PUBLIC CONTRACT FOR THE SALE OF GOODS
(PUBLIC OFFER)
This public contract for the sale of goods is an official offer of the individual entrepreneur Yulia Viktorivna Zakrevska (RNOKPP: 3044805503), hereinafter referred to as the “Seller”, to conclude a contract for the sale of goods
A PUBLIC CONTRACT FOR THE SALE OF GOODS
(PUBLIC OFFER)
This public contract for the sale of goods is an official offer of the individual entrepreneur Yulia Viktorivna Zakrevska (RNOKPP: 3044805503), hereinafter referred to as the “Seller”, to conclude a contract for the sale of goods remotely (hereinafter referred to as the “Agreement”), through the Seller's website “www.rozvidkanoem.com” (hereinafter referred to as the “Site”).
Dear visitor of the site www.rozvidkanoem.com, we draw your attention to the fact that the use of www.rozvidkanoem.com in any form (including, but not limited to, placing orders for goods and services by you using the site www.rozvidkanoem.comзамовлення goods through the Seller's page on the social network Instagram - https://www. instagram.com/rozvidkanoem (rozvidkanoem) participation in bonus programs, promotions, filling out applications, forms, etc.) is your unconditional consent to all the terms and conditions specified in this public offer and is equivalent to the signing of the Agreement by both Parties.
This public offer is binding on the parties. If you do not agree with the terms of this public offer, you must refrain from using the website www.rozvidkanoem.com.
1. DEFINITION OF TERMS
1.1. Website - a website that has the address on the Internet www.rozvidkanoem.com, owned by the Seller and through which the Buyer has the opportunity to purchase the desired Goods.
1.2. Buyer - an individual and/or legal entity that has entered into an agreement with the Seller on the terms contained in this Offer.
1.3. Seller - Individual entrepreneur Yulia Viktorivna Zakrevska (RNOKPP: 3044805503), who sells the goods presented on the Seller's website and Instagram page.
1.4. The Parties are collectively referred to as the Seller and the Buyer.
1.5. Instagram page - the Seller's store on the Instagram social network page https://www.instagram.com/rozvidkanoem (rozvidkanoem) through which the Seller sells the Goods to the Buyers. At the same time, the placement of consumer information, ordering of goods and the transaction take place both through the exchange of private messages using the messenger on the Instagram network, and through any communication channel that connects the Seller with the potential Buyer.
1.6. User - an individual who has reached the age of 18, has full legal capacity, uses this site and/or its individual tools, has agreed to the terms of the Public Offer and has fulfilled all its conditions described below.
1.7. Website/Instagram page administration - the Seller or its authorized persons who administer the online store www.rozvidkanoem.com and/or Instagram page https://www.instagram.com/rozvidkanoem (rozvidkanoem).
1.8. Acceptance - the provision by an individual and/or legal entity of full and unconditional consent to the conclusion of this Agreement on the terms set forth in this Agreement.
1.9. Order - a duly executed and placed request of the Buyer for the purchase of the selected Goods via the Site or Instagram page.
1.10. Goods - goods, the assortment, price and characteristics of which are indicated on the Site or the Seller's Instagram page and are offered for sale. Product information may be updated, changed and supplemented by the Seller at any time without prior notice to the Buyer.
1.11. Personal data is information or a set of information about an individual who is identified or can be specifically identified by them.
2. GENERAL PROVISIONS
2.1. This agreement is a public offer agreement (in accordance with Articles 633 and 641 of the Civil Code of Ukraine), its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur).
2.2. By entering into this Agreement, the Buyer confirms that he/she has read and agrees to the proposed terms and conditions.
2.3. By entering into this Agreement, the Buyer authorizes the Seller to process its personal data for mutual settlements, receipt of invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement, as well as after its expiration.
2.4. The Seller and the Buyer warrant that they have the necessary legal capacity and capacity to act, as well as all rights and powers necessary and sufficient for the conclusion and execution of the Agreement.
3. SUBJECT OF THE AGREEMENT
3.1 In the manner and under the conditions specified in this Agreement, the Seller undertakes to transfer the goods ordered and paid for by the Buyer to the Buyer, and the Buyer undertakes to pay for and accept the Goods ordered by him.
3.2. This Agreement also regulates the issues of:
3.2.1. selection of the Goods by the Buyer and execution of the Orders;
3.2.2. processing of the Orders by the Seller and delivery to the Buyer;
3.2.3. terms and procedure for payment by the Buyer for the ordered Goods;
3.2.4. consent to the processing of personal data and the policy of using such data;
3.2.5. any other terms and conditions determined by the Seller at its sole discretion.
3.3 By entering into this Agreement, the Buyer confirms that he is familiarized and agrees with the information on the terms of delivery, the cost of the goods and the terms of payment of the cost of delivery of the goods sold under the terms of this Agreement, as well as with information about the goods themselves, namely, their shape, dimensions, appearance, design, color, size, quality, characteristics of the material from which the goods are made and information about its manufacturer. The Buyer is aware of such characteristics of the goods, their significance and agrees to purchase such goods with such characteristics.
3.4. The Seller warrants that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and are not subject to any rights of third parties.
3.5. The Seller confirms that he has all the necessary permits for economic activity provided for by the legislation governing the scope of legal relations arising and operating in the course of the contract, and also guarantees that he has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine and undertakes to bear responsibility in case of violation of the Buyer's rights in the course of the contract and the sale of the goods.
4. PROCEDURE FOR JOINING THE AGREEMENT (ACCEPTANCE)
4.1 By acceptance, the Buyer confirms his full and unconditional agreement with all provisions of this Agreement and the policies, rules and other pages of the Site referred to herein, without any exceptions and limitations, and confirms that he is familiar with the terms of the public Agreement before the moment of acceptance.
4.2. The moment of acceptance by the Buyer of the terms of this public offer to conclude the Agreement for the sale of goods is the sending (placing) by the Buyer to the Seller using the system posted on the site, an order for the relevant goods or ordering goods through the Seller's Instagram page by correspondence with the Administration of the Instagram page.
4.3. The contract of sale of the Goods is considered concluded from the moment the Seller receives the Order with the selected Goods placed by the user or the end of the dialogue through the messenger of the Instagram page (in this case, the chat dialogue through the messenger of the Instagram page must contain all the details inherent in the Order - the name of the Goods, its price and terms of payment and delivery).
4.3. The Buyer's acceptance confirms that the Buyer has received all the necessary, accessible, reliable and timely information about the Goods chosen by him in full and properly in accordance with the requirements of Article 15 of the Law of Ukraine “On Protection of Consumer Rights”, which fully ensured the possibility of conscious and competent choice of this Goods, has read and agreed with the content of this Agreement, the Seller's registration data, the procedure for accepting claims, the characteristics of the goods, the price of the goods, the terms of payment for the goods, the terms of delivery, etc.
4.4. The Buyer's acceptance confirms that the Buyer unconditionally and fully accepts all the terms of this Agreement without exception, and also enters into the relevant contractual legal relationship with the Seller.
5. ORDERING PROCEDURE
5.1. The order is made by the following methods, at the Buyer's choice:
5.1.1. The Buyer independently and at his own discretion selects the available and offered for sale Goods on the Website www.rozvidkanoem.com by clicking the “Add to Cart” button. The Buyer independently fills out and sends to the Seller the “Ordering” form, in which, in particular, he must indicate his surname, name, contact phone number, e-mail address, the chosen payment method, the chosen method and the desired place of delivery of the Goods (in case the Buyer wishes to receive the Goods with delivery).
5.1.2 The Buyer independently and at his own discretion chooses on the Instagram page https://www.instagram. com/rozvidkanoem (rozvidkanoem) the Goods offered for sale and orders them by correspondence, in the messenger of the social network Instagram with the Administration of the Seller's Instagram page, where he indicates the Goods he wants to buy, their quantity and characteristics, must indicate his surname, name, contact phone number, e-mail address, chosen payment method, chosen method and desired place of delivery of the Goods (if the Buyer wants to receive the Goods with delivery).
5.2. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's virtual basket on the Site or indicated in the description of the Goods on the Instagram page.
5.3. The Seller may set a minimum order amount, which is indicated on the Site and/or Instagram page.
5.4. If the Seller needs additional information, he has the right to request it from the Buyer. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods on the Site.
5.5. The Buyer is responsible for the accuracy of the information provided when placing the Order.
5.6. The Seller shall have the right to unilaterally withdraw from this Agreement if the Goods ordered by the Buyer are not available from the Seller at the time of ordering, provided that the Buyer is notified within three business days from the date of ordering. Such actions of the Seller shall not constitute a violation of the terms of this Agreement and shall not entail any liability for the Seller. In this case, the amount of the actual payment for the Goods shall be credited to the Buyer's next Order (at his request) or returned to the Buyer in full.
5.7. By sending (placing) the Order, the Buyer confirms that he has been duly notified by the Seller in a convenient and accessible way in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine “On Protection of Consumer Rights” about:
- the name of the Seller, its location and the procedure for accepting a claim;
- the main characteristics of the product;
- price, including delivery fee, and payment terms;
- warranty obligations and other services related to the maintenance or repair of products;
- other terms of delivery or performance of the contract;
- the procedure for accepting offers;
- the procedure for termination of the contract.
6. TERMS AND PROCEDURE OF SETTLEMENTS BETWEEN THE PARTIES.
6.1. Settlements between the Parties under the terms of this Agreement shall be made in the national currency of Ukraine in a non-cash form, by transferring non-cash funds to the Seller's bank account (subject to the Order number). Also, payment is made through the National Payment Service “UApay”, through which non-cash funds are transferred to the Seller's bank account.
6.2. The price of the Goods is determined by the Seller at its sole discretion and is indicated on the Site and/or the Seller's Instagram page.
6.3. The cost of the Order is determined by adding the price of all selected Goods placed in the virtual basket. The price of delivery may be added to the price of the order, if such payment was chosen by the Buyer. Appropriate discounts (if any) may be applied to the cost of the Order.
6.4. Payment for the Goods shall be made by the Buyer in the amount corresponding to the total cost of the Order specified on the Site or in a message sent by correspondence using the messenger of the Instagram page before the completion of the Order, taking into account the amount of all discounts (if any).
6.5. The cost of the Goods selected by the Buyer is valid at the time of placing the Order and concluding this Agreement.
6.6. Payment for the Goods shall be made by the Buyer on the terms of full 100% (one hundred percent) prepayment.
6.7. The Order is considered paid from the moment the funds are received to the Seller's account. The fact of payment of the Order indicates the Buyer's consent to the terms of this Agreement.
6.8. Failure of the Buyer to fulfill its obligations to pay for the Goods ordered by it in the amount specified in the Order shall be considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, entails the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.
7. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
7.1. Information on the cost and possible methods of delivery of the Goods is an integral part of this Agreement and is contained on the page “Delivery and Payment” on the Website https://rozvidka-noem.com/oplata-i-dostavka. The Buyer independently chooses the delivery method when placing the Order.
7.2. Delivery of the Order to the Buyer is carried out within 3 working days, taking into account the Seller's work schedule, weekends and holidays. The Seller reserves the right to change the time and date of delivery, having previously agreed with the Buyer.
7.3. The Parties have established that the Seller has the right to independently determine the carrier of the goods, which delivers the goods to the Buyer, without the consent of the Buyer.
7.4. Delivery of the Order is carried out by the postal operator - the transport company LLC “Nova Poshta” (hereinafter referred to as the “Carrier Company”). The Buyer fully and unconditionally agrees to the Rules of cargo transportation of the Carrier Company. The terms of such Rules can be found on the websites of the respective Carrier Companies.
7.5. The Seller shall notify the Buyer of the exact date and time of arrival at the place of delivery of the goods by sending him an SMS message with the number of the consignment note.
7.6. The Buyer is obliged to inspect the Goods at the office of the Carrier Company and certify its compliance with the ordered nomenclature, quantity and completeness of the goods, as well as its integrity.
7.7. The fact of receipt of the Order with the selected Goods and the absence of claims to the quality of the Goods delivered by the Carrier Company shall be confirmed by the Buyer's own signature in the consignment note or the fact of receipt of the goods from the postal operator at the time of receipt of the Order.
7.8. If the goods have not been accepted (exported) by the Buyer within the established period of transfer of the goods, the Seller has the right to dispose of such goods at its sole discretion.
7.9. In case of unreasonable non-acceptance by the Buyer of the goods delivered (sent) by the Seller to the Buyer or in case of return of the goods by the Buyer to the Seller, except for cases of return of low-quality/incomplete/inconsistent assortment of goods, the Seller has the right to receive, among other things, the amount of expenses incurred, which is the cost of delivery of such goods to the Buyer.
7.10. The transfer of ownership occurs at the time of transfer of the Goods, which is documented by a consignment note / express waybill, confirmed by the signatures of the authorized representatives of the Parties.
7.11. This Agreement is considered to be fulfilled at the time of delivery (transfer) of the Goods to the Buyer.
7.12. In case the ordered Goods do not comply with the Order or contain damage, the Buyer has the right, at its sole discretion
7.12.1. withdraw from this Agreement;
7.12.2. demand the exchange (replacement) of the Goods for a similar Goods of good quality from among the Goods available and posted on the Website www.rozvidka-noem.com.
8. EXCHANGE AND RETURN OF GOODS
8.1. Returns and exchanges of goods are carried out in accordance with the current legislation of Ukraine, that is, within 14 days from the date of receipt of the Order by the Buyer.
8.2. The parties agreed that a prerequisite for the return of the Goods is:
8.2.1. the presence of the original and undamaged packaging of the Goods, the full completeness of the Goods.
8.2.2. the presence of the original invoices of the Seller for the returned goods.
8.2.3. the goods must meet the following requirements: it has not been used, its presentation and consumer properties have been preserved.
8.3. The Buyer shall return the Goods to the Seller at his own expense and on his own.
8.4. The parties agreed that the Goods shall not be accepted for return if the warranty period has expired at the time of return.
8.5. If the Buyer returns the Goods of good quality, the Seller shall refund the amount paid for the Goods upon return of the Goods, less compensation for the Seller's expenses related to the delivery of the Goods to the Buyer.
8.6. If during the inspection of the goods returned from the Buyer there are signs of use, damage, lack of seals and labels that make it impossible to resell the goods, the Seller will draw up an “Act of Inspection of the Goods”, describe the defects / damage and send the goods back to the Buyer together with the goods.
8.7. The Buyer has no right to refuse goods of good quality with individually defined properties, if the specified goods can be used exclusively by the specific Buyer who purchased it (including non-standard sizes, at the request of the Buyer, etc.) Confirmation of the fact that the goods have individually defined properties is the difference in the size of the goods and other characteristics indicated on the Site.
8.8. The refund of the amount specified in clause 8.5. of this Agreement shall be made within 7 (seven) working days after the store receives the return of the goods.
8.9. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).
8.10. If at the time of the Buyer's request to the Seller to exchange the Goods of good quality for another similar Goods, the Seller does not have the Goods necessary for the exchange, the Buyer has the right
8.10.1. exchange the purchased Goods for any other Goods from among the Goods available for sale and posted on the Website www.rozvidkanoem.com with the corresponding transfer of the value of the Goods in accordance with the current legislation of Ukraine.
8.10.2. to exchange the received Goods for another similar Goods upon its first receipt by the Seller. In this case, the Seller undertakes to notify the Buyer within 3 (three) calendar days from the date of receipt of such Goods for sale;
8.10.3. terminate this Agreement.
8.11. Sending the Goods for exchange shall be carried out by the Buyer at his own expense and on his own.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The Buyer has the right to:
9.1.1. Require the Seller to fully and properly fulfill the terms of this Agreement;
9.1.2. Require the Seller to transfer the goods in accordance with the Order and the terms of this Agreement;
9.1.3. To make claims to the quality of the Goods in accordance with the Law of Ukraine “On Protection of Consumer Rights”.
9.1.4. To withdraw from this Agreement or terminate this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
9.1.5. To exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
9.2. The Buyer is obliged to:
9.2.1. Properly and fully fulfill all its obligations under this Agreement;
9.2.2. Timely pay and receive the order on the terms of this Agreement.
9.2.3. Before entering into this Agreement, carefully read its content and terms, as well as familiarize yourself with the cost of the Goods, methods and procedure of payment and delivery;
9.2.4. Accept or ensure acceptance of the Goods from the Seller or the Carrier Company in accordance with the terms of this Agreement.
9.2.5. To comply with the terms of this Agreement and fulfill the obligations expressly provided for by the terms of this Agreement or arising from the terms of this Agreement or provided for by the norms of the current legislation of Ukraine.
9.3. The Seller has the right to:
9.3.1. Require the Buyer to fulfill the obligations expressly provided for by the terms of this Agreement or arising from the terms of this Agreement, properly and within the established time limits;
9.3.2. Refuse to sell to the Buyer the goods that the Seller does not have in stock.
9.3.3. At any time, at the Seller's discretion, review and change the price of the Goods offered for sale on the Website;
9.3.4. Hold sales and offer promotional offers that provide a temporary opportunity to purchase the Goods on more favorable terms than usual.
9.3.5. To change the terms of this Agreement unilaterally before its conclusion. All changes shall take effect immediately upon their publication on the website.
9.3.6. Unilaterally terminate the performance of this Agreement (terminate the Agreement) in case of violation by the Buyer of the terms of this Agreement.
9.3.7. To exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
9.4. The Seller is obliged to:
9.4.1. properly and fully fulfill all its obligations under this Agreement;
9.4.2. Within the terms, in the manner and under the conditions established by this Agreement, ensure the delivery of the Goods ordered by the Buyer to the place and in the manner specified in the Order for such Goods;
9.4.3. To fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
10. TERM OF VALIDITY AND CONDITIONS FOR TERMINATION OF THE AGREEMENT
10.1. The Agreement shall enter into force upon acceptance of the Offer (acceptance of the terms of the Agreement) and shall remain in force until the Parties fulfill their obligations or until the Agreement is terminated.
10.2. This Agreement is considered to be fulfilled upon delivery (transfer) of the Goods to the Buyer.
10.3. The Seller shall have the right to unilaterally terminate this Agreement in case of failure of the Buyer to fulfill its obligations under this Agreement.
10.4. Prior to the expiration or fulfillment of this Agreement, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods.
10.5. Termination of the Agreement by the Buyer or withdrawal of the acceptance of the Offer shall not impose on the Seller the obligation to return the funds actually spent on the fulfillment of the relevant order of the Buyer.
11. RESPONSIBILITY
11.1. In case of non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Agreement.
11.2. The Seller is not responsible for delays in the delivery of the Goods that occur for reasons beyond the Seller's control, including the time of transportation of the Order by the Carrier Company.
11.3. The Seller shall not be liable for damage caused to the Buyer as a result of improper use of the Goods pre-ordered on the Website www.rozvidkanoem.com and purchased from the Seller.
11.4. The Seller is not responsible for a slight discrepancy in the color scheme of the goods, which may differ from the original goods solely due to differences in color reproduction by personal computer monitors of individual models.
11.5. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false or erroneous information.
11.6. The Buyer shall be solely responsible for the timely payment and all fees, for the cost of delivery of the Goods and any fees associated with the delivery of the Goods.
11.7. The Buyer, using the Internet access provided to him, is solely responsible for the damage caused by his actions (personally, even if his login was used by another person) to persons or their property, legal entities, the state or moral principles or morality of a person.
11.8. The Seller shall be released from liability for full or partial failure to fulfill its obligations under this Agreement if such failure was the result of force majeure.
11.9. The Seller shall be released from liability for incomplete or improper fulfillment of the Order under the Agreement in cases of failure of the Buyer to fulfill any of the terms of the Agreement.
11.10. The Seller is not responsible for the lack of technical ability to fulfill the Order due to interruptions in the operation of computer networks.
11.11. Responsibility for money transfers made by the Buyer shall be fully borne by the banks and payment systems used by the Buyer.
12. DISPUTE RESOLUTION
12.1. The Parties to this Agreement have agreed that any disputes that may arise between the Parties during the term of this Agreement may be resolved by one Party to this Agreement to the other Party to this Agreement by submitting a relevant claim in writing or in any other manner provided for by the terms of this Agreement.
12.2. Claims shall be considered within 14 (fourteen) calendar days from the date of receipt of such claim by the party to whom such claim was sent, unless otherwise provided by the terms of this Agreement.
12.3. The Parties shall make every effort to resolve any disputes exclusively through negotiations. If the Parties fail to reach an agreement on the dispute, such disputes and disagreements shall be resolved in accordance with the current legislation of Ukraine.
13. FORCE MAJEURE CIRCUMSTANCES
13.1. The Parties shall be released from liability for untimely or improper fulfillment of obligations under the concluded Purchase and Sale Agreement if the failure is the result of extraordinary circumstances (force majeure), the occurrence of which is not related to the will of the Parties, such as military actions strikes, 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 not have foreseen or prevented by reasonable actions.
13.2. The Buyer, for whom it has become impossible to fulfill obligations due to the occurrence of force majeure, must immediately inform the Seller in writing of the occurrence of the above circumstances, as well as provide the Seller with confirmation of force majeure within 30 (thirty) calendar days.
13.3. Force majeure in this agreement means extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated by the terms of the agreement (contract, agreement, etc.), obligations under legislative and other regulations, namely threat of war, armed conflict or a serious threat of such conflict, including, but not limited to, hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military operations, declared and undeclared war, actions of a public enemy, riots, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, insurrection, mass riots, curfew, quarantine, established by the Cabinet of Ministers of Ukraine, expropriation, compulsory seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc., as well as caused by exceptional weather conditions and natural disasters, namely epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.
13.4. During the period of force majeure, the Parties shall have no mutual claims and each Party shall bear the risk of the consequences of force majeure.
13.5. Confirmation of notification of the impossibility of fulfilling obligations due to the occurrence of force majeure on the part of the Seller is the posting of a corresponding message on the Site, as well as posts on the Instagram page.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All rights to the content posted on the pages of the Site and the Seller's pages on social networks, including the Instagram page, as well as to all other materials belong to the Seller or its partners who have given the Seller consent to post such materials.
14.2. Intellectual property rights to the materials used on the Site and the Instagram page, including, but not limited to, images, videos, logos, graphics, sounds, belong to the Seller.
14.3. The specified content can be used in the following ways: by familiarizing yourself with it (by viewing, reading, listening, other familiarization depending on the type of Content, as well as by reproducing it for personal use only).
14.4. The Seller prohibits the use of content from the Website and Instagram page without its consent for posting on other pages on social networks or websites on the Internet.
14.6. All content materials (photos, videos, images, drawings, etc.) provided by the Seller to the Buyer in the process of interaction are the result of the Seller's intellectual activity.
15. PROTECTION OF PERSONAL DATA
15.1. The information provided by the Buyer is confidential. The Seller guarantees that the Buyer's information is used solely for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.)
15.2. The personal data specified by the Buyer is processed in the process of processing orders, which include, but are not limited to: last name, first name, contact phone number, city, name of the account in social networks (in case of ordering through the Instagram page), as well as e-mail address.
15.3. The processing of the Buyer's personal data is carried out in accordance with the legislation of Ukraine. The Buyer gives the Seller the right to process his personal data in connection with the execution of this Agreement, including for the purpose of receiving advertising messages about the goods sold by the online store. Therefore, the processing of the Buyer's personal data is carried out in connection with the execution of the contract concluded on the terms of this Offer, the Buyer's written consent to the processing of his personal data is not required. The term of use of the provided personal data is indefinite. The Buyer warrants and is responsible for the fact that the data specified in the Order is voluntarily provided by him and/or third parties when placing the order and all such persons are familiarized and agree with this Agreement.
15.4. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order. The Buyer is responsible for the accuracy of the information provided when placing the Order.
16. FINAL PROVISIONS
16.1. The Agreement is binding on the Parties to this Agreement.
16.2. All issues not regulated by the Agreement shall be governed by the current legislation of Ukraine.
16.3. The invalidity of any clause or part of this Agreement shall not invalidate the Agreement as a whole.
16.4. The Buyer agrees to receive promotional materials about promotions, sales, marketing programs, etc. by e-mail, mobile communication, including the contact information provided by the Buyer when placing the Order. In case of unwillingness to receive such information, the Buyer may write a letter of refusal to receive information to the Seller's e-mail address.
16.5. The Parties warrant that at the time of the conclusion of this Agreement they are authorized and have the right to enter into this Agreement.
16.6. The Seller reserves the right to unilaterally amend this Agreement without any special notice to third parties. The new version of the Agreement shall come into force from the moment it is posted on the Seller's website www.rozvidkanoem.com, unless otherwise provided by the new version of the Agreement.
16.7. Visiting the Website or sending e-mails to the Seller is an electronic communication between the Seller and the Buyer. The Buyer agrees to receive e-mails, messages, etc. The Buyer is notified that by agreeing to the terms of this Agreement, this Agreement and all additional agreements to it, notifications and other information provided by the Seller to the Buyer electronically, by e-mail and on the website, are legally equivalent to agreements, documents concluded in writing and have the same legal force for the parties as documents drawn up on paper and signed by the parties themselves.
16.8. Official contacts of the Seller:
16.8.1. E-mail address - [email protected]
16.9. The Buyer is familiarized and agrees with the terms of this Agreement.
The Buyer shall enter into the Agreement by remote means (hereinafter referred to as the “Agreement”), through the Seller's website “www.rozvidkanoem.com” (hereinafter referred to as the “Website”).
Dear visitor of the site www.rozvidkanoem.com, we draw your attention to the fact that the use of www.rozvidkanoem.com in any form (including, but not limited to, placing orders for goods and services by you using the site www.rozvidkanoem.comзамовлення goods through the Seller's page on the social network Instagram - https://www. instagram.com/rozvidkanoem (rozvidkanoem) participation in bonus programs, promotions, filling out applications, forms, etc.) is your unconditional consent to all the terms and conditions specified in this public offer and is equivalent to the signing of the Agreement by both Parties.
This public offer is binding on the parties. If you do not agree with the terms of this public offer, you must refrain from using the website www.rozvidkanoem.com.
1. DEFINITION OF TERMS
1.1. Website - a website that has the address on the Internet www.rozvidkanoem.com, owned by the Seller and through which the Buyer has the opportunity to purchase the desired Goods.
1.2. Buyer - an individual and/or legal entity that has entered into an agreement with the Seller on the terms contained in this Offer.
1.3. Seller - Individual entrepreneur Yulia Viktorivna Zakrevska (RNOKPP: 3044805503), who sells the goods presented on the Seller's website and Instagram page.
1.4. The Parties are collectively referred to as the Seller and the Buyer.
1.5. Instagram page - the Seller's store on the Instagram social network page https://www.instagram.com/rozvidkanoem (rozvidkanoem) through which the Seller sells the Goods to Buyers. At the same time, the placement of consumer information, the order of goods and the transaction take place both through the exchange of private messages using the messenger on the Instagram network, and through any communication channel that connects the Seller with the potential Buyer.
1.6. User - an individual who has reached the age of 18, has full legal capacity, uses this site and/or its individual tools, has agreed to the terms of the Public Offer and has fulfilled all its conditions described below.
1.7. Website/Instagram page administration - the Seller or its authorized persons who administer the online store www.rozvidkanoem.com and/or Instagram page https://www.instagram.com/rozvidkanoem (rozvidkanoem).
1.8. Acceptance - the provision by an individual and/or legal entity of full and unconditional consent to the conclusion of this Agreement on the terms set forth in this Agreement.
1.9. Order - a duly executed and placed request of the Buyer for the purchase of the selected Goods via the Site or Instagram page.
1.10. Goods - goods, the assortment, price and characteristics of which are indicated on the Site or the Seller's Instagram page and are offered for sale. Product information may be updated, changed and supplemented by the Seller at any time without prior notice to the Buyer.
1.11. Personal data is information or a set of information about an individual who is identified or can be specifically identified by them.
2. GENERAL PROVISIONS
2.1. This agreement is a public offer agreement (in accordance with Articles 633 and 641 of the Civil Code of Ukraine), its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur).
2.2. By entering into this Agreement, the Buyer confirms that he/she has read and agrees to the proposed terms and conditions.
2.3. By entering into this Agreement, the Buyer authorizes the Seller to process its personal data for mutual settlements, receipt of invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement, as well as after its expiration.
2.4. The Seller and the Buyer warrant that they have the necessary legal capacity and capacity to act, as well as all rights and powers necessary and sufficient for the conclusion and execution of the Agreement.
3. SUBJECT OF THE AGREEMENT
3.1 In the manner and under the conditions specified in this Agreement, the Seller undertakes to transfer the goods ordered and paid for by the Buyer to the Buyer, and the Buyer undertakes to pay for and accept the Goods ordered by him.
3.2. This Agreement also regulates the issues of:
3.2.1. selection of the Goods by the Buyer and execution of the Orders;
3.2.2. processing of the Orders by the Seller and delivery to the Buyer;
3.2.3. terms and procedure for payment by the Buyer for the ordered Goods;
3.2.4. consent to the processing of personal data and the policy of using such data;
3.2.5. any other terms and conditions determined by the Seller at its sole discretion.
3.3 By entering into this Agreement, the Buyer confirms that he is familiarized and agrees with the information on the terms of delivery, the cost of the goods and the terms of payment of the cost of delivery of the goods sold under the terms of this Agreement, as well as with information about the goods themselves, namely, their shape, dimensions, appearance, design, color, size, quality, characteristics of the material from which the goods are made and information about its manufacturer. The Buyer is aware of such characteristics of the goods, their significance and agrees to purchase such goods with such characteristics.
3.4. The Seller warrants that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and are not subject to any rights of third parties.
3.5. The Seller confirms that he has all the necessary permits for economic activity provided for by the legislation governing the scope of legal relations arising and operating in the course of the contract, and also guarantees that he has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine and undertakes to bear responsibility in case of violation of the Buyer's rights in the course of the contract and the sale of the goods.
4. PROCEDURE FOR JOINING THE AGREEMENT (ACCEPTANCE)
4.1 By acceptance, the Buyer confirms his full and unconditional agreement with all provisions of this Agreement and the policies, rules and other pages of the Site referred to herein, without any exceptions and limitations, and confirms that he is familiar with the terms of the public Agreement before the moment of acceptance.
4.2. The moment of acceptance by the Buyer of the terms of this public offer to conclude the Agreement for the sale of goods is the sending (placing) by the Buyer to the Seller using the system posted on the site, an order for the relevant goods or ordering goods through the Seller's Instagram page by correspondence with the Administration of the Instagram page.
4.3. The contract of sale of the Goods is considered concluded from the moment the Seller receives the Order with the selected Goods placed by the user or the end of the dialogue through the messenger of the Instagram page (in this case, the chat dialogue through the messenger of the Instagram page must contain all the details inherent in the Order - the name of the Goods, its price and terms of payment and delivery).
4.3. The Buyer's acceptance confirms that the Buyer has received all the necessary, accessible, reliable and timely information about the Goods chosen by him in full and properly in accordance with the requirements of Article 15 of the Law of Ukraine “On Protection of Consumer Rights”, which fully ensured the possibility of conscious and competent choice of this Goods, has read and agreed with the content of this Agreement, the Seller's registration data, the procedure for accepting claims, the characteristics of the goods, the price of the goods, the terms of payment for the goods, the terms of delivery, etc.
4.4. The Buyer's acceptance confirms that the Buyer unconditionally and fully accepts all the terms of this Agreement without exception, and also enters into the relevant contractual legal relationship with the Seller.
5. ORDERING PROCEDURE
5.1. The order is made by the following methods, at the Buyer's choice:
5.1.1. The Buyer independently and at his own discretion selects the available and offered for sale Goods on the Website www.rozvidkanoem.com by clicking the “Add to Cart” button. The Buyer independently fills out and sends to the Seller the “Ordering” form, in which, in particular, he must indicate his surname, name, contact phone number, e-mail address, the chosen payment method, the chosen method and the desired place of delivery of the Goods (in case the Buyer wishes to receive the Goods with delivery).
5.1.2 The Buyer independently and at his own discretion chooses on the Instagram page https://www.instagram. com/rozvidkanoem (rozvidkanoem) the Goods offered for sale and orders them by correspondence, in the messenger of the social network Instagram with the Administration of the Seller's Instagram page, where he indicates the Goods he wants to buy, their quantity and characteristics, must indicate his surname, name, contact phone number, e-mail address, chosen payment method, chosen method and desired place of delivery of the Goods (if the Buyer wants to receive the Goods with delivery).
5.2. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's virtual basket on the Site or indicated in the description of the Goods on the Instagram page.
5.3. The Seller may set a minimum order amount, which is indicated on the Site and/or Instagram page.
5.4. If the Seller needs additional information, he has the right to request it from the Buyer. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods on the Site.
5.5. The Buyer is responsible for the accuracy of the information provided when placing the Order.
5.6. The Seller shall have the right to unilaterally withdraw from this Agreement if the Goods ordered by the Buyer are not available from the Seller at the time of ordering, provided that the Buyer is notified within three business days from the date of ordering. Such actions of the Seller shall not constitute a violation of the terms of this Agreement and shall not entail any liability for the Seller. In this case, the amount of the actual payment for the Goods shall be credited to the Buyer's next Order (at his request) or returned to the Buyer in full.
5.7. By sending (placing) the Order, the Buyer confirms that he has been duly notified by the Seller in a convenient and accessible way in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine “On Protection of Consumer Rights” about:
- the name of the Seller, its location and the procedure for accepting a claim;
- the main characteristics of the product;
- price, including delivery fee, and payment terms;
- warranty obligations and other services related to the maintenance or repair of products;
- other terms of delivery or performance of the contract;
- the procedure for accepting offers;
- the procedure for termination of the contract.
6. TERMS AND PROCEDURE OF SETTLEMENTS BETWEEN THE PARTIES.
6.1. Settlements between the Parties under the terms of this Agreement shall be made in the national currency of Ukraine in a non-cash form, by transferring non-cash funds to the Seller's bank account (subject to the Order number). Also, payment is made through the National Payment Service “UApay”, through which non-cash funds are transferred to the Seller's bank account.
6.2. The price of the Goods is determined by the Seller at its sole discretion and is indicated on the Site and/or the Seller's Instagram page.
6.3. The cost of the Order is determined by adding the price of all selected Goods placed in the virtual basket. The price of delivery may be added to the price of the order, if such payment was chosen by the Buyer. Appropriate discounts (if any) may be applied to the cost of the Order.
6.4. Payment for the Goods shall be made by the Buyer in the amount corresponding to the total cost of the Order specified on the Site or in a message sent by correspondence using the messenger of the Instagram page before the completion of the Order, taking into account the amount of all discounts (if any).
6.5. The cost of the Goods selected by the Buyer is valid at the time of placing the Order and concluding this Agreement.
6.6. Payment for the Goods shall be made by the Buyer on the terms of full 100% (one hundred percent) prepayment.
6.7. The Order is considered paid from the moment the funds are received to the Seller's account. The fact of payment of the Order indicates the Buyer's consent to the terms of this Agreement.
6.8. Failure of the Buyer to fulfill its obligations to pay for the Goods ordered by it in the amount specified in the Order shall be considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, entails the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.
7. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
7.1. Information on the cost and possible methods of delivery of the Goods is an integral part of this Agreement and is contained on the page “Delivery and Payment” on the Website https://rozvidka-noem.com/oplata-i-dostavka. The Buyer independently chooses the delivery method when placing the Order.
7.2. Delivery of the Order to the Buyer is carried out within 3 working days, taking into account the Seller's work schedule, weekends and holidays. The Seller reserves the right to change the time and date of delivery, having previously agreed with the Buyer.
7.3. The Parties have established that the Seller has the right to independently determine the carrier of the goods, which delivers the goods to the Buyer, without the consent of the Buyer.
7.4. Delivery of the Order is carried out by the postal operator - the transport company LLC “Nova Poshta” (hereinafter referred to as the “Carrier Company”). The Buyer fully and unconditionally agrees to the Rules of cargo transportation of the Carrier Company. The terms of such Rules can be found on the websites of the respective Carrier Companies.
7.5. The Seller shall notify the Buyer of the exact date and time of arrival at the place of delivery of the goods by sending him an SMS message with the number of the consignment note.
7.6. The Buyer is obliged to inspect the Goods at the branch of the Carrier Company and certify its compliance with the ordered nomenclature, quantity and completeness of the goods, as well as its integrity.
7.7. The fact of receipt of the Order with the selected Goods and the absence of claims to the quality of the Goods delivered by the Carrier Company shall be confirmed by the Buyer's own signature in the consignment note or the fact of receipt of the goods from the postal operator at the time of receipt of the Order.
7.8. If the goods have not been accepted (exported) by the Buyer within the established period of transfer of the goods, the Seller has the right to dispose of such goods at its sole discretion.
7.9. In case of unreasonable non-acceptance by the Buyer of the goods delivered (sent) by the Seller to the Buyer or in case of return of the goods by the Buyer to the Seller, except for cases of return of low-quality/incomplete/inconsistent assortment of goods, the Seller has the right to receive, among other things, the amount of expenses incurred, which is the cost of delivery of such goods to the Buyer.
7.10. The transfer of ownership occurs at the time of transfer of the Goods, which is documented by a consignment note / express waybill, confirmed by the signatures of the authorized representatives of the Parties.
7.11. This Agreement is considered to be fulfilled at the time of delivery (transfer) of the Goods to the Buyer.
7.12. In case the ordered Goods do not comply with the Order or contain damage, the Buyer has the right, at its sole discretion
7.12.1. withdraw from this Agreement;
7.12.2. demand the exchange (replacement) of the Goods for a similar Goods of good quality from among the Goods available and posted on the Website www.rozvidka-noem.com.
8. EXCHANGE AND RETURN OF GOODS
8.1. Returns and exchanges of goods are carried out in accordance with the current legislation of Ukraine, that is, within 14 days from the date of receipt of the Order by the Buyer.
8.2. The parties agreed that a prerequisite for the return of the Goods is:
8.2.1. the presence of the original and undamaged packaging of the Goods, the full completeness of the Goods.
8.2.2. the presence of the original invoices of the Seller for the returned goods.
8.2.3. the goods must meet the following requirements: it has not been used, its presentation and consumer properties have been preserved.
8.3. The Buyer shall return the Goods to the Seller at his own expense and on his own.
8.4. The parties agreed that the Goods shall not be accepted for return if the warranty period has expired at the time of return.
8.5. If the Buyer returns the Goods of good quality, the Seller shall refund the amount paid for the Goods upon return of the Goods, less compensation for the Seller's expenses related to the delivery of the Goods to the Buyer.
8.6. If during the inspection of the goods returned from the Buyer there are signs of use, damage, lack of seals and labels that make it impossible to resell the goods, the Seller will draw up an “Act of Inspection of the Goods”, describe the defects / damage and send the goods back to the Buyer together with the goods.
8.7. The Buyer has no right to refuse goods of good quality with individually defined properties, if the specified goods can be used exclusively by the specific Buyer who purchased it (including non-standard sizes, at the request of the Buyer, etc.) Confirmation of the fact that the goods have individually defined properties is the difference in the size of the goods and other characteristics indicated on the Site.
8.8. The refund of the amount specified in clause 8.5. of this Agreement shall be made within 7 (seven) working days after the store receives the return of the goods.
8.9. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).
8.10. If at the time of the Buyer's request to the Seller to exchange the Goods of good quality for another similar Goods, the Seller does not have the Goods necessary for the exchange, the Buyer has the right
8.10.1. exchange the purchased Goods for any other Goods from among the Goods available for sale and posted on the Website www.rozvidkanoem.com with the corresponding transfer of the value of the Goods in accordance with the current legislation of Ukraine.
8.10.2. to exchange the received Goods for another similar Goods upon its first receipt by the Seller. In this case, the Seller undertakes to notify the Buyer within 3 (three) calendar days from the date of receipt of such Goods for sale;
8.10.3. terminate this Agreement.
8.11. Sending the Goods for exchange shall be carried out by the Buyer at his own expense and on his own.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The Buyer has the right to:
9.1.1. Require the Seller to fully and properly fulfill the terms of this Agreement;
9.1.2. Require the Seller to transfer the goods in accordance with the Order and the terms of this Agreement;
9.1.3. To make claims to the quality of the Goods in accordance with the Law of Ukraine “On Protection of Consumer Rights”.
9.1.4. To withdraw from this Agreement or terminate this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
9.1.5. To exercise other rights stipulated by this Agreement and the norms of the current legislation of Ukraine.
9.2. The Buyer is obliged to:
9.2.1. Properly and fully fulfill all its obligations under this Agreement;
9.2.2. Timely pay and receive the order on the terms of this Agreement.
9.2.3. Before entering into this Agreement, carefully read its content and terms, as well as familiarize yourself with the cost of the Goods, methods and procedure of payment and delivery;
9.2.4. Accept or ensure acceptance of the Goods from the Seller or the Carrier Company in accordance with the terms of this Agreement.
9.2.5. To comply with the terms of this Agreement and fulfill the obligations expressly provided for by the terms of this Agreement or arising from the terms of this Agreement or provided for by the norms of the current legislation of Ukraine.
9.3. The Seller has the right to:
9.3.1. Require the Buyer to fulfill the obligations expressly provided for by the terms of this Agreement or arising from the terms of this Agreement, properly and within the established time limits;
9.3.2. Refuse to sell to the Buyer the goods that the Seller does not have in stock.
9.3.3. At any time, at the Seller's discretion, review and change the price of the Goods offered for sale on the Website;
9.3.4. Hold sales and offer promotional offers that provide a temporary opportunity to purchase the Goods on more favorable terms than usual.
9.3.5. To change the terms of this Agreement unilaterally before its conclusion. All changes shall take effect immediately upon their publication on the website.
9.3.6. Unilaterally terminate the performance of this Agreement (terminate the Agreement) in case of violation by the Buyer of the terms of this Agreement.
9.3.7. Exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
9.4. The Seller is obliged to:
9.4.1. properly and fully fulfill all its obligations under this Agreement;
9.4.2. Within the terms, in the manner and under the conditions established by this Agreement, ensure the delivery of the Goods ordered by the Buyer to the place and in the manner specified in the Order for such Goods;
9.4.3. To fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
10. TERM OF VALIDITY AND CONDITIONS FOR TERMINATION OF THE AGREEMENT
10.1. The Agreement shall enter into force upon acceptance of the Offer (acceptance of the terms of the Agreement) and shall remain in force until the Parties fulfill their obligations or until the Agreement is terminated.
10.2. This Agreement is considered to be fulfilled upon delivery (transfer) of the Goods to the Buyer.
10.3. The Seller shall have the right to unilaterally terminate this Agreement in case of failure of the Buyer to fulfill its obligations under this Agreement.
10.4. Prior to the expiration or fulfillment of this Agreement, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods.
10.5. Termination of the Agreement by the Buyer or withdrawal of the acceptance of the Offer shall not impose on the Seller the obligation to return the funds actually spent on the fulfillment of the relevant order of the Buyer.
11. RESPONSIBILITY
11.1. In case of non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Agreement.
11.2. The Seller is not responsible for delays in the delivery of the Goods that occur for reasons beyond the Seller's control, including the time of transportation of the Order by the Carrier Company.
11.3. The Seller shall not be liable for damage caused to the Buyer as a result of improper use of the Goods pre-ordered on the Website www.rozvidkanoem.com and purchased from the Seller.
11.4. The Seller is not responsible for a slight discrepancy in the color scheme of the goods, which may differ from the original goods solely due to differences in color reproduction by personal computer monitors of individual models.
11.5. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false or erroneous information.
11.6. The Buyer shall be solely responsible for the timely payment and all fees, for the cost of delivery of the Goods and any fees associated with the delivery of the Goods.
11.7. The Buyer, using the Internet access provided to him, is solely responsible for the damage caused by his actions (personally, even if his login was used by another person) to persons or their property, legal entities, the state or moral principles or morality of a person.
11.8. The Seller shall be released from liability for full or partial failure to fulfill its obligations under this Agreement if such failure was the result of force majeure.
11.9. The Seller shall be released from liability for incomplete or improper fulfillment of the Order under the Agreement in cases of failure of the Buyer to fulfill any of the terms of the Agreement.
11.10. The Seller is not responsible for the lack of technical ability to fulfill the Order due to interruptions in the operation of computer networks.
11.11. Responsibility for money transfers made by the Buyer lies entirely with the banks and payment systems whose services the Buyer uses.
12. DISPUTE RESOLUTION
12.1. The Parties to this Agreement have agreed that any disputes that may arise between the Parties during the term of this Agreement may be resolved by one Party to this Agreement to the other Party to this Agreement by submitting a relevant claim in writing or in any other manner provided for by the terms of this Agreement.
12.2. Claims shall be considered within 14 (fourteen) calendar days from the date of receipt of such claim by the party to whom such claim was sent, unless otherwise provided by the terms of this Agreement.
12.3. The Parties shall make every effort to resolve any disputes exclusively through negotiations. If the Parties fail to reach an agreement on the dispute, such disputes and disagreements shall be resolved in accordance with the current legislation of Ukraine.
13. FORCE MAJEURE CIRCUMSTANCES
13.1. The Parties shall be released from liability for untimely or improper fulfillment of obligations under the concluded Purchase and Sale Agreement if the failure is the result of extraordinary circumstances (force majeure), the occurrence of which is not related to the will of the Parties, such as military actions strikes, 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 not have foreseen or prevented by reasonable actions.
13.1. The Parties shall be released from liability for untimely or improper fulfillment of obligations under the concluded Sale and Purchase Agreement if the failure is the result of extraordinary circumstances (force majeure), the occurrence of which is not related to the will of the Parties, such as military actions strikes, 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 not have foreseen or prevented by reasonable actions.
13.2. The Buyer, for whom it has become impossible to fulfill obligations due to the occurrence of force majeure, must immediately inform the Seller in writing of the occurrence of the above circumstances, as well as provide the Seller with confirmation of force majeure within 30 (thirty) calendar days.
13.3. Force majeure in this agreement means extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated by the terms of the agreement (contract, agreement, etc.), obligations under legislative and other regulations, namely threat of war, armed conflict or a serious threat of such conflict, including, but not limited to, hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military operations, declared and undeclared war, actions of a public enemy, riots, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, insurrection, mass riots, curfew, quarantine, established by the Cabinet of Ministers of Ukraine, expropriation, compulsory seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc., as well as caused by exceptional weather conditions and natural disasters, namely epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.
13.4. During the period of force majeure, the Parties shall have no mutual claims and each Party shall bear the risk of the consequences of force majeure.
13.5. Confirmation of notification of the impossibility of fulfilling obligations due to the occurrence of force majeure on the part of the Seller is the posting of a corresponding message on the Site, as well as posts on the Instagram page.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All rights to the content posted on the pages of the Site and the Seller's pages on social networks, including the Instagram page, as well as to all other materials belong to the Seller or its partners who have given the Seller consent to post such materials.
14.2. Intellectual property rights to the materials used on the Site and the Instagram page, including, but not limited to, images, videos, logos, graphics, sounds, belong to the Seller.
14.3. The specified content can be used in the following ways: by familiarizing yourself with it (by viewing, reading, listening, other familiarization depending on the type of Content, as well as by reproducing it for personal use only).
14.4. The Seller prohibits the use of content from the Website and Instagram page without its consent for posting on other pages on social networks or websites on the Internet.
14.6. All content materials (photos, videos, images, drawings, etc.) provided by the Seller to the Buyer in the process of interaction are the result of the Seller's intellectual activity.
15. PROTECTION OF PERSONAL DATA
15.1. The information provided by the Buyer is confidential. The Seller guarantees that the Buyer's information is used solely for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.)
15.2. The personal data specified by the Buyer is processed in the process of processing orders, which include, but are not limited to: last name, first name, contact phone number, city, name of the account in social networks (in case of ordering through the Instagram page), as well as e-mail address.
15.3. The processing of the Buyer's personal data is carried out in accordance with the legislation of Ukraine. The Buyer gives the Seller the right to process his personal data in connection with the execution of this Agreement, including for the purpose of receiving advertising messages about the goods sold by the online store. Therefore, the processing of the Buyer's personal data is carried out in connection with the execution of the contract concluded on the terms of this Offer, the Buyer's written consent to the processing of his personal data is not required. The term of use of the provided personal data is indefinite. The Buyer warrants and is responsible for the fact that the data specified in the Order is voluntarily provided by him and/or third parties when placing the order and all such persons are familiarized and agree with this Agreement.
15.4. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order. The Buyer is responsible for the accuracy of the information provided when placing the Order.
16. FINAL PROVISIONS
16.1. The Agreement is binding on the Parties to this Agreement.
16.2. All issues not regulated by the Agreement shall be governed by the current legislation of Ukraine.
16.3. The invalidity of any clause or part of this Agreement shall not invalidate the Agreement as a whole.
16.4. The Buyer agrees to receive promotional materials about promotions, sales, marketing programs, etc. by e-mail, mobile communication, including the contact information provided by the Buyer when placing the Order. In case of unwillingness to receive such information, the Buyer may write a letter of refusal to receive information to the Seller's e-mail address.
16.5. The Parties warrant that at the time of the conclusion of this Agreement they are authorized and have the right to enter into this Agreement.
16.6. The Seller reserves the right to unilaterally amend this Agreement without any special notice to third parties. The new version of the Agreement shall come into force from the moment it is posted on the Seller's website www.rozvidkanoem.com, unless otherwise provided by the new version of the Agreement.
16.7. Visiting the Website or sending e-mails to the Seller is an electronic communication between the Seller and the Buyer. The Buyer agrees to receive e-mails, messages, etc. The Buyer is notified that by agreeing to the terms of this Agreement, this Agreement and all additional agreements to it, notifications and other information provided by the Seller to the Buyer electronically, by e-mail and on the website, are legally equivalent to agreements, documents concluded in writing and have the same legal force for the parties as documents drawn up on paper and signed by the parties themselves.
16.8. Official contacts of the Seller:
16.8.1. E-mail address - [email protected]
16.9. The Buyer is familiarized with and agrees to the terms of this Agreement.