PUBLIC OFFER AGREEMENT
General Provisions.
This User Agreement (hereinafter - the Agreement) applies to the website of Medvejatnik online store, located at medvejatnik.com.ua.
Website of online store medvejatnik.com.ua (hereinafter referred to as - the Site or Online Shop) is a property of Medvejatnik.
This Agreement regulates the relationship between the Administration of the medvejatnik.com.ua online store (hereinafter - the Administration of the site) and the User of the Site.
The Site Administration reserves the right to change, add or delete paragraphs of this Agreement at any time without notice to the User.
Continued use of the Site by the User means acceptance of the Agreement and the changes made to this Agreement.
User is personally responsible for checking this Agreement for changes in it.
Definitions of Terms. The terms listed below have the following meaning for the purposes of this Agreement:
Medvejatnik - Internet store located on the domain name medvejatnik.com.ua, carrying out its activities by means of the Internet resource and related services.
Online store is a Site, which contains information about Goods, Seller, allowing to carry out selection, order and (or) purchasing of Goods.
Product - a product, service, subscription, subscription service, presented on the Internet store, which can be purchased on a paid or free-of-charge basis.
Site Administration of the Online Store - authorized employees to manage the site, acting on behalf of the FOP.
User of the site of Internet-shop (hereinafter - "User") - the person who has access to the Site, via the Internet and using the Site.
The content of the Online Shop Site (the "Content") - the protected results of intellectual activity.
Subject of the Agreement.
The subject of this Agreement is to enable the User to purchase, for non-commercial needs, the Goods presented in the catalog of the Internet-shop. This Agreement is concluded between the Buyer and the online store at the time of ordering. The Buyer confirms his agreement with the terms of the Agreement, by ticking the box "I agree with the rules of the store" when placing an order or when making payment of the invoice.
The online store provides to the User the following types of services:
access to the search and navigation tools of the online store;
access to information about Goods and to information on the purchase of Goods on a paid basis;
Other types of services rendered on the pages of the online store.
Subject to this Agreement are all the existing (actually functioning) at the moment the services of an online store, as well as any of their subsequent modifications and additional services of an online store that appear in the future.
This Agreement and information about the product is a public offer (according to Art. 633 of the Civil Code of Ukraine). By accessing the Site, the User is deemed to have joined the Agreement.
Use of materials and services of the Site is regulated by the norms of the current legislation of Ukraine.
The relations between the online store and the Buyer are regulated by Articles 10, 11 of the Law of Ukraine from 03.09.2015 N 675-VIII "On electronic commerce", as well as the Law of Ukraine "On Protection of Consumer Rights" from 12.05.1991 № 1023-XII and other legal acts adopted in accordance with them.
Purchase of goods.
The goods are presented on the Site by means of images corresponding to the services.
Each image is accompanied by a description of the service and its price. The description of the service is not exhaustive and may contain errors or inaccuracies.
When purchasing a service in the form of a software product, the Buyer is granted a non-exclusive right to use the software product.
When acquiring the service in the form of annual support, the date of the beginning of the service is the date of receipt of payment.
At the Buyer's request, the manager of the Internet store shall provide (by phone or by e-mail) other information necessary and sufficient, from the Buyer's point of view, to make his decision to purchase the service.
The price of the product specified on the Site can be changed by the Internet store unilaterally.
In case the price of the service ordered by the Buyer changes, the manager of the Online Shop shall inform the Buyer about it as soon as possible (by phone or by e-mail) in order to receive the confirmation or cancellation of the order. If it is impossible to contact the Buyer, the order is considered to be cancelled.
The purchase of the Service offered on the Site may require the creation of the User's account.
The User is personally responsible for maintaining the confidentiality of the account information, including the password, as well as for all activities that are conducted on behalf of the User of the account without exception.
The User must immediately notify the Site Administration of any unauthorized use of their account or password or any other breach of security.
The order can be placed by the Buyer in the following ways: by e-mail medvejatnik.com.ua@gmail.com or placed independently on the Site.
After the order is placed, the Buyer's e-mail shall be sent a letter confirming the acceptance of the order, indicating the names of the selected goods and the total amount of the order, which is an integral part of this Agreement. Further the manager of the Internet-shop contacts the Buyer (by phone or by e-mail) to receive the order confirmation.
The Buyer has a right to refuse the ordered goods at any time before they are sent to the Buyer, having informed the online store about it in advance (by phone or by e-mail).
Delivery of services.
Methods and approximate delivery times are listed on the Site in the section "Delivery".
The Site has the right to limit the territory of the "International delivery" service at its discretion.
The Site may limit the Services that are available for International delivery at its discretion.
The International Shipping price is negotiated between the Site and Buyer prior to the time of purchase via email. Once the shipping price is agreed upon, the price is added to the order amount.
Payment for orders with International shipping is made through the Site.
Payment for goods.
Methods of payment are listed on the site under "Payment".
The goods are paid only in UAH.
In case the price of the Product ordered by the Buyer is incorrect, the Seller informs the Buyer about it in order to confirm the Order with the corrected price or to cancel the Order.
If it is impossible to contact with the Buyer, the Order is considered to be cancelled. If the Order has been paid for, the Seller shall return the amount paid for the Order to the Buyer in the same way it was paid for.
Price of Goods on the Website can be changed by the Seller unilaterally. In this case the price of the Goods ordered by the Buyer shall not be subject to change.
The fact of acceptance of goods by Buyer is the payment for goods (payment of the total sum of the order and the sum of expenses for delivery of goods to Buyer).
Return of goods and money funds.
The conditions of returning the Goods are specified on the website in the section "Returns".
The Buyer has the right to refuse the service within 30 (thirty) days from the date of its receipt. During this period the Buyer is obliged to notify the manager of the store by writing a letter to e-mail - medvejatnik.com.ua@gmail.com about the desire to refuse the service.
In case of the Buyer's refusal of goods, the online store returns the amount of money paid for the service no later than ten days from the date of the Buyer's presentation of the relevant request.
The refund shall be made in the same manner in which the product was paid for.
This contract is considered to be concluded from the moment when the seller gives the buyer a cash or sales receipt, or any other document confirming payment for goods, or when the seller receives a message about the intention to purchase goods.
Rights and obligations of the parties.
Site Administration has the right:
Change the rules of use of the Site, as well as change the content of this Site. Changes come into force from the date of publication of the new edition of the Agreement on the Site.
Limit access to the Site if the User violates the terms of this Agreement.
Expand and reduce the product offer on the Site, regulate access to the purchase of any goods, as well as suspend or terminate the sale of any goods at its sole discretion.
The Site may conduct special promotions.
In accordance with the Law on Protection of Personal Data, by placing an order, you give your consent to the online store to process your personal data for the purpose of sending information and promoting products on the market, without limitation of time. This consent may be withdrawn by a written notice. In this case your personal data will be destroyed and the processing will be terminated within 7 working days from the date of receipt of the notice by us.
Personal data of Users/Buyers are processed in accordance with the Law on Personal Data Protection No. 2297-VI of 01.06.20.
The Seller undertakes to maintain confidentiality with respect to the personal data of the Buyer, as well as other information about the Buyer, which has become known to the Seller in connection with the performance of this Agreement, except in cases where such information: is publicly available; disclosed at the request or with the permission of the Buyer; requires disclosure on grounds prescribed by law or upon receipt of appropriate requests of court or authorized state bodies; disclosed on other grounds provided for by the agreement of the Party
Seller has the right to unilaterally make changes to the Agreement by publishing the changes on the website at medvejatnik.com.ua, unless otherwise provided by the new version of the Agreement.
The Agreement is a legally binding contract between the Buyer and the Seller, it contains the rules of shopping on the Medvejatnik online store.
The User of the Site undertakes:
Provide at the request of the Administration of the site additional information that is directly related to the services provided by the Site.
Not to take actions that may be considered as disruptive to the normal operation of the Site.
User is forbidden:
Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or monitor the content of the Site of this Online Store;
Disrupt the proper functioning of the Site;
Unauthorized access to the features of the Site and any services offered on the Site;
Violate the security or authentication system on the Site.
Use the Site and its Content for any purposes prohibited by the law of Ukraine, as well as incite any illegal activities or other activities that violate the rights of the online store or other persons.
The use of the Site of online store.
The Site and the Content included on the Site are owned and operated by the Administration of the Site.
The Content of the Site is protected by copyright, trademark law, as well as other rights related to intellectual property, and legislation on unfair competition.
This Agreement extends its effect to all additional terms and conditions on purchase of Goods and rendering of services provided on the Site.
The information placed on the Website shall not be interpreted as an amendment of this Agreement.
The Site Administration has the right to change the list of Goods and services offered on the Site, and (or) the prices applicable to such Goods and (or) the services provided by the Online Shop, at any time without notice to the User.
Liability.
Any losses that may be incurred by the User in case of intentional or careless violation of any provisions of this Agreement, as well as due to unauthorized access to communications of other Users, the Site Administration is not compensated.
The Site Administration is not responsible for:
Delays or failures in the process of carrying out operations, resulting from force majeure, as well as any case of failure in telecommunications, computer, electrical and other related systems.
The actions of transfer systems, banks, payment systems and delays related to their work.
Actions of Shopify that have caused changes in the operation of the purchased products
The proper functioning of the Site, if the user does not have the necessary technical means to use it, and has no obligation to provide users with such means.
For damage caused to the Buyer due to the improper use of the Goods purchased in the online store.
Violation of the terms of the agreement of the public offer.
The Site Administration has the right to disclose any information collected about the User of this site, if the disclosure is necessary in connection with an investigation or a complaint about misuse of the Site, or to identify the User, who may violate or interfere with the rights of the Administration or other users of the Site.
The Site Administration has the right to disclose any information about the User, which it considers necessary to comply with the provisions of applicable law or court decisions, to ensure compliance with this Agreement, to protect the rights or the safety of FOP and Users.
The Administration has the right to disclose information about the User if the current legislation of Ukraine requires or permits such disclosure.
The Site Administration has the right to terminate and/or block access to the Site without prior notice to the User, if the User has violated this Agreement or the terms of use contained in other documents, as well as in the event of termination of the Site, or due to a technical failure or problem.
The Site Administration shall not be liable to the User or any third party for termination of access to the Site if the User has violated any provision of this Agreement or any other document containing the terms of use of the Site.
Dispute Resolution.
In case of any disagreements or disputes between the Parties to this Agreement, the obligatory condition before addressing to court is submission of the claim (written offer on voluntary dispute resolution).
The recipient of the claim within 30 calendar days from the date of its receipt, shall notify the claimant in writing of the results of consideration of the claim.
If it is impossible to resolve the dispute voluntarily, either Party may apply to court to protect its rights provided by the current legislation of Ukraine.
Additional conditions.
The Administration of the site does not accept counter-offers from the User concerning changes of the present User Agreement.