Public offer contract

The document, the provisions of which are set out below, is a public offer and a public contract. According to Art. Art. 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, and unconditional acceptance of the conditions thereof is considered acceptance of this offer by the Buyer. By concluding this Agreement, the buyer fully accepts the terms and conditions of placing an order, paying for the goods, delivering the goods, returning the goods, responsibility for an unscrupulous order and all other terms of the contract.

In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, the fact of the Buyer’s authorization on the grace-ukraine.com website and/or payment of the Goods ordered on the grace-ukraine.com website is the acceptance of this offer, which is equivalent to the conclusion of a public contract on order, purchase, sale and delivery of goods (hereinafter referred to as the “Agreement”) under the conditions set forth in the text below.

  1. DEFINITION OF BASIC TERMS
    1.1. Product – perfumery and cosmetic products and/or related products, the image and/or description of which is posted on the Site and which were selected, placed in the basket and/or purchased by the Buyer on the Seller’s online store website.

1.2. Online store – the Seller’s website at the address grace-ukraine.com was created for the purpose of retail and/or wholesale purchase based on the Buyer’s familiarization with the description of the Goods proposed by the Seller using the Internet.

1.3. Buyer – a person who views information in the Online Store, orders and/or reserves Goods using the technical tools of the Online Store, and/or receives such Goods.

1.4. The seller is a natural person-entrepreneur Rudenko Tetyana Valeryivna or another legal entity/natural person-entrepreneur whose goods are placed in the online store.

1.5 Special offer (promotion) – a set of measures on the part of the Seller to provide discounts, free delivery, gifts, etc., subject to certain actions on the part of the Buyer, or without such actions. Information on promotions and their conditions are posted in the appropriate section on the grace-ukraine.com website or sent to the Buyer electronically.

1.6. Acceptance – the provision by the Buyer of full, unconditional and unconditional consent to the conclusion of this Agreement in its entirety, without signing a written copy of the Agreement by the Parties.

1.7. Consignee – the Buyer or the person who actually receives the Goods personally on behalf of the Buyer, or the Goods that were delivered by the carrier.

1.8. Order – the Buyer’s request to purchase the Goods of his choice, duly executed and placed with the help of the grace-ukraine.com website.

1.9. Personal data – information or a set of information about a natural person who is identified or can be specifically identified.

  1. SUBJECT OF THE AGREEMENT
    2.1. In accordance with the terms of this Agreement, the Seller undertakes to transfer to the Buyer the ownership of the last selected Product according to the Order, and the Buyer undertakes to accept and pay for it.

The goods placed in the Seller’s online store are in the order and under the conditions established by this Agreement.

2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date when the Buyer fills out the order form located on the online store grace-ukraine.com, provided that the Buyer receives confirmation of the order in electronic form from the Seller, or payment to the current account of the Seller, which indicates the agreement to comply with the terms of the Agreement, without signing a written copy by the Parties.

2.3. Actions specified in clause 2.2. of the Agreement and made by the Buyer, is confirmation of the latter’s full and unconditional acceptance of the public offer and this Agreement.

2.4. The list of Goods sold by the Seller, as well as other necessary information, are indicated in the relevant sections (web pages) on the Seller’s website grace-ukraine.com

2.5. The Agreement and its Annexes are official documents published on the grace-ukraine.com website

  1. PROCESSING THE ORDER
    3.1. The buyer independently places an order in the online store through the “Basket” form, or by placing an order by e-mail or by other methods available on the online store website.

3.2. The Seller has the right to postpone the delivery of the Order to the Buyer in the event that the information provided by the Buyer at the time of placing 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 necessary for the Seller to fulfill the Order: 3.3.1. Last name, first name of the Buyer.

3.3.2. Name of the settlement, index (if necessary).

3.3.3. The address to which the Product should be delivered (if delivery to the Buyer’s address), or the branch number of the selected delivery service.

3.3.4. Contact phone number.

3.3.5. E-mail, by which communication with the Buyer is carried out and/or can be carried out.

3.4. The name, quantity, price of the Product selected by the Buyer and the discount, if available and applied, are indicated in the Buyer’s basket on the Internet store website.

3.5. If the Seller needs additional information, he has the right to request it from the Buyer.

3.6. The contract concluded by the Buyer with the help of acceptance of a public offer is legally valid in accordance with Art. 642 of the Civil Code of Ukraine and equates to a written contract.

3.7. The buyer is responsible for the accuracy of the information provided when placing the Order.

3.8. By entering into this Agreement, i.e. by accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing the Order, the Buyer confirms that he is fully and completely acquainted with and agrees with the terms of this offer (offer).

  1. PRICE, DESCRIPTION AND DELIVERY OF GOODS
    4.1. The price of the Product is indicated on the website of the Internet store in the national currency of Ukraine – hryvnia, per unit of the Product according to the established price list. The price of the Contract is determined by adding the prices of all selected Goods placed in the virtual basket and the price of delivery, which is determined depending on the method of delivery in accordance with the terms of the Contract.

4.2. The Seller reserves the right to change the price of the Goods before the Order is placed without warning the Buyer.

4.3. Prices for Goods and delivery services for such Goods may be changed by the Seller unilaterally depending on market conditions, including with the help of discounts. At the same time, the price of individual Goods, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.

4.4. The final price is the price specified in the appropriate section on the Site when transferring funds to the Seller’s current account and/or using the LiqPay payment system.

4.5. The price of the Product, which is indicated on the website of the online store, does not include the cost of the services of carrier companies for the delivery of the Product to the Buyer. The Buyer shall pay the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carrier companies) chosen by the Buyer, unless otherwise specified by the Seller’s special offer.

4.6. Special offers (promotions) are not retroactive. This means that the prices for the Goods, which were paid before the start of the promotion, cannot be transferred, and the difference in prices cannot be returned to the Buyer.

4.7. The Seller can indicate the approximate cost of delivery of the Goods to the Buyer’s address when the Buyer makes a corresponding request to the Seller by sending a letter to the e-mail or through messengers for communication.

4.8. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment of receipt of funds to the Seller’s current account or the transfer of these funds to the representative of the postal company when issuing the cash on delivery.

4.9. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the online store in the “Payment and Delivery” section.

4.10. The Seller shall ship the Goods within 5 days after the Order has been processed and properly paid (or only if the payment method is cash on delivery), taking into account the direct availability of the required Product(s) at the Seller.

4.11. When receiving the Goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (name of the Goods, quantity, completeness, expiration date) in the presence of a representative of the delivery service/courier.

4.12. The buyer or his representative during the acceptance of the Goods confirms that he has no complaints about the quantity of the Goods, appearance and completeness of the Goods by taking the Goods from the delivery service.

4.13. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his representative from the moment the Seller hands over the Goods to the delivery service (carrier) chosen by the Buyer.

4.14. The pages of all Products on the Internet store website have a description containing information about the composition, properties, methods of use and expiration date of the Product. All or some part of this information is contained directly on the label of the Product. In cases where the physically available space on the label does not allow placing all the information, the description is placed partially, and a QR code with the encoded address of the Product’s web page is added.

4.15. If there is a discrepancy between the information on the label and on the relevant web page of the Product, the information on such web page should be used, as it is the most up-to-date.

4.16. Photos of the Products in the online store are provided for familiarization with the possible appearance and may differ from the actual product, which does not affect the characteristics and volume of the Product in any way.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES
    5.1. The seller is obliged to:

5.1.1. After confirmation of the Order, execute (implement) the duly executed and confirmed Orders.

5.1.2. Deliver the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s Order.

5.1.3. Check the quantitative and qualitative characteristics of the Product during its packaging and preparation for shipment/delivery.

5.1.4. Not to disclose any personal data of the Buyer and not to provide access to such data to third parties, except for the cases provided for by law and this Agreement. 5.2.

The seller has the right to:

5.2.1. Unilaterally suspend the sale of the Goods (refuse to complete the Order/sale and delivery of the Goods) in the event the Buyer violates the terms of this Agreement.

5.2.2. At its own discretion, unilaterally change the price of the Goods. In any case, the price of the Goods of the Order confirmed by the Seller remains unchanged.

5.2.3. In case of absence of the Goods ordered by the Buyer, exclude the missing Goods from the Order and/or cancel the Buyer’s Order, necessarily informing the Buyer of this by sending a corresponding electronic message to the e-mail address specified by the Buyer when placing the Order and/or using other means of communication.

5.2.4. At its own discretion, unilaterally make changes to the terms of this Agreement by placing (publicizing) it in a new version on the website grace-ukraine.com. Changes enter into force from the moment of their posting (publication), unless a different period of entry into force of changes is not additionally determined upon their publication.

5.2.5. Organize the delivery of Orders, involving third parties in providing delivery services.

5.2.6. Refuse the Buyer to return the Goods (Goods) of inadequate quality, if the Buyer has not inspected them as defined in Clause 4.9. of this Agreement.

5.3. The buyer undertakes:

5.3.1. Before accepting this Agreement and the offer, familiarize yourself with all its terms and conditions, the prices offered by the Seller on the website of the online store and the description of the Goods. In case of disagreement with at least one of the provisions of the Agreement, the prices or the description of the Goods on the website, immediately stop using the website and placing Orders, if necessary, ask the Seller for clarification on the issues that have arisen.

5.3.2. In case of contraindications, individual sensitivity, allergy, etc. to the components of the Goods (according to the composition indicated on the Product page), or suspicion of the occurrence of such contraindications/sensitivity/allergy, refuse to place the Order, or consult the Seller on this account, or his authorized representatives.

5.3.3. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer, as well as other significant data that may affect the course of the relationship.

5.3.4. Keep your account details on the grace-ukraine.com site confidential and do not pass them on to third parties.

  1. PROCEDURE AND CONDITIONS OF RETURN OF GOODS
    6.1. In accordance with part 1 of Art. 9 of the Law of Ukraine “On the Protection of Consumer Rights” dated May 12, 1991 No. 1023-XII and in accordance with the Resolution of the CMU No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On the Protection of Consumer Rights” dated March 19, 1994, part of the Products and Goods that placed on this website grace-ukraine.com belong to the category “Perfume and cosmetic products” and are not subject to exchange and/or return, except in cases of special offers, exchange programs of the Seller, etc., placed on the website of the online store. The return of goods of other categories is regulated by the Law of Ukraine “On the Protection of Consumer Rights” No. 1023-XII dated May 12, 1991 (as amended).

6.2. The return of the Goods to the Seller’s address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.

6.3 In the event that significant defects in the Goods are discovered within the established period of validity, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present the Seller with claims provided for by the Law of Ukraine “On the Protection of Consumer Rights”.

6.4. Consideration of the requirements stipulated by the Law of Ukraine “On the Protection of Consumer Rights” is carried out by the Seller on the condition that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods that arose after their transfer to the Buyer as a result of the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties or force majeure.

6.5. The return of the Goods, in the cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section.

  1. COST OF GOODS, PROCEDURE AND CONDITIONS OF CALCULATIONS
    7.1. Settlements between the Parties regarding the terms of this Agreement are made in the national currency of Ukraine in one of the following ways:

∙ by transferring the relevant amount of money by the Buyer to the current account of the Seller to the latter’s bank details, specified in the invoice for payment of the corresponding Goods, provided/sent to the Buyer by the Seller;

∙ by using WayForPay payment systems, etc.;

∙ using the cash on delivery service.

7.2. Payment for the Goods is made by the Buyer after the Parties conclude this Agreement and provide voluntary consent to the processing and use of the Buyer’s personal data, and at the time of providing the latter with information for conducting a payment transaction in the manner determined by the Seller, in accordance with Clause 7.1 of this Agreement.

7.3. Payment of the price of the Goods is made by the Buyer by means of a 100% (one hundred percent) prepayment to the Seller’s current account or in the form of post-payment for the Goods.

7.4. The date of payment by the Buyer of the price of the Goods shall be considered the date of receipt of the corresponding amount of funds to the Seller’s current account or the transfer of these funds to the representative of the postal company when making a cash on delivery.

7.5. Before delivery (delivery) of the Goods to the Buyer, the Seller and/or the courier, and/or the third party delivering the ordered Goods on behalf of the Seller, has the right to require the Buyer to provide a document confirming the Buyer’s identity.

7.6. Failure by the Buyer to fulfill his obligations to pay for the Goods he ordered within the time limit unilaterally set by the Seller, about which the Buyer was warned through the sources indicated in the order, is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, has the effect of termination in full to the extent of all the Seller’s obligations arising as a result of the Buyer’s acceptance of the Seller’s proposal regarding the conclusion of this Agreement.

  1. TERM OF EFFECTIVENESS, PROCEDURE FOR AMENDMENTS AND AMENDMENTS TO THE AGREEMENT
    8.1. This Agreement enters into force from the moment of placing the Order in the Seller’s online store and/or payment by the Buyer of the Seller’s Goods. The Agreement is considered concluded for an indefinite period and is valid until the moment of its withdrawal by the Seller and/or until the Parties fully fulfill their obligations under this Agreement.

8.2. The Seller reserves the right to amend the terms of the Agreement and/or withdraw it at any time at its discretion. In the event that the Seller makes changes to the Agreement, such changes shall enter into force from the moment of publication of the new version of the Agreement on the Seller’s website grace-ukraine.com, unless a different period for the entry into force of the changes is additionally determined upon their publication. The contract is considered revoked from the moment its publication is removed from the Seller’s website grace-ukraine.com.

8.3. From the moment of entry into force of the Agreement with the changes and additions made, the Agreement begins to operate for the Parties in a new version.

8.4. The Seller has the right to unilaterally refuse to perform this Agreement by notifying the Buyer in writing at least 3 (three) days before the expected date of refusal to perform the Agreement.

8.5. Termination of this Agreement does not release the Buyer from liability for violations of the terms of this Agreement that occurred during its validity period.

8.6. The contract is automatically terminated (terminated) in cases where:

∙ The Buyer received the Goods for which payment was made;

∙ The Buyer refused to purchase and/or receive the Goods on his own initiative;

∙ For other reasons stipulated by this Agreement and the current legislation of Ukraine;

  1. LIABILITY
    9.1. The Seller and the Buyer are responsible for failure to fulfill their obligations under this Agreement and the current legislation of Ukraine.

9.2. The seller is not responsible for:

– for improper, untimely fulfillment of Orders and obligations in case of providing unreliable or erroneous information by the Buyer;

  • for the use of the Product not for its intended purpose, or in a way different from that specified in the description on the web page of the corresponding Product;

– for illegal actions of the Buyer or third parties, committed with the help of the grace-ukraine.com website, or with reference to it;

– for the difference of the actual appearance/visual design from the images on the website of the Internet store, provided that the volume and proper quality of the Goods are consistent; – for disclosure or improper protection of the Buyer’s account data by the Buyer, or his representatives, or by third parties due to the Buyer’s fault;

– for the terms of delivery of the Goods by the delivery service (carrier company) chosen by the Buyer;

  • for non-compliance of the characteristics of the Goods with the buyer’s expectations in cases where these expectations do not correspond to the description of the Goods on the grace-ukraine.com website.

9.3. 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.

9.4. All disputes and disagreements that may arise during the execution of this Agreement shall be settled through negotiations between the Parties.

9.5. If any dispute cannot be resolved through negotiations, such a dispute shall be considered in a court of law, according to the established jurisdiction and jurisdiction of such a dispute, in accordance with the current legislation of Ukraine.

9.6. The Seller or the Buyer shall be released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and / or the Buyer after concluding this contract. The Party that cannot fulfill its obligations shall immediately notify the other Party.

  1. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA.
    10.1. By his own acceptance of the Contract, the Buyer voluntarily gives his consent to the collection and processing of his own personal data, i.e. to the following actions in relation to the Buyer’s personal data: collection, systematization, entry into the Seller’s databases, including electronic ones, accumulation, storage, clarification , as well as for further use and distribution of personal data by the Seller in accordance with the provisions of the Law of Ukraine “On the Protection of Personal Data”.

10.2. The collection of personal data is a component of the process of their processing, which involves the selection, arrangement of information about the Buyer and their entry into the personal data base.

10.3. Dissemination of personal data involves the transfer of information about the Buyer from personal data databases with the consent of the subject of personal data.

10.4. Dissemination of personal data without the consent of the subject of personal data (Seller) or a person authorized by him is allowed in cases provided by law and only in the interests of national security, economic well-being and human rights.

10.5. Personal data in personal data bases are destroyed in accordance with the procedure established in accordance with the requirements of the Law “On the Protection of Personal Data”.

10.6. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the Seller to provide information to third parties in cases where they are provided to delivery services for the purposes of fulfilling the Buyer’s order, and when the disclosure of such information is established by the requirements of the current legislation of Ukraine.

10.7. The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Buyer or its inconsistency.

11. ІНШІ УМОВИ ДОГОВОРУ

11.1. Сторони підтверджують, що даний Договір укладений при повному розумінні його умов та  термінології, що в ньому використовується та, відповідає дійсним намірам Сторін в частині  правових зобов’язань, що на них покладаються.

11.2. До відносин між Покупцем та Продавцем застосовуються положення чинного законодавства  України. 

11.3. Фотографії та зображення Товару, що містяться на сторінках Інтернет-магазину, можуть  відрізнятися від фактичного зовнішнього вигляду Товару. Описи/характеристики, що  супроводжують Товар, не претендують на всезагальну вичерпність інформації і можуть містити  друкарські помилки. Для уточнення інформації щодо Товару Покупець повинен звернутися за  номером або іншою контактною інформацією, зазначеними на веб-сайті grace-ukraine.com.

11.4. Продавець залишає за собою право розширювати і скорочувати товарну пропозицію,  представлену в Інтернет-магазині. 

11.5. Кожна Сторона гарантує іншій, що володіє необхідною дієздатністю, тобто всіма  повноваженнями, необхідними і достатніми для укладання і виконання цього Договору.

11.6. Продавець не несе відповідальність за зміст і правдивість інформації, що надається  Покупцем при оформленні Замовлення Товарів. Виключно Покупець несе відповідальність за  достовірність інформації, вказаної при оформленні такого Замовлення.

11.7. Вся інформація, пов’язана з виконанням цього Договору, є конфіденційною. 11.8. Право власності на всі інтелектуальні продукти, об’єкти (в тому числі, проте не виключно,  фото, опис Товарів, інші інформаційні матеріали), розміщені в Інтернет-магазині (надалі – «Об’єкти») належать Продавцю. Покупець не має та ніяким чином не набуває майнових та/або  немайнових прав інтелектуальної власності на Об’єкти.

11.9. Покупець не має права використовувати в особистих та/або комерційних цілях з метою  отримання прибутку, Об’єкти прав інтелектуальної власності, в тому числі, фото, відео матеріали  та інші інформаційні матеріали, що належать Продавцю.

11.10. Покупець несе повну матеріальну відповідальність за несанкціоноване використання та/або  розповсюдження Об’єктів права інтелектуальної власності, що належать Продавцю та розміщені  на Сайті.

11.11. Сторони зобов’язуються зберігати конфіденційну інформацію, отриману в результаті  виконання цього Договору, за винятком та в об’ємах випадків, передбачених даним Договором,  коли це письмово санкціоновано іншою Стороною або вимагається державними органами  відповідно до чинного законодавства. За розголошення конфіденційної інформації винна Сторона  несе відповідальність згідно з чинним законодавством України.

11.12.З питань, не передбачених умовами цього Договору, Сторони керуються положеннями  чинного законодавства України.

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