PUBLIC OFFER AGREEMENT
Under this Agreement, the Seller, on the one hand, and any person: natural person and / or INDIVIDUAL ENTREPRENEUR and / or LEGAL ENTITY who has accepted the terms of this Public Offering Agreement – the Buyer, on the other hand, hereinafter – the Parties, this Public Offering Agreement (hereinafter – the Agreement), addressed to an unlimited number of persons, which is the official public offer of the Seller to enter into an agreement with Buyers for the sale of Goods, photos of which are posted in the relevant section of the Website https://www.zugohome.ua
Sellers who intend to sell the Goods through the Website https://www.zugohome.ua and Buyers when purchasing Goods, images of which are posted on the relevant pages of the Website https://www.zugohome.ua, accept the terms of the Agreement about the following.
TERMS
1.1. The contractual relationship between the Seller and the Buyer is executed in the form of a Public Offer Agreement. Clicking on the website https://www.zugohome.ua in the relevant section of the button “Confirm order” means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), according to the current international and Ukrainian legislation, took into account the terms of the Public Offer Agreement, which are listed below.
1.2. The public offer contract is public, ie in accordance with Articles 633, 641 of the Civil Code of Ukraine its conditions are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of ordering, payment and delivery of goods by the Seller, liability for unfair Order and failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force upon clicking on the “Confirm order” button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.
1.4. To regulate contractual relations under the Agreement, the Parties shall select and, if necessary, apply Ukrainian legislation. If an international agreement, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
“Public offer agreement” – public contract, a sample of which is posted on the Website https://www.zugohome.ua, and the application of which is mandatory for all Sellers, which contains the Seller’s offer to purchase the Goods, the image of which is posted on the Website https: / /www.zugohome.ua, aimed at an indefinite number of people, including Buyers.
“Acceptance” – acceptance by the Buyer of the Seller’s offer to purchase the Goods, the image of which is posted on the Website https://www.zugohome.ua, by adding it to the virtual basket and sending the Order.
“Goods” – subject of trade (product, model, accessory, components and accompanying items, any other trade items), for the purchase of which the Seller’s offer is posted on the Website https://www.zugohome.ua.
“Shopper” – any able-bodied natural person, legal entity, natural person-entrepreneur, according to the current Ukrainian legislation, who have visited the Website https://www.zugohome.ua and intend to purchase this or that Goods.
“Seller” –
INDIVIDUAL – ENTREPRENEUR KUCHIROVA SVITLANA ANATOLIYIVNA
, according to the current international and Ukrainian legislation, who are the owner or distributors of the Goods and with the help of the Website https://www.zugohome.ua intend to sell it.
“Order” – duly executed and posted on the Website https://www.zugohome.ua Buyer’s application for the purchase of Goods addressed to the Seller.
“Legislation” – norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.
“Significant disadvantage of the Goods” – the defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination is manifested again for reasons beyond the control of the consumer;
Nova Poshta LLC – courier service that provides express delivery of documents, cargo and parcels for individuals and businesses.
POST FINANCE LLC – is a financial institution that provides financial services for non-cash transfer of funds in national currency between NOVA POSTA and the Seller.
LiqPay – Ukrainian payment system, an open web application that allows you to accept payments and transfer money to a current account using a mobile phone, Internet and payment cards – through which payments are made (cashless transfer of funds) from Buyers to Seller to pay for the Goods.
SCOPE OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of the Order issued by the Buyer on the relevant page of the Website https://www.zugohome.ua, and the Buyer undertakes on the terms and in the manner specified by the Buyer under this Agreement, purchase the Goods and pay for it.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to it.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or fictitious agreement or an agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits to conduct business, which regulate the scope of legal relations arising and operating in the course of performance of the Agreement, and also guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to be liable in case of violation of the rights of the Buyer in the process of performance of the Agreement and sale of the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller must:
comply with the terms of the Agreement;
fulfill the Buyer’s order in case of payment from the Buyer;
to transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website https://www.zugohome.ua, executed by the Order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
notify the buyer of a possible additional commission when paying.
4.2. The seller has the right to:
unilaterally suspend the provision of services under the Agreement in case the Buyer violates the terms of the Agreement.
4.3. Seller:
INDIVIDUAL – ENTREPRENEUR KUCHIROVA SVITLANA ANATOLIYIVNA
Ukraine, 01004, Kyiv city, POOL STREET, building 11-13 USREOU: 41932831
Recipient code: 2766005248
Recipient’s account in IBAN format: UA073206490000026009052750971
Currency: UAH BRANCH “DEVELOPMENT CENTER” JSC CB “PRIVATBANK”
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer must:
timely pay and receive orders under the terms of the Agreement;
to get acquainted with the information about the Goods, which is posted on the Website https://www.zugohome.ua,
upon receipt of the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by inspecting the contents of the package only after full payment for such Goods. In case of detection of damages or incomplete complete set of the Goods – to fix them in the act which together with the Buyer should be signed by the person who has carried out its delivery to the Buyer.
5.2. The buyer has the right to:
place an order on the relevant page of the Website https://www.zugohome.ua
require the Seller to fulfill the terms of the Agreement;
to inform about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDERING PROCEDURE
6.1. The Buyer places the Order on the relevant page of the Website https://www.zugohome.ua by adding the Goods to the virtual basket by clicking the “Add to Cart” button, or by placing an order at the phone number specified in the contact section of the Website https : //www.zugohome.ua.
6.2. The term of formation of the Order is up to 5 working days from the moment of its registration. If the Order is sent on a weekend or holiday, the formation period begins on the first day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website https://www.zugohome.ua. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The Buyer can pay for the Order in the following ways:
1) upon receipt of the Order in the representative office of the delivery service of Nova Poshta LLC with the help of the intermediary of the financial company POST FINANCE LLC on the territory of Ukraine or on the territory of another country in accordance with the place of ordering the Goods.
2). when ordering the Goods directly on the website page https://www.zugohome.ua by clicking in the appropriate section of the site button “Confirm the order” – payment for the Goods is made by – LiqPay .
TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery, the order of payment and receipt is specified on the relevant page of the Website https://www.zugohome.ua.
8.2. Upon delivery of goods in m. Kyiv and other cities of Ukraine, performed by NOVA POSTA LLC The Buyer fully and unconditionally agrees with the Rules of Carriage of Goods of NOVA POSTA LLC.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by Nova Poshta LLC, the Buyer confirms with his own painting in the consignment note, the declaration of the company Nova Poshta LLC, upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods of the company LLC “NEW MAIL” in the amount specified and paid by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.
8.4. In case of absence of the Buyer at the delivery address indicated by the Buyer in the application or refusal of the Buyer to receive the Goods for unreasonable reasons, upon delivery by courier of NOVA POSTA LLC, the Goods are returned to the Seller’s shipment point. Payment for the services of NOVA POSTA LLC is made in full by the Seller.
8.5 . Ownership of the Goods from the Seller to the Buyer passes at the time of the actual transfer of the Goods (parcels / shipments) in any branch of LLC “NEW POST” and, accordingly, payment by the Buyer for such (transferred) Goods (parcels / shipments). All questions that arise in the process of payment and receipt of the Goods, the Buyer can find out from the contact information in the Contacts section. In case of the Buyer’s refusal to receive the Goods (parcel / shipment) and / or payment for the Goods (parcel / shipment), the ownership of the Goods does not pass from the Seller to the Buyer.
CONDITIONS OF RETURN OF GOODS
9.1. The buyer has the right to return the goods within 60 calendar days. For the returned goods, the customer is credited with bonuses in the amount of the value of the goods in his personal account, which the customer can use for one year.
9.2. If the Buyer intends to return the Goods, such return is subject to the rules and conditions of the courier company NOVA POSHTA, which operate in Ukraine or in another country in accordance with the place of receipt of the Goods.
9.3. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer receives the Goods in good condition – without any mechanical damage and in full.
RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian law.
10.2. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be settled in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJOR CIRCUMSTANCES
11.1. The Parties shall not be liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure, ie events or circumstances really beyond the control of such Party, occurred after conclusion of this Agreement, which are unforeseen and unavoidable.
Force majeure includes, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents. at sea, embargoes, catastrophes, restrictions imposed by public authorities (including allocations, priorities, formal requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.
11.2. A Party for which it has become impossible to fulfill its obligations under this Agreement due to force majeure shall immediately notify the other Party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days to provide the other Party with confirmation of force majeure . Such confirmation shall be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended for any period during which performance has been delayed due to the above circumstances.
11.4. If, due to force majeure, the non-performance of obligations under this Agreement lasts for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing. Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties shall make final settlements.
Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties shall make final settlements.
OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.).
12.2. By self-acceptance of the Agreement or registration on the Website https://www.zugohome.ua (filling in the registration form) the Buyer voluntarily agrees to the collection and processing of their personal data for the following purpose: the data that becomes known will be used for commercial purposes, including including for processing orders for the purchase of goods, receiving information about the order, sending telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activities of the Website https : //www.zugohome.ua
For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.
12.3. The buyer gives the right to process his personal data, including: to place personal data in the database (without additional notice), to carry out lifelong storage of data, their accumulation, update, change (as needed). The Seller undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these objectives, as well as at the mandatory request of the competent public authority).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and veracity of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified in the order.