Public Offer Agreement
1. General Provisions
1.1. This offer is an official proposal by sole proprietor Shuvalova Svetlana Antonovna (ITN 2489303127, address: 02094, Kiev, Pozharsky Street, 15, apt. 8 / 2.4), further referred to as “Seller”, to conclude a Purchase Agreement selling goods remotely, that is, through the online store, further referred to as the “Contract”, and places a public offer (proposal) on the Seller’s website https://royal-beauty.shop / (further referred to as “the Website"). The specified contract is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers
1.2. The moment of full and unconditional acceptance by the Buyer of the seller’s offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact that the Buyer paid the order on the terms of the Agreement, at the time and at the prices specified in the agreement or on the Seller’s website. Considering this, in case the Buyer indicates his own e-mail, the Buyer receives a confirmation of the electronic transaction in the form of an electronic document, which is sent to the Buyer at the email specified.
1.3. Information provided in paragraph 11, Art. 11, Law of Ukraine "On Electronic Commerce" is specified in this agreement. Meanwhile, in case the Buyer indicates his own e-mail, the Buyer receives confirmation of the electronic transaction in the form of an electronic document, which is sent to the Buyer at the email specified by him.
2. Concepts and definitions
2.1. In this offer, if the context does not need anything else, the following terms have the following meanings:
- ** “Goods” - perfumery and cosmetic products of LaBiosthetique Trademark;
- ** “Online Store” - in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling a product, work or service by means of an electronic transaction.
- * "Seller" - sole proprietor, who sells the goods displayed on the Website.
- * “Buyer” - an individual concluding an Agreement with the Seller on the conditions set forth below.
- * "Order" - the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
3. Subject of the Agreement
3.1. 3.1. The Seller obliged to transfer the goods to the Buyer, and the Buyer undertakes to pay and accept the goods under the terms of this Agreement. This Agreement governs the sale of goods in the online store, including:
- voluntary selection of goods in the online store by the Buyer;
- Customer self-placing an order in the online store;
- payment by the Buyer of the order placed in the online store;
- processing and delivery of the order to the Buyer property under the terms of this Agreement.
4. Ordering procedure
4.1. The buyer has the right to place an order for any product posted on the website of the online store, which is in stock.
4.2. Each item can be indicated in the order in any quantity that is available.
4.3. In the case of absence of goods in stock, the Seller’s Manager must inform the Buyer (by phone or email).
4.4. If there is no product, the Buyer has the right to replace it with a similar product or refuse this order (until it is sent to the Buyer).
5. Order payment procedure
5.1. Payment is made upon receipt of goods at the offices of transport / courier companies in the national currency of Ukraine - the hryvnia.
5.2. In case of non-receipt of funds, the online store reserves the right to cancel the order.
5.3. Payment for the goods may be made in another way in accordance with the current legislation of Ukraine.
6. Terms of delivery of the order
6.1. Delivery of goods purchased in the online store is carried out in the offices of the transport / courier companies, where orders are issued to the buyer, or targeted courier delivery is made, on time and on the conditions specified on the website of the online store.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
7. Rights and obligations of the parties:
7.1. The seller has the right:
- - unilaterally suspend the execution of this Agreement in case of violation of the terms of this Agreement by the Buyer.
7.2. The buyer must:
- - timely pay and receive an order on the terms of this Agreement.
7.3. The buyer has the right:
- place an order in the online store;
- execute an electronic contract;
- require the Seller to fulfill the terms of this Agreement.
8. Responsibility of the parties
8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
- - changed appearance of the goods by the manufacturer;
- - for a slight discrepancy in the color of the product, which may differ from the product itself solely by the transfer of the color by the personal computer monitor of individual models;
- - for the content and accuracy of the information provided by the Buyer when placing the order;
- - for delays and failures in the implementation of this Agreement (order processing and delivery of goods) that occur for reasons that are outside of Seller’s control;
- - for unlawful illegal acts committed by the Buyer using this access to the Internet;
- - for the transfer of network identifiers - IP, MAC address, login and password to third parties by the Buyer.
8.3. The buyer, using the Internet access granted to him, is independently liable for damage caused by his actions (personally and even if another person is logged in) to persons or their property, legal entities, the state and moral principles of morality.
8.4. In case of force majeure circumstances, the parties are exempted from liability for failure to fulfill obligations under this Agreement. Force majeure for the purposes of this Agreement means circumstances of an extraordinary nature, the occurrence of which the party could not have foreseen, and which exclude or objectively impede the possibility of fulfilling this Agreement ..
8.5. The parties make every effort to resolve any differences exclusively through negotiations.
9. Other conditions
9.1. The online store reserves the right to unilaterally amend this Agreement subject to the publication of the most recent edition on the website https://royal-beauty.shop/.
9.2. An online store was created to organize a remote way of selling goods over the Internet.
9.3. The buyer is responsible for the accuracy of the information specified when placing the order. In this case, when making an acceptance (placing an order and further payment for the goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine "On the Protection of Personal Data".
9.4. Payment of the order which was issued in the online store by the Buyer, means the Buyer's full agreement with the terms of this Sale and Purchase Agreement (public offer agreement).
9.5. The actual date of electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce".
9.6. Using the resource of the online store to view the product, as well as to place an order is free for the Buyer.
9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivering goods, making settlements and fulfilling other conditions of this Agreement.
9.8. By filling out the registration form / order on the Website, the Buyer agrees to the collection and processing of his personal data by the Online Store for the following purpose: the data that the Buyer provides when registering or ordering on the Website will be used to process Orders for the acquisition of Goods, receive information about the Order, send telecommunication means of communication (e-mail, mobile communications) of advertising and special offers, information about promotions, sweepstakes, or other information about the activities of the online store for other commercial purposes.
9.10. The buyer gives the right to the online store to process its personal data, including: transfer personal data to the database of the online store (without further notice), carry out unlimited storage of data, their accumulation, updating, change (as necessary). The online store is obligated to protect this data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transmission of data to related parties, commercial partners, persons authorized by the online store to directly process data for these purposes, as well as to inquiries in compliance with the requirements of the current legislation of Ukraine).
9.11. In the event that the Buyer does not want to receive newsletters about promotions, new products, etc. from the Online Store, the Buyer has the right to refuse it by sending an appropriate letter or phone call specified in this agreement or on the Website.
9.12. The buyer is responsible for the accuracy of the information specified when registering on the Website or placing an order and agrees to all risks associated with the inaccuracy of such information.
9.13. Information about the product, which must be communicated to the buyer, is contained in this agreement, on the Website, in accompanying documents and / or on the product itself (marking).
9.14. Warranties for goods are provided in accordance with the current legislation of Ukraine and the information indicated on the goods by the manufacturer / seller.
10. The procedure for returning goods of good quality
10.1. Return of goods to the online store is made in accordance with the current legislation of Ukraine.
10.2. Returning the goods to the online store is at the expense of the Buyer.
10.3. Returning perfumes and cosmetics of proper quality by the Buyer is forbidden in accordance with the List approved by the Resolution of the Cabinet of Ministers of Ukraine (Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 No. 172).
10.4. Claims of complaint are accepted in the name of the Seller at the address specified in this Agreement.
11. Duration of the contract
11.1. An electronic contract is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response to the acceptance of this proposal in the manner determined by part six of Article 11 of the Law of Ukraine "On Electronic Commerce", and is valid until the parties fully fulfill it.
11.2. Until the expiration date, this Agreement may be terminated by mutual agreement of the parties until the actual dispatch of the goods, by returning the money paid (if paid).
11.3. The parties have the right to terminate this agreement unilaterally, in case of failure of one of the parties to the terms of this Agreement and in cases provided by the current legislation of Ukraine.