Agreement public offer
The text below is a Public Offer Agreement (within the meaning of Articles 633 and 641 of the Civil Code of Ukraine) between Sole Proprietor Strebkov Mykola Kostiantynovych hereinafter — the Seller) and an individual (hereinafter — the Buyer), which contains all essential terms governing distance sale of Goods (i.e. via the Online store). Hereinafter the Buyer and the Seller are jointly referred to as – the Parties, and each individually as – a Party.
1. General provisions.
1.1. The terms of this Agreement govern the relationship between the Seller and the Buyer regarding the purchase of Goods through the Online store and are uniform for all Buyers.
1.2. The legal relations under this Agreement are governed exclusively by Ukrainian law, in particular by the Law of Ukraine “On Consumer Rights Protection” No. 1023-XII of 12 May 1991, the Civil Code of Ukraine No. 435-IV of 16 January 2003, the Law of Ukraine “On Electronic Commerce” No. 675-VIII of 3 September 2015.
2. Terms and definitions.
2.1. “Online store” — a means of presenting or selling Goods by way of an electronic transaction, namely the website owned by the Seller located at https://rikkyhypeofficial.com/ (hereinafter — the Website), created for the conclusion of purchase-and-sale agreements based on the Buyer’s familiarization with the Goods offered by the Seller via photographs on the Website, as well as its specifications, via the Internet, which excludes the possibility of the Buyer’s direct examination of the Goods or samples thereof.
2.2. “Goods” – items offered by the Seller for purchase in the Online store, or already purchased by the Buyer from the Seller remotely.
2.3. “Seller” — Sole Proprietor Balynets Nazarii Volodymyrovych
2.4. “Buyer” – an individual with full legal capacity – a Website user who intends to purchase Goods and accepts the terms of this Agreement, i.e. the public offer of the Online store, or who has already purchased Goods;
2.5. “Order” – the agreement reached between the Buyer and the Seller on the type of Goods, model, color, quantity, total amount payable under the Agreement, payment method, delivery method, and completion deadline.
2.6. “Application” — a written (electronic) expression of the Buyer’s intent to purchase the Goods. It may be placed by:
2.6.1. using the special “Shopping Cart” menu on the Website;
2.6.2. selecting the “Place order” and “Order confirmation” functions on the Website.
3. Subject of the Agreement.
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement. The text of the Public Offer Agreement (hereinafter — the Agreement) is posted on the Website.
3.2. Placing the Order confirms that the Buyer accepts and agrees to all the terms of this Agreement.
3.3. The date of conclusion of the Agreement is the date of payment by the Buyer on the Website or by bank transfer (by bank card number). The payment date is the date funds are credited to the Seller’s bank account via the LiqPay payment service.
4. Order placement procedure.
4.1. The Buyer places an Order independently on the Website in the Online store, choosing the method available on the Website, namely:
4.1.1. by using the special “Shopping Cart” menu on the Website, adding the selected Goods to it;
4.1.2. by selecting “Place order” and “Order confirmation” functions on the Website.
4.2. The amount payable for the Order is shown in the “Shopping Cart” menu on the Website.
4.3. When placing the Order, the Seller offers the Buyer to pay the price for the Goods on the Website via LiqPay or by cash on delivery (via the Nova Poshta delivery service).
4.4. The Seller may seek any clarifications regarding the Order by calling the phone number provided by the Buyer when placing the Order.
5. Order payment procedure.
5.1. When placing the Order, the Buyer pays the full price of the Goods to the Seller.
5.2. The Buyer pays for the Order with a Visa or Mastercard card of any bank via the LiqPay payment service.
6. Delivery term, price and conditions of the Goods.
6.1. Delivery of Goods is carried out throughout Ukraine, except for the Autonomous Republic of Crimea and the ATO territories, every day without weekends by the carrier Nova Poshta.
6.2. When placing the Order, the Buyer can choose one of the offered delivery methods.
6.3. The delivery time depends on the Buyer’s location.
6.4. All necessary delivery information is provided by the Buyer when placing the Order on the Website or when the Order is clarified by a manager by phone.
6.5. The Seller makes every effort to meet the delivery times indicated on the carriers’ websites; however, delays are possible due to unforeseen circumstances beyond the Seller’s control (force majeure).
6.6. The delivery price depends on the weight of the Goods and the carrier’s current rates and is paid by the Buyer separately. When placing the Order, the Buyer may inquire about the weight of the Goods from the Seller (the Website manager).
7. Obligations of the Seller. The Seller is obliged to:
7.1. Perform the terms of this Agreement.
7.2. Fulfill the Buyer’s Order upon acceptance and receipt of payment in the manner specified by this Agreement.
7.3. Transfer the Goods to the Buyer in accordance with the Order, provided the Buyer fulfills the terms of this Agreement.
7.4. Check the qualitative and quantitative characteristics of the Goods during packaging.
7.5. If the Buyer receives faulty or defective Goods through the Seller’s fault, replace such Goods with an equivalent.
8. Buyer obligations.
8.1. Before placing the Order, the Buyer undertakes to:
8.1.1. Review the information about the Goods posted on the Website;
8.1.2. Review and accept the terms of this Agreement or refuse to place the Order if the terms are unacceptable;
8.2. After placing the Order, the Buyer undertakes to:
8.2.1. Pay 100% (one hundred percent) of the price of the Goods.
8.2.2. Upon receipt of the Goods, immediately inspect them, verify completeness and conformity with the Order. In case of defects or damage (hereinafter — defects) it is necessary to notify the Seller within 14 (fourteen) calendar days from the moment of receipt of such Goods.
9. Procedure for receipt and return of the Goods.
9.1. Upon receipt of the Goods, the Buyer must verify their integrity and completeness by inspecting the packaging contents.
9.2. In case of defects, the Buyer notifies the Seller’s representative (the manager responsible for processing the Order) within 14 (fourteen) calendar days from the moment of receipt of such Goods and arranges for replacement of the Goods. Detected defects must be recorded by photo or video.
9.3. The Parties agree that failure to follow the mandatory procedure constitutes acknowledgement that the Buyer received the Goods in good condition without damage or defects.
9.4. If defects are found, the Buyer may request a refund or replacement of the Goods with an equivalent of proper quality.
9.5. If due to defects the Buyer wishes to return the money paid for the Goods, the Seller is obliged to return the funds within 30 (thirty) calendar days from the moment the Buyer expresses such a wish. After the Seller refunds the money, the Buyer is obliged to send the Goods back to the Seller within 30 (thirty) calendar days from the moment of the refund.
10. Liability of the Parties.
10.1. The Parties are liable for non-performance or improper performance of this Agreement as provided by this Agreement and applicable Ukrainian law.
10.2. If non-performance or improper performance of this Agreement by one Party caused damages to the other Party, the responsible Party shall fully reimburse the documented damages.
10.3. Payment of a fine or penalty does not release the responsible Party from performance of its contractual obligations.
10.4. In case of force majeure, the Parties are released from performance of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable and unforeseeable nature, that exclude the possibility of or objectively prevent performance of this Agreement and that the Parties could not foresee or prevent by reasonable measures.
10.5. The Party invoking force majeure must, within 10 (ten) calendar days notify the other Party of such circumstances.
10.6. The Party invoking force majeure must provide appropriate confirmation (a certificate issued by the chamber of commerce and industry is sufficient confirmation of the existence and duration of force majeure).
11. Other terms.
11.1. The Online store reserves the right to unilaterally amend this Agreement with prior publication on the website https://staging.monocaso.com/
11.2. The Online store is created to organize remote sales of Goods via the Internet.
11.3. The Online store is not responsible for the content or accuracy of information provided by the Buyer when placing an Order.
11.4. The Buyer is personally responsible for the accuracy of the information provided when placing the Order.
11.5. Full and unconditional acceptance of this public offer, in accordance with Article 642 of the Civil Code of Ukraine, is the fact of payment by the Buyer for the Order placed in the Online store.
11.6. An Agreement entered into by the Buyer by accepting this public offer has legal force under Article 642 of the Civil Code of Ukraine and is equivalent to a contract signed by the Parties. Acceptance of this public offer means the Buyer’s full agreement with the terms of this purchase-and-sale Agreement of the Goods (the public offer of the Online store).
11.7. The Agreement is entered into through information and telecommunication systems and is deemed concluded in writing.
11.8. Use of the Online store to browse Goods and place Orders is free of charge for the Buyer.
11.9. Information provided by the Buyer is confidential. The Online store uses Buyer information solely for the operation of the Online store.
11.10. By accepting this Agreement or placing an Order, the Buyer voluntarily consents to the collection and processing of his/her personal data for the following purposes: data made available to the Seller will be used for commercial purposes, including processing Orders for the purchase of Goods, receiving information about the Order, sending by telecommunication means (email, mobile communications) promotional and special offers, information about promotions or any other information about the Online store’s activities. For the purposes provided in this clause, the Seller has the right to send letters, notifications and materials to the Buyer’s postal address and email.
11.11. The Buyer grants the Seller the right to process his/her personal data, including: using personal data from the Buyer’s database (without additional notification to the Buyer), perform indefinite storage, accumulation, updating, and modification of data (as needed). The Buyer undertakes to ensure data protection from unauthorized third-party access, not to disclose or transfer to any third party (except for transfer to related persons, commercial partners, persons authorized by the Seller to perform direct data processing for the specified purposes, as well as upon mandatory request from a competent state authority).
11.12. If the Buyer does not wish to receive newsletters, the Buyer may contact the Seller in writing requesting to opt out of promotional materials, by post or email.
11.13. The Buyer confirms that they have been informed of the procedure and terms of processing of their personal data.
11.14. The Seller warns that the Goods may differ slightly from their images in the Online store.
11.15. This Agreement is an adhesion contract in accordance with Article 634 of the Civil Code of Ukraine.
11.16. Any claims may be sent to the Seller’s address.
12. Duration of the Agreement and procedure for its termination.
12.1. This Agreement enters into force from the moment of the Buyer’s acceptance (receipt of payment for the Goods from the Buyer to the Seller’s account) and remains in force until full performance of obligations by the Parties, except for cases of its early termination.
12.2. Prior to expiration, this Agreement may be terminated by mutual written consent of the Parties, except as provided in this Agreement.
13. Dispute resolution.
13.1. Any disputes arising out of or in connection with this Agreement shall be resolved by the Parties through negotiations.
13.2. If the Parties cannot reach agreement on a disputed issue, such dispute shall be resolved in court in accordance with applicable Ukrainian law.