CONTRACT OF PUBLIC OFFER
This contract, in which one party of FLP Adamenko N.A., (hereinafter referred to as the Seller), on the one hand, and any person who accepted (accepted) this offer (hereinafter referred to as the Buyer), on the other hand, hereinafter, the Parties, concluded this contract (hereinafter referred to as the Contract) addressed to an unlimited number of persons, which is the official public offer of the Seller, to conclude a sale and purchase contract with the Seller, the photos of which are posted in the corresponding section of the online store https://magiyarukodillya.com.ua.
TERMS OF AN AGREEMENT
This contract, in which one party of FLP Adamenko N.A., (hereinafter referred to as the Seller), on the one hand, and any person who accepted (accepted) this offer (hereinafter referred to as the Buyer), on the other hand, hereinafter, the Parties, concluded this contract (hereinafter referred to as the Contract) addressed to an unlimited circle of persons, which is the official public offer of the Seller, to conclude a sale and purchase agreement with the Seller, the photos of which are posted in the corresponding section of the online store https://magiyarukodillya.com.ua. The seller, who has the intention to sell the Products using the online store https://magiyarukodillya.com.ua and Buyers, when purchasing Products, the images of which are posted on the respective pages of the online store https://magiyarukodillya.com.ua, accept the conditions of this Agreement below.
1. GENERAL PROVISIONS
1.1 Contractual relationship between the Seller and the Buyer in the form of a public offer contract. Clicking on the Internet resource on the ordering page of the “ORDERING” button means that the buyer, regardless of status (physical person, legal entity, individual person - entrepreneur), according to the current legislation of Ukraine, accepted the conditions of the Public Offer Agreement are listed below.
1.2 The public offer contract is public, that is, according to Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur. In full agreement with this Agreement, the Buyer accepts the conditions and ordering, payment and delivery of the goods by the Seller, the responsibility for unfair Order and for non-compliance with the terms of this Agreement.
1.3 This Agreement enters into force from the moment you click on the “ORDERING” button, by which the Buyer agrees to purchase the Goods from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full settlement with it.
2. TERMS AND DEFINITIONS
“Public offer contract” is a public contract, an example of which is available in the online store https://magiyarukodillya.com.ua, and which is mandatory for the Seller, whose offers with images of the Goods are available in the online store https: // magiyarukodillya. com.ua, and sent to an indefinite circle of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the Seller’s offer to the purchase of the Goods, the images of which are posted on the online store https://magiyarukodillya.com.ua, by adding it to the virtual basket and sending the Order.
“Goods / Goods” is the item of trade (in particular cases, goods for needlework and creativity), about the purchase of which / in the online store https://magiyarukodillya.com.ua the Seller’s offer is posted.
“Buyer” is any legal person, legal entity, individual entrepreneur, in accordance with the current legislation of Ukraine, who visited https://magiyarukodillya.com.ua online store and have intentions to buy this or that Product.
“Seller” - FLP Adamenko N.A., which is the owner or distributor of the Goods and with the help of the online store https://magiyarukodillya.com.ua has the intention to sell it.
“Order” is the Buyer's order duly executed and placed in the online store https://magiyarukodillya.com.ua for the purchase of Products that are addressed to the Seller.
“Legislation” - the current legislation of Ukraine, which can be used for legal relations connected with the execution or which are left from the fulfillment of the duties described in this Agreement.
“A significant shortage of goods” is a defect that makes it impossible or unacceptable to use the goods accordingly to its intended purpose, it arose out of the fault of the manufacturer (Seller), after its elimination is manifested again in reasons independent of the consumer.
3.METTER OF CONTRACT
3.1 The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Internet shop https://magiyarukodillya.com.ua on the terms and in the manner specified by this Agreement, and the Buyer undertakes to buy goods and pay money for it.
3.2 The seller gives a guarantee that the goods are not transferred under outposts, is not a matter of dispute, does not stay under arrest.
3.3 The Seller and the Buyer confirm that the Contract in force is not a fictitious or imaginary contract or a contract concluded under the influence of pressure or fraud.
3.4 The seller confirms that he has all the necessary permits to carry out economic activities that regulate the sphere of legal relations, that arise and act in the process of execution of this Agreement, and also guarantees that he has the right to sell goods without any restrictions, in accordance with the requirements of effective legislation of Ukraine, and undertakes to bear responsibility in cases of violation of the rights of the Buyer in the process of execution of this Agreement and the implementation of the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1.The seller must:
- comply with the terms of this Agreement;
- execute the order of the Buyer in cases of receipt of payment from the Buyer;
- check the qualitative and quantitative characteristics of the goods during its packaging in the warehouse;
- transfer the Goods to the Buyer according to the selected example on the corresponding page of the online store https://magiyarukodillya.com.ua, issued by the Order and the terms of this Agreement.
4.2 Seller has the right to:
- unilaterally suspend the provision of services in accordance with this Agreement in the event of a violation by the Purchaser of the terms of this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. Buyer shall:
- read the information about the Product, which is posted on the Seller’s website;
- timely pay and receive an order under the terms of the Agreement;
- in case of cancellation of the Order - to notify the Seller with a letter at the electronic addresses from the section “Contacts” of the online store https://magiyarukodillya.com.ua;
- upon receipt of the Goods from the person who made the delivery, at the branch of the carrier company or when it is self-pickup from the "MAGIYA RUKODILLYA ", verify the integrity and completeness of the Goods by inspecting the contents of the package. In the event of damage or incomplete picking of the Product - to fix them in the act, which together with the buyer must sign the person who made its delivery to the Buyer, a representative of the carrier company or the manager of the shop "MAGIYA RUKODILLYA " during pickup.
5.2 Buyer has the right to:
- place an order on the corresponding page of the online store https://magiyarukodillya.com.ua;
- require the Seller to comply with the terms of this Agreement.
6.1 The Buyer shall make an order on the corresponding page of the online store https://magiyarukodillya.com.ua by adding the Products to the virtual basket by clicking the “Add to Cart” button, or by ordering via the e-mail specified in the “Contacts” section of the Internet - store https://magiyarukodillya.com.ua.
6.2. The term of placing the Order is up to 2 working days from the date of its execution In cases where the Order is sent on a weekend or a public holiday, the formation period starts from the first working day, after the weekend.
7. The procedure for determining the price of goods
7.1 Prices for goods online shop https://magiyarukodillya.com.ua is determined in accordance with the stream prices of the store in which the Buyer orders the goods.
7.2 Commodity prices may be lured according to market conditions. On the change in prices for certain positions will be announced ads in the online store https://magiyarukodillya.com.ua, with the specification of the date of price changes.
7.3 The Seller cannot change the price for a specific Buyer, if the Buyer has already accepted the conditions of the Seller and conducted in accordance with the invoice payment procedure established by this contract.
8. COST OF ORDER AND PAYMENT ORDER
8.1. The price of each individual Goods is determined by the Seller and indicated on the corresponding page of the online store shop https://magiyarukodillya.com.ua. The order price is determined by adding the prices of all selected Products that are in the virtual shopping cart.
8.2. The cost of the Order can be lured, depending on prices, quantity or product range.
8.3. The buyer can pay for the Order in the following ways:
1) using a bank transfer of money to the Seller’s card account at Privatbank, which is indicated in the Buyer’s provided account, incl. Using Privat24 Internet banking (the Buyer pays the Order within three business days from the date the invoice was received in the amount of 100% prepayment);
2) upon receipt of the order in the department of the selected company for the delivery of goods;
3) payment of the order in the shop "MAGIYA RUKODILLYA "with self-delivery, according to the invoice;
4) The buyer pays the commission interest for the services of the bank, the cost of delivery, as well as for the money transfer by the carrier.
9. TERMS OF DELIVERY
9.1 The buyer receives the goods through delivery, or receives it personally. The order of payment and receipt is indicated on the corresponding page of the online store https://magiyarukodillya.com.ua
9.2. Upon delivery of goods to other cities of Ukraine, which are performed by the delivery services of the company by carriers, the Buyer fully and unconditionally agrees with the Rules for the transport of goods by these companies carriers.
9.3. The fact of receipt of the goods and the absence of complaints about the quality of the goods that are delivered by the carriers, the Buyer confirms with his own signature in the consignment note, the declaration of the carrier company, or in the consignment note upon receipt of the goods. For its part, the Seller guarantees the shipment of goods to the company by the carrier in the quantity specified and paid for by the Buyer, in a complete set according to the specifics of this product and in proper condition and quality.
9.4 In the absence of the Buyer for the delivery address indicated by the Buyer in the application or the Buyer’s refusal to receive the Goods for unreasonable reasons, when the carrier delivers the courier to the company, the goods are returned to the shipment mall. The payment for the services of the carrier’s company is calculated from the amount transferred by the Buyer for the Goods. The balance of the bag (minus the payment for bank services) is returned to the Buyer on the basis of his letter sent for the email address indicated in the “Contacts” section of the online store https://magiyarukodillya.com.ua with the specified current account to which the cash balances should have returned means.
9.5. All questions that have arisen in the process of payment and receipt of the Goods, the Buyer can find out for contact information in the “Contacts” section of the online store https://magiyarukodillya.com.ua.
10. CONDITIONS OF PRODUCT RETURN
10.1. Upon receipt of the Goods at the carrier’s warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the package, then open it and immediately verify that the Goods are in good condition (no mechanical damage) and are complete.
10.2. In the case of at least one of the enumerated deficiencies, the Buyer is obliged to fix it in a free form completed statement. The act must be signed by the Buyer and the person who made the delivery of the Goods or Seller. If possible, the shortcomings should be fixed by means of photo or video.
10.3. During 1 (one) working day, the Buyer is obliged to inform the manager (the representative of the Seller responsible for placing the order) about the identification of deficiencies and agree on the replacement of the Goods, filling in the claim form for returning the Goods that the Buyer should ask the Seller for Section “Contacts” online store https://magiyarukodillya.com.ua.
10.4 The Parties agreed that in the event of the incontinence of the obligatory conditions of this procedure, the Buyer acknowledges the receipt of the Goods in proper condition - without any mechanical damage and in full.
11. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
11.1. The Parties are responsible for the failure or improper performance of the terms of this Agreement in the manner provided by this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.
11.2 In the event of any disputes arising from the execution by the Parties of this Agreement, with the exception of disputes arising from the collection of debts with the Buyer, the Parties undertake to solve them through negotiations in compliance with the complaint procedure. The term of consideration of the claim - 7 (sem) calendar days from the date of its receipt. In disputes relating to the recovery of debt from the Buyer, compliance with the claim procedure is not necessary.
11.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including with regard to its execution, violation, termination or invalidity, shall be resolved in the appropriate court according to the substantive and procedural law of Ukraine.
12.FORCE - MAJOR SITUATIONS
12.1. The Parties are not liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure circumstances, that is, events or circumstances that are really controlled by that Party, occurred after the conclusion of this Agreement, which are unforeseen and irreversible.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, freezing, wars (both announced and not announced), insurrections, loss of goods, carrier delays caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions that are established by government agencies (including distribution, priorities, official requirements, quotas and price controls), if these conditions directly affect the implementation of this Treaty.
12.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing of the occurrence of the above circumstances, and also provide the other Party with confirmation of the force majeure circumstances. This confirmation will be a certificate, certificate or other relevant document issued by an authorized state body at the scene of force majeure.
12.3. The time that the Parties need to fulfill their obligations under this Agreement will be extended to any term during which performance was delayed due to listed circumstances.
12.4. If, through the action of force majeure, non-performance of obligations under this Agreement lasts more than three months, each of the Parties has the right to unilaterally terminate this Agreement, informing the other party in writing.
Despite the occurrence of force majeure, before the termination of the Agreement as a result of Force Majeure circumstances, the Parties make final settlements.
13. OTHER TERMS OF THE AGREEMENT
13.1. Information that is given by the Buyer is confidential. Information about the Buyer is used solely for the purpose of ordering it (sending a message to the Buyer about the order of the Goods, sending advertising messages, etc.).
13.2. By accepting the Agreement or registering on the Internet shop https://magiyarukodillya.com.ua (filling in the registration form). including for the processing of orders for the purchase of goods, obtaining information about the order, sending telecommunications by means of communication (e-mail, mobile communication) promotional and special offers, information about shares x, sweepstakes or any other information on the activities of the Internet - https://magiyarukodillya.com.ua
For the purposes foreseen by this item, the Buyer has the right to send letters, messages and materials to the postal address, e-mail to the Buyer, as well as send sms - messages, make calls to the phone number indicated in the questionnaire.
13.3. The buyer grants the right to process his personal data, including: put personal data in databases (without additional notification about it), make lifelong data storage, their accumulation, updates, changes (if necessary).
The Seller 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 transferring data to related parties, commercial partners, persons authorized by the Seller to directly process data for specified purposes, as well as on mandatory request of the competent state authority).