This Contract is a public contract - a contract of public offer, that is, in accordance with Article 633 of the Civil Code of Ukraine its terms and conditions are the same for all buyers regardless of status (individual, legal entity, individual - entrepreneur). In full agreement with this Agreement, the buyer accepts the terms and procedure of order placement, payment for goods, delivery of goods.
This Agreement is an agreement between FOP Ruda Ivan Vladimirovich (online shop "https://buybabyboss.com/") (hereinafter referred to as "Seller") and any legal entity, natural person-entrepreneur or individual, a user of services online shop, which is hereinafter referred to as "Buyer" (hereinafter referred to as "Buyer"), including all the essential terms of the organisation of purchase - sale by remote method (i.e. through the Internet - shop).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII of 12 May 1991, the Rules of retail trade in non-food products, approved by the order of the Ministry of Economy of Ukraine No. 104 of 19 April 2007.
This agreement has the nature of a public offer, is the equivalent of an "oral agreement" and in accordance with the current legislation of Ukraine has due legal force.
1 General Provisions
1.1 This agreement is a public offer (in accordance with Articles 633, 641 and Ch. 63 of the Civil Code of Ukraine) and contains all the essential conditions of the organisation of purchase and sale by remote method, i.e. through the online shop.
1.2 In accordance with Art. 642 of the Civil Code of Ukraine full and unconditional acceptance of the terms of the public agreement, that is, the public offer of the online shop the fact by clicking on the link "Place an order", "Place an order" or "Buy in 1 click" and payment of the order in the amount of 100% on the terms of this agreement.
1.3 The public offer is also accepted when the Buyer registers on the website of the online shop.
1.4 By concluding the Agreement, the Buyer confirms that he/she is fully and completely familiarised and agrees with its terms and conditions, and if the Buyer is an individual, gives permission to process his/her personal data in order to be able to fulfil the terms and conditions of this Agreement, to be able to make mutual settlements, as well as to receive invoices, certificates and other documents. The authorisation to process personal data shall be valid during the whole term of validity of the Contract. In addition, by signing this Agreement, the Buyer confirms that he is informed (without further notice) of the rights established by the Law of Ukraine "On Protection of Personal Data", on the purpose of data collection. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data" is known and understood.
2 Terms and definitions
2.1. "Internet-shop" - the Seller's website (https://buybabyboss.com/"), created for conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer's familiarisation with the description of the Goods offered by the Seller on photos, via the Internet, excluding the possibility of the Buyer's direct familiarisation with the Goods - remote method of sale of goods.
2.2 "Goods" - a list of items of the product range presented in the online shop.
2.3 "Personal Data" - any information that directly or indirectly relates to a certain person, or to a person determined.
2.4 "Material defect of the Goods" - a defect that makes it impossible or inadmissible to use the goods in accordance with their intended purpose, has occurred through the fault of the manufacturer (seller), after its elimination manifests itself again for reasons independent of the consumer and at the same time is endowed with at least one of the following features:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it makes the goods substantially different from what is stipulated in the contract.
3. Subject of the contract
3.1 The online shop undertakes to transfer the goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this contract.
3.2 This contract regulates the purchase and sale in the online shop, including:
a) the Buyer's voluntary selection of goods in the online shop by category;
b) independent order placement by the Buyer on the website of the online shop;
c) payment by the Buyer for the order placed in the online shop;
d) fulfilment and transfer of the order to the Buyer on the terms and conditions of this Agreement.
4. Order placement procedure
4.1 The Buyer shall place an order online in the online shop or via telephone by contacting the contacts specified in the online shop.
5. Cost and payment procedure
5.1 The full price of the goods is indicated on the Seller's online shop pages.
5.2 The prices for the Goods and services may change depending on the market conditions, which is reflected in the prices in the online shop. The Seller cannot change the price for a particular Buyer, if the Buyer has already accepted the Seller's terms and conditions and has paid for the Goods (services) in accordance with the procedure established herein.
5.3 The Buyer shall pay for the order within 2 working days (in the amount of 100% prepayment) by bank transfer to the Seller's current account specified in the invoice, including via Internet banking.
6. Order delivery
6.1 Shipment of the goods to the Buyer takes place after receipt of 100% payment from the Buyer according to the invoice.
6.2 Delivery and return of the goods shall be carried out by the Seller or a transport company (carrier) at the Buyer's expense. The total delivery period shall not exceed 10 days.
6.3 The cost of delivery in the online shop is not specified, as it depends on the current tariffs of the transport company (carrier).
6.4 When ordering bulk quantities, terms and methods of delivery are agreed upon separately in each case.
6.5 The Seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).
6.6 The Buyer shall pay the cost of delivery to the shipping company himself upon receipt of the goods. The exact cost of delivery is determined by the shipping company.
7. Return of goods of proper quality
7.1 The Buyer has the right to exchange the goods of proper quality for a similar one from the seller from whom it was purchased, if the goods did not satisfy him in shape, dimensions, style, colour, size or for other reasons can not be used for its intended purpose on the following conditions:
A) the goods are available for exchange to the Seller within a period not exceeding fourteen days, not counting the day of purchase;
B) the goods may be exchanged if they have never been in use, do not contain traces of use and if their trade dress, consumer properties, seals, labels, films, integrity of the packaging of the goods and its accessories are intact;
C) the goods do not contain scratches, chips, scuffs, fully serviceable;
D) the full completeness of the sold goods has been preserved;
D) the goods may be replaced upon presentation by the Buyer of the settlement document issued to the Buyer together with the sold goods.
7.1.1 Requirements 7.1. do not apply to goods, in accordance with Annex 3 to the Resolution of the Cabinet of Ministers of Ukraine from 19.03.94 №172 "On Implementation of Certain Provisions of the Law of Ukraine" On Protection of Consumer Rights ", are included in the List of Goods of Good Quality, not subject to exchange (return)
7.2 If the goods do not meet the conditions specified in paras. A) - D) p. 7.1. The Seller has the right to refuse to exchange the goods.
7.3 The Buyer shall bear the transport costs for delivery of the Goods in case of exchange according to clause 7.1.
7.4 In case of exchange of the Goods, the warranty period shall be re-calculated from the day of exchange.
7.5 If at the moment of exchange the similar goods are not available for sale, the Buyer has the right either to purchase any other goods from the available assortment with the corresponding recalculation of the cost, or to terminate the contract and receive money back in the amount of the cost of the returned goods, or to exchange the goods for a similar one at the first arrival of the corresponding goods in the sale.
8. Rights and obligations of the parties
8.1 The Buyer is obliged to:
a) familiarise himself with the information about the goods, which is available on the seller's website;
b) independently place an order on the website;
c) to pay for and receive the order from the Carrier in due time under the terms and conditions of this agreement;
d) upon receipt of the goods from the Carrier, make sure that the goods are intact and complete by examining the contents of the package. In case of damage and incomplete set - to fix them in the act, which should be signed by the carrier's employee together with the Buyer.
8.2 The Buyer has the right to demand that the online shop complies with the terms and conditions of this agreement.
8.3 The online shop is obliged to:
a) to comply with the terms and conditions of this contract;
b) to deliver the goods to the Buyer in accordance with the selected sample located in the online shop, the order placed and the terms and conditions of this contract;
c) the online shop is not liable, cannot act as a defendant in court and does not reimburse losses incurred by the Buyer due to the action or inaction of third parties.
8.4 The online shop has the right to:
(a) unilaterally suspend the provision of services under this Agreement in case of violation of the terms and conditions of this Agreement by the Buyer.
9. Procedure for acceptance of the Goods by the Buyer
9.1 Upon receipt of the Goods at the carrier's warehouse, from the courier or the seller, the Buyer 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 completeness of its completeness.
9.2 In case of at least one of the defects listed in clause 9.1 of the Contract, the Buyer shall be obliged to fix it in a folded free-form act. The Act must be signed by the Buyer and the carrier or Seller's employee within 1 (one) day from the date of signing the Act, the Buyer must inform the manager (Seller's representative responsible for placing the order for the goods) about the identified defects and agree on the replacement of the goods.
9.3 The Parties agreed that in case of non-compliance with the mandatory requirements of the above procedure, the Buyer shall be recognised as having received the goods in proper condition - without any mechanical damage and fully complete.
9.4 In case of detection during the established warranty period (shelf life) of significant defects, which occurred due to the fault of the manufacturer of the goods (seller), or falsification of the goods, confirmed by the conclusion of expertise, the Buyer, in the manner and within the time limits established by the warranty obligations of the manufacturer of the Goods, taking into account the terms of the Contract-Offer has the right to demand from the seller at its choice:
9.4.1. cancellation of the contract and refund of the sum of money paid for the Goods;
9.4.2. replacement of the Goods with the same Goods or a similar one from the Seller's stock.
9.5 In such case, if the Seller confirms the essential defects of the Goods and the Buyer wills to do so, the paid money shall be refunded to the Buyer to the details specified by the Buyer within 7 (seven) calendar days upon return of the Goods.
9.6 In case of replacement of the defective Goods, the cost of the carrier's services shall be at the expense of the Seller.
9.7. In any case, the return of the Goods shall take place in the original packaging in which the Product was received, with preservation of trade dress and consumer qualities of the Goods.
9.8 All issues not regulated by this Contract-Offer related to the procedure, conditions of warranty repair or replacement of the Goods in case of detection of defects during the warranty period (useful life) shall be regulated in accordance with the warranty obligations defined by the manufacturer of the relevant Goods, and in case the manufacturer does not establish such warranty obligations - in accordance with the current legislation of Ukraine.
10. Responsibility of the Parties
10.1 The Parties shall be liable for non-performance or improper performance of the terms and conditions of this Agreement in accordance with the procedure stipulated by this Agreement and the current legislation of Ukraine.
10.2 In case of force majeure circumstances, the Parties shall be released from fulfilment of the terms and conditions of this Contract. For the purposes of this Agreement force majeure circumstances shall mean events of extraordinary, unavoidable and unpredictable nature, which exclude or objectively prevent the fulfilment of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.3 The Party referring to the force majeure circumstances shall notify the other Party of the occurrence of such circumstances in writing by e-mail within five calendar days.
10.4 If due to force majeure circumstances non-fulfilment of obligations under this Agreement continues for more than five months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other Party in writing.
10.5 The Parties shall use their best endeavours to resolve any disagreements exclusively through negotiations.
11. Other terms and conditions
11.1 The Online Shop reserves the right to unilaterally make changes to this Agreement with its prior publication on the website "https://buybabyboss.com/".
11.2 The Online Shop is created to organise the remote sale of goods via the Internet.
11.3 The online shop is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
11.4 The Buyer is responsible for the accuracy of the information provided when placing an order.
11.5 The Buyer's payment for the order placed in the Online Shop means the Buyer's full consent to the terms and conditions of the Purchase and Sale Agreement (public offer of the Online Shop) and is the date of conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.
11.6 The use of the resource of the Online Store for viewing the goods and placing an order is free of charge for the Buyer.
11.7 The information provided by the Buyer is confidential. The online shop uses the Buyer's information solely for the purposes of functioning of the online shop (sending messages to the Buyer about the fulfilment of the order, sending advertising messages, etc.).
11.8 By accepting the Agreement or by registering on the website "www.kohana.org.ua" (filling in the registration form), the Buyer voluntarily consents to the collection and processing of its personal data in the Seller's registered database "Counterparties" for the following purpose: data that become known to the Seller to be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, transmission by telecommunication means (by e-mail, mobile communication) advertising and special purposes. For the purposes provided for in this clause, the Seller may send letters, messages and materials to the Buyer's postal address, e-mail address, as well as send sms-messages, make calls to the number specified in the questionnaire.
11.9 The Buyer authorises the Seller to process his personal data, including: to place personal data in the Buyer's databases (without further notice to the Participant), to store data for life, accumulate, update, modify (as necessary). The Buyer undertakes to ensure data protection from unauthorised access of third parties, not to distribute and not to transfer data to any third party (except for data transfer to related parties, commercial partners, persons authorised by the Seller to carry out direct processing of data for the specified purposes, as well as at the mandatory request of the competent state authority).
11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12. Term of this agreement
12.1 This agreement shall come into force from the day of placing an order or registration in the online shop "https://buybabyboss.com/" and shall remain in force until the fulfilment of all conditions of the agreement.
