PUBLIC CONTRACT (OFFER)
for ordering, buying and selling and delivery of goods
This agreement is an official and public offer of the Seller to conclude a contract for the sale of the Goods presented on the Fairytale Dream website. This contract is public, i.e. 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 giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions of 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 Agreement is considered to be concluded from the moment of clicking the "Confirm Order" button on the checkout page in the "Cart" section and the Buyer receives an electronic confirmation of the order from the Seller.
1. Definitions
1.1. Public Offer (hereinafter referred to as the "Offer") is a public offer of the Seller, addressed to an indefinite number of persons, to conclude a contract for the sale of goods with the Seller remotely (hereinafter referred to as the "Agreement") on the terms contained in this Offer.
1.2. Goods or Services – the object of the agreement between the parties, which was selected by the Buyer on the website of the Online Store and placed in the basket, or has already been purchased by the Buyer from the Seller remotely.
1.3. Online Store – the Seller's website at www. Kazkoviyson.com.ua is created for the conclusion of retail and wholesale sales contracts on the basis of familiarization of the Buyer with the description of the Goods offered by the Seller via the Internet.
1.4. The Buyer is 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 entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.5. Seller – a sole proprietor (identification code 2775209720), an individual who is established and operates in accordance with the current legislation of Ukraine, whose location is: Lviv, st. Promyslova, 50/52
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 the date of filling out by the Buyer of the order form located on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3. Checkout
3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by e-mail or by phone number 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 an 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:
3.1. surname and first name of the Buyer;
3.3.2. the address to which the Goods are to be delivered (if delivered to the Buyer's address);
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the Online Store.
3.5. If any of the Parties to the Agreement needs additional information, it has the right to request it from the other Party. If the Buyer fails to 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 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. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer 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, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully aware of and agrees with the terms of this offer (offer);
b) it gives permission for the collection, processing and transfer of personal data, the permission to process 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 contract, the Buyer confirms that he has been notified (without additional notice) of the rights established by the The Law of Ukraine "On Personal Data Protection", on the purposes of data collection, as well as on the fact that his personal data is transferred to the Seller in order to be able 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 notice to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
4. Price and Delivery of Goods
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 indicated 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 a separate 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 Goods, which is indicated on the website of the Online Store, does not include the cost of delivery of the Goods to the Buyer. The Buyer shall pay the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods, which is indicated on the website of the Online Store, does not include the cost of delivery of the Goods to the address of the Buyer.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer requests the Seller by sending an e-mail 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 to be fulfilled from the moment the funds are credited to the Seller's account.
4.7. Payments 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.
4.8. Upon receipt of the Goods, the Buyer shall, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of the Goods, quantity, completeness, shelf life).
4.9. When accepting the Goods, the Buyer or his representative confirms by his signature in the sales receipt / or in the order / or in the waybill for the delivery of goods that there are no claims to 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 independent delivery of the Goods from the Seller, or during the transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller is obliged to:
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. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Customer'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 come into force from the moment they are published.
5.3 The Buyer undertakes:
5.3.1 Prior to the conclusion of 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 its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
6. Return of goods
6.1. The Buyer has the right to return non-food products of proper quality to the Seller if the goods do not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used by him for their intended purpose.The buyer has the right to return the goods of proper quality within 14 (fourteen) days, excluding the day of purchase. Return of goods of proper quality is carried out if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as a payment 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 shall be approved by the Cabinet of Ministers of Ukraine.
6.2. The cost of goods of proper quality shall be refunded to the Buyer within 14 (fourteen) 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 refundable by bank transfer to the Buyer's account.
6.4. Return of the Goods of proper quality to the address of the Seller is carried out at the expense of the Buyer and is not reimbursed by the Seller to the Buyer.
6.5. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to submit to the Seller the claims provided for by the Law of Ukraine "On Protection of Consumer Rights".In case of submission of 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 his disposal and physical access to such Goods.
6.6. Consideration of the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights" 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 the defects of the Goods that arose after their transfer to the Buyer as a result of 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 has no right to refuse goods of proper quality with individually defined properties, if the said goods can be used only by the Buyer who purchased them (including, at the request of the Buyer, non-standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics indicated in the online store.
6.8. Return of goods, in cases provided for 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 shall not be liable 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 shall not be liable for improper, untimely fulfillment of Orders and its obligations in case the Buyer provides false or erroneous information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be exempt from liability for full or partial non-fulfillment of their obligations if the failure is the result of force majeure such as: war or hostilities, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement.
A Party that is unable to perform its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing his/her personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his/her voluntary consent to the processing, use (including transfer) of his/her personal data, as well as to perform 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 of the provision of information by the Seller 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 their personal data up to date. The Seller shall not be liable for poor performance or non-fulfillment of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Miscellaneous
9.1. This Agreement is concluded on the territory of Ukraine and operates 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 dispute through negotiations, the Buyer and/or the 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 amend this Agreement unilaterally as provided for in clause 5.2.1. Contract. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
FOP Zhuravel-Strizhyk Oleksandra Stepanivna
Lviv, st. Promyslova, bud. 50/52
p/r UA723052990000026008001002198
at JSC CB PrivatBank
MFI 305299
TIN 2775209720