PUBLIC (OFFER) CONTRACT
for order, sale agreement, and delivery of goods
This agreement is an official and public offer of «Mari Fresh Cosmetics» LLC further to the Seller to enter into a contract of sale of the Goods presented on the website https://mariefreshcosmetics.com. This agreement is public, concluded in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and conditions of the ordering process, payment for goods, delivery of goods, return of goods, liability for unscrupulous orders, and all other terms of the Agreement. The contract is considered concluded from the moment of clicking the "Place Order" button on the ordering page in the "Basket" section, and the Buyer receives from the Seller confirmation of the order in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter - the "Offer") - a public offer of the Seller to enter into an agreement with the Seller to conclude the sale and purchase agreement remotely (hereinafter - the "Agreement") on the terms contained in this Offer.
1.2. Goods or Services are the object of the agreement of the parties, which was selected by the Buyer on the website of the Online Store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.3. Online store is the Seller's website at https://mariefreshcosmetics.com/ which is created for the conclusion of contracts of retail and wholesale purchase and sale on the basis of the acquaintance of the Buyer with the description of the Goods offered by the Seller by means of the Internet.
1.4. The Buyer is a capable individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for non-business purposes, or a legal entity or individual entrepreneur.
1.5. The Seller «Mari Fresh Cosmetics» LLC (identification code 41465737), is a legal entity established and operating in accordance with the current legislation of Ukraine, whose location is: Ukraine, Kiev region, Bucha city st. Gorky, building 8.
2. Scope of Contract
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of concluding the Offer Agreement (acceptance of the offer) and the moment of full and unquestioning acceptance by the Buyer of the terms of the Agreement, is the date of filling in the Buyer's order form located on the website of the Online Store, provided that the Buyer receives from the Seller confirmation of the order in electronic form.
3. Ordering Process
3.1. The Buyer places an order in the online store via the "Basket" form, or by placing an order by e-mail or phone number specified in the contacts section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer at the time of placing the order is incomplete or raises suspicions about their validity.
3.3. While placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. name and surname of the Buyer;
3.3.2. the address of the delivery of Goods (if delivery to the Buyer's address);
3.3.3. contact phone number.
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the Online Store.
3.5. If either Party requires additional information, he has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when buying goods in the online store.
3.6. While placing an order via the Seller's operator (paragraph 3.1. Of this Offer), the Buyer undertakes to provide the information specified in paragraphs 3.3 - 3.4. of this Offer.
3.6. The Buyer's acceptance of the terms of this Offer is made by the Buyer filling in the relevant data in the registration form on the website of the Online Store or when placing an Order via the operator. After placing the Order via the Operator, the data on the Buyer is entered into the database of the Seller.
3.7. The Buyer is responsible for the accuracy of the information provided while placing an order.
3.8. By concluding the Agreement, ie accepting the terms of this offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
а) The Buyer is fully and completely acquainted with and agrees to the terms of this offer (offer contract);
b) they give permission for the collection, processing and transfer of personal data, permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an indefinite period after its expiration. In addition, by concluding the contract, the Buyer confirms that he is informed (without additional notice) about the rights established by the Law of Ukraine "About Personal Data Protection", the purposes of data collection, and that his personal data is transferred to the Seller of this Agreement, the possibility of mutual settlements, as well as to obtain invoices, acts and other documents. The Buyer 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 Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "About Personal Data Protection", is known and understood.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and listed on the website of the Online Store. All prices for goods and services are listed on the site in UAH currency is including VAT.
4.2 Prices for Goods and services may change by the Seller unilaterally depending on market conditions. In this case, the price of a single unit of Goods, the value of which has already been paid by the Buyer in full, may not be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to his chosen delivery service (carrier).
4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the address of the Buyer.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the address of the Buyer when the Buyer addresses a request to the Seller by sending an e-mail or when placing an order via the operator of the online store.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds on his account.
4.7. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the website of the Online Store in the "Payment" section.
4.8. Upon receipt of the goods, the Buyer must check the compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).
4.9. The Buyer or their representative during the acceptance of the Goods confirms his signature in the goods receipt and / or in the order, and / or in the consignment note for delivery of goods, that he has no claim to the quantity of goods, appearance and completeness of goods.
4.10. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or their Representative from the moment the Buyer receives the Goods in the place of delivery of the Goods via an independent delivery of the Goods from the Seller, or during the Seller's transfer to the delivery service (carrier) chosen by the Buyer.
5. The rights and obligations of the Parties
5.1. The Seller is obligated to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. To not disclose any private information about the Buyer and to not provide access to this information to third parties, except as prescribed by law and during the execution of the Buyer's Order.
5.2. The seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally, placing them on the website of the Online Store. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 Read the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the Online Store before concluding the Agreement.
5.3.2 In order for the Seller to fulfill their obligations to the Buyer, the latter must provide all necessary information that uniquely identifies them as the Buyer, and is sufficient for delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. According to the Law of Ukraine "About Consumer Protection" and the Resolution of the Cabinet of Ministers “About implementation of certain provisions of the Law of Ukraine "About Consumer Protection" of March 19, 1994 № 172 Goods, perfumes and cosmetics of proper quality are not subject to exchange (return).
6.2. In case of detection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements prescribed by the Law of Ukraine "About Consumer Protection". When submitting claims for free elimination of defects, the deadline for their elimination is deducted from the date of receipt of the Goods by the Seller at their disposal and physical access to such Goods.
6.3. Consideration of the requirements prescribed by the Law of Ukraine "About Consumer Protection" is carried out by the Seller on condition that the Buyer provides the documents prescribed by the current legislation of Ukraine. The Seller is not responsible for defects of the Goods that arose after its transfer to the Buyer as a result of Buyer’s violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.4. The Buyer has no right to refuse the goods of proper quality, which have individually defined properties, if the specified goods can be used only by the Buyer who purchased it (including, at the request of the Buyer, non-standard characteristics, appearance, complete set and other). Confirmation that the product has individually defined properties is the difference between the product and other characteristics specified in the online store.
6.5. Return of goods, in cases prescribed by law and this Agreement, is carried out at the address specified on the website in the Contacts section.
7. Responsibility
7.1. The Seller is not responsible for damage, caused to the Buyer or third parties as a result of improper use, storage of the Goods, purchased from the Seller.
7.2 The Seller is not responsible for the improper, untimely fulfilment of the Order and their obligations in cases where the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or The Buyer shall be released from the responsibility for full or partial non-fulfilment of their obligations, if non-fulfilment is a result of force majeure circumstances, such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or the Buyer after the conclusion of this agreement. A Party, that cannot fulfil its obligations, shall immediately notify the other Party.
8. Confidentiality and protection of personal data.
8.1. Providing personal data on the website of the Online store during registering or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as other actions prescribed by the law of Ukraine “About Personal Data Protection”, without limiting the validity of such consent, namely the following data:
- Full Name
- Telephone
- E-mail address
- Date of birth
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation by the Seller to provide information to counterparties and third parties that act on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor fulfilment or non-fulfilment of their obligations is due to the irrelevance of information about the Buyer or inconsistency with its validity.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved via negotiations. In case of failure to resolve the dispute via negotiations, the Buyer and / or the Seller have the right to apply to the courts for resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally in accordance with paragraph 5.2.1. Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in the manner prescribed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
LLC " Mari Fresh Cosmetics "
08292, Ukraine, Kiev region, Bucha city st. Gorky, building 8
IBAN UA463052990000026002040119769 in JSC CB "PRIVATBANK"
Code 41465737
tel. +38 080 020 20 02
admin@mariefreshcosmetics.com
