Public offer agreement
PUBLIC OFFER AGREEMENT
Under the present Agreement one party - the Seller on the one hand, and any person accepting the conditions of this Agreement of public offer - the Buyer on the other hand, hereinafter jointly referred to as the Parties, have concluded the present Agreement of public offer (hereinafter - the Agreement), addressed to an unlimited number of persons, being an official public offer of the Seller to conclude with Buyers the agreement of sale of Goods, which pictures are placed in the relevant section of the Website https://hochusobitake.com.
The Sellers who intend to sell the Goods through the Website https://hochusobitake.com and the Buyers, when purchasing the Goods, pictures of which are placed on the corresponding pages of https://hochusobitake.com , accept the terms of this Agreement on the following.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are executed in the form of a Public Offer Agreement. By clicking the button "ORDER" on the page of the Website https://hochusobitake.com in the relevant section, it means that the Buyer, regardless of their status (individual, legal entity, individual-entrepreneur), under the current international and Ukrainian legislation, has taken for execution the conditions of the Public Offer Agreement, which are listed below.
1.2. The public offer agreement is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine its terms are the same for all Buyers, regardless of status (individual, legal entity, individual-entrepreneur). At full agreement with this Agreement the Buyer accepts the terms and procedure of ordering, payment and delivery of goods by the Seller, responsibility for the unfair order and for non-fulfillment of the terms of this Agreement.
1.3. This Contract comes into force from the moment of clicking the "ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and pays the Seller in full.
1.4. To regulate contractual legal relations under the Contract, the Parties shall choose and, if necessary, apply Ukrainian legislation. If the international treaty, agreed to be binding by the Verkhovna Rada of Ukraine, establishes other rules than those established by the Ukrainian legislation, the rules of the international treaty are applied.
2. TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://hochusobitake.com and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase Goods, the image of which is posted on the Website https://hochusobitake.com , sent to an indefinite range of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the Seller's offer to purchase the Goods, the image of which is posted on the Website https://hochusobitake.com , by adding it to the virtual shopping cart and sending the Order.
"Merchandise" - means an item of commerce (a product, model, accessory, accessory and related items, any other items of commerce) for the purchase of which a merchant's offer is posted on the Website https://hochusobitake.com.
"Buyer" - any legally capable individual, legal entity, individual-entrepreneur, according to the current international and Ukrainian legislation, who visited the Website https://hochusobitake.com and has the intention to purchase a particular Product.
"Seller" - any legally capable individual, legal entity, individual-entrepreneur, according to the current international and Ukrainian legislation, who is the owner or distributor of Goods and with the help of the Website https://hochusobitake.com has the intention to sell it.
"Order" - the Buyer's duly executed and placed on the Website https://hochusobitake.com application for the purchase of Goods addressed to the Seller.
"Legislation" - norms established by Ukrainian or international legislation to regulate contractual legal relations under the Contract.
"Essential defect of Goods" - a defect that makes it impossible or unacceptable to use Goods in accordance with its intended purpose, appeared through the fault of manufacturer (Seller), after its elimination appears again for reasons independent of the consumer.
3. SUBJECT MATTER OF THE CONTRACT
3.1. The Seller undertakes, under the conditions and in the manner specified in this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website https://hochusobitake.com, and the Buyer undertakes, under the conditions and in the manner specified in this Agreement, to buy the Goods and pay money for them.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of dispute, are not under arrest, and that they do not have any rights of third parties.
3.3. The Seller and the Buyer confirm that the Contract in force is not a sham or sham transaction or a transaction made under the influence of pressure or fraud.
3.4. The Seller confirms that he has all necessary permits to conduct business activities that regulate the sphere of legal relations arising and acting in the process of execution of this Agreement, as well as guarantees that he has the right to manufacture and/or sell goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights during the execution of this Agreement and sale of goods.
4. SELLER'S RIGHTS AND OBLIGATIONS
4.1. Seller is obliged:
* fulfill the Buyer's orders in case of receipt of payment from the Buyer;
* deliver the Goods to the Buyer in accordance with the selected sample on the corresponding page of the Website https://hochusobitake.com , the placed order and the terms of this Agreement;
* to check the quality and quantity characteristics of Goods during their packing at the warehouse;
* notify the Buyer of the possible additional commission when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing in this Agreement.
4.2. Seller has the right to:
* to unilaterally suspend the provision of services under this Contract in case the Buyer violates the terms of this Contract.
Legal address: 61018, Kharkov
Privat Bank account: UA483515330000026003052111628
5. BUYER'S RIGHTS AND OBLIGATIONS
5.1. The Buyer shall:
* timely pay and receive the order under the terms of this Agreement;
* familiarize himself with the information on the Goods, posted on the Website https://hochusobitake.com;
* upon receipt of the Goods from the person who delivered them, check the integrity and completeness of the Goods by inspecting the contents of the package. If the Goods are damaged or incomplete, document them in a statement, which must be signed with the Buyer by the person who delivered them to the Buyer.
5.2. The Buyer has the right:
* place an order on the relevant page of the Website https://hochusobitake.com;
* demand from the Seller to fulfill the terms and conditions of this Agreement;
* to inform about the possible additional fee when paying for European orders by cards like Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6. ORDER PLACEMENT PROCEDURE
6.1. The Buyer independently places an order on the corresponding page of the Website https://hochusobitake.com by adding the Goods to the virtual cart by pressing the "To cart" button, or by placing an order by e-mail, or by phone number, indicated in the contact section of the Website http://hochusebetakoe.com.
6.2. The term of formation of the Order: up to 2 working days from the moment of its execution. If the order is sent on a weekend or holiday, the term of formation begins with the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Website https://hochusobitake.com. The price of the Agreement is determined by adding the prices of all selected Commodities placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The price of the Order may vary depending on the price, quantity or nomenclature of the goods.
7.3. The Buyer can pay for the Order in the following ways:
1) by cash on delivery when receiving the Order in the representative office of the delivery service on the territory of Ukraine
2) By credit card of the following types:
- Visa Electron
- Mastercard Electronic
3) any other way as agreed with the Seller.
8. TERMS OF DELIVERY OF GOODS
8.1. The Buyer receives the Goods by means of delivery, or receives them in person. The order of payment and receipt is indicated on the corresponding page of the Website https://hochusobitake.com.
8.2. At delivery of Goods in other cities of Ukraine or on the territory of other country executed by other delivery services (hereinafter referred to as Carrier companies) the Buyer fully and unconditionally agrees with the Rules of cargo transportation by these Carrier companies.
8.3. The Buyer shall confirm the fact of receipt of the Goods and the absence of any complaints about the quality of the Goods delivered by the Carrier Companies by signing the consignment note, the Carrier Company Declaration, or the delivery note when receiving the Goods. For its part, the Seller guarantees the shipment of Goods to the Forwarder Company in the quantity specified and paid for by the Buyer, complete in accordance with the specification of these Goods and in proper (working) condition and quality.
8.4. In case of absence of the Buyer at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unjustified reasons, the Goods shall be returned to the shipping center by the courier company. Payment for the services of the Carrier Company shall be deducted from the amount transferred by the Buyer for the Goods. The remainder of the amount is returned to the Buyer on the basis of his letter sent to e-mail: email@example.com with the indication of the settlement account to which the funds should be returned.All questions arising in the process of payment and receipt of Goods, the Buyer can clarify by contact information in the Contacts section.
9. CONDITIONS OF RETURN OF THE GOODS
9.1. In accordance with art. 9 of the Law of Ukraine "On protection of consumer rights," the Buyer has the right to exchange Goods of adequate quality within fourteen days excluding the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return shall be performed in accordance with the "Returns" section of the Website subject to the rules and conditions of the carrier or courier, valid on the territory of Ukraine or on the territory of another country according to the place of Goods receipt.
9.3. In case of at least one of the listed defects, the Buyer is obliged to fix it in the drawn up act of any form. The report must be signed by the Buyer and the person who has delivered the Goods or the Seller. If possible, the defects shall be documented by means of photography or video recording. Within 1 (one) day the Buyer is obliged to inform the manager (the Seller's representative responsible for ordering the Goods) about the revealed defects and agree on the replacement of the Goods by filling out the complaint form for returning the Goods on the website https://hochusobitake.com.
9.4. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer shall be deemed to have received the Goods in proper condition, without any mechanical damage and in their complete set.
10. LIABILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
10.1. The Parties are liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the applicable international and Ukrainian legislation.
10.2. In case of any disputes arising out of performance of this Contract by the Parties, except for disputes about debt recovery from the Buyer, the Parties undertake to solve them by negotiations in compliance with the claim procedure. The term for consideration of the claim is seven (7) calendar days from the date of its receipt. In disputes relating to the recovery of debts from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising from this Contract or in connection with it, including those related to its performance, breach, termination or invalidity, shall be resolved in the relevant court in accordance with international and Ukrainian substantive and procedural law.
11. CIRCUMSTANCES OF FORCE MAJEURE
11.1. The parties shall not be liable for default on any of their obligations, except for payment obligations, if they prove that such default was caused by force majeure, that is events or circumstances which are really beyond control of such party, which occurred after conclusion of the present Contract, having unpredictable and inevitable character. Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances have directly affected the performance of this Contract.
11.2. The Party, for which it has become impossible to fulfill obligations under this Agreement due to the occurrence of force majeure circumstances, must immediately inform the other Party in writing about the occurrence of the above circumstances, and within thirty (30) calendar days provide the other Party with confirmation of the force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document, issued by the authorized state body, located at the place of force majeure occurrence.
11.3. The time required by the Parties to perform their obligations under this Agreement will be extended for any period during which performance has been delayed due to the listed circumstances.
11.4. If due to the force majeure circumstances the failure to perform the obligations under this Contract continues for more than three months, each of the Parties has the right to terminate this Contract unilaterally by notifying the other Party in writing.Despite the force majeure circumstances, before termination of this Contract due to the force majeure circumstances the Parties shall make final mutual settlements.
12. OTHER TERMS AND CONDITIONS OF THE CONTRACT
12.1. The information provided by the Buyer is confidential. Information about the Buyer shall be used solely for the purposes of execution of his Order (sending a message to the Seller about ordering Goods, sending promotional messages, etc.).
12.2. By his own acceptance of the Contract or by registering on the Website https://hochusobitake.com (filling in the registration form), the Buyer voluntarily consents to the collection and processing of his personal data with the following purpose: the data that become known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the Order, sending promotional and special offers, information about promotions, drawings and lotteries by telecommunications means (e-mail, mobile telephones).
12.3. the Buyer gives the right to process its personal data, including: to place personal data in databases (without further notice), to carry out lifetime storage of data, their accumulation, updating, changing (as necessary). The Seller undertakes to ensure protection of data from unauthorized access by third parties, not to distribute and not to transfer data to any third party (except transferring data to related persons, commercial partners, persons authorized by the Seller to perform direct data processing for specified purposes, as well as at the mandatory request of the competent state authority).
12.4. If the Buyer does not wish to receive the newsletter, the Buyer shall have the right to contact the Seller by writing an application for refusal to receive promotional materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the order. The Buyer is responsible for the accuracy of the information provided when placing the order.