PLEKAI PUBLIC SHOP PUBLIC OFFER
1. TERMS AND DEFINITIONS
1.1. In this offer, unless the context requires otherwise, the following terms have the following meanings and are its integral part: Seller – individual entrepreneur Kh. A. Buyer – any legally capable individual who has accepted a public offer on the terms of this offer, who places an order and purchases goods from individual entrepreneur Kh. A. Zhminkovska, which are presented on the website www.plekai.com, for their personal, household and other needs not related to the implementation of entrepreneurial activities. Online store – the official online store of the seller of the FLP Zhminkovska Kh.A., located at the Internet address www.plekai.com. Within the framework of this agreement, the concepts of the Online Store and the Store, as well as the Internet addresses www.plekai.com and derivatives of www.plekai.com are equivalent and are interpreted authentically, in the context of the offer. Goods – an object (an item of clothing, accessory or other material value) presented for sale on the Website. Order – a properly executed and placed order of the Client (filled in the appropriate fields on the site in the “Cart”, “Checkout” section) addressed to the Seller, for the sale and delivery of the Goods selected on the Site to the address specified by the Client.
2. GENERAL PROVISIONS
2.1. This Public Offer (hereinafter referred to as the “Agreement”) is an official proposal of FOP Zhminkovska HA to the address of any person with legal capacity and the necessary authority to conclude with FOP Zhminkovskaya HA the contract of sale of the Goods on the terms specified in this offer and contains all the essential terms of the contract.
2.2. Relations in the field of consumer protection are regulated by the Law of Ukraine “On Consumer Protection”, the Resolution of the Law “On Electronic Commerce” and other laws and legal acts of Ukraine adopted in accordance with it.
2.3. The seller has the right to make changes to these conditions without prior notice. Changes to the terms take effect after their publication on the site and apply to any order made after publication.
2.4. Making an order on the site, placing an order by phone, as well as subscribing and registering means familiarizing the Client with these Terms, their understanding, mandatory consent and acceptance.
2.5. All textual information and graphics of the goods posted on the site are the property of the Seller or its counterparties. Viewing information or printing pages of the site is allowed only for personal use.
3. SUBJECT OF THE CONTRACT AND PRICE OF GOODS
3.1. The Seller transfers and the Buyer accepts and pays for the goods under the conditions specified in this agreement. Ownership of the ordered goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer and payment to the latter of the full value of the Goods. The risk of his accidental death
or damage to the Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer.
3.2. Prices for the Goods are determined by the Seller in a unilaterally undisputed manner and are indicated on the pages of the online store located at the Internet address: www.plekai.com.
3.3. The price of the goods is indicated in Ukrainian hryvnias, in US dollars, or in euros, depending on the selected currency on the website at the current exchange rate of the Ukrainian hryvnia to the US dollar or euro.
3.4. The offer to enter into an agreement for a specific product is valid for the duration of the product on the website of the Seller, provided that the product is in the warehouse of the Seller.
4. TIME OF CONCLUSION OF THE AGREEMENT
4.1. The text of this Agreement is a public offer in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine and is equivalent to an “oral agreement” and has proper legal force.
4.2. The Agreement concluded on the basis of the Buyer’s acceptance of this offer is an agreement to join, to which the Buyer joins without any exceptions and / or reservations.
4.3. The fact of placing an order by the Buyer is an indisputable fact that the Buyer accepts the terms of this Agreement. The Buyer who has purchased the goods in the Seller’s online store (who has placed the order for the goods) is considered to be a person who has entered into a relationship with the Seller on the terms
of this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The seller undertakes:
5.1.1. From the moment of concluding this Agreement to ensure in full all obligations to the Buyer in accordance with the terms of this agreement and applicable law. The Seller reserves the right not to fulfill its obligations under the Agreement in case of insurmountable circumstances
forces specified in clause 9 of this Agreement.
5.1.2. Process personal data of the Buyer and ensure their confidentiality in the manner prescribed by applicable law.
5.2. The seller has the right to:
5.2.1. Amend this Agreement, Prices for Goods and Tariffs for related services, methods and terms of payment and delivery of goods unilaterally, placing them on the pages of the online store located at the Internet address: www.plekai.com. All changes take effect immediately
after publication, and are considered to be brought to the notice of the Buyer from the moment of such publication.
5.2.2. Without the consent of the Buyer, transfer their rights and obligations under the Agreement to third parties.
5.3. The buyer undertakes:
5.3.1. Until the conclusion of the Agreement to read the content and terms of the Agreement, the prices for the Goods offered by the Seller in the online store.
5.3.2. To place Customer Orders, you must enter your details and place your order yourself or with the help of a customer service specialist in ways available to customers.
5.3.3. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary information, uniquely identify him as the buyer, and sufficient for delivery to the Buyer.
of the Goods ordered by him.
5.3.4. Pay for the ordered Goods and their delivery under the terms of this agreement.
5.3.5. To avoid disputes, when placing an order, read the information offered by the Seller on its website, in particular, but not limited to, sections:
Payment and delivery, Exchange and return, Privacy policy.
5.3.6. Do not use goods ordered on the website for business purposes.
6. ACCEPTANCE OF THE ORDER
6.1. After placing the Order, the Client receives information about the composition of his order, including the cost of goods and delivery address, to the e-mail address specified by him.
6.2. The Order is considered accepted for execution after the Client receives an e-mail to the e-mail address specified in the registration form, confirming the acceptance of the Order and or after the site page displays a message about the order with its number.
6.3. The Seller reserves the right to cancel the Client’s request at the stage of order confirmation.
6.4. The Seller reserves the right to agree with the Customer on these orders by phone. If it is impossible to contact the Client within 48 hours, the order made by the client
is canceled, and if the Customer has made a prepayment, the money is returned by the Seller on the bank details from which the payment was made.
6.5. After placing the order, the Buyer is provided with information about the date of delivery of the order to the Customer. The specified date depends on the availability of ordered goods in the Seller’s warehouse and the time required for processing and delivery of the order.
7. DELIVERY OF GOODS
7.1. The Customer undertakes to accept the Order within the agreed delivery time. The delivered Goods are transferred to the Client, and in his absence – to any person who has presented a confirmation of the Order or other document confirming the delivery of the goods.
7.2. The Buyer may pick up from all the Seller’s stores.
7.3. The seller tries to adhere as much as possible to the agreed delivery times. The seller is not responsible for possible delays in delivery due to unforeseen circumstances,
which occurred through no fault of the Seller, which could not have been foreseen.
7.4. For Customers from foreign countries, the Seller sends the order without taking into account taxes and duties of the Buyer’s country of residence. The price for delivery does not include taxes and duties.
8. CONDITIONS OF RETURN AND EXCHANGE OF GOODS
8.1. The buyer has the right to return the product of proper quality, if it did not fit the shape, size, style, color, size or configuration. The buyer has the right to exchange the goods of improper quality for similar goods without defects, if any, or choose
another product from the range for the same amount.
8.2. The buyer has the right to exchange or return the goods of proper quality, if it was not in use, preserved its appearance (branded packaging, seals, labels), consumer properties, preserved completeness of the goods, as well as a document confirming the facts and conditions
purchase of the specified goods (commodity or cash receipt).
8.3. To return the Goods of proper quality (including due to its exchange), the Customer undertakes to carefully pack the Goods with all components and a complete set of accessories, and attach a copy of the receipt of payment.
8.4. The procedure for returning goods of improper quality is carried out in the manner specified in paragraph 8.5.
8.5. Ways to return ordered goods:
• Return the goods through the delivery service;
• Return the goods yourself or through any courier company.
8.6. The costs of delivery of the exchange and return of goods of proper quality are paid by the Buyer.
8.7. Claims for the return of the amount of money paid for the goods are subject to reimbursement within 7 days from the date of receipt of the goods by the seller. In case of return of goods of improper quality, the Buyer is refunded the cost of goods together with the cost of delivery.
8.8. Refunds are always made in the same way as payment for the goods.
8.9. The following are not subject to exchange or return:
- Products that were in operation.
- Products that have been dry-cleaned or washed. (Products that have the smell of detergents used in dry cleaning or washing.)
- Products that have been used for photo / video shooting.
- Products without a document confirming the purchase.
- Products delivered outside Ukraine (International delivery).
- Products that were made to order.
8.10. The Seller has the right to refuse to return to the Buyer products that in subjective opinion and independent examination do not meet the requirements specified in paragraph 8.9.
9. METHODS OF PAYMENT
9.1. The buyer can pay in the following ways:
• Online payment on the site;
– Online payment using the payment link through the services of the Fondy payment system;
9.2. More detailed information on methods of payment for the goods is contained in the sections of the site “Payment” and “Delivery”.
10. FORCE MAJOR
10.1. Either Party shall be released from liability for full or partial non-performance of its obligations under this Agreement if such non-performance was caused by force majeure circumstances that arose after the signing of this Agreement. “Circumstances of Force Majeure” means extraordinary events or circumstances which such a Party could not have foreseen or prevented by means available to it. Such emergencies or circumstances include, but are not limited to, strikes, floods, fires, earthquakes, and other natural disasters, wars, hostilities, actions of Ukrainian or foreign authorities, and any other circumstances beyond the reasonable control of one from the Parties.
Amendments to applicable laws or regulations that directly or indirectly affect either Party shall not be construed as Force Majeure, however, in the event of such changes that prevent either Party from fulfilling any of its obligations under under this Agreement, the Parties shall immediately decide on the procedure for resolving this issue in order to ensure that the Parties continue to implement this Agreement.
11. CONFIDENTIALITY
11.1. Upon return of the Goods for transfer by the Seller, the Customer shall provide passport data and bank card data. The Seller has the right to use this information to fulfill its obligations to the Customer. Seller acknowledges the importance of the confidentiality of personal information provided by Customer. By providing his personal data to the Seller, the Client agrees to the Seller to process them, including to fulfill its obligations to the Client under this offer, promotion of goods and services by the Seller by sending advertising and informational mailings, electronic and sms-surveys, conducting competitions and other promotions among customers, analysis of the results of marketing campaigns, customer support, statistical research, organization of delivery of goods, control of customer satisfaction with the quality of services provided by the Seller. The persons who visit the site, as well as the Clients agree that in order to fulfill their obligations to the Client, as well as to
marketing research, analytical reports and other marketing activities The seller may entrust the processing of personal data (including, but not limited to – date of birth, email address, social media account information, purchase history information, information about interests) an agreement concluded with such persons, subject to compliance with the requirements of the legislation of Ukraine on ensuring the confidentiality of personal data and security of personal data during their processing. Personal data processing means any action performed with or without the use of automation means with personal data, including collection, recording, systematization,
accumulation, storage, clarification (update, change) extraction, use, transfer (including transfer to third parties, including cross-border transfer, if the need arose in the course of obligations), depersonalization, blocking, removal, destruction of personal data. The Seller must process personal data, including by sending the Customer advertising correspondence to the specified e-mail address, making phone calls, sending sms-messages, messages via Internet messengers, as well as sending e-mails of an advertising nature to the specified e-mail address. The client may refuse to receive mailings, receive advertising and other information without explaining the reasons in one of the following ways:
• The customer can choose the parameters of the mailing or cancel it by clicking the “unsubscribe” button in the e-mail;
• The Client may contact the Seller’s Customer Service by email info@plekai.com, indicated on the website of the plekai.com website in the “Contacts” section.
11.2. The Seller undertakes not to disclose the information received from the Customer. It is not considered a violation of the Seller’s provision of information to agents and third parties acting on the basis of an agreement with the Seller to fulfill obligations to the client.
11.3. The Buyer agrees and allows the Operator and the Operator’s contractors to process the Buyer’s personal data using automated database management systems, as well as other software specifically designed on behalf of the Operator.
11.4. The Buyer has the right to request from the Operator complete information about his personal data, their processing and use, as well as to request the exclusion or correction / addition of incorrect or incomplete personal data.
12. RESPONSIBILITY OF THE PARTIES
12.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in accordance with the legislation of Ukraine.
12.2. All textual information and graphic images posted in the online store plekai.com have a legal owner, illegal use of this information and images is prosecuted in accordance with current legislation of Ukraine.
13. OTHER CONDITIONS
13.1. All disputes related to non-performance or improper performance of their obligations under this agreement, the parties will try to resolve during negotiations.
13.2. In case of disagreement during the negotiations, disputes will be resolved in court in accordance with current legislation of Ukraine.
