Public Offer Agreement
Public Offer Agreement
to order, purchase and sale and delivery of goods
This agreement is the official and public offer of the
Seller to conclude an agreement of sale of the Goods presented
on the website beomdesign.com.ua. This agreement is public, that is, in
accordance with Article 633 of the Civil Code of Ukraine, its conditions are
the same for all buyers regardless of their status (individual, legal entity,
individual entrepreneur) without giving preference to one buyer over another.
By concluding this Agreement, the buyer fully accepts the terms and conditions
of placing an order, paying for the goods, delivering the goods, returning the
goods, responsibility for an unscrupulous order and all other terms of the agreement.
The agreement is considered concluded from the moment the Buyer receives the
confirmation of the order in electronic form from the Seller.
1.Definition of terms
1.1.Public offer (hereinafter - the "Offer") - the public offer of
the Seller, addressed to an unspecified circle of persons, to conclude an
agreement for the sale of goods remotely with the Seller (hereinafter - the
"Agreement") on the terms contained in this Offer.
1.2. The product or service is the object of the agreement of the parties,
which was selected by the buyer on the website of the online store, or already
purchased by the buyer from the seller remotely.
1.2. Online store – the Seller's website at the address www
beomdesign.com.ua is created for the conclusion of retail and wholesale sales agreements
on the basis of the Buyer's familiarization with the description of the Goods
proposed 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 Internet store for purposes.
1.4. The seller is individual entrepreneur Yergieva Natalya Valeriivna
(identification code 2461309883)
2.Scope 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 Agreement-offer (acceptance of the offer) and the
moment of full and unquestionable acceptance by the Buyer of the terms of the Agreement
shall be deemed to be the receipt of the order confirmation by the Buyer from
the Seller in electronic form. If necessary, at the request of the Buyer.
3.Order processing
3.1. The buyer places an order in the online store on his own by confirming
the order in electronic form.
3.2. The Seller has the right to refuse to transfer the order to the Buyer
if the information provided by the Buyer during the order placement is
incomplete or raises suspicions about their 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.Name, quantity of the Product chosen by the
Buyer.
3.5.If any of the parties to the agreement needs
additional information, 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 or for refunds when the Buyer returns the goods.
3.6.The buyer is responsible for the accuracy of
the information provided when placing the Order.
3.7.By concluding the Agreement, i.e. accepting
the terms of this offer (the proposed terms 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 terms 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 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", 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 mutual settlements, as well as to receive
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 notice from the Buyer for the purpose of fulfilling 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.
4. Price and Delivery of the Goods
4.1 Prices for Goods and services are determined by the Seller
independently and are 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 has been paid in full by the Buyer, cannot be
changed by the Seller unilaterally.
4.3 In the case of delivery of goods by mail on the condition of cash on delivery using the "cash on delivery" service, the Buyer is obliged to pay the cost of delivery and return of the Goods in the amount of 200 (two hundred) hryvnias before the date of shipment of the goods by the Seller. This amount of money is not subject to return to the Buyer in any case.
4.4.The Buyer's obligations to pay for the Goods
are considered fulfilled from the moment the funds are received by the Seller
on his account.
4.5.Settlements between the Seller and the Buyer
for the Goods are made by the methods specified on the website of the online
store in the "Payment and Delivery" section or otherwise agreed upon
by the parties when placing the order.
4.6.When receiving the goods, the Buyer must check the conformity of the Goods
with the qualitative and quantitative characteristics (product name, quantity,
completeness, expiration date) in the presence of the representative of the
delivery service (carrier).
4.7.The buyer or his representative at the time of acceptance of the goods
confirms with his signature on the goods receipt / or in the order / or in the
transport invoice for the delivery of goods, or when paying for the goods, that
he has no claims to the quantity of the goods, the appearance and completeness
of the goods.
4.8. The right of ownership and the risk of
accidental loss or damage to the Goods shall be transferred 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 independent delivery of the Goods from the
Seller, or during the handover 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. Not to disclose any private information about the Buyer and not to
provide access to this information to third parties, except for cases provided
by law and during the execution of the Buyer's Order.
5.2. The seller has the right to:
5.2.1 Change the terms of this Agreement, as well as the prices of Goods
and services, unilaterally, by posting them on the website of the Internet
store. All changes take effect from the moment of their 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 website of the online store.
5.3.2 In order for the Seller to fulfill his obligations to the Buyer, the
latter must provide all the necessary data that uniquely identify him as the
Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of the Goods
6.1. The Buyer has the right to return to the Seller a non-food product of
appropriate quality, if the product does not satisfy him in terms of shape,
dimensions, style, color, size or for other reasons cannot be used for its
intended purpose. The buyer has the right to return the goods of proper quality
within 14 (fourteen) days, excluding the day of purchase. The return of goods
of appropriate quality is carried out if it has not been used and if its
appearance, consumer properties, packaging, seals, labels, as well as the
settlement document issued to the Buyer for payment of the Goods have been
preserved. The list of goods that are not subject to return on the grounds
provided for in this paragraph is approved by the Cabinet of Ministers of
Ukraine.
6.2. The return to the Buyer of the cost of goods of appropriate quality is
carried out within ___7___ 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 product is subject to refund by bank transfer to the
Buyer's account. In order to return the value of the goods, the Buyer must
provide the Seller with the following data in writing: the Buyer's name and
surname; identification code, passport data, account number for the return of
funds and the name of the bank, name, quantity, of the product to be returned
to the Seller.
6.4. Consideration of the requirements stipulated by the Law of Ukraine
"On the Protection of Consumer Rights" is carried out by the Seller
on the condition that 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 as a result of the
Buyer's violation of the rules of use or storage of the Goods, actions of third
parties or force majeure.
6.5.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 and other). The confirmation that the product has
individually defined properties is the difference in product sizes and other
characteristics specified in the online store.
7. Liability
7.1.The Seller is not responsible for damage
caused to the Buyer or third parties as a result of improper use and storage of
the Goods purchased from the Seller.
7.2.The Seller is not responsible for improper,
untimely fulfillment of Orders and its obligations in the event that the Buyer
provides inaccurate or erroneous information.
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-fulfillment is the result of force majeure circumstances such as: war or
hostilities, earthquake, flood, fire and other natural disasters that occurred
regardless of the will of the Seller and/or The buyer after concluding this agreement.
A Party that cannot 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 taking 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 for the Seller to provide
information to counterparties and third parties acting on the basis of an
agreement 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 irrelevance of information about the Buyer or its
inconsistency.
9. Other conditions
9.1.
This agreement is concluded on the territory of Ukraine and is valid in
accordance with the current legislation of Ukraine.
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, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
10. Gift Certificate
10.1 Gift Certificate/Electronic Gift Certificate (hereinafter referred to as the Certificate) is a card of a certain denomination and a certain validity period, which entitles the Buyer/Holder to purchase goods in the Seller’s store from the assortment available on the date of purchase and certifies the Buyer’s consent to purchase goods in the Seller’s stores in the future on the terms specified in the public agreement.
“Gift Certificate/Electronic Gift Certificate” is not a payment document or security.
“Gift Certificate/Electronic Gift Certificate” is not personal, it can be used by both the person who personally purchased the Certificate and the person who presented the “Gift Certificate”.
The Certificate can be in the form of a card or in the form of a barcode (in electronic form) or printed on paper).
10.2 Each Owner/Holder of the Certificate, when using the latter, agrees (accepts) the terms of the public agreement and undertakes to properly fulfill them.
10.3 If the Certificate is purchased as a gift, the Seller reserves the right to make changes and additions to the procedure for using the certificate by publishing them on the website https://beomdesign.com.ua
The obligation to properly inform the Gift Certificate recipient of the conditions for using the gift certificate, the validity period of the Certificate and the date of its activation lies with the donor of the Certificate.
The obligation to properly familiarize yourself with and fulfill the procedure for using the certificate lies with the Gift recipient (Certificate holder).
10.4 The “Gift Certificate” can be purchased for cash or by making a non-cash payment to the bank account of the “Gift Certificate” Seller.
10.5 “Electronic Gift Certificate” can be purchased using a bank payment card through the Seller’s online store “beomdesign.com.ua” by making a non-cash payment to the Seller’s bank account of the “Electronic Certificate”.
10.6. “Gift Certificate/Electronic Gift Certificate” has fixed denominations: 1000 UAH, 2000 UAH, 5000 UAH. The denomination of the “Gift Certificate/Electronic Gift Certificate” is indicated in hryvnias and is equal to its value.
10.7. When purchasing a “Gift Certificate/Electronic Certificate”, the Buyer pays an amount of money equal to the fixed denomination of the “Gift Certificate/Electronic Certificate” and is a document confirming the preliminary payment of funds (advance payment) for the goods that will be selected by the recipient of the certificate in the future. The final payment for the goods is made in cash or non-cash form in accordance with the terms of the current legislation of Ukraine and this agreement.
10.8 The “Gift Certificate/Electronic Certificate” automatically becomes active immediately from the moment of its purchase (when purchased through the cash register of the Seller’s store) and within 24 hours from the moment of receipt of the “Gift Certificate/Electronic Certificate” (when purchased by non-cash payment), in any case, not before the Seller receives full payment for the value of the Gift Certificate/Electronic Certificate.
10.9 The “Gift Certificate/Electronic Certificate” can be used exclusively during one trade transaction (purchase with one check) or when placing one order through the Seller’s online store “beomdesign.com.ua”.
10.10 When purchasing goods using a "Gift Certificate", the "Gift Certificate" is removed by the Seller when purchasing in the store and deactivated (becomes invalid). When purchasing goods using a "Gift Certificate/Electronic Certificate" on the website https://www. beomdesign.com.ua/ or when ordering courier delivery or at a post office, the "Gift Certificate/Electronic Certificate" is automatically deactivated (becomes invalid).
10.11 If the purchase amount exceeds the nominal value of the "Gift Certificate/Electronic Certificate", the Owner/Holder of the Certificate is obliged to make an additional payment of the difference between the price of the goods and the nominal value of the "Gift Certificate/Electronic Certificate". The additional payment of the difference between the price of the goods and the nominal value of the "Gift Certificate/Electronic Certificate" in the Seller's retail stores is made both by card and in cash. Additional payment of the difference between the price of the goods and the face value of the "Gift Certificate/Electronic Certificate" issued in the online store "beomdesign.com.ua" is carried out exclusively by non-cash payment
10.12 If the purchase amount is less than the face value of the "Gift Certificate/Electronic Certificate", the difference between the price of the goods and the face value of the "Gift Certificate/Electronic Certificate" is not compensated to the Owner/holder, is not transferred to subsequent purchases, and is not subject to payment in any form. After the Owner of the Certificate purchases goods using the "Gift Certificate/Electronic Certificate" for an amount less than the face value of the "Gift Certificate/Electronic Certificate", the Seller's obligation to "Gift