Public offer agreement
Under this agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter jointly referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), which is addressed to an unlimited number of persons, is the official public offer of the Seller to conclude a contract of sale with the Buyers of the goods, photos of which are posted in the relevant section of the website https://krillkultura.ua/ . Sellers who intend to sell the Goods using the Website https: https://krillkultura.ua/ and Buyers when purchasing the Goods, the images of which are posted on the relevant pages: https:// https://krillkultura.ua/kupyty-zhyr/ , accept the terms of this Agreement as follows.
GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the "ORDER" button on the page of the Website https://krillkultura.ua/ in the relevant section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the below mentioned terms of the Public Offer Agreement.
1.2. The Public Offer Agreement is public, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms and conditions are equal for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full consent with this Agreement, the Buyer accepts the terms and conditions of ordering, payment and delivery of the goods by the Seller, responsibility for an unfair Order and for failure to implement the provisions of this Agreement.
1.3 This Agreement shall enter into force from the moment of clicking on the "ORDER" button, by which the Buyer gives consent to purchase the Goods available from the Seller and shall be effective until the Buyer receives the Goods from the Seller and makes full payment to him.
CONCEPTS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://krillkultura.ua/, the use of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https://krillkultura.ua/ and is directed to an indefinite number of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the Seller's offer to purchase the Goods, the image of which is posted on the Website https://krillkultura.ua/ by adding it to the online cart and sending the Order.
"Goods" - a trade item (product, model, accessory, components and related items, any other trade items), the purchase of which is posted on the Website https://krillkultura.ua/ by the Seller's offer.
"Buyer" - any legally capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who has visited the Website https://krillkultura.ua/ and intends to purchase a particular Goods.
"Seller" - Individual entrepreneur Zhovnirenko Victoriia, location: Kyiv, 01033, Ukraine, Tarasivska Street, 21, apartment 35 (Tax ID No. 2588919546).
"Order" - the Buyer's application for the purchase of the Goods duly executed and posted on the Website https://krillkultura.ua/, addressed to the Seller.
"Legislation" - the rules established by Ukrainian or international legislation for the regulation of contractual relations under the Agreement.
"Significant defect of the Goods" - a defect that makes it impossible or unacceptable to use the Goods in accordance with their intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it manifests itself again for reasons beyond the consumer's control.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of the Order placed by the Buyer on the relevant page of the Website https://krillkultura.ua/, and the Buyer undertakes to buy the Goods and pay for them on the terms and in the manner specified in this Agreement.
3.2. The Seller warrants that the Goods are not pledged, are not subject to a dispute, are not under arrest, and that there are no rights of third parties to them.
3.3 The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or fraud.
3.4. The Seller confirms that it has all the necessary licenses for the implementation of economic activities that regulate the scope of legal relations arising and operating in the course of the implementation of this Agreement, and also guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of executing this agreement and selling the goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1 The Seller is obliged to
- fulfill the provisions of this Agreement
- fulfill the Buyer's order in case of receipt of payment from the Buyer;
- make any changes to this Public Offer Agreement;
- transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website https://krillkultura.ua/, the completed order and the terms of this Agreement;
- check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
- notify the Buyer of a possible additional fees when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this Agreement.
4.2. The Seller has the right to unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the provisions of this Agreement.
4.3. Seller - Individual Entrepreneur Zhovnirenko Victoriia or a Business Entity from among the persons offering for purchase on the Website https://krillkultura.ua/. The goods according to the uniform agreed rules set forth in this public offer agreement.
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obliged to:
- Pay and receive in time the order on the provisions of this Agreement;
- familiarize themselves with the information about the Goods posted on the Website https://krillkultura.ua/ ;
- upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete completeness of the Goods, record them in the act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
5.2. The Buyer has the right to:
- place an order on the corresponding page of the Website https://krillkultura.ua/ ;
- require the Seller to fulfill the provisions of this Agreement;
- to be informed about possible additional fees when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDERING PROCEDURE
6.1. The Buyer independently places an order on the relevant page of the Website https://krillkultura.ua/ by adding the Goods to the online cart by clicking the "Add to Cart" button, or by placing an order by e-mail specified in the contacts section of the Website https://krillkultura.ua/.
6.2. The term for the formation of the Order is up to 2 working days from the date of its execution. If the order is sent before the weekend or holiday, the formation period starts from the first working day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1 The price of each certain Goods is determined by the Seller and is indicated on the relevant page of the Website https://krillkultura.ua/. The price of the Agreement is determined by adding the prices of all selected Goods placed in the online cart and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The price of the Order may vary depending on the price, quantity and range of goods.
7.3. The Buyer may pay for the order in the following ways:
- by bank transfer of money to the Seller's current account specified in the invoice, including through Internet banking (the Buyer pays for the order within one day from the date of receipt of the invoice in the amount of 100% prepayment);
- by credit card (VISA, VISA ELECTRON, MASTERCARD, MASTERCARD ELECTRON, MAESTRO).
Note. When the Buyer pays for the order with a payment card, an additional fees may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional fees may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking on the "ORDER" button on the page of the Website https://krillkultura.ua/ in the appropriate section means that the Seller has informed the Buyer about the possibility of charging an additional fee when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers.
TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery. The procedure for payment and receipt is mentioned on relevant page of the Website https://krillkultura.ua/ .
8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, performed by other Delivery Services (hereinafter referred to as Shipping Companies), the Buyer fully and unconditionally agrees to the Rules of carriage of goods by these Shipping Companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Shipping Companies shall be confirmed by the Buyer with his own signature in the consignment note, the declaration of the Carrier Company, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Shipping Company in the quantity specified and paid by the Buyer, in a complete set according to the specification of the Goods and in proper condition and quality.
8.4. In case of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unreasonable reasons, upon delivery by the Courier of the Shipping Company, the Goods shall be returned to the shipment center. The fee for the services of the Shipping Company shall be deducted from the amount paid by the Buyer for the Goods. The balance of the amount shall be returned to the Buyer based on his letter sent to the e-mail address: info@krillkultura.ua mentioning the current account to which the funds should be returned. All questions arising in the process of payment and receipt of the Goods can be clarified by the Buyer using the contact information in the Contacts section.
TERMS OF RETURN OF GOODS
9.1. In accordance with the List of Goods of Good Quality Not Subject to Exchange (Return), approved by the Resolution of the Cabinet of Ministers of Ukraine "On Implementation of Certain Provisions of the Law of Ukraine "On Consumer Protection" dated March 19, 1994 No. 172 (as amended), foodstuffs, medicines and products, and sanitary items are not subject to return.
9.2. In case of defects, the Buyer is obliged to record this in a free-form act. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the defects shall be recorded by means of photo and video recording. Within 1 (one) day, the Buyer is obliged to notify the manager (the Seller's representative responsible for placing the order for the Goods) of the identified defects and agree on the replacement of the Goods by sending a letter to the Seller's e-mail address info@krillkultura.ua.
9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer's receipt of the Goods in proper condition - without any mechanical damage and in full completeness - is recognized.
RESPONSIBILITY OF THE PARTIES AND DISPUTE SETTLEMENT
10.1. The Parties shall be responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner mentioned in this Agreement and current international and Ukrainian legislation.
10.2. In the event of disputes related to the Parties' performance of this Agreement, except for disputes on debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, its performance, including its violation, termination or invalidity, shall be settled in the appropriate court in accordance with international and Ukrainian legislation.
FORCE MAJEUERE CIRCUMSTANCES
11.1. The Parties shall not be responsible for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeuere, i.e. events and circumstances that are really beyond the control of such party, occurred after the conclusion of this Agreement, are unforeseeable and inevitable.
11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeuere shall immediately inform the other Party in writing of the occurrence of the above circumstances, and within thirty (30) calendar days provide the other Party with confirmation of force majeuere. Such confirmation will be an inquiry, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeuere.
11.3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was postponed due to the mentioned circumstances.
11.4. If, due to force majeuere circumstances, the failure to fulfill the obligations under this Agreement lasts for more than three months, each of the Parties shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing. Notwithstanding the occurrence of force majeuere, the Parties shall make final settlements before termination of this Agreement due to force majeuere.
OTHER PROVISIONS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about the order of the Goods, sending advertising messages, and so on).
12.2 By own acceptance of the Agreement or registration on the Website https://krillkultura.ua/. (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purposes: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers, information about the promotion, drawing or any other information about the activities of the website https://krillkultura.ua/. For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send SMS messages, make calls to the phone number specified in the questionnaire.
12.3. The Buyer grants the right to process his personal data, including: to place personal data in databases (without additional notice), to carry out lifelong storage of data, their accumulation, updating, changing (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.