Public offer agreement

Definition of terms:

Seller – an individual entrepreneur O.M. Logvinova, TIN 3273511149; e-mail: lookie.shoes@gmail.com.

Site – a website located on the Internet at the address: https://lookie.com.ua, including all its web pages.

Product – products, the image and description of which are posted on the Site.

User – a person who uses the Site, including viewing information about the Products.

Buyer – a person who orders or reserves Products using the technical tools of the Site.

Recipient – the Buyer, or the person who receives the Products delivered by the Carrier on behalf of the Buyer.

Order – the Buyer’s request for the purchase of the Products of his choice, properly executed and placed with the help of the Site.

Carrier – individuals and legal entities responsible for the delivery of the Products.

Acceptance – taking actions by the User / Buyer aimed at accepting the terms of this Public Offer Agreement.

Personal account – pages of the Site containing the history of the User’s / Buyer’s orders made using the Site and personal information specified during registration. The personal account of the User / Buyer may also contain other information necessary for the identification of the Buyer and the processing of Orders, the amount of which is determined by the Seller.

 

1. General information

1.1. The information posted on the Site contains the conditions for the purchase of the Products and is a Public Offer Agreement from the Seller, addressed to an unlimited number of persons – Users of the Site.

1.2. Acceptance is the fact of the Buyer’s use of the Site, which is the Buyer’s expressed intention to purchase the Products selected on the Site.

1.3. By acceptance, the Buyer confirms his full and unconditional agreement with all the provisions and rules of this Public Offer Agreement without any exceptions and limitations and confirms that he is familiar with the terms.

1.4. The contract is considered to be concluded from the moment of use by the User / Buyer in any form of the Site (including, but not limited to, placing an Order by the Buyer).

 

2. Information about the Product, the price of the Product

2.1. The price of the Product is indicated on the Site in the appropriate section at the time of placing the Order and does not include the cost of delivery.

2.2. The Seller has the right to change the price of the Products without warning. However, the Seller does not have the right to change the price of the ordered Products after the Order has been accepted by the Seller and the Buyer has received an electronic message or a phone call or other message confirming the acceptance of the Order.

2.3. The Buyer pays for the Seller’s Services based on this Agreement in the national currency of Ukraine – hryvnias at the official exchange rate of the National Bank of Ukraine established on the date of signing the Agreement. International orders may be paid in other currencies, depending on the Buyer’s country.

2.4. The information posted on the website https://lookie.com.ua is exclusively informative.

 

3. Order processing procedure

3.1. The Buyer must independently place an Order for any Product that is available for order on the Site.

3.2. If the ordered product is not available, the Seller’s representative is obliged to notify the Buyer of this information using the means of communication left by the Buyer when placing the Order on the Site.

3.3. If the ordered product is not available, the Buyer has the right to replace it with a product of a similar model or cancel the Order.

3.4. The buyer has the right to cancel the order within 48 hours after placing the order.

3.5. From the moment of acceptance of the Order, the Seller reserves the selected Product for the Buyer for 24 hours. If the Product has not been paid for by the Buyer within 24 hours from the moment of placing the Order, the reservation for such goods is removed, and the Buyer is considered to have refused the Order (canceled the order).

3.6. The Product must be fully paid for by the Buyer before the Seller delivered them.

3.7. When paying for the Products, the Buyer is obliged to inform the Seller about the payment of the corresponding order number by sending a message to the email or the phone number indicated on the Site. Otherwise, the Seller is not responsible for a possible delay in the delivery of the Products to the Buyer due to additional time spent on identifying the payment.

3.8. If the Order is canceled by the Buyer or rejected by the Seller, the paid price of the Products will be refunded, and the funds already spent on delivery shall not be refunded.

3.9. In case of cancellation of the Order or return of the Products, the money paid by the Buyer shall be returned only after the Seller has received the Products.

3.10. Refunds to the Buyer are made within 30 (thirty) calendar days from the moment the Seller receives the returned Products by transferring funds to the account from which the payment was made by the Buyer, or to another account specified by the Buyer in writing or electronically.

 

4. Delivery of the Products

4.1. Delivery of Products ordered on the Site is carried out by Carrier on the territory of Ukraine and the world following the conditions specified on the Site in the “Payment and delivery” section or by self-delivery. The cost of delivery by Carrier is paid by the Buyer separately and is not included in the price of the Products.

4.2. The Seller undertakes to hand over the Product to the Carrier for delivery within 3 weeks from the moment of receipt of the Order. If there are circumstances that make it difficult to fulfill the Order, the deadline for delivery can be extended by the Seller for up to 5 weeks. The delivery of the Products is carried out within the terms specified by the Carrier. The Seller is not responsible for meeting delivery times.

4.3. Upon receipt of the Product, the Buyer is obliged to check the Product, its quantity, quality, assortment, and completeness. In case of detection of inconsistencies on the spot, submit claims to the Carrier. Claims of the Buyer regarding visible defects of the Product, its completeness, and quality are not accepted after acceptance of the Product.

4.5. If the delivery of Orders is carried out by the Carrier through the Acceptance of this Agreement of a public offer, the Buyer fully and unconditionally agrees to the Rules of transportation of goods of the Carrier. The terms of such Rules can be found on the websites of the respective Carrier.

4.6. The risk of accidental damage to the Products passes to the Recipient from the moment the Order is handed over to him and the documents confirming the delivery of the Order are signed by the Recipient.

 

5. Return of the Products

5.1. Return of goods of appropriate quality.

5.1.1. The return of Products of appropriate quality is carried out following the Law of Ukraine “On the Protection of Consumer Rights” No. 1023-XII dated 05.12.1991 (with amends).

5.1.2. The Buyer has the right to refuse the Products of the appropriate quality within 14 (fourteen) days from the moment of receiving Products only on the condition that the product type, consumer properties of the Products, factory packaging, labels, and settlement document (electronic document, receipt, commodity or cashier’s check, coupon) are preserved or another document confirming the receipt of funds, indicating the date of settlement.

5.1.3. The return of the Products of the appropriate quality, the delivery of which was carried out by the Carrier, is carried out at the expense of the Buyer.

5.2. Return of goods in case of inadequate quality.

5.2.1. Shoes sold by the Seller have a warranty period of 30 (thirty) calendar days from the date of sale. If defects are detected during the established warranty period, the consumer has the right to demand following the procedure established by the Law of Ukraine “On the Protection of Consumer Rights”:

1) proportional price reduction,

2) free-of-charge elimination of product defects within a reasonable period of time;

3) reimbursement of expenses for the elimination of product defects.

5.2.2. In case of return of Products that have a significant defect following the Law of Ukraine “On the Protection of Consumer Rights” No. 1023-XII of 12.05.1991 (with amends), the delivery of which was carried out by Carrier, the Seller will return the money to the Buyer within 30 (thirty) calendar days from the moment of receipt of the returned goods. The costs associated with the delivery of such Products by the Carrier are covered by the Buyer.

 

6. Rights and obligations of the Seller

6.1. The Seller has the right to:

6.1.1. Unilaterally suspend the sale of Products and delivery services (refuse to place an order/sale and delivery of Products) in the event of a breach by the Buyer of the terms of the Public Offer Agreement;

6.1.2. At its discretion, unilaterally change the price of the Products. In any case, the price of the Products in Orders already confirmed by the Seller remains unchanged;

6.1.3. If the Products ordered by the Buyer are not available, the Seller has the right to exclude the specified Products from the Order / cancel the Order, necessarily informing the Buyer of this by sending a corresponding message to the email address specified by the Buyer during registration or by calling the phone number specified by the Buyer.

6.1.4. At its discretion, make changes to the terms of the Public Offer Agreement by publishing it in a new edition on the Site. Changes enter into force from the moment of their publication, unless a different term for the entry into force of changes is additionally determined at the time of their publication.

6.1.5. Post on the Site information about advertising activities and marketing activities that are or will be conducted by the Seller and/or third parties – the Seller’s partners. Also, following the terms of this Public Offer and the Privacy Policy, send emails to users’ email addresses with information about news, advertising events, marketing activities, and other commercial offers from the Seller.

6.1.6. Organize the delivery of Orders, involving third parties in providing delivery services.

6.2. The Seller undertakes:

6.2.1. Execute properly confirmed Orders;

6.2.2. Deliver the Products following the issued Orders and the terms of the Public Offer Agreement;

6.2.3. Check the quantitative and qualitative characteristics of the Product during its packaging and preparation for delivery;

6.2.4. In no way disclose information about personal data of Users and Buyers, passwords, and other access data following the Privacy Policy posted on the Site;

6.2.5. Allow each User to refuse to receive advertising materials and other commercial offers of the Seller, which are sent to the email address specified when registering on the site or placing an order.

 

7. Rights and obligations of the User / Buyer

7.1. The User / Buyer has the right to:

7.1.1. Choose Products, complete and send Orders, using relevant pages of the site.

7.1.2. To require the Seller to fulfill the conditions and obligations provided for in this Public Offer Agreement;

7.1.3. Refuse to receive advertising materials and other commercial offers of the Seller sent to the User’s / Buyer’s email address.

7.2. The buyer undertakes:

7.2.1. To read all terms and conditions before the Acceptance of this Public Offer Agreement;

7.2.3. Get acquainted with the information about the Product (its description), which is posted on the Site, before the Order is placed and sent;

7.2.4. Duly pay for and receive the Order issued following the terms of this Public Offer Agreement;

7.2.5. When placing an Order, provide the Seller with all the information necessary for the delivery of the Order. The Buyer bears full responsibility for providing false information, which entails the impossibility of the Seller properly fulfilling its obligations to the Buyer.

7.2.6. Upon receipt of the Order, ensure the integrity and completeness of the Products by reviewing the contents of the Order. If the Products are damaged or incomplete, record all differences in the Act, which must be signed by the person who delivered the Order together with the Buyer.

7.2.7. To read the Rules for the transportation of goods by Carrier before placing the Order.

 

8. Liability of the parties. Dispute resolution procedure.

8.1. The Seller is not responsible for the quality of public communication channels and possible interruptions in the data transmission network (including, but not limited to, the global Internet), which are used to access the Site.

8.2. Any complaint of the Buyer must be made in writing. The Seller will take all necessary measures to satisfy the Buyer’s complaint if such a complaint is justified and formalized following the current legislation of Ukraine.

8.3. All disputes arising from this Agreement or in connection with it, including those related to its implementation, violation, termination, or invalidity, are subject to resolution in the appropriate court following the substantive and procedural law of Ukraine.

 

9. Force majeure

9.1. The parties are released from responsibility for untimely or improper performance of their obligations if such non-performance was the result of extraordinary circumstances, the occurrence of which is not related to the will of the parties, such as military actions, strikes, riots, accidents, natural disasters, changes in the legislation of Ukraine, as well as other extraordinary circumstances that arose after the conclusion of this Agreement and directly affect the fulfillment of the terms of this Agreement and which the Parties could neither foresee nor prevent.

9.2. The Party for which it became impossible to fulfill its obligations due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, as well as provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days. Such confirmation will be a corresponding document issued by the authorized Chamber of Commerce and Industry of Ukraine or another duly authorized state body located at the place of occurrence of force majeure circumstances.

 

10. Precautions regarding the collection and processing of personal data

10.1. Upon acceptance of the contract, the Buyer gives his consent to the collection and processing of personal data following the Law of Ukraine dated June 1, 2010 No. 2297 – VI “On the Protection of Personal Data”.

10.2. Any information received from the Buyer will never and under no circumstances be provided to third parties, except for cases provided for by the current legislation of Ukraine.

10.3. The information provided by the Buyer is used to process the Order, as well as to provide the Buyer with commercial offers from the Seller.

10.4. To provide the Buyer with information about the goods posted on the Site, the Seller can send informational messages to the email address specified during registration/purchase.

 

11. Other

11.1. The provisions of the current legislation of Ukraine apply to the relationship between the Buyer and the Seller.

11.2. The photos of the Product contained on the website pages may differ from the actual appearance of the Product. Product descriptions and characteristics can be not complete and may contain typographical errors. To clarify information about the Product, the Buyer should contact the phone number indicated on the Site.

11.3. The Seller can make audio recordings of conversations on the phone indicated on the Site using the appropriate telecommunications equipment, provided that Users are notified of the fact of audio recording using a verbal warning. Such recording may be carried out to improve the quality of service provision, etc. The Seller is guided by the statement that the User / Buyer, who does not agree to the audio recording of the conversation, has the option not to continue communicating with the operator after receiving a notification about the audio recording.