Public offer contract
According to this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter jointly named - the Parties, have entered into this Public Offer Agreement (hereinafter - the Agreement), addressed to an unlimited circle by an official public offer The Seller will conclude with the Buyers a contract of purchase and sale of Goods, the photos of which are placed in the appropriate section of the Website http://love-story.com.ua
Sellers who intend to sell Goods using the website http://love-story.com.ua and Buyers when purchasing Goods, the images of which are posted on the corresponding pages of http://love-story.com.ua, accept the present terms and conditions Agreement on the following.
TERMS
1.1. Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement. Clicking on the "PLACE ORDER" button on the http://love-story.com.ua website page in the relevant section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, having implemented the terms of the Public Offer Agreement, specified below
1.2. The public offer contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing with this Agreement, the Buyer accepts the terms and conditions of placing an order, payment and delivery of goods by the Seller, responsibility for an unscrupulous Order and non-fulfillment of the terms of this Agreement.
1.3. This Agreement enters into force from the moment the Buyer clicks on the "place an order" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full payment with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If the international treaty, the binding consent of which was given by the Verkhovna Rada of Ukraine, establishes different rules than those established by Ukrainian legislation, the rules of the international treaty shall be applied.
TERMS AND DEFINITIONS
"Public offer contract" - a public contract, a sample of which is posted on the website http://love-story.com.ua and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on The website http://love-story.com.ua is addressed to an unspecified number of persons, including Buyers.
"Acceptance" - - acceptance by the Buyer of the seller's offer to purchase the Product, the image of which is posted on the Website http://love-story.com.ua, by adding it to the virtual cart and sending the Order.
"Goods" - an item of trade (product, model, accessory, components and accompanying items, any other items of trade), the purchase of which is posted on the website http://love-story.com.ua by the seller.
"Buyer" - any capable natural person, legal entity, natural person-entrepreneur, in accordance with current international and Ukrainian legislation, who visited the website http://love-story.com.ua and intends to purchase one or another Product .
"Seller" - (Administrator) — Internet store "love-story.com.ua", located on the website: www.love-story.com.ua. The activity is carried out at the address of Bila Tserkva, str. Vyhovskyi Ivan building 16, apartment 32., FOP Kuchyna Valentyna Vasylivna TIN 2108707464, phone number +38 067 194 45 07. According to current international and Ukrainian legislation, who are the owners or distributors of the Goods and using the Website http:/ /love-story.com.ua intend to sell it.
"Order" - properly executed and placed on the Website - http://love-story.com.ua - the Buyer's application for the purchase of Goods addressed to the seller.
"Legislation" - norms established by Ukrainian or international legislation for the regulation of contractual relations under the Agreement.
"Significant defect of the Product" - a defect that makes it impossible or inadmissible to use the Product in accordance with its intended purpose, was caused by the fault of the manufacturer (Seller), after its elimination, appears again for reasons independent of the consumer.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes on the terms and in the manner specified in this Agreement to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website http://love-story.com.ua, and the Buyer undertakes on the terms and in the manner, specified in this Agreement, to buy the Goods and pay for them.
3.2. The Seller guarantees that the Goods have not been pledged, are not the subject of a dispute, are not under arrest, and there are no third-party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or pretend transaction or an agreement made under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits for the conduct of business activities that regulate the scope of legal relations that arise and operate in the process of executing this Agreement, and also guarantees that he has the right to manufacture and/or sell the goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of execution of this Agreement and sale of the Goods.4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged to:
• comply with the terms of this Agreement
• execute the Buyer's order in case of receipt of payment from the Buyer;
• hand over the Goods to the Buyer in accordance with the selected sample on the relevant page of the website http://love-story.com.ua, the completed order and the terms of this Agreement;
• check the quality and quantity characteristics of the Product during its packaging in the warehouse;
• inform the buyer about a possible additional fee when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this contract.
4.2. The seller has the right to:
• unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
4.3. Seller:
• Seller (Administrator) — online store "love-story.com.ua", located on the website: www.love-story.com.ua. The activity is carried out at the address of Bila Tserkva, str. Vyhovskyi Ivan, building 16, apartment 32., FOP Kuchyna Valentyna Vasylivna TIN 2108707464, phone number +38 067 194 45 07.
A business entity from among the persons offering to purchase on the website http://love-story.com.ua the Product according to the unified agreed rules set forth in this contract of public offer.*
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged to:
• timely pay and receive the order under the terms of this Agreement;
• familiarize yourself with the information about the Product posted on the website http://love-story.com.ua;
• upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incomplete completion of the Goods, record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
6.1. The buyer places an order independently on the corresponding page of the website http://love-story.com.ua by adding the Goods to the virtual basket by clicking the "Add to basket" button, or by placing an order by e-mail or by phone number specified in the contact section of the website http://love-story.com.ua
6.2. Term of formation
Orders placed before 1:00 p.m. are shipped on the day of the order, orders placed after 1:00 p.m. are shipped within 2 business days from the moment the order is placed. If the order is sent on a weekend or holiday, the term of formation begins on the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Website http://love-story.com.ua The Contract price is determined by adding up the prices of all the selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with under the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or product range.
7.3. The buyer can pay for the order in the following ways:
1) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country, according to the place of placing the order for the goods.
3) Credit card of the following type:
• Visa
• Visa Electron
• MasterCard
• Mastercard Electronic
• Maestro
4) in any other way as agreed with the Seller.
8.2. When delivering Goods to other cities of Ukraine or on the territory of another country, which is performed by other delivery services (hereinafter Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these carrier companies.
8.4. In case of absence of the Buyer at the delivery address specified by the Buyer in the application or refusal of the Buyer to receive the Goods for unjustified reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipping center. Payment for the services of the carrier company is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer to the card from which payment for the goods was made within 3 working days after receipt of the goods by the seller.
All questions that arose during the process of payment and receipt of the Goods can be clarified by the Buyer using the contact information in the Contacts section.
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9. TERMS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights", the Buyer has the right to exchange Goods of proper quality within fourteen days, except for the day of purchase, unless a longer period is announced by the Seller. The buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Product, such return is carried out in accordance with the "Returns" section of the Site, taking into account the rules and conditions of the carrier or courier operating in the territory of Ukraine or in the territory of another country according to the place of purchase of the Product.
9.3. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record them in a deed of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (Seller's representative responsible for placing the order for the Goods) by phone +3 8 067 194 45 07 about the detected defects and agree on the replacement of the Goods
10. RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
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 current international and Ukrainian legislation.
10.2. In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes about debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The claim review period is 7 (seven) calendar days from the date of its receipt. Compliance with the claims procedure is not required for disputes in connection with debt collection from the Buyer
10.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including in relation to its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The parties shall not be liable for non-fulfillment of any of their obligations, with the exception of payment obligations, if they prove that such non-fulfilment was caused by force majeure, that is, events or circumstances that are truly beyond the control of such party that occurred after the conclusion of this Agreement, are unpredictable and unavoidable.
Force majeure includes, 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, accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. The Party for which it became impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the aforementioned circumstances, and also provide the other Party with confirmation of the force majeure within 30 (thirty) calendar days. Such confirmation will be a reference, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required for the Parties to perform their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than three months, each Party has the right to unilaterally terminate this Agreement by notifying the other party in writing.
Despite the occurrence of force majeure, before terminating this Agreement as a result of force majeure, the Parties shall make final mutual settlements.
12. OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the fulfillment of his Order (sending a message to the seller about ordering the Goods, sending advertising messages, etc.).
12.2. By his own acceptance of the Agreement or registration on the website http://love-story.com.ua (filling in the registration form), the Buyer voluntarily consents to the collection and processing of his personal data for the following purpose: the data that become known will be used in commercial purposes, including for processing orders for the purchase of goods, receiving information about orders, sending by telecommunications means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about activities Website http://love-story.com.ua
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 application form.
12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, update, change (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 the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, and also at the mandatory request of the competent state body).
12.4. 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.
12.5. The Seller is not responsible for the content and authenticity of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing the order.
