PUBLIC OFFER AGREEMENT
This offer is an official offer of the online store “mastaklviv,com”, hereinafter referred to as the “Seller”, to conclude a contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the “Agreement”, and places a public offer (offer) for the official website of the Seller “mastaklviv.com(hereinafter – the “Website”).
Pressing the “Buy” or “Order” button in the website on the Shopping Cart page means that the buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current Ukrainian legislation, accepted the terms of the public offer agreement specified below.
The terms of this Agreement regulate the relationship between Seller and Buyer and are determined by the Law of Ukraine “On Consumer Protection” № 1023-XII of May 12, 1991, Rules of retail trade in non-food products, approved by the Ministry of Economy of Ukraine № 104 of April 19, 2007.
This agreement is by nature a public offer, which is equivalent to an “oral agreement” and has the appropriate legal force according to current legislation of Ukraine.
1.1. The public offer agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). With the full agreement with this Agreement, the buyer accepts the conditions and procedure for placing an order, payment for goods, delivery of goods, responsibility for an unfair order and for failure to comply with the terms of this agreement.
1.2. The contract is considered concluded from the moment you click the “Buy” or “Order” button on the checkout page and confirm its purchase.
1.3. Online store mastaklviv.com sells goods at retail. The procedure for the return of goods is carried out in accordance with the law of Ukraine “On Protection of Consumer Rights”.
1.7. By placing an order on the site, the client unconditionally agrees to follow the terms of this Agreement and confirms that he is familiar with them.
CONCEPTS AND DEFINITIONS
In this offer, unless the context otherwise requires, the following terms have the following meanings:
2.1“Goods” – leather bags, wallets, accessories, leather care components and related items;
2.2“Online store” – mastaklviv.com, in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling a product, work or service through an electronic transaction.
2.3″Personal data” – any information that directly or indirectly relates to a particular person or to a person being identified.
2.4. “Significant defect of the Goods” – a defect that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, caused by the fault of the manufacturer (Seller), after its elimination manifests itself again for reasons beyond the consumer and endowed with at least one of the following features:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it makes the goods significantly different than provided by the contract.
THE SUBJECT OF THE CONTRACT
3.1. The Seller undertakes 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 by the Buyer of goods in the online store;
– independent registration by the Buyer of 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 in the ownership of the terms of this Agreement.
4.1. The buyer places the order online in the online store or by telephone via the contacts specified in the online store.
Cost and order payment for the goods
5.1. The full cost of the goods is indicated on the pages of the Seller’s online store.
5.2. Prices for goods and services may vary depending on market conditions, which is reflected in the prices in the online store. The Seller may not change the price for a particular Buyer, if he has already accepted the terms of the Seller and made in the manner prescribed by this agreement payment for the Goods (services).
5.3. The Buyer pays for the order within 2 working days (in the amount of 100% prepayment) by bank transfer to the current account of the Seller specified in the invoice, incl. using Internet banking.
ORDER DELIVERY TERMS
6.1. Delivery of goods through the territory of Ukraine is carried out by the Nova Poshta delivery service.
Shipment of goods to the Buyer occurs after receipt from the Buyer of 100% payment on the invoice.
6.2. Delivery and return of goods is performed by the Seller or the transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 20 days.
6.3. The cost of delivery in the online store is not specified, as it depends on the current tariffs of the transport company (carrier).
6.4. The seller is not responsible for the delivery time of the order, because they depend on the actions of third persons (carriers).
6.5. Payment for delivery is made by the Buyer to the Carrier Company independently upon receipt of the goods. The exact cost of delivery is determined by the Carrier Company.
Return of goods of proper quality
7.1. The buyer has the right to exchange the goods of proper quality for similar from the seller from whom he was purchased, if the product did not satisfy Client in shape, size, style, color, size or for other reasons can not be used for its intended purpose under the following conditions:
A) the goods for exchange are provided to the Seller within fourteen days, excluding the day of purchase;
B) the product can be replaced if it has never been in use, has no traces of use and if it fully retains its appearance, consumer properties, seals, labels, packaging and its all components ;
C) the product does not contain any sings of use, scratches, spots, damages;
D) the completeness of the goods is completely preserved;
E) the goods may be replaced upon presentation by the Buyer of a settlement document issued to the Buyer together with the sold goods.
7.1. Requirements p.7.1. do not apply to goods that in accordance with Annex №3 to the Resolution of the Cabinet of Ministers of Ukraine from 19.03.94 №172 “On the implementation of certain provisions of the Law of Ukraine” On Consumer Protection “, referred to the List of goods of proper quality, not subject to exchange ( return).
7.2. The Seller has the right to refuse to exchange the Goods, if the Goods do not meet the conditions specified in paragraphs. A-E.
7.3. Transport costs for delivery of the Goods at the exchange according to item 7.1. rely on the Buyer.
7.4. When exchanging goods, its warranty period is recalculated from the date of exchange.
7.5. If at the time of exchange of a similar product is not for sale, the Buyer has the right to either purchase any other products from the available range with the appropriate transfer of value, or terminate the contract and get back the money in the amount of returned goods, or exchange goods for similar at the first receipt of the relevant goods for sale.
8.1. When placing an individual order for a product according to the characteristics, drawings, photos and sizes of the customer (customer), as well as making individual changes to the model of the Mastak collection: change any size, hardware details, make changes to product design, add external or internal pockets , handles, use of additional materials or equipment in the manufacture of individual products, the product is not subject to exchange and return. In this case, the relationship between the client (customer) and the master Mastak (performer) is regulated by the Civil Code of Ukraine Verkhovna Rada of Ukraine; Code of Ukraine, Law, Code of 16.01.2003 № 435-IV, Chapter 61 CONTRACT.
RIGHTS AND OBLIGATIONS OF THE PARTIES:
9.1. The seller has the right:
– unilaterally terminate the provision of services under this agreement in case the Buyer violates the terms of this agreement.
9.2. The buyer must:
– timely pay and receive the order on the terms of this agreement.
9.3. The buyer has the right:
– place an order in the online store;
– draw up an electronic contract;
– require the seller to fulfil the terms of this Agreement.
The order of acceptance of the goods by the buyer
10.1. Before receiving the purchase at the carrier’s warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and completeness.
10.2. In the case of at least one of those listed in paragraph 9.1. The Buyer is obliged to fix the defect agreement in the drawn up act of any form. The Act must be signed by the Buyer and the employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act the Buyer is obliged to notify the manager (representative of the Seller responsible for ordering the goods).
10.3. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer receives the Goods in good condition – without any mechanical damage and in full complectation.
10.4. In case of detection during the established warranty period of significant defects caused by the fault of the manufacturer of the goods (Seller), or falsification of the goods, confirmed by the conclusion of the examination, the Buyer, in the manner and within the warranty period of the terms of the Offer Agreement has the right to demand from the Seller:
10.4.1. The termination of the contract and refund of the amount paid for the Goods;
10.4.2. Replacement of the goods with the same Goods or similar, from those available from the Seller.
10.5. In this case, upon confirmation by the Seller of significant defects of the Goods and upon the will of the Buyer, the paid funds are subject to return to the latter on the details specified by him within 7 (seven) calendar days of return of the goods.
10.6. In cases of replacement of low-quality goods, payment for the carrier’s services is made at the Seller’s expense.
10.7. In any case, the return of the goods must take place in the original packaging in which the Goods were received, while preserving the appearance and consumer qualities of the goods.
10.8. All issues not regulated in this Agreement-offer, related to the procedure, conditions of warranty repair or replacement of the Goods in case of defects during the warranty period (suitability), are governed by the warranty obligations specified by the manufacturer of the Goods, and in case of failure such warranty obligations – in accordance with current legislation of Ukraine.
RESPONSIBILITY OF THE PARTIES
11.1. The parties are responsible for non-compliance or improper fulfilment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
11.2. In case of force majeure, the parties are released from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
11.3. The party alleging force majeure must notify the other party in writing by e-mail within five calendar days of such circumstances.
11.4. If, due to force majeure, the non-performance of obligations under this Agreement lasts for more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
11.5. The Parties shall make every effort to resolve any differences solely through negotiations.
12.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the mastaklviv.com website.
12.2. Internet – a store created to organize a remote way of selling goods over the Internet.
12.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.
12.4. The buyer is responsible for the accuracy of the information specified in the order.
12.5. Payment by the Buyer for the order placed in the Online Store means the Buyer ‘s full consent to the terms of the Purchase and Sale Agreement (public offer of the Online Store) and is the date of concluding the Purchase and Sale Agreement between the Seller and the Buyer.
12.6. The use of the Internet – store resource for viewing the goods, as well as for placing an order is free of charge for the Buyer.
12.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of the online store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.).
12.8. Own acceptance of Agreement or by registration on the web-site of “mastaklviv.com” (filling of registration questionnaire) Customer voluntarily gives a consent to collection and processing of the own personal data in the registered base of Salesman “Contractors” with a next aim: given, that the known to Salesman become will be used in commercial aims, including for treatment of orders on acquisition of commodities, receipt of order information, message of connection (by an e-mail, mobile communication) of advertisement and special suggestions, information telecommunication facilities about actions, drawing or any other information about activity of shop.For the aims envisaged by this point, Salesman has a right to direct folias, reports and materials to mailing address, e – mail Customer, and also to send a sms- report, carry out rings on indicated in a questionnaire telephone number.
12.9. A customer gives a right to produce treatment of him the personal data to Salesman, including: place the personal data in the databases of Customer (without the additional report of Participant about it), to carry out lifelong storage of data, their accumulation, updating, change (as far as a necessity). A customer assumes an obligation provide the protection of data from the unauthorized division of the third persons, not to distribute and not to pass to data any third direction (except communication of data to the constrained persons, commercial partners, persons, by the authorized Salesman on realization of the direct processing of data for the marked aims, and also upon obligatory request of competent public organ).
12.10. In case of unwillingness to get distribution, Customer has a right to appeal to Salesman, writing a statement about abandonment from the receipt of selling aids and sending it to mailing or electronic address.
Term of this agreement
13.1. This agreement inures from the day of processing order or registration in the e-shop of “mastaklviv.com” and operates to implementation of all conditions of the agreement.