Public offer agreement
The text of the Public Offer Agreement set out below is addressed to individuals and legal entities and is an official public offer (in accordance with Article 641 of the Civil Code of Ukraine) of the individual entrepreneur Yulia Viktorovna Maksymenko (FOP Maksymenko Yu.V), EDRPOU Code 3418616104 - hereinafter referred to as the "Seller", on the terms and conditions specified in this Agreement.
Definition of terms:
Site - a website located on the Internet at the following address: shkuropatskyi.company.
The seller is an individual entrepreneur Maksymenko Yulia Viktorivna (FOP Maksymenko Yu.V.).
Public offer - a public offer of the Seller, addressed to an unspecified circle of persons, concerning the conclusion of a Public Offer Agreement (hereinafter referred to as the Agreement) on the terms and conditions specified by the Seller.
Acceptance - the User/Buyer's full and unconditional consent to the Seller to conclude the Agreement on the terms set forth in this Agreement.
Product/item — cosmetics and household goods, images (photos) and/or descriptions of which are posted on the Site.
Order - a request from the User to purchase the Goods selected by him, duly executed and placed via the Site and/or by e-mail.
User/Buyer — a person who reads the information posted on the Site and/or orders, receives, and/or reserves Goods using the Site's technical tools.
Recipient - The Buyer or the person who, on behalf of the Buyer, actually receives the Goods delivered by the Carrier.
Providing personal data (registration) - filling out the appropriate form on the Site by the User indicating the data necessary for identifying the User/Buyer and/or placing an Order, including by e-mail.
Account — a page of the Site containing the history of the User/Buyer's orders placed through the Site and personal information provided by the User/Buyer. The amount of information required for personal identification and processing of Orders is determined by the Seller.
The term "settlement document" is used in accordance with Article 2 of the Law of Ukraine "On the Use of Registrars of Settlement Transactions in the Sphere of Trade, Public Catering and Services" dated 06.07.1995 No. 265/95-VR.
- General provisions
1.1. The information posted on the Site contains the terms of the offer to purchase the Goods and constitutes a Public Offer of the Seller addressed to an unspecified group of persons - Users of the Site.
1.2. Acceptance is the provision of personal data by filling out the appropriate form posted on the website, which is the expressed intention of the User/Buyer to purchase the Goods selected on the Website. Acceptance is also considered to be the placement of an order by sending an email to shkuropatskyi.company@gmail.com.
1.3. By accepting, the User/Buyer confirms his/her absolute agreement with all the provisions and rules of this Public Offer without any exceptions or limitations, and confirms that he/she is familiar with its terms and conditions before making the Acceptance. If the User is under 18 years of age, he/she must inform his/her parents or guardians about the terms and conditions of this Offer and the Privacy Policy before providing his/her personal data for using this Site and/or making purchases or placing an Order via the Site or by e-mail.
1.4. The Seller has the right to unilaterally make changes to the Agreement by publishing the changes on the Site. The changes shall enter into force from the moment of publication, unless another date of entry into force of the changes is additionally specified when they are published. The User/Buyer agrees and acknowledges that making changes to the Agreement automatically entails making these changes to the Agreement concluded and in force between the User/Buyer and the Seller.
- Information about the Product, the price of the Product
2.1. Information about the Product is provided by posting an image (including a photograph) of the product/products and text information about the name, available/present volumes, product characteristics, unit price of the product, etc.
2.2. The cost of the goods presented on the Site is indicated excluding VAT. The Seller is not a VAT payer.
2.3. The information posted on the website shkuropatskyi.company is for informational purposes only. The User/Buyer agrees that the weight/volume of the product may differ slightly from the weight and volume indicated on the website.
- Order processing procedure
3.1. The User/Buyer can independently place an Order for any product that is available for Order on the Site.
3.2. Within 1 (one) business day of receiving the Order, the Seller's representative sends the Buyer an email confirming receipt of the Order.
3.3. The Seller's representative may additionally contact the User/Buyer by telephone or other means of communication specified when forming the Order if:
– the provided delivery information needs clarification;
– the ordered product is missing.
Based on the results of the Order clarification, the Seller's representative may confirm/cancel the Order.
3.4. If the ordered product is not available, the User/Buyer has the right to replace the Product with a similar one or cancel the Order.
3.5. The order may be canceled until the order is confirmed or clarified by the Seller's representative by sending an email to shkuropatskyi.company@gmail.com.
Please note that minors must obtain the consent of their parents or other legal representatives before ordering the Goods. In the absence of such consent, the minor must stop using the Site.
- Payment procedure
4.1. The price of the Goods is indicated in hryvnias.
4.2. Payment for goods is made exclusively in hryvnia. In the case of payment by bank cards of foreign banks, the Seller is not responsible for the procedure for conversion. The conditions of conversion, exchange rate and commission withdrawal are established by the issuing bank.
4.3. The order can be paid for by:
– cash payment (in case of self-collection of goods or upon delivery of goods);
– cashless payment via payment to a current account*
* The seller is not responsible for the procedure for collecting and processing personal data by the bank payment system.
- Delivery of goods
5.1. Delivery of goods ordered on the Site is carried out by delivery services exclusively within the territory of Ukraine in accordance with the conditions specified on the site on the "Payment and Delivery" page. Delivery is carried out at the expense of the Buyer.
5.2. Together with the Order, the Buyer is provided with the documents required by current legislation.
5.3. Upon receipt of the Goods, the Buyer is obliged to check the Order for the quantity, completeness and quality of the Goods.
5.4. The fact of acceptance of the Goods by the Buyer is the signing of the shipping bill.
5.5. Orders are delivered by delivery services, the list of which is indicated on the "Payment and Delivery" page. By accepting this Public Offer, the Buyer fully and unconditionally agrees to the Rules of Transportation of the Carriers. The User/Buyer must independently familiarize himself with the terms of such Rules on the websites of the relevant Carriers.
5.6. The risk of accidental loss and/or accidental damage to the Goods passes to the Buyer from the moment the Order is handed over to him and the Buyer signs the documents confirming the delivery of the Order.
5.7. If desired, the Buyer can receive the goods by self-pickup at the address: Korostyshiv, Zhytomyr region, 6 Poleva Street.*
* Working hours:
Monday - Friday from 09:00 to 18:00.
- Rights and obligations of the Seller
6.1. The Seller has the right:
6.1.1. Unilaterally suspend the sale of Goods (including not accepting Orders and requests for delivery of Goods) in the event of a violation by the User/Buyer of the terms of the Public Offer;
6.1.2. At its own discretion, unilaterally change the price of the Goods. In any case, the price of the Goods, which was confirmed by the Seller when placing the Order, remains unchanged;
6.1.3. Post information on the Site about advertising and information events and/or marketing activities that are being or will be carried out by the Seller and/or third party partners of the Seller.
6.1.4. In accordance with the terms of this Public Offer and the Privacy Policy, send emails to the email addresses of Users/Buyers with information regarding the Seller's commercial offers (including information about special offers, promotions and other marketing activities).
6.1.5. Organize the delivery of Orders by involving third parties in the provision of delivery services.
6.2. The Seller undertakes to:
6.2.1. Execute properly executed and confirmed Orders from the moment of confirmation of the Order;
6.2.2. Ensure the transfer/shipment of the Goods to the Carrier Company in accordance with the executed Order;
6.2.3. Check the quantitative and qualitative characteristics of the Goods during preparation for handing over the Goods to the delivery service;
6.2.4. Comply with the terms of the Privacy Policy;
6.2.5. Provide the User/Buyer with the opportunity to opt out of receiving advertising materials and/or other commercial offers from the Seller, which are sent by the latter to the email address specified during registration on the site.
- Rights and obligations of the User/Buyer
7.1. The User/Buyer has the right:
7.1.1. Select Products and place Orders using the Site;
7.1.2. Send requests/requests to the Seller's email;
7.1.3. Require the Seller to fulfill the conditions and obligations provided for in this Public Offer;
7.1.4. Refuse to receive advertising materials and other commercial offers sent by the Seller to the email address provided by the User/Buyer.
7.2. The User/Buyer undertakes:
7.2.1. Before Accepting this Public Offer, familiarize yourself with all its terms and conditions;
7.2.2. Read the information about the Product - its description and characteristics posted on the Site, before placing an Order;
7.2.3. Provide correct and complete data necessary for processing and delivering the Order. The User/Buyer is responsible for providing false/inaccurate information that makes it impossible for the Seller to properly fulfill the Order.
7.2.4. Pay for and receive the Order in accordance with the terms of the Public Offer;
7.2.5. Upon receipt of the Order, check the integrity and completeness of the Goods. If damage or incompleteness of the Goods is detected, record such differences in the Act, which must be signed by the Buyer/Recipient and the person who delivered the Order.
7.2.6. Read the Transportation Rules of the Carriers before placing an Order.
- Liability of the parties. Dispute resolution procedure
8.1. The Seller does not guarantee the uninterrupted and error-free operation of the Site and is not responsible for:
– delay, interruption, loss that occurs due to a malfunction of any electronic or mechanical equipment that does not belong to the Seller;
– data transmission or connection problems that arose through no fault of the Seller;
– the quality of public communication channels through which access to the Site is provided;
– blocking access to the Site as a result of actions by third parties.
However, the Seller undertakes to make all reasonable efforts to prevent this and will take all possible measures to eliminate the problems that arise.
8.2. Complaints or claims of Users/Buyers must be made in writing. The Seller will take all necessary measures to satisfy complaints/claims of Users/Buyers, provided that they are justified and properly processed in accordance with the current legislation of Ukraine.
8.3. All disputes, disagreements and claims arising from or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be subject to resolution in the appropriate court in accordance with the current legislation of Ukraine.
- Force majeure
9.1. The Parties are exempt from liability for untimely or improper fulfillment of their obligations if such non-fulfillment is a consequence of extraordinary circumstances, the occurrence of which is not related to the will of the Parties, such as military actions, strikes, mass riots, accidents, natural disasters, changes in the legislation of Ukraine, as well as other extraordinary circumstances that arose after the conclusion of this Agreement and directly affect the fulfillment of the terms of this Agreement and which the Parties could neither foresee nor prevent.
9.2. The Party for which it has become impossible to fulfill its obligations due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a relevant document issued by the authorized Chamber of Commerce and Industry of Ukraine or another duly authorized state body located at the place of occurrence of force majeure circumstances.
- Disclaimer regarding the collection and processing of personal data
10.1. By accepting the contract, the User/Buyer consents to the collection and processing of personal data in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI "On Personal Data Protection" and the Privacy Policy posted on the Site.
10.2. The information provided by the User/Buyer is collected, processed, stored, used, and may also be transferred to third parties solely for the purpose and within the scope of ensuring the Seller fulfills its obligations in accordance with the terms of this offer.
10.3. The User/Buyer may withdraw his/her consent to the processing of personal data by sending a corresponding request to the e-mail address: shkuropatskyi.company@gmail.com or to the Seller's address. In this case, the User/Buyer understands and agrees that withdrawal of consent prevents further use of the Site and placing Orders.
- Other
13.1. The provisions of the current legislation of Ukraine apply to the relationship between the User/Buyer and the Seller.
13.2. Photos of the Product posted on the Site may differ from the actual appearance of the product.
13.3. The Seller reserves the right to expand and reduce the product offer presented on the Site.
13.4. The Agreement is considered concluded and enters into force from the moment of acceptance and is valid until the Parties fulfill their obligations under this Agreement, or until termination on the grounds specified in the terms of the Agreement and/or the norms of the current legislation of Ukraine.
13.5. The invalidity of a separate provision of this Agreement shall not affect the invalidity of this Agreement as a whole.
13.6. The Parties may not assign their rights and obligations under the Agreement to third parties.
13.7. In the event of withdrawal of the Public Offer by the Seller during the term of the Agreement, the Agreement shall be deemed terminated from the moment of withdrawal, unless otherwise stipulated by the Seller upon withdrawal of the Offer.
13.8. The Agreement may be terminated by agreement of the Parties at any time or for other reasons provided for by this Agreement or the norms of the current legislation of Ukraine.
- Seller details
14.1. Individual entrepreneur Maksymenko Yulia Viktorivna (FOP Maksymenko Yu.V.), acts on the basis of an Extract from the Unified State Register of Individual Entrepreneurs (TIN: 3418616104).
14.2. Address of the Seller under this Agreement: Korostyshiv, Zhytomyr region, 6 Polyova st.
14.3. Contact number: +380979397431, email address: shkuropatskyi.company@gmail.com
14.4. Bank details: UA983052990000026002026401093 in JSC CB “PRIVATBANK”.