Public offer contract

PUBLIC CONTRACT (OFFER) FOR ORDER, PURCHASE-SALE AND DELIVERY OF GOODS

This contract is an official and public offer of the Seller to conclude a contract of purchase and sale of the Goods presented on the vicellishoes.com website . This contract is public, that is, in accordance with Art. 633, 641 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (natural person, legal person, natural person-entrepreneur) without preference for one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, responsibility for dishonest order and other terms of the agreement. The contract is considered concluded from the moment the “Confirm Order” button is clicked on the order page in the “Cart” section and the Buyer receives an electronic confirmation of the order from the Seller.

1. DETERMINATION OF THE TERM

1.1. Public offer (hereinafter – the “Offer”) – a public offer of the Seller, addressed to an indefinite group of persons, to conclude a contract for the purchase and sale of goods remotely (hereinafter – the “Agreement”) with the Seller on the conditions contained in this Offer.

1.2. A product or service is an object of agreement between the parties, selected by the buyer on the website of the online store and placed in the basket, or already purchased by the buyer from the seller remotely.

1.2. Online store – the Seller’s website at vicellishoes.com is created for the conclusion of retail and wholesale sales contracts based on the Buyer’s familiarization with the description of the Product offered by the Seller using the Internet.

1.3. The buyer is a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to the implementation of business activities, or a legal entity or an individual entrepreneur.

1.4. The seller is Vychelly Limited Liability Company (identification code 42721759), a legal entity created and operating in accordance with the current legislation of Ukraine, located at: Ukraine, 04053, city of Kyiv, ul. Sechevykh Streltsov, building 21, office 501.

1.5. Acceptance – full and unconditional acceptance of the terms of the Public Offer Agreement by the Customer’s concluding actions – payment of the service selected on the Site under the conditions specified in this Agreement.

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 Contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract shall be considered the date of filling out the order form by the Buyer, placed on the website of the online store, provided that the Buyer receives an electronic confirmation of the order from the Seller. If necessary, at the request of the Buyer, the Agreement can be drawn up in writing.

3. PROCESSING THE ORDER

3.1. The buyer places an order independently in the online store through the “Cart” form, or made an order by e-mail 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 causes suspicion of its validity.

3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. last name, first name of the Buyer;

3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer’s address);

3.3.3. contact phone

3.3.4. Identification code for a legal entity or an individual entrepreneur.

3.4. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer’s basket on the Internet store website.

3.5. If additional information is needed for any of the parties to the contract, he has the right to request it from the other party. If the Buyer does not 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 “Basket” form (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this Offer.

3.6. Acceptance by the Buyer of the conditions of this Offer is carried out by the Buyer entering the relevant data into the registration form on the website of the online store or when placing the Order through the operator. After placing the Order through the Operator, the Buyer’s data is entered into the Seller’s database.

3.7. The buyer is responsible for the accuracy of the information provided when placing the order.

3.8. By concluding the Agreement, that is, accepting the conditions of this offer (proposed conditions of purchase of the Goods), by placing the Order, the Buyer confirms the following:

a) The buyer is fully and completely acquainted with and agrees with the conditions of this offer (offer);

b) he gives permission for the collection, processing and transfer of personal data, the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, 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”, the purposes of data collection, and that his personal data is transferred to the Seller for the purpose of fulfilling the conditions of this Agreement, the possibility of carrying out mutual settlements, as well as receiving invoices, deeds 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 from the Buyer to fulfill the Buyer’s order. 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.

3.9 By the conclusion of this Agreement, the Buyer has received in full, in a clear, comprehensible manner, all necessary, available, reliable and timely information and which is necessary for understanding the Buyer’s choice and making an informed decision about the voluntary acceptance of the terms of the Public Offer Agreement;

• The Seller provided the Buyer with the information provided for in Part 2 of Art. 13 of the Law of Ukraine “On Protection of Consumer Rights”;
• By the time of concluding this Agreement, the buyer has fully familiarized himself with his rights and obligations, defined by the Law of Ukraine “On the Protection of Consumer Rights”;
• The buyer has entered into this Agreement knowingly and without coercion;
• The buyer is fully and completely acquainted with and agrees with the terms of the Public Offer Agreement;
• The terms of the Public Offer Agreement are clear to the buyer;
• The buyer fully assumes the obligations provided for in the Agreement;
• The buyer cannot propose his own conditions, but only accept the proposed conditions of this public offer.

4. PRICE AND DELIVERY OF THE GOODS

4.1 The prices of goods and services are determined by the seller independently and indicated on the website of the online store.

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 a separate unit of the Product, the cost of which is paid in full by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The price of the Product, indicated on the website of the online store, does not include the cost of delivery of the Product to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current rates of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

4.4. The price of the Product indicated on the website of the online store does not include the cost of delivery of the Product to the Buyer’s address.

4.5. The Seller can indicate the approximate cost of delivery of the Goods to the Buyer’s address when the Buyer makes a corresponding request to the Seller by sending a letter to the e-mail or when placing an order through the online store.

4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are credited to the Seller’s account.

4.7. Prices are set in national currency, prices are determined independently by the seller;

4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).

4.9. The buyer or his representative at the time of acceptance of the goods confirms with his signature in the goods receipt / or in the order / or in the transport invoice for the delivery of the goods that he has no complaints about the quantity of the goods, appearance and completeness of the goods.

4.10. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon self-delivery of the Goods by the Seller or upon transfer by the Seller of the goods to the delivery service (carrier) chosen by the Buyer.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The seller is obliged to:

5.1.1. Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2. They will not divulge any private information about the Buyer and do not provide access to this information to third parties, except for cases provided by law and when fulfilling the Buyer’s Order.

5.2. The seller has the right to:

5.2.1 Change the terms of this Agreement, as well as prices for Goods and services unilaterally, by posting them on the website of the online store. All changes take effect from the moment of publication.

5.3 The buyer undertakes:

5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Internet store website.

5.3.2 In fulfillment of the Seller’s obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

6. RETURN OF GOODS

6.1. The buyer has the right to return the non-food product of proper quality to the seller, if the product did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons it cannot be used for its intended purpose. The buyer has the right to return the product of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of the product of proper quality is made if it has not been used and if its product type, consumer properties, packaging, seal, labels, as well as the settlement document issued to the Buyer for the payment of the Product have been preserved. The list of goods that are not subject to return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. Refund to the Buyer of the cost of goods of proper quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements stipulated in clause 6.1. Agreement, current legislation of Ukraine.

6.3. The cost of the goods must be returned by bank transfer to the Buyer’s account.

6.4. The return of the Goods of proper quality to the Seller’s address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.

6.5. In the event that defects in the Goods are discovered during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to submit to the Seller the requirements stipulated by the Law of Ukraine “On the Protection of Consumer Rights”. In the case of claims for the gratuitous elimination of defects, the deadline for their elimination is calculated from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.

6.6. Consideration of the requirements stipulated by the Law of Ukraine “On the Protection of Consumer Rights” is carried out by the Seller when the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods that arose after their transfer to the Buyer due to the Buyer’s violation of the rules for the use or storage of the Goods, the actions of third parties or force majeure.

6.7. The buyer does not have the right to refuse a good quality product that has individually defined properties, if the specified product can be used exclusively by the buyer who purchased it (including, at the buyer’s request, non-standard sizes, characteristics, appearance, equipment, etc.) . The confirmation that the product has individually defined properties is the difference between the product sizes and other characteristics specified in the online store.

6.8. The return of goods, in the cases provided for by law and this Agreement, is made to the address specified on the site in the “Contacts” section

7. RESPONSIBILITY

7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.

7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and obligations in case of providing unreliable or false information by the Buyer.

7.3. The Seller and the 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 the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfilment is a consequence of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this contract. The Party that can fulfill its obligations shall immediately notify the other Party thereof.

8. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA.

8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as the performance of 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 the information received from the Buyer. It is not considered a violation of the provision of information by the Seller to counterparties and third parties acting on the basis of the contract with the Seller, including for the fulfillment of 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 lack of relevance of information about the Buyer or its lack of validity.

9. OTHER TERMS

9.1. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine. The contract is considered concluded from the moment of its acceptance by the buyer and until the parties fully fulfill their obligations; The public offer contract itself is valid indefinitely, taking into account the conditions set forth in it;

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities 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, amendments to the Agreement may be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.

9.4. Only the seller has the right to use the copyright and other intellectual property displayed on the site.

ADDRESS AND DETAILS OF THE SELLER:

“VYCHELLA” LIMITED LIABILITY COMPANY

Ukraine, 04053 Kyiv city, ul. Sechevykh Streltsov, building 21, office 501

P/S UA923510050000026009879193988 in JSC “UKRSIBBANK”

MFO 351005

Code 42721759

tel. (067) 007 77 37

e-mail: bespokeshoes.info@gmail.com