Public contract (Offer)
Public contract (Offer)
to order, purchase, sale and delivery of goods.
This agreement is an official and public offer from the seller to enter into a contract for the sale of goods presented on the website zuienko.com. This agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms 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 terms and procedure for placing an order, paying for goods, delivering goods, returning goods, liability for dishonest orders and other terms of the agreement. The contract is considered concluded from the moment the “Complete” button is clicked and the buyer receives an order confirmation in electronic form from the seller.
1. Determination of deadlines.
1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer from the seller, addressed to an indefinite number of persons, to conclude a contract for the sale and purchase of goods remotely with the seller (hereinafter referred to as the “Agreement”) on the terms contained in this offer.
1.2. Product is an object of agreement between the parties, selected by the buyer on the online store website and placed in the cart, or already purchased by the buyer from the seller remotely.
1.3. Online store - the seller’s website at zuienko.com was created for concluding retail purchase and sale agreements based on the buyer familiarizing himself with the description of the goods proposed by the seller via the Internet.
1.4. The buyer is a legally capable individual who receives information from the seller, places an order for the purchase of goods presented on the online store website for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.5. Seller – individual entrepreneur Zuenko Valeria Viktorovna, TIN 1877504809, location of individual entrepreneur: Ukraine, 61054, Kharkov, st. Chernovitskaya, 8, tel. +380662571541
1.6. Order – selection of individual items from the list of goods specified by the buyer when placing an order and making payment.
2. Subject of the agreement.
2.1. The seller undertakes to transfer ownership of the goods to the buyer, and the buyer undertakes to pay for and accept the goods under the terms of this agreement.
2.2. The date of conclusion of the offer agreement 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 online store website, subject to the buyer receiving an order confirmation from the seller in electronic form. If necessary, at the request of the buyer, the contract can be drawn up in writing.
3. Placing an Order.
3.1. The buyer independently places an order in the online store through the “cart” form, or by placing an order by email 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 raises suspicions about its validity.
3.3. When placing an order on the online store website, the buyer undertakes to provide the following mandatory information necessary for the seller to complete the order:
3.3.1. last name, first name of the buyer, email;
3.3.2. the address to which the goods should be delivered (if delivery is to the buyer’s address);
3.3.3. contact number.
3.4. The name, quantity, price of the product selected by the buyer are indicated in the buyer's basket on the online store website.
3.5. If any party to the contract 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 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. Acceptance by the buyer of the terms of this offer is carried out by entering the relevant data into the registration form on the online store website or when placing an order through an operator. After placing an order through the operator, the buyer’s data 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 an agreement, that is, by accepting the terms of this offer (the proposed conditions for purchasing 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;
b) he gives permission to collect, process and transfer personal data, permission to process personal data is valid for the entire duration of the contract, as well as after its expiration, no more than is necessary in accordance with their legal purpose, unless otherwise provided by law. 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 data collection, as well as that his personal data is transferred to the seller in order to be able to fulfill terms of this agreement, the possibility of 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 notification to 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 understandable to him.
3.10. Personal data is deleted or destroyed in accordance with the requirements of the law.
3.11. Personal data is subject to deletion or destruction in the following cases:
• 1) expiration of the data storage period determined by the consent of the subject of personal data to the processing of this data or by law;
• 2) termination of legal relations between the subject of personal data and the owner or manager, unless otherwise provided by law;
• 3) issuance of an appropriate order by the authorized person or certain officials of the authorized secretariat;
• 4) entry into force of a court decision to delete or destroy personal data.
4. Price and delivery of goods.
4.1 Prices for goods and services are determined by the seller independently and are indicated on the online store website. All prices for goods and services are indicated on the website in dollars, 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 goods, the cost of which has been paid in full by the buyer, cannot be changed by the seller unilaterally.
4.5. The buyer's obligations to pay for the goods are considered fulfilled from the moment the seller receives funds into his account.
4.6. The
seller, after receiving the buyer's payment, at his request, sends an
electronic check to his email address, the original of the check is
provided to the buyer along with the goods.
4.7. Payments between the seller and the buyer for the goods are carried out using the methods indicated on the online store website in the “delivery and payment” section.
4.8. Upon
receipt of the goods, the buyer must check the compliance of the
goods with qualitative and quantitative characteristics (name of
goods, quantity, completeness, quality of electronic form).
4.9. The
buyer confirms with his electronic signature or a regular text
message that he has no complaints about the quantity of goods,
appearance and completeness of the goods, as well as the quality of
electronic registration.
4.10. Title and risk of accidental loss or damage to the goods passes to the buyer upon receipt of the goods by the buyer at the email address selected by the buyer and electronic confirmation.
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 or provide access to this information to third parties, except as required 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 prices for goods and services unilaterally, by posting them on the online store website. All changes take effect from the moment of publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding an agreement, familiarize yourself with the contents of the agreement, the terms of the agreement and the prices offered by the seller on the online store website.
5.3.2 In order for the seller to fulfill his obligations to the buyer, the latter must provide all the necessary data identifying him as a buyer and sufficient for delivery of the ordered goods to the buyer.
6. Return of goods.
6.1. Electronic publications of proper quality cannot be exchanged or returned.
6.2. When accepting an order, the buyer inspects for compliance with the assortment, completeness, quality and presence of defects. If the buyer discovers a defect that leads to distortion or loss of information: unclear text, discrepancy between the title of the book on the cover of its contents, he can return the purchased e-book within 30 days from the date of receipt.
7. Responsibility.
7.1. The seller is not responsible for damage caused to the buyer or third parties due to improper use or storage of goods purchased from the seller.
7.2. The seller is not responsible for improper or untimely execution of orders and its obligations if the buyer provides inaccurate or false information.
7.3. The seller and 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 buyer are released from liability for complete or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters, regardless of the will of the seller and/or buyer after the conclusion actual agreement. The party that is able to fulfill its obligations shall immediately notify the other party.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the online store website 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 validity period of such consent.
8.2. The seller undertakes not to disclose information received from the buyer. It is not considered a violation of the seller’s provision 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 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 performance or failure to fulfill its obligations due to the irrelevant information about the buyer or its inconsistency with reality.
9. Other conditions.
9.1. This agreement has been concluded and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the buyer and seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the buyer and/or seller have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The seller has the right to make changes to this agreement unilaterally, provided for in clause 5.2.1. agreement. In addition, changes to the agreement can be made by mutual agreement of the parties in the manner prescribed by the current legislation of Ukraine.
SELLER'S ADDRESS
Individual entrepreneur Zuenko Valeria Viktorovna
TIN 1877504809
61054, Kharkov, st. Chernovitskaya, 8,
tel. +380662571541
e-mail: zuenko.dmitrii@gmail.com