PUBLIC CONTRACT (OFFER) order, Purchase and sale and delivery of goods This agreement is an official and public offer of the seller to conclude a contract for the purchase and sale of goods presented on the website pornochiobrand.com this agreement is public, that is, in accordance with article 633 of the Civil Code of Ukraine, its terms are the same for all buyers, regardless of their status (individual, legal entity, individual entrepreneur) without providing an advantage to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unfair order, and all other terms of the agreement. The contract is considered concluded from the moment the "Confirm Order" button is clicked on the checkout page in the "shopping cart" section and the buyer receives an order confirmation from the seller in electronic form.
1. Definition of terms
1.1. public offer (hereinafter referred to as the "offer") - a public offer of the seller addressed to an indefinite circle of persons to conclude with the seller a contract for the purchase and sale of goods remotely (hereinafter referred to as the "agreement") on the terms contained in this offer.
1.2.a product or service is an object of agreement between the parties that was selected by the buyer on the website of the online store and placed in the shopping cart, or has already been purchased by the buyer from the seller remotely.
1.3. online store-the seller's website at www.pornochiobrand.com created for concluding retail and wholesale purchase and sale agreements based on familiarizing the buyer with the product description offered by the seller via the Internet.
1.4. buyer-a capable individual 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 individual entrepreneur.
1.5. seller-Limited Liability, a legal entity established and operating in accordance with the current legislation of Ukraine:
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 Offer Agreement (acceptance of the offer) and the moment of Full and unconditional acceptance by the buyer of the terms of the agreement is considered to be the date of filling out the order form by the buyer located on the website of the online store, provided that the buyer receives confirmation of the order from the seller in electronic form. If necessary, at the request of the buyer, the contract can be drawn up in writing.
3. Placing An Order
3.1.the buyer independently places an order in the online store through the "shopping cart" form, or by placing an order by e-mail or by calling the phone number specified in the Contacts 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 raises suspicions about 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 complete the order:
3.3.1. last name and first name of the buyer;
3.3.2. address to which the Goods should be delivered (if the delivery is to the buyer's address);
3.3.3. contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4.the name, quantity, article number, and price of the product chosen by the buyer are indicated in the buyer's shopping cart on the online store's website.
3.5.if any of the parties to the agreement needs additional information, they have 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 a high-quality service to the buyer when purchasing goods in the online store.
3.6. when placing an order through the seller's operator (Clause 3.1. of this offer), the buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this offer.
3.7.the buyer accepts the terms of this offer by entering the relevant data in the registration form on the website of the online store or when placing an order through the operator. After placing an order through the operator, data about the buyer is entered in the seller's database.
3.8.the buyer is responsible for the accuracy of the information provided when placing the order.
3.9. by entering into a contract, i.e. accepting the terms of this offer (the proposed terms of purchase of goods), by placing an order, the buyer confirms the following:: a) the buyer is fully familiar with and agrees to the terms of this offer (offer); B) it gives permission for the collection, processing and transfer of personal data, 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 entering into the agreement, the buyer confirms that he is notified (without additional notice) of the rights established by the law of Ukraine "on personal data protection", the purpose of data collection, as well as that his personal data is transferred to the seller in order to fulfill the terms 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 notifications from the buyer in order to fulfill the buyer's order. The scope of the buyer's rights as a personal data subject in accordance with the law of Ukraine "on personal data protection" is known and understood.
4. Product Price and delivery
4.1 prices for goods and services are determined by the seller independently and are indicated on the website of the online store. All prices for goods and services are listed on the website in UAH, including VAT.
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 an individual unit of goods, the cost of which is paid by the buyer in full, cannot be changed by the seller unilaterally.
4.3.the cost 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 goods in accordance with the current tariffs 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 may specify the estimated cost of delivery of the goods to the buyer's address when the buyer makes a corresponding request to the seller by sending an email or when placing an order through the operator of the online store.
4.6.the buyer's obligations to pay for the goods are considered fulfilled from the moment the seller receives funds to his account.
4.7. payments between the seller and the buyer for the goods are made using the methods specified on the website of the online store in the section "payment and delivery".
4.8.upon receipt of the goods, the buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the goods with qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9.when accepting the goods, the buyer or his representative confirms with his signature in the product receipt/ or in the order/ or in the consignment note for delivery of goods that he has no complaints about the quantity of goods, appearance and completeness of the goods.
4.10.the right of ownership and the risk of accidental loss or damage of the goods passes 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 when the goods are delivered independently from the seller, or when the seller transfers the goods to the delivery service (carrier) chosen by the buyer.
5. Rights and obligations of the parties
5.1. the seller must:
5.1.1. transfer the goods to the buyer in accordance with the terms of this Agreement and the buyer's order.
5.1.2.do not disclose any private information about the buyer and do not provide access to this information to third parties, except in cases stipulated 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 prices for goods and services, unilaterally by posting them on the website of the online store. All changes take effect from the moment they are published.
5.3 the buyer undertakes to:
5.3.1 before entering into the agreement, read 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 its obligations to the buyer, the latter must provide all necessary data that uniquely identifies it as the buyer and is sufficient for delivery of the ordered goods to the buyer.
6. Return Of The Product
6.1.the buyer has the right to return non-food products of proper quality to the seller if the product does not satisfy him in 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, not counting the day of purchase. Return of goods of proper quality is made if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued to the buyer for payment for the goods are 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. return to the buyer of the cost of goods of proper quality is carried out within 30 (thirty) calendar days from the date of receipt of such goods by the seller, subject to compliance with the requirements provided for in Clause 6.1. of the agreement, the current legislation of Ukraine.
6.3.the cost of the goods is subject to refund by bank transfer to the buyer's account.
6.4. The Return of goods of proper quality to the seller's address is carried out at the buyer's expense and the seller does not reimburse the buyer.
6.5.in case of detection of defects in the goods within the established warranty period, the buyer personally, in accordance with the procedure and within the time limits established by the legislation of Ukraine, has the right to submit to the seller the requirements provided for by the law of Ukraine "on consumer rights protection". When making claims for free elimination of defects, the period for their elimination is counted from the date of receipt of the goods by the seller at its disposal and physical access to such goods.
6.6. consideration of the requirements provided for by the law of Ukraine "on consumer rights protection" is carried out by the seller, provided that the buyer provides the documents provided for by the current legislation of Ukraine. The seller is not responsible for defects in the goods that have occurred after their transfer to the buyer as a result of the buyer's violation of the rules for using or storing the goods, actions of third parties or force majeure.
6.7.the buyer does not have the right to refuse goods of proper quality that have individually defined properties, if the specified goods can be used exclusively by the buyer who purchased them (including, at the request of the buyer, non-standard dimensions, characteristics, appearance, equipment, etc.). Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics specified in the online store.
6.8. return of goods, in cases stipulated by law and this agreement, is carried out at the address indicated on the website 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 goods purchased from the seller.
7.2.the seller is not responsible for improper, late fulfillment of orders and its obligations if the buyer provides false or erroneous information.
7.3.the seller and 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 buyer is released from liability for full or partial non-performance of its obligations, if the non-performance is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the seller and / or buyer after the conclusion of this agreement. A party that is unable to fulfill its obligations shall immediately notify the other party.
8. Confidentiality and protection of personal data.
8.1. by providing their personal data on the website of the online store when registering or placing an order, the buyer provides the seller with their voluntary consent to the processing, use (including transfer) of their personal data, as well as performing other actions provided for by the law of Ukraine "on personal data protection", 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 a contract with the seller, including to fulfill 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 their personal data up-to-date. The seller is not responsible for poor-quality performance or non-performance of its obligations due to the lack of relevance of information about the buyer or its inconsistency with reality.
9. Other terms and 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 seller are resolved through negotiations. If the dispute is not resolved through negotiations, the buyer and/or seller have the right to apply for dispute resolution 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. of the 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.