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CheckoutPUBLIC
OFFER AGREEMENT
for
the ordering, purchase, sale, and delivery of goods
This Agreement
is an agency agreement between the individual entrepreneur Nozhovnik, Larysa
Petrivna (owner of the online store "Textile Treasure Shop
"LARA"), hereinafter referred to as the "Seller," and the
user of the services of the website, hereinafter referred to as the
"Buyer." This agreement sets out the basic terms and conditions for
ordering, purchasing, and delivering goods through the website https://textiletreasureshop.com.
The Buyer, acting with the intention of purchasing goods, accepts the terms of
this purchase and sale agreement (hereinafter referred to as the
"Agreement") on the following terms.
1.
DEFINITIONS
1.1. Public offer (hereinafter -
"Offer") is a public proposal of the Seller addressed to an
indefinite circle of persons to conclude a remote sale and purchase agreement
(hereinafter - "Agreement") with the Seller on the terms contained in
this Offer, including all Appendices.
1.2. Order - is the decision of the
Customer to order the product and its delivery, placed in an online store or an
order for the purchase and delivery of goods.
2. GENERAL PROVISIONS
2.1. The
information below is an official proposal (offer) of the online store https://textiletreasureshop.com
for concluding a contract of sale of goods with any natural person (hereinafter
referred to as the "Buyer"). This contract is public, therefore, in
accordance with Article 633 of the Civil Code of Ukraine, its terms are the
same for all buyers.
2.2. In
accordance with Article 642 of the Civil Code of Ukraine, the full and
unconditional acceptance of the terms of this proposal (offer), which confirms
the conclusion of the contract of sale of goods on the terms proposed below, is
the fact of placing and confirming an order.
2.3. By placing
an order, the Buyer confirms their agreement and unconditional acceptance of
the terms of this proposal (offer).
2.4. When entering into the Agreement (i.e., confirming the terms of the Offer by placing an Order), the Buyer confirms the following:
2.4.1. They
have fully read and agree to the terms of this Offer;
2.4.2. They
give permission for the collection, processing, and transfer of their personal
data on the terms set out below in the Warning regarding the collection,
processing, and transfer of personal data. 2.4.3. The permission for processing
personal data is valid for the entire term of the Agreement and for an
indefinite period after its expiration;
2.4.4. They
have been informed (without additional notification) of their rights
established by the Law of Ukraine "On Personal Data Protection," the
purposes of data collection, and that their personal data is transferred to the
Seller for the purpose of fulfilling the terms of the Agreement, conducting
mutual settlements, obtaining invoices, acts, and other documents;
2.4.5. They
agree that the Seller has the right to provide access to and transfer their
personal data to third parties without any additional notification to the
Buyer, without changing the purpose of processing personal data;
2.4.6. They
fully understand the scope of their rights as a personal data subject in
accordance with the Law of Ukraine "On Personal Data Protection."
3. PRICE OF GOODS
3.1. The price for each item of Goods is
indicated on the website of the online store.
3.2. The Seller has the right to
unilaterally change the price for any item of Goods. All changes come into
effect from the moment of their publication.
3.3. In the event of a price change for the
already ordered Goods, the Seller undertakes to inform the Buyer about the
change in the price of the Goods.
3.4. The Buyer has the right to confirm or
cancel the Order for the purchase of the Goods if the price has been changed by
the Seller after the Order has been placed.
3.5. Changing the price of the Goods paid
for by the Buyer is prohibited.
3.6. The Seller indicates the cost of
delivery of the Goods on the website of the online store or informs the Buyer
about it when placing an order with the operator.
3.7. The Buyer's obligation to pay for the
Goods is considered fulfilled from the moment the funds are received by the
Seller.
3.8. Settlements between the Seller and the
Buyer for the Goods are made using the methods specified on the website of the
online store in the "Delivery, Payment, Return of Goods" section.
4. PLACING
AN ORDER
4.1. The
purchase of the Goods is made by the Buyer through the Operator by phone: +38
(093) 382-6246 or through the service of the website of the Internet store https://textiletreasureshop.com.
4.2. When
registering on the website of the Internet store, the Buyer undertakes to
provide the following registration information:
4.2.1. The surname and name of the Buyer or the person to whom the
Goods will be delivered;
4.2.2. The address to which the Goods should be delivered (if delivered
to the Buyer's address);
4.2.3. Email address (not a required field to fill out);
4.2.4. Contact phone number.
4.3. The name, quantity, SKU, and price of
the selected Goods by the Buyer are indicated in the Buyer's shopping cart on
the website of the Online Store.
4.4. If the Seller needs additional
information, they have the right to request it from the Buyer. In case the
necessary information is not provided by the Buyer, the Seller is not
responsible for providing quality service to the Buyer when purchasing goods in
the online store.
4.5. When placing an Order through the
Operator (clause 4.1. of this Offer), the Buyer undertakes to provide the
information specified in clause 4.2. of this Offer.
4.6. Acceptance of the terms of this Offer
by the Buyer is carried out by entering the corresponding data into the
registration form on the website of the Online Store or when placing an Order
through the Operator. After placing an Order through the Operator, the Buyer's
data is registered in the Seller's database.
4.7. The Buyer is responsible for the
accuracy of the information provided when placing an Order.
4.8. The remote purchase and sale agreement
between the Seller and the Buyer is considered concluded from the moment of
electronic registration of the order on the website of the online store service
or from the moment the Seller issues the Buyer a cash or commodity check or
other document confirming payment for the Goods.
5.
DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1. The methods, procedures, and terms of
delivery of goods are specified on the website in the "Delivery, Payment,
Return of Goods" section. The Buyer agrees on the procedure and conditions
of delivery of the ordered goods with the operator of the online store at the
time of purchase.
5.2. Self-pickup of goods:
5.2.1. After placing an order, the Buyer can
pay and pick up their goods at the address: 10A Mykhaila Stelmakha St., office
35, Kyiv, Ukraine, Mon-Fri from 8:30 am to 4:30 pm, Sat from 8:30 am to 12:30
pm.
5.2.2. The ownership rights and risk of
accidental loss or damage of the goods pass to the Customer or their Representative
upon receipt of the goods and signing of the sales receipt and/or order (and/or
power of attorney for purchase and delivery of goods) for delivery.
5.3. Delivery
of goods is carried out by the employees of the online store using their own
resources in accordance with the delivery terms or with the involvement of
third parties (a carrier).
5.4. Upon
receiving the goods, the Customer must check the compliance of the Goods with
the qualitative and quantitative characteristics (product name, quantity, completeness)
in the presence of a courier representative.
5.5. The
Customer or the Customer's representative, when accepting the goods, confirms
with their signature on the sales receipt and/or order for delivery of goods
that there are no complaints about the quantity, appearance, and completeness
of the goods.
RETURNS
6.1. The buyer has the right to refuse the
goods at any time before their transfer, and after the transfer of the goods,
in accordance with the procedure and conditions determined by the Law of
Ukraine "On Protection of Consumer Rights."
6.2. Return of goods of proper quality is
possible if their commercial appearance, consumer properties, as well as a
document confirming the fact of purchase and the conditions of the order of the
said goods are preserved.
6.3. The buyer has no right to refuse the
goods of proper quality that have individually determined properties if such
goods can be used exclusively by the consumer who purchased them (including
non-standard sizes and other options at the request of the buyer). Confirmation
that the goods have individually determined properties is the difference in the
size and other characteristics specified on the website of the online store.
6.4. The return of the goods in cases
provided by law and this contract is carried out at the address indicated on
the website in the section "Delivery, Payment, Return of Goods."
6.5. When the buyer refuses goods of proper
quality, the seller returns the funds in the amount of the cost of such goods,
except for the seller's expenses for delivering the returned goods.
6.6. The return of the amount specified in
clause 6.5 is carried out within 7 business days after the store receives the
returned goods.
7. LIABILITY OF THE PARTIES
7.1. The Seller shall not be liable for any
damages caused to the Buyer as a result of improper use of the Goods that were
previously ordered on the website https://textiletreasureshop.com and purchased from the
Seller.
7.2. The Seller shall not be liable for
improper or untimely execution of Orders and its obligations if the Buyer
provided inaccurate or erroneous information.
7.3. The Seller and the Buyer are
responsible for the performance of 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
released from liability for complete or partial non-performance of their
obligations if such non-performance is a result of force majeure circumstances,
such as war or military actions, earthquake, flood, fire, and other natural
disasters that occurred independently of the will of the Seller and/or the
Buyer after the conclusion of this agreement. The Party that cannot perform its
obligations must immediately notify the other Party.
8.
CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
8.1. When registering or placing an order on
the website of the online store, the buyer voluntarily agrees to the
processing, use (including transmission) of their personal data, as well as the
performance of other actions provided by the Law of Ukraine "On Protection
of Personal Data", without limitation of the term of such consent.
8.2. The seller undertakes not to disclose
the information received from the buyer. It is not considered a violation for
the seller to provide information to counterparties and third parties acting on
the basis of an agreement with the seller, including for the performance of
obligations to the buyer, as well as in cases where the disclosure of such information
is required by the current legislation of Ukraine.
8.3. The buyer is responsible for keeping
their personal data up to date. The seller is not responsible for the improper
performance or non-performance of their obligations due to outdated information
about the buyer or its inconsistency with reality.
9.
OTHER TERMS
9.1. This agreement is concluded on the
territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer
and the Seller shall be resolved through negotiations. In case of failure to
settle the disputed issue through negotiations, the Buyer and/or the Seller
have the right to apply to the court in accordance with the current legislation
of Ukraine.
9.3. The Seller may make changes to this
Agreement unilaterally if it is provided for by clause 3.2 of the Agreement.
Changes to the Agreement may also be made by mutual agreement of the Parties in
the manner provided for by the current legislation of Ukraine.
ADDRESS
AND PAYMENT DETAILS
Individual entrepreneur Larysa Petrivna
Nozhovnik
Online store "Textile Treasury "LARA"
10A Mykhaila Stelmakha Street, office 35,
Kyiv, Ukraine
Mobile phone: +38 067 734 8532
Payment details in PrivatBank:
Bank MFO: 305299
EDRPOU code: 2747701745
Recipient of payment: NOZHOVNIK, LARYSA
PETRIVNA
IBAN: UA513052990000026000046235597
Recipient's account number: 26000046235597
Recipient's taxpayer registration number:
2747701745