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Offer contract
1. GENERAL PROVISIONS
1.1. This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the purchase and sale remotely, i.e. through an online store.
1.2. In accordance with Article 642 of the Civil Code of Ukraine, full and undisputed acceptance of the terms of a public agreement, i.e. a public offer of an online store is the fact of clicking on the link "Place an order", "Place an order" or "Buy in 1 click and pay for the order in the amount of 100% under the terms of this agreement.
1.3. The public offer is also accepted when the Buyer registers on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely familiar with and agrees with its terms, and also, if the Buyer is an individual, gives permission to process his personal data for the purpose of fulfilling the terms of this Agreement, the possibility of making mutual settlements, as well as for receiving invoices, acts and other documents. Permission to process personal data is valid throughout the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection. The scope of the Buyer's rights, as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection", is known and understood by him.
2. TERMS USED IN THE AGREEMENT
2.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller addressed to an unspecified circle of persons endowed with legal capacity and all necessary rights and powers to conclude and execute this Public Agreement, to conclude with the Seller a Public Agreement for the purchase and sale of goods remotely on the terms and conditions contained in this Offer.
2.2. Public Agreement - a public agreement for the purchase and sale of goods, which establishes for all Buyers the same conditions for the purchase of the Goods under the terms of the public offer from the moment of its
acceptance by the Buyers.
2.3. Order for the purchase of Goods on the website of the Online Store - items specified by the Buyer from the assortment of Goods offered for sale, provided
that an application for the purchase of Goods (via the “basket”) is made on the website of the Online Store or through the Operator.
2.4. Acceptance — the Buyer's full and unconditional consent to the Seller's offer to conclude a Public Agreement on the terms and conditions stipulated in this Public Agreement.
2.5 Goods - a list of product names presented in the online store
2.6. Online store — the official online store "Mrii Marii Art Salon", located at the Internet address: https://mriimarii.com
2.7. The owner of the Internet site (Online store) https://mriimarii.com
is the individual entrepreneur Senchylo M.M.
2.8. Seller - the Owner of the site and/or another legal entity or individual entrepreneur who legally places information on the Site about goods
and/or services that can be ordered. The name of the Seller is indicated in the documents for the transfer of goods to the Buyer (deed of acceptance and transfer, invoice, sales receipt, fiscal receipt, etc., confirming the fact of the transfer of goods to the Buyer).
2.9. The Buyer is any capable individual, legal entity, individual entrepreneur, in accordance with current Ukrainian legislation, who visited the Website
https://mriimarii.com and intend to purchase and/or have purchased one or another Product.
3. PLACEMENT OF AN ORDER FOR THE PURCHASE OF GOODS
3.1. An order for the purchase of Goods is placed by the Buyer on the website of the Online Store or through the service of the Online Store website https://mriimarii.com .
3.2. This agreement regulates the purchase and sale in the Online Store, including:
a) voluntary selection by the Buyer of goods in the Online Store by categories;
b) independent registration of the order by the Buyer on the website of the online store;
c) payment by the Buyer of the order placed in the online store;
d) execution and transfer of the order to the Buyer in ownership under the terms of this agreement.
3.3. When placing an Order for the purchase of Goods through the website of the Online Store the Buyer undertakes to provide the following registration information:
3.3.1. surname, first name of the Buyer or the person specified by him (recipient);
3.3.2. e-mail address;
3.3.3. contact phone number.
3.4. If the Seller needs additional information, he has the right to request it from
the Buyer. In the event of failure to provide the necessary information by the Buyer, the Seller shall not be responsible for the Goods selected by the Buyer, and the Seller shall also have the right not to send the Goods to the Buyer until the requested additional information is received.
3.5. When placing an Order (clause 3.1. of this Offer), the Buyer undertakes
to provide the information specified in clause 3.3. of this Offer.
3.6. The Buyer accepts the terms of this Offer by entering
the relevant data into the Order form for the purchase of the Goods on the website of the Online Store. In case of additional questions, the BUYER may contact the Seller's support service at:
3.6. The Buyer accepts the terms of this Offer by entering the relevant data into the Order form for the purchase of the Goods on the website of the Online Store. In case of additional questions, the BUYER may contact the Seller's support service at: mriimarii.contact@gmail.com
4. ACCEPTANCE OF THE AGREEMENT
4.1. The Buyer's Order for the purchase of the Goods placed on the website of the Online Store, clicking on the "BUY" button on the website page of the website
https://mriimarii.com in the relevant section, means that the Buyer,
has accepted the terms of the Agreement.
4.2. The Parties agree on all essential terms and conditions by paying for and/or actually receiving the Goods by the Buyer, as well as shipping the Goods by the Seller.
4.3. The Parties agree that the sending by the Seller of any notifications about
the availability of the goods, acceptance of the order, delivery terms of the goods, its price, terms and forms of payment, status and/or changes in the status of the order, etc., sent by the Seller via e-mail, SMS messages, via
telephony, is exclusively a notification of the Buyer about the receipt of the offer by the Seller and cannot indicate its acceptance by the Seller.
4.4. The offer is considered accepted by the Seller if the Seller has taken actions that indicate acceptance of the Buyer's offer, namely: actually shipped the goods(s), started providing services in accordance with the terms and conditions stipulated by the Buyer's offer, provided an invoice for payment for the ordered Goods(s).
5. PRICE AND PAYMENT PROCEDURE FOR THE GOODS
5.1. The price of each item of the Goods is indicated on the website of the Online Store at the time of ordering the Goods, it requires confirmation by the Seller after receiving from the Buyer an Order for the purchase of the Goods.
5.2. The Seller indicates the cost of delivery of the Goods on the website of the Online Store.
5.3. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment of receipt of funds at the cash desk or crediting to the Seller's bank account.
5.4. Payments between the Seller and the Buyer for the Goods are made by the methods specified on the website of the Online Store at the web address:
https://mriimarii.com/dostavka-i-oplata and are chosen by the Buyer when placing an Order (cash (upon receipt of the Goods in the store), payment by card,
non-cash payment (payment of the invoice at a bank branch).
6. DELIVERY AND TRANSFER OF THE GOODS TO THE BUYER
6.1. The Seller provides or organizes the Buyer to deliver the Goods by one of the methods specified on the website of the Online Store at the web address:
https://mriimarii.com/dostavka-i-oplata.
6.2. The Buyer indicates the place of delivery of the Goods to the Seller when placing an order for the Goods on the Website or orally, when confirming the Order for the purchase of the Goods ("BUY").
6.3. The Goods are delivered throughout the territory of Ukraine, except for the temporarily occupied territory and the territory of the Joint Forces Operation.
6.4. The term of delivery of the Goods to the Buyer consists of the order processing term and the delivery term, and is established in each case individually, taking into account the Seller's capabilities and the interests of the Customer.
6.5. The right of ownership of the Goods passes to the Buyer from the moment of transfer of the Goods to the Buyer by any of the provided methods and payment by the Buyer of the cost of the Goods.
6.6. The fact of receipt of the Goods and the absence of any claims to the Seller regarding the quality, completeness of the Goods, as well as other claims regarding the goods delivered by carrier companies, is confirmed by the Buyer with his own signature in the accompanying documents (waybill, acceptance and transfer act, declaration for shipment, etc.). Upon receipt of the goods, the Buyer
undertakes to check the condition of the packaging and integrity of the Goods, compliance of the Goods with the declared characteristics, and in case of problems, to present on the spot claims to the delivery service. For its part, the Seller guarantees the shipment of the Goods to the carrier company
in accordance with the Buyer's Order.
6.7. When accepting the Seller's offer, the Buyer agrees to
receive information about the Goods via remote communication.
The signature on the documents confirming the acceptance of the goods and/or
the actual acceptance of the goods means that the Recipient has received all the necessary information (information) about the goods by the time of its acceptance.
7. QUALITY OF GOODS. OUR GUARANTEE OF GOODS.
7.1. The quality of the Goods offered by the Seller through the Online Store meets the requirements and standards stipulated by the current legislation of Ukraine regarding this category of goods.
7.2. The Seller provides a guarantee for the Goods for the period specified by the manufacturer of the Goods.
7.3. The Buyer's rights in cases of defects in the purchased Goods are determined by the current legislation of Ukraine.
7.4. Delivery to the Seller of the Goods in which the Buyer has identified defects is carried out at the expense of the Buyer.
8. LIABILITY OF THE PARTIES
8.1. For failure to fulfill or improper fulfillment of obligations under this Agreement
the Parties shall bear liability stipulated by the current legislation of Ukraine.
8.2. In case of violation by the Buyer of the payment terms for the goods, the Seller has the right to charge the Buyer a penalty in the amount of double the NBU discount rate, effective at the time of the delay, for each day of delay, as well as to postpone the delivery date of the ordered Goods until the time of payment for the Goods by the Buyer.
8.3. Payment of the penalty does not exempt the Buyer from fulfilling its obligations under this Public Agreement.
9. TERM OF THE PUBLIC AGREEMENT
9.1. The Public Agreement shall enter into legal force from the moment of its acceptance by the Buyer and shall be valid until the Parties fully fulfill their obligations stipulated by this Public Agreement.
9.2. The Public Agreement may be terminated early by mutual consent of the Parties.
9.3. The Public Agreement may be terminated by the Seller in the event of violation by the Buyer of its obligations under this Public Agreement.
10. OTHER CONDITIONS
10.1. Disputes between the Parties arising in connection with the performance of obligations under this Agreement shall be resolved through negotiations. If it is impossible to resolve disputes through negotiations, such disputes shall be subject to judicial resolution in accordance with the current legislation of Ukraine.
10.2. In cases not regulated by this Public Agreement, the Seller and the Buyer shall be governed by the current legislation of Ukraine.
10.3. The Seller has the right to make changes to the Offer without notifying the Buyer, which shall come into force from the moment the Seller makes changes by posting them on this website.
10.4. The invalidity of individual provisions of the Public Agreement shall not entail the invalidity of the Public Agreement as a whole, since it can be assumed that this Public Agreement could have been concluded without including such provisions in it.
10.5. The Buyer confirms that from the moment of placing the Order, he (the Buyer) has been notified of the inclusion of his own personal
data voluntarily provided to the Seller into the Seller's personal data database.
10.6. The Buyer, while on the Seller's website, gives permission to the Seller to process his personal data in accordance with the Law of Ukraine "On the Protection of Personal
Data". The Buyer confirms that he is familiar with the rights enshrined in
the Law of Ukraine "On the Protection of Personal Data".
10.7. The Buyer consents to the storage of his personal data for
75 (seventy-five) years.
10.8. By creating an order and/or registering on the Site (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his/her personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, sending by the Seller and/or its commercial partners by telecommunications means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information, including, but not limited to, the activities of the Site and Sellers. For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as to send SMS messages and make calls to the telephone number specified in the form. 10.9. The Buyer grants the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, updating, changing (as necessary). The Seller undertakes to ensure data protection 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 the specified purposes, as well as at the mandatory request of a competent state authority). 10.10. The Buyer, by indicating his personal data, when placing an Order and/or creating an account, allows the Seller and/or its partners to send information, in particular of an advertising nature, by e-mail or SMS messages. 10.11. The Buyer allows the Seller to record and store telephone
calls, correspondence, messages, including electronic ones, related to the execution of the Buyer's Order for the purchase of the Goods and obligations under this Agreement.
10.12. The Public Contract is concluded by the Buyer joining the
proposed by the Seller Agreement in full through acceptance of all essential terms of the Agreement without signing a written copy and has legal force in accordance with the provisions of Articles 633, 634 of the Civil Code of Ukraine. The Buyer cannot offer its own terms of the Public Contract.
10.13. Unconditional and full acceptance of the terms of the Public Contract by the Buyer is concluded through the Buyer's actions aimed at purchasing the Goods, stipulated by the Public Contract, in particular, clause 4.1., regardless of other conditions.
11. LOCATION AND DETAILS OF THE SELLER
Individual entrepreneur Senchylo Marina Mykolaivna
EDRPOU 2927619781
Single tax payer. Not a VAT payer
For contact: mriimarii.contact@gmail.com
tel. +380980148174