Public Offer Agreement
to order, purchase, sale and delivery of Goods
general provisions
Individual entrepreneur Zhuravleva Tamara Andreevna, further on the text - "Seller" and user of the Internet site services, further on the text - "Customer", "Buyer", concludes the Contract for the sale of Goods remotely, that is via the Internetshop, further on the text - "Contract", and places the public offer (offer) on the official website of the Seller
"Dital.com.ua" (hereinafter - "Internet site").
The contract is public, that is, according to article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers.
According to Article 642 of the Civil Code of Ukraine full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the contract of purchase and sale of Goods on the conditions proposed below, the fact of registration and confirmation of the order.
The Buyer shall confirm the agreement and unconditional acceptance of the terms of this offer (offer).
By entering into the Contract (that is, by emphasizing the terms of this Offer by placing an Order), the Buyer confirms the following:
Buyer is fully and fully acquainted with the terms of this offer (offer)
It authorizes the collection, processing and transmission of personal data under the conditions set out below in the Notice for the Collection, Processing and Transmission of Personal Data, and permits the processing of personal data for the duration of the Agreement, and for an indefinite period after its expiry. In addition, by the conclusion of the Agreement, the Customer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", on the purposes of data collection, as well as the fact that his personal data are transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of making settlements, as well as for receiving accounts, acts and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional communication from the Customer, without changing the purpose of processing personal data. The scope of rights of the Customer as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data» he knows and understands.
Concepts and definitions
In this offer, unless the context otherwise requires, the following terms have the following meanings:
"Public Offer" (hereinafter referred to as "Offer") is a public offer by the Seller addressed to an unspecified circle of persons to conclude with the Seller a contract for the sale of Goods remotely (hereinafter referred to as "Contract") on the terms contained in this Offer, including all Annexes.
"Product" - drinks, jam, honey and coffee;
"Internet-shop" - in accordance with the Law of Ukraine "On Electronic Commerce", means for the presentation or sale of goods, work or services by means of electronic transaction.
"Seller" - natural person entrepreneur: Zhuravleva Tamara Andreevna, selling goods presented on the Internet site.
"Operator" - a representative of a natural person entrepreneur Zhuravleva Tamara Andreevna, who takes orders for the purchase of Goods by certain phone numbers.
"Buyer" is a natural person who has concluded the Contract with the Seller under the conditions described below.
"Order" - the decision of the Customer to order the goods and their delivery, issued in the online store and / or orders for purchase and delivery of the Goods, as well as payment.
Subject of the contract
The Seller undertakes to transfer the goods to the Buyer’s ownership, and the Buyer undertakes to pay and accept the goods under the terms of this Contract.
This Agreement regulates the purchase and sale of Goods in the Online Store, including:
The Buyer’s voluntary choice of Goods in the online store;
self-registration by the Buyer of the order in the online store;
payment by the Buyer of the order issued in the Internet-shop;
processing and delivery of the order to the Buyer in ownership under the terms of this Agreement.
Order procedure
The Buyer has the right to place an order for any available goods presented on the Website of the Online Store.
Order of the Goods is carried out by the Buyer through the Operator by phone:
(050) 8027123
(068) 4872033
or through the website dital.com.ua.
When registering on the website of the online store, the Buyer undertakes to provide the following registration information:
4.3.1. Name and surname of the Buyer or the person designated by him (recipient)
4.3.2. E-mail address
4.3.3. Contact phone;
4.3. The name, quantity, article, price of the Goods chosen by the Buyer are indicated in the Buyer’s basket on the website of the Internet-shop.
4.4. If the seller needs additional information, he has the right to invite her to the Buyer. In case of failure to provide incomplete information by the Buyer, the Seller is not responsible for the quality of rendering services to the Buyer.
4.5. When placing an Order through the Operator (para. 4.2. of this Offer), the Buyer undertakes to provide the information specified in para. 4.3. of this Offer.
4.6. Acceptance of the Terms of this Offer by the Buyer
by the Buyer entering the relevant data into the registration form on the website of the Online Shop or when placing an order through the Operator. After placing the Order through the Operator data about the Buyer are registered in the seller’s database.
4.7. The Buyer is responsible for the accuracy of the information provided at the time of placing the Order.
4.8. The contract of purchase and sale by remote means between the Seller and the Buyer is considered to be concluded from the moment of electronic order on the service of the Internet-shop site or the issuance by the Seller to the Buyer of a cash or commodity check or other document confirming payment for goods.
Price Goods and order payment procedure
5.1.Each item of the Product is listed on the website of the Online Store.
5.2. The seller has the right to change the price unilaterally for any item of the goods.
5.3. If the price of the ordered goods changes, the Seller undertakes to inform the Buyer about the change in the price of the goods.
5.4. The Buyer has the right to confirm or cancel the purchase order if the price is changed by the Seller after the Order is made.
5.5. The Seller shall not change the price of the goods paid by the buyer.
5.6. The Seller shall specify the cost and terms of delivery of the Goods on the website of the Internet-shop.
5.7. The obligations of the Buyer for payment of the Goods are considered fulfilled from the moment of receipt of funds to the Seller.
5.8. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the website of the Internet store in the section «Delivery and payment».
Terms of Delivery and Delivery to the Buyer
6.1. The methods, order and terms of delivery of goods are indicated on the site in the section «Delivery and payment». The Buyer agrees with the operator of the Internet-shop on the order and terms of delivery of the ordered goods.
6.2. Together with the order, the Buyer is provided with documents according to the legislation of Ukraine.
6.3. Delivery of goods is carried out in-house by employees of the Internet - shop in accordance with the terms of delivery, without the involvement of third parties (carrier).
6.4. When receiving the goods, the Customer must, in the presence of the courier representative, check the conformity of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness).
6.5. The Customer or the Representative of the Customer shall confirm by his signature in the receipt of goods and / or the order for delivery of goods that has no claims to the quantity of goods, their appearance and completeness of goods.
6.6. The ownership right and the risk of accidental loss or damage of the goods shall pass to the Customer or his representative from the moment of receipt of the goods by way of and signature by the Parties of the commodity receipt and / or order.
Rights and obligations of the parties:
7.1. The seller has the right:
- unilaterally terminate the provision of services under this contract in case the Buyer breaches the terms of this contract.
7.2. The buyer shall:
- timely pay 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 make an electronic contract;
- to require the seller to fulfil the terms of this Contract.
Responsibility of the parties
8.1. The Parties shall bear responsibility for failure to comply with or improper implementation of the terms of this Agreement in the manner stipulated by this Agreement and the legislation in force in Ukraine.
8.2. The Seller is not responsible for:
- for improper, untimely execution of Orders and its obligations in case of provision by the Buyer of incorrect or false information;
- due to a minor discrepancy in the color range of the Goods may differ from the original Goods only due to different color transfer of monitors of personal computers of individual models;
- for delays and interruptions in the provision of services (processing and delivery of the Goods) that occur for reasons beyond its control;
- for delays and interruptions in the provision of services (processing and delivery of the Goods) that occur for reasons beyond its control;
- for illegal illegal actions committed by the Buyer through this access to the Internet;
- for the Buyer to transfer its network identifiers - IP, MAC addresses, login and password to third parties;
8.3. The buyer, using the Internet access provided to him, is independently responsible for the damage caused by his actions (personally, even if his login was other person) to persons or their property, legal entities, the State or moral principles.
8.4. In the event of force majeure, the parties shall be exempt from the terms of this contract. Circumstances of force majeure for the purposes of this Treaty shall mean events of an extraordinary, unforeseen nature, precluding or objectively impeding the implementation of the Treaty whose occurrence the Parties could not have foreseen and prevented by reasonable means.
8.5. The parties shall make every effort to resolve any differences exclusively through negotiations.
Other conditions
9.1. The online store reserves the right to change this agreement unilaterally provided it is published on the site dital.com.ua
9.2. Internet-shop is created for organization of remote way of sale of Goods through the Internet.
9.3. customer
is responsible for the accuracy of the information provided at the checkout. At the same time, when making an acceptance (order and subsequent payment of the Goods) the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine "On the Protection of Personal Data".
9.4. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with article. 11 Law of Ukraine "On Electronic Commerce".
9.5. The use of the resource of the online store for the preview of the Goods, as well as for placing an order for the Buyer is free of charge.
9.6. The information provided by the Buyer is confidential. The online store uses information about the Buyer only for the purpose of order processing, sending messages to the Buyer, delivery of the Goods, execution of settlements, etc.
Order of return of the Goods of proper quality
10.1. Return of the Goods to the online store is carried out according to the current legislation of Ukraine.
10.2. Return of the Goods to the online store is carried out at the expense of the Buyer.
10.3. According to the current legislation of Ukraine, food products, fruits and vegetables of adequate quality are not subject to exchange (return) by the Customer.
Duration of the contract
11.1. An electronic contract is considered to have been concluded from the moment of receipt by the person proposing to conclude such a contract, the answer on acceptance of this proposal in the order determined by the sixth part of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Prior to the expiry of this Contract, the parties may be terminated by mutual agreement until the actual delivery of the Goods, by returning the funds
11.3. The Parties shall have the right to terminate this Agreement unilaterally, in the event of non-compliance by one of the Parties with the terms of this Agreement and in the cases provided for by the current legislation of Ukraine.