systematization, gathering, maintaining, elaborating, updating and upgrading), using, distribution (as well as transferring on the territory of Azerbaijan Republic and trans-border), desidentification, blocking and destruction, conducting research works oriented to service quality improvement with the purpose of their further processing, carrying out marketing programs, statistical surveys, as well as for establishing direct relationships with the Customer via processing postal parcels, electronic, facsimile communication, Network and other means for promotion of services in the market. The Customer expresses his direct consent and allows processing his personal data through automatized management systems of Operator and his contractors, as well as other software especially developed upon Operator’s order. The work (collecting, systematizing, gathering, maintaining, elaborating, using, blocking, destructing) with such systems is conducted through an algorithm assigned by the Operator. Used processing methods are carried out through (including but not limited to): automatic verification of postal codes in codes databank, automatic checking the spelling of streets/communities’ names, automatic checking of vehicle identification number and validity of vehicle number-plate, communicating with the Customer via phone, post and Internet elaborating the data with Customer and segmentation of databanks upon set parameters. 

The Customer agrees that if it is necessary for stated purposes, his personal data obtained by the Operator can be transferred to the third Parties that may be assigned for processing by the Operator upon the Contract signed with them; in this case such third Parties should follow requirements of Azerbaijan Republic legislation on insurance of confidentiality of personal data and safety during their processing. Transferring Customer’s personal data the Operator warns the persons receiving the Customer’s personal data that they may be used only for stated purposes with insuring safety and demand to follow this requirement. The Customer has a right to request the Operator detailed information on his personal data, processing and use, as well as to exclude or elaborate/add improper or incomplete personal data via addressing written request to the Operator’s email. The consent of the Customer given for his personal data processing is unlimited and may be withdrawn through written request to the Operator’s email. Unless law provides any other term, the Executive is obliged to meet this request of the Customer. 
5.1.4. The Executive is responsible to prevent the attempts of unlicensed access to the information and/or its transfer to the persons not concerned with the order performance and conduct measures for prevention of such cases identifying them duly. 
5.1.5. To submit the documents confirming product delivery and cost payment to the Customer;
5.1.6. To provide change or return of the products in accordance with the Civil Code of Azerbaijan Republic, the Law on “Consumer Rights Protection” of Azerbaijan Republic and other legal acts. 
5.1.7. Other duties provided by law upon such contracts. 
5.2. The Executive has the following rights:
5.2.1. To place this Contract, product costs and tariffs on additional services at online shop located at Bouquet-az.com web page, change unilaterally the payment, delivery methods and terms; all changes come into force once they are announced and considered delivered to the Customer attention since its announcement moment. 

5.2.2. To perform the record of phone calls with the Customer in accordance with Azerbaijan Republic law on “Information, informational support and information protection”;
5.2.3. To transfer his rights and duties upon the present Contract to the third Parties without consent of the Customer.
5.2.4. Before delivery, the product ordered by the Customer, the Executive has a right to request 100% deposit payment of product price from the Customer. In case when such a payment is not processed, the Executive reserves a right not to deliver the product to the Customer. 
5.2.5. According to the reserves of the product in the warehouse, the Executive has a right to make unilateral changes in the Customer’s order or reject it. In such kind of cases the Executive should inform about it the Customer through phone call, email or sms. 
5.2.6. The quantity of products on sale and gifts in campaigns assigned by the Executive may be limited. When the amount of products with sales and gifts is limited, the Executive has a right to make unilateral changes in the quantity of products with sale and gifts in the orders placed by the Customer or reject it. In these cases, the Executive should inform the Customer via phone, email or sms. 
5.2.7. The Executive can limit the quantity of products in sale. In case when these limitations are exceeded by the Customer, the Executive reserves the right to make changes or reject the Customer’s order and informs him about it by phone, email or message. 
5.2.8. In case when paragraph of the present Contract is broken, the Executive has a right to reject the Customer’s order unilaterally. 
5.2.9. The Executive has a right to change unilaterally the terms of campaigns placed at Bouquet-az.com online shop without the consent of the Customer and place such changes at Bouquet-az.com web site. 

5.2.10. The Executive may request corresponding charges (vehicle and etc.) concerning product return from the Customer. In case of a deposit payment, the Executive has a right to carry out the withdrawal of corresponding actual charges (vehicle and etc.) out of that paid amount. 
5.2.11. The Executive has other rights provided by legislation in such type of contracts.
5.3. The Customer is obliged to fulfill the following duties:
5.3.1. Prior to Contract conclusion, to get acquainted with the content and terms of the Contract, as well as the prices for products offered by the Executive at online shop;
5.3.2. For fulfillment of Executive’s duties before him, the Customer should possess all sufficient information for delivering him a particular product identifying him, the cost of which is already paid or will be paid by delivery. To pay the cost (shipment price) of ordered product in accordance with the terms of the present Contract. The value of a product to be paid by receiving directly from Executive is completely paid cashless to the Executive. In case if the Customer selects cashless (through bankcard or via electronic payment systems) payment in checkout of the order, The Customer should pay the cost of his order at checkout. The Customer should confirm the order payment by means of transfer documents describing relevant bank notes or any other document. In case when the Customer pays the cost of product cashless, he should indicate the date and number of invoice in transfer documents serving a confirmation of products delivery. To fulfill the requirement stated in the paragraph 5.2.10 of the present Contract. The Executive has other duties provided by legislation in such type of contracts.
5.4. The Customer’s rights:
5.4.1. To demand the proper quality for the product;
5.4.2. To demand detailed and correct information concerning the quantity, assortment and quality of the products;
5.4.3. To demand corresponding documents concerning products delivery, in case of cash payment of product price – payment receipt and other relevant documents;
5.4.4. To provide the change/return of the product in accordance with the Civil Code of Azerbaijan Republic, the Law on Consumer Rights Protection, as well as other legal acts of Azerbaijan Republic. 
5.4.5. The Customer has other rights provided by legislation in such type of contracts.

6. Offer withdrawal

6.1. Offer (Contract) withdrawal may be conducted by the Executive any time; however, it does not give rise to deny his contractual obligations. The Executive is obliged to place a notice at his online shop concerning the accurate time of his offer withdrawal prior two hours to the actual occurrence of Offer legal force stopping (temporal stopping) fact. 
7. Contract conclusion requirements

7.1. The Customer (Consumer) should be provided with the following information before product order by the Executive (Supplier):
7.1.1. The name and address of Supplier;
7.1.2. Major information on the features of products (services, works);
7.1.3. Product (services, works) prices considering taxes;
7.1.4. The charges and other terms on delivery when it is provided;
7.1.5. The terms of delivery and payment process;
7.1.6. Validity period of contract offer or its value;
7.1.7. If necessary, minimum terms of products, works or services permanent or temporal supply;
7.1.8. Terms and stages of contract conclusion;
7.1.9. Registration and access to the contract by Executive (Supplier);
7.1.10. Identifying mistakes in order checkout and technical facilities for their correction.
7.2. The Executive (Supplier) should immediately inform the Customer when he receives the order. The order is considered received once the Customer (Consumer) has a notification on order confirmation. 
7.3. In case if this duty is not fulfilled till the contract conclusion, it should be performed prior to contract execution start. 
7.4. During confirmation, the following information should be provided as well:
7.4.1. The terms and procedure of rejection from contract fulfillment;
7.4.2. The address the Customer should forward his claim;

8. Force-majeure

8.1. In case if any Party fails to perform his duties partially or completely after contract conclusion due to the force-majeure cases, this Party is released the liability for non-fulfillment of his duties. “Force-majeure” mean such emergency cases, which cannot be foreseen and prevent by corresponding Party through accessible means. These force-majeure cases include strike, flood, fire, earthquake and other natural disasters; war, military operations, as well as the other cases beyond control of the Parties. The changes made into applicable law or legal acts affecting directly or indirectly any Party are not considered as force-majeure cases; however, if any Party fails to fulfill his contractual obligations due to one of these changes, the Parties should immediately make a relevant decision to eliminate this issue for keeping appropriate performance of duties provided by the present Contract. 
9. Responsibility of the parties

9.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the parties bear responsibility in accordance with the current legislation of the Republic of Azerbaijan.
9.2. Illegal use of information and images posted in the online store is prosecuted in accordance with the current legislation of the Republic of Azerbaijan.
9.3. Expenses for goods and delivery must be paid by the Customer.
9.4. The parties are responsible for the accuracy of the information they provide in accordance with applicable law.

10. Other conditions

10.1. All questions and disputes related to non-implementation or improper performance of the Agreement, the Parties shall be resolved through negotiations.
10.2. In the event that issues and disagreements can not be resolved through negotiations, they are resolved in a judicial procedure in accordance with the legislation of the Republic of Azerbaijan. 
10.3. Relationships and issues between the Parties that are not regulated by this Agreement shall be regulated in accordance with the Civil Code and other normative acts of the Republic of Azerbaijan.
10.4. This Agreement shall enter into force upon signature and is valid until the Parties fulfill their obligations.
10.5. The Customer must notify the Executing Officer about the change of address at least 24 hours before delivery. The Customer confirming the address specified in this Agreement agrees that the products, notification, notification and other letters sent by the Executor will be deemed delivered. The customer does not have the right to refer to the non-receipt of goods.
10.6. Some of the terms of the Agreement may be submitted on the basis of another electronic document and for this reason the Agreement can not be considered invalid. In this case, the Executor (supplier) should provide access to the reference electronic document, as long as the contract is in force.
10.7. In the event that any of the clauses of this Agreement are deemed to be invalid by a court, state body, ministry, administration or arbitration court, all other provisions of the Treaty remain valid and are valid.

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