PUBLIC AGREEMENT (offer)
to order, purchase and sell and deliver goods
This agreement is an official and public offer of the seller to conclude a sale and purchase agreement for the Goods presented on the website https://cooljewelry.biz This agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of their status ( individual, legal entity, individual entrepreneur) without preference for one buyer over another. By entering into this Agreement, the buyer fully accepts the conditions and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for an unfair order, and all other terms of the contract. The contract is considered concluded from the moment you click the "Confirm order" button on the ordering page in the "Cart" section and the Buyer receives an electronic order confirmation from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the "Offer") is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude a contract for the sale and purchase of goods by remote means with the Seller (hereinafter referred to as the "Agreement") on the terms contained in this Offer.
1.2. Product or Service - an object of an agreement between the parties, which was chosen by the buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.3. Online store - the Seller's website at https://cooljewelry.biz was created to conclude contracts for retail and wholesale purchase and sale on the basis of the Buyer's acquaintance with the description of the Goods proposed by the Seller using the Internet.
1.4. The buyer is a capable individual who has reached the age of 18, receives information from the seller, places an order for the purchase of goods, which is presented on the website of the online store for purposes not related to the implementation of entrepreneurial activities, or a legal entity or individual entrepreneur.
1.5. The seller is a private entrepreneur Ershov A.I. (Identification code 2699812671), an individual who is created and operates in accordance with the current legislation of Ukraine, whose location: 18007, Cherkasy, st. Smelyanskaya, 36
2. Subject of the Agreement
2.1. 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.
2.2. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of complete and unquestioning acceptance by the Buyer of the terms of the Agreement is the date the Buyer completes the order form located on the website of the online store, provided that the Buyer receives an order confirmation in electronic form from the Seller. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3.1. The buyer independently places an order in the online store through the "Basket" form or by placing an order by e-mail or by phone specified in the contact section of the online store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or causes suspicion about their validity.
3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to complete the order:
3.3.1. surname, name of the Buyer;
3.3.2. the address to which the product should be delivered (if delivery is to the Buyer's address)
3.3.3. contact number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the online store.
3.5. If any of the Parties to the agreement needs additional information, he has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the seller's operator (clause 3.1. Of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the website of the online store or when placing an Order through an operator. After placing the Order through the Operator, the data about the Buyer is entered into the seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.9. By concluding the Agreement, that is, accepting the terms of this offer (the proposed conditions for purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully familiar with and agrees with the terms of this offer (offer)
b) he gives permission for 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 an agreement, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of collecting data, and that his personal data is transferred to the Seller in order to be able to fulfill the conditions of this Agreement, the possibility of making mutual settlements, as well as for receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional messages from the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
4. Price and Delivery of the Goods
4.1 Prices for goods and services are determined by the Seller independently and are indicated on the website of the online store. All prices for goods and services are indicated on the website in UAH including VAT.
4.2 Prices for goods and services may be changed by the Seller unilaterally depending on market conditions. In this case, the price of a separate unit of the Goods, the cost of which was paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods that is indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller can indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a corresponding request by sending a letter to the e-mail or when placing an order through the operator of the online store.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.
4.7. Payments between the Seller and the Buyer for the Goods are made in the ways indicated on the website of the online store in the section "Payment and Delivery".
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods to qualitative and quantitative characteristics (name of goods, quantity, completeness, shelf life).
4.9. When accepting the Goods, the Buyer or his representative confirms with his signature on the sales receipt / or order / or bill of lading for the delivery of goods, which has no complaints about the number of goods, the appearance, and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his representative from the moment the Buyer receives the Goods in the city of delivery of the Goods upon independent delivery of the Goods from the Seller, or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The seller is obliged:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Do not disclose any private information about the Buyer and do not provide access to this information to third parties, except as otherwise provided by law and when fulfilling the Buyer's Order.
5.2. The seller has the right:
5.2.1 Change the terms of this Agreement, as well as the prices of goods and services unilaterally by posting them on the website of the online store. All changes come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 By the time of the conclusion of the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the online store.
5.3.2 In fulfillment by the Seller of his obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient to deliver the ordered goods to the Buyer.
6. Return of goods
6.1. The Buyer has the right to return to the Seller a non-food product of good quality if the product does not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used by him for its intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. Return of good quality goods is carried out if it has not been used and if its presentation, consumer properties, packaging, seals, labels, as well as a payment document issued to the Buyer for payment of the goods are preserved. The list of goods not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. Returning the value of the goods to the Buyer of the proper quality goods are made within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 6.1. Of the Agreement, the current legislation of Ukraine.
6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.
6.4. The return of the Goods of good quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not refund the Buyer.
6.5. In the event that defects in the product are revealed during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights". When claims are made for the gratuitous elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at their disposal and physical access to such goods.
6.6. Consideration of the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller, provided that the Buyer submits the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods arising after its transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased it, (including, at the Buyer's request, non-standard sizes, characteristics, appearance, equipment, etc. ). Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics indicated in the online store.
6.8. Return of goods in cases stipulated by law and this Agreement is carried out at the address indicated on the website in the "Contacts" section
7.1. The Seller is not responsible for damage caused to the Buyer or third parties due to improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for the improper, untimely execution of Orders and their obligations in the event that the Buyer provides inaccurate 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 is exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure such as war or military action, earthquake, flood, fire, and other natural disasters that arose regardless of the will of the seller and/or the buyer after the conclusion actual agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party about it.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as performing other actions provided for by the Law of Ukraine "On the Protection of Personal Data », Without limiting the period of validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor-quality performance or failure to fulfill its obligations due to the irrelevance of the information about the Buyer or the inconsistency of its reality.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If the settlement of the dispute is not achieved through negotiations, the Buyer and/or the Seller has the right to apply for a dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally, provided for in clause 5.2.1. Of the contract. In addition, amendments to the Agreement can also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
CHP Yershov A.I.
18007, Cherkasy, st. Smelyanskaya, 36
p / UA633052990000026003021603196
JSC CB PRIVATBAN