Public offer agreement
This agreement is addressed to Consumers and is an official and public offer of the Seller, represented by FOP Snitsarenko O.A., which acts on the basis of an entry in the unified register of legal entities, individual entrepreneurs and civil formations record number: 2 026 000 0000 024668, dated 09.12 .2009. The consumer, acting for the purpose of purchasing the Goods, accepts the terms of this agreement (hereinafter referred to as the Agreement) on the following:
1. GENERAL PROVISIONS
1.1. This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine), its conditions are the same for all buyers, regardless of status (natural person, legal entity, individual – entrepreneur).
1.2. If the terms of this agreement are accepted, i.e. the Seller’s public offer, the consumer becomes the Buyer.
1.3. By concluding the Agreement, the Buyer confirms that he is fully and fully familiar with and agrees with its terms, and also, if the Buyer is an individual, gives permission for the Seller to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, and also for receiving invoices, acts and other documents. The permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by the conclusion of this Agreement, the Customer confirms that he is notified (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, of the purposes of collecting data, and that his personal data is transferred to the Seller in order to fulfillment of the terms of this Agreement, the possibility of carrying out mutual settlements, as well as for receiving invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of processing personal data. The scope of the Customer’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.
2. TERMS AND DEFINITIONS
Site Visitor – a person who came to the site indomalaytea.com without the purpose of placing an Order.
User – an individual, a visitor to the Site, accepting the terms of this Agreement and wishing to place Orders on the site indomalaytea.com.
Buyer – a User who has placed an Order on the indomalaytea.com website.
Seller – FOP Snitsarenko O.A., which acts on the basis of an entry in the unified register of legal entities, individual entrepreneurs and civil formations, entry number: 2 026 000 0000 024668, dated 09.12.2009, established in accordance with the Legislation of Ukraine, leading management of a website hosted on the Internet at indomalaytea.com.
Online store – an Internet site owned by the Seller, located on the Internet at indomalaytea.com, where the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of the Goods to Buyers are presented.
The website is indomalaytea.com.
Product – a list of products published on the website of the online store, for which the price, name and description of the product are indicated. Also, the product may be accompanied by its image.
Order – a duly completed Buyer’s request for purchase and delivery to the address specified by the Buyer, selected on the Site.
Personal account – the Buyer’s personal section on the Seller’s website, which the Buyer has access to, which displays his personal information and the history of the Orders placed by him.
3. SUBJECT OF THE CONTRACT
3.1. The subject of this Agreement is to enable the User to purchase for personal, family, household and other needs not related to the implementation of entrepreneurial activities, the Goods presented in the catalog of the online store at indomalaytea.com/shop.
3.2. This Agreement applies to all types of Goods and services presented on the Site, as long as such offers with a description are present in the catalog of the online store.
4. GOODS AND ORDER OF PURCHASE
4.1. The Seller ensures that the Products presented on the Site are available in his warehouse. The photographs accompanying the Product may slightly differ from the actual appearance of the Product, given the peculiarities of the color transfer of various devices with which the Site is viewed. Descriptions / characteristics accompanying the Product do not claim to be exhaustive and may contain typographical errors.
4.2. In the absence of the Goods ordered by the Buyer in the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer’s Order, notifying the Buyer about this by sending an appropriate email message to the address indicated by the Buyer during registration, or in another way.
4.3. In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.
4.4. The Buyer is fully responsible for the provision of incorrect information, which entailed the impossibility of the Seller’s proper performance of its obligations to the Buyer.
4.5. After placing the Order on the Site, the Buyer is provided with information about the estimated delivery date by sending an email to the address specified by the Buyer during registration, or by phone. The manager serving this Order clarifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Products in the Seller’s warehouse and the time required for processing and delivery of the Order.
4.6. The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by the manager serving the Order by e-mail or during a test call to the Buyer.
5. PRICE AND PAYMENT PROCEDURE
5.1. The price of each individual Product is determined by the Seller and is indicated on the website of the online store. The price of the Order is determined by adding the price of all the Goods included in the Order, which is equal to the amount payable, which is indicated on the website of the online store when placing the Order at the time of its placement.
5.2. The contract price is equal to the order price. The amount of the order may vary depending on the price, quantity or nomenclature of the Goods.
5.3. The Buyer makes payment for the Goods in accordance with the Order. The buyer independently chooses one of the following payment methods:
payment using electronic payment systems;
5.4. Payment for the Services is carried out in the national currency of Ukraine.
5.5. The order is considered paid from the moment payment is received on the account of the Seller or his representative. The fact of payment for the Order indicates the Buyer’s agreement with the terms of this agreement.
5.6. The price of the Goods, which is indicated on the website of the online store, can be changed by the Seller unilaterally. In this case, the price for the Goods ordered by the Buyer is not subject to change.
5.7. Until the Buyer’s funds are credited to the Seller’s account, the goods are not reserved. The Seller cannot guarantee the availability of the Seller’s Goods in the quantity specified at the time of placing the Order, as a result of which the processing time of the Order may increase. If it is necessary to make a refund by the Seller to the Buyer in order to make a refund, the Buyer must inform the Seller of the bank account details to which the Seller is obliged to transfer the funds.
6. RETURN OF GOODS AND CASH
6.1. The return of the Goods is carried out in accordance with the “Return Conditions” indicated on the Site.
6.2. Return of goods of proper quality:
6.2.1. The Buyer has the right to refuse the ordered Goods at any time before receiving it, and after receiving the Goods – as agreed with the Seller.
6.2.2. If, at the time of the Buyer’s request, a similar product is not on sale from the Seller, the Buyer has the right to refuse to execute this Agreement and demand the return of the amount paid for the specified Product. The seller is obliged to return the amount paid for the returned product within 3 days.
6.3. Return of goods of inadequate quality:
6.3.1. A product of inadequate quality means a product that has a clear manufacturing defect. The received Product must correspond to the description on the Site. The difference in design or decoration elements from the description declared on the Site is not a sign of inadequate quality.
6.3.2. The appearance of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Goods.
6.3.4. Claims for the return of the amount of money paid for the goods are subject to satisfaction within 14 days from the date of the corresponding request (Law of Ukraine No. 1023-XII “On the protection of user rights”, 05/12/1991).
6.4. Refunds are made by returning the cost of the paid Goods in cash.
The Seller is not responsible for the choice of the Goods by the Buyer, he only guarantees the compliance of the ordered items.
8. CONFIDENTIALITY AND PROTECTION OF INFORMATION
8.1. When registering on the Site, the User provides the following information: full name, phone number, email address, delivery address.
8.2. By providing his personal data to the Seller, the Site Visitor / User / Buyer agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller, as well as the transfer of personal data to third parties involved by the Buyer to fulfill obligations to the Site Visitor / User / Buyer within the framework of this Public Offer.
8.3. The Seller uses the personal data of the User / Buyer:
to register the User on the Site;
to fulfill their obligations to the User / Buyer;
to evaluate and analyze the work of the Site;
to determine the winner in promotions conducted by the Seller.
8.3.1. The Seller has the right to send informational messages, including advertising messages, to the e-mail and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
8.4. The seller has the right to use the “cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.
8.5. The seller receives information about the ip-address of the Site Visitor. This information is not used to identify the visitor.
8.6. The Seller is not responsible for the information provided by the User / Buyer on the Site in a public form.
9. ADDITIONAL TERMS
9.1. The online store and the services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The Seller’s technical service has the right to periodically carry out the necessary preventive or other work with or without prior notification to the Buyers.
9.2. The provisions of Ukrainian legislation apply to the relationship between the User / Buyer and the Seller.
9.3. The parties shall make every effort to resolve any disagreements that arise solely through negotiations. If an agreement is not reached, the dispute will be referred to a judicial authority in accordance with the current legislation of Ukraine.
9.4. In the event of force majeure, documented by the relevant authorities, the parties are exempted from the execution of this agreement.
9.5. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.