PUBLIC OFFER AGREEMENT
Under this Agreement, 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 together - the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the "Agreement"), addressed to an unlimited number of persons, which are the official public offer of the Seller to conclude with the Buyers a contract for the sale of Goods, the photos of which are posted on the website: https://yarmich.com.ua/ (hereinafter referred to as the "Website", "Online Store", respectively).
The Seller who sells the Goods through the Online Store and the Buyers, when purchasing the Goods, the images of which are posted on the relevant pages of the Online Store, accept the terms of this Agreement.
1. GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is formalized through the Public Offer Agreement. Properly executed and placed with the help of the Online Store, a request for the purchase of the Products selected by him and clicking on the Website page https://yarmich.com.ua/ in the relevant section of the “Buy” button means that the Buyer has accepted the terms of the Public Offer Agreement.
1.2. The public offer agreement 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 status (individual, legal entity, individual entrepreneur). In full agreement with the Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unfair Order and failure to comply with the terms of this Agreement.
1.3. This Agreement comes into force from the moment you click on the “Buy” button, by which the Buyer agrees to make a purchase of the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and fully settles with him.
1.4. The conclusion of this public Agreement (the Buyer's acceptance of the Seller's offer) is considered the unconditional and full acceptance by the Buyer of all the terms of this public Agreement without exception, including the essential terms, as well as the entry into the relevant contractual legal relationship with the Seller
2. TERMS AND DEFINITION
"ACCEPTION" means the Buyer's full and unconditional consent to the Seller's offer to purchase the Goods, the image of which and information about which are posted on the Site, by adding it to the Cart and sending the Order;
"ORDER" means a properly completed and posted on the Site, the Buyer's application for the purchase of Goods, addressed to the Seller;
"SELLER" means INDIVIDUAL ENTREPRENEURSHIP YAROSLAV LEONIDOVYCH KUZMICH (EDRPOU 3494411899) or another legal entity / individual entrepreneur whose goods are posted on the Site;
"BUYER" means any capable person who, in the manner prescribed by this Agreement, at his own will, fully accepted (accepted) all its conditions without exception and purchased goods and / or services offered for sale and / or provided for sale through means of remote communication on the Site;
"CART" - a virtual place on the Site where the Goods are grouped when you click the "Buy" button for the purpose of subsequent ordering
"PRODUCT" or "PRODUCTS" means the product(s) offered for sale and/or made available for sale by means of remote communication on the Site;
3. SUBJECT OF THE CONTRACT
3.1. In the manner and conditions established by this Agreement, the Seller undertakes to transfer to the Buyer the last chosen Goods in accordance with the Order, and the Buyer undertakes to accept and pay for the Goods in the manner and on the terms established by this Agreement.
3.2. The ownership of the Goods passes to the Buyer at the moment of transfer of the Goods and upon full payment by the Buyer of the cost of the Goods in the manner and on the terms established by this Agreement.
3.3. The Buyer is obliged to independently familiarize himself with the terms of this Agreement and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement, except for publishing it on the Site.
3.4. The Seller reserves the right to unilaterally change this Agreement without any special notice to third parties. The new version of the Agreement comes into force from the moment it is posted on the Website, unless otherwise provided by the new version of the Agreement.
4. GOODS ORDER
4.1. The Buyer independently places an Order on the corresponding page of the Site by adding the Goods to the virtual basket by clicking the "Buy" button, or by placing an order by e-mail or by phone specified in the Contacts section of the Site.
4.2. The information provided on the site, namely illustrations, descriptions and characteristics are not exhaustive and may contain typographical errors.
4.3. In the absence of the Ordered Goods, the Seller is obliged to inform the Buyer of such information using the means of communication left by the Buyer when registering on the Site.
4.4. In the absence of the Ordered Goods, the Buyer has the right to replace it with a Goods of a similar model or cancel the Order by calling the phone number indicated in the "Contacts" section.
4.5. The Buyer agrees that the sales receipt, which will confirm the payment for the goods (services) purchased by him, will be sent to him by the Seller along with the Goods.
4.6. The Buyer agrees that if the Seller is obliged to issue a fiscal receipt, which will confirm the payment for the goods (services) purchased by him, then such a check will be sent to him by the Seller in electronic form - by e-mail specified by the Buyer when placing the Order.
4.7.. The term for the formation of the Order is up to 3 working days from the date of its execution. If the Order is sent on a non-working day, weekend or holiday, the formation period starts from the first working day on the non-working day, weekend or holiday.
5. RIGHTS AND OBLIGATIONS OF THE SELLER
5.1. The seller must:
- provide the Buyer with complete and reliable information about the Goods, as well as its cost by posting this information on the Site
- fulfill the Buyer's orders in case of receipt of payment from the Buyer;
- transfer the Goods to the Buyer according to the selected sample on the relevant page of the Site, completed by the Order and the terms of this Agreement;
- check the qualitative and quantitative characteristics of the Goods during its packaging before shipping;
5.2. The seller has the right to:
- require the Buyer to fulfill the obligations assigned to him in accordance with the terms of this Agreement;
- unilaterally suspend the performance of the obligation under this Agreement in case of violation by the Buyer of the terms of this Agreement, as well as modify or terminate this Agreement. Such a change or suspension of this Agreement does not apply to orders made prior to such changes and accepted for execution.
6. RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. Buyer must:
- provide the Seller with complete and reliable information about their data
- timely pay and receive orders under the terms of this Agreement;
- read the information about the Product posted on the Site
- 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 package. In case of detection of damage or incomplete packaging of the Goods, fix them in an act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer
- within the period stipulated by the current legislation of Ukraine and, in particular, the Law of Ukraine "On Protection of Consumer Rights" for the return of the Goods, keep the relevant payment document (receipt, sales receipt or cash receipt) confirming the sale of the Goods;
- fulfill other obligations stipulated by this Agreement and the current legislation of Ukraine.
6.2. The buyer has the right:
- place an order on the corresponding page of the Site;
- require the Seller to fulfill the terms of this Agreement;
- refuse to accept and pay for low-quality or incomplete Goods or Goods that do not correspond to the Order for this Good;
- to exercise other rights provided for by this Agreement and the current legislation of Ukraine.
7. CONTRACT PRICE. PROCEDURE FOR GOODS PAYMENT
7.1. The price of the Goods is indicated on the Site in the national currency of Ukraine (hryvnia) per unit of the Goods according to the established price list of the Seller. The price of the Agreement is determined by adding the prices of all selected Goods placed in the Shopping Cart and the delivery price, which is determined depending on the method of delivery in accordance with the terms of the Agreement.
7.2. The Seller reserves the right to change the price of the Goods until the Order is placed without notifying the Buyer.
7.3. The cost of the Order may vary depending on the price, quantity or nomenclature of the Goods.
7.4. Payment for the ordered Goods is made in accordance with the conditions specified on the Site in the "Delivery and payment" section.
7.5. Settlements between the Parties regarding the terms of this Agreement are carried out in the national currency of Ukraine in one of the following ways:
7.5.1. by transferring the appropriate amount of money by the Buyer to the Seller's settlement account in accordance with the bank details specified in the invoice for payment for the relevant Goods provided/sent to the Buyer by the Seller;
7.5.2. in cash to an authorized person of the Seller or a representative of the courier service upon receipt of the Goods;
7.5.3. by bank transfer on the website of the seller's online store
7.5.4. in any other way as agreed with the Seller.
7.6. Failure by the Buyer to fulfill its obligations to pay for the Goods ordered by him is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, entails the termination in full of all obligations of the Seller arising from the acceptance by the Buyer of the Seller's offer to conclude this Agreement.
8. DELIVERY OF GOODS. TRANSFER OF OWNERSHIP OF THE GOODS
8.1. Delivery of the order is carried out in accordance with the conditions specified on the Site in the "Delivery and payment" section.
8.2. If the Buyer ordered the Goods with delivery, the Seller undertakes, within the period specified in the corresponding automatic message about the processing of the Order, but in any case no later than 30 (thirty) calendar days from the date of the Buyer's conclusion of this Agreement, to deliver to the Buyer and hand over / transfer the ordered Goods in the place delivery of the Goods specified by the Buyer in the relevant Order.
8.3. Upon delivery of the Goods by the Seller, the Seller is responsible for the safety of the Goods until it is transferred to the Buyer.
8.4. If the Goods are delivered by a courier service, the courier service is responsible for the safety of the Goods until it is handed over to the Buyer.
8.5. The Goods are handed over to the Buyer in a properly packed form.
8.6. Together with the Goods, the Seller transfers to the Buyer:
- one copy of the Goods Order form issued by the Seller;
- payment document (sales receipt or cash receipt) with a note on the date of sale (date of transfer) of the Goods;
8.7. If the Buyer is absent at the delivery address specified by the Buyer in the application or the Buyer refuses to receive the Goods for unreasonable reasons upon delivery, the Goods shall be returned to the Seller. Payment for delivery services in the event that the Seller engages a courier service is paid by the Buyer.
9. RETURN AND REPLACEMENT OF GOODS
9.1. The Buyer has the right, within the period established by the current legislation of Ukraine, to return the Goods of good quality, if the Goods did not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. The return of the Goods of good quality is possible within the time limits stipulated by the legislation of Ukraine, if the Goods have not been used, retained their presentation, consumer properties, seals, labels, and are also accompanied by documents issued along with the Goods upon purchase.
9.2. The return of the Goods must be made by the Buyer in the original packaging in which he received this Goods.
9.3. The return of the Goods, as well as the refund is made in accordance with the procedure and terms determined by the current legislation of Ukraine, this Agreement, and the information on the procedure for returning the goods indicated on the Website of the Seller's online store.
9.4 Return of the Goods in regions with delivery only by postal items is made using the appropriate courier service selected by the Seller.
9.5. The return of the Goods or the refund is carried out when the Buyer provides the representative of the Seller:
· passports of the Buyer of the Goods;
· documents confirming the purchase (cash receipt, invoice, payment terminal check, bank receipt with a note of payment) Returned goods;
9.5.1. The act of returning the goods and the application for the return of funds is drawn up in the form provided by the Seller to the Buyer for filling out. Refunds for the Goods are made exclusively by the method used by the Buyer when paying for it;
9.6. If at the time of the Buyer's request to the Seller with a request to exchange the Goods of proper quality for another similar Goods, the Goods necessary for the Buyer to exchange the Goods are not on sale in the online store, the Buyer has the right to terminate this Agreement in the manner prescribed by this Agreement;
9.7. In case of revealing significant shortcomings that have arisen through the fault of the manufacturer of the Goods, or falsification of the Goods, confirmed, if necessary, by the conclusion of an examination, the Buyer, in the manner and within the time limits established by law, has the right to demand from the Seller at his choice:
9.7.1. termination of the contract and refund of the amount paid for the Goods;
9.7.2. demand the replacement of the Goods with the same goods or with a similar one from among the goods available to the seller.
The Buyer's requirements are not subject to satisfaction if the Seller, on the basis of an expert opinion, proves that the defects of the Goods arose as a result of the Buyer's violation of the rules for using the Goods or the conditions for its storage or return conditions.
9.8. The Seller returns to the Buyer the cost of the returned Goods no later than 10 (ten) banking days from the date of receipt by the Seller of the Buyer's written application with all the accompanying documents of the returned Goods when filling in complete and correct data. The refund period for problematic (controversial) returns (non-compliance of the ordered on the Site, damage, inadequate quality, etc.) may differ from the above (for the period the Seller finds out the reasons for the damage, confirms the non-compliance, etc.).
10. RESPONSIBILITIES OF THE PARTIES
10.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with this Agreement and the current legislation of Ukraine.
10.2. The seller is not responsible for the actions of third parties.
10.3. The Seller does not store information about the Buyer's bank details, which means that the Seller is not responsible for their distribution.
10.4. Any complaint or claim of the buyer must be made in writing. The Seller will take all necessary measures to satisfy the Buyer's complaint/claim, if such complaint/claim is substantiated and executed in accordance with the current legislation of Ukraine.
10.5. All disputes, disagreements or claims arising from this Agreement or in connection with it, including those relating to its execution, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with the substantive and procedural law of Ukraine, subject to the conditions jurisdiction and jurisdiction.
11. CONFIDENTIALITY. PROTECTION OF PERSONAL INFORMATION
11.1. Any information contained in this Agreement and received by the Parties in the course of its implementation is confidential and is not disclosed to third parties without the written consent of the other Party, except in cases that do not require written consent to this from the other Party, namely if such disclosure is carried out in pursuance of this Agreement or provided for by the legislation of Ukraine.
11.2. Upon acceptance of this Agreement, the Buyer provides his consent to the collection and processing of personal data in accordance with the Law of Ukraine dated June 01, 2010 No. 2297-VI "On the Protection of Personal Data".
11.3. Any information received from the Buyer will never and under no circumstances be provided to third parties, except as provided by the current legislation of Ukraine.
11.4. The information provided by the Buyer is used when processing the Order, as well as to provide the Buyer with the Seller's commercial offers.
11.5. In order to provide the Buyer with information about the Goods posted on the Website of the Online Store, the Seller may send informational messages to the Buyer's e-mail address specified during registration.
12. FORCE MAJEURE
12.1. The Parties are released from liability for untimely or improper performance of their obligations if such failure is the result of emergency circumstances, the occurrence of which is not related to the will of the Parties, such as hostilities, strikes, riots, accidents, natural disasters, quarantines, epidemics, restrictive anti-epidemic measures , changes in the legislation of Ukraine, as well as other circumstances of an emergency nature that arose after the conclusion of this Agreement and directly affect the fulfillment of the terms of this Agreement, which the Parties could neither foresee nor warn.
12.2. The Party for which it has become impossible to fulfill obligations due to the occurrence of force majeure circumstances must immediately inform the other Party in writing of the occurrence of the above circumstances.
13. FINAL PROVISIONS
13.1. Revocation or modification of the terms of the offer (offer) for the conclusion of this public Agreement, as well as changes in the terms of the Agreement may be carried out by the Seller at any time without additional notice to the Buyer.
13.2. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or violation of the Agreement, are governed by this Agreement and the relevant norms of the legislation in force in Ukraine , as well as the business customs applicable to such legal relations based on the principles of good faith, reasonableness and fairness.
13.3. This Agreement is drawn up with full understanding by the Parties of its terms and terminology in Ukrainian.