PUBLIC OFFER AGREEMENT
or ordering and purchasing goods
This agreement between the Individual entrepreneur Sokolik Marina Petrivna, hereinafter referred to as the "Seller" and the user of the services of the website https://newsite.arp.kyiv.ua/, hereinafter referred to as the "Customer", is an agreement for the order and purchase of Goods and defines the terms of ordering and purchasing goods through the website https://newsite.arp.kyiv.ua/. The Customer accepts the terms of this contract for the sale of goods (hereinafter referred to as the “Agreement”) on the following terms.
1. MAIN CONCEPTS AND DEFINITIONS
1.1. Public offer (hereinafter referred to as the "Offer") is a proposal of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer.
1.2. Order - the Customer's decision to order and purchase goods, issued on the website and / or an order for the purchase of goods.
2. TERMS
2.1. The following information is an official proposal (offer) to the website https://newsite.arp.kyiv.ua/ and any individual and/or legal entity (hereinafter referred to as the Customer) to enter into a contract for the sale of Goods. This agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers.
2.2. In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this proposal(offer), which confirms the conclusion of the Agreement for the sale of Goods on the terms proposed below, is the fact of placing and confirming the order.
2.3 By placing the Order, the Customer confirms the agreement and unconditional acceptance of the terms of this proposal (offer).
2.4. By entering into the Agreement (i.e. by accepting the terms of this Offer by placing an Order), the Customer confirms the following:
- The Customer is fully and completely familiarized with and agrees to the terms of this proposal (offer);
- The customer grants permission for the collection, processing and transfer of personal data under the conditions specified below in this Offer and "Regulations on the processing and protection of personal data in personal data bases owned by the seller" regarding the collection, processing and transfer of 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;
- The Customer is notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents;
- The Customer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of personal data processing. The Customer knows and understands the scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection".
3. PRICE OF GOODS
3.1. The price for each item of the Goods is indicated on the website.
3.2. The Seller has the right to unilaterally change the price for any item of the Goods
3.3. In case of the price change for the ordered Goods, the Seller undertakes to inform the Customer about the change of the price for the ordered Goods.
3.4. The Customer has the right to confirm or cancel the Order for the purchase of the Goods if the Seller has changed the price after placing the Order.
3.5. Seller cannot change the price for the Goods paid by the Customer.
3.6. Customer shall pay the cost of delivery of the Goods separately at the rates of the relevant delivery service/carrier.
3.7. The Customer's obligations to pay for the Goods count as fulfilled when the Seller receive payment.
3.8. Settlements between the Seller and the Customer for the Goods resolved within the terms and methods specified on the website of the Online Store in the section "Payment, Delivery and Exchange".
4. ORDER PROCESSING
4.1 The order of the Goods is carried out by the Customer through the Operator by the contact numbers indicated in the "Contact Information" section or through the service of the website https://newsite.arp.kyiv.ua/.
4.2. When registering on the Website, the Customer undertakes to provide the following registration information:
4.2.1. surname, name and patronymic of the Customer or the person (recipient) indicated by him/her;
4.2.2. the address to which the Goods should be delivered (if delivered to the Customer's address);
4.2.3. e-mail address;
4.2.4. contact phone number.
4.3. The name, quantity, article, price of the Goods selected by the Customer indicated in the Customer's shopping cart on the Website.
4.4. If the Seller needs additional information, he has the right to request it from the Customer. In case of failure to provide the necessary information by the Customer, the Seller shall not be responsible for providing quality service to the Customer when purchasing goods on the website.
4.5. When placing an Order through the Operator (clause 4.1. of this Offer), the Customer undertake to provide the information specified in clause 4.2. of this Offer.
4.6. The Customer agrees to the terms of this Offer when the Customer entry relevant data into the registration form on the Internet site or when placing the Order through the Operator. After placing the Order through the Operator, the Customer's data shall registered in the Seller's database.
4.7. The Customer is responsible for the accuracy of the information provided when placing the Order.
4.8. The remote sale and purchase agreement between the Seller and the Customer shall be deemed concluded from the moment the order is placed electronically on the website service or the Seller issues a cash or sales receipt or other document confirming payment for the Goods to the Customer.
5. DELIVERY AND TRANSFERING GOODS TO THE CUSTOMER
5.1. The methods, procedure and terms of delivery of the Goods indicated on the website in the section "Payment, Delivery and Exchange". The Customer agrees the order and terms of delivery of the ordered Goods with the operator of the website at the time of placing the order.
5.2. Delivery of the Goods is carried out with the involvement of third parties (carrier).
5.3. Upon receipt of the Goods, the Customer shall check the compliance of the Goods with the qualitative and quantitative characteristics (name of the Goods, quantity, completeness), and in case of delivery of the Goods, the check must be carried out in the presence of a representative of the delivery service/carrier.
5.4. Upon acceptance of the Goods, the Customer or the Customer's Representative shall confirm with his/her signature in the sales receipt and/or the order for delivery of the Goods that he/she has no claims to the quantity of the Goods, appearance and completeness of the Goods.
6. WARRANTY PERIOD
6.1. The Seller guarantees the quality and reliability of the supplied Goods within 1 (one) calendar year from the date of receipt by the Customer, in the case Goods are used properly by the Customer.
6.2. In case of detection of manufacturing defects in the Goods upon acceptance, as well as during operation during the warranty period, the call of the Seller's representative is necessary.
6.3. The term for fixing defects or replacement of the Goods (replenishment) is carried out within 3 (three) working days from the moment the Seller's representative is called.
7. RETURN OF GOODS
7.1. The Customer has the right to return the Goods in the manner and under the conditions determined by the Law of Ukraine "On Protection of Consumer Rights" within 14 (fourteen) calendar days from the date of receipt.
7.2. The return of the Goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the fact of purchase and the terms of the order of the specified Goods preserved.
7.3. The Customer shall not be entitled to refuse the Goods of good quality with individually determined properties if exclusively the Consumer who purchased them (including non-standard sizes, at the request of the Customer, etc) can use these Goods. Confirmation that the Goods have individually defined properties is the difference in the size of the Goods and other characteristics indicated on the website.
7.4. Return of the goods, in cases provided for by law and this Offer, is made at the address indicated on the website in the "Contact Information" section.
7.5. If the Customer rejects the Goods of good quality, the Seller shall refund the funds for cost of such Goods. In case the return made by delivery, the Customer upon sending it shall pay the cost of delivery of such return.
8. RESPONSIBILITIES OF THE PARTIES
8.1. The Seller is not responsible for any damage caused to the Customer due to improper use of the Goods pre-ordered on the website and purchased from the Seller.
8.2. The Seller not liable for improper, untimely fulfillment of the Orders and his obligations if the Customer provides false or misleading information.
8.3. The Seller and the Customer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
8.4. The Seller is released from liability for full or partial failure to fulfill its obligations if the failure is the result of force majeure circumstances such as war or hostilities, earthquake, flood, fire and other natural disasters, etc. that arose independently of the Seller's will after the publication of this Offer. The Seller shall notify the Customer of the impossibility of fulfilling its obligations.
9. SELLER'S DETAILS
Individual entrepreneur
Sokolik Marina Petrivna
EDRPOU/DRFO 3023102721
IBAN: UA113052990000026000005022763
In JSC CB “PRIVATBANK”
BIN: 305299
IBAN: UA753220010000026006310083482
In JSC UNIVERSAL BANK
BIN: 322001
Registered address: 4 Volynska St., apartment 73, Kyiv, 03087, Ukraine
Single tax payer of group 2 - 20%
10. OTHER PRECAUTIONS
10. The text of the Agreement is drawn up in Ukrainian and English, it has the same meaning and equal legal force. In the case of a dispute between the English and Ukrainian versions of this Agreement, the Ukrainian version shall prevail.