Public offer agreement
Read the text of this Public Offer Agreement, hereinafter referred to as the “Agreement”, and if you do not agree with any of its clauses, do not understand any clause of the agreement, we suggest that you refuse to purchase the goods, or clarify the information that interests you by phone by writing a letter to the address Email:
If you accept the terms of the Agreement, you agree to all of its terms and confirm that you understand all of its provisions.
This agreement has the character of a public offer, is the equivalent of an “oral agreement” and, in accordance with the current legislation of Ukraine, has the proper legal force.
1. General Provisions
1.1. This Agreement is a public offer agreement (in accordance with Articles 633, 641, and Chapter 54 of the Civil Code of Ukraine), its conditions are the same for all Users / Buyers, regardless of status (individual, legal entity, individual – entrepreneur).
1.2. If the terms of this Agreement are accepted, that is, the Seller’s Public Offer, the User becomes a Buyer.
2. The subject of the contract
2.1. The Seller undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay and accept the goods on the terms of this Agreement.
2.2. The Agreement applies to all types of goods and services presented on the Site.
3. Procedure for ordering
3.1. The presented photo samples contain one or more types of goods of a certain article and text information about the article, available sizes, the price per unit of the Goods, etc.
3.2. The User / Buyer independently places an order for any Product that is available for ordering on the Site.
3.3. In the absence of the ordered Goods, the Seller has the right to exclude the specified Goods from the Order / cancel the User’s / Buyer’s Order by notifying the user / Buyer about this using the means of communication left by the User / Buyer when registering on the Site / left when placing an Order on the Site or in another way.
3.4. The User / Buyer has the right to cancel the order by means of communication.
3.5. In case of cancellation of the Order, the cost of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.
3.6. When placing an Order on the Site, the User / Buyer is provided with information about the estimated delivery date.
4 Price and payment procedure
4.1. The price of each individual product is determined by the Seller and is indicated on the Site. The price of the Order is determined by adding the price of all the Goods included in the Order and the delivery price equal to the amount payable, which is indicated on the Site when placing the Order at the time of its placement.
4.2. The Contract price is equal to the Order price. The amount of the Order may vary depending on the price, quantity of goods.
4.3. The order of the Goods means the formation of the Order and its payment by non-cash means.
4.4. The Buyer makes the payment for the Goods according to the Order.
4.5. Payment for the Goods by bank transfer is carried out by using electronic means of payment.
4.6. The order is considered paid from the moment the payment is received to the Seller’s account. The fact of payment The order indicates the consent of the user / Buyer with the terms of this Agreement.
4.7. The price of the Goods indicated on the Site can be changed by the Seller unilaterally. At the same time, the price for the Goods ordered by the User / Buyer is not subject to change.
5. Delivery of the Goods
5.1. Delivery and return The order is carried out by delivery services on the territory of Ukraine at the expense of the Buyer, or by self-pickup FROM the store.
5.2. The total delivery time of the Goods consists of the order processing time and the delivery time. Order processing time – from one working day to three.
5.3. In the event that the Order is delivered by the Carrier Company by way of Acceptance of this Public Offer, the User / Buyer fully and unconditionally agrees with the Rules for the carriage of goods of the Carrier Companies. The terms of such Rules can be found on the websites of the respective carrier companies.
5.4. The risk of accidental loss and / or accidental damage to the Goods passes to the Recipient from the moment the Order is handed over to him and the Recipient affixes a signature in the documents confirming the delivery of the Order.
6. Return of goods
6.1. Return of goods of proper quality.
6.1.1. The return of the Goods of proper quality is carried out in accordance with the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII dated 05/12/1991 (with amendments and additions).
6.1.2. The Buyer has the right to refuse the delivered Goods of good quality within 14 (fourteen) days from the date of receipt of the Goods solely on the condition that the presentation, consumer properties of the Goods, factory packaging, labels and settlement document (electronic document, receipt, sales receipt or cash register receipt, ticket, coupon or other document confirming the receipt of funds, indicating the date of the calculation).
6.1.3. The return of the Goods of proper quality, the delivery of which was carried out by the Carrier Companies, is carried out at the expense of the Buyer.
6.2. Return of goods of inadequate quality.
6.2.1. In the case of the return of the Goods, it has a significant drawback in accordance with the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII dated 05/12/1991 (with amendments and additions), the delivery of which was carried out by the Carrier Companies. The Seller returns the funds upon the return of the Goods. … The costs associated with the delivery of such goods to the Buyer by the Carrier Company are covered by the seller.
7. Rights and obligations of the seller
7.1. The seller has the right:
7.1.1. Unilaterally suspend the sale of Goods and delivery services (refuse to place an Order/sale and deliver goods) in case of violation by the User / Buyer of the terms of the Public Offer;
7.1.2. At its discretion, unilaterally change the price of products. In any case, the price of the Goods confirmed by the Seller in the Order remains unchanged;
7.1.3. In the absence of the Goods ordered by the Buyer, the Seller has the right to exclude the specified Goods from the Order / cancel the Buyer’s Order, without fail to notify the Buyer by sending an appropriate e-mail to the e-mail address specified by the Buyer when registering or placing an Order (or by calling the Call Center operator to the specified by the Buyer phone number)
7.1.4. At its discretion, unilaterally amend the terms of the Public Offer by posting (publishing) it in a new edition on the Site. Changes come into force from the moment they are posted (published), unless another date for the changes to come into force is not additionally determined when they are published;
7.1.5. Post on the Site information about promotional events and marketing activities that are or will be carried out by the Seller and / or third parties of the seller’s partners. Also, in accordance with the terms of this Public Offer and the Privacy Policy, send e-mails with information about news, promotional events, marketing activities, and other commercial offers of the seller to the Users’ email address;
7.1.6. Arrange the delivery of Orders, involving third parties in the provision of delivery services.
7.2. The seller undertakes:
7.2.1. After completing the confirmation of the Application, execute the properly executed and confirmed Order;
7.2.2. Deliver the Goods in accordance with the completed Order and the terms of the Public Offer;
7.2.3. Check the quantitative and qualitative characteristics of the Goods during packaging and preparation for delivery
7.2.4. Do not in any way disclose information about the personal data of Users and Buyers, passwords and other access data
7.2.5. Provide each user with the opportunity to refuse to receive advertising materials and other commercial offers from the Seller, sent by the latter to the email address specified when registering on the Site.
8. Rights and obligations of the User / Buyer
8.1. The User / Buyer has the right:
8.1.1. Select Products, place and submit an Order on the relevant pages of the site;
8.1.2. Require the seller to fulfill the conditions and obligations provided for by this Public Offer;
8.1.3. Refuse to receive promotional materials and other commercial offers from the Seller, sent by the latter to the user’s email address.
8.2. User / Buyer undertakes:
8.2.1. By the time of acceptance of this Public Offer, familiarize yourself with all of its terms and conditions;
8.2.2. To get acquainted with the information about the product (its description), which is posted on the Site, before placing and sending the Order;
8.2.3. Duly pay and receive the Order executed in accordance with the terms of this public offer;
8.2.4. When registering and / or when placing an Order, provide the Seller with the complete information necessary to deliver the Order. The User / Buyer is fully responsible for the provision of false information that entailed the impossibility of the Seller’s proper performance of its obligations to the User / Buyer;
8.2.5. Upon receipt of the Order, ensure the integrity and completeness of the Goods by examining the contents of the Order. In the event of damage or an incomplete complete set of the Goods – record all differences in the Act, which, together with the User / Buyer, must be signed by the person who delivered the Order;
8.2.6. Read the Rules for the carriage of goods of the Carrier Companies before placing the Order.
9. Duration of the Agreement
9.1. This Agreement shall enter into force from the date of placing the Order or registering the user / Buyer on the Site and is valid until all the terms of the agreement are fulfilled.
10. Responsibility of the parties. Settlement of disputes
10.1. The Parties to the Agreement are liable for non-performance or improper performance of the Agreement in accordance with the legislation of Ukraine and this Agreement.
10.2. The Seller is not responsible for the quality of public communication channels and possible interruptions in the data transmission network (including, but not excluded, the global Internet) through which the Site is accessed.
10.3. The seller is not responsible for: a slight discrepancy in the color gamut of the Goods may differ from the original only due to the different color reproduction of individual computer monitors; the content and accuracy of the information provided by the User / Buyer when placing an order; delays and interruptions in the processing of the order and delivery of the Goods occurring for reasons that are beyond the scope of his control; for unlawful illegal actions committed by the User / Buyer using the access to the Internet given to him; for the transfer by the User / Buyer of their network identifiers – IR, MAC address, log in and password to third parties.
10.4. The User / Buyer, using the Internet access provided to him, is independently liable for harm caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state, or moral principles of morality.
10.5. Any complaint or claim of the user / Buyer must be made in writing. The Seller will take all necessary measures to satisfy the complaint/claim of the user / Buyer if such a complaint/claim is justified and executed in accordance with the current legislation of Ukraine.
10.6. All disputes arising between the Parties during the execution of this Agreement and related to it shall be resolved through negotiations.
10.7. In matters not regulated by this Agreement, the Parties are guided by the current legislation of Ukraine.
11. Force majeure
11.1. A Party is exempt from liability for full or partial violation of the Agreement specified in this Agreement and (or) the legislation in force in Ukraine if it proves that such violation occurred as a result of force majeure, provided that their occurrence was evidenced in the manner specified by legislation.
12. Disclaimer on the collection and processing of personal data
12.1. Upon acceptance of the Agreement, the User / Buyer gives his consent to the collection and processing of personal data in accordance with the Law of Ukraine dated June 01, 2010 No. 2297-VI “On the protection of personal data”.
12.2. Any information received from the user / Buyer will never and under no circumstances be provided to third parties, with the exception of cases provided for by the current legislation of Ukraine.
12.3. The information provided by the User / Buyer is used by the Seller: to register the user / Buyer on the Site and / or place an Order; when processing an Order; to fulfill their obligations to the User / Buyer; to evaluate and analyze the work of the Site to determine the winner in promotions conducted by the Seller; to provide the User / Buyer with commercial offers by the Seller.
12.4. The permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by the conclusion of this Agreement, the Buyer confirms that he is notified (without additional notification) 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 is transferred to the Seller in order to fulfillment of the terms of this Agreement, the possibility of carrying out mutual settlements, as well as for receiving invoices, acts and other documents.
The User / Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional messages from the user / Buyer, without changing the purpose of processing personal data. The scope of the rights of the user / Buyer 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.
12.5. Personal information can be changed, updated, or deleted at any time in the “Personal Account” section.
12.6. In order to provide the user / Buyer with information about the products posted on the site, the Seller can send information messages to the email address specified during registration.
13. Other conditions
13.1. The provisions of the current legislation of Ukraine apply to the relationship between the User / Buyer and the Seller.
13.2. By this, the User / Buyer confirms and agrees that he does not acquire any right, title or interest in any name, logo or sign for goods and services (trademark) or other intellectual property rights of the Seller (counterparty of the seller) and/or affiliated companies, not use them, does not enter into economic circulation, except for the purposes of this Agreement. The above obligations remain in force even after the termination of the Agreement.
13.3. Photos of the Product contained on the pages of the site may differ from the actual appearance of the product. Descriptions/characteristics accompanying the product do not claim to be complete and may contain typographical errors. To clarify information on the Product, the User / Buyer should apply for the help of electronic communication
13.4. The Seller reserves the right to expand and shorten the product offer presented on the Site.
13.5. The site and the services provided may be temporarily, partially or completely unavailable due to preventive or other work or for any other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notification to Users / Buyers.
13.6. If any provision (condition) that occurs in this Agreement or any other document associated with it becomes invalid, illegal, – the action and implementation of the provisions of this document, which remained, and will not be violated or weakened in any way, and such provision (condition) will be deemed excluded from the Agreement.
13.7. The headings included in this Agreement are used solely for convenience and should not be construed or construed as having material content when interpreting the meaning of any provision of this Agreement.