The text below is a Public Offer Agreement (within the meaning of Articles 633 and 641 of the Civil Code of Ukraine) between a natural person entrepreneur Tkach Valery Ivanovich (hereinafter - the Seller) and a natural person (hereinafter - the Buyer), which includes all essential conditions for the organization of the purchase - the sale of the Goods remotely (i.e. through the Internet store). In the future, the Buyer and the Seller are collectively referred to as the Parties, and each individually as a Party.
1. GENERAL PROVISIONS
1.1. The terms of this Agreement determine the relationship between the Seller and the Buyer regarding the purchase of Goods through the Internet store website and are the same for all Buyers. 1.2. Legal relations under this Agreement are governed exclusively by the legislation of Ukraine, in particular the Law of Ukraine "On the Protection of Consumer Rights" No. 1023-XII of May 12, 1991, the Civil Code of Ukraine No. 435-IV of January 16, 2003, the Law of Ukraine "On Electronic Commerce" No. 675 -VIII from September 3, 2015.
2. TERMS AND DEFINITIONS
2.1. "Internet store" - a means for presenting or selling the Goods by making an electronic transaction, namely the site owned by the Seller and located at the address https://leomikao.ua (hereinafter - the Site), created for the conclusion of purchase and sale contracts on the basis of acquainting the Buyer with the Goods offered by the Seller in the photographs contained on the Site, as well as its characteristics, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods or with samples of the Goods.
2.2. "Goods" - items offered by the Seller for purchase in the online store, or already purchased by the Buyer from the Seller remotely.
2.3. "Seller" - FOP Valery Ivanovych Tkach
2.4. "Buyer" - a natural person who has full legal capacity - a user of the Site, who intends to purchase the Goods and accepts the terms of this Agreement, i.e. a public offer of the Internet store, or is one who has already purchased the Goods;
2.5. "Order" - the result of reaching an agreement between the Buyer and the Seller regarding the type of the Product, its model, color, quantity, the total price to be paid under the Contract, the method of payment for the Product by the Buyer, the method of delivery of the Product and the term of the Contract.
2.6. "Application" is a written (electronic) expression of the Buyer's intention to purchase the Goods. It can be issued by:
2.6.1. using the special "Shopping Cart" menu on the Site;
2.6.2. selecting the "Make an order" and "Order confirmation" functions on the Site.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement. The text of the public offer contract (hereinafter - the Contract) is posted on the Website at the address: https://leomikao.ua/dogovor-en
3.2. The fact of placing the Order confirms that the Buyer accepts and agrees with all the terms of this Agreement. 3.3. The date of conclusion of the Agreement is the date of payment by the Buyer of the Goods on the Site or by bank transfer (according to the bank card number). The date of payment for the Goods is the date of funds being credited to the Seller's bank account through the payment service LiqPay, iPay.
4. ORDER PROCEDURE
4.1. The buyer places an Order in the online store on the Site by himself, choosing the method available on the Site, namely:
4.1.1. by using the special menu "Shopping cart" on the Site, adding the selected Product there;
4.1.2. by selecting the "Make an order" and "Order confirmation" functions on the Site.
4.2. The amount payable for the Order is displayed in the "Shopping Cart" menu on the Site.
4.3. When placing the Order, the Seller offers the Buyer to pay the price of the Goods on the Site using the payment service LiqPay, iPay or bank transfer (by bank card number).
4.4. The Seller has the right to receive any clarifications regarding the Order by making a call, sending a Viber message, to the phone number specified by the Buyer when placing the Order.
5. ORDER PAYMENT PROCEDURE
5.1. When placing the Order, the Buyer pays the full price of the Goods in favor of the Seller. 5.2. The Buyer pays for the Order with a Visa or MasterCard card of any bank using the payment service LiqPay, iPay or bank transfer (by bank card number).
6. TERM, COST AND TERMS OF DELIVERY OF GOODS
6.1. The delivery of the Goods is carried out throughout Ukraine, with the exception of the Republic of Crimea and the territories of ATO and other countries, exclusively on working days from Monday to Friday by such carrier companies as Nova Poshta, Ukrposhta, UPS, USPS.
6.2. When placing an Order, the Buyer has the opportunity to independently choose one of the proposed delivery methods.
6.3. The term of delivery of the Goods depends on the location of the Buyer and does not include weekends.
6.4. All the necessary information regarding the delivery of the Goods is indicated by the Buyer during the order registration on the Website, or when the order is clarified by the manager by phone.
6.5. The seller makes every effort to comply with the delivery dates indicated on the Company's websiteand which directly deliver the goods, however, delivery delays are possible due to unforeseen circumstances beyond the Seller's control (force majeure circumstances).
6.6. The cost of delivery of the Product depends on its weight and the current tariffs of the transport company-carrier and is paid separately by the Buyer. When placing the Order, the Buyer can specify the weight of the Goods from the Seller (Site manager).
6.7. The Seller is not responsible for customs taxes and duties that are paid when the Goods are imported into the territory of the Buyer's country, the amount of which depends on the weight of the Goods and the customs legislation of the Buyer's country.
7. OBLIGATIONS OF THE SELLER
The seller is obliged to:
7.1. Fulfill the terms of this Agreement.
7.2. Execute the Buyer's Order in case of acceptance of such Order and receipt of payment from the Buyer in the manner specified by this Agreement.
7.3. Deliver the Goods to the Buyer in accordance with the Order, subject to the Buyer's fulfillment of the terms of this Agreement.
7.4. Check the qualitative and quantitative characteristics of the Product during its packaging.
7.5. In the event that the Buyer receives poor-quality, defective Goods due to the Seller's fault, replace such Goods with a similar one.
8. OBLIGATIONS OF THE BUYER
8.1. Before placing the Order, the Buyer undertakes:
8.1.1. Familiarize yourself with information about the Product posted on the Site;
8.1.2. Familiarize yourself with and accept the terms of this Agreement or refuse to complete the Order if the terms of the Agreement are unacceptable to him;
8.2. After placing the Order, the Buyer undertakes:
8.2.1. Pay the price of the Goods in the amount of 100% (one hundred percent) of the amount of the Goods.
8.2.2. Upon receipt of the Goods, inspect it immediately, make sure that it is complete and conforms to the Order. In case of defects or damage to the Goods (hereinafter - defects), it is necessary to notify the Seller about them within 14 (fourteen) calendar days from the moment of receipt of such Goods.
9. PROCEDURE FOR RECEIPT AND RETURN OF GOODS
9.1. Upon receipt of the Product, the Buyer must verify its integrity and completeness by inspecting the contents of the packaging in which the Product is located.
9.2. In the case of discovering defects in the Goods, the Buyer shall notify the Seller's representative (the manager responsible for placing the Order for the Goods) within 14 (fourteen) calendar days from the moment of receipt of such Goods and agree on the replacement of the Goods. Identified defects of the Product must be recorded by means of photo or video recording.
9.3. The parties agreed that in the event of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any damage or defects.
9.4. In the event that defects are discovered, the Buyer may request the Seller to return the funds paid by him for the Goods, or to replace the Goods with a similar product of appropriate quality. At the same time, the Buyer should take into account that for the Goods produced by the Seller for the individual special order of the Buyer, funds are not returned.
9.5. In the event that due to discovered defects of the Goods, the Buyer wishes to return the funds paid for it, the Seller is obliged to return such funds within 30 (thirty) calendar days from the moment the Buyer expresses such a wish. After the Seller returns the funds for the Goods, the Buyer is obliged to send such Goods back to the Seller within 30 (thirty) calendar days from the moment the funds are returned to him.
10. RESPONSIBILITY OF THE PARTIES
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.
10.2. In the event that non-fulfillment or improper fulfillment of the terms of this Agreement by one of the Parties caused damage to the other Party, the guilty Party shall compensate the other Party for the documented damages in full.
10.3. Payment of a fine or penalty does not release the guilty Party from the performance of contractual obligations.
10.4. In the event of force majeure, the Parties are released from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unforeseeable nature, which exclude the possibility or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.5. The Party referring to force majeure must notify the other Party of the occurrence of such circumstances within 10 (ten) calendar days.
10.6. The party referring to the circumstance of force majeure must provide appropriate confirmation (a certificate issued by the Chamber of Commerce and Industry is sufficient confirmation of the existence and duration of force majeure).
11. OTHER TERMS
11.1. The online store reserves the right to unilaterally make changes to this Agreement with its prior publication on the website https://leomikao.ua/.
11.2. The online store was created to organize a remote method of selling Goods via the Internet.
11.3. The online store is not responsible for the content and truthfulness of the information ongiven by the Buyer when placing the Order.
11.4. The buyer bears personal responsibility for the accuracy of the information specified when placing the Order.
11.5. Full and unconditional acceptance of a valid public offer in accordance with Art. 642 of the Civil Code of Ukraine is the fact of payment of the amount of money by the Buyer of the Order placed in the online store.
11.6. The contract concluded by the Buyer through the acceptance of this public offer is legally valid in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to the contract signed by the Parties. Acceptance of a valid public offer means the Buyer's full agreement with the terms of this Agreement for the sale of Goods (public offer Internet -store).
11.7. The contract is concluded with the help of information and telecommunication systems and is considered to be concluded in writing.
11.8. The use of the Internet store resource to view the Product, as well as to place the Order, is free of charge for the Buyer.
11.9. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of the online store's operation.
11.10. By accepting the Agreement or completing the Application, the Buyer gives voluntary consent to the collection and processing of his own personal data for the following purpose: the data that become known to the Seller will be used for commercial purposes, including for processing Orders for the purchase of Goods, receiving information about the Order, sending by telecommunication means communication (by e-mail, mobile phone) of advertising and special offers, information about promotions or any other information about the activities of the online store. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the postal address , the Buyer's e-mail box.
11.11. The Buyer grants the Seller the right to process his personal data, including: to use personal data from the Buyer's database (without additional notice to the Buyer about this), to carry out lifelong data storage, their accumulation, update, change (as necessary). The Buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, as well as at the mandatory request of a competent state body).
11.12. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
11.13. The buyer confirms that he has been informed about the procedure and conditions for processing his personal data.
11.14. The Seller warns that the Products may differ slightly from their images in the online store.
11.15. This Agreement is an accession agreement in accordance with Art. 634. Central Committee of Ukraine.
11.16. Any claims can be sent to the address of the Seller.
12. TERM OF THE AGREEMENT AND PROCEDURE FOR ITS TERMINATION
12.1. This Agreement enters into force from the moment of acceptance by the Buyer (receipt of payment for the Goods from the Buyer to the Seller's account) and is valid until the Parties fully fulfill their obligations, except for cases of its early termination.
12.2. Before the expiration of this Agreement, it may be terminated by mutual consent of the Parties, executed in writing, except for the cases provided for in this Agreement.
13. RESOLUTION OF DISPUTES
13.1. Any disputes arising on the basis of or in connection with this Agreement shall be resolved by the Parties through negotiations.
13.2. If the Parties cannot reach an agreement on a disputed issue, such a dispute shall be resolved in court in accordance with the current legislation of Ukraine.