Public offer agreement
This agreement is an official and public offer of the individual entrepreneur Solopikhina E.O., hereinafter referred to as the “Seller”, to conclude a contract for the sale of the Goods presented in the online store:
This agreement is a public agreement, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions and the procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unfair order and all other terms of the Agreement.
1. DEFINITION OF CONCEPTS
1.1 In this offer, the following terms have the following meanings:
– “Public Offer ” (hereinafter referred to as the “Offer”) is a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods with the Seller by remote means (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer;
– “Order” means the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment;
– The “product” is women’s clothing;
–“Seller” – an individual entrepreneur who sells the Goods presented in the online store to the Buyer for an appropriate fee. In the context of this Agreement, the Seller is the individual entrepreneur Ribalka V.I. (RNOKPP: 2295901183).
has the following details:
Ukraine, Kharkiv, ul. 69 Sumyskaya St.
IBAN – UA203515330000026000025902834
JSC CB “PRIVATBANK
– “Buyer” means an individual, legal entity, or individual entrepreneur who orders and pays for the Goods in cash and is the purchaser of the Goods;
– “Third Party Carrier”means a legal entity that delivers the Goods from the Seller to the Buyer;
– “Online Store” means a means for selling the Goods by means of an electronic transaction. In the context of this Agreement, the Seller’s online store is located at the following address on the Internet:
– “Acceptance” means an agreement to accept the terms and conditions contained in an offer to enter into an agreement.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to accept and pay for the Goods on the terms and conditions specified in this Agreement;
2.2. In accordance with the terms of this Public Offer Agreement, the Acceptance is considered to be placing an order in the Seller’s online store and paying for the Goods in accordance with clause 6.2. of this Agreement
2.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or fraud.
3. PLACING AN ORDER
3.1. The Buyer places an Order for the relevant Goods in the Online Store through the “Cart” section
3.2.When placing an Order, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order, namely:
-The Buyer’s full name or the name of the legal entity;
-delivery address of the Goods (address of the post office to which the Goods should be sent, or the Buyer’s address in case of targeted delivery of the Goods);
-Contact phone number;
-EDRPOU code for a legal entity.
3.3. In case the Buyer provides incomplete and/or inaccurate information, the list of which is specified in clause 3.2. of this Agreement, the Seller has the right to refuse to confirm the Buyer’s Order;
3.4. The name, quantity and article of the selected Goods shall be determined by the Buyer in the Buyer’s “basket” on the Seller’s online store website;
3.5. By entering into this Agreement by placing an Order, the Buyer confirms that he/she is fully familiarized with and agrees to its terms and conditions.
3.6. The composition of the goods and their general characteristics are indicated in the Seller’s online store.
4. DELIVERY OF THE ORDER
4.1. The Goods are transferred by the Seller to the Buyer after the Buyer receives 100% of the amount of prepayment for the Goods to the Seller’s current account;
4.2. Payment for the cost of Delivery of the Goods from the Seller to the Buyer shall be made at the expense of the Buyer, unless otherwise agreed by the Seller and the Buyer;
4.3. The cost of delivery depends on the current tariffs of the Third Party Carrier;
4.4 The Seller is not responsible for the delivery time of the Order by the Third Party Carrier;
4.5.Upon receipt of the Goods, the Buyer shall, in the presence of the persons responsible for the delivery of the Goods, check the compliance of the Goods with the qualitative and quantitative characteristics;
4.6.At the request of the Seller, the Goods may be received by him on the terms of self-delivery from the Seller’s warehouse.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1 The seller is obliged to:
-to fulfill the terms and conditions of this Agreement;
-to fulfill the Buyer’s Order in case of receipt of payment from the Buyer;
-transfer to the Buyer the Goods selected by him on the Seller’s Online Store page after receiving the advance payment from the Buyer;
-check the qualitative and quantitative characteristics of the Goods before transferring them to the Buyer.
5.2 The Seller has the right:
– unilaterally amend this Agreement;
5.3 The Buyer shall:
-pay for and receive the Order in a timely manner under the terms of this Agreement;
-to get acquainted with the information about the Goods, which is posted in the Seller’s online store on the page:
– upon receipt of the Goods from the person who delivered them, make sure that the Goods are intact and complete. In the event of damage or incomplete completeness of the Goods, they shall be recorded in an act signed by the person who delivered the Goods to the Buyer together with the Buyer.
5.4.The Buyer has the right to:
– place an Order in the Seller’s online store;
– require the Seller to fulfill the terms of this Agreement.
6. COST AND PROCEDURE OF PAYMENT FOR THE GOODS
6.1. The cost of the Goods is indicated on the pages of the Seller’s online store.
6.2. The Buyer pays for the Order in non-cash form, on the terms of 100% prepayment to the following bank details:
IBAN account -UA203515330000026000025902834
6.3 Bank commissions related to the payment for the Goods shall be paid by the Buyer;
6.4. The prices for the Goods may be changed by the Seller unilaterally, depending on market conditions, which affects the prices in the Online Store.
7. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
7.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine;
7.2. In case of disputes related to the performance of this Agreement, the Parties shall resolve them through negotiations;
7.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be resolved in the appropriate court in accordance with the applicable laws of Ukraine;
8. TERMS OF RETURN OF GOODS
8.1. The return of the Goods shall be made in accordance with the terms of the current legislation of Ukraine.
9. FORCE MAJEURE CIRCUMSTANCES
9.1. The Parties shall not be liable for failure to fulfill any of their obligations, except for the obligation to pay for the Goods, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are really beyond the control of such Party, occurred after the conclusion of this Agreement, which are unforeseen and unavoidable. Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, embargoes, disasters, restrictions imposed by government authorities, if these circumstances directly affect the performance of this Agreement.
10.OTHER TERMS OF THE AGREEMENT
10.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the Seller, ordering the Goods, sending advertising messages, etc;)
10.2. By accepting the Agreement, the Buyer voluntarily agrees to the collection and processing of his/her personal data for the following purposes: the data that becomes known will be used for commercial purposes, including for processing Orders for the purchase of Goods, receiving information about the Order, sending advertising and special offers, information about promotions, drawings or any other information about the activities of the Seller’s online store by telecommunication means (e-mail, mobile communication). For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer’s postal address, e-mail, as well as send SMS messages, make calls to the phone number specified in the questionnaire, etc;
10.3. The Buyer gives the right to process his personal data, including: to place the Buyer’s personal data in the Seller’s databases (without additional notice to the Buyer), to carry out their lifelong storage, accumulation, updating, and change.
