PUBLIC OFFER AGREEMENT
The following text is an agreement between the online store, whose website is located on the Internet at www.smartpet.ua, hereinafter referred to as the "Online Store", and the user of the services of the Online Store, hereinafter referred to as the "Buyer", and sets forth the terms and conditions of the sale of goods by the Buyer through the Online Store website.
1. General provisions
1.1 This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine), its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur).
1.2. In case of acceptance of the terms of this Agreement, i.e. the public offer of the Online Store, the User becomes the Buyer.
2. Terms and definitions
2.1. Online store - "Smartpetua", founded in accordance with the Legislation of Ukraine, operating a website located on the Internet at www.smartpet.ua
2.2. Goods - a list of goods published on the website of the online store.
2.3. Buyer - an individual who has reached the age of eighteen, who receives information from the Online Store, who places an order for the search, packaging and reservation of the Goods presented on the website of the Online Store for purposes not related to the implementation of entrepreneurial activities, or a legal entity / individual entrepreneur.
2.4. Order - a completed and placed application of the Buyer addressed to the Online Store for the search, packaging and reservation of the Goods for their further redemption by the Buyer.
2.5. Site - a set of pages accessed through a web browser and software modules united by a single management system located on the Internet at www.smartpet.ua, and containing all the features of a public offer for the search, packaging and reservation of the Goods selected by the Buyer on the site.
2.6. Personal Account - a space on the Site, which the Buyer has access to, which reflects his personal information and the history of the Orders placed by him.
3. Subject matter of the contract
3.1. This Agreement defines the procedure for interaction and the conditions for the provision of services by the Online Store to the Buyer, based on his desire, desire and ability to use the services of searching, packaging and reservation of the Goods, as well as the desire of the Online Store to provide the Buyer with the information he needs, to find and complete the Goods according to the Buyer's Order, and to reserve them for further purchase by the Buyer.
3.2. The Online Store provides the Buyer with the following services:
3.2.1. Search, picking and reservation of the Goods on the basis of the Order placed by the Buyer on the Website and confirmed by the Online Store
3.3. The Online Store sells and delivers the Goods by means of courier delivery services indicated on the website of the Online Store on the basis of the Buyers' applications left on the Website and confirmed by the Online Store. The prices for the Goods indicated on the Site include the cost of search, picking and reservation services, and do not include the cost of delivery of the Buyers' goods, unless otherwise specified in the confirmation of the Application.
3.4. The Buyer agrees to the terms of this Agreement at the time of placing the Order by clicking on the "Confirm Order" button, which expresses the Buyer's confirmation of reading the text of this Agreement and agreement with its terms. In the future, objections from the Buyer to provide his consent in this way relieves the Online Store of any kind of liability for failure to comply with the terms of this agreement and reserves the right of the Online Store to cancel the Order unilaterally.
4. Rules for working with the Site
4.1 The Buyer may browse the content of the Website, place orders, and use its other services.
4.2. When placing an Order, the Buyer shall enter the following data:
- First name, last name
- Phone number
- Delivery address
4.3. The Buyer undertakes to provide true, accurate and complete information about himself. The Online Store is not responsible for the accuracy and correctness of the information left by the Buyer when registering and placing an Order.
4.4. The Buyer undertakes not to disclose this data to third parties. In case the Buyer suspects unauthorized use of such parameters by third parties, the Buyer undertakes to immediately notify the Online Store by sending an e-mail to a.borodin.ua@gmail.com or contacting the phone numbers indicated in the contact information section of the Site.
4.5. The Buyer is responsible for any actions taken on the Site on his behalf.
4.6. The Online Store has the right to refuse the Buyer to use the services of the Online Store if it has reason to believe that the Buyer has provided inaccurate data, as well as in case of unfair behavior (for example, violation of the terms of this agreement, etc.).
4.7. It is forbidden to use the Website for illegal and prohibited activities. Buyers of the Online Store agree to comply with the laws of Ukraine and the norms of behavior adopted on the Internet, namely, but not limited to, posting on the site materials of an extremist, pornographic or other nature that affects and/or infringes on the honor, dignity and/or business reputation of third parties and violates generally accepted moral standards, as well as posting advertising information without the permission of the Online Store.
5. Ordering procedure
5.1. The Buyer places an Order on the Site independently by adding the selected Goods to the virtual basket and clicking the "Checkout" button.
6. Payment procedure
6.1. The Buyer purchases the Goods specified in the order placed on the Site, and also pays for the services of the Online Store on the terms agreed by the parties in the Buyer's order confirmed by the Online Store:
- On the terms of prepayment to the account of the Online Store specified in the order;
- At the time of receipt of the Goods at the courier service branch.
6.2. The total cost of the Order, including the full cost of the Goods and services of the Online Store, is equal to the amount payable and is indicated on the Site when placing the Order and at the time of placing the Order.
7. Terms of return.
7.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.
7.2. Return of the goods to the Online Store is made at the expense of the Buyer.
7.3. When the Buyer returns the goods of good quality, the Online Store shall refund the amount paid for the goods upon return of the goods, less compensation for the costs of the Online Store associated with the delivery of the goods to the Buyer.
8. Privacy policy and
protection of personal data
8.1. When ordering on the Site, the Buyer leaves the personal and contact information specified in clause 4.3. of this Agreement, but not limited to it.
8.2. By providing his personal data on the Site when placing an Order, the Buyer gives his voluntary consent to the processing and use (including transfer) of his personal data without limiting the validity of such consent in accordance with the Law of Ukraine "On Personal Data Protection" of 01.06.2010.
8.3. The Online Shop uses the personal data received to provide the services specified in this Agreement, to promote the services provided by the Online Shop, including through the automated processing of personal data.
8.4. The Online Store undertakes not to disclose the information received from the Buyer. It shall not be considered a violation of the Online Store's provision of information to agents and third parties acting on the basis of an agreement with the Online Store, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by law.
8.5. If the Buyer does not want the Online Store to continue processing personal data, the Buyer must send a request to a.borodin.ua@gmail.com or contact the phone numbers indicated in the contact information section of the Site.
8.6. The Buyer is responsible for keeping his personal data up to date. The Online Store shall not be liable for the poor performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Information messages
9.1. By registering on the Site, the Buyer gives the Online Store consent to receive information messages from the Online Store and its partners acting on the basis of an agreement with the Online Store by means of short message service (SMS) and e-mail.
9.2. At any time, the Buyer has the right to refuse to receive such mailing by contacting a.borodin.ua@gmail.com or by contacting the phone numbers indicated in the contact information section of the Site.
10. Rules for the use of materials posted on the Website
10.1. The Site contains materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photographs, graphic images, music and sound works.
10.2. All content of the Website is protected by the legislation of Ukraine.
10.3. The Buyer has no right to use the materials posted on the Site, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create secondary documents, etc.
11. Other conditions
11.1 This Agreement is concluded on the territory of Ukraine and is governed by the substantive law of Ukraine.
11.2. The invalidity of any clause or part of this agreement shall not lead to the invalidity of the agreement as a whole.
11.3. All disputes arising between the Buyer and the Online Store shall be resolved through negotiations. In case of failure to resolve the dispute, the Buyer or the Online Store may apply to the judicial authorities in accordance with applicable law.
11.4. The Online Store has the right to amend the text of this Agreement at its sole discretion at any time and without prior notice to the Buyers. The current (valid) version of the agreement is always available on the Site.
11.5. The Online Store is not responsible for:
11.5.1. the appearance of the Goods changed by the manufacturer;
11.5.2. for a slight discrepancy in the color scheme of the Goods, which may differ from the original Goods solely due to the different color rendering of personal computer monitors of individual models;
11.5.2. for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond the control of the Online Store.