Public offer agreement
This Public Agreement (agreement and / or Proposal), in which one party _____________________________, then the Seller, on the one hand and any other person, then the Buyer, who acts to acquire the Goods and / or Services, accepts (accepts) the terms of this agreement ( hereinafter - the contract) on the other hand, have entered into this contract as follows:
1. GENERAL PROVISIONS
1.1 Sellers sell products or services on nutritive.com.ua
In accordance with article 633 of the Civil Code of Ukraine (Civil Code of Ukraine), this Agreement is a public contract (agreement and / or Offer) addressed to an unlimited number of legal entities and individuals, and in case of acceptance (acceptance) of the conditions set out below, any individual or legal entity (hereinafter the buyer ) undertakes to comply with the terms of this Agreement.
1.2 This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine), its conditions are the same for all buyers, regardless of status (individual, legal entity, individual - entrepreneur).
1.3 In this agreement, the following terms have the following meanings:
Offer - a public offer of the Seller, addressed to any individual and / or legal entity, to conclude a Public Agreement with him for the purchase of goods and / or services, the list and photos of which are posted on the nutritive.com.ua website;
Acceptance - full acceptance by the Buyer of the terms of the Agreement for the purchase of goods and services by adding them to the virtual basket;
Product - any material object;
Service - any operation other than the supply of goods related to the sale / purchase of goods consumed in the process of performing a certain action or carrying out a certain activity to meet the personal needs of the Buyer;
Seller - any legal entity, individual - entrepreneur, in accordance with the current Ukrainian legislation, who are the owners or distributors of the Goods and intend to sell them using the Site.
Buyer - any capable individual or legal entity who has accepted the terms of this Agreement and intend to buy the goods
Personal account - an electronic account of the Buyer in the functional system of the site, with the help of which he can manage the purchase of goods on the Site;
Registration - acceptance by the Buyer of an offer to conclude this Agreement and the procedure during which the User, by filling in the appropriate forms of the site, provides the necessary information for using the services of the Site. Registration is considered complete only if all its stages have been successfully completed in accordance with the instructions published on the Site.
Personal data is information or a set of information about an individual, with their help it is identified or can be specifically identified.
Product - perfumery and cosmetic products and products used in the cosmetic industry.
1.4 Starting to use the Site by going through the registration procedure and / or clicking on the "Checkout" button on the order page, the Buyer is considered to have accepted the terms of the Agreement in full, without any reservations or exceptions. If the Buyer disagrees with any of the provisions of this agreement, the Buyer has no right to use bybeauty.com.uа.
2. SUBJECT OF THE CONTRACT
2.1 The Seller undertakes, on the terms and in the manner determined by this Agreement, to sell the product (s) on the basis of the Orders (s) issued by the Buyer on the corresponding page of the Site nutritive.com.ua, and the Buyer undertakes on the terms and in the manner determined by this By contract, buy goods and pay for its cost.
2.2. The seller guarantees that the goods are not pledged, are not a subject of a dispute, are not under arrest, and that there are no rights of third parties to it.
3. REGISTRATION ON THE SITE
3.1. The buyer has the right to register on the Site in order to receive additional services and mailings by filling out a form indicating a valid email address, to which only
User, selected password, as well as other data required for registration. Registration on the website is optional for ordering.
3.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
3.3 The Buyer has the right to terminate his registration on the website unilaterally, without prior notice to the Seller and explanation of the reasons.
3.4. The buyer undertakes to maintain the confidentiality of the password transferred to him and not disclose it to third parties. If the Buyer has any suspicions about the security of his login and password or the possibility of their unauthorized use by third parties, the Buyer undertakes to immediately notify the Seller about this.
3.5. Communication between the Buyer and the seller's representatives should be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, abuse, offensive language, as well as threats and blackmail is strictly prohibited, regardless of the form and to whom they were addressed.
4. Procedure for making a purchase
4.1. The Buyer independently places an order on the corresponding page of the nutritive.com.ua website by adding the Goods to the virtual cart by clicking the "Buy" button, or by placing an order by e-mail, or by phone specified in the contact section of the site.
4.2 The Seller ensures the availability of the Products presented on the Site. Accompanying No in the photo may differ slightly from the actual appearance of the Goods, given the peculiarities of the color rendering of the various devices with which the Site is viewed.
4.3. In the absence of the Goods ordered by the Buyer in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, notifying the Buyer about this by sending an appropriate e-mail to the address indicated by the Buyer during registration, or in another way.
4.4 After placing the Order on the Site, the Seller's representative contacts the Buyer by sending an e-mail to the address indicated by the Buyer during registration, or by phone and specifies the information on the availability of the Goods, on the expected date and method of delivery.
4.5 According to the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated 05/12/1991, perfumery and cosmetic products are included in the list of non-food products of good quality that are not subject to return or exchange. Upon receipt of the order, the Buyer is obliged to carefully inspect the Goods in the presence of a courier or a representative of the delivery service. If the Buyer does not like the appearance or the product does not correspond to the parameters of the order, the Buyer is obliged not to open the original packaging of the Product and return No to the courier or send it back to the seller by delivery service. The seller replaces No in, while maintaining the integrity of the original packaging. Claims on appearance are accepted only at the moment of delivery.
5. PRICE OF THE CONTRACT, PAYMENT AND DELIVERY PROCEDURE
5.1 The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the nutritive.com.ua website. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price determined depending on the delivery method in accordance with the terms of section 6 of this Agreement.
5.2. The cost of the order may vary depending on the price, quantity or range of goods.
5.3. The buyer can pay for the order in the following ways:
5.3.1 by bank transfer of money to the current account of the Seller - the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% of the prepayment.
5.3.2 using Internet banking - the Buyer pays for the Goods at the time of placing the order on the corresponding page of the nutritive.com.ua website by selecting the "Privat 24" option in the "Payment Methods" section. When this option is selected, an automatic redirection will be made to the page of the Privatbank website, where the Buyer will be able to make a payment in the amount of 100% prepayment.
5.3.3 cash on delivery upon receipt of the Order in the offices of delivery services.
5.3.4 in any other way as agreed with the Seller.
5.4. In the event that the Buyer refuses the Goods, which has been fully or partially paid, the prepaid value of the goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.
5.5 The Buyer receives the goods through delivery services or receives them in person. The procedure for payment and receipt of the Goods is indicated on the corresponding page of the nutritive.com.ua website.
5.6. When delivering goods to other cities of Ukraine, carried out by other delivery services (carrier company), the Buyer in full
and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
5.7. The fact of receipt of the Goods and the absence of claims to the quality of the Goods is delivered by the delivery services (of the carrier company), the Buyer confirms with a signature on the consignment note, declaration, sales receipt, consignment note (of the carrier's company), or in the invoice, sales receipt upon receipt of the goods. For its part, the Seller guarantees the shipment of the goods to the Carrier Company in the amount specified and paid by the Buyer, in proper quality. After receiving the Goods, claims for external defects, quantity, completeness and presentation are not accepted.
5.8. In the absence of the Buyer at the delivery address indicated by the Buyer in the order or the Buyer refuses to receive the Goods for unreasonable reasons, upon delivery by the courier of the Delivery Service, the goods are returned to the seller.
5.9 Requirements for the return of the amount of money paid for the goods are subject to satisfaction within 14 days from the date of the corresponding request (Law of Ukraine No. 1023-XII "On the protection of user rights", 12.05.1991).
5.10. Refunds are made by returning the cost of the paid Goods to the Buyer's bank card or in cash.
6 Liability of the parties
6.1. The seller is obliged to comply with the terms of this Agreement.
6.2 The seller is obliged to transfer the goods to the buyer in accordance with the selected sample on the corresponding page of the nutritive.com.ua website, the order made and the terms of this Agreement;
6.3. The Seller has the right to unilaterally terminate the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
6.4 All objects available on the website nutritive.com.ua, including design elements, text, graphics, illustrations, video, computer programs, databases, music, sounds and other objects, as well as any content posted on the services of the Websites are subject to the exclusive rights of the seller and other copyright holders. no elements of the content of the services of the Site, as well as any content posted on the website, can not be used in any other way without the prior permission of the Seller and / or copyright holder. By use is meant, including, but not without this: reproduction, copying, processing, distribution on any basis, etc.
6.5. The buyer is obliged to timely pay and receive the goods on the terms of this Agreement;
6.6 The buyer is obliged to familiarize himself with the information about the product posted on the seller's website;
6.7 The Buyer is obliged, upon receipt of the Goods, in the presence of a representative of the Delivery Service, to ensure the integrity and completeness of the Goods by examining the original packaging. If the original packaging is damaged or the goods are incomplete, fix them in an act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
6.8 The Buyer is obliged not to take any action that may lead to a disproportionately large load on the infrastructure of the Site nutritive.com.ua;
6.9 The Buyer is obliged not to use automatic programs to gain access to the Site nutritive.com.ua;
6.10 The Buyer is obliged not to copy, reproduce, change, any information contained on the website;
6.11 The Buyer is obliged not to interfere and not try to interfere with the work and other activities of the Site nutritive.com.ua; and also not to interfere with the operation of automatic systems or processes, as well as other activities, in order to prevent or restrict access to the Site nutritive.com.ua;
6.12 The Buyer has the right to refuse to receive information messages to his email address at any time through the "Unsubscribe from mailing" function contained in the Buyer's personal account.
6.13 The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
6.14 In the event of any disputes related to the implementation by the Parties of this Agreement, with the exception of disputes about the collection of debts from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.
6.15. All disputes, disagreements or claims arising from or in connection with this Agreement, including those concerning its execution, violation, termination or invalidity, are subject to resolution in the appropriate court of Ukraine.
7 TERMS OF PROCESSING OF PERSONAL DATA OF BUYERS
7.1 The Buyer, by his own acceptance of the Agreement, by registering and / or placing an order on the corresponding page of the nutritive.com.ua website, gives the Seller the right to process his personal data, in accordance with the current legislation of Ukraine.
7.2 In particular, the Buyer gives his consent to the processing of his personal data, including for any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, restoration, use and distribution (distribution, sale, transfer ), depersonalization, destruction of personal data, including using information (automated) systems in written (paper), electronic and other forms.
Also, the Buyer gives his consent to the transfer of his personal data to third parties, including the transfer of personal data abroad.
7.3 The purpose of collecting and processing personal data is:
7.3.1 Organization by the Seller of sending (sending) to the Buyer of special offers, information about new products, services and promotions, other actions within the framework of its activities, as well as the fulfillment by the Seller of its obligations to the Buyer.
7.3.2 protecting Buyers from illegal actions by unscrupulous users, in particular, from fraud;
7.3.3 collection of statistical information on the operation of the Site for its processing and use when introducing new services and services, innovations and improvements;
7.3.4 ensuring timely and high-quality customer contact support;
7.4 The personal data of the Buyers processed by the Seller under this Agreement are stored for the entire period of the Site's activity or until the moment when the Buyer wishes to break off relations with the Seller.
7.5 Personal data, except for anonymized personal data, according to the mode of access, is information with limited access.
7.6 The Seller reserves the right to contact the Buyer: send information messages to the email and physical address specified during registration, as well as send messages to the Buyer's mobile phone.
7.7 Information of a technical nature contained in the system, for example, ip-addresses, according to the general rules of Internet communications, is used by the Seller for purposes related to the maintenance of network equipment, as well as for aggregating general statistical, demographic information (for example, about the region from which connection was made by the user).
7.8 The Seller does not collect data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data relating to the health or sex life of Buyers, and is not responsible for the disclosure of such information by Buyers on the site.
8. COOKIE PROCESSING POLICY
8.1 A cookie is a program file that contains a string of characters and is sent to the user's computer, visits a specific page of the site. When you visit this site again, such a file allows you to identify the user's browser. Cookies are capable of storing user preferences and other information.
The technology used on the Site sends data to the user device: one or more cookies.
8.3 Data may be transferred to the following third parties:
Systems for collecting statistics of visits (Google Analytics, Yandex.)
Social networks, the plugins of which are located on the website (for example, Facebook, Vkontakte).
8.4 The seller's employees or third parties with whom he cooperates may have access to these cookies.
8.5 The seller may provide information to third parties, if required by law, to protect legal rights or take measures for potentially illegal activities.
8.6 The Buyer has the option to opt out of collecting the above information by doing the following:
Set "I do not accept cookies" in your browser settings.
Set "Delete cookies" in your browser settings.
9. Other conditions
9.1 The Seller is not responsible for any unauthorized access or use of the Seller's servers and / or any information about the buyer is stored on them, as well as for any errors, viruses, Trojan horses, etc. that may be transmitted to the sites or through sites by third parties.
9.2 The website and the services rendered may be temporarily partially or completely unavailable due to maintenance or other works or for any other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.
9.3 The provisions of Ukrainian legislation apply to the relationship between the User / Buyer and the Seller.
9.4 In case of force majeure, documented by the relevant authorities, the parties are released from the execution of this agreement.
9.5. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.
9.6 If the Buyer does not agree with the terms of this Agreement, he is obliged to stop using the Site nutritive.com.ua and its services. The fact that the use of the site is not terminated is a confirmation of the Buyer's consent with the corresponding edition of the Agreement.
9.7 The Agreement can be changed by the Seller without any special notice, the new version of the Agreement comes into force from the moment it is posted on the website nutritive.com.ua