Public offer agreement
PUBLIC OFFER FOR THE INTERNET STORE “MAGNETIC BRAND CLOTHES”
1. Terms and definitions
1.1. In this offer, unless the context requires otherwise, the following terms have the following meanings and are an integral part of it:
The seller is MAGNETIC brand clothes, (FOP Popova Irina Olegovna, 65005, Odessa, Mikhailovskaya sq. 12/14 apt. 5 USREOU 3279814286).
Buyer – any individual who has accepted a public offer on the terms of this offer.
Online store – the official online store of the Seller “MAGNETIC brand clothes”, located at the Internet address https://www.buymagnetic.com. Within the framework of this agreement, the concepts of the Online Store and the Store, as well as the Internet address https://www.buymagnetic.com and derivatives of buymagnetic.com are equivalent and are interpreted authentically, in the context of the offer.
A product is an object of agreement between the parties, a list of assortment items presented in the official online store.
2. General provisions
2.1. This public offer (hereinafter referred to as the Agreement) is an official offer of the Seller “MAGNETIC brand clothes” to any individual who has the legal capacity and the necessary authority to conclude a contract for the sale of the Goods with MAGNETIC brand clothes on the terms specified in this offer and contains all essential terms of an agreement.
2.2. Relations in the field of consumer protection are regulated by the Civil Code of Ukraine, the Law “On Protection of Consumer Rights” and other laws and legal acts of Ukraine adopted in accordance with it.
3. Registration on the site
3.1. Both registered and unregistered Buyers can place an Order in the Online Store, while the Buyer has the right to register on the site only 1 (one) time, i.e. can have only one Personal Account.
3.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
3.3. The buyer who has registered in the online store receives individual identification by providing a login and password. Individual identification of the Buyer allows to avoid unauthorized actions of third parties on behalf of the Buyer.
3.4. The buyer is solely responsible for all possible negative consequences in case of transferring the login and password to third parties.
4. Subject of the Agreement and the price of the Goods
4.1. The Seller transfers, and the Buyer accepts and pays for the goods on the terms of this Agreement.
4.2. Ownership of the Ordered Goods passes to the Buyer from the moment the Goods are actually transferred to the Buyer and the latter pays the full cost of the Goods. The risk of its accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are actually transferred to the Buyer.
4.3. The prices for the Goods are determined by the Seller unilaterally and indisputably and are indicated on the pages of the online store located at the Internet address: https://buymagnetic.com/.
4.4. During the period of promotions and sales, personal discounts are not active, except when the individual discount of a regular Buyer is higher than the promotional price, in which case the Buyer has the right to choose the size of the discount at his discretion towards a larger one.
5. The moment of conclusion of the contract
5.1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of Ukraine).
5.2. The acceptance of this offer (agreement) is the execution by the Buyer of an order for the Goods in accordance with the terms of this offer.
5.3. The agreement concluded on the basis of the Buyer’s acceptance of this offer is an accession agreement to which the Buyer joins without any exceptions and / or reservations.
5.5. The fact of placing an order by the Buyer is an unconditional fact of the Buyer’s acceptance of the terms of this Agreement, including the Buyer’s consent to the Seller sending him messages about the status of his order and surveys to improve the quality of customer service. The buyer who purchased the goods in the Seller’s online store (placed an order for the goods) is considered as a person who has entered into a relationship with the seller on the terms of this Agreement.
6. Rights and obligations of the parties
6.1. The seller undertakes:
6.1.1. From the moment of conclusion of this Agreement, fully ensure all obligations to the Buyer in accordance with the terms of this agreement and current legislation. The Seller reserves the right to default on obligations under the Agreement in the event of force majeure circumstances specified in clause 6 of this Agreement.
6.1.2. Process the personal data of the Buyer and ensure their confidentiality in the manner prescribed by applicable law.
6.1.3. By accepting this offer, the Buyer agrees and authorizes: Seller “MAGNETIC brand clothes” email@example.com , tel. +380930035003, (hereinafter referred to as the Operator) process their personal data, including last name, first name, patronymic, date of birth, postal address; home, work, mobile phones, e-mail address, including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer on the territory of Ukraine and cross-border transfer), depersonalization, blocking, destruction of personal data , as well as transferring them to the Operator’s counterparties for the purpose of further processing (including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer on the territory of Ukraine and cross-border transfer), depersonalization, blocking, destruction of personal data) to conduct research aimed at improving the quality of services, to conduct marketing programs, statistical research, as well as to promote services on the market by making direct contacts with the Buyer using various means of communication, including, but not limited to: mailing list, electronic mail, telephone, Internet. The Buyer agrees and allows the Operator and the Operator’s counterparties to process the Buyer’s personal data using automated database management systems, as well as other software tools specially developed on behalf of the Operator. Work with such systems is carried out according to the algorithm prescribed by the operator (collection, systematization, accumulation, storage, clarification, use, blocking, destruction). The Buyer agrees that, if it is necessary to achieve the goals specified in this offer, his personal data received by the Operator may be transferred to third parties to whom the Operator may entrust the processing of the Buyer’s personal data on the basis of an agreement concluded with such persons, if subject to compliance with the requirements of the legislation of Ukraine on ensuring by such third parties the confidentiality of personal data and the security of personal data during their processing. When transferring the specified data of the Buyer, the Operator warns the persons receiving the personal data of the Buyer that these data are confidential and can only be used for the purposes for which they are reported, and require these persons to comply with this rule. The Buyer has the right to request the Operator to exclude or correct / supplement incorrect or incomplete personal data by sending a corresponding written request addressed to the Operator at the postal address. The Buyer’s consent to the processing of his personal data is indefinite and may be revoked by sending the Buyer a written application to the Operator’s postal address.
6.2. The seller has the right:
6.2.1. Change this Agreement, the Prices for the Goods and the Tariffs for related services, the methods and terms of payment and delivery of the goods unilaterally by placing them on the pages of the online store located at the Internet address https://buymagnetic.com. All changes come into force immediately after publication, and are considered brought to the attention of the Buyer from the moment of such publication.
6.2.2. Without agreement with the Buyer, transfer his rights and obligations to fulfill the Agreement to third parties.
6.2.3. Before delivery of the goods ordered by the Customer, the Seller has the right to demand from the Customer 100% prepayment of the ordered goods. The Seller has the right to refuse delivery of the goods to the Customer in the absence of such payment.
6.2.4. The Seller has the right not to deliver the Goods to the Client by courier to the address indicated when the Client placed the order and to transfer the Goods at the company pickup point agreed with the Client.
6.2.5. Use “cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.
6.2.6. The Seller has the right to send advertising and informational messages to the Buyer via e-mail and sms with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.
6.2.7. The Seller has the right to unilaterally cancel the Buyer’s Order in case of violation by the Buyer of clause 188.8.131.52. of this Offer.
6.2.8. The Seller has the right to change the terms of the Promotions posted on the website of the online store https://buymagnetic.com, unilaterally without the consent of the Buyer, by posting such changes on the website of the online store https://buymagnetic.com.
6.3. The buyer undertakes:
6.3.1. Before the conclusion of the Agreement, familiarize yourself with the content and terms of the Agreement, the prices for the Goods offered by the Seller in the online store.
6.3.2. In fulfillment by the Seller of its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the buyer and sufficient to deliver the Goods he paid for to the Buyer. 6.3.3. Pay for the ordered Goods and its delivery on the terms of this agreement.
6.4. The buyer has the right:
6.4.1. The buyer has the right to make an exchange or return of the Goods within 14 days from the date of purchase, with the complete preservation of the presentation, in the absence of signs of wear and the full presence of the original packaging. Postage is paid by the Buyer.
7. Delivery of goods
7.1. Delivery of the Goods to the Buyer is carried out within the terms agreed by the Parties upon confirmation of the order by the Seller’s employee. If the Buyer does not receive the order within the agreed period, the Seller has the right to cancel the order with prior informing the Client. If the order is prepaid, the funds are returned to the buyer within the period established by law.
7.2. In case of courier delivery of the Goods, the Client puts his/her signature in the Delivery register against those positions of the Goods that the Client has purchased. This signature serves as confirmation that the Client has no complaints about the order, the quantity and appearance of the Goods.
7.3. After receiving the Order, claims to the quantity, completeness and type of the Goods are not accepted.
7.4. Courier delivery is carried out to the address specified in the details for sending.
7.5. Postage costs for the delivery of the Goods shall be borne by the Buyer.
8. Withdrawal of the offer
8.1. Revocation of the offer (Agreement) can be carried out by the Seller at any time, but this is not a basis for waiving the Seller’s obligations under already concluded agreements. The Seller undertakes to place a notice of the withdrawal of the offer in his online store, indicating the exact time of the withdrawal of the offer, at least 12 hours before the event of the withdrawal (suspension) of the Offer.
9. Force majeure
9.1. Any of the Parties is released from liability for full or partial failure to fulfill its obligations under this Agreement, if this failure was caused by force majeure circumstances that arose after the signing of this Agreement. “Force Majeure Events” means extraordinary events or circumstances that such Party could not foresee or prevent by the means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, as well as any other circumstances beyond the reasonable control of either Party. Changes in the current legislation or regulations that directly or indirectly affect any of the Parties are not considered as Force Majeure Events, however, in the event of such changes that prevent any of the Parties from fulfilling any of its obligations under this Agreement, The Parties are obliged to immediately decide on the procedure for working to eliminate this problem in order to ensure the continued execution of this Agreement by the Parties.
10. Liability of the parties
10.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of Ukraine.
10.2. All textual information and graphic images posted in the online store have a legal owner, the illegal use of this information and images is prosecuted in accordance with the current legislation of Ukraine.
11. Other terms
11.2. All disputes related to non-fulfillment, or improper fulfillment of their obligations under this agreement, the parties will try to resolve during negotiations.
11.3. In case of failure to reach an agreement during the negotiations, disputes will be resolved in court in accordance with the current legislation of Ukraine.