AGREEMENT OFFER AGREEMENT
- General provisions
1.1. This contract (hereinafter referred to as the "Contract") is public, in accordance with Art. Art. 633, 641 of the Civil Code of Ukraine, and its conditions are the same for all Buyers, unconditional acceptance of the terms of which is considered acceptance of this offer by the Buyer, for which the Seller publishes this Agreement.
This Agreement is an official offer of the Limited Liability Company "Visit Ukraine" (LLC "Visit Ukraine"), hereinafter referred to as the "Seller", to conclude a contract for the purchase and sale of goods remotely, i.e. through the online store on the official website of the Seller https://visitukraine.shop, on which the Seller places this Public Offer (offer).
1.2. The terms of the Public Offer are mandatory for the Seller to fulfill from the moment of their publication on the Internet site. The terms of the Public Offer are binding for the Buyer only from the moment he concludes the Agreement.
1.3. The contract is considered concluded and enters into force from the moment of Acceptance of the Public Offer by the Buyer.
1.4. The Offer in its latest version becomes effective from the moment the Seller publishes the relevant version of the Offer on the Internet site and is valid until the Offer is withdrawn.
1.5. The Seller reserves the right to unilaterally make changes to the Offer, provided that it is previously published on the website https://visitukraine.shop or to withdraw it at any time. The current (current) version of the Agreement is always available on the Internet site. If the Seller makes changes to the Offer, such changes become effective from the moment of publication on the Internet site, unless a different effective date for the changes is not additionally determined upon their publication.
- Concepts and definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "Product" - clothing (hoodies, sweatshirts, T-shirts, etc.), accessories (bags, face masks, etc.), and other products from the list given in the Online store that the Seller offers for sale to Buyers.
* "Online store" or "Internet site" is a tool for presenting or selling the Seller's Goods by making an electronic transaction, located on the Seller's Internet site at the address https://visitukraine.shop, which allows visitors to the Internet site to familiarize themselves with The Seller's product, its appearance, technical characteristics, price, terms of payment, make an appropriate order and purchase the Product, etc.
* "Seller" - Limited Liability Company "Visit Ukraine" ("Visit Ukraine" LLC), which places information about the Goods that can be purchased in the online store, and also sells the Goods presented in the online store.
* "Purchaser" is a natural person who entered into this Agreement under the conditions set forth below.
* "Order" - a properly executed request (application) of the Buyer for the purchase of the Product selected on the Internet store website and its subsequent delivery to the address indicated by the Buyer.
* "Public offer"/ "Offer" - a public offer of the Seller addressed to an unspecified circle of persons regarding the conclusion of the Contract (electronic contract for the sale of Goods) on the terms specified by the Seller in this Contract.
* "Acceptance" - full and unconditional acceptance by a person using the Internet site of the Seller's offer to conclude a Contract (electronic contract for the sale of goods) by clicking on the "Make an Order" button on the Internet site during the execution of such an Order.* "Fondy" is a payment platform, the main task of which is to provide online payment processing on Internet sites, mobile applications, and devices of various types connected to the Internet.
* "Recipient" - the Buyer, or the person who, on behalf of the Buyer, actually receives the Goods delivered by the Forwarding Company.
* "Forwarding company" - the relevant company that provides delivery services for the Order: "Ukrposhta" or "Nova Poshta", depending on the case.
* "Parties" - Buyer and Seller.
Subject of the contract
3.1. The Seller undertakes to hand over the Goods to the Buyer under the terms of this Agreement, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of Goods in the Online Store, including:
- the Buyer's voluntary choice of Goods in the Online Store;
- independent execution of the Order by the Buyer in the online store;
– payment by the Buyer of the Order placed in the online store;
- processing and delivery of the Order to the Buyer under the terms of this Agreement, etc.
3.2. By entering into the Agreement by placing and placing the Order of the Goods on the Seller's website, the Buyer confirms that he is fully and completely familiar with and agrees with the terms of the Offer by the time of making the Acceptance.
3.3. By accepting the terms of the Agreement, the Buyer confirms his legal and legal capacity in accordance with the current legislation of Ukraine, and also undertakes the obligations arising from the use of the Internet site and the conclusion of this Agreement.
- Order processing procedure:
4.1. The Buyer has the right to place an Order for any Product presented on the website of the online store that is available. The buyer carries out such registration on the Internet site on his own.
4.2. If the ordered Product is not in stock, the Seller's representative is obliged to inform the Buyer about this using the means of communication left by the Buyer when placing the Order in the online store, but no later than thirty days from the moment of receipt of the properly executed Order from the Buyer.
4.3. If the Product is not available, the Buyer has the right to replace it with a Product of a similar model, refuse this Product, cancel the Order, in connection with which the Seller undertakes to return the money paid for the Product to the Buyer in the same form in which the Buyer paid for the Product if otherwise will not be agreed between the parties.
4.4. The order is considered to be completed properly if the Buyer has filled in all the fields of the Order form on the Internet site that allow the Buyer to be identified and contacted:
– delivery address;
– contact telephone number;
- E-mail address;
- payment method (payment methods are listed in clause 5.1.)
- the preferred method of delivery of the Goods from the list offered in the online store.
- Order payment procedure
5.1. Payment for the Product is carried out in the following ways:
- when placing the Order - by cashless payment through the Fondy payment system by paying online on the website with Visa/MasterCard, ApplePay, and GooglePay cards.
- post-payment upon receipt of the Goods at the branch of the forwarding company "Nova Poshta", if the Buyer chose this option when placing the Order. According to the Agreement, this method is allowed only if the Goods are received in a locality located on the territory of Ukraine, taking into account clause 6.4. Agreement.
5.2. Payment for the Goods is made in the national currency of Ukraine.
5.3. If funds are not received, the Seller reserves the right to cancel the Order, which will be considered a unilateral termination of the Agreement.
- Terms of delivery of the Order
6.1. On the territory of Ukraine, the delivery of Goods purchased in the online store is carried out by the forwarding company "Nova Poshta" LLC by delivery to the "Nova Poshta" branch indicated in the Order, with subsequent independent receipt of the Goods by the Buyer.
6.2. Along with the Order, the Buyer is provided with the documents required by the current legislation of Ukraine.
6.3. The place of delivery of the Goods is indicated by the Buyer when placing the Order for the purchase of the Goods.
6.4. The delivery of the Goods is carried out throughout the territory of Ukraine, with the exception of temporarily annexed/occupied territories, as well as outside the borders of Ukraine.
6.5. International delivery of the Goods outside the territory of Ukraine is carried out by the forwarding company "Nova Poshta" or "Ukrposhta", depending on the country of delivery of the Goods, and with a fixed cost.
6.6. When delivering the Goods to the Buyer, transportation, and delivery of such Goods are carried out at the Buyer's expense. The Buyer also pays at his own expense the amount of money transfer fees for the purchased Goods, including the cost of the "post-paid" service of the Forwarding Company, if the Buyer keeps the Goods for himself.
6.7. When delivering the Goods with the help of the Forwarding Company, the Buyer fully and unconditionally agrees to the Rules of cargo transportation of the relevant Forwarding Company (including the cost of delivery).
6.8. Ownership of the Goods is transferred to the Buyer from the moment the Goods are transferred to the Buyer by any of the methods provided for in the Agreement and the Buyer pays the full price of the Goods.
6.9. The Seller shall dispatch the Order within 3 working days from the moment the Order is properly processed by the Seller, but in any case no later than within 30 days. Fulfillment of this term depends on the availability of the Goods in the online store.
- Rights and obligations of the parties:
7.1. The Seller has the right to:
- unilaterally suspend the sale of the Goods to the Buyer or terminate this Agreement in the event that the Buyer violates the terms of this Agreement;
- to make changes to the materials and information (including about the Goods) offered in the online store at any time, but the characteristics and price of the Goods in the Order confirmed by the Seller remain unchanged;
- to make changes to the terms of this Public Offer unilaterally, by placing (publicizing) it in a new version on the Internet site. Changes enter into force from the moment of their posting (publication), unless a different period of entry into force is additionally determined upon their publication.
- to refuse to conclude the Agreement if he does not have the opportunity to sell the relevant Product to the Buyer, subject to the return of already paid funds for the Product to the Buyer;
- organize the delivery of Orders, involving third parties in providing delivery services;
- exercise other rights provided for by the legislation of Ukraine and this Agreement.
7.2. The Seller is obliged to:
- send the Buyer confirmation of the Order or notify him of the impossibility of fulfilling the Buyer's Order;
- hand over the Goods to the Buyer after he has paid for such Goods;
- check the quality and quantity of the Goods when handing them over to the Buyer;
- properly fulfill the terms of this Agreement.
7.3. The buyer is obliged to:
- timely pay and receive the Order under the terms of this Agreement.
- read the information about the Product (its description), which is posted on the Internet site, before the Order is placed and sent.
- by the time of Acceptance of this Public Offer, familiarize yourself with all its terms and conditions
- when placing the Order, provide the Seller with all the information necessary for the delivery of the Order in accordance with the Order form. The Buyer bears full responsibility for providing false information, which caused the inability of the Seller to properly fulfill its obligations to the Buyer.
- familiarize yourself with the Rules of freight forwarding companies before placing the Order.
7.4. The buyer has the right to:
- place an Order in the online store;
- draw up an electronic contract;
- on the terms specified in the Agreement, to terminate the Agreement in case of absence of the Goods in the online store, in cases of return of the Goods to the Seller, and in other cases stipulated by the Agreement;
- to require the Seller to fulfill the terms of this Agreement.
- Liability of the parties
8.1. The parties are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the current legislation of Ukraine.
8.2. The seller is not responsible for:
- the appearance of the Product changed by the manufacturer;
- for slight inconsistency in the color range of the Product, which may differ from the original product solely due to different properties of color transfer by personal computer monitors of individual models;
- for the content and truthfulness of the information provided by the Buyer when placing the Order, including for losses incurred by the Buyer as a result of incorrect execution of the Order;
- for delays and interruptions in the processing of the Order and delivery of the Goods, which occur for reasons beyond his control;
- for damage caused as a result of improper use of the Goods by the Buyer;
- for the actions or inaction of third parties, including for damage caused to the Buyer as a result of illegal actions of third parties. The Seller does not compensate the Buyer for losses related to such actions or inaction;
- for unlawful and illegal actions carried out by the Buyer using this access to the Internet;
- for the transfer by the Buyer of his network identifiers - IP, MAC address, login, and password to third parties;
- for the actions of the Forwarding Company, including the terms of transportation by the Forwarding Company, as well as for the preservation of the delivery. After the transfer of the Goods to the Forwarding Company, the relevant Forwarding Company shall be responsible for the preservation of the Goods until the moment of its transfer to the Buyer;
- in other cases provided for by the current legislation of Ukraine and/or the Agreement.
8.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
8.4. In the event of force majeure, the parties are released from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unforeseen nature, such as military operations, strikes, riots, accidents, natural disasters, changes in the legislation of Ukraine, as well as other circumstances that arose after the conclusion of this Agreement and directly affect the fulfillment of the terms of this Agreement and the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.4.1. The Party for which it became impossible to fulfill its obligations due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, as well as provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days. Such confirmation will be a corresponding document issued by the authorized Chamber of Commerce and Industry of Ukraine or another duly authorized state body located at the place of occurrence of force majeure circumstances.
8.5. The parties shall make every effort to resolve any disagreements exclusively through negotiations.
8.6. The responsibility for money transfers made by the Buyer lies entirely with the banks and payment systems whose services the Buyer decides to use.
- Procedure for return and exchange of Goods. Warranty obligations
9.1. The Buyer has the right to return or exchange the Goods of the appropriate quality for a similar one from the Seller, if the Goods did not satisfy him in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by him for their intended purpose under the following conditions:
- A) Goods for exchange to the Seller provided within no more than 14 (fourteen) days, excluding the day of purchase;
- B) The product can be replaced if it has never been used, does not contain traces of use, and if its appearance, consumer properties, and films are preserved, the integrity of the packaging of both the product itself and its accessories is not violated;
- C) The product does not contain scratches, chips, wear and tear, it is fully functional;
- D) the completeness of the sold Product is preserved;
- d) The Goods can be replaced upon presentation by the Buyer of the settlement document issued to the Buyer together with the sold Goods, or the electronic settlement document sent to the subscriber number or e-mail address provided by the Buyer.
9.1.1. Requirements of clause 9.1. do not apply to goods that, in accordance with Appendix No. 3 to Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 "On the implementation of certain provisions of the Law of Ukraine "On the Protection of Consumer Rights", are included in the List of goods of appropriate quality that are not subject to exchange (return ). The seller does not exchange the Goods and returns the Goods and funds if the Goods are included in such a list of goods that are not subject to exchange (return).
9.1.2. In case of exchange or return, the Goods must be sent to the Seller by the same forwarding company that originally delivered the Goods to the Buyer.
9.2. In the event that the Product does not meet the conditions specified in paragraphs А) - D) clause 9.1., the Seller has the right to refuse the exchange of the Goods and the return of funds for them.
9.3. Transport costs for the delivery of the Goods to the Seller when exchanging and returning the Goods are borne by the Buyer.
9.4. 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 price, or to terminate the Agreement and receive money back in the amount of the value of the returned Product, or to exchange the Product for a similar product at the first time receipt of the relevant Product for sale. Upon termination of the Agreement, the money paid for the Goods shall be returned to the Buyer within the terms established by the legislation of Ukraine.
9.5. When exchanging or returning the Goods, the Buyer is obliged to fill out and sign the relevant Application for exchange (or return) of the goods, a sample of which is posted on the Internet site, and submit it to the Seller together with the Goods and the settlement document.
9.6. Return of goods of inadequate quality.
9.6.1. If the Buyer complies with all the conditions of use of the Goods during the warranty period, the Buyer may return the Goods of inadequate quality to the Seller and demand a proportional reduction in the price of the Goods, the free elimination of the defects of the Goods within a reasonable time, reimbursement of the costs of eliminating the defects of the Goods.
The requirements of the Buyer, established by para. 1 of this clause, are presented to the Seller at the Buyer's option. The buyer has the right to present one of the specified requirements, and in case of non-fulfillment, to state another specified requirement.
9.7. Clothing sold by the Seller has a warranty period of 30 (thirty) calendar days from the start of the season:
- spring-summer assortment - from April 1
- autumn-winter assortment - from October 1.
The warranty period is 30 (thirty) days for the rest of the Goods, which do not have statutory or regulatory warranty periods.
9.8. The seller provides guarantees of the quality of the goods in accordance with the quality requirements established on the territory of Ukraine.
9.9. Warranty obligations do not apply in case of self-repair and/or traces of repair attempts, dissection, mechanical damage to the Product, etc.
- Other conditions
10.1. The online store was created to organize a remote method of selling goods via the Internet.
10.2. The buyer is responsible for the accuracy of the information specified when ordering information. At the same time, when making an Acceptance (ordering) and subsequent payment for the Goods, 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".
10.3. If the Buyer has any claims or suggestions during the term of the Agreement, he can contact the Seller with a written statement to the Seller's e-mail address: firstname.lastname@example.org, in which the essence of the problem, the Buyer's full name, and the address must be indicated. The Seller, having received a written statement, considers it within 7 (seven) working days from the moment of its receipt and provides a written (or in the form requested by the Buyer) response.
10.4. The use of the online store resource to preview the Product, as well as to place an order for the Buyer, is free of charge.
10.6. The place of conclusion of the electronic Agreement is the actual place of residence of the natural person-entrepreneur who is the Seller of the Goods.
10.7. The Agreement is public and is valid until its full implementation by the Parties or until it is terminated by any of the Parties in accordance with the procedure established by this Agreement and the current legislation of Ukraine.
10.8. Prior to the expiration of this Agreement, this Agreement may be terminated by mutual agreement of the parties before the actual delivery of the goods, by means of a refund.
10.9. The Parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment of the terms of this Agreement by one of the Parties, and in the cases stipulated by the current legislation of Ukraine.
10.10. The invalidity of any clause or part of this Agreement does not lead to the invalidity of the Agreement as a whole.