to order, purchase, sell, and deliver goods
This agreement is an official and public offer of the Seller to enter into a sales contract of the Goods presented on the site rare-collection.store. This agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of the order, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and all other terms of the contract. The Agreement is considered concluded from the moment of clicking the "Confirm Order" button on the ordering page in the "Shopping cart" section and receipt by the Buyer of an order confirmation from the Seller in electronic form.
1. Terms and definitions
1.1. Public offer (hereinafter - the "Offer") - a public offer of the Seller, addressed to an indefinite number of persons, to enter into an agreement with the Seller to buy and sell goods remotely (hereinafter - the "Agreement") on the terms stated in this Offer.
1.2. The Goods or Services - the object of the agreement of the parties, which was selected by the Buyer on the website of the Online Store and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.
1.3. The Online store - the Seller's website at www.rare-collection.store, created for retail and wholesale sales via the Internet.
1.4. The Buyer - legally capable person, that has reached 18 years of age, or a legal entity or individual entrepreneur who has received information from the Seller, has placed an order to purchase goods presented on the website of the online store for non-business purposes activities.
1.5. The Seller - individual entrepreneur Iryna Pianivska (identification code 3116016722), which operates in accordance with current legislation of Ukraine.
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 concluding the Offer Agreement (acceptance of the offer) and the moment of full and unquestioning acceptance by the Buyer of the terms of the Agreement is the date of filling in the Buyer's order form on the Online Store, provided the Buyer receives electronic order confirmation from the Seller. If necessary, on the request of the Buyer, the Agreement may be executed in writing.
3. Ordering
3.1. The Buyer places an order on the Online Store via the "Shopping cart" form, or by placing an order by email or phone number specified in the contacts section of the online store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order 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 required by the Seller to fulfill the order:
3.3.1. last name, first name of the Buyer;
3.3.2. contact phone number
3.3.4. e-mail address.
3.4. The name, quantity, price of the Goods selected by the Buyer are indicated in the Buyer's shopping cart on the website of the Online Store.
3.5. If either Party needs additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when buying Goods from the Online store.
3.6. When placing an order by phone through the Seller's operator (paragraph 3.1. Of this Offer), the Buyer undertakes to provide the information specified in paragraphs 3.3 - 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is confirmed by the Buyer filling in the relevant data in the registration form on the website of the Online Store or when placing an Order through the Operator. After placing the Order through the Operator, the data on the Buyer is entered into the database of the Seller.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this Offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) the Buyer is fully acquainted with and agrees to the terms of this Agreement (the Offer);
b) in accordance with the Privacy Policy www.rare-collection.store, the Buyer gives permission to collection, processing and transfer of personal data. Permission to processing of personal data is valid throughout the term of the Agreement, as well as indefinitely after its expiration.
4. Price and Delivery of the Goods
4.1 Prices for the Goods and Services are determined by the Seller independently and listed on the website of the Online Store or informed by the operator during the ordering process.
4.2 Prices for the Goods and Services may change by the Seller unilaterally depending on market conditions. At the same time, the price of a single unit of the Goods, the value of which is paid by the Buyer and received by the Seller in full, may not be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the Online Store does not include the delivery cost of the Goods to the Buyer.
4.4. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer’s address following the Buyer’s request sent to the Seller by e-mail or when placing an order through the operator of the Online store.
4.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received to the bank account specified on the website of the Online Store.
4.6. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the website of the Online Store in the section "Payment and Delivery".
4.7. The right of ownership and the risk of accidental loss or damage to the Goods are passed to the Buyer or his Representative from the moment the Goods are received by the Buyer (his Representative) at the place of sale of the Goods or from the moment the Seller transfers the Goods to delivery service.
5. Rights and obligations of the Parties
5.1. The Seller must:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and Privacy Policy of rare-collection.store during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 In addition to other rights provided by the Agreement, the Seller may change the terms of this Agreement, as well as prices for the Goods and Services, unilaterally, by placing them on the website of the Online Store. All changes come into effect from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, to read the content and terms of the Agreement, the terms of the Privacy Policy of rare-collection.store and the prices offered by the Seller on the website of the Online Store.
5.3.2 In order for the Seller to fulfill their obligations to the Buyer, the latter must provide all necessary information that uniquely identifies him as the Buyer and are sufficient for delivery of the ordered Goods to the Buyer, and in case of receipt by the Buyer's Representative - provide relevant data on the Representative.
6. Return of the Goods
6.1. The Buyer - an individual person has the right to return the Goods to the Seller, if the product has not satisfied them with its shape, measurements, style, color, size or for other reasons the product can not be used for its intended purpose. The Buyer - an individual person has the right to return the Goods of an appropriate quality within 14 (fourteen) days, not including the day of purchase. Return of the Goods of an appropriate quality is carried out if it has not been used and if its appearance, characteristics, packaging, seals, labels, as well as the payment document issued to the Buyer - an individual person have been kept. The list of the Goods that are not subject to return on the grounds provided for in this paragraph are approved by the Cabinet of Ministers of Ukraine.
6.2. Refund to the Buyer - an individual person of the value of the Goods of an appropriate quality is carried out within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements of paragraph 6.1. of the Agreement, and current legislation of Ukraine.
6.3. The value of the Goods returned and accepted by the Seller shall be refunded by bank transfer to the Buyer's account.
6.4. The return of the Goods of an appropriate quality to the address of the Seller is made at the expense of the Buyer and is not refunded by the Seller.
6.5. In case defects were detected on the Goods during the warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to submit requests to the Seller in accordance with the Law of Ukraine "On Consumer Protection". When submitting claims for free elimination of defects, the deadline for their elimination is calculated from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.
6.6. Consideration of the requests submitted by the Buyer according to the Law of Ukraine "On Consumer Protection" is carried out by the Seller given that the Buyer provides the documents required by current legislation of Ukraine. The Seller is not responsible for defects of the Goods that arose after its transfer to the Buyer as a result of violation by the Buyer of the usage and(or) storage rules for the Goods, actions of third parties or force majeure.
6.7. The Buyer cannot refuse the Goods of an appropriate quality, which has individually defined properties, if the Goods can be used only by the Buyer who purchased it (including Goods of non-standard sizes, characteristics, appearance, package and others at the request of the Buyer). Confirmation that the product has individually defined properties is the difference between the size of the product and other characteristics specified in the Online store.
6.8. Return of the Goods, in cases provided by law and this Contract, is carried out at the address specified on the website in the section "Contacts".
7. Responsibility
7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, late execution of the 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 are released from liability for full or partial non-performance of its obligations if the non-performance is the result of force majeure, such as war or hostilities, martial law, earthquake, flood, fire and other natural disasters, regardless of the will of the Seller and (or) the Buyer after the conclusion of this Agreement. The Party that is unable to fulfill its obligations promptly, i.e. immediately, if objectively possible but not later than 3 days from the event, notifies the other Party using any means of communication that allow to record the time, content and recipient of the message.
8. Other conditions
8.1. This Agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
8.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and(or) the Seller have the right to take legal actions in accordance with current law of Ukraine.
8.3. The Seller has the right to amend this Agreement unilaterally in accordance with paragraph 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by current legislation of Ukraine.