Public Offer Agreement
- GENERAL PROVISIONS
The online store OLEO-MAC.IN.UA (hereinafter - the Seller) publishes this contract, which is a public contract-offer (hereinafter the Contract) on the purchase and sale of goods remotely.
The contract defines the procedure for the Seller to sell goods through the Internet store in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine (hereinafter CCU), the Rules for the sale of goods to order and outside retail or office premises, approved by the order of the Ministry of Economy of Ukraine dated 19.04.2007 No. 103 and is a public offer of the Seller, addressed to an unspecified circle, as individuals, as well as legal entities (hereinafter the Buyer).
The fact that the Buyer makes an order, verbally (by phone) or in writing (via the website), and the Seller receives this order is a full and unconditional acceptance of this public contract and the information presented on the website.
The Seller and the Buyer guarantee that they have the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement.
On the basis of the above, carefully read the text of the public offer, and if you do not agree with any item of the offer, you are invited to refuse the purchase of goods and services provided by the Seller.
In this Agreement, unless the content requires otherwise, the following terms should be interpreted as follows:
"Offer" - a public offer of the Seller, addressed to any natural or legal person, for the purpose of concluding a sales contract, on the existing conditions specified in the Contract.
"Product" - the list of names of the assortment presented on the Seller's official website.
"Seller" - an organization, regardless of its organizational and legal form, and/or an individual entrepreneur who sells goods presented in the online store.
"Buyer" - a natural or legal entity that has entered into contractual relations with the Seller on the terms specified in the Agreement.
"Order" - individual items from the assortment list of goods specified by the Buyer when placing the application on the Seller's website.
"Courier delivery" - direct transfer of goods from the seller to the buyer by an independent contractor who provides services to the Seller in accordance with a separate concluded contract.
"Online store" - the web page of the seller OLEO-MAC.IN.UA
- OBJECT OF THE AGREEMENT
2.1. This Agreement is an official document of the Seller and an integral part of the offer.
2.2. The Seller sells the goods in accordance with the prices valid at the time of placing the order, and the Buyer makes payment and accepts the goods in accordance with the terms of this Agreement.2.3. The contract regulates the purchase and sale of goods in the online store, including:
- voluntary choice by the Buyer of goods in the online store;
- self-registration of the order by the Buyer in the online store;
- payment by the Buyer of the order made in the online store;
- processing and delivery of the order to the Buyer under the terms of this Agreement.
- ORDER PROCEDURE
3.1. The Buyer's order can be placed through the operator or by filling out an electronic order form on the website of the online store.
3.2. The buyer has the right to place an order for any product presented on the website of the online store and available.
3.3. If the product is not available, the Buyer has the right to replace it with a similar product, or refuse this product, cancel the order.
3.4. When placing an order through the operator or using an electronic form on the website of the online store, the Buyer thereby 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.
3.5. When placing an order through the operator or using an electronic form on the website of the online store, the Buyer undertakes to provide the following registration information about himself:
3.5.2. Actual delivery address;
3.5.3. Contact phone number.
And other information specified in the registration form on the website.
3.6. The Seller is not responsible for the content and reliability of the information provided by the Buyer when placing the order.
3.7. The buyer is responsible for the accuracy of the information provided when placing the order.
- PRICE OF THE GOODS
4.1. The prices in the online store are indicated in the national currency of Ukraine (hryvnia) per product unit according to the existing price list.
4.2. The Seller reserves the right to change the price of the product before the order is placed without warning the Buyer.
4.3. The price specified by the operator when placing the order is final.
4.4. The prices indicated on the kaifui.com website are indicative in nature.
- PAYMENT FOR GOODS
5.1. In the case of cash payment, the Buyer is obliged to pay the Seller the price of the goods at the time of its transfer, unless otherwise stipulated by the agreement or contract between the parties.
5.2. Payment for goods and services of the kaifui.com online store is made in the national currency of Ukraine in accordance with the prices and tariffs established at the time of purchase.
5.3 Payment for the goods of the online store is made in accordance with the "SHIPPING AND PAYMENT" section published on the OLEO-MAC.IN.UA website. Payment is credited only if the procedure published on the site is followed.
5.4. In case of non-payment, incomplete or untimely payment, the online store reserves the right not to provide the goods, to suspend or completely fail to fulfill the obligations assumed and at the same time is not responsible for the possible consequences of such a decision / actions.
5.5. With a non-cash form of payment, the Buyer's obligation to pay the price of the goods is considered fulfilled from the moment the relevant funds are credited to the Seller's current account.
5.6. With a non-cash form of payment, the Seller or courier is obliged to present the Buyer with a document confirming the fact of payment for the goods (payment order, payment receipt, etc.).
5.7. The prices for any product items can be changed unilaterally by the Seller. In the event of a change in the price of the order of the item before payment for the order, the Seller is obliged to notify the Buyer of such changes as soon as possible. The buyer has the right to confirm or cancel the order. If there is no communication with the Buyer, the order is considered canceled within 24 hours from the moment of the change in the price of the product.
- DELIVERY OF GOODS
6.1. The order and terms of delivery of the ordered goods shall be agreed by the Buyer with the operator of the online store at the time of making the purchase or after reading the relevant information on the website of the online store.
6.2. Courier delivery of the order to the Buyer is carried out upon agreement with the Buyer and to the address specified by him.
6.3. Pickup is carried out by the Buyer from the Seller's public catering establishment at the address indicated on the OLEO-MAC.IN.UA website.
6.4. When receiving the goods, the customer must check the conformity of the goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date) in the presence of the Seller's representative.6.5. The order is delivered within the delivery zone (the delivery zone is specified on the OLEO-MAC.IN.UA website or can be specified by phone).
- RIGHTS AND OBLIGATIONS LANGUAGES OF THE PARTIES
7.1. The seller undertakes:
7.1.1. Not to disclose any private information of the Buyer and not to provide access to this information to third parties, except for the cases provided for by the current legislation of Ukraine.
7.1.2. Provide the Buyer with the opportunity to receive free telephone consultations at the telephone numbers indicated on the OLEO-MAC.IN.UA website. The scope of consultations is limited to specific issues related to placing an order.
7.1.3. The seller reserves the right not to fulfill the order in case of force majeure.
7.1.4. The seller reserves the right to change this Agreement unilaterally before the moment of its conclusion.
7.2. The Seller is not responsible for improper use of goods by the Buyer ordered in the online store.7.3. The seller has the right to transfer his rights and obligations to fulfill orders to third parties.
7.4 The buyer undertakes:
7.4.1. Before contacting the online store, familiarize yourself with the content of the Offer Agreement, the terms of delivery and payment on the store's website.
7.5. Ownership of the order, as well as the risk of its accidental damage or loss, passes to the Buyer from the moment of delivery of the goods.
- Force majeure CIRCUMSTANCES
8.1 The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under the terms of the contract during 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 (wars, states of emergency, large-scale strikes, epidemics, etc.), prohibitory measures of state bodies (transport bans, currency restrictions, international sanctions , trade bans, etc.). During this time, the parties have no mutual claims and each party assumes its own risk for the results of force majeure circumstances.
- INFORMATION AND ITS USE
- fulfillment of the terms of this Agreement;
- delivery of products ordered by the Buyer to the Buyer.9.2. By ordering goods through the online store, the Buyer consents to the collection and processing of the provided information.
9.3. Only persons directly involved in the execution of the order have access to the Buyer's personal data.
9.4. The Seller undertakes to: observe confidentiality regarding the personal data of Buyers; prevent unauthorized use of Buyers' personal data by third parties; to exclude access to personal data of Buyers of persons who are not directly related to the execution of the application, except for cases provided for by the current legislation of Ukraine.
- SALE OF GOODS
10.2. In case of impossibility or untimely performance of the assumed obligations due to the circumstances set forth in Clause 10.1 (excluding "force majeure"), the online store is liable within the limits of the amounts received from customers as payment for goods.< /p> 10.3. The online store does not bear and under no circumstances can bear any material responsibility that goes beyond the sums received from the client as payment for goods and services.
10.4. The online store reserves the right to refuse to provide services or sell goods to the Buyer if he does not have the opportunity to provide the corresponding goods.
10.5. Money paid by the Buyer is not returned in the following cases:
1) refusal by the client of the received goods after payment and receipt from the courier;
2) if this product is of appropriate quality.