Public Offer Agreement
1. Terms and definitions
The Public Offer Agreement (hereinafter referred to as the Agreement) is a public agreement, i.e. in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all Purchasers regardless of their status (individual, legal entity, individual entrepreneur). In full understanding of this Agreement, the Purchaser accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for unfair Order and for non-fulfillment of the terms of this Agreement.
The public agreement, a sample of which is posted on okrykbrand.com and the application of which is mandatory for everyone, contains the Seller's offer to purchase the Goods, the image of which is posted on okrykbrand.com, sent to an unspecified group of people, including Purchasers.
- Acceptance means the Purchaser's full and unconditional acceptance of all the terms of the Agreement, without any exceptions and/or restrictions, and is equivalent to the conclusion of a bilateral Sale of Goods Agreement with the Seller, the image of which is posted on okrykbrand.com, by adding it to the virtual shopping cart and sending the Order.
- Goods are a trade item (product, model, accessory, components and related items, any other trade items), the purchase of which is placed on the Website of the Seller's offer.
- Web Visitor is a person who came to the Website okrykbrand.com without the purpose of placing the Order.
- User is an individual, the Web Visitor who accepts the terms of the user agreement and wants to place Orders on okrykbrand.com
- Seller is O.O. Krykun Individual Entrepreneur which operates on the basis of an Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations dated 28.05.2019, registration number 20650000000058374.
- Purchaser is any capable individual, legal entity, individual entrepreneur, according to the current international and Ukrainian legislation, who visited the Website okrykbrand.com and those who intend to purchase particular Goods for their personal, household and other needs that are not related to the implementation of business activities.
- Order is the Purchaser's request for the purchase of the Goods properly executed and posted on okrykbrand.com, addressed to the Seller for the sale and delivery of the selected goods on the Website to the address specified by the customer.
- Online store is the official Website of the Seller O.O. Krykun Individual Entrepreneur, located at the Internet address okrykbrand.com
- Personal account is a page on the Website that contains the history of the Purchaser's orders made using the Website and personal information specified during registration. The Purchaser's personal account may also contain other information necessary for identifying the Purchaser and placing orders, the amount of which is determined by the Seller independently.
2. General provisions
2.1. The information posted on the Website contains the terms of the goods purchase offer and is a public offer addressed to an indefinite number of persons.
2.2. The contractual relationship between the Seller and the Purchaser is formed in the form of the Public Offer Agreement. Placing an order on the Website, placing an order by phone, as well as registration implies familiarization of the customer with these terms and conditions, their understanding, mandatory consent and acceptance.
2.3. In full understanding of this Agreement, the Purchaser accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for unfair Order and for non-fulfillment of the terms of this Agreement.
2.4. The Seller has the right to make changes to these terms and conditions without prior notice. Changes to the terms and conditions take effect after they are published on the Website and apply to any order made after publication.
2.5. Each Party guarantees to the other Party that it has all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement.
3. Subject matter of the Agreement
3.1.The Seller transfers and the Purchaser accepts and pays for the goods on the terms specified herein. Ownership of the ordered goods passes to the Purchaser from the moment the goods are actually transferred to the Purchaser and the latter pays the full price of the goods. 3.2. The period of acceptance of the offer to conclude the Agreement for each individual Item of Goods is the entire period during which such Item of Goods is offered for sale on okrykbrand.com
3.2. The prices of the Goods are determined by the Seller unilaterally and are indicated on okrykbrand.com
3.3. The price of the Goods on the Website does not include the cost of delivery, which depends on the selected method of delivery of the Goods and the delivery address.
3.4. These terms of sale of goods, as well as information about the Goods presented on the Website, are a public offer in accordance with Article 633 of the Civil Code of Ukraine.
3.5. Acceptance of this Offer takes effect from the moment the Seller sends the Purchaser an electronic confirmation of the Order acceptance when the Purchaser places the Order on okrykbrand.com
3.6. This Agreement regulates the purchase and sale of all goods on the Seller's Website.
3.7. The Purchaser agrees that the actual color of the goods may differ from the color of the goods shown in the image in the Online Store, depending on the individual characteristics of the color rendering of such an image by the monitor.
3.8. Product dimensions specified on okrykbrand.com, are approximate and are used so that the Purchaser can get a clearer idea of the model or style, but their full compliance with the actual dimensions of the ordered Goods is not guaranteed. The actual dimensions of the Goods may differ depending on the material from which these Goods are made.
4. Ordering procedure
4.1. The Seller ensures that the Goods presented on the Website are available in its warehouse. The descriptions/characteristics accompanying the Goods are not intended to be exhaustive and may contain typos. To clarify Information about the Goods, the Purchaser should contact the store manager.
4.2. The Purchaser independently places an order for any goods that is available for Order on okrykbrand.com
4.3. The Purchaser's Order can be placed via the Internet, as well as over the phone.
4.4. When placing the Order via the Internet, the Purchaser fills out an electronic Order form on the Website and sends it to the Seller.
4.5. The Purchaser can place the Order by phone by calling the phone number of the Online Store +380991353095. Purchasers' calls from all phone numbers in Ukraine are charged according to the tariffs of their telecom carrier.
4.6. The Purchaser has the right to make changes to its Order before it is sent by the Seller to the courier delivery service by notifying the Seller by phone and/or email.
4.7. If the Goods ordered by the Purchaser are not available in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order cancel the Purchaser's Order, notifying the Purchaser by sending an appropriate email to the address specified by the Purchaser.
4.8. When ordering the Goods, the Purchaser selects the Goods from the range offered by the Seller, specifying, in particular, the size, color, if necessary, providing other specific information and noting the number of ordered Goods.
4.9. The Purchaser is fully responsible for providing incorrect information, which resulted in the inability of the Seller to properly fulfill its obligations to the Purchaser.
4.10. The Seller reserves the right to coordinate the order details with the customer by phone. If it is impossible to contact the customer within 48 hours, the order made by the customer is canceled, and if the customer made a prepayment, the money is returned by the seller to the Bank details from which the payment was made.
5. Goods delivery
5.1. Delivery of goods ordered on the Website is carried out by the delivery service on the territory of Ukraine in accordance with the conditions specified on the Website in "Payment and delivery" section. Delivery is carried out by "Nova Poshta" courier service.
5.2. Together with the orders, the Purchaser is provided with the documents stipulated by the current legislation.
5.3. Upon receipt of the Goods, the Purchaser is obliged to check the goods in terms of quantity, quality, assortment and completeness.
5.4. The fact of acceptance of the Goods by the Purchaser is payment for the Goods.
5.5. Ordered Products can be shipped in form of several separate shipments to the Purchaser depending on the number of goods, their dimensions, compatibility groups, different Sellers, storage location, available payment or delivery methods, the total cost of the cart, and other factors that optimize order fulfillment.
5.6. The Purchaser can choose one of two Goods delivery methods:
- courier delivery to the place specified by the Purchaser (address) – provides for delivery of the goods by courier to the place (address) specified by the Purchaser in the Order;
- delivery to the courier service department - provides for delivery of the Goods to the courier service department specified by the Purchaser in the Order.
5.7. Delivery is considered completed or the order is considered delivered at the moment of signing documents on receipt of the order at the agreed delivery address.
5.8. Delivery is available from Monday to Saturday. Delivery is not possible on Sundays and public holidays.
6.Policy of return and exchange of goods
6.1. The Purchaser has the right to return the goods of proper quality if it does not fit the shape, dimensions, style, color, size or complete set. The Purchaser has the right to exchange the goods of poor quality for similar ones without defects, if it is available, or choose other goods from the range for the same amount within 14 days from the date of purchase.
6.2. The Purchaser has the right to exchange or return the goods of good quality, if they have not been in use, their trade dress (the original packaging, seals, labels), consumer properties, contents of the goods and a document confirming the fact and conditions of purchase (sales or cash receipt) are kept.
6.3. In order to make a return of the goods of proper quality (including due to their exchange), the customer undertakes to carefully pack the goods with all components and a full set of accessories, and attach a copy of the payment receipt.
6.4. The procedure for returning the goods of poor quality is carried out through "Nova Poshta" delivery service. Items must be sent in simple packages (without cash on delivery). Claims for the goods returned by another type of mail will not be accepted.
6.5. The cost of delivery, exchange and return of goods of proper quality is paid by the Purchaser.
6.6. The exchange of the goods for the same model (the same article of the goods) is made without additional payments, regardless of changes in the price of these goods on the Website.
6.7. The money is returned to the Purchaser after receiving the returned Products, processing of the return application with attached documents for the goods duly completed by the Seller and confirming the existence of grounds for return.
6.8. The term and method of refund to the Purchaser is determined by the Seller in accordance with the current legislation.
6.9. The refund is made to the bank details from which the payment for the goods was made by the Purchaser. In case of payment for the product by cash on delivery, the money will be returned to the bank details specified in the customer's application.
6.10. The following items are non-refundable and non-exchangeable:
- Products that were in use.
- Products that were dry-cleaned or washed (products that have the smell of cleaning agents used in dry cleaning or laundry.)
- Products that were used for photo/video shooting.
6.11. The Seller has the right to refuse to return to the Purchaser products that, in the subjective opinion and independent examination, do not meet the requirements in clause 6.7.
7. Order payment
7.1. The order payment is made in the following ways:
- transfer of funds to a PrivatBank card
- cash on delivery at "Nova Poshta" department*
* the transport company charges an additional fee for cash on delivery, i.e. all transport costs and the cost of sending money back are paid by the purchaser, according to the rates of "Nova Poshta".
8. Rights and obligations of the Seller
8.1. To suspend the sale of the Goods (to refuse to place the Order/sale and delivery the goods) unilaterally in case of violation by the User/the Purchaser of the Public Offer terms.
8.2. To change the price of Goods unilaterally at its own discretion. In any case, the price of the Goods of the Order confirmed by the Online Store remains unchanged.
8.4. To organize the delivery of the Orders by involving third parties in the provision of delivery services.
8.5. The Seller undertakes to deliver the Goods in accordance with the completed Orders and the terms of the Public Offer.
8.6. To check the quantitative and qualitative characteristics of the Goods during its packaging and preparation for delivery.
9. Rights and obligations of the User/Purchaser
9.1. To select the Goods, place the Order and send it to the appropriate page on the Website.
9.2. To require the Seller to fulfill the conditions and obligations stipulated in this Public Offer.
9.3. To refuse to receive advertising materials and other commercial offers sent by the Seller to the User's email address.
9.4. To read the information about the goods (their description), which is posted on the Website, before placing and sending the Order.
9.5. To properly pay for and receive the Order made in accordance with the terms of this Public Offer.
9.6. To provide full information to the Seller that is necessary for delivery of the Order when registering and/or placing the Order. The User/the Purchaser is fully responsible for providing false information that can result in the inability to properly fulfill the Seller's obligations to the Purchaser.
9.7. To make sure that the product is integral and complete by examining the contents of the Order when receiving the Order. If the Order is damaged or incomplete - to record all the differences in the Certificate, which must be signed by the person who delivered the Order, together with the Purchaser.
9.8. To read the Rules of cargo transportation of Carrier companies before placing the Order.
10.1. The Parties are released from liability for late or improper performance of their obligations if this was the result of circumstances of an extraordinary nature, the occurrence of which is not related to the will of the Parties, such as military actions, strikes, disorder, accidents, natural disasters, changes in the legislation of Ukraine, as well as other circumstances of an extraordinary 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.
10.2. The Parties are obliged to make every effort to resolve any differences, if any. Disputes between the Parties shall be resolved exclusively through negotiations. Otherwise, the agreement may be declared invalid or terminated.
10.3. The Seller is not liable; cannot act as a defendant in court; does not compensate for losses incurred by the Purchaser due to the actions or omissions of third parties, including a specialized organization that delivers the goods.
11. Intellectual property and personal data
11.1. The intellectual property rights to all software, product marks, and materials provided on or through the Website belong to the Seller and are protected by copyright laws. Their storage, printing, and display are for personal use only. No one other than the Seller has the right to publish, modify, distribute or otherwise reproduce in any format any materials or copies thereof provided or located on the Website, as well as the right to use such materials for any commercial purposes.