Public Offer Agreement - Milla Nova

Public Offer Agreement

This contract is a proposal from the FOP Dudyak Romaniyevna about the conclusion of the contract of retail sale by remote distance from 2020 year.

The contract of public offering is public and, under Articles 633, 641, 644 of the Civil Code of Ukraine, its terms are the same for all legal entities or individuals.
This contract is addressed to an indeterminate number of people.
By placing an order for any product or service on the site, you are agreeing to the terms of this public offer.
This Public Offer is valid from the moment it is posted on the site until the new version of the offer is accepted.

1. Terms and definitions
In this offer, unless the context requires otherwise, the following terms have the following meanings and are an integral part thereof:
Seller – FOP Dudyak Romania Romanivna.
User – any natural or legal person who visits the site , who accepts all the terms of this offer and places an order for the Goods.
Buyer – any natural or legal person, a visitor to the site, who places an order on the site for the purpose of purchasing the Product and thereby confirms its agreement with all the terms of this offer.
Online Store – Within the framework of this Agreement, the terms Online Store and Store, as well as the Internet address
and all derivatives of are equivalent and are treated authentically, in the context of the offer.
Goods – object of agreement of the parties; clothing, accessories and other items presented in the online store.

2. General provisions
2.1 The Seller sells the Goods through the Online Store.
2.2 By ordering the Goods in the Online Store, the User agrees to the terms of sale of the Goods placed on the Website. In case of disagreement with the terms of sale, the User must immediately cease using the service and leave the site _.
2.3 The current conditions of sale of the Goods and the information posted on the Website is a public offer according to Art. 633 of the Civil Code of Ukraine.
2.4 The Terms and Conditions are subject to change by the Seller without notice to the Users and Buyers unilaterally. The new revision of the terms of this agreement shall enter into force upon its publication on the site, unless otherwise provided by the contract itself or by applicable law.
2.5 The Agreement shall enter into force upon confirmation by the Seller in any form that the Buyer accepts the Order when the Buyer places an order on the Site, as well as upon receipt of the Order by the Buyer by telephone specified on the Site.
2.6 By communicating to the Seller his telephone number and e-mail, the Buyer agrees, and in no way denies, the use of these means of communication by the Seller, as well as third parties involved in the fulfillment of obligations to the Buyer. The data may be used to disseminate information about the delivery of a delivery order and other information directly related to the fulfillment of obligations to the Buyer under this Public Offering. Buyer contact information can be used to distribute promotions, promotional news, discounts, and other Seller actions. By executing the Order, the User / Buyer agrees that the Seller may outsource the Contract to a third party, while remaining responsible for its execution.

3. The subject of the contract
3.1 The subject of this Agreement is the opportunity given to the User to buy for the personal needs, not related to the business activity, the Goods presented in the catalog of online store.

4. The goods and the order of purchase
4.1 The Seller shall ensure the availability of the Goods presented in the Online Store. Photos of the Product are illustrations to it, and the actual appearance of the Product may be different from them. The accompanying product descriptions and specifications are not exhaustive and may contain typographical errors. To clarify information about this Product, the Buyer may contact customer support at any time.
4.2 In the absence of the Goods ordered by the Buyer, the Seller has the right to exclude the Goods from the Order or to cancel the Order by notifying the Buyer by e-mail or by phone.
4.3 The Buyer is solely responsible for providing inaccurate data that made it impossible for the Seller to fulfill its obligations to the Buyer.
4.4 In the case of full or partial absence of a pre-paid order, the Buyer is offered a replacement. In the absence of the Goods, the cost of the canceled Goods shall be refunded by the Seller to the Buyer in the manner agreed between the Seller and the Buyer separately or by the payment made by the Buyer for the Goods.
4.5 The maximum period for processing and collecting an order is 5 days. After placing an Order on the Site, the Buyer is provided with indicative delivery date information by sending an email to the address specified by the Buyer at the time of ordering or by telephone.

5. Delivery of the Order
5.1 The methods and cost of delivery of the Goods, depending on the payment method, are indicated in the relevant section of the Online Store.
5.2 Delivery of orders is carried out on the territory of Ukraine. The cost of delivery of each Order is calculated independently by the carrier “New Mail”, based on the weight of the Goods, region and method of delivery. The buyer can independently calculate the delivery on the official site “New mail”
5.3 Shipment of orders shall be made within a period not exceeding 3 (three) days from the date of order confirmation in the presence of goods in stock. On delivery, the Order is delivered to the Buyer or a third party specified in the Order as the Buyer or the Recipient.
If the Buyer cannot receive the Order, the Order may be delivered to the person who can provide the exact Order information. At delivery of the Order, the carrier “Nova Poshta” has the right to require the presentation of a document certifying the identity of the recipient.
5.4 The parcel is delivered to the warehouse specified by the Buyer of the carrier New Mail. Passport and declaration number are required to receive the parcel. The declaration number shall be communicated to the Buyer in any of the following ways: by telephone; using the viber mobile app; is sent to the Buyer’s email address; via a sms message sent after ordering.
The addresses and telephones of the branches of the carrier New Mail are listed on the official website of New Mail The free storage of cargo in the warehouse “New mail” is 5 days. For each day of storage of goods in the warehouse “New Mail” over a specified period of time is imposed a penalty.
5.5 The liability for accidental damage or destruction of the Goods shall be transferred to the Buyer from the moment of ordering.

6. Price and payment for the goods
6.1. The price of the Goods is indicated in national currency and includes all taxes provided by the Ukrainian legislation.
6.2. The price of the Product is stated on the Site. In case of incorrect indication of the price of the Goods ordered, the Seller informs the Buyer about the confirmation of the Adjusted Price Order or cancellation of the Order.
6.3. The price of the Product on the Site can be changed unilaterally by the Seller. The price for the Goods ordered by the Buyer is not subject to change.
6.4. Payment for the Goods is made by the Buyer according to the terms and tariffs stated on the website of the online store.
6.5. The Seller has the right to provide discounts on the Goods and to establish a bonus program. The types of discounts, bonuses, procedure and terms of their accrual indicated on the Site may be changed unilaterally by the Seller.
6.6. The cost of the service of the carrier “New Mail” “Receiving a return payment on a bank card” in case of payment of the Goods by post-payment The buyer pays extra, according to the tariffs of the Carrier.

7. Exchange and Return of Goods
7.1 Return of Goods is subject to the terms of return specified on the Website on the Online Store.
7.2 The Buyer has the right to refuse the Goods received and to terminate the Purchase and Sale Agreement in accordance with the Law of Ukraine “On Consumer Protection” within 14 calendar days. Return or exchange the goods within the period set by the Law of Ukraine “On Consumer Protection” by sending the goods to: _______, having previously informed the Seller. Goods are shipped at Buyer’s expense.
7.3 Return of Good Product:
7.3.1 Return of good quality goods is possible within 14 calendar days from the moment of receipt of the goods under the conditions that the Goods were not in use, as well as the following: goods. It is not allowed to put inscriptions, addresses and more on the packaging.
7.3.2 In case the Buyer refuses the Goods according to clause 7.3.1. Contract Seller returns the value of the Goods to him within 7 (seven) days from the date of receipt of the Goods. The value of the Goods shall be refunded exclusively to the person indicated in the Order for Goods form. Returns shall be made in agreement between the parties. Only the cost of the goods is returned to the buyer. The cost of forwarding the return is paid by the Buyer.
7.4 Return of Product of Poor Quality:
7.4.1 A product of poor quality is a product which cannot fulfill its functional qualities. The difference between the elements of design, color or design from those stated in the description on the Site is not a sign of poor quality of the Product and / or inability to use it for its intended purpose.
7.4.2 Upon receipt of the Order, the claim for external defects of the Goods, its quantity, completeness and appearance is not accepted.
7.4.3 If the Goods have been delivered to the Buyer of improper quality, the Buyer shall have the right, in accordance with the Law of Ukraine “On Consumer Rights Protection”, to demand a refund of the money paid.
7.4.4 If the reason for the return was an error of the Online Store Seller, the full cost of the order shall be returned to the Buyer. Also, the seller of the online store pays return of the goods. The mistake of an employee of the Seller / Online Store implies: sending another model; sending another size; color mismatch of the model of the photo (for example: instead of black, the dress turned red). This does not take into account the discrepancy between the shade of the same color (bright red – coral), due to the fact that on different monitors the same image may look different.
7.4.5 The Seller is not responsible for the defects of the Goods that arose after the transfer to the Buyer due to the Buyer’s violation of the rules of use or storage of the Goods, the actions of third parties or circumstances of force majeure.

8. Privacy and protection of information
8.1 The personal data of the User / Buyer shall be processed in accordance with the Law of Ukraine “On Protection of Personal Data”.
8.2 Personal data are collected solely for the purpose of complying with accounting, tax and advertising relationships. The term of storage and processing of personal data is a term in accordance with the legislation of Ukraine.
8.3 By submitting personal data during registration on the Site, the User agrees to their processing by the Seller, including for the purpose of promoting the Seller of goods and services.
8.4. The Seller has the right to send information, including promotional messages, to the User’s / Buyer’s email and mobile phone with his / her 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.
8.5 The Seller may use cookies. Cookies do not contain sensitive information and are not transmitted to third parties.
8.6 The Seller is not responsible for the information provided by the User / Buyer on the Website in a publicly accessible form.
8.7 The Seller shall have the right to record telephone conversations with the Buyer. In doing so, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations and / or transfer to third parties who are not directly related to the execution of Orders, in accordance with the Law of Ukraine “On Information”.

9. Duration of the public offer
9.1. A valid public offering shall take effect from the moment of acceptance by the User / Buyer and shall be valid until the acceptance of the public offer acceptance.
9.2 By ordering the Goods in the Online Store, the User agrees to the terms of this public offer.

10. Special conditions
10.1 The Seller has the right to delegate his rights and obligations to the Buyer to third parties.
10.2 The Online Store and related services may be temporarily / partially or completely unavailable due to preventive work or other technical reasons. The Seller’s Technical Service has the right to periodically carry out the necessary preventive or other work with or without notice to the Purchaser.
10.3 The provisions of the legislation of Ukraine shall apply to the relationship between User / Buyer and Seller.
10.4 In case of questions and claims from the User / Buyer, he / she shall contact the Seller with the contacts posted on the Site. All arising disputes of the parties are obliged to try to resolve through negotiations. If the parties do not agree, the dispute will be submitted to the judicial authority in accordance with the current legislation of Ukraine.

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