Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter referred to together as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is the official public offer of the Seller to conclude a contract of sale of the Goods with the Buyers, the photos of which are posted in the relevant section of the missIDOL.ua Website
When purchasing the Goods, the images of which are posted on the relevant pages of missIDOL.ua, the Buyers accept the terms of this Agreement on the following.
1.GENERAL PROVISIONS
1.1. The contractual relationship between the seller and the buyer is formalized in the form of a Public Offer Agreement. Clicking on the “ORDER” button on the missIDOL Website page in the appropriate section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with applicable international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are listed below.
1.2. The Public Offer Agreement is public, i.e., in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms and conditions are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of ordering, payment and delivery of goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force from the moment you click on the “ORDER” button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full payment to him.
1.4. To regulate the contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international treaty, ratified by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international treaty shall apply.
2.TERMS AND DEFINITIONS
“Public Offer Agreement” - a public agreement, a sample of which is posted on the missIDOL.ua Website and the use of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the missIDOL.ua Website, directed to an indefinite number of persons, including Buyers.
“Acceptance” - - acceptance by the Buyer of the Seller's offer to purchase the Goods, the image of which is posted on the missIDOL.ua Website, by adding it to the virtual basket and sending the Order.
“Goods” - an item of trade (product, model, accessory, components and related items, any other items of trade), the purchase of which is posted on the Website nimblescissors.com offer of the seller.
“Buyer” means any legally capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who has visited the missIDOL.ua Website and intends to purchase a particular Product.
“Seller” means any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who owns or distributes the Goods and intends to sell them through the missIDOL.ua Website.
“Order” - a duly executed and posted on the missIDOL.ua Website, the Buyer's application for the purchase of the Goods, addressed to the Seller.
“Legislation” - the norms established by Ukrainian or international legislation for the regulation of contractual relations under the Agreement.
“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 it manifests itself again for reasons beyond the consumer's control.
3. SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of the Order placed by the Buyer on the corresponding page of the missIDOL.ua Website, and the Buyer undertakes to buy the Goods and pay for it on the terms and in the manner specified in this Agreement.
3.2. The Seller warrants that the Goods are not pledged, are not subject to a dispute, are not under arrest, and that there are no rights of third parties to them.
3.3 The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or fraud.
3.4. The Seller confirms that it has all the necessary permits for economic activity, which regulate the scope of legal relations arising and operating in the course of the execution of this Agreement, and also guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the course of execution of this Agreement and sale of the Goods.
4.RIGHTS AND OBLIGATIONS OF THE SELLER
4.1 The seller is obliged to:
- fulfill the terms of this Agreement
- fulfill the Buyer's order in case of receipt of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the missIDOL.ua Website, the placed order and the terms of this Agreement;
- check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
- notify the Buyer of a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this Agreement.
4.2. The seller has the right:
- unilaterally terminate the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
4.3. Seller:
TM “miss IDOL”
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obliged to:
- timely pay and receive the order on the terms of this Agreement;
familiarize themselves with the information about the goods posted on the missIDOL.ua Website;
- upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete completeness of the Goods - to record them in the act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
5.2. The Buyer has the right to:
place an order on the corresponding page of the missIDOL.ua Website;
- require the Seller to fulfill the terms of this Agreement;
- to be informed about possible additional fees when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6.ORDERING PROCEDURE
6.1. The Buyer independently places an order on the corresponding page of the missIDOL.ua Website by adding the Goods to the virtual basket by clicking the “Add to Cart!” button, or by placing an order by e-mail or by calling the phone number indicated in the contacts section of the missIDOL.ua Website.
6.2. The term for the formation of the Order is up to 3 working days from the date of its execution. If the order is sent on a weekend or holiday, the formation period starts from the first working day after the weekend.
7.CONTRACT PRICE AND PAYMENT PROCEDURE
7.1 The price of each individual Goods is determined by the Seller and is indicated on the corresponding page of the missIDOL.ua Website. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The buyer can pay for the order in the following ways:
1) by bank transfer of money to the Seller's current account specified in the invoice, including through Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) By credit card of the following type:
- Visa
- Visa Electron
- Mastercard
- Mastercard Electronic
- Maestro
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking the “ORDER” button on the missIDOL.ua Website page in the appropriate section means that the Seller has informed the Buyer about the possibility of charging an additional fee when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers.
8.TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery or receives them personally. The procedure for payment and receipt is indicated on the corresponding page of the missIDOL.ua Website.
8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, performed by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies shall be confirmed by the Buyer with his own signature in the consignment note, the declaration of the Carrier Company, or in the expenditure invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, in a complete set according to the specification of the Goods and in proper (working) condition and quality.
8.4. In case of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods shall be returned to the shipping center. Payment for the services of the Carrier Company shall be deducted from the amount paid by the Buyer for the Goods. The balance of the amount shall be returned to the Buyer on the basis of his letter sent to the e-mail: missIDOL.tilda@gmail.com indicating the current account to which the funds should be returned.
All questions arising in the process of payment and receipt of the Goods, the Buyer can find out by contacting the contact details in the Contacts section.
9.TERMS OF RETURN OF GOODS
9.1. In accordance with Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange the Goods of good quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller.The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return shall be made in accordance with the section of the Site “Returns”, taking into account the terms and conditions of the carrier or courier in force on the territory of Ukraine or on the territory of another country in accordance with the place of receipt of the Goods.
9.3. 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 the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photography 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 on the replacement of the Goods.
9.4. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer's receipt of the Goods in proper condition - without any mechanical damage and in full completeness - is recognized.
10.LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. 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 applicable international and Ukrainian law.
10.2. In the event of disputes related to the Parties' performance of this Agreement, except for disputes on debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure.