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CheckoutPUBLIC CONTRACT (OFFER)
to order, purchase and sale and delivery
of goods
This agreement is an official and public offer of
the Seller to conclude a contract for the sale of the Goods presented on the
website https://www.ankobags.com.ua/. This agreement is public, that is, in
accordance with 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
concluding 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 other terms of the contract. The Agreement is
considered concluded from the moment the "Confirm Order" button is
pressed on the order placement 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 an agreement for the sale of goods remotely with the
Seller (hereinafter referred to as the “Agreement”) on the terms contained in
this Offer.
1.2. Goods or Service - an object of agreement
between the parties, selected 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.
1.2. Online store - the Seller's website at
https://www.ankobags.com.ua/ created for the conclusion of retail and wholesale
sales contracts based on the Buyer's familiarization with the description of
the Goods proposed by the Seller using the Internet.
1.3. The Buyer is a capable natural person who has
reached the age of 18, receives information from the Seller, places an order
for the purchase of goods presented on the website of the Online Store for
purposes not related to business activities, or a legal entity or an individual
entrepreneur.
1.4. Seller - Individual entrepreneur Korotchenko
Polina Andreevna (identification code 3552713405), a legal entity established
and operating in accordance with the current legislation of Ukraine, whose
location is: Ukraine, Kiev, st. Banking house. 3
2. Subject of the Agreement
2.1. The Seller
undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay
for and accept the Goods on the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement
(offer acceptance) and the moment of full and unconditional acceptance by the
Buyer of the terms of the Agreement is the date the Buyer fills out the order
form posted on the website of the online store, provided that the Buyer
receives an order confirmation from the Seller in electronic form. If
necessary, at the request of the Buyer, the Agreement may be executed in
writing.
3. Placing an Order
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, indicated in the contacts 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 suspicious of 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 Goods should be
delivered (if the 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
chosen 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.
3.6. Acceptance by the Buyer of the terms of this
Offer is carried out by entering the relevant data into the registration form
on the website of the online store or when placing an Order through the
operator. After the Order is placed through the Operator, the Buyer's data is
entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of
the information provided when placing the Order.
3.8. By concluding the Agreement, that is, by
accepting the terms of this offer (the proposed conditions for the purchase of
the Goods), by placing an Order, the Buyer confirms the following:
a) the Buyer
is fully and fully acquainted with and agrees to the terms of this proposal
(offer);
b) he gives permission to collect, process and
transfer 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, the conclusion of the contract, 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 data collection, 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 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 notice to the Buyer to fulfill the Buyer's order. The scope of the
rights of the Buyer as a subject of personal data in accordance with the Law of
Ukraine "On the Protection of Personal Data" is known and
understandable to 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 hryvnias,
including VAT.
4.2 Prices for goods and services may be changed by
the seller unilaterally depending on market conditions. At the same time, the
price of an individual unit of the Goods, the cost of which is 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 Buyer pays the cost of delivery of the Goods 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 indicated on the website
of the online store does not include the cost of delivering the Goods to the
Buyer's address.
4.5. The Seller may indicate the estimated cost of
delivery of the Goods to the Buyer's address when the Buyer contacts the Seller
with a corresponding request by sending an email 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. Settlements between the Seller and the Buyer
for the Goods are made by the methods indicated on the website of the online
store in the "Payment and Delivery" section.
4.8. Upon receipt of the goods, the Buyer must, in
the presence of a representative of the delivery service (carrier), check the
compliance of the Goods with qualitative and quantitative characteristics (name
of goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative at the time of
acceptance of the Goods confirms with his signature on the sales receipt / or
in the order / or on the waybill for the delivery of goods, which does not have
claims to the quantity of goods, 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 self-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 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 for Goods and Services unilaterally by posting
them on the website of the online store. All changes take effect from the
moment of publication.
5.3 The Buyer undertakes:
5.3.1 Before 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 its obligations to the Buyer, the latter must provide all the
necessary data that uniquely identifies him as the Buyer and 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 did 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 goods of good quality
within 14 (fourteen) days, not counting the day of purchase. Return of goods of
proper quality is made if it has not been used and if its presentation,
consumer properties, packaging, seals, labels, as well as the payment document
issued to the Buyer for payment for 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. The return to the Buyer of the cost of goods of
good quality is carried out 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. Agreement, the current legislation of Ukraine.
6.3. The cost of the goods is refundable by bank
transfer to the account of the Buyer.
6.4. The return of the Goods of good quality to the
address of the Seller is carried out at the expense of the Buyer and the Seller
does not reimburse the Buyer.
6.5. In the event that defects in the Goods 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 the Seller with the requirements provided for by the
Law of Ukraine "On Protection of Consumer Rights". When submitting
claims for the free elimination of defects, the period for their elimination is
calculated from the date the Seller receives the Goods at his disposal and has
physical access to such Goods.
6.6. Consideration of the requirements stipulated by
the Law of Ukraine "On Protection of Consumer Rights" is carried out
by the Seller upon submission by the Buyer of the documents provided for by the
current legislation of Ukraine. The Seller is not responsible for the defects
of the Goods that arose 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, the 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
product can be used exclusively by the Buyer who purchased it (including, at
the Buyer's request, non-standard dimensions, characteristics, appearance,
equipment) and so on ). Confirmation that the goods have individually defined
properties is the difference in the dimensions of the goods and other
characteristics indicated in the online store.
6.8. Return of goods, in cases provided for by law
and this Agreement, is made at the address indicated on the website in the
"Contacts" section
7. Responsibility
7.1. The Seller is not liable 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 improper,
untimely execution of Orders and its obligations if the Buyer provides false or
false information.
7.3. 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.
7.4. The Seller or the Buyer shall be released from
liability for full or partial non-fulfillment of their obligations if the
non-fulfillment is the result of force majeure circumstances such as: war or
hostilities, earthquake, flood, fire and other natural disasters that have
arisen regardless of the will of the Seller and/or the Buyer after the
conclusion of this agreement. The Party that is able to fulfill its obligations
shall immediately notify the other Party thereof.
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 other actions provided for by the
Law of Ukraine "On the Protection of Personal Data without limiting the
duration of such consent.
8.2. The Seller undertakes not to disclose the
information received from the Buyer. It is not considered a violation of the
provision by the Seller of 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 disclosure of such
information is required 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 performance or
failure to fulfill its obligations due to the irrelevance of information about
the Buyer or its inconsistency with reality.
9. Other terms
9.1. This
agreement is concluded on the territory of Ukraine and is valid in accordance
with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the
Seller are resolved through negotiations. In case of failure to reach a
settlement of the disputed issue through negotiations, the Buyer and / or the
Seller have the right to apply for resolution of the dispute to the judicial
authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to
this Agreement unilaterally, as provided for in clause 5.2.1. Agreement. In
addition, changes to the Agreement may be made by mutual agreement of the
Parties in the manner prescribed by the current legislation of Ukraine.
ADDRESS
AND DETAILS OF THE SELLER:
FLP Korotchenko Polina Andreevna
Ukraine, Kyiv, st. Bankova, house. 3
p/s UA383052990000026005046230520 in PrivatBank JSC
TIN 3552713405
registration certificate 06/21/2019 2 070 000 0000
021913
tel. +380679304636, +380988203845