Offer Agreement

PUBLIC AGREEMENT (OFFER)

for ordering, buying and selling and delivering goods

 

This Agreement is an official and public offer of the Seller to enter into a contract of sale and purchase of the Goods presented on the website ___________________________ This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without preference for one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unfair order and other terms of the Agreement. The Agreement shall be deemed concluded from the moment the "Confirm Order" button is clicked on the checkout page in the "Cart" section and the Buyer receives the order confirmation from the Seller in electronic form.

 

1. Definition of terms

 

1.1. Public offer (hereinafter referred to as the "Offer") is a public offer by the Seller, addressed to an indefinite number of persons, to conclude a contract of sale and purchase of goods remotely with the Seller (hereinafter referred to as the "Contract") on the terms and conditions contained in this Offer.

1.2. Goods or Services – an object of the agreement between the parties, selected by the buyer on the website of the Online Store and placed in the basket, or already purchased by the Buyer from the Seller remotely.

1.3. Online store – the Seller’s website at ___________________________ was created to conclude retail and wholesale purchase and sale agreements based on the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.

1.4. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.

1.5. Seller – Individual Entrepreneur ___________________________

 

2. Subject of the Agreement

 

2.1. The Seller undertakes to transfer the ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. Datoy of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of completion by the Buyer of the order form posted on the website of the Online Store, subject to the Buyer receiving confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.

 

3. Placing an Order

 

3.1. The Buyer shall independently place an order in the Online Store via the "Cart" form, or by placing an order by e-mail or by phone, specified in the contacts section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information specified by the Buyer when placing the order is incomplete or raises suspicion as to its validity.

3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:

3.3.1. the Buyer's last name and first name;

3.3.2. the address to which the Goods should be delivered (if delivery is to the Buyer's address);

3.3.3. contact telephone number.

3.3.4. Identification code for a legal entity or an individual entrepreneur.

3.4. The name, quantity, article, price of the Product selected by the Buyer are indicated in the Buyer's basket on the website of the Online Store.

3.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the required information, the Seller shall not be liable for providing quality service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.

3.7. The Buyer accepts the terms of this Offer by entering the relevant data in the registration form on the website of the Online Store or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.

3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.

3.9. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms for purchasing the Goods), by placing an Order, the Buyer confirms the following:

a) The Buyer is fully aware of and agrees to the terms of this offer;

b) he gives permission to collect, process and transfer personal data, permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration.

In addition, by concluding the agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection, and that his personal data are transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of making mutual settlements, as well as receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.

 

4. Price and Delivery of Goods

 

4.1. Prices for goods and services are determined by the seller independently and are indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnia, including VAT.

4.2. Prices for goods and services may be changed by the seller unilaterally depending on market conditions. However, the price of an individual unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The price of the Product indicated on the website of the Online Store does not include the cost of delivery of the Product to the Buyer. The Buyer shall pay the cost of delivery of the Product in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) selected by him.

4.4. The price of the Product indicated on the website of the Online Store does not include the cost of delivery of the Product to the Buyer's address.

4.5. The Seller may specify the approximate cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending an email or when placing an order through the online store operator.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.

4.7. Settlements between the Seller and the Buyer for the Goods are made in the ways specified on the website of the Online Store in the section "Payment and Delivery".

4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date)sti).

4.9. The Buyer or his representative, upon acceptance of the Goods, confirms by his signature on the sales receipt/or in the order/or in the consignment note for the delivery of goods that he has no claims regarding the quantity of goods, the appearance and completeness of the goods.

4.10. The right of ownership and the risk of accidental loss of or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods upon independent delivery of the Goods from the Seller or upon transfer of the goods by the Seller to the delivery service (carrier) selected by the Buyer.

 

5. Rights and obligations of the Parties

 

5.1. The Seller is obliged to:

5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.

5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases stipulated by law and when fulfilling the Buyer's Order.

5.2. The Seller has the right:

5.2.1. To change the terms of this Agreement, as well as the prices for Goods and Services unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of publication.

5.3. The Buyer undertakes to:

5.3.1. Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.

5.3.2. In fulfillment of the Seller's obligations to the Buyer, the latter must provide all necessary data that clearly identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

 

6. Return of Goods

 

6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods do not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Goods of proper quality may be returned if they have not been used and if their presentation, consumer properties, packaging, seal, labels, as well as the payment document issued to the Buyer for payment for the Goods are preserved. List of goods that cannot be returned forThe grounds provided for in this paragraph shall be approved by the Cabinet of Ministers of Ukraine.

6.2. The refund to the Buyer of the cost of goods of proper quality is carried out within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in paragraph 6.1. of the Agreement, the current legislation of Ukraine.

6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.

6.4. Return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.

6.5. In the event that defects in the Goods are discovered during the established warranty period, the Buyer has the right to personally, in the manner and within the timeframes established by the legislation of Ukraine, present the Seller with the claims provided for by the Law of Ukraine "On Protection of Consumer Rights". When presenting claims for free elimination of defects, the period for their elimination is calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.

6.6. Consideration of the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller upon provision by the Buyer of documents stipulated by the current legislation of Ukraine. The Seller shall not be liable for any defects in the Goods that arise after their transfer to the Buyer due to the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties, or force majeure.

6.7. The Buyer has no right to refuse a product of proper quality that has individually defined properties, if the specified product can be used exclusively by the Buyer who purchased it (including, at the Buyer's request, non-standard sizes, characteristics, appearance, configuration), etc.). Confirmation that the product has individually defined properties is the difference in the product sizes and other characteristics indicated in the online store.

6.8. Return of goods, in cases stipulated by law and this Agreement, is made to the address specified on the website in the "Contacts" section.

 

7. Responsibility

 

7.1. The Seller shall not be liable for damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.

7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations if the Buyer provides inaccurate or false information.

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military action, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this agreement. The Party that is able to fulfill its obligations shall immediately notify the other Party thereof.

 

8. Privacy and Personal Data Protection

 

8.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer provides the Seller with their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the validity period of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for poor performance or failure to fulfill their obligations due to information about the Buyer being out of date or not corresponding to reality.

 

9. Other conditions

 

9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the dispute through negotiations, the Buyer and/or the Seller have the right to seek dispute resolution in the courts in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in paragraph 5.2.1. of the Agreement. In addition, changes to the Agreement may be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.