PUBLIC CONTRACT
(PUBLIC OFFER AGREEMENT)
The following text is a contract between an individual entrepreneur Serhiy Mykolayovych Blazhko (hereinafter referred to as the FOP Blazhko S.M.), which provides access and services to the website shus.com.ua (hereinafter referred to as the Internet store), and an individual , who visited at least one page of the site or used at least one of the services provided within the site, including without prior registration and authorization on the site (hereinafter referred to as the Buyer).
1. General provisions
1.1. This Agreement is a public contract-offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all essential conditions for the organization of purchase and sale remotely, i.e. through an online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine, full and undisputed acceptance of the terms of the public contract, i.e. the public offer of the online store, is the fact of placing an order by clicking on the "Place order" link in the shopping cart and paying for the order in the amount of 100% under the terms of this agreement.
1.3. The public offer is also accepted upon registration of the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely acquainted with and agrees with its terms, and also, if the Buyer is a natural person, gives permission for the processing of his personal data for the purpose of the possibility of fulfilling the terms of this Agreement, the possibility of carrying out mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of data collection. The extent 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 understood by him.
2. Terms and definitions
2.1. Online store - the Seller's website ("shus.com.ua"), created for the conclusion of retail purchase - sale contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller in photographs, using the Internet, which excludes the possibility of the Buyer's direct acquaintance with the Goods - remotely a means of selling goods.
2.2. A product is a list of assortment names presented in the online store.
2.3. The product card is a set of information about the product, which includes the name of the product, image of the product on the website, its description, price, characteristics, color, size, configuration, availability in the store, etc.
2.4. Order - a request of the Buyer, addressed to the Seller, duly executed and placed on the Site, for the purchase and delivery of the Goods selected on the Site to the address indicated by the Buyer.
2.5. The cost of the Order is the amount to be paid when the Buyer receives the order, after applying discounts or bonuses.
2.6. "Place an order" - the Buyer's decision to purchase a product made in the online store.
2.7. "Personal data" - any information that is knowingly provided by the Buyer when registering and/or placing an Order on the Site, and is necessary for the online store to fulfill the order.
3. Subject of the contract
3.1. The online store undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to pay and accept the goods under the terms of this contract.
3.2. This contract regulates the purchase and sale in the online store, including:
a) voluntary selection of goods by the Buyer by "Categories";
b) self-registration of an order by the Buyer in the online store;
c) payment by the Buyer of the order made in the online store;
d) execution and transfer of the order to the Buyer's ownership under the terms of this contract.
4. Order registration procedure
4.1. The buyer independently places an order online in the online store or by telephone using the contacts specified in the online store.
5. Price and payment procedure for the product
5.1. The full price of the product is indicated on the pages of the Seller's online store.
5.2. The buyer pays for the order by any method chosen in the online store.
5.3. The cost of delivery of the order is paid by the Buyer himself upon receipt of the order.
5.4. Prices for Goods and services may change depending on the market situation, which is reflected in the prices in the online store. The Seller cannot change the price for a specific Buyer, if he has already accepted the Seller's terms and made payment for the Goods (services) in accordance with the procedure established by this contract.
6. Order delivery
6.1. Delivery of the ordered Goods is carried out within 1 (one) to 14 (three) working days from the moment of confirmation of the Order by the manager, but in any case no later than thirty days from the moment of confirmation of the Order.
6.2. Delivery methods are described in detail in the "Questions and Answers" section of the website.
6.3. Upon receipt of the Goods, the Buyer inspects them for compliance with the Order, checks the quality and quantity of the Goods, their integrity and completeness. The buyer has the right to refuse the ordered Goods completely, indicating the reason in the relevant documents.
6.4. The cost of delivery to the Internet store is not indicated, as it depends on the current tariffs of the transport company (carrier).
6.5. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).
6.6. The Buyer has the right to receive the Order at the branch of the Courier Company within 5 (five) working days, taking into account the day of receipt of the shipment (Order) at the branch of the Recipient (Buyer). If the Order was not claimed by the Recipient (Buyer) within the above-mentioned period, such shipment (Order) is considered unclaimed (cancelled at the initiative of the Buyer) and is returned to the Seller.
7. Procedure for returning goods and refunding money
7.1. The buyer has the right to return the goods of proper quality within fourteen days, from the moment of receipt of the goods at the branch of the courier company, if the goods did not satisfy him in terms of shape, dimensions, style, color or for other reasons cannot be used by him for the intended purpose, after receiving the order . Good quality goods are returned if they have not been used and if they have preserved their appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold goods. The goods rejected by the Buyer must be packed in the original undamaged packaging.
7.2. Partial redemption of the Order is not provided. The buyer has the right to redeem the Order in full or refuse it until the moment of payment for the goods in such Order.
7.3. In case of defects, the Buyer is obliged to record them in a written act of arbitrary form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods.
7.4. In the case of termination of the Agreement (return of goods), a necessary condition for refunding money for the returned goods is the provision by the Buyer to the Seller of documents confirming the payment (purchase) of the returned goods.
7.5. Refunds for returned goods are possible only by non-cash settlement, namely: from the current account of the Seller to the current account in the national currency of the Buyer, opened at a bank that is a resident of Ukraine, including to such a current account of the buyer, transactions on which can be carried out with use of electronic means of payment (for example, a personal bank payment card).
Requisites for a refund for returned goods The buyer must indicate in the Application for the return of goods. Cash refunds are not possible.
7.6. Refunds to the Buyer shall be made within 5 (ten) working days, but in any case no later than 30 (thirty) days from the moment of receipt of the Buyer's notice of termination of the Agreement and receipt of the Goods. After the transfer of funds, the Seller has the right to inform the Buyer by sending answers.
8.4. The online store has the right to:
a) make changes to these Rules by posting changes on the Site;
b) make changes to the assortment of Goods and change their prices without agreement with the Buyer, except for the Goods for which the order has been accepted from the Buyer;
c) in case of impossibility of fulfilling the Agreement due to the absence of the ordered Goods, notify the Buyer about this within 3 (three) calendar days, but no later than thirty days from the moment of receipt of the Buyer's order. At the same time, the Seller has the right to replace the Product in case of its absence with another Product, if:
1) another Product corresponds to the purpose of use of the ordered Product;
2) has the same or better quality;
3) its price does not exceed the price of the ordered Product. At the same time, the Seller is obliged to agree the replacement of the Goods with the Buyer, and acceptance of the Goods by the Buyer is considered the latter's consent to such replacement;
d) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement;
e) other rights in accordance with current legislation and these Rules.
9. Liability of the parties
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.
9.2. The buyer is solely responsible for the correctness and timeliness of the payments made by him. Amounts mistakenly credited by the Buyer to the accounts of third parties are not compensated or reimbursed by the Seller.
9.3. All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
9.4. If the relevant dispute cannot be resolved through negotiations, it is resolved in a court of law under the established jurisdiction and jurisdiction of such a dispute in accordance with the legislation in force in Ukraine.
9.5. In case of force majeure, the parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
9.6. The party citing force majeure must notify the other party of the occurrence of such circumstances in writing by e-mail within five calendar days.
9.7. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than five months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing.
10. Other conditions
10.1. The online store reserves the right to unilaterally make changes to this Agreement with prior publication on the "shus.com.ua" website.
10.2. The online store was created to organize a remote method of selling goods via the Internet.
10.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.
10.4. The buyer is responsible for the accuracy of the information provided when placing the order.
10.5. Payment by the Buyer of the order made in the Internet store means the Buyer's full agreement with the terms of the Purchase and Sale Agreement (the public offer of the Internet store) and is the date of conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.
10.6. The use of the Internet store resource to view the product, as well as to place an order, is free of charge for the Buyer.
10.7. By his own acceptance of the Agreement or registration on the website "shus.com.ua" (filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data in the registered database of the Seller "Contractants" with the following purpose: the data that become known to the Seller will be used in commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunications means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activity store. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer's postal address and e-mail, as well as send sms messages and make calls to the phone number specified in the application form. The information provided by the Buyer is confidential.
10.8. In the event of a change in the last name, first name or patronymic of the Buyer, he is obliged to notify the Seller about this within 20 calendar days from the moment such changes take effect by making appropriate changes to the registration record in the "Personal Account" on the Site, but in any case before the relevant Order is placed on the website.
10.9. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
11. Term of validity of this contract
11.1. This agreement enters into force from the day of placing an order or registration in the online store "shus.com.ua" and is valid until all terms of the agreement are fulfilled.
12. DETAILS OF THE PERFORMER
Blazhko Serhii Mykolayovych
Bank details:
IBAN: UA853220010000026000330130496
Bank Name: АТ «UniversalBank»
Address: 18031, Cherkasy, str. Blagovisna, b. 55/2