Contract-offer for the purchase of goods through an online store

This agreement is a public agreement-offer (offer) "FLP Stadnik Sergey Sergeevich" with an individual (hereinafter referred to as the "buyer"), which includes all essential conditions for organizing the purchase and sale remotely (i.e. through an online store). The terms of this Agreement regulate the relationship between the seller and the buyer and are subject to regulation, among other things, by the law of Ukraine "on consumer rights protection" No. 1023-XII of May 12, 1991, the Civil Code of Ukraine No. 435-IV1 of 16.01.2003, the law of Ukraine "on electronic commerce" No. 675-VIII of 03.09.2015. When entering into an agreement under this offer, the parties are also guided by the information referred to by the clauses of the agreement, which is an integral part of the agreement. The offer is an official document of "FLP Stadnik Sergey Sergeevich" and has the necessary legal force and is published on the seller's website aesthetic-life-brand.com
The terms of this Agreement regulate the relationship between the seller and the buyer and are subject to regulation, among other things, by the law of Ukraine "on consumer rights protection" No. 1023-XII of May 12, 1991, the Civil Code of Ukraine No. 435-IV1 of 16.01.2003, the law of Ukraine "on electronic commerce" No. 675-VIII of 03.09.2015.
When entering into an agreement under this offer, the parties are also guided by the information referred to by the clauses of the agreement, which is an integral part of the agreement.
The offer is an official document of "FLP Stadnik Sergey Sergeevich" and has the necessary legal force and is published on the seller's website aesthetic-life-brand.com
Terms and definitions
1.1." online store "– a means for presenting or selling goods, by making an electronic transaction - a site owned by the seller"FOP Stadnik Sergey Sergeevich". and is located at aesthetic-life-brand.com created for the conclusion of purchase and sale agreements on the basis of familiarization of the buyer with the proposed seller, the description of the product on photographs and its characteristics, using the Internet, which excludes the possibility of direct familiarization of the buyer with the product – a remote means of selling the product.
1.2. "product" - items offered for sale in the online store, or already purchased by the buyer from the seller remotely
1.3. seller - " FLP Stadnik Sergey Sergeevich
Tax number: 3632013231
An order is the result of reaching agreements between the buyer and seller regarding the models, quantity of the product, the total cost to be paid under the contract, the buyer's payment method for the order, the method of delivery of the product, and the term of execution of the contract.
1.5. request-written (electronic) or oral (telephone) expression of the buyer's intention to purchase the goods. It can be designed by using the special "shopping cart" menu on the site
1.6. buyer-a legal entity, individual entrepreneur, individual, citizen of Ukraine who has the necessary legal capacity to conclude this Agreement
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 fact of making an order is a fact of unconditional acceptance of this offer and consent to all the terms of this Agreement.
2.3.the date of conclusion of the agreement is the date of payment by the buyer for the order.
Order processing procedure.
3.1. the buyer independently places an order on the site or by contacting the seller's representative in the online store, choosing the method available on the site, namely: by using the special "shopping cart" menu on the site;
3.2.after receiving the order, it is formed by preparing the goods for transfer (sending) to the buyer.
3.3.the amount of money to be paid for the order is displayed in the "shopping cart" menu on the website.
3.4.after receiving the order by the seller, the buyer is sent (in electronic form) an invoice for payment of the order with the seller's details or is offered to pay the invoice on the site using modern online payment methods directly on the seller's website.
3.5.if the goods ordered by the buyer are not available from the seller, the seller has the right to exclude such goods from the order, or cancel the order by sending an electronic message to the buyer at the email address specified during registration or informing the buyer about it.
Order Payment procedure.
4.1. the buyer can pay for the order in the following ways (which are also available for review in the corresponding section "payment and delivery" on the website)
1) with a Visa or MasterCard card of any bank in Ukraine and around the world using LiqPay.
2) other methods specified on the site.
4.2.when placing an order, the buyer pays 100% of the cost of the goods in favor of the seller.
4.3. payment for delivery of the Goods is made upon receipt of the goods. (Applies only to delivery in Ukraine.
4.4.if you order delivery outside of Ukraine, payment for delivery is made when placing the order.
Term, cost and terms of delivery of the product (order)
5.1. delivery and return of the order is carried out by the seller or the transport company at the buyer's expense, which is regulated on the website in the section "payment and delivery", additionally agreed upon when placing the order.
5.2.the cost of delivery in the online store is indicated on the website in the section "payment and delivery" and depends on the current tariffs of the carrier.
Obligations Of The Seller.
The seller must
6.1. comply with the terms of this Agreement.
6.2.fulfill the buyer's order if such an order is accepted and the corresponding goods are available and payment is received from the buyer in accordance with the procedure established by this Agreement.
6.3.transfer the goods to the buyer in accordance with the order, provided that the buyer fulfills the terms of this Agreement.
6.4. check the qualitative and quantitative characteristics of the product during its packaging.
Buyer's Responsibilities:
7.1. before placing an order, the buyer undertakes to:
7.1.1.read the product information posted on the site and its availability.
7.1.2.read and accept the terms of this Agreement or refuse to place an order if the terms of the agreement are not acceptable.
7.2. after placing the order, the buyer undertakes to:
7.2.1.pay the cost (price) of the goods in accordance with the procedure and terms specified in the order.
7.2.2. accept the product selected in the order.
7.2.3. upon receipt of the goods, make sure that they are complete by examining the contents of the package. In case of detection of a shortage of goods or their damage – record them in the Act, which together with the buyer must be signed by the person directly carrying out the delivery.
7.2.4.after payment of the order, it is forbidden to change the order if more than 2 units of goods are purchased.
Procedure for accepting and replacing goods
8.1. upon receipt of the goods, the buyer must verify their integrity and completeness by examining the contents of the package. In case of detection of defects/damages, defects – record them in the Act, which together with the buyer must be signed by the person directly carrying out the delivery. If possible, the shortcomings should be recorded by means of photo or video shooting. Within 1 (one) day from the date of receipt of the goods, the buyer is obliged to inform the manager (the seller's representative responsible for placing an order for the Goods) about the identified defects (damage/incomplete equipment) and agree on the replacement of the goods.
8.2.the parties have agreed that in case of non – compliance with the mandatory requirements of this procedure, it is recognized that the buyer receives the goods in proper condition-without any damage or defects.
Liability of the parties.
9.1.the parties are responsible for non-fulfillment or improper fulfillment of the terms of this agreement in accordance with the procedure provided for in this Agreement and the current legislation of Ukraine.
9.2.the seller is not responsible for the appearance of the product that has not been significantly changed by the manufacturer (accessories, shade of materials, print on fabric).
9.3.in case of force majeure circumstances, the parties are released from fulfilling the terms of this Agreement. Force majeure circumstances for the purposes of this treaty are defined as events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively hinder the performance of this treaty, the occurrence of which the parties could not have foreseen and prevented by reasonable measures.
9.4.the party referring to the force majeure circumstances must notify the other party in writing by e-mail within five calendar days of the occurrence of such circumstances.
9.5.the party referring to the force majeure circumstance must provide an appropriate certificate from the Chamber of Commerce and industry of Ukraine.
9.6.the parties make every effort to resolve any differences exclusively through negotiations.
Other conditions
10.1. the online store reserves the right to unilaterally amend this agreement with its preliminary publication on the site
10.2.the online store was created to organize a remote method of selling goods via the Internet.
10.3.the online store is not responsible for the content and truthfulness of the information provided by the buyer when placing an order.
10.4.the buyer is personally responsible for the accuracy of the information provided when placing the order.
10.5. full and unconditional acceptance of this public offer in accordance with article 642 of the Civil Code of Ukraine is the fact that the buyer has paid the amount of money for the order placed in the online store.
10.6.the contract concluded by the buyer through acceptance of this public offer has legal force in accordance with article 642 of the Civil Code of Ukraine and is equivalent to the contract signed by the parties. Acceptance of this public offer means that the buyer fully agrees to the terms of this purchase and sale agreement (public offer of the online store).
10.7.the agreement is concluded using information and telecommunications systems and is considered concluded in writing.
10.8.the use of the online store's resource for viewing the product, as well as for placing an order, is free of charge for the buyer.
10.9. 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 notification to the buyer about order fulfillment, sending advertising messages, etc.).
10.10.by its own acceptance of the contract or by making an application, the buyer voluntarily agrees to the collection and processing of its own personal data for the following purposes: the data that becomes known to the seller will be used for commercial purposes, including processing orders for the purchase of goods, obtaining information about the order. For the purposes provided for in this paragraph, the seller has the right to send letters, messages and materials to the buyer's postal address, email address, as well as send sms messages, make calls to the phone number specified in the questionnaire.
10.11. the buyer gives the seller the right to process his personal data, including: use personal data from the buyer's database (without additional notification to the buyer about this), carry out lifetime storage of data, their accumulation, updating, modification (as necessary). The buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to 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 these purposes, as well as to a mandatory request from the competent state authority).
10.12.in case of unwillingness to receive the newsletter, the buyer has the right to contact the seller by writing an application for refusal to receive advertising materials, sending it to the postal or email address.
10.13.the buyer confirms that he has been notified of the procedure and conditions for processing his personal data.
10.14. products may differ from their images in the online store and may not meet the buyer's expectations, if they differ from the information provided on the site.
10.15. this agreement is an accession agreement in accordance with article 634 of the Civil Code of Ukraine. 
10.16. claims may be sent to the seller's address.
Term of the agreement and procedure for its termination
11.1.this agreement comes into force from the moment the buyer accepts (receives payment to the seller's account) and is valid until the parties fully fulfill their obligations, except in cases of its early termination.
11.2.before the expiration of the term of validity, this Agreement may be terminated by mutual agreement of the parties, drawn up in writing.
11.3.the parties have the right to terminate this agreement unilaterally, if one of the parties does not fulfill the terms of this Agreement and in cases stipulated by this Agreement and the current legislation of Ukraine.
Features of ordering by legal entities and individuals
12.1.if the order is made not for the purpose of meeting personal needs that are not directly related to business activities or performing the duties of an employee, the law "on consumer rights protection" will not apply to the buyer.
12.2.in case of purchase of goods at a wholesale price, it is considered that such purchase is carried out for the purpose of conducting economic activities and provides for the impossibility of returning goods of proper quality in accordance with the current provisions of the Civil and economic codes. Only those products that have significant defects caused by the manufacturer are subject to return.
12.3. refund of funds in cases specified in clause 12.3. is made without taking into account the bank Commission. 
12.5.in the case of purchasing goods at a retail price, the relationship between the seller and the buyer is regulated by the law "on consumer rights protection".
12.6.to conclude a long-term delivery contract, please contact the seller at the email address or phone number indicated on the seller's website in the "Contacts"section.