PUBLIC OFFER AGREEMENT
The online store located at the domain name https://irinazhmurenko.com, represented by Irina Zhmurenko (hereinafter referred to as the "Seller"), on the one hand,
and
an individual who has placed an order in the Seller's online store and thereby accepted (agreed to) the terms of this Agreement (hereinafter referred to as the "Buyer"), on the other hand,
hereinafter collectively referred to as the "Parties" and individually as a "Party," following the provisions of the current legislation of Ukraine, have concluded this Public Offer Agreement (hereinafter referred to as the "Agreement") as follows.
TERMS AND DEFINITIONS
"Public Offer Agreement" is a public offer by the Seller, addressed to an indefinite number of persons, to conclude a sales contract for goods remotely (hereinafter referred to as the "Agreement") under the conditions contained in this Offer, including all appendices. "Acceptance" is the Buyer's full and unconditional consent to conclude this Agreement in full without the signature of a written version of the Agreement by the Parties.
"Order" refers to the items selected by the Buyer from the Seller's product catalog (hereinafter referred to as "Products" or "Goods"), offered for sale when placing an order on the website of the online store, indicating the characteristics of the goods and making the payment.
1. SUBJECT OF THE AGREEMENT
1.1. According to the terms of this Agreement, the Buyer places an order and pays for the goods from the Seller, and the Seller undertakes to transfer the Goods to the Buyer's ownership.
1.2. The Agreement is legally binding under Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by the Parties.
1.3. If the Buyer disagrees with the terms of the Agreement, they have the right not to enter into this Agreement and not to place an order in the Seller's online store.
1.4. The online store is intended for the organization of remote sales of goods presented in the catalog through the Internet. The online store does not require the Buyer to perform special actions to use the online store's resource for viewing the goods, calculating, and placing an order, such as registration or entering into a contract for using the online store's resource.
1.5. Upon acceptance of the offer, i.e., payment for the self-placed order in the online store, the Buyer receives ownership of the goods under the terms of the sales contract.
2. GENERAL PROVISIONS
2.1. Placing an order on the online store website signifies that the Buyer agrees to all the terms of this Offer.
2.2. The administration of the online store website has the right to make changes to the Offer without notifying the Buyer.
2.3. The validity period of the Offer is unlimited unless otherwise specified on the online store website.
3. SELLER'S SERVICES COST
3.1. The price for each product is indicated on the online store website.
3.2. The Seller has the right to unilaterally change the price of any product.
3.3. In the case of a price change for the ordered product, the Seller agrees to inform the Buyer about the price change within one day.
3.4. The Buyer has the right to confirm or cancel the order if the price has been changed by the Seller after the order was placed.
3.5. The Seller is not allowed to change the price for an already paid order.
3.6. The Buyer pays 100% of the total order amount in advance. The Buyer's payment obligation is considered fulfilled once the Seller receives the funds.
3.7. Transactions between the Seller and the Buyer for the goods are carried out using the payment methods specified on the online store website when placing the order.
4. ORDER PROCESSING
4.1. The order of goods is made by the Buyer through the online store website service at https://irinazhmurenko.com.
4.2. When placing an order on the online store website, the Buyer must provide the following information:
4.2.1. Buyer's name or the recipient's name as specified by the Buyer;
4.2.2. Delivery method;
4.2.3. Email address;
4.2.4. Contact phone number;
4.2.5. Payment method.
4.3. The name, quantity, characteristics, and total cost of the selected offer by the Buyer are indicated in the shopping cart on the online store website.
4.4. If the Buyer needs additional information, they have the right to request it from the Seller.
4.5. The moment of the Buyer's full and unconditional acceptance of the Seller's offer (acceptance) to conclude an electronic sales contract for goods is the fact of the Buyer's payment for the order under the terms of this Agreement, within the time frames and at the prices specified on the Seller's website.
4.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
5. DELIVERY AND TRANSFER OF GOODS
5.1. The Buyer specifies the method and place of delivery of the Goods when placing the order for the purchase of goods.
5.2. The delivery period of the Goods to the Buyer consists of the manufacturing period (in case the goods are not in stock) and the delivery period.
5.3. The Buyer confirms the receipt of the Goods and the absence of claims regarding the quality of the goods delivered by courier companies by signing the express invoice, the carrier's declaration, or the delivery note when receiving the Goods.
5.4. Ownership of the goods is transferred to the Buyer from the moment of their transfer to the representative of the carrier company.
6. LIABILITY OF THE PARTIES
6.1. The Parties are responsible for non-compliance with the terms of this Agreement following the current legislation of Ukraine.
6.2. The Buyer has the right to refuse the received Goods of inadequate quality or demand the replacement of the goods with goods of proper quality within fourteen days from the date of receipt of the Goods, provided the goods' presentation and consumer qualities are preserved, by sending a claim to the Seller.
6.3. The Buyer agrees that the purchased goods are non-exchangeable and non-returnable if they belong to the list of goods specified in the Cabinet of Ministers of Ukraine Resolution No. 172 of March 19, 1994, which can be viewed via the link: https://zakon.rada.gov.ua/laws/show/172-94-%D0%BF.
7. FORCE MAJEURE
7.1. The Parties are released from liability for partial or complete non-performance or improper performance of obligations under the Agreement if they result from force majeure circumstances (fire, flood, earthquake, natural disaster, military actions, and other force majeure circumstances), and if these circumstances directly affected the performance of the Agreement, the performance is extended for the period during which these circumstances were in effect.
7.2. If force majeure circumstances last for more than three months, either Party will have the right to refuse further performance of the Agreement, and in this case, the Agreement is considered terminated if the Parties agree on the legal consequences under the terms of this Agreement.
7.3. The Party unable to fulfill its obligations under the Agreement must notify the other Party in writing no later than five working days about the occurrence of force majeure, suspension of its obligations, along with a proposed plan to resolve mutual obligations.
7.4. The existence of force majeure circumstances must be confirmed by the necessary documents from the Chamber of Commerce or another authorized body of Ukraine.
7.5. Failure to notify or late notification of force majeure circumstances deprives the Party of the right to invoke them.
8. CONFIDENTIALITY
8.1. All information related to the conclusion and performance of this Agreement is confidential. Information that the Parties officially disclose in accordance with the current legislation is not considered confidential.
8.2. During the validity of the Agreement and after its termination, the Parties must not disclose to third parties or in any other way disclose confidential information obtained as a result of the performance of this Agreement.
8.3. For disclosure of confidential information, the guilty Party is responsible according to the current legislation and also undertakes to compensate for any losses incurred as a result.
9. DISPUTE RESOLUTION
9.1. All disagreements and disputes related to the performance of the terms of this Agreement shall be resolved by the Parties through negotiations.
9.2. If the Parties are unable to reach mutual agreement through negotiations, or if one of the Parties refuses to conduct negotiations, the dispute will be referred to the court in accordance with the procedure established by Ukrainian law.
10. DURATION OF THE AGREEMENT
10.1. The Agreement enters into force from the moment the Order is placed on the website https://irinazhmurenko.com and remains valid until the Parties have fully fulfilled their obligations.
10.2. The Agreement may be terminated before its expiration with the mutual consent of the Parties and in other cases provided by Ukrainian law.
11. FINAL PROVISIONS
11.1. The Seller independently determines the terms of this Agreement and its appendices, which are an integral part of it, in accordance with and in fulfillment of the requirements of the current legislation of Ukraine. The Seller has the right to unilaterally change and/or supplement the terms of this public Agreement and its appendices. The Seller guarantees and confirms that the current version of the text of this Agreement and its appendices, posted on the Seller's website, is valid.
11.2. When fulfilling this Agreement, the Parties are guided by the terms of the Agreement and the current legislation of Ukraine.
11.3. The Agreement is a public offer agreement in accordance with the Civil Code of Ukraine, published on the Seller's website https://irinazhmurenko.com in electronic form.
11.4. By accepting the Agreement, the Buyer voluntarily consents to the collection and processing of their personal data for the following purposes: the data collected will be used for commercial purposes, including receiving information about the order and processing information related to it, sending promotional and special offers, information about promotions, or any other information about the activities of the Website https://irinazhmurenko.com via telecommunication means (email, mobile communication). If the Buyer does not wish to receive information about the activities of the Website https://irinazhmurenko.com, they have the right to contact the Seller by submitting a request to opt out of receiving promotional materials, sending it to the Seller’s postal or email address.
11.5. Each Party guarantees to the other Party that it possesses the necessary legal capacity, as well as all rights and powers necessary and sufficient to enter into and execute this Agreement in accordance with its terms.
12. DETAILS OF THE PARTIES
Seller:
Sole Proprietor Zhmurenko I.G.
Ukraine, Dnipro
Taxpayer Registration Number 2764610501
and
an individual who has placed an order in the Seller's online store and thereby accepted (agreed to) the terms of this Agreement (hereinafter referred to as the "Buyer"), on the other hand,
hereinafter collectively referred to as the "Parties" and individually as a "Party," following the provisions of the current legislation of Ukraine, have concluded this Public Offer Agreement (hereinafter referred to as the "Agreement") as follows.
TERMS AND DEFINITIONS
"Public Offer Agreement" is a public offer by the Seller, addressed to an indefinite number of persons, to conclude a sales contract for goods remotely (hereinafter referred to as the "Agreement") under the conditions contained in this Offer, including all appendices. "Acceptance" is the Buyer's full and unconditional consent to conclude this Agreement in full without the signature of a written version of the Agreement by the Parties.
"Order" refers to the items selected by the Buyer from the Seller's product catalog (hereinafter referred to as "Products" or "Goods"), offered for sale when placing an order on the website of the online store, indicating the characteristics of the goods and making the payment.
1. SUBJECT OF THE AGREEMENT
1.1. According to the terms of this Agreement, the Buyer places an order and pays for the goods from the Seller, and the Seller undertakes to transfer the Goods to the Buyer's ownership.
1.2. The Agreement is legally binding under Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by the Parties.
1.3. If the Buyer disagrees with the terms of the Agreement, they have the right not to enter into this Agreement and not to place an order in the Seller's online store.
1.4. The online store is intended for the organization of remote sales of goods presented in the catalog through the Internet. The online store does not require the Buyer to perform special actions to use the online store's resource for viewing the goods, calculating, and placing an order, such as registration or entering into a contract for using the online store's resource.
1.5. Upon acceptance of the offer, i.e., payment for the self-placed order in the online store, the Buyer receives ownership of the goods under the terms of the sales contract.
2. GENERAL PROVISIONS
2.1. Placing an order on the online store website signifies that the Buyer agrees to all the terms of this Offer.
2.2. The administration of the online store website has the right to make changes to the Offer without notifying the Buyer.
2.3. The validity period of the Offer is unlimited unless otherwise specified on the online store website.
3. SELLER'S SERVICES COST
3.1. The price for each product is indicated on the online store website.
3.2. The Seller has the right to unilaterally change the price of any product.
3.3. In the case of a price change for the ordered product, the Seller agrees to inform the Buyer about the price change within one day.
3.4. The Buyer has the right to confirm or cancel the order if the price has been changed by the Seller after the order was placed.
3.5. The Seller is not allowed to change the price for an already paid order.
3.6. The Buyer pays 100% of the total order amount in advance. The Buyer's payment obligation is considered fulfilled once the Seller receives the funds.
3.7. Transactions between the Seller and the Buyer for the goods are carried out using the payment methods specified on the online store website when placing the order.
4. ORDER PROCESSING
4.1. The order of goods is made by the Buyer through the online store website service at https://irinazhmurenko.com.
4.2. When placing an order on the online store website, the Buyer must provide the following information:
4.2.1. Buyer's name or the recipient's name as specified by the Buyer;
4.2.2. Delivery method;
4.2.3. Email address;
4.2.4. Contact phone number;
4.2.5. Payment method.
4.3. The name, quantity, characteristics, and total cost of the selected offer by the Buyer are indicated in the shopping cart on the online store website.
4.4. If the Buyer needs additional information, they have the right to request it from the Seller.
4.5. The moment of the Buyer's full and unconditional acceptance of the Seller's offer (acceptance) to conclude an electronic sales contract for goods is the fact of the Buyer's payment for the order under the terms of this Agreement, within the time frames and at the prices specified on the Seller's website.
4.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
5. DELIVERY AND TRANSFER OF GOODS
5.1. The Buyer specifies the method and place of delivery of the Goods when placing the order for the purchase of goods.
5.2. The delivery period of the Goods to the Buyer consists of the manufacturing period (in case the goods are not in stock) and the delivery period.
5.3. The Buyer confirms the receipt of the Goods and the absence of claims regarding the quality of the goods delivered by courier companies by signing the express invoice, the carrier's declaration, or the delivery note when receiving the Goods.
5.4. Ownership of the goods is transferred to the Buyer from the moment of their transfer to the representative of the carrier company.
6. LIABILITY OF THE PARTIES
6.1. The Parties are responsible for non-compliance with the terms of this Agreement following the current legislation of Ukraine.
6.2. The Buyer has the right to refuse the received Goods of inadequate quality or demand the replacement of the goods with goods of proper quality within fourteen days from the date of receipt of the Goods, provided the goods' presentation and consumer qualities are preserved, by sending a claim to the Seller.
6.3. The Buyer agrees that the purchased goods are non-exchangeable and non-returnable if they belong to the list of goods specified in the Cabinet of Ministers of Ukraine Resolution No. 172 of March 19, 1994, which can be viewed via the link: https://zakon.rada.gov.ua/laws/show/172-94-%D0%BF.
7. FORCE MAJEURE
7.1. The Parties are released from liability for partial or complete non-performance or improper performance of obligations under the Agreement if they result from force majeure circumstances (fire, flood, earthquake, natural disaster, military actions, and other force majeure circumstances), and if these circumstances directly affected the performance of the Agreement, the performance is extended for the period during which these circumstances were in effect.
7.2. If force majeure circumstances last for more than three months, either Party will have the right to refuse further performance of the Agreement, and in this case, the Agreement is considered terminated if the Parties agree on the legal consequences under the terms of this Agreement.
7.3. The Party unable to fulfill its obligations under the Agreement must notify the other Party in writing no later than five working days about the occurrence of force majeure, suspension of its obligations, along with a proposed plan to resolve mutual obligations.
7.4. The existence of force majeure circumstances must be confirmed by the necessary documents from the Chamber of Commerce or another authorized body of Ukraine.
7.5. Failure to notify or late notification of force majeure circumstances deprives the Party of the right to invoke them.
8. CONFIDENTIALITY
8.1. All information related to the conclusion and performance of this Agreement is confidential. Information that the Parties officially disclose in accordance with the current legislation is not considered confidential.
8.2. During the validity of the Agreement and after its termination, the Parties must not disclose to third parties or in any other way disclose confidential information obtained as a result of the performance of this Agreement.
8.3. For disclosure of confidential information, the guilty Party is responsible according to the current legislation and also undertakes to compensate for any losses incurred as a result.
9. DISPUTE RESOLUTION
9.1. All disagreements and disputes related to the performance of the terms of this Agreement shall be resolved by the Parties through negotiations.
9.2. If the Parties are unable to reach mutual agreement through negotiations, or if one of the Parties refuses to conduct negotiations, the dispute will be referred to the court in accordance with the procedure established by Ukrainian law.
10. DURATION OF THE AGREEMENT
10.1. The Agreement enters into force from the moment the Order is placed on the website https://irinazhmurenko.com and remains valid until the Parties have fully fulfilled their obligations.
10.2. The Agreement may be terminated before its expiration with the mutual consent of the Parties and in other cases provided by Ukrainian law.
11. FINAL PROVISIONS
11.1. The Seller independently determines the terms of this Agreement and its appendices, which are an integral part of it, in accordance with and in fulfillment of the requirements of the current legislation of Ukraine. The Seller has the right to unilaterally change and/or supplement the terms of this public Agreement and its appendices. The Seller guarantees and confirms that the current version of the text of this Agreement and its appendices, posted on the Seller's website, is valid.
11.2. When fulfilling this Agreement, the Parties are guided by the terms of the Agreement and the current legislation of Ukraine.
11.3. The Agreement is a public offer agreement in accordance with the Civil Code of Ukraine, published on the Seller's website https://irinazhmurenko.com in electronic form.
11.4. By accepting the Agreement, the Buyer voluntarily consents to the collection and processing of their personal data for the following purposes: the data collected will be used for commercial purposes, including receiving information about the order and processing information related to it, sending promotional and special offers, information about promotions, or any other information about the activities of the Website https://irinazhmurenko.com via telecommunication means (email, mobile communication). If the Buyer does not wish to receive information about the activities of the Website https://irinazhmurenko.com, they have the right to contact the Seller by submitting a request to opt out of receiving promotional materials, sending it to the Seller’s postal or email address.
11.5. Each Party guarantees to the other Party that it possesses the necessary legal capacity, as well as all rights and powers necessary and sufficient to enter into and execute this Agreement in accordance with its terms.
12. DETAILS OF THE PARTIES
Seller:
Sole Proprietor Zhmurenko I.G.
Ukraine, Dnipro
Taxpayer Registration Number 2764610501
zhmurenkodolls@gmail.com
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