Public offer agreement
PUBLIC OFFER AGREEMENT
- GENERAL PROVISIONS
1.1. This Public Offer is an official offer of the online store besarabian.com.ua (hereinafter referred to as the "Seller") to conclude an Agreement for the sale of goods remotely, that is, through the Internet store (hereinafter referred to as the "Agreement").
1.2. This Public Offer (offer) is posted on the Seller's official website, access mode: http://besarabian.com.ua (hereinafter referred to as the "Site").
1.3. The Buyer is aware and unconditionally agrees that the fact of payment by him for the goods ordered from the Seller through the Site is evidence of the full and unconditional acceptance by the Buyer of all the terms of the Agreement.
- DEFINITIONS
2.1. In this offer, unless the contents imply otherwise, the following terms have the following meanings:
2.2. "Goods" - things presented in the online store for sale;
2.3. "Internet store" - in accordance with the Law of Ukraine "On Electronic Commerce" - a means for presenting or selling a product, work or service by making an electronic transaction. This tool is hosted on the website besarabian.com.ua;
2.4. "Seller" - a company that sells goods presented on the website;
2.5. "Buyer" - an individual who has entered into an Agreement with the Seller on the terms set forth below;
2.6. "Order" - selection of individual items from the list of goods specified by the Buyer when placing an order and making payment;
- SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
3.2. This Agreement governs the purchase and sale of Goods in the online store, including:
3.2.1. voluntary choice by the Buyer of the Goods in the online store;
3.2.2. independent registration by the Buyer of the Order in the online store;
3.2.3. payment by the Buyer of the Order placed in the online store;
3.2.4. processing and delivery of the Order to the Buyer in the property on the terms of this Agreement.
- HOW TO ORDER
4.1. The buyer has the right to place an order for any product that is available and presented on the Website of the online store.
4.2. The manager of the Seller informs the Buyer about the absence of the Goods in the warehouse by phone or via e-mail.
4.3. In the absence of the Goods, the Buyer has the right to: replace it with a Good of a similar model or refuse this Good or cancel the order.
- ORDER PAYMENT PROCEDURE
5.1. Payment is made by the Buyer after placing the order by transferring funds to the card or to the account of the Seller
5.2. In case of non-receipt of funds, the Online Store reserves the right to cancel the Order.
- TERMS OF ORDER DELIVERY
6.1. Delivery of the Goods purchased in the online store is carried out to the warehouse of the transport company selected by the Buyer.
6.2. The cost of delivery is not included in the price of the Goods and is subject to self-payment by the Buyer.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The seller is obliged:
7.1.1. transfer the ownership of the Goods selected and paid according to the Application to the Buyer;
7.1.2. at the request of the Buyer, provide the latter with information about the Goods provided for by consumer protection legislation;
7.1.3. inform the Buyers about the presence or absence of the Goods in the warehouse.
7.2. The seller has the right:
7.2.1. unilaterally terminate the supply of the Goods under this Agreement in case of violation by the Buyer of its terms;
7.2.2. unilaterally amend this Agreement.
7.3. The buyer is obliged:
7.3.1. timely pay for the Order and receive the Goods on the terms of this Agreement.
7.4. The buyer has the right:
7.4.1. place an order in the online store;
7.4.2. draw up an electronic contract;
7.4.3. require the Seller to fulfill the terms of this Agreement;
7.4.4. receive information about the Goods provided for by consumer protection legislation;
7.4.5. be informed about the presence or absence of the Goods in the warehouse.
- RESPONSIBILITY OF THE PARTIES
8.1. The Parties are responsible 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.
8.2. The seller is not responsible for:
8.2.1. change by the manufacturer of the appearance of the Goods;
8.2.2. for a slight deviation in the organoleptic properties of products due to manual production of products and dependence on weather and other conditions beyond the control of the seller);
8.2.3. for the content and accuracy of the information provided by the Buyer when placing an order;
8.2.4. for delays and interruptions in the provision of services (order processing and delivery of goods) that occur through no fault of the Seller;
8.2.5. for illegal, illegal actions of the Buyer committed using access to the Internet;
8.2.6. for the transfer by the Buyer of their network identifiers - IP, MAC address, login and password to third parties;
8.2.7. for illegal actions of third parties;
8.2.8. in case of force majeure circumstances.
8.3. The Buyer, using the access to the Internet provided to him, is independently responsible for the harm caused by his actions (personally, even if another person was under his login) to the Seller and / or third parties, or their property, to the state.
8.4. In the event of the occurrence of force majeure circumstances, the Parties are exempted from fulfilling the terms of this Agreement. For the purposes of this agreement, force majeure means events of an extraordinary, unforeseen nature that preclude or objectively interfere with the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The Parties shall make every effort to resolve any differences solely through negotiations.
- OTHER TERMS
9.1. The online store reserves the right to unilaterally amend this Agreement, subject to its publication on the Site.
9.2. The buyer is responsible for the accuracy of the information specified when placing an order information. At the same time, when making an acceptance (placement of the Order and subsequent payment for the Goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine "On the Protection of Personal Data".
9.3. The actual date of the electronic agreement between the Parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce".
9.4. Using the resource of the online store to view the Goods, as well as to place an order for the Buyer is free. The Seller is not responsible and does not reimburse the fee paid by the Buyer for using access to the worldwide Internet provided by its Internet provider or telecom operator;
9.5. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of fulfilling this Agreement (processing the Order, communicating with the Buyer, delivering the Goods, making mutual settlements, considering complaints and suggestions, etc.).
9.6. The online store on the Site reserves the right, in accordance with the legislation of Ukraine, to grant the right to use the Internet platform to individual entrepreneurs and legal entities for the sale of the Goods.
- PROCEDURE FOR RETURNING GOODS OF GOOD QUALITY
10.1. The return of goods to the online store is carried out in accordance with the current legislation of Ukraine.
10.2. The buyer has the right to return the Goods of good quality within 14 (fourteen) days, not counting the day of purchase.
10.3. The return of the Goods of good quality is carried out if it has not been used and its presentation, consumer properties are preserved.
10.4. Return of goods to the online store is carried out at the expense of the Buyer.
10.5. When the Buyer returns the goods of good quality, the online store returns to him the amount of money paid for the goods upon the return of the goods, minus compensation for the costs of the online store associated with the delivery of the goods to the Buyer.
- TIME OF CONCLUSION OF THE AGREEMENT AND ITS TERM
11.1. An electronic agreement is considered concluded from the moment the person who sent the offer to conclude such an agreement receives a response on the acceptance of this offer in the manner specified in Part 6 of Art. 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Before the expiration of this Agreement, it may be terminated by mutual agreement of the Parties until the actual delivery of the goods, by returning the funds.
11.3. The Parties have the right to terminate this Agreement unilaterally, if one of the Parties fails to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine. Please note that the online store on the official website besarabian.com.ua has the right, in accordance with the legislation of Ukraine, to provide the right to use the Internet.
