Public Offer Agreement
This agreement is an official and public offer by individual entrepreneur Solopikhina Iryna Ivanivna, hereinafter referred to as the "Seller," to enter into a contract for the sale of Goods presented in the online store.
This agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without favoring one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and conditions for placing an order, paying for goods, delivering goods, returning goods, liability for unfair orders, and all other terms of the agreement.
1. DEFINITIONS
1.1. In this offer, the terms below have the following meanings:
– "Public Offer" (hereinafter – "Offer") – a public proposal by the Seller, addressed to an indefinite number of persons, to enter into a contract for the sale of goods remotely (hereinafter – "Agreement") with the Seller on the terms contained in this Offer;
– "Order" – the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment;
– "Goods" – women's clothing;
– "Seller" – an individual entrepreneur who, for a corresponding fee, sells Goods presented in the online store to the Buyer. In the context of this Agreement, the Seller is individual entrepreneur Solopikhina Iryna Ivanivna (RNOKPP: 2378120229)
has the following details:
Ukraine, Kharkiv, Sumska str. 69
IBAN – UA233052990000026007005918104
JSC CB 'PRIVATBANK'
– "Buyer" – an individual, legal entity, or individual entrepreneur who orders and pays for Goods with monetary funds and is the recipient of the goods;
– "Third-party carrier" – a legal entity that delivers Goods from the Seller to the Buyer;
– "Online Store" – a means for selling Goods by means of electronic transaction;
– "Acceptance" – agreement to accept the terms contained in the offer to enter into a contract.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to accept and pay for the Goods on the terms defined in this Agreement.
2.2. In accordance with the terms of this Public Offer Agreement, 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 simulated agreement or an agreement concluded under duress 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 necessary for the Seller to fulfill the order, namely:
- Full name of the Buyer, 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 address 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 Seller has the right to refuse to confirm the Buyer's Order.
3.4. The name, quantity, and article number of the selected Goods are determined by the Buyer in the "cart" on the Seller's Online Store website.
3.5. By concluding this Agreement through placing an Order, the Buyer confirms that they are fully acquainted with and agree to its terms.
3.6. The composition of the goods and their general characteristics are specified in the Seller's Online Store.
4. ORDER DELIVERY
4.1. The transfer of Goods by the Seller to the Buyer occurs after the Buyer's 100% advance payment for the Goods is received into the Seller's current account.
4.2. The cost of delivery of the Goods from the Seller to the Buyer is paid by the Buyer, unless otherwise provided by the Seller and the Buyer.
4.3. The delivery cost depends on the current rates 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 is obliged, in the presence of the persons responsible for the delivery of the Goods, to check the conformity of the Goods with their quality and quantity characteristics.
4.6. At the Seller's discretion, the Goods may be received by the Buyer on self-pickup terms from the Seller's warehouse.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Seller undertakes to:
- comply with the terms of this Agreement;
- fulfill the Buyer's Order upon receipt of payment from the Buyer;
- transfer the Goods to the Buyer after receiving advance payment from the Buyer;
- verify the quality and quantity characteristics of the Goods before transferring them to the Buyer.
5.2. The Seller has the right to amend this Agreement unilaterally.
5.3. The Buyer undertakes to:
- timely pay for and receive the Order under the terms of this Agreement;
- familiarize themselves with the information about the Goods placed in the Seller's Online Store;
- upon receipt of the Goods, ensure the integrity and completeness of the Goods.
5.4. The Buyer has the right to:
- place an Order in the Seller's Online Store;
- demand from the Seller the fulfillment of the terms of this Agreement.
6. COST AND PAYMENT PROCEDURE FOR 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% advance payment to the following bank details:
IBAN – UA233052990000026007005918104
6.3. Bank commissions related to the payment for the Goods are paid by the Buyer.
6.4. Prices for Goods may be changed by the Seller unilaterally, depending on market conditions.
7. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
7.1. The parties are responsible for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and current legislation of Ukraine.
7.2. In case of disputes, the Parties shall resolve them through negotiations.
7.3. All disputes, disagreements, or claims are subject to resolution in the relevant court in accordance with the current legislation of Ukraine.
8. TERMS OF RETURN OF GOODS
8.1. The return of goods occurs in accordance with the terms of current legislation of Ukraine.
9. FORCE MAJEURE CIRCUMSTANCES
9.1. The Parties shall not be liable for the non-performance of any of their obligations, with the exception of obligations for the payment of Goods, if they prove that such non-performance was caused by force majeure circumstances, i.e., events or circumstances that are genuinely beyond the control of such Party. Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, wars, riots, carrier delays, embargoes, catastrophes, government restrictions.
10. OTHER TERMS OF THE AGREEMENT
10.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling their Order.
10.2. By accepting the Agreement, the Buyer voluntarily consents to the collection and processing of their personal data for the purpose of processing Orders, receiving information about Orders, sending advertising and special offers, information about promotions, and any other information about the activities of the Seller's online store.
10.3. The Buyer grants the right to process their personal data, including: placing the Buyer's personal data into the Seller's databases, lifelong storage, accumulation, updating, and modification thereof.
