PUBLIC AGREEMENT
(PUBLIC OFFER AGREEMENT)
The text below is an agreement between the website sexybreak.com (hereinafter referred to as the Seller) represented by the individual entrepreneur Donska Kateryna Dmytrivna
Ukraine, 01001, Kyiv, Solomyanska Street, 20, office 424, which is registered in accordance with Ukrainian law and which is the owner or distributor of the Goods through the Site, and an individual who has visited at least one page of the site or used at least one of the services provided within the site, including without prior registration and authorization on the site (hereinafter referred to as the Buyer).
1. General provisions
1.1. This Agreement is a public contract - an offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the purchase and sale remotely, i.e. through an online store.
1.2. In accordance with Article 642 of the Civil Code of Ukraine, the full and undisputed acceptance of the terms of a public contract, i.e. a public offer of an online store is the fact of placing an order by clicking on the “Place an order” link in the cart and paying for the order in the amount of 100% under the terms of this agreement.
1.3. The public offer is also accepted when the Buyer registers on the online store website.
1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely familiar with and agrees with its terms, and also, if the Buyer is an individual, gives permission to process his personal data for the purpose of fulfilling the terms of this Agreement, making mutual settlements, as well as for receiving invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection. 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.
1. DEFINITION OF TERMS
1.1. Public offer (hereinafter referred to as the "Offer") is a public offer of the Seller, addressed to an unspecified circle of persons, to conclude with the Seller a contract for the purchase and sale of goods by distance means (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer, including all Supplements.
1.2. An order is a decision of the Customer to purchase goods and their delivery, which is made through the online store and/or an order for the purchase and delivery of goods.
2. GENERAL PROVISIONS
2.1. The information provided below is an official offer (offer) of the online store sexybreak.com to any individual (hereinafter referred to as the Buyer) for the conclusion of a contract for the purchase and sale of goods. This contract is public, that is, the terms of this offer are the same for all buyers.
2.2. According to Article 642 of the Civil Code of Ukraine, acceptance of the terms of this offer (offer), which confirms the conclusion of the Contract for the purchase and sale of goods on the terms set out below, is the fact of placing and confirming the order.
2.4. By placing an Order, the Buyer confirms agreement and unconditional acceptance of the terms of this offer (offer).
2.5. By concluding the Agreement (i.e. accepting the terms of this Offer (Offer) by placing an Order), the Buyer confirms the following:
2.5.1. The Buyer is fully familiar with and agrees with the terms of this offer (offer).
2.5.2. He gives permission for the collection, processing and transfer of personal data throughout the term of the Agreement, as well as after its termination. The Buyer is also informed of his rights under the Law of Ukraine "On Personal Data Protection", as well as the purposes of data collection and transfer to the Seller to fulfill the terms of the Agreement.
3. PRICE OF THE GOODS
3.1. The price for each item of the product is indicated on the website of the Online Store.
3.2. The Seller has the right to unilaterally change the price for any item of the product.
3.3. In the event of a change in the price of the ordered product, the Seller is obliged to inform the Buyer.
3.4. The Buyer has the right to confirm or cancel the order to purchase the product if the price is changed by the Seller after placing the order.
3.5. Changing the cost of the product that was paid by the Buyer is not allowed.
3.6. The Seller indicates the cost of delivery of the product on the website of the Online Store or notifies the Buyer when the operator places the order.
3.7. The Buyer's obligations to pay for the product are considered fulfilled from the moment the funds are received on the Seller's account.
3.8. Settlements between the Seller and the Buyer for the product are made by the methods specified on the website of the Online Store in the "Payment and Delivery" section.
4. Order placement:
4.1. The Buyer can place an order through the Operator by calling the numbers specified in the "Contacts" section, or through the service of the online store website sexybreak.com.
4.2. When placing an order on the online store website, the Buyer must provide mandatory information for order fulfillment, such as: last name and first name, delivery address, email address (optional), phone.
4.3. The Buyer's basket on the online store website indicates the name, quantity, article number and price of the selected Goods.
4.4. If any of the parties to the contract requires additional information, they have the right to request it from the other party.
4.5. When placing an order through the Seller's operator, the Buyer undertakes to provide the information specified in clause 4.2.
4.6. Approval of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the online store website or when placing an Order through the operator.
4.7. The Buyer is responsible for the accuracy of the information provided.
4.8. A remote sales contract is considered concluded from the moment of electronic order registration on the website or issuance of a cash or merchandise receipt or other document confirming payment for the Goods.
5. Delivery and transfer of goods to the buyer:
5.1. The methods, procedure and terms of delivery of goods are defined on the website in the "Delivery and Payment" section. The buyer agrees the procedure and terms of delivery of goods with the online store operator when making a purchase.
5.2. Delivery of goods is carried out by the online store employees themselves in accordance with the delivery terms or with the help of third parties (carrier).
5.3. Upon receipt of the goods, the buyer must check its quality and quantity in the presence of a representative of the delivery service (carrier), taking into account the name, quantity, completeness and expiration date.
5.4. The buyer or his representative confirms his agreement with the condition of the goods by signing the goods receipt, order or transport invoice, indicating the absence of claims to the quantity, appearance and completeness of the goods.
6. Return of goods:
6.1. The buyer has the right to cancel the order at any time before the goods are shipped, and after shipment - in accordance with the Law of Ukraine "On Protection of Consumer Rights". According to Amendment No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172, bed linen is not subject to exchange and return.
6.2. The Buyer cannot cancel an order for goods of proper quality with individually defined characteristics that can be used only by him, including goods with non-standard sizes and other characteristics that differ from the information on the site.
6.3. The return of the goods is carried out at the address specified on the site in the "Delivery and Payment" section.
6.4. The cost of returning goods of proper quality to the Seller's address is paid by the Buyer, and the Seller does not reimburse these costs.
6.5. The return of the cost of goods of proper quality is carried out within 30 calendar days from the moment of receipt of the goods by the Seller, if all requirements stipulated by the Agreement and the current legislation of Ukraine are met.
7. RESPONSIBILITY OF THE PARTIES:
7.1. The Seller is not liable for any damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased on the sexybreak.com website.
7.2. The Seller is not liable for incorrect or untimely execution of Orders if the Buyer has provided false or erroneous information.
7.3. The Seller and the Buyer are obliged to fulfill their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations in the event of force majeure circumstances, such as war, earthquake, flood, fire and other natural disasters that arose regardless of their will after the conclusion of this Agreement. In the event of impossibility of fulfilling obligations, the Party shall immediately notify the other Party.
