PUBLIC OFFER AGREEMENT

This agreement is in the nature of a public offer, is equivalent to an oral agreement and has due legal force.

Private entrepreneur Didoshak O.

https://cici-coco.com.ua/

GENERAL PROVISIONS

1.1. This agreement is a public offer (in accordance with Articles 633, 641 and Part 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the purchase and sale remotely, i.e. through the INTERNET STORE.

1.2. In accordance with Art. 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of the public AGREEMENT, i.e. the public offer of the ONLINE STORE, is the fact of placing an order in accordance with Clause 4 of this AGREEMENT and full payment for the order under the terms of this AGREEMENT.


1.3. By concluding the AGREEMENT, the Buyer confirms that he is fully and completely familiar with and agrees with its terms. If the Buyer is an individual, by concluding this AGREEMENT, he gives permission to process his personal data in order to be able to fulfill the terms of this AGREEMENT, make payments, receive invoices, invoices, certificates and other documents. The permission to process personal data is valid throughout the term of the AGREEMENT. In addition, by concluding this AGREEMENT, the Buyer confirms that he has been notified of the rights defined by the Law of Ukraine "On Personal Data Protection" and has been informed of the purpose of data collection. The scope of the Buyer's rights as a subject of personal data in accordance with the specified Law is known and understood by him.

  1. TERMS AND DEFINITIONS

2.1. "INTERNET - SHOP" - the SELLER's website, created for concluding retail purchase - sale agreements based on the Buyer's familiarization with the descriptions of the Goods, photographs, videos, etc. offered by the SELLER, using the Internet, which excludes the possibility of the Buyer's direct familiarization with the Goods (remotely) for the sale of the Goods.

2.2. "GOODS" - a list of product range items presented in the ONLINE STORE.

2.3. "PERSONAL DATA" - any information that directly or indirectly relates to a specific person or to an identifiable person.

2.4. "MAJOR DEFECT OF THE GOODS" - a defect that makes it impossible or unacceptable to use the goods in accordance with their intended purpose, arose due to the fault of the manufacturer (SELLER), after its elimination appears again for reasons independent of the consumer and is endowed with at least one of the following features:

a) it cannot be eliminated at all;

b) its elimination requires significant costs;

c) he makes the goods significantly different from what is provided for in the CONTRACT;.

  1. SUBJECT OF THE CONTRACT

3.1. THE ONLINE STORE 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.

3.2. This agreement regulates the purchase and sale in the ONLINE STORE, including:

a) voluntary choice by the Buyer of goods in the ONLINE STORE;

b) independent order placement by the Buyer on the website in the ONLINE STORE;

c) placing an order by the Buyer using telephone communication or other means of communication (Viber, WhatsApp, etc.);

d) payment by the Buyer of the order placed in the ONLINE STORE;

e) execution and transfer of ownership of the order to the Buyer under the terms of this AGREEMENT.

  1. ORDER PROCEDURE

4.1. The Buyer independently places an order online in the ONLINE STORE or using communication tools at the contacts specified in the ONLINE STORE. The Seller may provide assistance in placing or change the order with the Buyer's prior consent using communication tools or the WEBSITE's tools.

  1. COST AND PAYMENT PROCEDURE FOR THE GOODS

5.1. The full cost of the goods is indicated on the pages of the SELLER'S ONLINE STORE.

5.2. Prices for Goods and services may vary depending on the SELLER's costs and market conditions, which is reflected in the prices in the ONLINE STORE.

The SELLER cannot change the price for a specific Buyer if the Buyer has already accepted the SELLER's terms and conditions and has paid for the Goods (services) in accordance with the procedure established by this AGREEMENT.

5.3. The Buyer pays for the order within 2 business days by bank transfer to the SELLER's current account specified in the invoice, including via Internet banking. In addition, payment is possible to the SELLER's current account, via NovaPay, in cash upon receipt of the order at the postal service or by other methods specified on the SELLER's WEBSITE.

  1. ORDER DELIVERY

6.1. The shipment of the goods to the Buyer takes place after the Buyer receives full payment for the invoice (message) issued or generated by the WEBSITE.

6.2. The Buyer receives the Goods by delivery service or receives them in person.

6.3. Delivery of goods is carried out by a transport company (carrier) at the expense of the Buyer.

6.4. When ordering wholesale shipments, delivery times and 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).

  1. PROCEDURE FOR EXCHANGE AND RETURN OF GOODS OF PROPER QUALITY

7.1. The Buyer has the right to exchange the Goods of proper quality for a similar one from the SELLER from whom it was purchased, if the goods do not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose under the following conditions:

a) the goods for exchange were provided by the SELLER within no more than fourteen days, excluding the day of purchase;

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

c) the product does not contain scratches, chips, abrasions, is completely intact (working);

d) the completeness of the goods is preserved;

e) the goods may be replaced upon presentation by the Buyer of the payment document issued to the Buyer together with the sold Goods.

7.2. If the Goods do not meet the conditions specified in clause 7.1., the Seller has the right to refuse to exchange the Goods.

7.3. Transportation costs for delivery of the Goods upon exchange under clause 7.1. are borne by the Buyer.

7.4. When exchanging goods, their warranty period is recalculated from the date of exchange.

7.5. If at the time of exchange a similar product is not available for sale, the Buyer has the right to either purchase any other products from the available range with an appropriate transfer of the cost, or terminate the contract and receive a refund in the amount of the cost of the returned product, or exchange the product for a similar one when the corresponding product first becomes available for sale.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Buyer is obliged to:

a) familiarize yourself with the information about the Product posted on the SELLER's website;

b) place an order on the website or using communication means in the ONLINE STORE;

c) timely pay for and receive the order from the Carrier under the terms of this AGREEMENT;

d) upon receipt of the goods from the carrier, verify their integrity and completeness by inspecting the contents of the packaging. In case of damage or incompleteness, record them in a report, which must be signed by the carrier's employee together with the Buyer.

8.2. The Buyer has the right to require the ONLINE STORE to comply with the terms of this AGREEMENT.

8.3. THE ONLINE STORE is obliged to:

a) comply with the terms of this AGREEMENT;

b) transfer the goods to the Buyer in accordance with the selected description posted in the ONLINE STORE, the placed order and the terms of this AGREEMENT;

c) THE ONLINE STORE is not responsible and does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties.

8.4. THE ONLINE STORE has the right:

a) unilaterally suspend the provision of services under this AGREEMENT in the event of the Buyer's violation of the terms of this AGREEMENT.

  1. Procedure for receiving goods by the Buyer

9.1. Upon receipt of the Goods at the carrier's warehouse, from the courier or the SELLER, the Buyer is obliged to check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its completeness.

9.2. In the event of at least one of the listed defects, the Buyer is obliged to record it in a drawn up act of any form. The act must be signed by the Buyer and an employee of the carrier or the SELLER. If possible, the defects must be recorded by means of photography or video recording. Within 1 (one) day, the Buyer is obliged to notify the manager (the SELLER's representative responsible for placing the order for the Goods) of the identified defects and agree on the replacement of the Goods, while filling out the complaint form for the return of the Goods.

9.3. The parties agreed that in case of failure to comply with the mandatory requirements of the specified procedure, the goods shall be deemed to have been received by the Buyer in good condition.

  1. GUARANTEE

10.1. If the SELLER specifies a warranty period on the WEBSITE - the Seller undertakes to carry out free warranty repairs or replace the relevant Goods if defects are detected under the conditions specified in the Warranty Card.

10.2. A warranty card is provided to the Buyer for separately specified goods, when executing a PURCHASE AGREEMENT, which indicates the date of sale, the SELLER's signature (if any), and the buyer's signature are affixed.

  1. RESPONSIBILITY OF THE PARTIES

11.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this AGREEMENT in accordance with the procedure provided for in this AGREEMENT and the current legislation of Ukraine.

11.2. In the event of force majeure, the parties are exempt from fulfilling the terms of this AGREEMENT. For the purposes of this AGREEMENT, force majeure circumstances are understood to mean events of an extraordinary, unavoidable, unforeseeable nature that exclude or objectively prevent the performance of this AGREEMENT, the occurrence of which the Parties could not foresee and prevent by reasonable measures.

11.3. The party invoking force majeure circumstances must notify the other party in writing via e-mail within five calendar days of the occurrence of such circumstances.

11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this AGREEMENT lasts for more than five months, each Party has the right to terminate this Agreement unilaterally by notifying the other party in writing.

11.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.

11.6. If they cannot be eliminated, the parties have the right to seek judicial protection of their interests.

  1. OTHER CONDITIONS

12.1. THE ONLINE STORE reserves the right to unilaterally amend this Agreement with prior publication on the website.

12.2. THE ONLINE STORE was created to organize a remote method of selling goods via the Internet.

12.3. THE ONLINE STORE is not responsible for the content and veracity of the information provided by the Buyer when placing an order.

12.4. The buyer is responsible for the accuracy of the information provided when placing an order.

12.5. Payment by the Buyer of an order placed in the ONLINE STORE means the Buyer's full agreement with the terms of the PURCHASE AND SALES AGREEMENT (public offer of the ONLINE STORE) and is the date of conclusion of the PURCHASE AND SALES AGREEMENT between the SELLER and the Buyer.

12.6. Using the ONLINE STORE resource to view the goods, as well as to place an order, is free of charge for the Buyer.

12.7. The information provided by the Buyer is confidential. The ONLINE STORE uses information about the Buyer solely for the purposes of operating the ONLINE STORE (sending a notification to the Buyer about the order fulfillment, sending advertising messages, etc.).

12.8. By accepting the AGREEMENT or registering on the website (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his/her personal data in the SELLER's registered database "Clients" for the following purpose: the data that becomes known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, sending by telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles 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 Buyer's postal address, e-mail, as well as send SMS messages, make calls to the telephone number specified in the form.

12.9. The Buyer grants the SELLER the right to process his personal data, including: to place personal data in the Buyer's databases (without additional notification of the Participant about this), to carry out lifelong storage of data, their accumulation, updating, modification (as necessary). The Buyer undertakes to ensure data protection 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 upon mandatory request of a competent state authority).

12.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the SELLER by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

  1. TERM OF VALIDITY OF THIS AGREEMENT

13.1. This agreement comes into force from the date of placing an order or registering in the ONLINE STORE and is valid until all terms of the AGREEMENT are fulfilled.