PUBLIC CONTRACT (OFFER) for the purchase and sale and delivery of goods
This contract is the official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website photogaidai.com. This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without favoring one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of placing an order, payment for goods, delivery of goods, responsibility for an unscrupulous order and all other terms of the agreement. The contract is considered concluded from the moment the “Confirm Order” button is clicked on the checkout page in the “Basket” section and the Buyer receives an electronic confirmation of the order from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter – the “Offer”) – the public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the sale of goods remotely with the Seller (hereinafter – the “Agreement”) on the terms contained in this Offer.
1.2. The product or service is the object of the agreement between the parties, which was selected by the buyer on the website of the online store and placed in the basket, or already purchased by the buyer from the seller remotely.
Online store – the Seller’s website at the address photogaidai.com is created for the conclusion of sales contracts based on the Buyer’s familiarization with the description of the Goods proposed by the Seller using the Internet.
1.3. The buyer is a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Internet store website for purposes not related to the implementation of entrepreneurial activities, or a legal entity or an individual entrepreneur .
1.4. The seller is FOP Gaidai I.M. (identification code 2230214877), a legal entity that was created and operates in accordance with the current legislation of Ukraine, whose location is: 02132, Kyiv, str. Florence, building 12-A, apartment 28.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date of payment of the order by the Buyer on the Internet store website.
3. Placement of the Order
3.1. The buyer independently places an order in the online store through the “Basket” form.
3.2. The Seller has the right to refuse to transfer the order to the Buyer in the event that the information provided by the Buyer during the order placement is incomplete or raises suspicions about their validity.
3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. last name, first name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer’s address);
3.3.3. contact phone
3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the Internet store website.
3.5. If any of the Parties to the contract needs additional information, it has the right to request it from the other Party. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the online store.
3.7. The buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing the Order, the Buyer confirms the following:
a) The buyer is fully and completely acquainted with and agrees with the terms of this offer (offer);
b) he gives permission for the collection, processing and transfer of personal data, the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Buyer confirms that he has been informed (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, about the purposes of data collection, as well as that his personal data is transferred to the Seller for the purpose of being able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications from the Buyer for the purpose of fulfilling the Buyer’s order. The extent of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understood by him.
4. Price, Payment and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the online store. All prices for Goods and services are indicated on the website in hryvnias, indicating the equivalent of the price in euros according to the NBU euro-to-hryvnia rate of 38.6422 hryvnias for 1 euro.
4.2 Prices for Goods and services may be changed unilaterally by the Seller. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of delivery of the Goods is determined during the order process and is paid by the Buyer.
4.4. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller on his account.
4.5. Payments between the Seller and the Buyer for the Goods are made in hryvnias through the LiqPay payment system of “Privat Bank” on the website of the online store.
4.6. The delivery of the Goods is carried out by the Seller through the delivery service of his choice, unless otherwise agreed with the Buyer by correspondence by e-mail or by phone, which are indicated on the website of the online store in the section Contacts, as well as at the end of this Agreement.
4.7. When receiving the goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness) in the presence of the representative of the delivery service (carrier).
4.8. The buyer or his representative, upon receiving the goods, confirms with his signature on the goods receipt or the transport invoice for the delivery of the goods that he has no complaints about the quantity of the goods, appearance and completeness of the goods.
4.9. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon independent delivery of the Goods by the Seller, or during the handover by the Seller of the goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The seller is obliged to:
5.1.1. Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution of the Buyer’s Order.
5.2. The seller has the right to:
5.2.1 Change the terms of this Agreement, as well as the prices of Goods and services, unilaterally, by posting them on the website of the Internet store. All changes take effect from the moment of their publication.
5.3 The buyer undertakes:
5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store.
5.3.2 In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of the Goods
6.1. Goods of appropriate quality are not subject to return in accordance with the terms of this Agreement, except for the cases specified in Clause 6.2. of this Agreement.
6.2. Goods of proper quality that do not meet the characteristics of the paid Goods shall be returned to the Seller by refusing to accept the Goods in the Goods delivery service. The return of the Goods takes place in accordance with the procedure for returning the Goods to the sender in case of refusal to accept the Goods by the recipient of the relevant Goods delivery service. The customer is not responsible for all return shipping costs in such a case.
6.3. Goods with a visual or physical defect are subject to return. If the package was damaged during transportation, the Buyer must contact the Seller as soon as possible and send an image of the product packaging as it appeared when received. In the presence of visual or physical defects, the FOP Gaidai I.M. provides a reprint of the Product. Customer is responsible for all return shipping costs.
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or The buyer after concluding this contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as taking other actions provided for by the Law of Ukraine “On the Protection of Personal Data “, without limiting the validity period of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Buyer or its inconsistency.
9. Other conditions
9.1. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The seller has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER: FOP Gaidai I.M.
02132, Kyiv, str. Florence, building 12-A, apartment 28
+380 67 504 70 74