This offer is an official offer of the Ame INTERNET SHOP, on behalf of which the individual entrepreneur Korzhenovska-Kravchenko Anastasia Andriivna acts (recipient account in the format in accordance with the standard UA653220010000026008330055603, JSC “UNIVERSAL BANK”), registered in the Unified State Register of Legal Entities and Individual Entrepreneurs in accordance with the procedure established by the current legislation and which is a single tax payer hereinafter referred to as the “SELLER”, to conclude a contract for the sale of goods remotely through the INTERNET SHOP, hereinafter referred to as the “AGREEMENT”, and places a PUBLIC OFFER (offer) on the official INTERNET SITE of the SELLER https: //amepublic. com (hereinafter referred to as the “WEBSITE and/or ONLINE STORE”).
This agreement has the character of a public offer, is equivalent to an oral agreement and has due legal force.
1. GENERAL PROVISIONS
1.1 This agreement is a public offer (in accordance with Articles 633, 641 and p. 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the sale and purchase remotely, that is, through the INTERNET SHOP.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of the public AGREEMENT, i.e. the public offer of the INTERNET STORE, is the fact of placing an order in accordance with clause 4 of this AGREEMENT and full payment of the order under the terms of this AGREEMENT.
1.3. By concluding the AGREEMENT, the BUYER confirms that he is fully and completely familiarized and agrees with its terms. If the Buyer is an individual, by concluding this AGREEMENT, he/she authorizes the processing of his/her personal data in order to fulfill the terms of this AGREEMENT, make payments, receive invoices, invoices, acts and other documents. The permission to process personal data is valid for the entire term of the AGREEMENT. In addition, by entering into this AGREEMENT, the Buyer confirms that he has been informed 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 said Law is known and understood by him/her.
2. TERMS AND DEFINITIONS
2.1. “ONLINE STORE” – the SELLER’s website created for the conclusion of retail sales contracts on the basis of 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 direct familiarization of the Buyer with the Goods (remotely).
2.2. “GOODS” – a list of assortment items presented in the ONLINE STORE.
2.3. “PERSONAL DATA” – any information that directly or indirectly relates to a specific person or to a person who is determined.
2.4. “SIGNIFICANT DEFECT OF THE GOODS” – a defect that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, arose through the fault of the manufacturer (SELLER), after its elimination appears again for reasons independent of the consumer and at the same time has at least one of the following features
a) it cannot be eliminated at all;
b) its elimination requires significant costs;
c) it makes the goods significantly different from those provided for in the CONTRACT;.
3. SUBJECT OF THE AGREEMENT
3.1. The online store undertakes to transfer the ownership of the goods to the Buyer, and the Buyer undertakes to pay and accept the goods on the terms of this Agreement.
3.2. This Agreement governs the sale and purchase in the Online Store, including:
a) voluntary selection of goods by the Buyer in the ONLINE STORE;
b) the Buyer’s independent placement of an order on the website in the Online Store;
c) placing an order by the Buyer by means of telephone or other communication means (Instagram, Telegram, etc.);
d) payment by the Buyer for the order placed in the ONLINE STORE;
e) fulfillment and transfer of the order to the Buyer in the ownership under the terms of this AGREEMENT.
4. ORDERING PROCEDURE
4.1 The buyer independently places an order online in the ONLINE STORE or by means of communication means using the contacts indicated in the ONLINE STORE. The Seller may provide assistance in placing, or change the order with the prior consent of the Buyer using communication tools or tools of the INTERNET SITE.
5. 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 may not change the price for a particular Buyer if the latter has already accepted the SELLER’s terms and conditions and made payment for the Goods (services) in the manner prescribed by this AGREEMENT.
5.3. The BUYER pays for the order within 2 working days by bank transfer to the current account of the SELLER indicated in the invoice, including through Internet banking. In addition, payment is possible to the current account of the SELLER, through WayForPay, in cash upon receipt of the order in the postal service or in other ways specified on the SELLER’S WEBSITE.
6. DELIVERY OF THE ORDER
6.1. Shipment of the goods to the Buyer occurs after receipt from the Buyer of full payment on the invoice (notification) issued or generated by the WEBSITE.
6.2. The Buyer receives the Goods by delivery service or receives it personally.
6.3. Delivery of the goods is carried out by the transport company (carrier) at the expense of the Buyer.
6.4. When ordering wholesale lots, the terms and methods of delivery are agreed separately in each 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).
7. PROCEDURE FOR EXCHANGE AND RETURN OF GOODS OF GOOD QUALITY
7.1. The BUYER has the right to exchange the Goods of good quality for a similar one from the SELLER from whom it was purchased, if the goods did not satisfy him in shape, size, style, color, size or for other reasons cannot be used for their intended purpose under the following conditions:
a) the goods for exchange are provided to the SELLER within no more than fourteen days, not counting the day of purchase;
b) the goods can be replaced if they have never been in use, do not contain traces of use, their presentation, consumer properties, seals, labels, films, packaging, and the integrity of the packaging of both the goods and their components are not violated;
c) the goods are free of scratches, chips, abrasions, and are completely intact (in good condition);
d) the complete set of goods is preserved;
e) the goods can 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 the delivery of the Goods in the exchange under clause 7.1. are borne by the Buyer.
7.4. When exchanging goods, its warranty period is calculated anew from the date of exchange.
7.5. If at the time of the exchange a similar product is not on sale, the Buyer has the right to either purchase any other products from the available assortment with the corresponding transfer of cost, or terminate the contract and receive a refund in the amount of the value of the returned product, or exchange the product for a similar product at the first receipt of the corresponding product for sale.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer is obliged to:
a) familiarize himself with the information about the Goods, which is posted on the SELLER’s website;
b) independently place an order on the website or by means of communication means in the online store;
c) timely pay 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 package. In case of damage and incomplete completeness, record them in the act, which must be signed by the carrier’s employee together with the Buyer.
8.2. The BUYER has the right to demand that the E-COMMERCE STORE 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 to:
a) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
9. The procedure for acceptance of 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 package, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and 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 free-form act. 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 photo or video. 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 to replace the Goods, while filling out a complaint form for the return of the Goods.
9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the goods shall be recognized as received by the Buyer in proper condition.
10. WARRANTY
10.1. When the SELLER indicates the warranty period on the INTERNET SITE, the Seller undertakes to carry out free warranty repair or replacement of the relevant Goods in case of defects under the conditions specified in the Warranty Card.
10.2. The warranty card is provided to the Buyer for separately identified goods, when executing the PURCHASE AGREEMENT, which indicates the date of sale, the SELLER’s signature (if any), the BUYER’s signature.
11. RESPONSIBILITY OF THE PARTIES
11.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this AGREEMENT in the manner prescribed by this AGREEMENT and the current legislation of Ukraine.
11.2. In the event of force majeure, the parties shall be exempt from fulfilling the terms of this AGREEMENT. Force majeure for the purposes of this AGREEMENT shall mean events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the performance of this AGREEMENT, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures.
11.3. The party referring to the force majeure circumstances shall notify the other party of the occurrence of such circumstances in writing by e-mail within five calendar days.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than five months, each of the Parties shall have 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 resolved, the parties shall have the right to seek judicial protection of their interests.
12. OTHER TERMS AND CONDITIONS
12.1. The ONLINE STORE reserves the right to unilaterally amend this Agreement with its 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 accuracy 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 the order.
12.5. Payment by the Buyer for the order placed in the ONLINE STORE means the Buyer’s full acceptance of the terms of the PURCHASE AGREEMENT (public offer of the ONLINE STORE) and is the date of conclusion of the PURCHASE AGREEMENT between the SELLER and the BUYER.
12.6. The use of the resource of the ONLINE STORE 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 the information about the Buyer solely for the purposes of the operation of the Online Store (sending a message to the Buyer about the fulfillment of the order, sending advertising messages, etc.)
12.8. By accepting the AGREEMENT or registering on the site (filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data in the registered database of the SELLER “Clients” for the following purpose: the data that become known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers, information about promotions, raffles or any other information about the store’s activities by telecommunication means of communication (e-mail, mobile communication). 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 phone number indicated in the application form.
12.9. The Buyer gives the SELLER the right to process his personal data, including: to place personal data in the Buyer’s databases (without additional notification to the Participant), to carry out lifelong data storage, their accumulation, updating, changing (as necessary). The buyer 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 carry out direct data processing for the specified purposes, as well as at the mandatory request of a competent state body).
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.
13. DURATION OF THIS AGREEMENT
13.1. This agreement enters into force from the day of placing an order or registration in the ONLINE STORE and is valid until all terms of the AGREEMENT are fulfilled.