Public Offer Agreement
Under this Agreement, one party Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement – Buyer, on the other hand, hereinafter jointly, the Parties, have concluded this Public Offer Agreement (hereinafter – the Agreement) addressed to an unlimited circle of persons, which is the official public offer of the Seller to conclude with the Buyers a purchase contract of Goods, the photos of which are placed in the relevant section of the Website: www.sergeyzhernov.com.
Vendors who intend to sell the Products through the Website www.sergeyzhernov.com and the Purchaser upon purchase of the Products, the images of which are posted on the respective pages of the Website www.sergeyzhernov.com, agree to the terms of this Agreement.
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the website of www.sergeyzhernov.com in the corresponding section of the button “ORDER” means that the Buyer, regardless of status (natural person, legal entity, natural person – entrepreneur), according to the current international and Ukrainian legislation, has taken to fulfillment the terms of the Public Offer Agreement, which are set out below.
1.2. The contract of public offering is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (natural person, legal entity, natural person – entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure for ordering, payment and delivery of the goods by the Seller, responsibility for unfair order and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force on the moment of clicking on the button “ORDER”, which the Buyer agrees to make the purchase of the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and fully settles them.
1.4. To regulate the contractual relations under the Treaty, the Parties elect and, if necessary, apply the Ukrainian legislation. If an international treaty, the consent of which is provided by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, then the rules of the international treaty apply.
2. TERMS AND DEFINITIONS
“Public Offer Agreement” means a public contract, a sample of which is posted on the Website www.sergeyzhernov.com and is binding on all Sellers, containing a Seller’s offer to purchase the Product displayed on the Website www. sergeyzhernov.com, targeted at an undefined number of people, including Buyers.
‘Acceptance’ is the acceptance by the Buyer of the Seller’s offer to purchase the Product, the image of which is posted on the Website www.sergeyzhernov.com, by adding it to a virtual cart and sending the Order.
“Goods” are the subject of trade (product, model, accessory, accessories and related items, any other items of trade), for the purchase of which the Seller’s offer is placed on the Website www.sergeyzhernov.com.
“Buyer” – any capable natural, legal person, natural person-entrepreneur, according to the current Ukrainian legislation, who have visited the Website www.sergeyzhernov.com and intend to purchase this or that Product.
“Seller” – any capable individual, legal entity, entrepreneurial individual, in accordance with applicable international and Ukrainian laws, who own or distribute the Product and through the Website www.sergeyzhernov.com intend to sell it.
“Order” – the Buyer’s order for the purchase of Goods addressed to the Seller, duly executed and placed on the Website www.sergeyzhernov.com.
“Legislation” means the rules established by Ukrainian or international law to regulate contractual legal relations under the Treaty.
“Substantial defect in the Goods” – a defect that makes it impossible or inadmissible to use the Product for its intended purpose, arose from the fault of the manufacturer (Seller), after its elimination again manifests for reasons other than the consumer.
3. SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the terms and procedure set out in this Agreement on the basis of an Order issued by the Buyer on the relevant page of the Website www.sergeyzhernov.com, and the Buyer undertakes to purchase the Goods on the terms and procedures set out in this Agreement. Commodity and pay for it.
3.2. The Seller warrants that the Goods are not pledged, are not subject to dispute, are not under arrest, nor are they entitled to any third party rights.
3.3. The Seller and the Buyer confirm that the current Contract is not a fictitious or fraudulent agreement or an agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits for conducting economic activities that regulate the sphere of legal relations that arise and operate in the process of performance of this Agreement, and also guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with with the requirements of the current legislation of Ukraine, and undertakes to be liable in case of violation of the rights of the Buyer in the course of implementation of this Agreement and sale of the Goods.
4. SELLER’S RIGHTS AND OBLIGATIONS
4.1. The seller is obliged to:
• comply with the terms of this Agreement;
• fulfill the Buyer’s order in case of payment from the Buyer;
• to deliver the Goods to the Buyer in accordance with the chosen model on the corresponding page of the Website www.sergeyzhernov.com, executed by the Order and the terms of this Agreement;
• check the qualitative and quantitative characteristics of the Goods during their packaging in the warehouse;
• to inform the buyer of the possible additional commission for payment of European orders by Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by means of information in this contract.
4.2. The seller has the right to:
• unilaterally suspend the provision of services under this Agreement in case the Buyer breaches the terms of this Agreement.
• Individual registered as private entrepreneur Zhernov Serhii Volodymyrovych, registration number of the taxpayer’s accounting card 3307409631, place of residence: 04107, Kyiv, vul. Baghovutovskaya, house 40, apt. 10.
5. THE RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged to:
• pay and receive orders on time under the terms of this Agreement;
• read the Product Information posted on the Website www.sergeyzhernov.com
• upon receipt of the Goods from the person who delivered the Goods, ensure the integrity and completeness of the Goods by examining the contents of the packaging. In the event of damage or incomplete completion of the Goods, they should be recorded in an act, which must be signed with the Buyer by the person who made the delivery to the Buyer.
5.2. The buyer has the right to:
• place an order on the relevant page of the Website www.sergeyzhernov.com;
• require the Seller to comply with the terms of this Agreement;
• to inform about the possible additional commission for payment of European orders by Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.
ORDER OF ORDERING OF ORDER
6.1. The Buyer independently processes the Order on the respective page of the Website www.sergeyzhernov.com by adding the Goods to the virtual basket by clicking the button “Add to Cart!” www.sergeyzhernov.com.
6.2. The term of order formation up to 10 working days from the moment of its ordering. If the order is shipped on a day off or on a holiday, the term of formation starts from the first after the day off.
7. CONTRACT PRICE AND PAYMENT
7.1. The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Website www.sergeyzhernov.com. The Contract price is determined by adding the prices of all selected Goods placed in the virtual cart 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 an Order may vary depending on the price, quantity or item number.
7.3. The buyer can pay for the Order in the following ways:
1) by bank transfer of money to the Seller’s current account specified in the account, incl. through online banking.
2) Credit card of the following type:
• Visa Electron
• Mastercard Electronic
3) Pay Pal.
Note. Upon payment by the Buyer, a payment card may charge an additional fee to the issuer of this card, in particular, when paying by the Buyer, a payment card may charge an additional fee for payment by the Buyer of European orders by the issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking on the website of www.sergeyzhernov.com in the corresponding section of the button “ORDER” means that the Seller has informed the Buyer about the possibility of charging an additional fee for payment by the Buyer of European orders, by the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
8. DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery or receives them personally. The procedure for payment and receipt is indicated on the corresponding page of the Website www.sergeyzhernov.com.
8.2. When delivering the Goods to other cities of Ukraine or in the territory of another country performed by other Delivery Services (hereinafter the Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of Carriage of Goods by these Carrier Companies.
8.3. The fact of receipt of the Goods and the absence of claims for the quality of the Goods delivered by the Carrier Companies shall be confirmed by the Buyer by his own list in the goods waybill, the declaration of the Carrier Company, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, in full according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address specified by the Buyer in the application or refusal of the Buyer to receive the Goods for unreasonable reasons, upon delivery by the courier of the Carrier Company, the Goods shall be returned to the shipping center of shipment. Payment for the services of the Carrier Company shall be deducted from the amount transferred by the Buyer for the Goods. The balance shall be returned to the Buyer on the basis of his e-mail: firstname.lastname@example.org indicating the current account to which the funds are to be returned.
The Buyer can find out all the issues arising during the payment and receipt of the Goods by the contact information in the Contacts section.
9. CONDITIONS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine “On Consumer Protection”, the Buyer has the right to exchange the good quality Goods within fourteen days, not counting the day of purchase, unless a longer term is declared by the Seller. The buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return shall be made in accordance with the section of the Return Site, subject to the terms and conditions of the carrier or courier operating in the territory of Ukraine or in another country at the place of receipt of the Goods.
9.3. In the case of at least one of the above defects, the Buyer is obliged to fix it in a written act of any form. The deed must be signed by the Buyer and the person who made the delivery of the Goods or Seller. Where possible, the defects should be fixed by means of photo or video. Within 1 (one) day the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the Goods) of the defects identified and to agree on the replacement of the Goods, while filling in the return form for returning the Goods at www.sergeyzhernov.com.
9.4. The Parties have agreed that in case of non-compliance with the required requirements of the said procedure, the Buyer shall receive the Goods in proper condition – without any mechanical damages and in full completeness.
9.5. The art objects and other works of art that are part of the ART section of the site are non-refundable.
10. RESPONSIBILITIES OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties are responsible for the non-compliance or improper fulfillment of the terms of this Treaty in the manner stipulated by this Treaty and the applicable international and Ukrainian legislation.
10.2. In the event of disputes related to the implementation of the Parties to this Agreement, except for disputes regarding the recovery of debt from the Buyer, the Parties undertake to resolve them by negotiation in accordance with the claim procedure. The term of consideration of the claim is 7 (seven) calendar days from the date of its receipt. Disputes regarding the recovery of arrears from the Buyer do not require compliance with the claim procedure.
10.3. All disputes, disagreements or claims arising out of or in connection with this Treaty, including those relating to its implementation, breach, termination or invalidity, shall be settled in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJOR
11.1. The Parties shall not be liable for any failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances, really beyond the control of such Party, which came after the conclusion of this Agreement, which are unforeseen and inevitable.
Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, frostbites, wars (both declared and unannounced), riots, loss of goods, carrier delays caused by accidents or inclement weather, unsafe weather conditions, at sea, embargo, catastrophes, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances have directly affected the implementation of this Treaty.
11.2. A Party which has found it impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing of the occurrence of the above circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of force majeure . Such confirmation will be a certificate, certificate or other relevant document issued by the 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 will be extended for any period during which implementation has been postponed due to the above circumstances.
11.4. If due to the force majeure circumstances of non-performance of the obligations under this Agreement lasts more than three months, each of the Parties shall have the right to terminate this Agreement unilaterally by giving written notice to the other party. Notwithstanding the occurrence of force majeure, prior to termination of this Agreement, due to force majeure circumstances, the Parties shall make final settlements.
Notwithstanding the occurrence of force majeure, prior to termination of this Agreement, due to force majeure circumstances, the Parties shall make final settlements.
12. OTHER TERMS OF THE CONTRACT
12.1. The information provided by the Buyer is confidential. The Buyer information is used solely for the purpose of fulfilling his Order (sending a message to the Seller about ordering the Goods, sending promotional messages, etc.).
12.2. By accepting the Agreement or registering on the Website www.sergeyzhernov.com (filling in the registration form) the Buyer voluntarily agrees to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for the processing of orders for the purchase of goods, the receipt of order information, the sending by telecommunication means (e-mail, mobile communication) of promotional and special offers, information about promotions, raffles or any other nd information on the activities of the Website www.sergeyzhernov.com.
For the purposes stipulated by this clause, the Buyer shall have the right to send letters, messages and materials to the buyer’s postal address, e-mail, as well as to send SMS messages, to make calls to the telephone number specified in the questionnaire.
12.3. The buyer gives the right to process his personal data, including: to put personal data in databases (without additional notification about it), to carry out permanent storage of data, their accumulation, updating, change (as necessary). Seller undertakes to protect the data from unauthorized access of third parties, not to disseminate or pass on data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to perform direct data processing for the specified goals, as well as at the request of a competent public authority).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing an application for refusal to receive promotional materials, sending it to a postal or e-mail address.
12.5. The Seller is not responsible for the content and truthfulness of the information provided by the Buyer when placing the order. The buyer is responsible for the accuracy of the information specified when placing the order.