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 – the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller to enter into a contract of sale of Goods, pictures of which are placed in the relevant section of the Website http://w8less.com.ua/, with the Buyers.
The Sellers intending to sell the Goods through the Website http://w8less.com.ua/ and the Buyers, when purchasing the Goods, pictures of which are placed on the relevant pages of http://w8less.com.ua/, accept the terms of this Agreement on the following.
- GENERAL PROVISIONS
1.1 The contractual relationship between the Seller and the Buyer shall be executed in the form of a Public Offer Agreement. By clicking on the page of the website http://w8less.com.ua/ in the relevant section of the button “place an order” means that the Buyer, regardless of status (individual, legal entity, individual-entrepreneur), under the current international and Ukrainian legislation, has taken for execution the conditions of the Public Offer Agreement, which are listed below.
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 status (individual, legal entity, individual-entrepreneur). At full agreement with the present Agreement the Buyer accepts the terms and procedure of ordering, payment and delivery of goods by the Seller, responsibility for unfair order and for non-fulfillment of the terms of the present Agreement.
1.3 This Contract comes into force from the moment of clicking on the “ORDER” button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and pays the Seller in full.
1.4 To regulate contractual legal relations under the Contract the Parties shall choose and, if necessary, apply Ukrainian legislation. If the international treaty, agreed to be binding by the Verkhovna Rada of Ukraine, establishes other rules than those established by the Ukrainian legislation, the rules of the international treaty are applied.
- TERMS AND DEFINITIONS
“Public Offer Agreement” – a public agreement, a sample of which is posted on the Websitehttp://w8less.com.ua/and application of which is mandatory for all Sellers, containing the Seller’s offer to purchase Goods, the image of which is posted on the Website http://w8less.com.ua/, sent to an indefinite number of persons, including Buyers.
“Acceptance” – Buyer’s acceptance of Seller’s offer to purchase the Goods, the image of which is posted on the Website http://w8less.com.ua/, by adding them to the virtual shopping cart and sending the Order.
“Product” – the item of commerce (product, model, accessory, accessories and related items, any other items of commerce) for the purchase of which the Seller’s offer is posted on the Website http://w8less.com.ua/.
“Buyer” – any capable individual, legal entity, individual-entrepreneur, according to the current international and Ukrainian legislation, who visited the Websitehttp://w8less.com.ua/ and has the intention to purchase this or that Commodity.
“Seller” – any legally capable natural person, legal entity, individual entrepreneur, according to the current international and Ukrainian legislation, which are the owners or distributors of Goods and with the help of the Website http://w8less.com.ua/ have the intention to sell it.
“Order” – the Buyer’s duly executed and placed on the Website http://w8less.com.ua/ application for the purchase of Goods addressed to the Seller.
“Legislation” – norms established by Ukrainian or international legislation to regulate contractual legal relations under the Contract.
“Essential defect of Goods” – a defect that makes it impossible or unacceptable to use Goods in accordance with its intended purpose, arose through the fault of manufacturer (Seller), after its elimination it appears again for reasons independent of the consumer.
- SUBJECT MATTER
3.1 The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the corresponding page of the Website http://w8less.com.ua/, and the Buyer undertakes to buy the Goods and pay the money for them on the conditions and in the manner specified in this Agreement.
3.2 The Seller guarantees that the Goods are not pledged, are not the subject of dispute, are not under arrest, and that they do not have any rights of third parties.
3.3 The Seller and the Buyer confirm that the Contract in force is not a sham or sham transaction or a transaction made under the influence of pressure or fraud.
3.4. The Seller confirms that he has all necessary permits to conduct business activities that regulate the sphere of legal relations arising and acting in the process of execution of this Agreement, as well as guarantees that he has the right to manufacture and/or sell 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 goods.
- SELLER’S RIGHTS AND OBLIGATIONS
4.1 The Seller shall:
comply with the terms of this Contract
fulfill the Buyer’s orders in case of receipt of payment from the Buyer;
transfer the Goods to the Buyer according to the selected sample on the corresponding page of the Websitehttp://w8less.com.ua/, the executed order and the conditions of the present Contract;
to check the quality and quantity characteristics of Goods during their packing at the warehouse;
4.2 Seller has the right:
unilaterally suspend services under this Contract at any time and return the payment to the Buyer.
Business entity from among the persons offering for purchase on the Website http://w8less.com.ua/Товар according to the unified agreed rules set forth in this contract of public offer.*
5. BUYER’S RIGHTS AND OBLIGATIONS
5.1 The Buyer shall:
timely pay and receive the order under the terms of this Agreement;
familiarize himself with the information about the Goods, posted on the Website http://w8less.com.ua/;
upon receipt of the Goods from the person who delivered them, check the integrity and completeness of the Goods by inspecting the contents of the package. If the Goods are damaged or incomplete, notify the Seller immediately, not later than within 24 hours of receiving the Goods.
5.2 The Buyer has the right:
place an order on the relevant page of the Website http://w8less.com.ua/;
demand from the Seller to fulfill the terms of this Agreement;
- ORDER PROCESS
6.1 The Buyer independently places an order on the corresponding page of the Website http://w8less.com.ua/путем adding the Goods to the virtual cart by clicking on the button “To cart!”, or by placing an order by e-mail, or by phone number, or in one of the social networks specified in the contact section of the Website http://w8less.com.ua/.
6.2. The term of formation of the Order is up to 3 working days from the moment of its execution. If the order is sent on a weekend or holiday, the period of formation begins with the first working day after the weekend.
- CONTRACT PRICE AND PAYMENT PROCEDURE
7.1 The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Website http://w8less.com.ua/. The price of the Agreement is determined by adding the prices of all selected Commodities placed in the virtual shopping cart and the delivery price, which is determined depending on the method of delivery 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 or nomenclature of the goods.
7.3 The Buyer can pay for the Order in the following ways:
1) by bank transfer to the current account of the Seller, specified in the invoice, including by means of Internet banking (the Buyer shall pay for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) By a credit card of the following type:
4) any other way as agreed with the Seller.
Note. When the Buyer pays for the order by payment card, additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order by payment card, additional commission may be charged when the Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. By pressing the “ORDER” button on the page of the Website http://w8less.com.ua/ in the relevant section means that the Seller has notified the Buyer of the possibility of charging an additional fee when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuer.
- РАTERMS OF DELIVERY
8.1 The Buyer receives the Goods by means of delivery, or receives them in person. The order of payment and receipt is indicated on the corresponding page of the Website http://w8less.com.ua/.
8.2 At delivery of Goods to other cities of Ukraine or on the territory of other country, carried out by other Delivery Services (hereinafter referred to as Carrier Companies) the Buyer fully and unconditionally agrees with the Rules of cargo transportation by these Carrier Companies.
8.3 The Buyer shall confirm the fact of receipt of the Goods and the absence of any complaints about the quality of the Goods delivered by the Carrier Companies by signing the consignment note, the Carrier Company Declaration, or the delivery note when receiving the Goods. For its part, the Seller guarantees the shipment of the Goods to the Forwarder Company in the quantity specified and paid for by the Buyer, complete in accordance with the specification of these 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 the Buyer’s refusal to receive the Goods for unjustified reasons, the Goods shall be returned to the shipping center by the courier company. Payment for the services of the Carrier Company shall be deducted from the amount transferred by the Buyer for the Goods. The remainder of the amount shall be returned to the Buyer on the basis of his/her letter sent to e-mail: email@example.com with the indication of the settlement account to which the funds are to be returned.
All questions arising in the process of payment and receipt of Goods, the Buyer can clarify by contact information in the Contact Us section.
9.1 In accordance with Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange Goods of adequate 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 are not subject to exchange (return).
9.2 If the Buyer intends to return the Goods, the Buyer shall notify of such intention within five (5) days of receiving the Goods. Such return shall be made in accordance with the “Return” section of the Website, taking into account the rules and conditions of the carrier or courier, valid on the territory of Ukraine or on the territory of another country according to the place of Goods receipt.
9.3 In case of any defect of Goods, the Buyer is obliged to fix it by photo- or video-recording means and to transfer this information to the Seller. Within 1 (one) day after receiving the Goods, the Buyer is obliged to inform the manager (the Seller’s representative responsible for the ordering of the Goods) about the defects and agree on the replacement of the Goods.
9.4 When returning the Goods for exchange or return, the Buyer shall return the Goods in the original packaging, with tags and price tags and in the full package received.
9.5 In order to return money for the Goods the Buyer must provide the following information:
– RNOCPP of the card (TIN of the Buyer)
– Name / Surname – full name of the recipient (cardholder).
– Account number in IBAN format.
9.6 The Parties have agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the receipt by the Buyer of Goods in proper condition – without any mechanical damage and in full completeness is acknowledged.
10.RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1 The Parties are liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the applicable international and Ukrainian legislation.
10.2 In the event of disputes related to the performance of this Contract by the Parties, except for disputes about the recovery of debt from the Buyer, the Parties shall resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is seven (7) calendar days from the date of its receipt. In disputes relating to the recovery of debts 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, including those related to its performance, breach, termination or invalidity, shall be settled in the relevant court in accordance with international and Ukrainian substantive and procedural law.
11. EXTRAORDINARY CIRCUMSTANCES
11.1 The parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are actually beyond the control of such party, occurring after the conclusion of this Agreement, having unpredictable and unavoidable nature.
Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances have directly affected the performance of this Contract.
11.2 The Party, for which it has become impossible to fulfill 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 circumstances, and within thirty (30) calendar days provide the other Party with confirmation of the force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by the authorized state body located at the place of force majeure occurrence.
11.3 The time required by the Parties to perform their obligations under this Agreement will be extended for any period during which performance has been delayed due to the listed circumstances.
11.4 If due to the force majeure circumstances the failure to perform the obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other Party in writing.
Notwithstanding the occurrence of force majeure, prior to the termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
- OTHER CONTRACTUAL TERMS
12.1 The information provided by the Buyer is confidential. Information about the Buyer is used only for the purposes of fulfilling his Order (sending a message to the Seller about ordering Goods, sending promotional messages, etc.).
12.2. By his own acceptance of the Contract or by registering on the Website http://w8less.com.ua/ (filling in the registration form), the Buyer voluntarily consents to the collection and processing of his personal data with the following purpose: the data that become known will be used for commercial purposes, including for processing orders to purchase goods, receiving information about the Order, sending promotional and special offers, information about promotions, raffles or
The Buyer has the right to receive letters, messages and materials to the postal address and e-mail of the Buyer, as well as to send sms-messages and make calls to the telephone number specified in the questionnaire for the purposes provided by this paragraph.
12.3 The Buyer gives the right to process his personal data, including: to place personal data in databases (without further notice), to perform lifetime storage of data, their accumulation, update, change (as necessary). The Seller undertakes to ensure protection of data from unauthorized access by third parties, not to distribute and not to transfer data to any third party (except transferring data to related persons, commercial partners, persons authorized by the Seller to perform direct data processing for specified purposes, as well as at the mandatory request of the competent state authority).
12.4 If the Buyer does not wish to receive the newsletter, the Buyer shall have the right to contact the Seller by writing an application for refusal to receive promotional 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 the order. The Buyer is responsible for the accuracy of the information provided when placing the order.