PUBLIC AGREEMENT (OFFER)
for order, purchase and sale and delivery of goods
This agreement is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website https://halvanna.com. This agreement is public, that is, 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 procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unscrupulous order and all other terms of the agreement. The Agreement is considered concluded from the moment the “Place Order” button is pressed on the order processing page in the “Cart” Section and the Buyer receives an order confirmation from the Seller in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract of sale and purchase of goods with the Seller remotely (hereinafter referred to as the “Agreement”) on the terms contained in this Offer.
1.2. Goods or Services – 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.
1.2. Online Store – the Seller's website at: https://halvanna.com is created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.3. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to the conduct of entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.4. Seller – FOP Sevastyanenko Anna Volodymyrivna, identification code 2833808409, established and operating in accordance with the current legislation of Ukraine, located at 25/1, Huzara Lyubomyra Street, Dnipro, Ukraine, 49010, Dnipropetrovsk region
2. Subject of the Agreement
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 conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of filling out the order form located on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be drawn up in writing.
3. Ordering
3.1. The Buyer independently places an order in the Online Store through the "Shopping Cart" form or by placing an order by e-mail.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicions about its validity.
3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. last name, first name of the Buyer;
3.3.2. address to which the Goods should be delivered (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 Online Store website.
3.5. If any of the Parties to the contract needs additional information, it has the right to request it from the other Party. In the event of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the Online Store.
3.6. When placing an order via e-mail to the Seller (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this Offer.
3.7. The Buyer accepts the terms of this Offer by entering the relevant data into the registration form on the Online Store website or when placing an Order through the operator. After placing an Order via e-mail, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees with the terms of this offer (offer);
b) he gives permission to collect, process and transfer personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, to be able to make mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
4. Price and Delivery of the Goods
4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnias including VAT.
4.2 Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. At the same time, the price of a single unit of Goods, the cost of which is paid by the Buyer in full, cannot be changed unilaterally by the Seller.
4.3. The cost of the Goods, which is indicated on the website of the Online Store, does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivering the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The Seller may indicate the approximate cost of delivering the Goods to the Buyer's address when the Buyer addresses the Seller with a relevant request by sending a letter to the Seller by e-mail or when placing an order through the operator of the Online Store.
4.5. Payments are made on the terms of 100% prepayment. Payment may be made in a different manner, by separate agreement between the Seller and the Buyer.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the Online Store website in the "Payment and Delivery" section.
4.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or his representative, upon receipt of the Goods, confirms by his signature on the goods receipt/or in the order/or in the transport document for the delivery of the Goods that he has no complaints about the quantity of the Goods, the appearance and completeness of the Goods.
4.10. The ownership right and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5. Provision of a payment document
5.1. After payment, the Buyer receives a fiscal receipt in electronic form to the specified email address or via mobile messages (SMS/Viber).
6. Rights and obligations of the Parties
6.1. The Seller is obliged to:
6.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
6.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided for by law and during the execution of the Buyer's Order.
6.2. The Seller has the right:
6.2.1 To change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the website of the Online Store. All changes shall enter into force from the moment of their publication.
6.3 The Buyer undertakes:
6.3.1 Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
6.3.2 In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
7. Return of Goods
7.1. The Buyer is informed that the Goods purchased under this Agreement are goods of the food group and cannot be returned to the Seller in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights”, included in the List of Goods of Proper Quality that are Not Subject to Exchange (Return).
8. Liability
8.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
8.2. The Seller is not liable for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
8.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
8.4. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters 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 thereof.
9. Confidentiality and protection of personal data.
9.1. By providing their personal data on the website of the Online Store during registration 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 to perform other actions stipulated by the Law of Ukraine "On Personal Data Protection", without limiting the validity period of such consent.
9.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
9.3. The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or failure to fulfill his obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
10. Other conditions
10.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
10.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply for resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
10.3. The Seller shall have the right to unilaterally amend this Agreement, as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
Individual entrepreneur Anna Volodymyrivna Sevastyanenko
Location address: Ukraine, 49010, Dnipropetrovsk region, Dnipro city, st. Huzar Lyubomyra, house 25/1
Taxpayer registration card number 2833808409
Account IBAN:UA983052990000026002050617240
In JSC KB “PRIVATBANK
Bank MFI 305299
e-mail: Halvannna.ua@gmail.com