PUBLIC CONTRACT (TEND)
PUBLIC AGREEMENT (OFFER) for the order and purchase and sale of goods (goods) This Agreement is an official and public offer of the Seller, Individual Entrepreneur Yastreb Valeria Vitaliivna, to conclude an Order Agreement, purchase and sale of goods (goods) presented on the website link to the website This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for goods (goods), delivering goods (goods), accepting goods (goods), returning goods (goods), as well as the terms and procedure for liability for an unscrupulous order and all other terms of the Agreement. The Agreement is considered concluded from the moment the Buyer clicks the "Complete Order" button on the Seller's website, as specified in this Agreement in clause 1.3, and receives an order confirmation from the Seller in electronic form.
1. Definition of terms
1.1. Public Agreement (hereinafter referred to as the "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude with the Seller an Agreement for the order and purchase and sale of Goods (goods) remotely (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer, which you are currently reading.
1.2. Product (goods) – the object of the agreement between the parties, which was selected and purchased by the Buyer on the website of the Online Store or selected and purchased by other means, as provided for in clause 3.1 of this Agreement.
1.3. Online store – the Seller's website at the link to the website created for the conclusion of retail and wholesale order and purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet on the Seller's website.
1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, sends an order to purchase the Product(s) to the Seller, which is presented in the Online Store.
1.5. Seller – FOP Yastreb Valeria Vitaliivna, registration number RNOKPP 3651106307.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods (goods) to the Buyer, and the Buyer undertakes to pay for and accept the Goods (goods) under the terms of this Agreement.
2.2. The date of conclusion of this Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of filling out by the Buyer the order form located in the Online Store or by other means specified in clause 3.1 of this Agreement, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be drawn up in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store /or by placing an order by phone number specified in the “Contacts” section of the Online Store and in the “Seller’s Information and Details” section of this Agreement /or by placing an order by e-mail specified in the Online Store /or by writing his order in a personal message on the Instagram social network to the Seller @factura.official.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicions about its validity.
3.3. When placing an order with the Seller or a person authorized by him (the Seller), the Buyer undertakes to provide the mandatory information necessary for the Seller to fulfill the order, which appears in the order form after clicking the (Buy) button in the Online Store. When placing an order by other methods specified in clause 3.1 of this Agreement, the Buyer undertakes to provide the mandatory information requested by the Seller.
3.4. The name, description, size, weight, material, price and other properties of the Goods selected by the Buyer are indicated in the Online Store next to the Goods.
3.5. If any of the Parties to the Agreement requires additional information, this Party has the right to request it from the other Party. In the event of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing the Goods in the Online Store or by other methods specified in clause 3.1 of this Agreement.
3.6. After placing an order, the Buyer's data is entered into the Seller's database, with which the Buyer agrees.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. By concluding the Agreement, i.e. emphasizing the terms of this offer (the proposed terms of purchase of the Goods or goods), by placing an order under this Agreement, the Buyer confirms the following: a) The Buyer is fully and completely familiar with, and agrees with the terms of this Agreement (offer) unconditionally and in full; b) The Buyer gives permission to collect, process and transfer personal data. The permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, as well as that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications from the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
4. Price and Delivery of the Product(s)
4.1 Prices for the Goods are determined by the Seller independently and are indicated in the Online Store. All current prices for the Goods are indicated in the Online Store in hryvnias.
4.2 Prices for the Goods may be changed unilaterally by the Seller depending on market conditions. However, the price of a single unit of Goods, the cost of which has been paid in full by the Buyer, may not be changed unilaterally by the Seller.
4.3. The price of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods (goods) to the Buyer. The Buyer pays the cost of delivering the Goods (goods) in accordance with the current tariffs of the delivery services (carriers) independently selected by the Buyer.
4.4. The price of the Goods indicated in the Online Store does not include the cost of delivering the Goods(s) to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivering the Goods(s) to the Buyer's address when the Buyer makes a relevant request to the Seller.
4.6. The Buyer's obligations to pay for the Goods (goods) are considered fulfilled from the moment the Seller receives funds to his account.
4.7. The Buyer shall pay for the Goods to the Seller by the methods specified in the Online Store or to the Seller's current account specified in the section "Seller's Information and Details".
4.8. Upon receipt of the Goods (goods), the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods (goods) with the qualitative and quantitative characteristics (product name, quantity, completeness, appearance, quality). Upon receipt of the Goods (goods) by the Buyer personally from the Seller (hand to hand), the Buyer must, in the presence of the Seller, check the conformity of the Goods (goods) with the qualitative and quantitative characteristics (product name, quantity, completeness, appearance, quality).
4.9. The Buyer or his representative, upon acceptance of the Goods (goods) or receipt of the Goods (goods) by the Buyer personally from the Seller (hand to hand), confirms with his signature in the goods receipt/ or in the order/ or in the transport invoice for the delivery of the goods/ or in another document certifying the receipt of the Goods (goods), that he has no claims to the Goods (goods), namely: the quantity of the Goods (goods), completeness, appearance and quality of the Goods (goods) received.
4.10. Ownership and the risk of accidental loss or damage to the Goods(s) shall pass to the Buyer or his Representative from the moment the Seller transfers the Goods(s) to the delivery service (carrier) selected by the Buyer, or the Buyer receives the Goods(s) personally from the Seller (hand to hand).
5. Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the Goods(s) to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right:
5.2.1. Change the terms of this Agreement, as well as the prices of the Goods, unilaterally by posting them in the Online Store. All changes shall come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1. Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller in the Online Store.
5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return goods of proper quality during receipt and fitting of the goods from the carrier, if the Buyer received the goods in the delivery service, this product is not subject to exchange and return, since all goods on the site are made by hand. The return of goods of proper quality is carried out if it was not used by the Buyer and there is no mechanical damage and if its presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued by the Seller or the delivery service (carrier) to the Buyer for payment for the Goods (goods) are preserved. The list of goods that are not subject to return is approved by the Cabinet of Ministers of Ukraine.
6.2. The Buyer shall be refunded the cost of the Goods (goods) of proper quality within 30 (thirty) calendar days from the date of receipt of such Goods (goods) by the Seller, provided that the requirements stipulated in clause 6.1. of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of the Product(s) upon return is made by bank transfer to the Buyer's account.
6.4. Consideration of requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides documents stipulated by the current legislation of Ukraine in the proper form and manner.
6.5. The Seller is not responsible for defects in the Goods (goods) that arose after their transfer to the Buyer due to the Buyer's violation of the rules for using or storing the Goods (goods) / or actions of third parties / or damage by the delivery service (carrier) / or due to accidental destruction / or due to force majeure.
6.6. The Buyer does not have the right to refuse the Goods (goods) of proper quality that have/have individually defined properties, if the specified Goods (goods) can/can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the Online Store.
6.7. Return of goods in cases provided for by law and this Agreement shall be carried out at the address specified by the Seller.
7. Responsibility
7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods (goods) / or due to the Buyer's allergy and/or intolerance to the material from which the Goods are made.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information, as well as due to force majeure circumstances, which the Seller warns about immediately upon learning of such circumstances.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire, other natural disasters, etc., which arose regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing their personal data when registering or placing an order on the website of the Online Store or in other ways specified in this Agreement, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection", without limiting the validity period of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible to the Seller for keeping his/her personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the outdated or inaccurate information about the Buyer.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the courts for resolution of the dispute in accordance with the current legislation of Ukraine and this Agreement.
9.3. The Seller has the right to make amendments to this Agreement unilaterally, as provided for in clause 5.2.1. of this Agreement. Amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
SELLER'S INFORMATION AND DETAILS:
Individual entrepreneur: Valeria Vitalievna Yastreb
Phone number:+380974978803
Bank institution: JSC UNIVERSAL BANK
Bank MFI: 322001
Payment recipient - FOP Yastreb Valeria Vitaliivna
IBAN: UA483220010000026004320034393
Account currency: hryvnia
Recipient's RNOKPP: 3651106307