Public offer contract
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 together - the Parties, have entered into this Public Offer Agreement (hereinafter - the Agreement), addressed to an unlimited circle persons, which is the official public offer of the Seller to conclude a contract of sale of Goods with the Buyers, the photos of which are posted in the appropriate section of the Website http://katerezz.com/
Sellers intending to sell Goods using the Website http://katerezz.com/ and Buyers when purchasing Goods whose images are posted on the relevant pages of the Website http://katerezz.com/ accept the terms of this Agreement on the following.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement. Clicking on the "ORDER" button on the website page http://katerezz.com/ in the corresponding section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), according to current international and Ukrainian legislation, took into effect the conditions of the Public Offer Agreement, which are indicated below.
1.2. The public offer contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unscrupulous Order and for non-fulfillment of the terms of this Agreement.
1.3. This Agreement enters into force from the moment of clicking the "ORDER" button, by which the Buyer gives his consent to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and complete settlement with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If the international treaty, the binding consent of which was given by the Verkhovna Rada of Ukraine, establishes different rules than those established by Ukrainian legislation, then the rules of the international treaty are applied.
2. TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website http://katerezz.com/, and the application 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 on the website http://katerezz.com/, addressed to an undefined circle of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the Seller's offer to purchase the Product, the image of which is posted on the Website http://katerezz.com/, by adding it to the virtual cart and sending the Order.
"Purchaser" - any capable natural person, legal entity, natural person-entrepreneur, in accordance with current Ukrainian legislation, who has visited the Website http://katerezz.com/ and intends to purchase one or another Product.
"Seller" - a natural person-entrepreneur Kateryna Oleksandrivna Ratskevich (EDRPOU code 3419704288), who is a distributor of the Product and intends to sell it with the help of the website http://katerezz.com/.
"Order" - the Buyer's application for the purchase of Goods, duly executed and posted on the Website http://katerezz.com/, addressed to the Seller.
"Legislation" - norms established by Ukrainian or international legislation for the regulation of contractual relations under the Agreement.
"Significant defect of the Product" - a defect that makes it impossible or inadmissible to use the Product in accordance with its intended purpose, was caused by the manufacturer's (Seller's) fault, and after its elimination appears again for reasons beyond the control of the consumer.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, on the terms and in the manner specified by this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Website http://katerezz.com/, and the Buyer undertakes on the terms and in the manner specified herein According to the contract, purchase the Goods and pay for them.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no third-party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham agreement or an agreement concluded under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits for the implementation of economic activities, which regulate the sphere of legal relations that arise and operate in the process of the execution of this Agreement, and also guarantees that he 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 during the execution of this Agreement and sale of the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged to:
· fulfill the terms of this Agreement;
· execute the Buyer's order in case of receipt of payment from the Buyer;
· hand over the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website http://katerezz.com/, issued by the Order and the terms of this Agreement;
· check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
· inform the buyer about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this contract.
4.2. The seller has the right to:
· unilaterally suspend the provision of services under this Agreement in the event of a breach by the Buyer of the terms of this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged to:
· timely pay and receive the order under the terms of this Agreement;
· familiarize yourself with the information about the Product, which is posted on the Website http://katerezz.com/
· when receiving the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the packaging. In the case of detection of damage or incomplete completion of the Goods, record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
5.2. The buyer has the right to:
· place an order on the corresponding page of the Website http://katerezz.com/;
· require the Seller to fulfill the terms of this Agreement;
· to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6. ORDER PROCEDURE
6.1. The Buyer places the Order independently on the corresponding page of the Website http://katerezz.com/ by adding the Goods to the virtual cart by clicking the "Add to Cart!" button, or by placing an order by e-mail or by phone number indicated in the contact section Website http://katerezz.com/.
6.2. The term of formation of the Order is up to 3 (three) working days from the moment of its registration. If the Order is sent on a weekend or holiday, the term of formation begins on the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Website http://katerezz.com/. The price of the Agreement is determined by adding the prices of all the selected Goods placed in the virtual basket 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 cost of the Order may vary depending on the price, quantity or product range.
7.3. The Buyer can pay for the Order in the following ways:
1) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including with the help of Internet banking (the Buyer pays the Order within three days from the date of receipt of the invoice in the amount of 100% of the subscription).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine.
3) Credit card of the following type:
· Visa Electron
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional fee may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional fee may be charged when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers. When clicking on the "ORDER" button on the website page http://katerezz.com/ in the corresponding section, it means that the Seller has informed the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders by the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic card , Maestro.
8. TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Product by delivery or receives it in person. The procedure for payment and receipt is indicated on the corresponding page of the Website http://katerezz.com/.
8.2. When delivering Goods to other cities of Ukraine or on the territory of another country, which is carried out by other delivery services (hereinafter Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these Carrier Companies.
8.3. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies is confirmed by the Buyer with his own signature on the goods transport invoice, the declaration of the carrier company, or in the delivery invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in completeness according to the specification of the Goods and in proper (working) condition and quality.
8.4. In case of absence of the Buyer at the delivery address specified by the Buyer in the application or refusal of the Buyer to receive the Goods for unjustified reasons, upon delivery by the carrier Company's courier, the Goods shall be returned to the shipping trade center. Payment for the services of the carrier company is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer on the basis of his letter sent to e-mail: email@example.com indicating the bank account to which the money should be returned.
All questions that arose during the process of payment and receipt of the Goods can be clarified by the Buyer using the contact information in the Contacts section.
9. TERMS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights", the Buyer has the right to exchange Goods of appropriate quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that cannot be exchanged (returned).
9.2. If the Buyer intends to return the Goods, such return is carried out in accordance with the "Exchange and Return" section of the Site, taking into account the rules and conditions of the carrier or courier operating on the territory of Ukraine.
9.3. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record it in a deed of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to notify the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods.
9.4. The parties agreed that in the event of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any mechanical damage and in full completeness.
10. RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner stipulated by this Agreement and current international and Ukrainian legislation.
10.2. In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The claim review period is 7 (seven) calendar days from the date of its receipt. In disputes related to the collection of debt from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including those related to its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be liable for non-fulfillment of any of their obligations, with the exception of payment obligations, if they prove that such non-fulfilment was caused by force majeure, i.e. events or circumstances truly beyond the control of such Party, occurring after conclusion of this Agreement, which are of an unforeseen and unavoidable nature.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, frostbite, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by state authorities (including distribution, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. The Party for which it became impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, and also provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days . Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing. Despite the occurrence of force majeure, before terminating this Agreement as a result of force majeure, the Parties shall make final mutual settlements.
Despite the occurrence of force majeure, before terminating this Agreement as a result of force majeure, the Parties shall make final mutual settlements.
12. OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling his Order (sending a message to the Seller about ordering the Goods, sending advertising messages, etc.).
12.2. By accepting the Agreement or registering on the website http://katerezz.com/ (filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data for the following purpose: 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 by telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activities of the Website http: //katerezz.com/.
about the activity of the Website http://katerezz.com/.
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as to send sms messages and make calls to the phone number specified in the application form.
12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, update, change (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 carry out direct data processing for the specified purposes, as well as at the mandatory request of a competent state body).
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 truthfulness of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information provided when placing the order.