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PUBLIC OFFER AGREEMENT
PUBLIC AGREEMENT (OFFER)
to order, purchase, sale and delivery of goods
This agreement between Yury Stepanovich Agafonov, hereinafter referred to as the "Seller" and the user of the website services, hereinafter referred to as the "Buyer", is an agreement on the order for the purchase, purchase and delivery of goods and defines the basic conditions for the order, purchase and delivery of goods through the website https://my-smakolyk.com/ The Buyer, acting with the purpose of acquiring the Goods, accepts the terms of this contract for the sale of goods (hereinafter - the Contract) on the following conditions.
1. DEFINITION OF TERMS
1.1. Public offer (hereinafter referred to as the “Offer”) is the Seller’s public offer addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the “Agreement”) under the conditions contained in this Offer, including all Applications.
1.2. Order - the decision of the Customer to order the goods and their delivery, issued in the online store and / or instructions for the purchase and delivery of goods.
2. GENERAL PROVISIONS
2.1. The information below is an official offer (offer) of the online store https://my-smakolyk.com/ to any individual (hereinafter - the Buyer) to conclude a contract of sale of goods. 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.
2.2. According to Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the contract of sale of goods on the conditions below, is the fact of order registration and confirmation.
2.4. By placing an Order, the Buyer confirms the approval and unconditional acceptance of the terms of this offer (offer).
2.5. By concluding an Agreement (that is, accepting the terms of this Offer (Offer) by placing an Order), the Buyer confirms the following:
The buyer is fully acquainted and agrees with the terms of this offer (offer);
It gives permission for the collection, processing and transfer of personal data on the conditions specified below in the Caution regarding the collection, processing and transfer of personal data, permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Customer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of collecting data, and that his personal data is transmitted to the Seller in order to be able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as for receiving bills, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications from the Customer, without changing the purpose of processing personal data. The scope of the rights of the Customer as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understandable to him.
3. PRICE OF GOODS
3.1. The price for each item of the Goods is indicated on the website of the online store.
3.2. The seller has the right to unilaterally change the price for any position of the Goods.
3.3. In case of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer of a change in the price of the Goods.
3.4. The Buyer has the right to confirm or cancel the Purchase Order for the Goods if the price is changed by the Seller after placing the Order.
3.5. Change by the Seller of the price of the goods paid by the Buyer is not allowed.
3.6. The seller indicates the cost of delivery of the goods on the website of the online store or informs the buyer when placing the order by the operator.
3.7. The Buyer's obligations to pay for the Goods are deemed fulfilled from the moment the funds are received by the Seller.
3.8. Settlements between the Seller and the Buyer for the Goods are made by the methods indicated on the website of the online store in the section "Delivery and Payment".
4.1. The order of the Goods is carried out by the Buyer through the Operator by phone:
or through the website service of the online store https://my-smakolyk.com/
4.2. When registering on the website of the online store, the Buyer agrees to provide the following registration information:
4.2.1. Surname and name of the Buyer or the person (recipient) indicated by him;
4.2.2. The address to which the goods should be delivered (if delivery is to the buyer's address);
4.2.3. Email address (optional field);
4.2.4. Contact number.
4.3. The name, quantity, article, price of the Goods chosen by the Buyer are indicated in the Buyer's basket on the website of the online store.
4.4. If the Seller needs additional information, he is entitled to request it from the Buyer. In case of failure to provide the necessary information By the Buyer, the Seller is not responsible for the provision of quality services to the Buyer when purchasing goods on the online market.
4.5. When placing an Order through the Operator (clause 4.1. Of this Offer), the Buyer agrees to provide the information specified in clause 4.2. of the present Offer.
4.6. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer into the registration form on the website of the online store or when placing an Order through the Operator. After placing the Order through the Operator, data about the Buyer is recorded in the Seller's database.
4.7. The buyer is responsible for the accuracy of the information provided when placing the Order.
4.8. The contract of sale by remote means between the Seller and the Buyer is considered concluded from the moment of electronic ordering on the website service of the online store or when the Seller issues the cashier or sales receipt or other document confirming the payment of the Goods to the Buyer.
5. DELIVERY AND DELIVERY OF GOODS TO THE BUYER
5.1. The methods, order and terms of delivery of goods are indicated on the website in the section "Payment and delivery". The buyer agrees with the operator of the online market at the time of checkout the order and terms of delivery of the ordered goods.
5.2.1. After the formation of the application, the buyer can make a calculation and receive his goods at the address: Melitopol, Universitetskaya St. Mon-Fri from 8:30 to 16:30,
5.2.2. The right of ownership and the risk of accidental loss or damage to the goods passes to the Customer or his Representative from the moment of receipt of the goods by and signing by the Parties of a receipt and / or order (and / or order for the purchase and delivery of goods) for delivery.
5.3. Delivery of goods is carried out on their own by employees of the online store according to the terms of delivery, or with the involvement of third parties (the carrier).
5.4. Upon receipt of the goods, the Customer must, in the presence of a courier representative, check the conformity of the Goods with qualitative and quantitative characteristics, (product name, quantity, completeness, shelf life).
5.5. Upon acceptance of the goods, the Customer or the Customer’s Representative confirms with his signature in the sales receipt and / or order for the delivery of goods, which has no claims on the quantity of goods, the appearance and completeness of the goods.
6. RETURN OF GOODS
6.1. The customer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - in the manner and on the conditions determined by the Law of Ukraine "On Protection of Consumer Rights".
6.2. The return of excisable goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the fact of purchase and the conditions of the order of the specified goods are preserved.
6.3. The Customer does not have the right to refuse the goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the Consumer who purchased it (including non-standard, at the request of the Customer, sizes, etc.). Confirmation that the product has individually defined properties is the difference in product sizes and other characteristics that are indicated in the online store.
6.4. Return of goods, in cases stipulated by law and this Agreement, is carried out at the address indicated on the website in the section "Delivery and Payment".
6.5. If the Buyer refuses the goods of good quality, the Seller returns money in the amount of the cost of such Goods, with the exception of the costs of the seller for the delivery of goods that are returned.
6.6. Refund of the amount specified in clause 6.5. It is carried out within 7 working days after receiving the return of goods by the store.
7. RESPONSIBILITY OF THE PARTIES
7.1. The Seller is not liable for damage caused to the Buyer due to improper use of the Goods previously ordered on the website https://my-smakolyk.com/ and purchased from the Seller.
7.2. The seller is not responsible for the improper, untimely fulfillment of Orders and their obligations if the Buyer provides false or false information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are exempted from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and / or the Buyer after conclusion of this contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.