Under this Agreement, one party, the Seller on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude a purchase and sale agreement with Buyers for Goods, photographs of which are posted in the corresponding section of the Website https://yalunkova-kraina.com.ua/.
Sellers who intend to sell Products using the Website https://yalunkova-kraina.com.ua/ and Buyers when purchasing Products, images of which are posted on the relevant pages https://yalunkova-kraina.com.ua/, accept the terms of this Agreement as follows.
GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a public offer agreement. Clicking on the Website page https://yalunkova-kraina.com.ua/ in the corresponding section of the “ORDER” button means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), according to the current international and Ukrainian legislation, has taken to fulfill the terms of the Public Offer Agreement, which are listed below.
1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement comes into force from the moment you click on the “ORDER” button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full payment to him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international treaty apply.
TERMS AND DEFINITIONS
“Public offer agreement” is a public agreement, a sample of which is posted on the Website https://yalunkova-kraina.com.ua/ and the application of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Website website https://yalunkova-kraina.com.ua/, directed to an unspecified circle of persons, including Buyers.
“Acceptance” - acceptance by the Buyer of the seller’s offer to purchase the Product, the image of which is posted on the Website https://yalunkova-kraina.com.ua/, by adding it to the virtual basket and submitting the Order.
“Product” - an item of trade (product, model, accessory, components and related items, any other items of trade), the purchase of which is posted on the Website https://yalunkova-kraina.com.ua/ by the seller.
“Buyer” is any legally capable individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who has visited the Website https://yalunkova-kraina.com.ua/ and intends to purchase a particular Product.
“Seller” - any capable individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who are the owners or distributors of the Goods and, through the Website https://yalunkova-kraina.com.ua/, intend to sell.
“Order” is the Buyer’s application for the purchase of Goods, duly completed and posted on the Website https://yalunkova-kraina.com.ua/, addressed to the seller.
“Legislation” means the norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.
“Significant defect of the Product” is a defect that makes it impossible or unacceptable to use the Product in accordance with its intended purpose, arose due to the fault of the manufacturer (Seller), and after its elimination appears again for reasons independent of the consumer.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, under the conditions and in the manner specified in this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the corresponding page of the Website https://yalunkova-kraina.com.ua/, and the Buyer undertakes under the conditions and in the manner specified in this Agreement , buy the Product and pay money for it.
3.2. The Seller guarantees that the Goods have not been pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or deception.
3.4. The Seller confirms that he has all the necessary permits to carry out business activities, which regulate the scope of legal relations arising and operating in the process of execution of this Agreement, and also guarantees that he has the right to produce and / or sell goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer’s rights in the process of execution of this Agreement and sale of the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged:
comply with the terms of this Agreement
fulfill the Buyer's orders upon receipt of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the Website https://yalunkova-kraina.com.ua/, the placed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
notify the buyer about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
4.2. The seller has the right:
unilaterally suspend the provision of services under this Agreement in the event of a violation by the Buyer of the terms of this Agreement.
4.3. Salesman:
A business entity from among the persons offering for purchase on the Website https://yalunkova-kraina.com.ua/ Goods according to uniform agreed rules set out in this public offer agreement.*
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged:
timely pay and receive the order under the terms of this Agreement;
read the information about the Product posted on the Website https://yalunkova-kraina.com.ua/;
upon receipt of the Goods from the person who delivered it, ensure the integrity and completeness of the Goods by examining the contents of the packaging. In case of damage or incompleteness of the Goods, record them in a document, which must be signed together with the Buyer by the person who delivered it to the Buyer.
5.2. The buyer has the right:
place an order on the corresponding page of the Website https://yalunkova-kraina.com.ua/;
require the seller to comply with the terms of this Agreement;
to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDER PLACEMENT PROCEDURE
6.1. The Buyer independently places an order on the appropriate page of the Website https://yalunkova-kraina.com.ua/ by adding Products to the virtual basket by clicking the “Add to Cart!” button, or by placing an order by email or phone number, indicated in the contact section of the Website https://yalunkova-kraina.com.ua/.
6.2. The term for placing an Order is up to 2 working days from the date of its registration. If the order is sent on a weekend or holiday, the formation period begins on the first working day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Website https://yalunkova-kraina.com.ua/. The price of the Agreement is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or product range.
7.3. The buyer can pay for the order in the following ways:
1) via bank transfer of money to the Seller’s current account specified in the invoice, incl. using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place where the goods were ordered.
3) The following type of credit card:
Visa
Visa Electron
Mastercard
Mastercard Electronic
Maestro
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for an order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for an order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. By clicking on the Website page https://yalunkova-kraina.com.ua/ in the corresponding section of the “ORDER” button, it means that the Seller has notified the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders issued by Visa, Mastercard, Visa cards Electron, Mastercard Electronic, Maestro.
CONDITIONS OF GOODS DELIVERY
8.1 The Buyer receives the Product via delivery, or receives it in person. The procedure for payment and receipt is indicated on the corresponding page of the Website https://yalunkova-kraina.com.ua/.
8.2. When delivering Goods to other cities of Ukraine or on the territory of another country, carried out by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own signature in the delivery note, the declaration of the Carrier Company, or in the delivery note upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, complete in accordance with the specifications of this Goods and in proper (working) condition and quality.
8.4. If the Buyer is not present at the delivery address specified by the Buyer in the application or the Buyer refuses to receive the Goods for unreasonable reasons, when delivered by the Courier to the carrier company, the Goods are returned to the shipping center. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer based on his letter sent to e-mail: support@yalunkova-kraina.com.ua indicating the bank account to which the funds should be returned.
All questions that arose during the process of payment and receipt of the Goods can be clarified by the Buyer using the contact information in the Contacts section.
TERMS OF RETURN OF GOODS
9.1. In accordance with Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange Goods of good quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the law on the grounds and list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Product, such return is carried out in accordance with the “Returns” section of the Site, taking into account the rules and conditions of the carrier or courier in force in the territory of Ukraine or in another country in accordance with the place of receipt of the Product.
9.3. If there is at least one of the listed deficiencies, the Buyer is obliged to record it in a free-form document. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, deficiencies should be recorded by photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing an order for the Product) about the identified deficiencies and agree to replace the Product, while filling out a complaint form for the return of the Product on the website https://yalunkova-kraina.com. ua/.
9.4. The parties agreed that in case of failure to comply with the mandatory requirements of this procedure, the Buyer shall be deemed to have received the Goods in proper condition - without any mechanical damage and in full completeness.
RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The parties are responsible for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner provided for by this Agreement and current international and Ukrainian legislation.
10.2. In the event of any disputes related to the Parties’ implementation of this Agreement, with the exception of disputes regarding the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The period for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes regarding the collection of debt from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those relating to its execution, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJEURE CIRCUMSTANCES
11.1. The parties are not liable for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are truly beyond the control of such party that occurred after the conclusion of this Agreement, of an unpredictable and inevitable nature.
Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (whether declared or undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. A Party for which it has become impossible to fulfill its obligations under this Agreement 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 provide the other Party with confirmation of force majeure within 30 (thirty) calendar days. circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized government agency located at the place where force majeure circumstances occurred.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended by any period during which execution was delayed due to the listed circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement continues for more than three months, each Party has the right to terminate this Agreement unilaterally by notifying the other Party in writing.
Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties shall make final mutual settlements.
OTHER CONDITIONS OF THE AGREEMENT
12.1. Information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Product, sending advertising messages, etc.).
12.2. By personally accepting the Agreement or registering on the Website https://yalunkova-kraina.com.ua/ (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his personal data for the following purpose: the data that becomes known will be used in for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunications (email, mobile communications) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website https: //yalunkova-kraina.com.ua/.
For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the Buyer’s postal address, e-mail, as well as send SMS messages and make calls to the telephone number specified in the application form.
12.3. The buyer gives the right to process his personal data, including: placing personal data in databases (without additional notification), storing data for life, accumulating it, updating it, changing it (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these purposes, as well as to a mandatory request from a competent government organ).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive promotional materials, sending it to a postal or email address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.