Contract offer

CONTRACT OFFER 


This Agreement is a public agreement - a public offer agreement, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the buyer accepts the conditions and procedure for ordering, paying for goods, delivery of goods.

This Agreement is an agreement between the online store Garment Bag (hereinafter referred to as the “Seller”) and any legal entity, individual entrepreneur or individual, user of the online store services, hereinafter referred to as the “Buyer” (hereinafter the “Buyer” ), which includes all the essential conditions for organizing the purchase and sale by remote means (ie, through the Internet - shop).

The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated May 12, 1991, the Rules for Retail Trade of Non-Food Products, approved by Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.

This agreement is in the nature of a public offer, is equivalent to an “oral agreement” and, in accordance with the current legislation of Ukraine, has the appropriate legal force.

1. General Provisions

1.1. This contract 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 for organizing the sale and purchase by remote means, that is, through an online store.

1.2. In accordance with Art. 642 of the Civil Code of Ukraine by fully and unquestioningly accepting the terms of a public contract, that is, the public offer of an online store, by clicking on the link “Place order”, “Place order” or “Buy in 1 click and pay for the order in the amount of 100% under the terms of this agreement.

1.3. The public offer is also accepted when registering the Buyer on the website of the online store.

1.4. By concluding the Contract, the Buyer confirms that he is fully acquainted and agrees with its terms, and also if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the conditions of this Contract, the possibility of mutual settlements, and receiving invoices, acts and other documents. Permission to process personal data is valid for the entire duration of the Agreement. In addition, the conclusion of this Agreement, The buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine “On the protection of personal data” on the purposes of data collection. The scope of the rights of the Buyer, as a subject of personal data in accordance with the Law of Ukraine “On the protection of personal data”, is known and understandable to him.

2. Terms and definitions

2.1. The “Internet-shop” is the seller’s website (“www.garmentbag.com.ua”) created for entering into retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the Seller’s description of the Goods in photographs via the Internet, which excludes the possibility of the Buyer's direct acquaintance with Commodity - remote way to sell goods.

2.2. "Product" - a list of items of the range, presented in the online store.

2.3. “Personal data” - any information that directly or indirectly relates to a particular person, or to a person, is determined.

2.4. "A significant shortage of goods" is a deficiency that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, has arisen through the fault of the manufacturer (seller); :

a) it cannot be eliminated at all;

b) its elimination requires more than fourteen calendar days;

c) he makes the goods substantially different from that stipulated by the contract.

3. Subject of the agreement 3.1. The online store undertakes to transfer the goods to the property of the Buyer, and the Buyer undertakes to pay and accept the goods under the terms of this contract. 3.2. This contract governs the sale and purchase of an online store, including: a) the Buyer's voluntary choice of goods in the online store by category; b) self-registration by the Buyer of the order on the website in the online store; c) payment by the Buyer of the order issued in the online store; d) fulfillment and transfer of the order to the Buyer in ownership under the terms of this Agreement.

4. Ordering procedure

4.1. The buyer independently makes an order online in the online store or by means of telephone means of communication on the contacts specified in the online store.

5. Cost and order of payment for goods

5.1. The full value of the goods is indicated on the pages of the online store of the Seller.

5.2. Prices for goods and services may vary depending on market conditions, which affects the prices in the online store. The Seller cannot change the price for a specific Buyer, if he has already accepted the conditions of the Seller and has paid for the goods (services) in accordance with the procedure established by this contract.

5.3. The buyer pays the order within 2 working days (in the amount of 100% prepayment) using a bank transfer of money to the current account of the Seller specified in the invoice, incl. using internet banking.

6. Delivery of the order

6.1. Shipment of goods to the Buyer occurs after the Buyer receives 100% of the payment on the invoice.

6.2. Delivery and return of goods is carried out by the seller or the transport company (carrier) at the expense of the buyer. The total delivery time may not exceed 10 days.

6.3. The cost of delivery to the Internet - shop is not indicated, as it depends on the current tariffs of the transport company (carrier).

6.4. When ordering bulk batches, delivery times and delivery methods are agreed separately in each specific 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. Payment of the cost of delivery is carried out by the Buyer to the Carrier Company independently, upon receipt of the goods. The exact shipping cost is determined by the shipping company.

7. Return of goods of good quality.

7.1. The buyer has the right to exchange goods of good quality for the same from the seller from whom he purchased, if the goods did not satisfy him in form, size, style, color, size or for other reasons he could not be used for his intended purpose under the following conditions:

a) the item for exchange is provided to the Seller within not more than fourteen days, not counting the day of purchase;

b) a product can be replaced if it has never been in operation, does not contain traces of use and if its presentation, consumer properties, seals, labels, films are preserved, the integrity of the packaging of the product itself and its components is not compromised;

c) the product does not contain scratches, chips, scuffs, fully functional;

d) preserved the full completeness of the goods sold;

e) 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 No. 3 to the Cabinet Resolution of the Ministry of Ukraine of 19.03.94 No. 172 “On the implementation of certain provisions of the Law of Ukraine“ On Protection of Consumer Rights ”, are included in the List of goods of good quality that cannot be exchanged

7.2. If the product does not meet the conditions of certain paragraphs. A) - D) p. 7.1. Seller has the right to refuse the exchange of goods.

7.3. Transportation costs for the delivery of the Goods in the exchange under paragraph 7.1. assigned to Buyer.

7.4. When exchanging a product, its warranty period is calculated anew from the day of exchange.

7.5. If at the time of the exchange of a similar product is not for sale, the buyer has the right either to purchase any other goods from the existing range with a corresponding cost recalculation, or to terminate the contract and receive money back in the amount of the value of the returned goods, or exchange the goods for the same at the first receipt of the corresponding goods on sale.

8. Rights and obligations of the parties

8.1. Buyer shall:

a) read the information about the product, which is available on the seller’s website;

b) independently place an order on the site;

c) timely pay and receive an order to the Carrier under the terms of this agreement;

d) when receiving the goods from the carrier, ensure its integrity and completeness by inspecting the contents of the package. In the event of damage and incomplete picking - to fix them in the act, which, together with the buyer, must be signed by the employee of the carrier.

8.2. The buyer has the right to require the online store to comply with the terms of this contract.

8.3. Internet - shop must:

a) comply with the terms of this agreement;

b) transfer the goods to the Buyer in accordance with the selected sample, located in the online store, issued by the order and the terms of this contract;

c) the online store is not liable, cannot act as a defendant in court and does not reimburse losses incurred by the Buyer due to the actions or omissions of third parties.

8.4. The online store has the right to:

a) unilaterally suspend the provision of services under this Agreement if the Buyer breaches the terms of this Agreement.

9. Procedure for receiving goods by the Buyer

9.1. Upon receipt of the Goods at the carrier’s warehouse, from the courier or seller, the buyer is obliged to check the external integrity of the package, then open it and directly verify that the Goods are in good condition (no mechanical damage) and are complete.

9.2. In the case of at least one of those listed in paragraph 9.1. Contract deficiencies, the Buyer is obliged to fix it in the folded act of arbitrary shape. The act must be signed by the Buyer and by the employee of the carrier or the Seller. By means of 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (the 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 the event of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer receives the Goods in proper condition - without any mechanical damage and in full.

9.4. If, during the established warranty period (expiration date), significant deficiencies that have arisen due to the fault of the manufacturer of the goods (seller), or falsification of the goods, confirmed by an expert opinion, are found, the Buyer, in the manner and within the time periods specified by the warranty obligations of the manufacturer, subject to The contract-offer has the right to demand from the seller:

9.4.1. termination of the contract and return of the sum of money paid for the Goods;

9.4.2. replacement of the goods with the same product or with a similar one from among those available to the Seller.

9.5. In this case, when the Seller confirms the material defects of the Goods and the Buyer’s will, the money paid is refundable to the latter on the details specified by him within 7 (seven) calendar days upon the return of the goods.

9.6. In cases of replacement of low-quality goods, the carrier services are paid by the seller.

9.7. In any case, the return of the goods must take place in the original packaging in which the Product was received, while preserving the presentation and consumer qualities of the goods.

9.8. All unresolved issues related to the procedure, conditions of warranty repair or replacement of the Goods upon detection of deficiencies during the warranty period (validity) are governed in accordance with the warranty obligations determined by the manufacturer of the relevant Goods, and in case of failure of the manufacturer to establish such warranty obligations - in accordance with the current legislation of Ukraine.

10. Responsibilities of the parties 10.1. The Parties are responsible for the failure or improper performance of the terms of this Agreement in the manner provided for in this Agreement and the current legislation of Ukraine. 10.2. In the event of force majeure, the parties are exempt from the conditions of this Agreement. Under the circumstances of force majeure for the purposes of this Treaty shall be understood events having an extraordinary, unavoidable, unpredictable nature, which exclude or objectively impede the execution of this Treaty, the occurrence of which the Parties could not foresee and prevent by reasonable measures.

10.3. The party referring to the action of force majeure must, within five calendar days, notify the other party in writing by e-mail of the occurrence of such circumstances. 

10.4. If due to the circumstances of force majeure non-fulfillment of obligations under this Agreement lasts more than five months, each Party shall have the right to terminate this Agreement unilaterally by notifying the other party in writing. 

10.5. The parties make maximum efforts to resolve any disagreements solely through negotiations.

11. Other conditions 

11.1. Internet - the store reserves the right to unilaterally make changes to this Agreement with its preliminary publication on the site «www.garmentbag.com.ua» 11.2. The online store was created to organize a remote way to sell goods via the Internet. 11.3. The online store 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 specified when ordering. 11.5. Payment by the Buyer of an order placed in the online store means that the Buyer fully agrees with the conditions The purchase and sale agreement (public offer of the Internet shop) is the date of the conclusion of the purchase and sale agreement between the Seller and the Buyer.

11.6. Using the resource of the online store for viewing the goods, as well as for placing an order is gratuitous for the Buyer.

11.7. Information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of functioning of the online store (sending a message to the Buyer about the fulfillment of the order, sending advertising messages, etc.).

11.8. By own acceptance of the Agreement or by registering on the website “www.garmentbag.com.ua” (filling in the registration form), the Buyer voluntarily consents to the collection and processing of his own personal data in the Seller’s registered database “Counterparties” with the following goal: data that becomes known to the seller to be used in commercial purposes, including the processing of orders for the purchase of goods, the receipt of information about the order, the transmission by telecommunication means of communication (via e-mail, mobile communication) of advertising and special other offers, promotions, draws or any other information about the store’s activities. For the purposes provided for in this clause. 

The Seller has the right to send letters, messages and materials to the postal address, e-mail address of the Buyer, as well as send sms-messages, make calls to the number indicated in the questionnaire.

11.9. The Buyer gives the seller the right to process his personal data, including: placing personal data in the Buyer's databases (without notifying the Participant about this), performing lifelong storage of data, their accumulation, updating, changing (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 transferring data to related parties, commercial partners, persons authorized by the Seller to directly process data for specified purposes, as well as to a mandatory request of a competent government body).

11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement refusing to receive promotional materials, sending it to a postal or email address. 12. Duration of this agreement 12.1. This contract comes into force from the date of ordering or registering in the online store “www.garmentbag.com.ua” and is valid until all the conditions of the contract are fulfilled.