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Public Offer Contract
1. General Provisions.
The Internet-store "Unicrafts" (hereinafter referred to as the "Seller") publishes this contract, which is a public contract-offer (hereinafter referred to as the "Agreement") and has corresponding
Legal effect, on the sale of goods on the official website of the Seller to both physical and legal
Entities (hereinafter referred to as the "Buyer").
In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter - CCU) and the Rules for the sale of goods in order and outside of the trade or office premises, approved by the order of the Ministry of Economy of Ukraine from 19 April 2007 No.103, this document is an offer, and the fact of realization by the buyer in oral order (by phone or in shop, office) or in writing (via the site or by e-mail) form and receipt of this order by the Seller is complete and indisputable acceptance of this public contract and information posted on the site.
The use of services and the purchase of goods provided by the online store "Unicrafts" includes the consent of the person using the services or purchasing the goods, with the rules, terms, restrictions and other terms of cooperation outlined in this document.
Accepting the terms of the contract, the buyer confirms that:
A) at the time of purchase the buyer was 18 years old;
B) information that is given during the goods' or services' order is correct and relevant;
C) the contact information can be used to report changes in the work, promotional offers or other information related to the seller's activities.
On the basis of the foregoing, please read carefully this contract (public offer), and if you do not agree with any of the offer items, please leave the site.
In this Agreement, if the content does not require another, the terms should be interpreted as follows:
«Offer» — seller public offer addressed to any person and legal entity in order to conclude a purchase contract on existing conditions specified in the Agreement.
«Product» — list of items range presented on the official website of the Seller but does not limit by the site.
«Seller» — the company that sells goods which are represented in the online store, but does not limit by the site.
«Buyer» — a natural or legal person who has entered into business relationship with the Seller on the terms specified in the Agreement.
«Acceptance» — complete and unconditional acceptance by the Buyer terms of the Agreement.
«Order» — separate items from the assortment list of the Products specified by the Buyer at placing an application on the Seller's website or ordering in any other way.
«Courier delivery» — direct delivery of the Goods from the Seller to the Buyer by an independent contractor, who renders services to the Seller in accordance with a separate concluded agreement. The Seller does not independently deliver the Goods.
«The Internet-store» — sellers' web site is www.unicrafts.com.ua
2. The subject of the contract.
2.1. The Seller sells to the Buyer the Goods in accordance with the current prices at the time of the ordering, and the Buyer has the right to pay and accept the Goods in accordance with the terms of this Agreement.
2.2 This agreement is the official document of the Seller and an integral part of the Offer.
3. Time of the contract.
3.1. The text of the contract is a public offer (in accordance with Articles 633, 643 of the Civil Code of Ukraine and the Rules for the sale of goods to order and outside the trade or office premises, approved by the order of the Ministry of Economy of Ukraine from 19 April 2007 No. 103).
3.2. The fact of placing an order from the Seller, both independently and with the help of the operator, is the unconditional acceptance of the terms of this Agreement, and the Buyer continues to act as a person who has entered into a contractual relationship. The buyer is obligated to independently familiarize himself with the terms of the contract, the seller is not obliged to inform the buyer about the existence of the contract.
3.3. The moment when the Buyer joins the contractual relationship with the Seller is the moment of ordering the Goods, regardless of the order and form of payment.
3.4. The buyer independently and at his own discretion contacts the seller, which means that the buyer has read and agreed with this agreement.
4. Price
4.1. Prices in the online store are indicated in the national currency of Ukraine (UAH) per unit of goods in accordance with the existing price list.
4.2. The Seller reserves the right to change the price of the Goods before the order is placed without warning the Buyer.
4.3. The final price is specified by the manager at the time of order.
4.4. The prices listed on the site are for informational purposes www.unicrafts.com.ua.
5. Payment
5.1. In case of cash payment, the Buyer is obliged to pay the Seller the price of the product at the time of its transfer, unless otherwise provided by an agreement between the parties.
5.2. Payment for goods and services provided by the "Unicrafts" online store is carried out in the national currency of Ukraine in accordance with the prices and tariffs established at the time of purchase of goods or services.
5.3. Payment of the goods and services is provided by the online store "Unicrafts" and carries out in accordance with the section "Payment and Delivery", published on the site www.unicrafts.com.ua Payment is credited only if you follow the order posted on the site.
5.4. In case of non-payment, incomplete payment or late payment, the online store "Unicrafts" reserves the right not to provide the goods, suspension or complete non-fulfillment of the obligations assumed by it, and at the same time, it does not responsible for the possible consequences of such decision/actions.
5.5 Goods and services are guaranteed and provided only upon receipt by the Unicrafts Internet store (subject to the availability of the goods at the time of fixing the payment by the Seller to the importer, the physical availability of the goods in the Seller's warehouse, the possibility of delivery to the Seller's warehouse or at the address specified by the Buyer) . By the time the payment is received, the online store "Unicrafts" has no obligations to the Purchaser regarding the goods and services ordered by the Seller.
5.6. In the case of non-cash payment, the Buyer's obligation to pay the value of the goods is considered to have been executed since the moment of transfer of the corresponding funds to the seller's current account.
5.7. In case of a cashless form of payment, the Buyer is obligated to present to the manager or courier the document confirming the fact of payment of the Goods (payment order, receipt for payment, etc.).
5.8. Prices for any terms may be changed by the Seller unilaterally.
In the case of changing the Products' price before the payment of the Order, the Seller is obliged to inform the Buyer about such changes in the shortest terms. The buyer has the right to confirm or cancel the order. In the absence of communication with the Purchaser, the Order is deemed to be canceled within 24 hours after the change in the price of the Product. In the absence of communication with the Buyer, the Order is considered to be canceled within 24 hours of changing prices for goods.
6. Delivery of Goods
6.1. The Buyer has the right to get the ordered Goods by means of self-exportation (pick-up) from the warehouse of the Seller or use the services of courier delivery. The seller does not independently deliver to the Buyer the ordered Goods.
6.2. The courier delivery of the order to the Buyer is carried out in agreement with the Buyer and at the address indicated by him.
7. Sale of goods and services.
7.1. The online store "Unicrafts" does not guarantee the unconditional execution of the order. The involved technical systems (the web page and the site www.unistock.com.ua) may include unidentified technical errors, which result in the impossibility of executing the order, purchasing the goods or delaying the execution of the order. In addition, the impossibility of fulfilling an order or its untimely execution can be caused by circumstances caused by the human factor, or circumstances of force majeure.
7.2. In case of impossibility or untimely fulfillment of obligations assumed by itself in the circumstances set forth in clause 7.1 (excluding force majeure), the online store "Unicrafts" is liable within the limits of sums received from customers as payment for goods or services.
7.3. The online store "Unicrafts" does not respond and under any circumstances does not bear any material liability that goes beyond the amount received from the client as payment for goods and services.
7.4. The online store "Unicrafts" reserves the right to refuse to provide services or sell goods to the Buyer at its own discretion.
7.5. The money paid by the Buyer will not be returned in the following cases:
A) by court decision;
B) if the goods are of proper quality.
8. Third party liability.
8.1 The online store "Unicrafts" is not responsible for the use or further use of the goods and services purchased in the online store "Unicrafts" and with its help.
8.2. The Internet store "Unicrafts" is not responsible for the content and quality of the goods, subject to the availability of import certificates and documents confirming the purchase of this product to the importer.
9. Rights and obligations of the Parties.
9.1. The seller undertakes:
9.1.1. Do not disclose any private information of the Buyer and do not provide access to this information to third parties, except for the cases stipulated by the current legislation of Ukraine.
9.1.2. To provide the Buyer with the opportunity to receive free telephone consultations at the telephone numbers specified on the site (www.unicrafts.com.ua). The scope of consultations is limited to specific issues related to the execution of the order.
9.1.3. The Seller reserves the right of non-fulfillment of the order in case of force majeure.
9.1.4. The Seller reserves the right to amend this Agreement unilaterally until the moment of its conclusion.
9.2. The Seller is not responsible for the improper use of the goods by the Buyer ordered in the online store.
9.3. The Seller is entitled to transfer its rights and obligations to implement orders to third parties.
9.4. The buyer undertakes:
9.4.1. By the time of applying to an online store, «Unicrafts» read the contents of the contract offer, the terms of payment and delivery on the online store.
9.5. The ownership of the Order, as well as the risk of its accidental damage or loss, pass to the Buyer from the moment of goods' transferring.
10. Force Majeure.
10.1. Parties are exempt from liability of failure or improper fulfillment of obligations under the Agreement to a force majeure. Under the irresistible force are understood extraordinary and irresistible under these circumstances preventing the fulfillment of their obligations by the Parties under this Treaty. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, emergency states, major strikes, epidemics, etc.), prohibitive measures of state bodies (transportation ban, foreign exchange restrictions, international sanctions, bans on trade, etc.).
During this time, the Parties have no mutual claims, and each party assumes its own risk of force majeure consequences.
11. Copyrights.
All text information and graphic images posted on the website of the online store ("Unicrafts") are the property of the Seller and/or its suppliers and manufacturers of the Goods.
12. Information and its use.
12.1. The Internet store "Unicrafts" has the right at its own discretion to require from the Buyer documentary authenticity of the provided information.
12.3. Providing inaccurate information or not providing such information at the request of the online store "Unicrafts" may serve as a reason for suspending the provision of services or the sale of goods. In this case, the online store "Unicrafts" is not liable for any damage caused to the Buyer in case of suspension / non-performance of the services or non-sale of the goods provided the failure of paragraph 12.1.
12.4. The seller collects and processes the personal data of the Buyers (namely: surname, name, the patronymic of the Buyer, delivery address, contact numbers, e-mail address, etc.) in order:
- fulfillment of the conditions of this Agreement;
- delivery to the Buyer of the products ordered by him.
12.5. When ordering products in the online store «Unicrafts», Buyer agrees to the collection and processing of his own information.
12.6. Access to the personal data of buyers has only those who are directly involved in the order.
12.7. The Seller undertakes: to observe the confidentiality with regard to the personal data of the Buyers; Prevent attempts to unauthorized use of personal data of Buyers by third parties; to exclude access to the personal data of the Buyers who are not related to the execution of the Order, except cases stipulated by the current legislation of Ukraine.