Public offer agreement
Definition of terms: IP Logvinova E. M. – INDIVIDUAL ENTREPRENEUR LOGVINOVA ELENA MIKHAILOVNA, TIN 3273511149; email: email@example.com. Site - a website hosted on the Internet at: https://www.lookie.com.ua/, including all its web pages. Goods - goods, images and / or descriptions of which are posted on the Site.
Public offer - a public offer of IP Logvinova E.M. for an unlimited circle of persons about the conclusion of an electronic contract for the sale of Goods on certain IP Logvinova E. .M. conditions. User/Buyer - a person who views information on the Site and/or orders and/or receives and/or reserves Goods using the technical tools of the site. Recipient - the Buyer, or a person who, on behalf of the Buyer, actually receives the Goods that were delivered by the carrier company.
Order - a users request duly executed and placed using the site to purchase the Goods he has chosen.
Acceptance is the performance by the User of actions aimed at accepting the terms of this Public Offer.
Registration is the completion by the User of the appropriate form on the Site indicating the data necessary for identification.
Personal account - a page of the site containing the history of the orders of the User / Buyer made using the site and personal information specified during registration. The Buyers personal account may also contain other information necessary to identify the User/Buyer and place orders, the volume of which is determined by IP Logvinova E.M. independently.
1. General provisions
1.1. The information posted on the Site contains the conditions for the purchase of the Goods and is a public offer of IP Logvinov E.M., addressed to an unlimited circle of persons - users of the Site.
1.2. Acceptance is the fact that the User/Buyer uses the Site, which is the expressed intention of the User/Buyer to purchase the Goods selected on the Site.
1.3. By accepting, the User / Buyer confirms his full and unconditional agreement with all the provisions and rules of this Public Offer without any exceptions and limitations, and confirms that he is familiar with the conditions.
1.4. The Agreement is considered concluded from the moment the Buyer uses the site in any form (including, but not limited to, the Buyer placing an Order).
2. Information about the Goods, the price of the Goods
2.1. The price of the Goods is indicated on the Website in the relevant 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 goods unilaterally without notice. However, the Seller has no right to change the price of the ordered Goods after the order has been accepted by the Seller, and the Buyer has received an email or a phone call or other telephone message confirming the acceptance of the Order.
2.3. The cost of the goods presented on the Site is indicated including VAT and is paid in the national currency - hryvnia.
2.4. The information posted on the site https://www.lookie.com.ua/ is for informational purposes only.
3. Procedure for placing an Order
3.1. The User / Buyer must independently place an order for any product that is available for ordering on the site.
3.2. In the absence of the ordered goods, the representative of IP Logvinova E.M. is obliged to bring this information to the attention of the User/Buyer using the means of communication left by the User/Buyer when placing an order on the Site.
3.3. In the absence of the ordered product, the User/Buyer has the right to replace it with a Product of a similar model or cancel the Order.
3.4. The User/Buyer has the right to cancel the order.
3. 5. From the moment of accepting the Buyers Order, the Seller reserves the selected Goods for the Buyer for 24 hours. If within 24 hours from the moment of placing the Order, the goods were not paid by the Buyer, the reservation for such goods is canceled, and the Buyer is considered to have refused the Order (cancelled the order).
3. 6. The goods must be fully paid for by the Buyer until the moment of its transfer by the Seller. Lack of timely payment or payment for the Goods not in full does not create any obligations to the Seller (including booking the Goods for the Buyer).
3. 7. When making payment for the Goods, the Buyer is obliged to inform the Seller about the payment of the corresponding order number by sending an e-mail to e-mail, or other telephone message to the phone number indicated on the Site. Otherwise, the Seller is not responsible for the possible delay in the delivery of the Goods 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 cost of the Goods is refundable, and the funds already spent on delivery until the Order is canceled by the Buyer are not refundable.
3.9. If the Order is canceled or the Goods are returned by the Buyer, the funds paid by the Buyer shall be refunded only after the Goods have been received by the Seller.
3.10. The refund to the Buyer is carried out within 30 (thirty) calendar days from the date of receipt by the Seller of the returned Goods 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 Goods
4.1. Delivery of goods ordered on the Site is carried out by delivery services across the territory of Ukraine in accordance with the conditions specified on the Site in the "Payment and Delivery" section or by pickup. The cost of delivery by delivery services is paid by the Buyer separately and is not included in the price of the Goods.
4.2. The Seller undertakes to transfer the Goods to the delivery service for delivery or prepare it for delivery to the Buyer at the Sellers retail store within 2 (two) working days from the receipt of the Order. If circumstances arise that make it difficult to fulfill the Order, the delivery time may be extended by the Seller up to 5 (five) business days. Delivery of the Goods is carried out within the terms determined by the delivery service. The seller is not responsible for compliance with the terms of delivery by the delivery service.
4.3. Upon receipt of the Goods, the Buyer is obliged to check the Goods, their quantity, quality, assortment and completeness. In case of discrepancies found on the spot, file a claim with the delivery service. Claims of the Buyer to visible defects of the Goods, its completeness and quality are not accepted after receipt / acceptance of the Goods by the Buyer.
4.4. The fact of receipt/acceptance of the Goods by the Buyer is the payment for the Goods.
4.5. In the event that the delivery of Orders is carried out by delivery services (hereinafter referred to as the "Companies - carriers"), by Accepting this Public Offer, the Buyer fully and unconditionally agrees with the Rules for the carriage of goods of the Companies - carriers. The terms of such Rules can be found on the websites of the respective carrier companies.
4.6. The risk of accidental damage to the Goods passes to the Recipient from the moment the Order is transferred to him and the documents confirming the delivery of the Order are signed by the Recipient.
5. Return of Goods
5.1. Return of the Goods of the corresponding quality.
5.1.1. The return of the Goods of the appropriate quality is carried out in accordance with the Law of Ukraine "On the Protection of Consumer Rights" No. 1023-XII dated 12.05.1991 (as amended and supplemented).
5.1.2. The Buyer has the right to refuse the Goods of the appropriate quality within 14 (fourteen) days from the date of receipt of the Goods solely on condition that the presentation, consumer properties of the Goods, factory packaging, labels and payment document (electronic document, receipt, sales or cash receipt, ticket , coupon or other document confirming the fact of receipt of funds, indicating the date of settlement).
5.1.3. The return of the Goods of the appropriate quality, the delivery of which was carried out by the Carrier Companies, is carried out at the expense of the Buyer.
5.2. Return of goods of inadequate quality.
5.2.1. Footwear sold by IP Logvinova E.M. has a warranty period of 30 calendar days from the date of sale or the start of the season. In case of detection of shortcomings during the established warranty period, the consumer has the right to demand in the manner prescribed by the Law of Ukraine "On Protection of Consumer Rights":
1) a proportional reduction in the price,
2) free elimination of defects in the goods within a reasonable time ;
3) reimbursement of expenses for the elimination of defects in the goods.
5.2.2. In the event of the return of the Goods, which has a significant drawback in accordance with the Law of Ukraine "On the Protection of Consumer Rights" No. 1023-XII dated 05/12/1991 (as amended and supplemented), the delivery of which was carried out by Carrier Companies, IP Logvinova E. M. returns funds within 30 (thirty) calendar days from the date of receipt by the Seller of the returned goods. The costs associated with the delivery of such Goods to the Buyer by the Carrier Company are covered by the Buyer
6. Rights and obligations of IP Logvinova EM
6.1. Sole proprietor E. M. Logvinova has the right:
6.1.1. Unilaterally suspend the sale of Goods and delivery services (refuse to place an order / sale and delivery of goods) in case of violation by the User / Buyer of the terms of the Public Offer;
6.1.2. At its sole discretion, unilaterally change the price of the Goods. In any case, the price of the Goods confirmed by IP Logvinov E.M. of the Order remains unchanged;
6.1.3. In the absence of the Goods ordered by the Buyer, the Seller has the right to exclude the specified Goods from the order / cancel the Buyers Order, without fail notifying the Buyer by sending an appropriate electronic message to the email address specified by the Buyer during registration (or by calling the Call Center operator to the address specified by the User/Buyer phone number)
6.1.4. At its discretion, unilaterally amend the terms of the Public Offer by posting (publishing) it in a new edition on the Site. The changes come into force from the moment they are placed (published), unless another date for the changes to take effect is additionally determined when they are published.
6.1.6. Organize the delivery of Orders, involving third parties in the provision of delivery services.
6.2. IP Logvinova E. M. undertakes:
6.2.1. After confirmation of the Order, execute properly executed and confirmed Orders;
6.2.2. Deliver the Goods in accordance with the placed Order and the terms of the Public Offer;
6.2.3. Check the quantitative and qualitative characteristics of the Goods during its packaging and preparation for delivery;
6.2.5. Provide each User with the opportunity to refuse to receive promotional materials and other commercial offers of IP Logvinova E. M., sent by the latter to the e-mail address specified during registration on the site or placing an order.
7. Rights and obligations of the User/Buyer
7.1. The User/Buyer has the right:
7.1.1. Select Goods, place and send Orders on the relevant pages of the Site.
7.1.2. Require IE Logvinov E.M. to fulfill the conditions and obligations stipulated by this Public Offer;
7.1.3. Refuse to receive promotional materials and other commercial offers of IP Logvinov E. M., sent by the latter to the Users e-mail address.
7.2. The User/Buyer undertakes:
7.2.1. By the time of Acceptance of this Public Offer, familiarize yourself with all its terms and conditions;
7.2.3. To get acquainted with the information about the Goods (its description), which is posted on the Site, until the moment of placing and sending the Order;
7.2.4. Properly pay and receive an Order executed in accordance with the terms of this public offer;
7.2.5. When registering and / or when placing an Order, provide IP Logvinova E. M. with the full information necessary for the delivery of the Order. The User/Buyer is fully responsible for the provision of false information, which entails the impossibility of the proper performance of IP Logvinov E.M. of his obligations to the Client/Buyer.
7.2.6. Upon receipt of the Order, verify the integrity and completeness of the Goods by examining the contents of the Order. In case of damage or incomplete packaging of the Goods, fix all the differences in the Act, which, together with the Buyer, must be signed by the person who delivered the Order.
7.2.7. Familiarize yourself with the Rules for the carriage of goods by Carrier Companies before placing the Order.
8. Responsibility of the parties. Settlement of disputes.
8.1. IE Logvinova E. M. is not responsible for the quality of public communication channels and possible interruptions in the data transmission network (including, but not excluded, the global Internet), through which the Site is accessed.
8.2. Any complaint or claim of the User/Buyer must be made in writing. IE Logvinova E.M. will take all necessary measures to satisfy the complaint/claim of the User/Buyer, if such complaint/claim is justified and executed in accordance with the current legislation of Ukraine.
8.3. All disputes, controversies or claims arising out of or in connection with this Agreement, including those relating to its execution, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with the substantive and procedural law of Ukraine, subject to the conditions of cognizance and jurisdiction.
9. Force majeure
9.1. The parties are released from liability for untimely or improper fulfillment of their obligations if such failure was the result of emergency circumstances, the occurrence of which is not related to the will of the parties, such as hostilities, strikes, disorder, accidents, natural disasters, changes in the legislation of Ukraine, as well as other circumstances of an emergency nature 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 obligations due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be the relevant document issued by the authorized Chamber of Commerce and Industry of Ukraine or other duly authorized state body located at the place of occurrence of force majeure.
10. Caution regarding the collection and processing of personal data
10.1. Upon acceptance of the agreement, the User / Buyer gives his consent to the collection and processing of personal data in accordance with the Law of Ukraine dated June 01, 2010 No. 2297 - VI "On the Protection of Personal Data".
10.2. Any information received from the User/Buyer will never and under no circumstances be provided to third parties, except as provided by the current legislation of Ukraine.
10.3. The information provided by the User/Buyer is used when processing the Order, as well as for providing the User/Buyer with commercial offers of IP Logvinova E.M..
10.4. In order to provide the User/Buyer with information about the Goods posted on the website of IP Logvinova E.M. M can send informational messages to the e-mail address specified during registration/purchase.
10.5. The personal data of the User/Buyer is processed in accordance with the Law of Ukraine dated June 01, 2010 No. 2297 - VI "On the Protection of Personal Data" and the Security Rules specified on the Site.
11.1. The provisions of the current legislation of Ukraine apply to the relationship between the User / Buyer and IP Logvinova E.M.
11.2. Photos of the Goods contained on the pages of the site may differ from the actual appearance of the goods. Descriptions/Characteristics of the Goods do not claim to be complete information and may contain typographical errors. To clarify information about the Goods, the User must contact the phone number indicated on the Site.
11.3. IE Logvinova E. M. can perform audio recording of conversations by phone indicated on the Site using the appropriate telecommunications equipment, provided that Users / Buyers are notified of the fact of audio recording by verbal warning. Such a recording can be made by IP Logvinova E. M. for the latter to exercise his rights and legitimate interests, as well as to improve the quality of services, etc. IP Logvinova E.M. is guided by the statement that the User/Buyer who does not agree with the audio recording of the conversation has the opportunity not to continue communication with the operator after receiving a notification of the audio recording.