OFFER AGREEMENT
This
Agreement is a public contract — a public offer contract, that is, in
accordance , its conditions are the same for all buyers regardless of their
status. Upon full agreement with this Agreement, the buyer accepts the terms
and conditions of placing an order, paying for the goods, and delivering the
goods. This Agreement is an agreement between the Buyer and (the online store
“https://leather-hm.online”) (hereinafter referred to as the “Seller”) and any
legal entity, natural person-entrepreneur or natural person, user of the services
of the online store, who hereinafter referred to as the “Buyer” (hereinafter –
the “Buyer”), which includes all essential conditions for the organization of
purchase – sale by remote method (i.e. via the Internet – store).
This agreement has the nature
of a public offer, is the equivalent of an “oral agreement” and, in accordance
with the current legislation, has due legal force.
1. Terms
1.1.
This contract is a public offer and
contains all the essential conditions for the organization of purchase and sale
remotely, i.e. through an online store.
1.2.
According by full and unquestionable
acceptance of the terms of the public contract, that is, the public offer of
the online store, by clicking on the link “Make an order”,
“Place an order” or “Buy in 1 click” and pay for the order
in the amount of 100% under the terms of this agreement.
1.3. The public
offer is also accepted upon registration of the Buyer on the website of the
online store.
1.4. By concluding the
Agreement, the Buyer confirms that he is fully and completely acquainted with
and agrees with its terms, and also, if the Buyer is a natural person, gives
permission for the processing of his personal data for the purpose of the
possibility of fulfilling the terms of this Agreement, the possibility of
carrying out mutual settlements, as well as for receipt of invoices, acts and
other documents. The permission to process personal data is valid for the
entire term of the Agreement. In addition, by concluding this Agreement, the
Buyer confirms that he has been notified (without additional notification) of
the rights established by the Law “On the Protection of Personal
Data”, about the purposes of data collection. The scope of the Buyer’s
rights as a subject of personal data in accordance with of the Law “On Protection of Personal Data”, known
and understood by him.
2.
Terms and definitions
2.1. “Internet
– shop” – website of the seller (“https://leather-hm.online”), created for
the conclusion of retail and wholesale purchase – sale contracts on the
basis of familiarization of the Buyer with the description of the Goods in photographs
proposed by the Seller, using the Internet, which excludes the
possibility of direct familiarization of the buyer with the goods — a
remote method of
selling the goods.
2.2. “Product”
is a list of assortment names presented in the online store.
2.3. “Personal
data” – any information that directly or indirectly refers to a specific
person, or face to face, defined.
2.4. “Significant
defect of the Product” is a defect that makes it impossible or
inadmissible to use the product in accordance with its intended purpose,
was caused by the manufacturer’s (seller’s) fault, after its elimination
appears again for reasons independent of the consumer, and at the same
time is endowed with at least one of the following signs:
а)
it cannot be removed at all;
b)
its elimination requires more than fourteen calendar days;
с)
it makes the product significantly different from what is provided for
in the contract.
3. Scope of the contract
3.1.
The online store undertakes to transfer ownership of the goods to
the Buyer, and the Buyer undertakes to pay and accept the goods under the
terms of this contract.
3.2.
This contract regulates the purchase and sale in the online
store, including:
а) voluntary choice by the Buyer of goods in the online store by category;
b)
self-registration of the order by the Buyer on the website in the online store;
c)
payment by the Buyer of the order made in the online store;
d)
execution and transfer of the order to the ownership of the Buyer under the
terms of this contract.
4. Procedure for placing an order
4.1.
The buyer independently places an order online in the online store or
by telephone using the contacts specified in the online store.
5.
Cost and order of payment of goods
5.1.
The full price of the product is indicated on the pages of the Seller’s
online store.
5.2.
Prices for Goods and services may change depending on the
market situation, which is reflected in the prices in the online store.
The Seller cannot change the price for a specific Buyer, if he has already
accepted the Seller’s terms and made payment for the goods (services) in
accordance with the procedure established by this contract.
5.3.
The buyer pays for the order within 5 working days (in the amount of 100%
prepayment) by means of a bank transfer of money to the current account
of the Seller specified in the invoice, incl. using Internet banking.
6.
Order delivery
6.1.
The shipment of the goods to the Buyer takes place after receipt of 100%
payment on the issued invoice from the Buyer within 7 working days.
6.2.
The delivery and return of the goods is carried out by the seller or the
transport company (carrier) at the expense of the Buyer. The total
delivery time cannot exceed 14 days.
6.3.
The cost of delivery to the Internet — the store is not indicated, as it
depends on the current tariffs of the transport company (carrier).
6.4.
When ordering wholesale batches, delivery terms and methods are
agreed separately in each specific case.
6.5.
The seller is not responsible for the delivery time of the order, as they
depend on the actions of third parties (carriers).
6.6.
Payment of the delivery cost is made by the Buyer to the carrier company
independently, upon receipt of the goods. The exact cost of delivery
is determined by the carrier.
7. Return of goods of proper quality
7.
Return of goods of proper quality
7.1. The buyer
has the right to exchange a product of appropriate quality for a similar one
from the seller from whom it was purchased, if the product id not satisfy him
in terms of shape, dimensions, style, color, size, or for other reasons it
cannot be used for its intended purpose under the following onditions:
a) the goods for
exchange are provided to the Seller within no more than fourteen days,
excluding the day of purchase;
b) the product can be replaced if it has never been used, does not contain traces of use and if its appearance, consumer properties, seals, labels, films are preserved, the integrity of the packaging of both the product itself and its accessories is not violated;
с) the product does not contain scratches, chips, wear and tear,
it is fully functional;
d) the full
completeness of the sold product is preserved;
e) the goods can
be replaced upon presentation by the Buyer of the settlement document issued to
the Buyer together with the sold goods.
7.2. In the
event that the goods do not meet the conditions specified in paragraphs a) — e)
item 7.1. The seller has the right to refuse to exchange the product.
7.3. Transport
costs for the delivery of the Goods in case of exchange under clause 7.1. rely
on the Buyer.
7.4. When exchanging a
product, its warranty period is calculated again on the day of exchange.
7.5. If, at the time of
exchange, a similar product is not available for sale, the buyer has the right
to either purchase any other product from the available assortment with a
corresponding recalculation of the cost, or terminate the contract and receive
money back in the amount of the value of the returned product, or exchange the
product for a similar product at the first receipt of the corresponding product
for sale.
8.
Rights and duties
8.1.
The buyer is obliged:
а) get acquainted with the information about the product, which is posted
on the seller’s website;
b)
place an order on the website yourself;
c)
timely pay and receive the order from the Carrier under the terms of this
contract;
d)
when receiving the goods from the carrier, make sure of its integrity and
completeness by inspecting the contents of the package. In case of
damage and incomplete equipment, record them in the act, which must be
signed by the carrier’s employee together with the Buyer.
8.2.
The buyer has the right to demand from the online store compliance
with the terms of this contract.
8.3.
Internet – the store is obliged:
a)
comply with the terms of this agreement;
b)
deliver the goods to the Buyer in accordance with the selected
sample located in the online store, the completed order and the terms of
this contract;
c)
the online store is not responsible, cannot act as a defendant in
court and does not compensate for losses incurred by the Buyer due to the
actions or inaction of third parties.
8.4.
Internet – the store has the right:
а) to unilaterally terminate the provision of services under this
Agreement in the event of the Buyer’s violation of the terms of this
Agreement. Procedure for acceptance of goods by the Buyer
9. Procedure for receiving goods by the Buyer
9.1.
When receiving the Goods at the warehouse of the carrier, from the courier
or the seller, the buyer is obliged to check the external integrity of the
package, after which open it and directly verify the proper
external condition of the Goods (absence of mechanical damage) and the
completeness of its completeness.
9.2.
In case of presence of at least one of those listed in clause
9.1. Contract defects, the Buyer is obliged to record it in a
written deed of arbitrary form. The act must be signed by the Buyer and an
employee of the carrier or the Seller. Within 1 (one) day from the moment
of signing the Act, the Buyer is obliged to inform the manager (the
representative of the Seller responsible for placing the order for the
goods) about the detected defects and agree on the replacement of the
goods.
9.3.
The parties agreed that in the event of non-compliance with the mandatory
requirements of the specified procedure, the Buyer acknowledges receipt of
the Goods in proper condition — without any mechanical damage and in full
completeness.
9.4.
In case of discovery during the established warranty period
(expiry period) of significant defects that arose due to the fault of the
manufacturer of the goods (seller), or falsification of the goods,
confirmed by the conclusion of the examination, the Buyer, in the manner
and within the terms established by the warranty obligations of the
manufacturer of the Goods, taking into account of the terms of the
contract-offer has the right to demand from the seller at its own
discretion:
9.4.1.
termination of the contract and return of the amount paid for the Goods;
9.4.2.
replacement of the product with the same product or with a similar product
from among those available at the Seller.
9.5.
In such a case, upon confirmation by the Seller of significant defects in
the Goods and upon the Buyer’s declaration of will, the paid funds shall
be returned to the latter for the specified details within 7 (seven)
calendar days after the return of the goods.
9.6.
In cases of replacement of low-quality goods, the payment of the carrier’s
services is carried out at the expense of the seller.
9.7.
In any case, the return of the Product must take place in the
original packaging in which the Product arrived, preserving the product’s
appearance and consumer qualities.
9.8.
All issues not regulated by this Offer Agreement, related to the order,
conditions of warranty repair or replacement of the Product when
defects are detected during the warranty (suitability) period, are
regulated in accordance with the warranty obligations specified by the
manufacturer of the relevant Product, and in the event that the
manufacturer does not establish such warranty obligations – in accordance
with the current legislation.
10. Responsibilities of the parties
10.1. The parties are responsible for non-fulfillment
or improper fulfillment of the terms of this Agreement in the manner
provided for by this Agreement and the current legislation.
10.2. In case of force majeure, the parties are
exempted from fulfilling the terms of this Agreement. Circumstances of
force majeure for the purposes of this Agreement are understood to be
events of an extraordinary, unavoidable, unpredictable nature that exclude
or objectively prevent the performance of this Agreement, the occurrence
of which the Parties could not foresee and
prevent by reasonable measures.
10.3. The party referring to force majeure must notify
the other party of the occurrence of such circumstances in writing by
e-mail within five calendar days.
10.4. If, due to force majeure, non-fulfillment of
obligations under this Agreement continues for more than five months, each
of the Parties has the right to unilaterally terminate this Agreement by
notifying the other party in writing.
10.5. The parties shall
make every effort to resolve any disagreements exclusively through
negotiations.
11. Miscellaneous
11.1.
The online store reserves the right to unilaterally make changes to this
Agreement with prior publication on the
website “https://leather-hm.online”.
11.2. Internet — the store was created to organize a
remote method of selling goods via the Internet.
11.3.
The online store is not responsible for the content and accuracy of the
information provided by the Buyer when placing an order.
11.4. The buyer is responsible for the accuracy of the
information specified when ordering information.
11.5. Payment by the Buyer of the order made in the
Internet — store means the Buyer’s full agreement with the terms of the
Purchase — Sale Agreement (public offer of the Internet — store) and is
the date of conclusion of the Purchase — Sale Agreement between the Seller
and the Buyer.
11.6. The use of the online store resource to view the
product, as well as to place an order, is free of charge for the Buyer.
11.7. The information provided by the Buyer is
confidential. The online store uses information about the Buyer
exclusively for the purpose of functioning of the online store (sending a
message to the Buyer about order fulfillment, sending advertising messages,
etc.).
11.8. By
accepting the Agreement or registering on the
website “https://leather-hm.online” (filling out the registration form),
the Buyer voluntarily consents to the collection and processing of his
personal data in the registered database of the Seller “Counterparties”
with the following purpose: data that become known to be used by the
seller for commercial purposes, including for processing orders for the
purchase of goods, receiving information about the order, transmitting by
means of telecommunications (e-mail, mobile communication) advertising and
special offers, information about promotions, raffles or any – any other
information about the store’s activities. For the purposes provided for in
this clause, the Seller has the right to send letters, messages and
materials to the Buyer’s postal address, e-mail, as well as send sms
messages, make calls to the number indicated in the application form.
11.9. The
Buyer gives the Seller the right to process his personal data,
including: to place personal data in the Buyer’s databases (without
additional notice to the Participant), to carry out lifelong storage of
data, their accumulation, updating, change (as necessary). The buyer
undertakes to ensure data protection against unauthorized access by third
parties, not to distribute or transfer data of any third party (except for
the transfer of data to related parties, commercial partners, persons
authorized by the Seller to carry out direct data processing for the
specified purposes, and also at the mandatory request of the competent
state body).
11.10. In case of unwillingness to receive the
newsletter, the Buyer has the right to contact the Seller by writing a
statement on refusal to receive advertising materials, sending it to the
postal or e-mail address.
12. Term of validity of this contract
12.1. This agreement enters into force from the day of
placing an order or registration in the online store
“https://leather-hm.online” and is valid until all terms of the agreement
are fulfilledd) execution and transfer of the order to the ownership of the
Buyer under the terms of this contract.