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Under this Agreement, 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 collectively — the Parties, have concluded this Public Sale and Purchase Agreement (hereinafter referred to as the “Agreement” or “Public Agreement”), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude with the Buyers a sale and purchase agreement for the Goods, photos of which are posted on the website: https://www.davydenkobeauty.com (hereinafter referred to as the “Online Store”, respectively).
The Seller, who sells Goods through the Online Store, and the Buyer, when purchasing Goods, images of which are posted on the relevant pages of the Online Store, accept the terms of this Agreement on the following.
1. GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is drawn up in the form of a Public Offer Agreement. A properly executed and posted request for the purchase of the Goods selected by the Buyer via the Online Store means that the Buyer has accepted the terms of the Public Offer Agreement.
1.2. The Public Offer Agreement is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing to the Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of the Goods by the Seller, liability for an unscrupulous Order and for failure to fulfill the terms of this Agreement.
1.3. The Agreement comes into force from the moment of clicking the "Buy" button, by which the Buyer consents to purchase the Goods available from the Seller.
1.4. The conclusion of this public Agreement (the Buyer's acceptance of the Seller's offer) is considered to be the unconditional and full acceptance by the Buyer of all the terms of this public Agreement without exceptions, including essential terms, as well as the entry into the relevant contractual legal relationship with the Seller.
1.5. The Seller and the Buyer guarantee that they have the necessary legal capacity and capacity, as well as all rights and powers necessary and sufficient for the conclusion and execution of the Agreement. Based on the above, carefully read the text of the public offer, and if you do not agree with any point of the offer, you are invited to refuse to purchase the goods and services provided by the Seller.
2. TERMS AND DEFINITIONS
2.1. Unless the context requires otherwise, the capitalized terms used in this Agreement have the following meanings:
“ACCEPTANCE” means the Buyer’s full and unconditional consent to the Seller’s offer to purchase the Goods, the image of which is posted on the Site, by adding it to the virtual cart and sending the Order;
“PUBLIC OFFER AGREEMENT” means a public agreement, a sample of which is posted on the “Online Store” website, and the application of which is mandatory for the Seller, containing the Seller’s offer to purchase the Goods, the image of which is posted on the “Online Store” website, addressed to an unspecified circle of persons, including Buyers;
“ORDER” or “ORDER OF GOODS” means a duly executed and posted on the “Online Store” website, the Buyer’s application for the purchase of Goods addressed to the Seller;
“INTERNET STORE” means a list of related between pages on the Internet at https://www.davydenkobeauty.com;
"SELLER" means the individual entrepreneur Pilypenko Viktoriia Igorivna;
"BUYER" means any legally capable person who, in accordance with the procedure provided for by this Agreement, has voluntarily fully accepted (accepted) all its terms without exception and purchased goods and/or services offered for sale and/or provided for sale via remote communication in the Online Store;
"GOOD" or "GOODS" means the goods (goods) offered for sale and/or provided for sale via remote communication in the Online Store;
"WORKING DAY" - any day, except weekends and any holidays and non-working days established by the current legislation of Ukraine;
2.2. All other terms not separately defined in this Agreement shall be understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject matter of this Agreement.
3. SUBJECT OF THE AGREEMENT
3.1. In accordance with the procedure and on the terms established by this Agreement, the Seller undertakes to transfer to the Buyer the ownership of the Goods selected by the latter in accordance with the Order, and the Buyer undertakes to accept and pay for the Goods in accordance with the procedure and on the terms established by this Agreement.
3.2. The right of ownership of the Goods shall be transferred to the Buyer at the time of delivery (transfer) of the Goods and subject to the Buyer's full payment of the cost of the Goods in accordance with the procedure and on the terms established by this Agreement.
3.3. The Buyer shall independently familiarize himself with the terms of this Agreement and the Seller shall not be obliged to additionally or in any other way inform the Buyer about the existence of the Agreement except for its publication on the Site.
3.4. The Owner of the Online Store reserves the right to unilaterally amend this Agreement without any special notification to third parties. The new version of the Agreement shall enter into force from the moment of its posting on the "Online Store" website, unless otherwise provided by the new version of the Agreement.
4. ORDERING THE GOODS AND THE PROCEDURE FOR APPROVING THE AGREEMENT
4.1. The Buyer must independently place an Order for any goods that are available for Ordering on the "Online Store" website.
4.2. In the event of the unavailability of the Ordered Goods, the Seller is obliged to inform the Buyer of such information using the means of communication left by the Buyer when registering on the "Online Store" website.
4.3. If the product is not available, the Buyer has the right to replace it with a similar product, or refuse this product, or cancel the Order by calling ______
4.4. When placing an order using the electronic form on the Online Store website, the Buyer hereby confirms that he is familiar with the terms of this offer and undertakes to provide the Seller with all the information necessary for the proper processing and execution of the Order.
4.5. When placing an order using the electronic form on the Online Store website, the Buyer undertakes to provide the following registration information about himself:
4.5.1. Last name, First name, patronymic;
4.5.3. Contact phone number;
4.5.4. Email address (optional field)
4.5.4. Email address (not a mandatory field to fill in) and other information specified in the registration form on the website.
4.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
4.7. The Buyer is responsible for the accuracy of the information provided when placing an order.
4.8. The distance sales contract between the Seller and the Buyer is considered concluded from the moment of electronic order placement on the service of the online store website https://www.davydenkobeauty.com
5. PRICE OF THE GOODS, PAYMENT PROCEDURE FOR THE GOODS
5.1. The price of the Goods is indicated on the Website in the national currency of Ukraine (hryvnia) per unit of the Goods in accordance with the established price list. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket.
5.2. The Seller has the right to unilaterally change the price for any item of the Goods.
5.3. In the event of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about the change in the price of the Goods.
5.4. The Seller shall not change the price of the Goods paid for by the Buyer.
5.5. Settlements between the Parties regarding the terms of this Agreement shall be made in the national currency of Ukraine by means of non-cash payment on the Seller's Online Store Website.
5.6. The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment the Seller receives the funds.
6. DELIVERY OF THE GOODS. TRANSFER OF OWNERSHIP TO THE GOODS
6.1. Delivery of the ordered Goods is carried out in accordance with the conditions specified on the Site in the "Delivery" section.
6.2. Delivery of the Goods is carried out in the following ways:
To the “Nova Poshta” branch of your choice within 1-2 days from the moment of placing the order at the operator's rates at the expense of the Buyer,
By a courier of the “Nova Poshta” company to the specified address, within 3 days from the moment of placing the order at the operator's rates and at the expense of the Buyer.
6.3. In the case of delivery of the Goods by the Seller, the Seller is responsible for the preservation of the Goods until its transfer to the Buyer.
6.4. In the case of delivery of the Goods by a courier (forwarding) service, the courier (forwarding) service is responsible for the preservation of the Goods until its transfer to the Buyer.
6.5. The Goods are transferred to the Buyer in a properly packaged form.
6.6. Upon receipt of the goods, the Buyer must, in the presence of a representative of the courier (forwarding) service, check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness).
6.7. In the event 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 unjustified reasons upon delivery, the Goods shall be returned to the Seller. Payment for delivery services, if the Seller engages a courier service, shall be paid by the Buyer.
7. RETURN AND REPLACEMENT OF GOODS
7.1. The Buyer has the right, within the period specified on the website in the "PAYMENT AND RETURN" section, to return the Goods under the following conditions: - The Buyer received goods of inadequate quality; - The contents of the parcel do not correspond to the description of the attachment (with a violation of the assortment, quantity, completeness or packaging)
7.2. The Buyer must return the Goods in the original packaging in which he received the Goods, and the Goods must not have been used and have no traces of use, and must be accompanied by the documents issued with the Goods upon purchase.
7.3. If at the time of exchange a similar product is not available for sale, the Buyer has the right to either purchase any other products from the available assortment with an appropriate transfer of the cost, or terminate the contract and receive a refund in the amount of the cost of the returned product, or exchange the product for a similar one when the corresponding product first becomes available for sale.
8. LIABILITY OF THE PARTIES
8.1. The Seller is not liable for damage caused to the Buyer as a result of improper use of the Products previously ordered on the website https://www.davydenkobeauty.com and purchased from the Seller.
8.2. The Seller is not liable for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
8.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
9. Force Majeure CIRCUIT
9.1 The Parties are exempt from liability for failure to fulfill or improper fulfillment of obligations under the terms of the Agreement for the duration of force majeure. Force majeure means extraordinary and irresistible circumstances under the given conditions that prevent the Parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, large-scale strikes, epidemics, etc.), prohibitive measures of state bodies (ban on transportation, currency restrictions, international sanctions, bans on trade, etc.). During this time, the Parties have no mutual claims and each Party assumes its own risk for the results of force majeure.
10. INFORMATION AND ITS USE
10.1. The Seller collects and processes the Buyers' personal data (namely: the Buyer's name, delivery address, contact numbers, etc.) for the purpose of:
fulfilling the terms of this Agreement;
delivering the ordered products to the Buyer.
10.2. By ordering goods through the Online Store, the Buyer consents to the collection and processing of the provided information.
10.3. Only persons directly involved in the execution of the order have access to the Buyer's personal data.
10.4. The Buyer grants the Seller the right to process his personal data, including: placing personal data in the Buyer's databases (without additional notification of the Participant about this), storing data for life, accumulating, updating, changing them (as necessary).
10.5 The Seller undertakes: to maintain confidentiality of the Buyer's personal data; to prevent attempts at unauthorized use of the Buyer's personal data by third parties; to exclude access to the Buyer's personal data by persons who are not directly related to the execution of the application, except for cases provided for by the current legislation of Ukraine.
11. COPYRIGHT
11.1. All text information and graphic images posted on the website of the Online Store: https://www.davydenkobeauty.com are the property of the Seller.
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Email:
davydenkobeauty@gmail.com
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