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Individual Entrepreneur Drutis Olena, RNOKPP: 2514910687, acting on the basis of an Extract from the Unified Register of Legal Entities, Individual Entrepreneurs and Public Associations (hereinafter - the “Seller”), on the one hand, and any person who when - has accessed Jewelatto.com (hereinafter referred to as the "Website") and has reached the age allowed for acceptance of this Agreement, and has accepted (accepted) this offer (hereinafter - the "User"), on the other hand, and together in the future - "Parties" have entered into this public offer agreement for the purchase of goods through the Online Store (hereinafter - the "Agreement") addressed to an unlimited number of persons who are the official public offer of the Seller to enter into an Agreement with Users, images and information posted in this section. Site.
1.1. A public offer agreement is a public agreement, a sample of which is posted on the Website: Jewelatto.com, which contains the Seller's offer to purchase the product, the image of which is posted on the Seller's Website, addressed to an indefinite number of people, including Users.
1.2. Acceptance is the acceptance by the User of the Seller's offer to purchase the Goods, the image of which is posted on the Seller's Website, by adding it to the virtual basket and sending the Order.
1.3. User is any able-bodied natural, legal person or natural person-entrepreneur under current Ukrainian legislation who has visited the Jewelatto.com Website, agreed to the terms of the User Agreement, and intends to purchase a product offered for sale by the Seller. .
1.4. The seller is Sole proprietor Drutis Olena, RNOKPP: 2514910687, who acts on the basis of an Extract from the Unified Register of Legal Entities, Individual Entrepreneurs and Public Associations, and distributes goods through the Jewelatto.com Website.
1.5. An order is a properly executed and posted on the Seller's Website application of the User for the purchase of Goods addressed to the Seller.
1.6. Legislation is the current legislation of Ukraine, which may be applied to legal relations related to the implementation and / or arising from the implementation of the obligations described in this Agreement.
1.7. The Goods are the products offered by the Seller for sale to Users under the terms of the Agreement and information about which is posted on the Seller's Website.
1.8. Significant defect of the Goods is a defect that makes it impossible or inadmissible to use the goods in accordance with its intended purpose, caused by the fault of the manufacturer and / or Seller, after its elimination manifests itself again for reasons beyond the consumer's control.
2.1. The User is obliged to fully read this Agreement before registering on the Website. Registration of the User on the Website means full and unconditional acceptance by the User of this Agreement. In case of disagreement with the terms of the Agreement, the use of the Website by the User must be terminated immediately.
2.2. The Seller and the Users accept the terms of this Agreement when purchasing the goods, images and information about which are posted on the relevant pages of the Website.
2.3. The contractual relationship between the Seller and the User is made out in the form of a Public Offer Agreement. Implicit actions in the form of clicking on the ordering page on the Ordering button "CONFIRM ORDERS" button, means that the User, regardless of status (individual, legal entity, individual entrepreneur), according to current legislation of Ukraine, has fulfilled the terms of the Agreement public offer, which are specified in this Agreement.
2.4. The Parties hereby agree that if the User is a foreigner, stateless person or foreign legal entity, as well as if the legal relationship under this agreement is complicated by another foreign element, the substantive and procedural law of Ukraine shall apply to these legal relations.
2.5. The contract of public offer is public, ie in accordance with the provisions of Art. 633 and 641 of the Civil Code of Ukraine; its conditions are the same for all Users regardless of their legal status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the User accepts the terms and conditions of ordering, payment and delivery of goods by the Seller, liability for unscrupulous Order and failure to comply with the terms of this Agreement.
2.6. This Agreement is considered concluded from the moment of clicking on the button "CONFIRM ORDERS", which the User agrees to purchase the goods available from the Seller and is valid until the User receives the Goods from the Seller and full payment with him.
2.7. Seller and Users when purchasing goods, images and information about which are posted on the relevant pages of the Website, accept the terms of this Agreement.
3.1. The Seller undertakes to transfer the Goods to the property on the basis and in the manner specified in this Agreement on the basis of the Order placed by the User on the relevant page of the Website, and the User undertakes to accept the Goods and pay for his funds.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to it.
3.3. The Seller and the User confirm that the current Agreement is not a fictitious or fictitious agreement or an agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits to conduct business activities that regulate the scope of legal relations arising and operating in the course of this Agreement, and guarantees that it has the right to sell the goods without any restrictions, in accordance with applicable law of Ukraine.
4.1. The seller must:
4.1.1. comply with the terms of this Agreement;
4.1.2. within a day from the moment of ordering (acceptance) of the User to confirm receipt of such acceptance;
4.1.3. fulfill the User's order in case of receipt of payment from the User;
4.1.4. to transfer the Goods to the User in accordance with the selected sample on the relevant page of the Website, executed by the Order and the terms of this Agreement;
4.1.5. check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse.
4.1.6. provide the User with a document (electronic document) certifying the fact of the transaction.
4.2. The seller has the right to:
4.2.1. unilaterally suspend the performance of the Agreement in case the User violates the terms of this Agreement.
5.1. The user must:
5.1.1. Register an account on the Website;
5.1.2. The account must be logged in with each order in the Seller's information system. Such identification is equated to the electronic signature of the User.
5.1.3. timely pay and receive orders under the terms of this Agreement;
5.1.4. to get acquainted with the information about the goods, which is posted on the Seller's website;
5.1.5. before registration of the Order to specify the information on the Goods by phone or e-mail;
5.1.6. upon receipt of the goods from the person who delivered them, make sure of the integrity and completeness of the goods by inspecting the contents of the package. In case of damage or incomplete assembly of the goods - to record them in the act, which together with the User must be signed by the person who delivered it to the User;
5.2. The user has the right to:
5.2.1. place an order on the relevant page of the Website;
5.2.4. require the Seller to comply with the terms of this Agreement.
5.2.5. upon request sent to the Seller's e-mail address, has the right to receive a copy of this Agreement in writing.
6.1. The User places an Order on the relevant page of the Website by adding the goods to the virtual basket by clicking the "Add to Cart" button, or by ordering by e-mail or phone number listed in the contact section of the Site.
6.2. The term of formation of the Order is up to 5 (five) working days from the moment of its registration. If the Order is sent on a weekend, holiday or non-working day, the term of formation begins on the first day after the weekend.
6.3. Characteristics of the Product, its appearance and completeness can be changed by the manufacturer without the Seller's prior notice to the User, so before placing an order the User must clarify the information about the Product by phone or e-mail.
7.1. The price of each individual Product is determined by the Seller in UAH and indicated on the relevant page of the Website. The price of the Agreement is determined by adding the prices of all selected goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The User can pay for the Order in the following ways:
7.3.1. by bank transfer to the current account of the Seller specified in the account, including by means of Internet banking (the User pays for the Order within three days from the date of receipt of the invoice in the amount of 100% of the subscription).
7.3.2. in any other way as agreed with the Seller.
8.1. The User receives the Goods by delivery, or receives it in person. The order of payment and receipt is indicated on the relevant page of the Website.
8.2. When delivering goods to other cities of Ukraine, performed by other delivery services (hereinafter referred to as "Carrier Companies"), the User fully and unconditionally agrees with the Rules of Carriage of Goods and Processing of Personal Data by these Carrier Companies.
8.3. The seller's obligation to transfer the goods to the User is considered fulfilled at the time of delivery of the goods to the carrier.
8.4. The User confirms the fact of receipt of the goods and the absence of claims to the quality of the goods delivered by the Carrier Companies by his own painting in the consignment note, declaration of the Carrier Company, or in the expense invoice upon receipt of the goods. For its part, the Seller guarantees the shipment of the goods to the Carrier in the amount specified and paid by the User, complete according to the specification of the goods and in proper (working) condition and quality.
8.4. In case of absence of the User at the delivery address indicated by the User in the application or refusal of the User to receive the goods for unreasonable reasons, when delivered by courier of the Carrier Company, the goods are returned to the shipment center. Payment for the services of the Carrier Company is deducted from the amount transferred by the User for the Goods. The balance of the amount is returned to the User on the basis of his letter sent to the e-mail address _______ indicating the current account to which the money must be returned.
8.5. Delivery of the Goods to the User is carried out within 4 (four) working days from the moment of ordering. If the order was placed by the User on a weekend, holiday or other non-working day, the relevant period counts from the first working day following one of these days. In this case, the delivery time may be extended by the carrier, for reasons beyond the seller's control.
8.6. All questions that arose in the process of payment and receipt of the Goods, the User can find out from the contact information in the Contacts section.
9.1. Upon receipt of the Goods in the carrier's warehouse, from the courier or Seller, the User is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and its completeness.
9.2. In case of at least one of the listed shortcomings, the User is obliged to fix it in the made act of any form. The act must be signed by the User and the person who delivered the Goods or a representative of the Seller. If possible, defects should be recorded by means of photography or video. Without fulfilling the conditions specified in this paragraph, the claims of the User and his requirements to replace the damaged goods by the seller are not considered.
9.3. Within 2 (two) working days, the User is obliged to notify the manager (representative of the Seller responsible for ordering the Goods) of the identified defects and agree to replace the Goods, based on his letter sent to the e-mail address ___________. The User undertakes to send the goods to the Seller within 3 (three) working days from the date of the agreement to replace the Goods.
9.4. If the Goods have not been used and if their appearance, consumer properties, seals, labels, as well as the settlement document issued to the User with the sold goods, the User has the right to terminate the Agreement by notifying the Seller within fourteen days of receipt of the Goods. not provided by the terms of the Agreement. The User is obliged to return such Goods through _______________.
9.5. Funds paid for the goods are returned to the User on the day of termination of the contract (but not earlier than the day of receipt of the returned goods by the Seller), and in case of impossibility to return the money on the day of termination of the contract - at another time by agreement calendar days from the date of receipt of the returned Goods by the Seller.
9.6. If the Payment for the Goods has been made by the User using a VISA or MasterCard payment card via a payment terminal or the Internet, the Seller shall refund the funds paid for such Goods exclusively to the respective VISA or MasterCard payment card.
9.7. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the User receives the Goods in good condition - without any mechanical damage and in full.
9.8. In case of the User's complaint with claims regarding the improper quality of the Goods, the return of such Goods is carried out at the expense of the Seller. If the results of the inspection do not reveal any signs of violation of the quality of the goods, its sending such goods to the User is carried out at the expense of the latter.
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
10.2. In the event of disputes related to the performance of the Parties to this Agreement, except for disputes concerning the recovery of debts from the User, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The term for consideration of the claim is 7 (seven) working days from the date of its receipt.
10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those related to its implementation, violation, termination or invalidity, shall be resolved in the relevant court in accordance with the substantive and procedural law of Ukraine.
11.1. The Parties shall not be liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure, ie events or circumstances really beyond the control of such Party, which occurred after conclusion of this Agreement, which are unforeseen and unavoidable. Force majeure includes, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents. at sea, embargoes, catastrophes, restrictions imposed by public authorities (including quarantine and price controls), if these circumstances directly affected the implementation of this Agreement.
11.2. A Party that has become unable to fulfill its obligations under this Agreement due to force majeure shall immediately notify the other Party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days to provide the other Party with confirmation of force majeure. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended for any period during which performance has been delayed due to the above circumstances.
11.4. If, due to force majeure, the non-performance of obligations under this Agreement lasts for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
11.5. Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties shall make final settlements.
12.1. The information provided by the User is confidential. Information about the User is used exclusively for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.).
12.2. By accepting the Agreement or registering on the Site (filling in the registration form), the User voluntarily consents to the collection and processing of personal data in accordance with the Privacy Policy, which is an integral part of the User Agreement.
12.4. In case of unwillingness to receive the newsletter, the User has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal address of the Seller.
12.5. The Seller is not responsible for the content and truthfulness of the information provided by the User when placing an order. The user is responsible for the accuracy of the information provided when ordering.
