PUBLIC OFFER AGREEMENT
FOR THE PURCHASE AND SALE OF GOODS
This agreement is addressed to consumers and is the official and public offer of the Seller to conclude a contract for the sale of the Goods, the subject and conditions of which are indicated in the relevant section of the site https://orner.com.ua/en/offer. The consumer, acting to purchase the Goods, accepts the terms of this agreement (hereinafter referred to as the Agreement) on the following:
1. General provisions
1.1. This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 54 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. public offer of the Seller, the consumer becomes the Buyer.
1.3. By entering into the Agreement, the Buyer confirms that he is fully acquainted with and agrees with its terms, and also, if the Buyer is an individual, gives permission for the Seller to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, and also for receipt of invoices, acts and other documents. Permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding this Agreement, the Customer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection, and of that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Customer, without changing the purpose of processing personal data. The scope of the rights of the Customer, as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data", is known and understandable to him. that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Customer, without changing the purpose of processing personal data. The scope of the rights of the Customer, as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data", is known and understandable to him. that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Customer, without changing the purpose of processing personal data. The scope of the rights of the Customer, as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data", is known and understandable to him.
2. Terms and definitions
2.1. Seller - an individual or legal entity selling goods on the site on the basis of a license agreement for the use of the ORNER trademark.
2.2. Goods - a list of consumer goods published on the website of the online store, for which the price, name and description of the goods are indicated. Also, the product may be accompanied by its image.
2.3. The Buyer is a capable natural person who has reached the age of eighteen, who receives information from the Seller, places Orders for the purchase of Goods, which are presented on the website of the Online Store, for purposes not related to entrepreneurial activities, or a legal entity/individual entrepreneur.
2.4. Order - a completed and placed application of the Buyer for the purchase of Goods, addressed to the Seller.
2.5. Website of the online store - a collection of pages accessed using a web browser and software modules, united by a single control system, located on the Internet at orner.com.ua 2.6
. Personal account - a personal section of the Buyer on the Seller's website, to which the Buyer has access, which reflects his personal information and the history of the Orders placed by him.
3. Subject of the contract
3.1. The Seller undertakes, on the terms and in the manner determined by this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the website of the Online Store, and the Buyer undertakes, on the terms and in the manner determined by this Agreement, to buy the Goods and pay for its cost.
3.2. The Seller guarantees that the Goods have not been pledged, are not in dispute, are under arrest and are not subject to the rights of third parties.
3.3. The Seller and the Buyer confirm that this agreement is not a fictitious, imaginary transaction, a transaction made under the influence of violence or deceit.
3.4. The Seller confirms that he has all the necessary permits to carry out economic activities, which regulates the scope of legal relations arising and operating in the process of executing this agreement, and also guarantees that he has the right to manufacture and / or sell goods without any restrictions, in accordance with requirements of the current legislation of Ukraine and undertakes to bear responsibility in case of violation of the rights of the Buyer in the process of execution of this agreement and the sale of goods.
3.5. The Buyer accepts the terms of this agreement at the time of placing the Order by clicking on the "Place an order" button, which means the Buyer's confirmation of reading the text of this agreement and agreeing to its terms. In the future, objections from the Buyer regarding the provision of his consent in this way relieve the Seller of any kind of liability for failure to comply with the terms of this agreement and reserves the right of the Seller to cancel the Order unilaterally.
4. Rules for working with the website of the online store
4.1. The buyer can view the content of the website of the online store, place orders, and also use its other services.
4.2. Registration is required for the Buyer to access personalized information and provide additional options for working with the website of the online store.
4.3. When registering, the Buyer enters the following data:
• Full name
• Phone number
• Email address
• Physical address
4.4. The buyer undertakes to provide true, accurate and complete information about himself. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer when registering and placing an Order.
4.5. The Buyer undertakes not to disclose to third parties the access parameters specified during registration. If the Buyer suspects unauthorized use of such parameters by third parties, the Buyer undertakes to immediately inform the Seller about this by sending a message to [email protected]
4.6. The buyer is responsible for any actions carried out on the website of the online store under his account and on his behalf.
4.7. The Seller has the right to refuse the Buyer to place an Order if he has reason to believe that the Buyer has provided false data, as well as subject to unfair behavior (for example, violation of the terms of this agreement, etc.).
4.8. It is forbidden to use the website of the online store in illegal and prohibited activities. Buyers agree to comply with the laws of Ukraine and the norms of conduct adopted on the Internet, namely, but not limited to: posting materials of an extremist, pornographic or other nature on the website of the Online Store, affecting and / or infringing on the honor, dignity and / or business reputation of third parties and violating generally accepted norms of morality, as well as post advertising information without the permission of the Seller.
5. Procedure for placing an Order
5.1. The Buyer places an Order on the website of the online store independently by adding the selected Products to the virtual basket and clicking the "Buy" button.
5.2. Both registered Buyers and those who have not been registered can place an Order for Goods, including by calling the phone number listed on the website of the online store.
6. Price and payment procedure
6.1. The price of each individual Product is determined by the Seller and is indicated on the website of the online store. The price of the Order is determined by adding the price of all the Goods included in the Order and the delivery price, which is equal to the amount payable, which is indicated on the website of the online store when placing the Order at the time of its placement.
6.2. The price of the contract is equal to the price of the Order. The amount of the order may vary depending on the price, quantity or nomenclature of the Goods.
6.3. The Buyer pays for the Goods according to the Order. The buyer independently chooses one of the following payment methods:
• cash;
• cashless payments;
• using electronic payment systems;
• using payment terminals.
6.4. Payment for the Services is carried out in the national currency of Ukraine.
The methods of payment for the Goods available to the Buyers depend on the technical capabilities and commercial agreements of the Seller with financial partners. The available methods and features of making payment for the Goods selected by the Buyer are indicated on the Ordering page on the Site or communicated in another way, depending on the chosen method of placing the Order.
6.5. The order is considered paid from the moment the payment is received on the account of the Seller or his representative. The fact of payment for the Order indicates the Buyer's agreement with the terms of this agreement.
6.6. Delivery of the Order by the Seller is carried out after full payment for the Goods.
6.7. The price of the Goods, which is indicated on the website of the online store, can be changed by the Seller unilaterally. In this case, the price of the Goods ordered by the Buyer is not subject to change.
6.8. Until the Buyer's funds are credited to the Seller's settlement account, the goods are not reserved. The Seller cannot guarantee the availability of the Seller's Goods in the quantity specified at the time of placing the Order, as a result of which the Order processing time may increase. If it is necessary to return funds from the Seller to the Buyer in order to return the funds, the Buyer is obliged to inform the Seller of the details of the bank account to which the Seller is obliged to transfer the funds.
7. Conditions of return
7.1. In the event of an incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer as soon as possible to confirm or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled automatically. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order by transferring it to the Buyer's account or in another acceptable way.
7.2. When placing an Order, the Buyer agrees that he has the right to refuse only the entire Order, and not part of it.
8. Obligations of the Seller
8.1. Provide truthful information about the Goods, their prices, as well as the terms of delivery of the Goods.
8.2. Deliver the Goods in accordance with the terms of the Order.
8.3. Guarantee the conformity of the quality of the Goods with the quality requirements on the territory of Ukraine. Ensure warranty obligations in accordance with the terms of this Agreement.
8.4. In the event of a change in the delivery time, immediately inform the Buyer about the change in the terms of delivery. The Seller informs the Buyer by telephone or electronic communication. If it is impossible to contact the Buyer in case of violation by the latter of clause 4.4 of this agreement, the Seller shall not be liable to the Buyer in accordance with the terms of this agreement and the norms of the current legislation.
9. Obligations of the Buyer
9.1. Provide the Seller with reliable, truthful and correct information, including when registering on the website of the online store.
9.2. Pay for the Goods, according to the Orders, at the price indicated in them.
9.3. Upon acceptance of the Order, conduct an external inspection for external damage to the package; in the absence of external damage to the package, sign on the invoice (receipt, register, etc.) on receipt of the Order. Open the outer packaging in the presence of a representative of the delivery service in order to check the safety of the enclosed package, inspect the Goods for the integrity of its individual packaging and the presence of external damage on it.
9.4. In case of claims, require the representative of the delivery service to draw up an External Inspection Certificate and an Acceptance and Transfer Certificate in 3 copies. The inspection report describes the damage to the outer packaging, and the Transfer and Acceptance Certificate describes all damage to the individual packaging of the goods.
9.5. In the event that the Seller transfers the Goods in violation of the terms of the Order regarding the quantity, assortment, completeness, container and (or) packaging of the Goods, not later than 5 (five) calendar days following the day of purchase (receipt) to notify the Seller about these violations. At the same time, the Goods must be returned in a salable condition with the preservation of consumer properties and all labels, seals, etc.
9.6. Provide accurate passport data to be able to receive the Order at the office of the courier company, and personally appear with a passport.
10. Rights of the Buyer
10.1. Demand a refund of payment for the Goods if the Seller is unable to fulfill the terms of the Order.
10.2. Make changes to the Order before payment.
10.3. Prior to the transfer of the Goods, refuse to fulfill the contract, provided that the Seller reimburses the transport costs incurred by the Seller in connection with the performance of actions to fulfill this contract.
10.4. If any claims to the quality of the Goods arise, present them on time and in accordance with the Law of Ukraine "On Protection of Consumer Rights".
11. Liability of the parties
11.1. The Seller is not liable for damage caused to the Buyer due to improper use of the Goods ordered on the website of the Online Store.
11.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations under this Agreement if the Buyer provides false or false information.
11.3. The Seller and the Buyer are responsible for the fulfillment of obligations under this Agreement in accordance with the current legislation of Ukraine.
11.4. The Seller and/or the Buyer are released from liability for full or partial failure to fulfill their obligations if the failure is the result of such insurmountable circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, changes in customs regulations , import and export restrictions that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party of this and provide documents confirming the existence of such circumstances, issued by the authorized bodies.
12. Confidentiality and protection of personal data
12.1. When registering on the website of the online store, the Buyer leaves the personal and contact details specified in clause 4.3. of this Agreement, but not limited to it.
12.2. By providing his personal data on the website of the Online Store when registering or 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 12.3
. The Seller uses the received personal data to provide the services specified in this agreement, to promote the services provided by the Seller, including through automated processing of personal data.
12.4. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the provision by the Seller of information to agents and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by law.
12.5. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
13. Information messages
13.1. By registering on the website of the online store, the Buyer agrees to the Seller to receive information messages from the Seller and his partners acting on the basis of an agreement with the Seller, via short message services (SMS) and e-mail.
14. Rules for the use of materials posted on the website of the online store
14.1. The website of the online store contains materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photographs, graphics, musical and sound works.
14.2. All content of the website of the online store is protected by the legislation of Ukraine.
14.3. The buyer does not have the right to use the materials posted on the website of the online store, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products, etc.
15. Other conditions
15.1. This agreement is concluded on the territory of Ukraine and operates within the framework of the legislation of Ukraine.
15.2. The invalidity of any clause or part of this agreement does not lead to the invalidity of the agreement as a whole.
15.3. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to reach a settlement of the disputed issue, the Buyer or the Seller may apply for resolution of the dispute to the judicial authorities in accordance with applicable law.
15.4. The Seller has the right to make changes to the text of this agreement at its own discretion at any time and without prior notice to the Buyers. The current (current) version of the agreement is always available on the website of the online store.
15.5. The absence of a hard copy of this agreement signed between the Seller and the Buyer, with the signatures of the parties, in the event that the actual payment is made on it by the Buyer, is not the basis for recognizing this Agreement as not concluded. Making a payment in accordance with the Order made on the website of the online store is considered the Buyer's acceptance (in accordance with Article 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment the Agreement enters into force.
15.6. In the event of claims, the Consumer must contact the Seller's Support Service by phone 0976886408 or by mail [email protected]