This public contract (offer) (hereinafter - the Contract) is an official offer (public offer) to persons to enter into a contract with the natural person-entrepreneur Upatov Mykyta for the purchase of the product available on the pages of Shower Pack social networks.
The person who orders the goods (hereinafter - the Buyer) is considered to have accepted the terms of the Agreement in full, without any restrictions, reservations and exceptions from the moment of its acceptance, namely leaving the request for the order of the Goods.
In the event of disagreement with the terms of this Agreement on the part of the Buyer, the latter is obliged not to carry out the actions of dispatching the order of the Goods, and the order is subject to automatic cancellation.
In accordance with Articles 205, 633, 634, 638-642 of the Civil Code of Ukraine, in the case of acceptance of the conditions set forth in the Agreement by sending a request for the order of the Goods, the person who accepts the Agreement becomes the Buyer (acceptance of the Agreement is equivalent to concluding/signing the Agreement on the terms, set forth in this public contract (offer)).
1. TERMS AND DEFINITIONS
1.1. Online store - a store with a presented assortment on the "Internet" network, where goods are sold directly to the consumer. At the same time, the placement of consumer information, the ordering of goods and the transaction take place there, within the network (on the website of the online store).
1.2. Insta-store - a store with a presented assortment on the page of the "Instagram" social network, where goods are sold directly to the consumer. At the same time, the posting of consumer information, the ordering of goods and the transaction take place both through the exchange of private messages on the "Instagram" network and through any communication channel that connects the Seller with a potential Buyer.
1.3. Order - the Buyer's request to purchase or order the manufacture of the Goods of his choice, duly executed and placed using the Messenger.
1.4. User is a person viewing information on the Page.
1.5. Messenger - a system for exchanging instant messages, photos, videos, audio recordings and for group chats, which is created on the basis of the Facebook or Instagram platforms and contains a link to the insta-shop Page @shower.pack and Facebook "dry shower Shower Pack", as well as other independent systems of instant information exchange, which are tied to the phone number of the owner and administrator of the Shower Pack online store. Such messaging systems include Viber, WatsApp, Telegram, Signal and others.
1.6. The Buyer is a person who intends to purchase the Goods and has sent an order to the Seller via Messenger.
1.7. The site is the website of the online store located on the Internet at the address: https://showerpack.com.ua/, as well as the corresponding pages in social networks that lead to the site pages or sell products with a similar assortment under the administration of the Seller .
1.8. Social network page (Page) - a page on the “Instagram” network @shower.pack (link https://www.instagram.com/shower.pack/) and the Facebook network “dry shower Shower Pack” (link https://www .facebook.com/shower.pack/) and "Shower Pack - Dry Shower (link https://www.facebook.com/showerpack.com.ua), on which the product of the Shower Pack store is placed.
1.9. Goods - goods offered for sale by the Seller, the image and/or description of which is posted on the Site and Pages.
2. General provisions
2.1. The contract is an offer of the Seller addressed to an unspecified number of persons and contains all the essential conditions for the conclusion of an electronic contract for the sale of Goods under the conditions defined below.
2.2. By acceptance, the Buyer certifies his full and unquestionable agreement with all the provisions and rules of this Agreement and the policies, rules and other pages of the Site to which there are links, without any exceptions and limitations, and confirms that he is familiar with its terms until the moment execution of the Acceptance.
2.3. The moment of Acceptance is when the user marks "I agree with the terms of the public offer" on the Order completion page and sends the Order to the Seller using the information system of the Site or confirming the order in the Messenger dialog box and through any communication channel that connects the Seller with a potential The buyer
2.4. An electronic contract for the purchase and sale of Goods is considered to be concluded from the moment the Seller receives the User's Order with the selected Goods or the end of the dialogue in the dialog box connected to the Site or social network page of the messenger. The dialogue in such a messenger must contain all the details inherent in the Order - the name of the Product, its price, payment and delivery conditions.
2.5. The fact of receiving the Order is confirmed by the Buyer receiving an e-mail at the e-mail address or a call to the phone number indicated by the Buyer during registration.
2.6. If the Buyer chooses the "do not call" option during the Order on the Site, then he receives an SMS message confirming the order with the number of the consignment note. Such an SMS message is sent to the phone number specified by the Buyer during checkout
ormling Order.
2.7. If the order of the Goods takes place through the exchange of messages in Messengers, then the receipt of the Order is confirmed by the Buyer's receipt of a corresponding message in the messenger about the formation and acceptance of such an Order for execution.
3. Subject of the Agreement
3.1. The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Site and/or on the Page in social networks, and the Buyer undertakes to accept the Goods and pay its cost.
3.2. This Agreement, among other things, also regulates the following issues:
3.2.1. selection of Goods by the Buyer and processing of Orders;
3.2.2. processing of Orders by the Seller and delivery to the Buyer;
3.2.3. conditions and procedure for payment by the Buyer of the ordered Goods;
3.2.4. consent to the processing of personal data and the policy of using such data;
3.2.5. any other terms and conditions determined by the Seller in its sole discretion.
4. Order registration procedure
4.1. The seller can set a minimum order amount, which is indicated on the Site and/or Pages. Unless otherwise stated on the Site and/or Pages, the minimum order amount is UAH 300.
4.2. The User independently places an Order on the Site by adding the Goods of his choice to the virtual cart by clicking the corresponding button on the Site, or by sending a corresponding request-message to the Messenger.
4.3. The User is responsible for the accuracy of the data specified in the Order. In the event that inaccurate (incorrect) data in the order led to additional costs for the Seller, related to the delivery of the Goods to the wrong address or delivery of the Goods that do not belong to the recipient, all related losses and expenses are borne by the Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Payer as payment for the Goods.
4.4. In the event that, after placing the Order, it turns out that one or more goods from the Order are not in the Seller's warehouse, or its production is difficult, the Seller contacts the Buyer to clarify the Order, and in the event that the Buyer does not respond within 7 (seven) calendar days on the specified contact data in the Order, or does not agree to receive the Order without goods that the Seller does not currently have in stock, the Seller has the right to cancel the Order and delete it from the system, notifying the Buyer of this by means of an appropriate message or other available communication channel communication with the Buyer.
4.5. Completion of order formation is acceptance of this public contract and the User acquires the status of Buyer.
5. Price of the Product and its payment
5.1. The price of the Product is determined by the Seller at its own discretion and is indicated on the relevant web page of the Site, in the relevant stories, posts on social networks or in the Messenger.
5.2. The cost of the Order is determined by adding the price of all the selected Goods placed in the virtual basket. The price of delivery may be added to the price of the order, if such payment was chosen by the Buyer. Appropriate amounts of discounts/savings (if any) may be applied to the cost of the Order.
5.3. The cost of the order cannot be revised by the Buyer.
5.4. Payment for the Goods shall be made by the Buyer in the amount corresponding to the total cost of the Order, indicated on the web page or in the message in the messenger dialog before completing the Order, taking into account the amount of all discounts/savings.
5.5. The cost of the Order may vary depending on the price, quantity or range of Goods.
5.6. The Buyer can pay the cost of the Order in the following ways, if this possibility technically exists:
5.6.1. with a payment card on the Site using technical means provided by the appropriate legal entity acting as an online acquirer based on the relevant agreement with the Seller.
5.6.2. according to the details specified by the Seller;
5.6.3. in the postal operator's office on the terms of payment after payment. Payment of the goods on the terms of post-payment can be applied when a deposit amount of at least UAH 100 is made.
5.7. Payment for the Goods is made in hryvnias.
5.8. Transferred funds in accordance with clause 5.4. of the Agreement, act as a guarantee for future payment and are a deposit in the amount specified in the payment notice.
5.9. The money of the paid deposit in the amount of the delivery cost is not returned to the Buyer:
5.9.1. in case of non-receipt at the post office within 7 (seven) days;
5.9.2. refusal to receive the Goods from the postal operator.
5.10. The Seller has the right to provide discounts on Goods and implement loyalty programs. The types of discounts, bonuses, the order and terms of their accrual are indicated on the Page and may be changed by the Seller unilaterally.
5.11. The Seller can independently provide a discount on the ordered Goods, which the Buyer will be informed about.
5.12. For forms of payment, unless otherwise specified on the page with payment conditions, the following rules for payment of the Product and fees for recalculation of payment may apply:
5.12.1. delivery fee upon delivery to a post office (Ukrposhta, Nova Poshta and others) or courier delivery (the commission for transferring funds is paid by the Buyer);
5.12.2. By bank card (when placing an order on the website).
6. Terms of execution of the Order, delivery and receipt of orders
6.1. Delivery of the Order to the Buyer is carried out within 3 working days, taking into account the Seller's work schedule, weekends and holidays. The Seller reserves the right to change the time and date of delivery after prior agreement with the Buyer.
6.2. In the event that the delivery of the Orders is carried out by delivery services (hereinafter referred to as Carrier Companies/Postal Operators), by Acceptance of this Public Offer, the Buyer fully and unconditionally agrees to the Rules of Cargo Transportation of Carrier Companies. The terms of such Rules can be found on the websites of the respective Carrier Companies.
6.3. The fact of receiving the Order with the selected Goods and the absence of complaints about the quality of the Goods delivered by the Carrier Companies is confirmed by the Buyer with his own signature on the goods - transport/express invoice or the fact of receiving the goods from the postal operator at the time of receiving the Order.
6.4. The Buyer is obliged to inspect the Goods at the branch of the Carrier Company and to certify its compliance with the ordered nomenclature, the quantity and completeness of the goods, as well as its integrity.
6.5. The Seller guarantees the shipment of the Goods to the carrier company in the quantity indicated by the Buyer in the Order, in completeness according to the Order, in proper (working) condition and quality.
6.6. Delivery delays are possible under uncertain circumstances arising under conditions beyond the control of the Seller and/or the Carrier Company.
6.7. During delivery, the Order is handed over to the Buyer or a third party specified in the Order as the recipient (hereinafter both the Buyer and the third party are referred to as the "Recipient"). At the same time, the Parties have agreed that in the relationship between the Buyer and the Seller, the person who is the proper party in this legal relationship is the person who placed the order, regardless of who made the payment, and receives such a shipment.
6.8. If the Recipient cannot receive the Order, the Order can be delivered to a person who can provide information about the Order (shipment number, Recipient's name), as well as pay the cost of the Order in full or provide a document certifying its payment.
6.9. In the absence of the Recipient's refusal to receive the Goods for unjustified reasons, the Goods are returned to the Seller, and the order is cancelled. Delivery costs are covered by funds received by the Buyer as a security payment (deposit).
6.10. The risk of accidental damage to the Goods passes to the Recipient from the moment the Order is handed over to him and the Recipient signs the documents confirming the delivery of the Order.
6.11. The User/Buyer can find out all questions that arise in the process of payment and receipt of Orders using the Seller's contact details in the contact section in a way convenient for the User/Buyer.
6.12. When re-ordering after a certain period of time, the color and size of the ordered Goods may have insignificant differences, of which the Buyer is deemed to have been warned and claims in this part are not accepted.
7. Return of orders
7.1. When receiving the Goods from any postal operator, the Buyer is obliged to check the external integrity of the packaging, after which to open it and directly at the postal operator's office to verify the proper external condition of the Goods (absence of mechanical damage) and completeness of its completeness.
7.2. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record it in the completed Deed of Defects of an arbitrary form. The act must be signed by the Buyer and a representative of the postal operator through which the ordered Goods were delivered. If possible, defects should be recorded by means of photo or video recording. After signing the Act on discovered defects, the Goods are returned to the person who delivered the Order.
7.3. The fulfillment of clauses 7.1 and 7.2 of the Agreement is mandatory for further consideration of claims about the Goods. Any claims regarding the completeness and completeness of the goods without fulfillment of clauses 7.1 and 7.2 of the Agreement shall not be considered by the Seller.
7.4. The goods sold in the store belong to personal/sanitary hygiene items and, in accordance with the Cabinet of Ministers of Ukraine Resolution No. 172 of 03/19/1994, are included in the list of goods that cannot be exchanged (returned).
8. Liability of the parties
8.1. In case of violation of the terms of payment for services, the Seller has the right to unilaterally terminate the Agreement.
8.2. The seller is not responsible for the quality of public communication channels and interruptions in the data transmission network, including the global Internet, which are used to access Messengers and the insta-shop in.
8.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, violation, termination or invalidity, which have not been resolved through negotiations, shall be resolved in the appropriate court in accordance with the applicable law of Ukraine.
9. Force majeure
9.1. The Parties are released from responsibility for untimely or improper fulfillment of obligations under the concluded electronic contract of sale, if the non-fulfillment is the result of extraordinary circumstances, the occurrence of which is not related to the will of the Parties, such as military actions, strikes, riots, accidents, natural disasters disaster, changes in the legislation of Ukraine, as well as other extraordinary circumstances that arose after the conclusion of this Agreement and directly affect the fulfillment of the terms of this Agreement and which the Parties could not foresee or prevent with reasonable actions.
9.2. The buyer, for whom it became impossible to fulfill obligations due to the occurrence of force majeure circumstances, must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, and also provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days.
9.3. In order to confirm the information about the impossibility of fulfilling obligations due to force majeure on the part of the Seller, posting a corresponding message on the Site, as well as stories or posts on the Pages.
10. Term of validity of the Agreement
10.1. The contract is valid for 2 (two) months from the date of placing the Order or another term specified on the Site/Page.
10.2. The Seller and/or the Site Administrator has the right to unilaterally terminate this Agreement in case the Buyer fails to fulfill his obligations under this Agreement.
10.3. The Seller and/or the Site Administrator may change the terms of this Agreement unilaterally. In case of disagreement with the changed conditions, the Buyer has the right to terminate the Agreement unilaterally.
11. Other conditions
11.1. The photos of the Product contained on the pages of the Site are simple illustrations and may differ from the actual appearance of the Product. The descriptions/characteristics accompanying the Product do not claim to be comprehensive and may contain typographical errors. To clarify information about the Product, the Buyer or potential buyer can use the communication channel of his choice in the cash section or via Messenger.
11.2. The seller can make audio recording of conversations using the appropriate telecommunications equipment. In addition, the Seller may not warn about the fact of audio recording by means of a verbal warning. Such a record may be made by the Seller to exercise the Seller's rights and legitimate interests, as well as to improve the quality of service provision, etc. The Seller is guided by the statement that the potential Buyer/Purchaser who does not agree to the audio recording of the conversation may not continue to communicate with the Seller's representative at any time.
11.3. The warranty period of the Product is indicated on the packaging.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. All rights to the content posted on the Site and Pages of social networks, as well as to all materials belong to the Seller or its partners, who have given the Seller consent to post such materials.
12.2. Intellectual property rights to the materials used on the Site and Page, in particular, but not exclusively, images, videos, logos, graphics, sounds, belong to the Seller.
12.3. The specified content can be used in the following ways: by getting acquainted with it (by viewing, reading, listening, other familiarization depending on the type of Content, as well as by reproduction exclusively for personal purposes).
12.4. It is strictly forbidden to use content from the Site and Pages without the consent of the owner or administrator of the page for posting on other pages in social networks or sites on the Internet.
12.5. All content materials (photos, videos, images, drawings, etc.) provided by the Seller to the Buyer in the process of interaction are the result of the Seller's intellectual activity.
12.6. The Buyer agrees to the use of his photo-video image, feedback on the services provided and other data received by the Seller during the provision of services. If the Buyer disagrees with the use of his image or other data, he must notify the Seller.
13. Disclaimer on the processing of personal data
13.1. Personal data is processed in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI "On the Protection of Personal Data" and the Privacy Policy.
13.2. Personal data indicated by the Buyer are processed "as is" in the process of processing orders, which include, but are not limited to: surname, first name, contact phone number, city, nickname in social networks, if the order was made from the Pages, as well as the email address mail
13.3. The processing of the Buyer's personal data is carried out in accordance with the legislation of Ukraine. The buyer gives the seller the right to arr
collection of his personal data in connection with the provision of services to him stipulated by this Agreement, including for the purpose of receiving advertising messages about the goods sold by the online store. Therefore, the processing of the Buyer's personal data is carried out in connection with the performance of the contract concluded on the terms of this Offer, the Buyer's consent to the processing of his personal data is not required. The period of use of the provided personal data is indefinite. The Buyer guarantees and is responsible for the fact that the data specified in the Order are voluntarily provided by him and/or third parties during the order placement and all these persons are familiar with and agree with the Offer.
Individual entrepreneur
Upatov Mykyta
RNOKPP 3411307315