Public offer contract
General Provisions
1.1 This offer is an official offer of “handdollmade.com”, hereinafter referred to as the “Seller”, to conclude an Agreement for the sale of goods by remote method, i.e. through the online store, hereinafter referred to as the “Agreement”, and places the Public offer (proposal) on the official website of the Seller “https://handdollmade.com (hereinafter referred to as the “website”).
1.2 The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract for the purchase and sale of goods, is the fact of payment by the Buyer of the order on the terms and conditions of this Agreement, within the terms and at the prices specified on the Seller’s Internet site.
Concepts and definitions
2.1 In this offer, unless the context requires otherwise, the following terms have the following meanings:
* “goods” – models, accessories, components and accompanying items;
* “Internet store” – in accordance with the Law of Ukraine “on electronic commerce”, a means for presentation or realization of goods, work or services by means of electronic transaction.
* “Seller” – a company selling goods presented on the Internet site.
* “Buyer” – an individual who has entered into a Contract with the Seller on the terms and conditions set out below.
* “Order” – selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the Contract
3.1 The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms and conditions of this Agreement.
This Agreement regulates the purchase and sale of goods in the online store, including:
– Buyer’s voluntary selection of goods in the Online Store;
– independent order placement by the Buyer in the Online Store;
– payment by the Buyer for the order placed in the Online Store;
– processing and delivery of the order to the Buyer on the terms and conditions of this Agreement.
Order placement procedure
4.1 The Buyer has the right to place an order for any product presented on the Website of the Online Store and available.
4.2 Each item can be presented in the order in any quantity.
4.3 If the goods are out of stock, the Company Manager is obliged to inform the Buyer (by phone or e-mail).
4.4 In the absence of goods, the Buyer has the right to replace it with a product of a similar model, to refuse this product, to cancel the order.
Order payment procedure
Online payment
5.1 Payment is made at the moment of order placement.
5.2 In case of non receipt of funds online store reserves the right to cancel the order.
Order delivery conditions
6.1 Delivery of goods purchased in the online store is carried out to the warehouses of transportation companies, where the order is issued.
6.2 Together with the order the Buyer is provided with documents according to the legislation of Ukraine.
Rights and obligations of the parties:
7.1 The Seller has the right to:
– unilaterally suspend the provision of services under this agreement in case of violation of the terms of this agreement by the Buyer.
7.2 The Buyer is obliged to:
– Timely pay for and receive the order under the terms of this contract.
7.3 The Buyer has the right to:
– place an order in the online store;
– to execute an electronic contract;
– demand from the Seller to fulfill the terms of this Agreement.
Responsibility of the Parties
8.1 The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner provided by this Agreement and the current legislation of Ukraine.
8.2 The Seller is not responsible for:
– the appearance of the Goods changed by the manufacturer;
– for a slight discrepancy in the color scheme of the Goods, which may differ from the original goods solely due to the different color transmission of personal computer monitors of certain models;
– for the content and truthfulness of the information provided by the Buyer when placing an order;
– for delays and interruptions in the provision of Services (order processing and delivery of goods), which occur for reasons beyond its control;
– for unlawful illegal actions carried out by the Buyer using this Internet access;
– for the transfer by the Buyer of his network identifiers – IP, MAC-address, login and password to third parties;
8.3 The Buyer, using the access to the Internet provided to him, is independently liable for the damage caused by his actions (personally, even if under his login was another person) to persons or their property, legal entities, the state or moral principles of morality.
8.4 In case of force majeure circumstances, the parties are released from fulfillment of the conditions of this contract. For the purposes of this Agreement, force majeure circumstances shall mean events of extraordinary, unforeseeable nature, which exclude or objectively prevent the fulfillment of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5 The Parties shall use their best efforts to resolve any disagreements exclusively through negotiations.
Other terms and conditions
9.1 The online store reserves the right to unilaterally make changes to this agreement subject to prior publication on https://handdollmade.com.
9.2 The online store is created for the organization of the remote method of sale of goods via the Internet.
9.3 The Buyer is responsible for the accuracy of the information indicated when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for goods) the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of personal data, in the understanding of the Law of Ukraine “On Protection of Personal Data”.
9.4 The Buyer’s payment for the order placed in the online store means the Buyer’s full consent to the terms of the contract of sale (public offer)
9.5 The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”
9.6 The use of the Internet-shop resource for previewing the goods, as well as for placing an order for the Buyer is free of charge.
9.7 Information provided by the Buyer is confidential. The online store uses information about the Buyer only for the purposes of order processing, sending notifications to the Buyer, delivery of goods, making mutual settlements, etc. The online store uses the information about the Buyer.
The order of returning the goods of proper quality
10.1 The return of goods to the Internet-shop is made according to the current legislation of Ukraine.
10.2 The return of goods to the Internet-shop is made at the expense of the Buyer.
10.3 When the Buyer returns the goods of proper quality, the Internet-shop returns to him the amount of money paid for the goods on the fact of returning the goods minus the compensation of expenses of the Internet-shop related to the delivery of the goods to the Buyer.
Term of the contract
11.1 The electronic contract is considered to be concluded from the moment of receipt by the person who sent the offer to conclude such a contract, the answer about acceptance of this offer in the order determined by the sixth part of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2 Before the expiration date this Contract may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refunding the funds
11.3 The parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment of the terms of this Agreement by one of the parties and in cases stipulated by the current legislation of Ukraine.
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