PUBLIC OFFER AGREEMENT
The website https://etnodim.ua (hereinafter – "Site") is managed by the limited liability company "ETNODIM", which is registered and operates in accordance with the requirements of the legislation of Ukraine (hereinafter – "Seller").
This Public Offer Agreement (hereinafter – &ldash; "Offer", "Agreement") is an official open offer of the Seller to conclude a Contract for the sale of goods remotely, by accepting this Offer on the Site.
DEFINITION OF TERMS
- This clause determines the interpretation of the following terms and definitions used in the Agreement.
- "Order" – duly executed request of the Buyer for the purchase of the Goods addressed to the Seller.
- "User" – any natural person who has access to the Site using the Internet.
- "Buyer" – the person who places the Order and intends to purchase/buy the Goods offered for sale by the Seller and presented on the Site.
- "Offer" – information about the Product, posted by the Seller on the Site, this Offer and previously agreed with the Buyer, including information about the Product, its price, methods of payment and delivery, as well as other conditions for purchasing the Product.
- "Site" – the web page located under the domain name: https://etnodim.com.ua and managed by the Seller, including the totality of all information, texts, graphic elements, design elements, images, photos and video materials posted on the Site and other results of intellectual activities, as well as information and technical means of the Site.
- "Delivery Service" – a third party that provides services for transportation of goods, courier and/or postal delivery of goods.
- "Product" – material object offered for sale by the Seller and placed on the Site, in respect of which the current Offer is indicated.
- "Financial agent" – a company that provides an Internet payment service that can be integrated into the functionality of the Site for payment by the Buyer of the last purchased Product.
- Terms and definitions not specified in Clause 1.1 of the Agreement are interpreted in the meaning established by the current legislation of Ukraine, and in the absence of such – in their usual sense.
OBJECT OF THE OFFER
- The subject of the Offer is the Seller's obligation to hand over the Goods to the Buyer and the Buyer's obligation to accept the relevant Goods and pay a certain amount of money for them under the conditions stipulated in the Offer.
TERMS OF ACCEPTANCE OF THE OFFER
- This Agreement is public, in accordance with Art. Art. 633, 641 of the Civil Code of Ukraine (hereinafter – "CC of Ukraine").
- The user who accepted the Offer acquires all the rights and obligations of the Buyer in accordance with Art. 638 of the Civil Code of Ukraine. The acceptance of the Offer is the placing of the Order on the Site by following the link in the "Place an order" field. or another field of similar content. From the moment of formation of the Order number, the Agreement between the Buyer and the Seller is considered concluded.
- Acceptance of the Offer means that the Buyer is fully familiar with the terms of the Agreement and the rules of the payment system – The financial agent, the specificity of the functioning of the Site, recognizes the unconditional suitability of the Site for carrying out actions and achieving the goals that are the subject of the Agreement.
- To place an Order on the Site, the Buyer selects the Goods presented in the relevant Offers on the Site, which the Buyer intends to purchase further. Products are selected by following the link in the "Buy" field. for each individual unit of the Product.
- Order processing for the selected Product is carried out by following the link in the "Go to checkout" field. and providing information in the relevant fields, namely: first and last name of the Buyer, telephone number and e-mail address of the latter, choosing the method of delivery of the Goods. If desired, the Buyer can add relevant comments when placing the Order and order a call from the Seller's manager.
- The order is considered to have been completed properly from the moment the Buyer clicks on the link in the "Make an order" field. or other, similar in content, field and obtaining the Order number.
- The Buyer is responsible for the correctness and reliability of the information provided to the Seller for placing the Order. In case of inaccuracy of the information provided by the Buyer, the latter shall reimburse all expenses caused by providing such information.
- Based on the results of the Buyer's performance of the actions provided for in Clause 4.3 of the Offer, the Seller provides the Order number and confirms the Order by making a call to the Customer's phone number. In case of abandonment by the Customer marks "no" in the field "Do you need a manager's call?", the Seller has the right not to confirm the order.
COST AND PAYMENT TERMS OF THE GOODS
- The cost of the Goods is determined by the Offer at the time of placing the Order and does not include costs associated with the delivery of the Goods to the Buyer.
- All expenses related to the delivery of the Goods to the Buyer, in particular, but not exclusively, with the help of the Delivery Service, are borne by the Buyer.
- The buyer pays the price of the Goods in the national currency of Ukraine – hryvnias.
- According to the conditions specified in the Offer, the Buyer pays for the Goods in the following ways:
- with the help of the Financial Agent's electronic payment system provided by the functionality of the Site. The rules defined by such Financial Agent apply to the payment procedure using the Financial Agent's electronic payment system; or
- to the Seller's current account, provided to the Buyer during the order placement in accordance with the procedure provided for in section 4 of the Offer, while the Buyer is obliged to indicate in the column "Purpose of payment" information about the number of the relevant Order. If the Buyer does not specify the specified information/incorrectly specifies such information, the Seller is not responsible for a possible violation of the terms of the Offer and additional costs caused by such actions of the Buyer; or
- with the help of the Delivery Service, using the postpaid system for the received Goods, if the corresponding service is provided for in the terms of service of the Delivery Service chosen by the Buyer; or
- direct payment of the Goods in the store (trading point) of the Seller at the address provided on the Site.
- The Seller reserves the right to withhold the Goods until payment by the Buyer, under the conditions stipulated in the Offer.
DELIVERY OF GOODS
- According to the conditions specified in the Offer, the Buyer has the right to choose one of the methods of obtaining the Goods presented in the Offer.
- In the event that the method of receipt chosen by the Buyer involves the delivery of the Goods by the Delivery Service, the Seller undertakes to hand over the Goods to the relevant Delivery Service within 3 (three) working days from the moment of placing the Order in accordance with clause 4.3 of the Offer. In case of circumstances that complicate the transfer of the Goods, the Seller has the right to transfer the Goods within 7 (seven) working days.
- The delivery of goods is carried out under the conditions defined by the rules of transportation of the Delivery Service. The Seller is not responsible for the inability to deliver the Goods in the manner chosen by the Buyer, due to circumstances caused by the actions of the Delivery Service.
- The moment of fulfillment by the Seller of the obligation to hand over the Goods to the Buyer is the moment of handing over the Goods to the relevant delivery service for dispatch.
- The Seller is not responsible for the actions of the Delivery Service related to the delivery of the Goods to the Buyer.
- Upon receipt of the Goods, the Buyer undertakes to check the Goods for damage and, in case of defects, to present claims to the Delivery Service on the spot and draw up a defective certificate or other document that will confirm the inadequate quality of the Goods.
- Buyer's claims regarding visible defects of the Product, its completeness and quality are not accepted after receipt/acceptance of the Product by the Buyer.
RETURN OF GOODS
- In the event that the Goods that were available do not meet the expectations of the Buyer, the latter has the right to return the purchased Goods of appropriate quality within 30 (thirty) calendar days from the day of receipt, subject to compliance with the conditions stipulated by the Law of Ukraine "On Protection consumer rights.
- The Buyer can return the Goods in one of the following ways:
- handover of the Goods to the Seller in the latter's store (trade point); or
- handover of the Goods according to the details of the Seller using the Delivery Service at the expense of the Buyer.
- The refund of funds for returned Goods that were available is carried out within 14 (fourteen) working days from the moment of receipt of such Goods by the Seller, to the Buyer's current account from which the purchase of the Goods was paid for or according to other details provided by the Buyer, in writing by the latter's statement.
- The parties are released from responsibility for partial or complete non-fulfillment or improper fulfillment of obligations under the Agreement, if they are the result of force majeure (fire, flood, earthquake, natural disaster, military operations and other force majeure circumstances) (hereinafter – « ;Force majeure»), and if these circumstances directly affected the performance of the Agreement, then performance is extended for the period during which these circumstances were in effect.
- If the force majeure circumstances will continue for more than 3 (three) months, then each of the Parties will have the right to refuse further performance of obligations under the Agreement, and in this case, the Agreement is considered terminated if the Parties reach an agreement on the legal consequences.
- The Party that cannot fulfill its obligations under the Agreement must notify the other Party of the occurrence of force majeure in writing, no later than 5 (five) working days. The presence of force majeure circumstances must be confirmed by a relevant document of the Chamber of Commerce and Industry of Ukraine or another authorized body of Ukraine.
- Non-notification or untimely notification of the occurrence or termination of force majeure circumstances deprives the Party of the right to refer to such circumstances as a basis for exemption from liability for breach of obligations under the Agreement.
PRIVACY AND PERSONAL DATA
- Personal data provided by the Buyer is confidential information. The Seller uses this information for the purpose of fulfilling the Buyer's Order, unless otherwise specified in the agreement between them.
- By providing personal data for the purpose of purchasing the Product, the Buyer consents to the Seller collecting and processing his personal data in accordance with the Privacy and Personal Data Protection Policy posted on the Site.
- All disputes and disagreements related to the fulfillment of the terms of the Offer are resolved by the Parties through negotiations.
- If, as a result of the negotiations, the Parties were unable to reach a mutual agreement, as well as if one of the Parties evades negotiations, the relevant dispute shall be referred to the court in accordance with the procedure established by the current legislation of Ukraine.
TERM OF VALIDITY AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
- The Agreement enters into force from the moment the Buyer takes the actions provided for in Clause 4.3 of the Offer and is valid until the Seller fulfills the Order according to the relevant Offer chosen by the Buyer.
- The Agreement may be terminated before the expiration of its validity period with the consent of the Parties, in the cases provided for by this Agreement, as well as in other cases provided for by the current legislation of Ukraine.
- Inquiries, complaints and other messages are received by the Seller at the e-mail address: [email protected].
- The current version of the Offer is posted on the Seller's Website.
"ETNODIM" LIMITED LIABILITY COMPANY;
EDRPOU code: 44724044
Location: 04070, Kyiv, str. Pochaynynska, bldg. 28-B