Public offer of the online store 'Sunny'
1. TERMS AND DEFINITIONS
1.1. IN THIS OFFER, IF THE CONTEXT REQUIRES ANOTHER, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS AND ARE AN INTEGRAL PART OF IT:
SELLER – The Seller is the individual entrepreneur Kasatkina O.V. ITN - 3597711906, a legal entity established and operating in accordance with the current legislation of Ukraine, whose location is: 65000, UKRAINE, ODESA REGION, ODESA DISTRICT, ODESA CITY, KYIV DISTRICT, 50, AKADEMIKA KOROLEVA STR
BUYER – ANY OFFICIAL INDIVIDUAL, ACCEPTING A PUBLIC OFFER ON THE CONDITIONS OF THIS OFFER, PLACING ORDERS AND PURCHASING GOODS AT O.V Kasatkina INDIVIDUAL ENTREPRENEUR WHICH ARE
PRESENTED ON www.thesunnyclothes.com WEBSITE, FOR ITS PERSONAL, HOUSEHOLD, AND OTHER NEEDS NOT RELATED TO THE IMPLEMENTATION OF BUSINESS.
ONLINE STORE – OFFICIAL ONLINE STORE OF THE SELLER O.V Kasatkina INDIVIDUAL ENTREPRENEUR, LOCATED AT THE INTERNET ADDRESS www.thesunnyclothes.com WITHIN THE FRAMEWORK OF THIS CONTRACT, THE DEFINITIONS OF ONLINE STORE AND STORE, AS WELL AS THE INTERNET ADDRESS www.thesunnyclothes.com AND DERIVATIVES FROM www.thesunnyclothes.com ARE OF EQUAL VALUE AND ARE INTERPRETED AUTHENTICALLY, UNDER THE OFFER CONTEXT.
GOODS – OBJECT (CLOTHING, ACCESSORIES OR OTHER MATERIAL VALUES) PRESENTED FOR SALE ON THE SITE.
ORDER – FORMAL AND PLACED CUSTOMER'S ORDER (FILLING THE RELATED FIELDS ON THE SITE IN THE SECTIONS "BASKET", "ORDERING"), DIRECTED TO THE SELLER FOR SALE AND DELIVERY OF THE CHOSEN ON THE SITE GOODS TO THE SPECIFIED BY THE CUSTOMER ADDRESS.
2. GENERAL PROVISIONS
2.1. THIS PUBLIC OFFER (FURTHER – "CONTRACT") IS THE OFFICIAL OFFER OF O.V Kasatkina INDIVIDUAL ENTREPRENEUR TOWARDS ANY INDIVIDUAL, HAVING LEGAL CAPACITY AND REQUIRED AUTHORITY TO
CONCLUDE WITH O.V Kasatkina INDIVIDUAL ENTREPRENEUR SALE CONTRACT ON THE TERMS DEFINED IN THIS OFFER AND CONTAINS ALL SIGNIFICANT TERMS AND CONDITIONS OF THE CONTRACT.
2.2. RELATIONS IN THE FIELD OF PROTECTION OF CONSUMER RIGHTS ARE REGULATED BY THE LAW OF UKRAINE "ON THE PROTECTION OF CONSUMER RIGHTS", THE RESOLUTION OF THE LAW "ABOUT ELECTRONIC COMMERCE" AND ACCEPTED IN ACCORDANCE WITH IT ANOTHER LAWS AND LEGAL ACTS OF UKRAINE.
2.3. THE SELLER HAS THE RIGHT, WITHOUT PRIOR NOTICE, TO CHANGE THESE TERMS. CHANGES TO THE TERMS ARE EFFECTIVE AFTER THEIR PUBLICATIONS ON THE SITE AND APPLY TO ANY ORDER MADE AFTER THE PUBLICATION.
2.4. ORDERING ON THE WEBSITE, ORDERING BY PHONE, AND ALSO SUBSCRIBING AND REGISTRATION MEANS THE CUSTOMER IS AWARE OF THESE TERMS, UNDERSTANDS THEM, GIVES MANDATORY CONSENT AND ACCEPTANCE.
2.5. ALL TEXT INFORMATION AND GRAPHIC IMAGES OF GOODS POSTED ON THE SITE ARE THE PROPERTY OF THE SELLER OR ITS CONTRACTORS. VIEWING INFORMATION OR LISTING OF PAGES OF THE SITE IS PERMITTED ONLY FOR PERSONAL USE.
3. SUBJECT OF THE CONTRACT AND PRICE OF GOODS
3.1. THE SELLER TRANSFERS, AND THE BUYER COLLECTS AND PAYS THE GOODS UNDER THE TERMS SPECIFIED IN THIS CONTRACT. OWNERSHIP TO ORDERED GOODS WILL BE TRANSFERRED TO THE BUYER FROM THE TIME OF ACTUAL TRANSFER OF THE GOODS TO THE BUYER AND PAYMENT BY THE LAST OF THE FULL COST OF THE GOODS. THE RISK OF ITS ACCIDENTAL DESTRUCTION OR DAMAGE TO THE GOODS WILL GO TO THE BUYER FROM THE TIME OF THE ACTUAL TRANSFER OF THE GOODS TO THE BUYER.
3.2. PRICES OF THE GOODS ARE DETERMINED BY THE SELLER IN A SOLE INDISPUTABLE DISCRETION AND ARE STATED ON THE PAGE OF THE ONLINE STORE LOCATED ON THE INTERNET ADDRESS:
3.3. THE PRICE OF THE GOODS IS SPECIFIED IN THE EURO.
3.4. THE PROPOSAL TO CONCLUDE THE CONTRACT FOR SPECIFIC GOODS IS VALID DURING AVAILABILITY THE GOODS ON THE SELLER'S INTERNET SITE, SUBJECT TO AVAILABILITY OF THE GOODS IN THE SELLER'S WAREHOUSE.
4. MOMENT OF THE CONCLUSION OF THE CONTRACT
4.1. THE TEXT OF THIS CONTRACT IS A PUBLIC OFFER ACCORDING TO ART. 633 AND ART. 641 OF THE CIVIL CODE OF UKRAINE AND IS AN EQUIVALENT OF THE "ORAL AGREEMENT" AND HAS THE APPROPRIATE LEGAL FORCE.
4.2. THE CONTRACT, CONCLUDED ON THE BASIS OF ACCEPTING BY THE BUYER OF THIS OFFER, IS THE ADHESION CONTRACT TO WHICH THE BUYER JOINS WITHOUT ANY EXCLUSION/RESERVATIONS.
4.3. THE CUSTOMER'S ORDERING FACT IS AN ABSOLUTE FACT THAT THE BUYER ACCEPTS THE TERMS AND CONDITIONS OF THIS CONTRACT. THE BUYER WHO HAS PURCHASED THE GOODS AT THE SELLER'S ONLINE STORE (ORDERING THE GOODS), IS CONSIDERED AS A PERSON ENTERING INTO RELATIONS WITH THE SELLER UNDER THE TERMS OF THIS CONTRACT.
5.1. THE SELLER IS OBLIGED:
5.1.1. FROM THE MOMENT OF THE CONCLUSION OF THIS CONTRACT, TO FULLY GUARANTEE ALL OBLIGATIONS TO THE BUYER IN ACCORDANCE WITH THE TERMS OF THIS CONTRACT AND APPLICABLE LAW. THE SELLER RESERVES THE RIGHT FOR NON-FULFILLMENT OF THE OBLIGATIONS UNDER THE CONTRACT IN THE CASE OF
FORCE MAJEURE CIRCUMSTANCES SPECIFIED IN CLAUSE 9 OF THIS CONTRACT.
5.1.2. TO PROCESS THE PERSONAL DATA OF THE BUYER AND ENSURE THEIR PRIVACY POLICY IN THE ORDER ESTABLISHED BY APPLICABLE LAW.
5.2. THE SELLER HAS THE RIGHT:
5.2.1. TO MAKE AMENDMENTS TO THIS CONTRACT, PRICES FOR GOODS AND RATES FOR THE RELATED SERVICES, METHODS AND TERMS OF PAYMENT AND DELIVERY OF THE GOODS IN SOLE DISCRETION, PLACING THEM ON THE INTERNET ADDRESS: www.thesunnyclothes.com ALL AMENDMENTS COME INTO FORCE
IMMEDIATELY AFTER THE PUBLICATION, AND ARE CONSIDERED TO BE BROUGHT TO THE NOTICE OF THE BUYER FROM THE TIME OF THIS PUBLICATION.
5.2.2. WITHOUT AGREEMENT WITH THE BUYER, TO TRANSFER YOUR RIGHTS AND OBLIGATIONS ON PERFORMANCE OF THE CONTRACT TO THE THIRD PARTIES.
5.3. THE BUYER IS OBLIGED:
5.3.1. BEFORE THE CONTRACT IS CONCLUDED, TO REVIEW THE CONTENTS AND TERMS OF THE CONTRACT, PRICES OF THE GOODS OFFERED BY THE SELLER AT ONLINE STORE.
5.3.2. TO ORDER THE CUSTOMER, IT IS NECESSARY TO ENTER OWN DATA AND MAKE AN ORDER SOLELY WITH THE HELP OF A CUSTOMER CONSULTANT WITH WAYS AVAILABLE FOR CUSTOMERS.
5.3.3. IN EXECUTION OF THE SELLER'S OBLIGATIONS BEFORE THE BUYER, THE LAST SHOULD REPORT ALL NECESSARY DATA, DEFINITELY IDENTIFICATING HIM/HER AS A BUYER, AND ENOUGH FOR A DELIVERY TO THE CUSTOMER ORDERED BY THE LATTER.
5.3.4. PAY ORDERED GOODS AND ITS DELIVERY ON THE TERMS OF THIS CONTRACT.
5.3.5. TO AVOID DISPUTES, WHEN ORDERING TO, READ THE INFORMATION OFFERED BY THE SELLER ON THEIR INTERNET SITE, IN PARTICULAR, BUT NOT LIMITED TO SECTIONS: PAYMENT, DELIVERY, RETURN AND EXCHANGE OF GOODS, PRIVACY POLICY.
5.3.6. NOT TO USE THE GOODS ORDERED ON THE INTERNET SITE FOR ENTREPRENEURIAL PURPOSES.
6. ACCEPTANCE OF THE ORDER
6.1. THE SELLER RESERVES THE RIGHT TO CONSENT THE ORDERING DATA BY TELEPHONE WITH THE CUSTOMER. IF IT IS IMPOSSIBLE TO CONTACT THE CUSTOMER FOR 48 HOURS, THE ORDER MADE BY THE
CUSTOMER IS CANCELED, IN ADDITION, MONEY ARE REFUNDED TO THE SAME BANK DETAILS, FROM WHICH THE ORDER WASPAID FOR.
6.2. AFTER ORDERIN, THE BUYER IS PROVIDED WITH INFORMATION ON THE DATE OF DELIVERY OF THE ORDER TO THE CUSTOMER. THE SPECIFIED DATE DEPENDS ON THE AVAILABILITY OF THE ORDERED GOODS IN THE WAREHOUSE OF THE SELLER AND THE TIME REQUIRED FOR PROCESSING AND DELIVERY OF THE ORDER.
7. DELIVERY OF THE GOODS
7.1. THE CUSTOMER IS OBLIGED TO COLLECT THE ORDER AT THE AGREED DELIVERY TIME. THE DELIVERED GOODS ARE TRANSFERRED TO THE CUSTOMER, AND IN THE ABSENCE OF THE LATTER, TO ANY PERSON THAT PRESENTS THE CONFIRMATION OF THE ORDER OR ANOTHER DOCUMENT CONFIRMING THE DELIVERY OF THE
GOODS.
7.2. THE SELLER ATTEMPTS TO COMPLY WITH THE AGREED DELIVERY TIME. THE SELLER IS NOT RESPONSIBLE FOR POSSIBLE DELAYS IN DELIVERY DUE TO AN UNEXPECTED CIRCUMSTANCES OCCURRED
NOT BY THE SELLER'S FAULT, WHICH WERE IMPOSSIBLE TO FORESEE.
7.3. FOR CUSTOMERS FROM FAR-ABROAD COUNTRIES THE SELLER SENDS THE ORDER WITHOUT ACCOUNTING TAXES AND FEES OF THE COUNTRY OF RESIDENCE OF THE BUYER. DELIVRY PRICE DOES NOT
INCLUDE TAXES AND FEES.
8. TERMS OF RETURN AND EXCHANGE OF GOODS
8.1. THE BUYER HAS THE RIGHT TO RETURN GOODS OF A PROPER QUALITY IF IT DID NOT FIT BY THE FORM, DIMENSIONS, DESIGN, COLORING, SIZE OR PACKAGING. THE BUYER HAS THE RIGHT TO EXCHANGE GOODS OF INAPPROPRIATE QUALITY FOR SIMILAR GOODS WITHOUT DEFECTS, IF THERE ARE AVAILABLE, OR CHOOSE
OTHER GOODS FROM THE ASSORTMENT FOR THE SAME AMOUNT.
THE BUYER HAS THE RIGHT TO EXCHANGE, OR REFUND THE GOODS OF A PROPER QUALITY, UNLESS IT HAS BEEN IN OPERATION, ITS MARKETABLE STATE (ORIGINAL PACKAGING, SEALS, LABELS), CONSUMER PROPERTIES, WHILE MAINTAINING COMPLETENESS OF GOODS, AS WELL AS DOCUMENTS CONFIRMING THE FACTS AND TERMS OF PURCHASE OF GOODS (COMMODITY OR CASH RECEIPT) ARE PRESEVED.
8.3. TO DOCUMENT THE RETURN OF GOODS OF A PROPER QUALITY (INCLUDING ON THE CAUSE OF ITS EXCHANGE), THE CUSTOMER IS OBLIGED TO PACK THE GOODS WITH ALL COMPLEMENTS AND ALL
ACCESSORIES, AND TO ATTACH A PAYMENT RECEIPT COPY.
8.4. THE PROCEDURE OF RETURN OF THE GOODS OF INAPPROPRIATE QUALITY IS CARRY OUT BY THE METHOD SPECIFIED IN SECTION 8.5.
8.5. WAYS OF RETURN OF ORDERED GOODS:
• RETURN THE GOODS THROUGH DELIVERY SERVICE;
• RETURN THE GOODS SOLELY OR THROUGH ANY EXPRESS COMPANY.
8.6. EXPENSES ON DELIVERY OF EXCHANGE AND RETURN OF THE GOODS OF A PROPER QUALITY ARE PAID BY THE BUYER.
8.7. REQUIREMENTS FOR RETURN OF THE MONEY PAYED FOR THE GOODS ARE SUBJECT TO BE SATISFIED WITHIN 5 DAYS FROM THE DAY OF THE CORRESPONDING REQUIREMENT. IN CASE OF RETURN OF THE GOODS OF INAPPROPRIATE QUALITY, THE CUSTOMER RECEIVES THE COST OF THE GOODS TOGETHER WITH THE COST OF DELIVERY.
9. PAYMENT METHODS
9.1. THE BUYER CAN PAY BY THE FOLLOWING WAYS:
• ONLINE PAYMENT ON THE SITE;
9.2. MORE DETAILED INFORMATION ON METHODS OF PAYMENT FOR THE GOODS IS IN THE SECTIONS "PAYMENT" AND "DELIVERY" OF THE SITE.
10. FORCE MAJEURE
10.1. ANY PARTY IS EXEMPTED FROM RESPONSIBILITY FOR COMPLETE OR PARTIAL FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS CONTRACT, IF THIS FAILURE HAS BEEN CAUSED BY THE FORCE MAJEURE CIRCUMSTANCES, AROSEN AFTER SIGNING THIS CONTRACT. "FORCE MAJEURE CIRCUMSTANCES" MEAN EXTRAORDINARY EVENTS OR CIRCUMSTANCES THAT PARTY COULD NOT ANTICIPATE OR PREVENT BY MEANS AVAILABLE TO IT. SUCH EXTRAORDINARY EVENTS OR CIRCUMSTANCES INCLUDE, INTER ALIA: STRIKES, FLOODS, FIRES, EARTHQUAKES AND OTHER NATURAL DISASTERS, WARS, HOSTILITIES, ACTIONS OF UKRAINIAN OR FOREIGN GOVERNMENT BODIES AND ANY OTHER CIRCUMSTANCES, WHICH EXTEND BEYOND REASONABLE CONTROL ANY OF THE PARTIES . CHANGES IN LEGISLATION OR REGULATIONS, DIRECTLY OR INDIRECTLY AFFECTING ANY PARTY SHALL NOT BE CONSIDERED AS FORCE MAJEURE CIRCUMSTANCES, BUT IN CASE OF MODIFICATION, WHICH PREVENT ANY PARTY FROM PERFORMANCE OF ANY OF ITS OBLIGATIONS UNDER THE PRESENT CONTRACT, THE PARTIES ARE RESPONSIBLE TO IMMEDIATELY DECIDE REGARDING THE PROCEDURE OF WORK TO ELIMINATE THIS PROBLEM IN ORDER TO ENSURE THE PARTIES TO CONTINUE THE
EXECUTION OF THIS CONTRACT.
11. PRIVACY POLICY
11.1. WHEN RETURNING THE GOODS, THE CUSTOMER PROVIDES PASSPORT DATA AND BANK CARD DATA FOR THE SELLER TO TRANSFER THE MONEY. THE SELLER HAS THE RIGHT TO USE THIS INFORMATION TO PERFORM OWN OBLIGATIONS TO THE CUSTOMER. THE SELLER ACKNOWLEDGES THE IMPORTANCE OF PRIVACY POLICY OF PROVIDED BY THE CUSTOMER PERSONAL INFORMATION. BY SUBMITTING PERSONAL INFORMATION TO THE SELLER, THE CUSTOMER AGREES TO THEIR PROCESSING BY THE SELLER, INCLUDING FULFILLING OWN OBLIGATIONS TO CUSTOMERS AS PART OF THIS OFFER, SELLER'S PROMOTION OF GOODS AND SERVICES BY MAILOUTS OF ADVERTISING-INFORMATION NATURE, OF ONLINE AND SMS INTERVIEWINGS, HOLDING OF COMPETITIVE TENDERS AND OTHER PROMOTION ACTIVITIES FOR CUSTOMERS, ANALYSIS OF
RESULTS OF MARKETING SHARES, CUSTOMER SUPPORT, STATISTICAL RESEARCH, ORGANIZATION OF DELIVERY OF THE GOODS, CONTROL OF CUSTOMERS' SATISFACTION WITH THE QUALITY OF THE SERVICE
RENDERED BY THE SELLER. PERSONS WHO VISIT WEBSITES AS WELL AS THE CUSTOMERS AGREES THAT TO MEET OBLIGATIONS TO CUSTOMERS, AS WELL AS TO CONDUCT MARKETING RESEARCH, EXECUTE ANALYTICAL REPORTS AND OTHER MARKETING ACTIVITIES THE SELLER MAY ENTRUST PERSONAL DATA PROCESSING (INCLUDING, BUT NOT LIMITED TO – DATE OF BIRTH, E-MAIL ADDRESS, DATA ON ACCOUNTS IN SOCIAL NETWORKS, INFORMATION ON PURCHASE HISTORY, INFORMATION ON INTERESTS) TO THE THIRD
PARTIES ON THE BASIS OF THE CONTRACT CONCLUDED WITH SUCH PERSONS, UNDER OBSERVANCE OF THE REQUIREMENTS OF THE LEGISLATION OF UKRAINE ON ENSURING THE PRIVACY POLICY OF PERSONAL DATA AND THE SECURITY OF PERSONAL DATA DURING THEIR PROCESSING. PROCESSING OF PERSONAL DATA MEANS ANY ACTION PERFORMED WITH OR WITHOUT THE USE OF AUTOMATION MEANS WITH PERSONAL DATA, INCLUDING THE COLLECTION, RECORD, ACCUMULATION, STORAGE, REFINIMENT (UPDATE, MODIFICATION) EXTRACTION, USE, TRANSFER (INCLUDING TRANSFER TO THE THIRD PARTIES, NOT EXCLUDING A TRANSBOUNDARY TRANSFER, IF IT HAPPENED TO BE NECESSARY DURING THE FULFILLMENT OF OBLIGATIONS), ANONYMIZATION, BLOCKING, DELETION, DESTRUCTION OF PERSONAL DATA. THE SELLER HAS
TO PROCESS PERSONAL DATA, INCLUDING BY DIRECTING TO THE CUSTOMER CORRESPONDENCE ADVERTISING TO THE SPECIFIED E-MAIL ADDRESS, MAKE CALLS, SEND SMS – MESSAGES, MESSAGES
THROUGH WEB-BASED MESSENGERS, AS WELL TO SEND EMAILS OF ADVERTISING NATURE TO THE SPECIFIED BY THE CUSTOMER E-MAIL ADDRESS.
THE CUSTOMER MAY REFUSE FROM RECEIVING MAILOUT OR RECEIVING ADVERTISING AND OTHER INFORMATION WITHOUT EXPLAINING THE REASONS BY ONE OF THE SPECIFIED METHODS:
• THE CUSTOMER MAY SELECT THE DISTRIBUTION PARAMETERS OR REFUSE IT BY PRESSING THE "SUBSCRIBE" BUTTON IN THE E-LETTER;
• THE CUSTOMER MAY CONTACT THE SELLER'S CUSTOMERS CUSTOMER SERVICE BY TELEPHONE SPECIFIED ON THE SITE ON THE www.thesunnyclothes.com SITE IN THE "CONTACTS" SECTION.
11.2. THE SELLER IS OBLIGED TO NOT DISCLOSE THE INFORMATION RECEIVED FROM THE CUSTOMER. TRANSFER OF INFORMATION BY THE SELLER TO THE AGENTS AND THIRD PARTIES ACTING ON THE BASIS OF THE CONTRACT WITH THE SELLER TO PERFORM THE OBLIGATIONS TO THE CUSTOMER IS NOT CONSIDERED TO BE VIOLATION.
11.3. BUYER ACKNOWLEDGES AND ALLOWS THE OPERATOR AND OPERATOR'S CONTREGENTS TO PROCESS THE PERSONAL DATA OF THE BUYER BY USING AUTOMATED DATABASE MANAGEMENT SYSTEMS, AND ALSO OTHERWISE PROGRAMS, SPECIFICALLY DESIGNED UNDER INSTRUCTION OF THE OPERATOR.
11.4. THE BUYER HAS THE RIGHT TO ASK THE OPERATOR FOR FULL INFORMATION ABOUT OWN PERSONAL DATA, THEIR PROCESSING AND USE, AND ALSO REQUIRE EXCLUSIONS OR CORRECTIONS/ADDITIONS OF INCORRECT OR INCOMPLETE PERSONAL DATA.
12. RESPONSIBILITIES OF THE PARTIES
12.1. FOR NON-EXECUTION OR IMPROPER EXECUTION OF THE TERMS AND CONDITIONS OF THIS CONTRACT, THE PARTIES SHOULD BEAR RESPONSIBILITY UNDER THE LAW OF UKRAINE.
12.2. ALL TEXT INFORMATION AND GRAPHIC IMAGES PLACED IN THE www.thesunnyclothes.com ONLINE STORE HAVE A LEGAL RIGHTHOLDER, INLEGAL USAGE OF THE SPECIFIE DINFORMATION AND IMAGES IS SUBJECT TO LEGAL PROSECUTION UNDER THE CURRENT LEGISLATION OF UKRAINE.
13. OTHER TERMS
13.1. ALL DISPUTES RELATED TO NON-FULFILLMENT OR INADEQUATE FULFILLMENT OF ITS OBLIGATIONS UNDER THIS CONTRACT THE PARTIES WILL ATTEMPT TO RESOLVE DURING THE NEGOTIATIONS.
13.2. IN CASE OF FAILURE TO MEET AN AGREEMENT DURING THE NEGOTIATIONS, DISPUTES WILL BE RESOLVED BY THE COURT ORDER UNDER THE CURRENT LEGISLATION OF UKRAINE.
ADDRESS AND DETAILS OF THE SELLER:
65000, UKRAINE, ODESA REGION, ODESA DISTRICT, ODESA CITY, KYIV DISTRICT,,50 ACADEMIKA KOROLEVA STR.
MFO 3220011
ITN 3597711906
tel. (096) 4289014