PUBLIC OFFER AGREEMENT
This agreement (hereinafter – the Agreement / Public Offer Agreement) is the official and public offer of the Seller to enter into a contract for the sale of the Goods by means of remote communication, i.e. through the Seller’s online store located at https://cornerbylevishko.com/, with any interested person in accordance with the conditions provided for in this Agreement.
- Terms and definitions
1.1. In this offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part of this offer:
1.1.1. The seller is a natural person-entrepreneur O. I. Pryputen.
1.1.2. The Buyer is any legal person who has accepted the Public Offer under the terms of this offer, who places an Order on the Site for the purpose of purchasing the Goods, thereby confirming his agreement with all the terms of the Agreement.
1.1.3. The site is the official online store of the Seller, located at https://cornerbylevishko.com/, including all its web pages. Within the framework of this Agreement, the terms Internet store and Store, as well as the addresses https://cornerbylevishko.com/ and all derivatives of https://cornerbylevishko.com/ are equivalent and interpreted authentically, in the context of the Agreement.
1.1.4. A product is an object (item of clothing, accessory or other material value) presented on the Site https://cornerbylevishko.com/, for the purpose of their sale.
1.1.5. Order – the Buyer’s application for the purchase of Goods, addressed to the Seller, duly executed and posted on the Site https://cornerbylevishko.com/.
1.1.6. Agreement – an agreement according to which the Seller has undertaken the obligation to sell the Goods to anyone who applies to him under the conditions provided for in this Agreement.
1.1.7. Public offer – the official and public offer of the Seller to conclude an electronic contract for the sale of goods remotely using the Internet store https://cornerbylevishko.com/, with any interested person in accordance with the conditions stipulated in this Agreement.
1.1.8. Acceptance – giving the Seller full and unconditional consent to the offer to enter into a public contract on the terms provided for in this Agreement by the Buyer taking the action provided for in this Agreement aimed at accepting the terms of the Public Offer.
- General provisions
2.1. The terms of this Agreement establish the order of interaction between the Seller, who sells Goods through the Internet store at the address https://cornerbylevishko.com/, and the Buyers who placed the Order on the Site https://cornerbylevishko.com/.
2.2. This Agreement is concluded by way of full and unconditional acceptance (acceptance) by the Buyer of the offer to conclude the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
2.3. The moment of complete and unconditional acceptance by the Buyer of the Seller’s offer to conclude an electronic contract for the sale of Goods shall be deemed to be the fact that the Buyer has placed an Order under the terms of this Agreement, within the time and at the prices indicated on the Seller’s Website.
2.4. This Agreement has legal force in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
2.5. The Seller and the Buyer provide mutual guarantees of their legal and legal capacity, necessary for the conclusion and execution of this Agreement.
2.6. By concluding this Agreement (that is, by accepting the terms of the offer by placing an Order), the Buyer confirms the following:
2.6.1. The buyer is completely familiar with and agrees with the terms of this Agreement (offer).
2.6.2. The buyer is responsible for the accuracy of the information specified when placing the Order.
2.6.3. The Buyer gives the Seller his unconditional consent to the collection, processing, storage and use of his personal data, in the sense of the Law “On the Protection of Personal Data”. The information provided by the Buyer is confidential and is used exclusively for the purpose of processing the Order, sending messages to the Buyer, delivering the Goods, making mutual settlements, etc.
2.6.4. By placing the Order, the Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
2.7. The contract may be changed without prior notice to the Buyer.
2.8. The updated contract enters into force from the moment it is posted on the Site (unless otherwise provided in the updated contract).
- Subject of the Agreement
3.1. The Seller undertakes, on the terms and in the order specified in the Public Offer Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Site https://cornerbylevishko.com/, and the Buyer undertakes on the terms and in the order specified in the Public Offer , buy the Product and pay for it.
3.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date of filling out the Order form located on the Website https://cornerbylevishko.com/, provided that the Buyer receives an electronic confirmation of the Order from the Seller.
3.4. The offer to conclude a contract for a specific Product is valid for the duration of the Product’s stay on the Seller’s Site, provided that the Product is available in the Seller’s warehouse.
- Rights and obligations of the Seller
4.1. The seller is obliged to:
4.1.1. fulfill the terms of this Agreement;
4.1.2. transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website https://cornerbylevishko.com/, the completed order and the terms of the Public Offer Agreement in case of receiving payment from the Buyer;
4.1.3. not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution of the Buyer’s Order.
4.2. The seller has the right to:
4.2.1. 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 take effect from the moment of their publication.
4.3. The descriptions and specifications accompanying the Product are not exhaustive and may contain typographical errors. Information may be updated, changed and supplemented by the Seller at any time without prior notice. Changes become effective after their publication on the Site and apply to any Order placed after their publication.
4.4. In case of impossibility of performance of the Agreement due to lack of the ordered Goods, the Seller has the right to replace the Goods or cancel the Order by notifying the Buyer by e-mail or contacting him by phone.
- Rights and obligations of the Buyer
5.1. The buyer is obliged to:
5.1.1. get acquainted with information about the Product posted on the Site https://cornerbylevishko.com/;
5.1.2. timely pay and receive the order under the terms of the Public Offer Agreement;
5.1.3. when receiving the goods from the carrier, make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damages and incomplete equipment, record them in the act, which must be signed by the carrier’s employee together with the Buyer.
5.2. The buyer has the right to:
5.2.1. Demand from the Seller the fulfillment of the terms of the Public Offer Agreement.
5.2.2. In the case of detection of defects during the established warranty period, in the manner and within the time limits established by law, demand:
5.2.2.1. replacement of the Product with the same Product or a similar Product from among those available at the Seller;
5.2.2.2. terminate the concluded Agreement by notifying the Seller about it within fourteen days from the moment of receipt of the Goods.
5.3. The Buyer bears full responsibility for providing unreliable data, which made it impossible for the Seller to fulfill its obligations to the Buyer.
5.4. In the case of complete or partial absence of a pre-paid Order, the Buyer is offered a replacement. In the absence of replacement Goods, the price of the canceled Goods shall be returned by the Seller to the Buyer in the manner agreed between the Seller and the Buyer separately or in the manner in which the Buyer paid for the Goods.
- Order processing
6.1. The buyer has the right to place an order for any product presented in the online store https://cornerbylevishko.com/.
6.2. When placing an order on the Site, the Buyer undertakes to provide the following information:
6.2.1. surname, first name, patronymic of the Buyer or the person indicated by him (recipient);
6.2.2. the address to which the Goods should be delivered (if delivery to the Buyer’s address);
6.2.3. email address;
6.2.4. contact phone number.
6.3. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer’s basket on the Site.
6.4. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing Goods in the online store.
6.5. The Buyer bears full responsibility for providing inaccurate data, which made it impossible for the Seller to fulfill its obligations to the Buyer.
6.6. After placing the Order, information about confirmation of the Order will be sent to the e-mail specified by the Buyer.
- Price and payment procedure for the Goods
7.1. The price of the Product is indicated in the national currency and includes all taxes provided for by Ukrainian legislation.
7.2. The price of the Product is indicated on the website https://cornerbylevishko.com/. In the case of an incorrect indication of the price of the ordered Product, the Seller informs the Buyer about this to confirm the Order at the adjusted price or cancel the Order.
7.3. The price of the product on the website can be changed unilaterally by the seller. At the same time, the price of the Goods ordered by the Buyer is not subject to change.
7.4. The seller has the right to provide discounts on the Goods and establish a bonus program. The types of discounts and bonuses, the procedure and terms of their accrual, indicated on the Site, can be changed by the Seller unilaterally.
7.5. The price of the Product, which is indicated on the Site, does not include the cost of delivery of the Product to the Buyer. The Buyer shall pay the cost of delivery of the Goods additionally in accordance with the current tariffs of delivery services (carriers).
7.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment of receipt of funds to the Seller’s account.
7.7. Settlements between the Seller and the Buyer for the Goods are made by the methods indicated on the Site https://cornerbylevishko.com/.
- Delivery of the Order
8.1. The methods, procedure and terms of delivery of the Goods are indicated on the website https://cornerbylevishko.com/.
8.2. Delivery of Orders in the territory of Ukraine is carried out by the “Nova Poshta” delivery service. The cost of delivery is set according to the tariffs of the carrier.
8.3. During delivery, the Order is handed over to the Buyer or a third party specified in the Order as the Buyer or Recipient. In case of impossibility of receiving the Order by the Buyer, the Order may be delivered to a person who can provide accurate information about the Order.
8.4. Delivery of Goods to the territory of another country is carried out by the “Ukrposhta” delivery service. The buyer pays customs duties in the amount and in the order provided by the legislation of the country to which the delivery is made, as well as the conditions and tariffs of the carrier.
8.5. The costs of delivery of the Goods are paid by the Buyer.
- Exchange and return of Goods
9.1. The Buyer has the right to return the Goods of proper quality within 14 calendar days from the moment of receipt of the Goods, if the Goods did not satisfy him in terms of shape, dimensions, style, color or for other reasons cannot be used by him as intended after receiving the Order.
9.2. The buyer has the right to exchange or return the product of proper quality, if it has not been used, its product type (branded packaging, seals, labels), consumer properties, preserved completeness of the product, as well as a document confirming the fact and conditions have been preserved
purchase of the specified Goods (goods or cashier’s check).
9.3. The following are not subject to exchange or return:
9.3.1. products that were in operation;
9.3.2. products that have been dry-cleaned or after washing;
9.3.3. products from which tags and labels were cut;
9.3.4. products that were used for photo/video shooting;
9.3.5. products without a sales receipt;
9.3.6. products that were manufactured taking into account individual characteristics;
9.3.7. products, the delivery of which was made outside the territory of Ukraine (international delivery).
9.4. In the case of complete or partial absence of a pre-paid Order, the Buyer is offered a replacement. In the absence of replacement Goods, the price of the canceled Goods shall be returned by the Seller to the Buyer in the manner agreed between the Seller and the Buyer separately or in the manner in which the Buyer paid for the Goods.
9.5. If, at the time of exchange, a similar Product is not available for sale, the Buyer has the right to either purchase any other Products from the available assortment with a corresponding recalculation of the cost, or terminate the Agreement and receive money back in the amount of the value of the returned Product, or exchange the Product for a similar product at the first receipt of the relevant Product for sale.
9.6. Return of goods of proper quality:
9.6.1. The return of goods of appropriate quality is possible within 14 calendar days from the moment of receipt, provided that the goods have not been used, their product type (branded packaging, seals, labels), consumer properties, the completeness of the goods have been preserved, as well as a document that confirms the fact and terms of purchase of the specified Goods (goods or cashier’s check).
9.6.2. In case of termination of the Agreement and return of the Goods, which have already been paid by the Buyer in a non-cash way, the funds paid by him are returned by the Seller within 10 working days from the moment of the return of the Goods.
9.6.3. The cost of the Product is returned to the person specified in the Product return form. Refunds are made by transferring funds to the bank card specified in the return form, based on the value of the Product at the time of purchase. Only the cost of the Goods is returned to the buyer. The cost of return shipping is paid by the Buyer. In the event that the Buyer sent a parcel with the return of the Order at the expense of the recipient, the cost of delivery is deducted from the amount of the return.
9.7. Return of goods of inappropriate quality:
9.7.1. A Product of inadequate quality means a Product that cannot ensure the performance of its functional qualities. Differences in design elements, color or design from those stated in the description on the Site are not a sign of inadequate product quality and/or the impossibility of its intended use.
9.7.2. In the event of defects, the Buyer is obliged to record them in a written deed of arbitrary form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 working day from the moment of signing the Act, the Buyer is obliged to inform the Seller about the detected defects and agree on the replacement or return of the Goods.
9.7.3. After receiving the Order, claims regarding external defects of the Product, its quantity, completeness and product appearance are not accepted.
9.7.4. The Seller is not responsible for the defects of the Goods that arose after their 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.
9.7.5. The cost of the Product is returned to the person specified in the Product return form. The refund is made by transferring funds to the bank card specified in the return form, based on the value of the Product at the time of its purchase, within 10 working days from the moment the Product is returned. If the reason for the return was an error by the Seller, the cost of returning the goods is paid by the Seller.
- Liability of the Parties
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this contract in the manner provided by this contract and the current legislation of Ukraine.
10.2. The seller is not responsible for:
10.2.1. for a minor discrepancy in the color gamut of the Product, which may differ from the original Product solely due to the different color rendering of monitors of personal computers, tablets and smartphones of individual models;
10.2.2. for the content and truthfulness of the information provided by the Buyer when placing the Order;
10.2.3. for a delay in the provision of services (order processing and product delivery) that occur due to reasons beyond its control;
10.2.4. for unlawful and illegal actions performed by the Buyer using this access to the Internet;
10.2.5. for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.
10.3. In the event of force majeure, the Parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure are understood to be events of an extraordinary, unavoidable, unpredictable nature, which exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent with reasonable measures.
10.4. The Party that invokes force majeure must notify the other Party in advance of the occurrence of such circumstances.
- Confidentiality and protection of personal data
11.1. Personal data, according to the Law of Ukraine “On the Protection of Personal Data” No. 2297-XII dated 01.06.2010, is information or a set of information about a natural person who is identified or can be specifically identified.
11.2. This privacy policy applies to all pages of the Site.
- Other conditions
12.1. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
12.2. All disputes arising between the Buyer and the Seller shall be 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 a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
12.3. The seller has the right to make changes to this Agreement unilaterally. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
