Public offer

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 a sole proprietor (TIN) acting on the basis of an extract
• Buyer means any individual who accepts a public offer on the terms of this offer.
• Online store – the official online store of the Seller, located at the Internet address https://https://agskindermo.com.ua/.
• Goods – the object of the parties’ agreement, a list of assortment items presented in the official online store.
• Terms of sale – The rules for the sale of goods in the online store “agskindermo.com.ua” are published in the section “Delivery and payment”

2. GENERAL PROVISIONS

2.1 This public Offer (hereinafter referred to as the Agreement) is an official offer by the Seller to any person with the legal capacity and necessary authority to conclude a contract for the sale of the Goods with the Seller on the terms specified in this Offer and contains all the essential terms of the agreement.

2.2 Relations in the field of consumer protection shall be governed by the Civil Code of Ukraine, the Law “On Consumer Protection” and other laws and legal acts of Ukraine adopted in accordance with it.

3. REGISTRATION ON THE WEBSITE

3.1 Only registered Buyers can place an Order in the Online Store, and the Buyer has the right to register on the site only 1 (one) time, that is, he 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 registers in the Online Store receives individual identification by providing a login and password. The individual identification of the Buyer allows to avoid unauthorized actions of third parties on behalf of the Buyer and provides access to additional services. The transfer of the login and password to third parties is prohibited.

3.4. The Buyer is solely responsible for all possible negative consequences in case of transfer of the login and password to third parties.

4. SUBJECT MATTER OF THE CONTRACT AND 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. The ownership of your order of the Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer and payment by the latter of the full cost of the Goods. The risk of accidental loss or damage to the Goods shall be transferred to the Buyer from the moment of actual transfer of the Goods 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://agskindermo.com.ua.

4.4. The price of the goods is indicated in Ukrainian hryvnia.

4.5 The final Price of the Goods shall be determined by successive discounts on the Price of the Goods in the following order:

• Promotional discount
  – Regular customer discount
  – Availability of a coupon / certificate

Moreover, the promotional discount and the buyer’s discount are not summed up, but the larger of the two is taken into account.

5. THE MOMENT OF CONCLUDING 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. Acceptance of this offer (agreement) is the placement by the Buyer of an order for the Goods in accordance with the terms of this offer.

5.3. The Buyer places an order for the Goods by performing the actions specified in the section “For Buyers” paragraph “Order conditions”

5.4. The agreement concluded on the basis of the Buyer’s acceptance of this offer is a contract of adhesion, to which the Buyer joins without any exceptions and / or reservations.

5.5. The fact of placing an order by the Buyer is an indisputable fact of acceptance by the Buyer of the terms of this Agreement, including the Buyer’s consent to the Seller’s sending him email 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 (who placed the order for the goods) is considered as a person who has entered into a relationship with the Seller under 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, to fully fulfill all obligations to the Buyer in accordance with the terms of this Agreement and applicable law. The Seller reserves the right to fail to fulfill its obligations under the Agreement in the event of force majeure circumstances specified in clause 6 of this Agreement.
6.1.2. Process the Buyer’s personal data and ensure their confidentiality in the manner prescribed by applicable law.
6.1.3. By accepting this offer, the Buyer agrees and authorizes the Seller (hereinafter referred to as the Operator) to process his personal data, including surname, name, patronymic, date of birth, gender, biometric personal data, place of work and position, postal address; home, work, mobile phones, e-mail address, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer within 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 further processing (including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer within the territory of the Country and cross-border transfer), depersonalization) mailing, e-mail, telephone, facsimile, 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 in accordance with the algorithm written by the operator (collection, systematization, accumulation, storage, clarification, use, blocking, destruction). The processing methods used (including, but not limited to): automatic verification of postal codes with the code database, automatic verification of the spelling of street names / settlements, automatic verification of the validity of VIN and state registration marks, clarification of data with the Buyer by telephone, postal communication with the Buyer or by contacting via the Internet, segmentation of the database according to specified criteria. The Buyer agrees that, if necessary for the realization of the purposes 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, subject to the requirements of the legislation of Ukraine on ensuring the confidentiality of personal data and the security of personal data during their processing by such third parties. When transmitting the specified Buyer’s data, the Operator shall warn the persons receiving the Buyer’s personal data that this data is confidential and may be used only for the purposes for which it was communicated, and shall require these persons to comply with this rule. The Buyer has the right to request from the Operator full information about their personal data, their processing and use, as well as to request the exclusion or correction / addition of incorrect or incomplete personal data by sending a written request to the Operator to the postal address. The consent given by the Buyer to the processing of his personal data is unlimited and may be withdrawn by the Buyer by sending a written application to the Operator at the postal address.

6.2. The seller has the right to:

6.2.1. To change this Agreement, Prices for the Goods and Tariffs for related services, methods and terms of payment and delivery of the goods unilaterally by posting them on the pages of the online store located at the Internet address: https://agskindermo.com.ua/. All changes shall take effect immediately after publication and shall be deemed to have been notified to the Buyer from the moment of such publication.
6.2.2. To record telephone conversations with the Buyer. In accordance with clause 4 of Art. 16 of the Law “On Information, Information Technology and Information Protection”, the Seller undertakes to: prevent attempts of unauthorized access to information and/or its transfer to persons not directly related to the execution of the Orders; timely identify and stop such facts.

6.2.3. Transfer its rights and obligations to fulfill the Agreement to third parties without the Buyer’s consent.
6.2.4. Before the delivery of the goods ordered by the Customer, the Seller has the right to demand 100% prepayment of the ordered goods from the Customer. The Seller has the right to refuse to deliver the goods to the Client in the absence of such payment.

6.2.5. The Seller has the right not to deliver the Goods to the Client by courier to the address specified when the Client placed the order and transfer the Goods to the company pickup point agreed with the Client.
6.2.6. The Seller has the right to restrict the Goods simultaneously delivered to the Client.

6.2.7. The Seller has the right to set restrictions on the reservation of the Goods to the Buyer (the ability to postpone the goods in the Basket for a day). The Goods are removed from the Reserve in case of self-removal by the Buyer or automatic removal due to the expiration of the Reserve.
6.2.8. Use the “cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.

6.2.9. Receive information about the IP address of the visitor to the agskindermo.com.ua website. This information is not used to establish the identity of the visitor and is not subject to transfer to third parties.
6.2.10. The Seller has the right to send the Buyer advertising and information messages by e-mail and sms-mailings with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.

6.2.11. The Seller has the right to unilaterally cancel the Buyer’s Order in case of violation by the Buyer of clause 6.3.3.1. of this Offer.
6.2.12. The Seller has the right to change the terms of the Promotions posted on the website of the online store https://agskindermo.com.ua/, unilaterally without the consent of the Buyer, by posting such changes on the website of the online store.

6.3. The Buyer undertakes:

6.3.1. Before concluding 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 order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient to deliver the Goods paid for by him to the Buyer.
6.3.3. Pay for the ordered Goods and their delivery under the terms of this Agreement.
6.3.3.1. If the Buyer, when placing the Order, indicates a non-cash payment method for the Order (by bank card or electronic payment system), the Buyer is obliged to pay for his Order within 1 day from the date of confirmation of this Order.

6.3.3.2. If the Buyer, when placing an Order, indicates a non-cash payment method for the Order (by bank card or electronic payment system) and does not pay for the order, he can place no more than three orders per day.
6.3.4. To comply with the Terms of Sale.

6.4. The Buyer has the right to:

6.4.1. The Buyer has the right to unsubscribe from receiving e-mail and SMS newsletters, for this he/she should click on the link in the letter “You can unsubscribe from the newsletter from your Personal Account” or go to the “My newsletters” page in the Personal Account.

7. DELIVERY OF GOODS

7.1. Delivery of the Goods to the Buyer is carried out within the terms agreed by the Parties when confirming the order by an employee of the Seller and the conditions set forth in the Terms of Sale. If the Buyer does not receive the order within the agreed period, the Seller has the right to cancel the order without further notice to the Client.

7.2. Upon courier delivery of the Goods, the Client shall sign the Delivery register. This signature serves as a confirmation that the Client has no complaints about the order, quantity and appearance of the Goods.

7.3. Upon receipt of the Order, no claims to the quantity, completeness and type of the Goods shall be accepted.

7.4. Courier delivery can be made to the address specified in the Personal Account.

8. WITHDRAWAL OF THE OFFER

8.1. The offer (Agreement) may be withdrawn by the Seller at any time, but this is not a ground for waiver of the Seller’s obligations under the same concluded agreements. The seller undertakes to post a notice of withdrawal of the offer in his online store, indicating the exact time of withdrawal of the offer, at least 12 hours before the event of withdrawal (termination) of the offer.

9. FORCE MAJOR

9.1. Either Party shall be released from liability for full or partial failure to fulfill its obligations under this Agreement if such 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 have foreseen or prevented by the means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of Russian or foreign governmental authorities, as well as any other circumstances beyond the reasonable control of either Party. Changes in the applicable laws or regulations that directly or indirectly affect either Party shall not be considered as Force Majeure, however, in the event of such changes that prevent either Party from fulfilling any of its obligations under this Agreement, the Parties shall immediately decide on the procedure for eliminating this problem in order to ensure that the Parties continue to perform this Agreement.

10. RESPONSIBILITY OF THE PARTIES

10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the laws of Ukraine.

10.2. All textual information and graphic images posted in the online store have a legal right holder, illegal use of this information and images is prosecuted in accordance with the current legislation of Ukraine.

11. OTHER TERMS AND CONDITIONS

11.2. All disputes related to the non-fulfillment or improper fulfillment of their obligations under this Agreement shall be resolved by the parties in the course of negotiations.

11.3. In case of failure to reach an agreement during negotiations, disputes will be resolved in court in accordance with the current legislation of Ukraine.

11.4. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about the order of the Goods, sending advertising messages, etc.)

11.5. By accepting the Agreement or registering on the Website https://agskindermo.com.ua/ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purposes: the data that becomes known will be used for commercial purposes, including processing orders for the purchase of goods, receiving information about orders, sending advertising and special offers, information about promotions, drawings or any other information by telecommunication means (e-mail, mobile communication).

For the purposes provided for in this clause, the Seller has the right to send letters to the Buyer, messages and materials to the Buyer’s postal address, e-mail, as well as send SMS messages, make calls to the phone number specified in the questionnaire.

11.6. The Buyer gives the right to process his personal data, including: to store personal data in databases (without additional notice), to carry out lifelong storage of data, their accumulation, updating, changing (as necessary). The Seller 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 directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).

11.7. 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 e-mail address.

11.8. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing the order.