Sole proprietor KONDRATENKO OLGA, who is duly registered and acts in accordance with the laws and regulations of Ukraine, and has an entry in the Unified State Register of Legal Entities Entrepreneurs and Civic Organizations of Ukraine with the following date and number: May 06, 2019, No. 2 064 000 0000 045960 (hereinafter referred to as the Seller), to proposes to conclude this Public offer agreement (accession agreement) (hereinafter referred to as the Agreement) as follows:
1. General Terms and Definitions
1.1. The Internet is a global information network that is logically linked to the global address space and is based on protocols that are defined by international standards.
1.2. The Website is a collection of page united by the domain name www.store.film.ua, which is located in the Ukrainian Internet zone.
1.3. The Goods are clothes, published and souvenir products, gift certificates and other items presented for sale on the Website.
1.4. The Manufacturer is an entity that: manufactures the Goods or declares itself as the manufacturer of the Goods on order, placing its name (trademark) or other information that identifies this entity, on the goods or packaging or accompanying documents which are transferred to the Buyer together with the Goods.
1.5. The Buyer is an individual who filled out a registration form with personal data on the Website and has placed and paid an order to purchase the Goods.
1.6. The Recipient is an individual authorized by the Buyer to receive the Goods purchased by the Buyer, as well as the one who has the right to exchange the Goods in accordance with the terms of this Agreement and applicable law of Ukraine.
1.7. In accordance with Art. 634 of the Civil Code of Ukraine, an accession agreement is an agreement the terms of which are determined by one of the parties in the standard forms and may be accepted by the other party by no means other than by way of joining the proposed agreement as a whole.
2. General Provisions
2.1. This Agreement is made according to Article 633 (Public contract), 643 (Accession agreement), 641 (Proposal to conclude and Agreement) and 642 (Acceptance of Proposal) of the Civil Code of Ukraine and has corresponding legal force.
2.2. According to Art. 642 of the Civil Code of Ukraine, the fact of selecting the "I have read and agreed with the terms of the Agreement" by the Buyer constitutes the acceptance of the terms of this Agreement.
2.3. By agreeing to the terms of this Agreement, the Buyer confirms their legal capacity.
3. Subject matter of the Agreement
3.1. In accordance with this Agreement, the Seller shall, on the basis of a Buyer's order, sell to them a Product intended for personal, family, home or other similar use, according to the stock as listed on the Website, and the Buyer shall accept the ordered Goods and pay for them under the terms of this Agreement.
4. Procedure for purchasing the Goods
4.1. The acceptance of the proposal to conclude this Agreement by the Buyer is made by a series of successive actions undertaken by the Buyer as specified in clause 4.2 of the Agreement, which is done voluntarily and is equivalent to the conclusion of an agreement in writing (clause 2 of Article 642 of the Civil Code of Ukraine).
4.2. The acceptance of the offer to conclude this Agreement by the Buyer is performed by means of taking the following actions:
a) accessing the Seller's Site;
b) selection of specific products from the stock listed by the Seller at the moment of the Buyer's request to the Seller;
c) reviewing the terms and conditions of this Agreement;
d) the provision by the Buyer of a contact telephone number, e-mail address, the surname and the name of the Goods Recipient, date of birth, and, in case of selecting the option to ship the Goods, a delivery address.
4.3. After completing all actions specified in clause 4.2 of the Agreement, the Buyer shall pay the order using the payment method chosen by the Buyer.
4.4. After concluding the payment, the Buyer shall receive the Goods on their own by local pick-up from the Seller or using a shipping and delivery service as selected during the checkout process.
4.5. When ordering the Goods through the Website, the Buyer is informed (or sent a message to their specified contact number and/or e-mail address) of the order number that the Buyer is obliged to provide (sometimes with their last and first name, if specified) during receipt of the Goods from the Seller's warehouse in the case of local pick-up or upon receipt of the Goods upon their delivery.
4.6. The cost of shipping the Goods, and the procedure of such shipping, as well as other essential information related to the delivery of the Goods, is published on the Website and constitutes an integral part of this Agreement.
5. Payment procedure
5.1. The Buyer has a right to pay for the Goods using any of the methods offered by the Seller on the Website.
5.2. The payment is recognized as performed by the Buyer upon receipt of funds to the respective account of the Seller, or upon receipt of cash by the Seller with delivery of a cash order.
5.3. The Goods may be received by the Buyer under the condition of submitting an order on the Website, as well as 100% payment of such an Order.
5.4. In case of non-payment or partial payment of an order, the Goods are considered unsold, and the order is canceled.
6. Rights and obligations of the Parties
6.1. The Buyer has the right to:
6.1.1. Receive information about the Goods.
6.1.2. Select a payment method for the Goods from the methods offered by the Seller. In this case, the Buyer is obliged to review the rules of using a particular payment method.
6.1.3. Send feedback regarding the operation of the Website, the procedure of placing an order and purchasing the Goods using the communication channels listed on the Website.
6.1.4. The Buyer has the right to refuse to purchase the Goods until the moment of payment for the Goods. Such a refusal will result in the termination of all of the Seller’s obligations before the Buyer.
6.2. The Buyer shall:
6.1.2. To review in detail the rules for purchase, payment and delivery of goods from the Seller's Website and accept them when ordering the Product.
6.2.2. During the placement of an order, to provide correct, accurate and complete information about themselves which is required for placing an order. The Buyer acknowledges that he is fully responsible for the data reported to the Seller. The Buyer acknowledges that he has no claims to the Seller for any orders incorrectly placed through the Website due to the fact that the Buyer has not verified the correctness of the information provided when placing such an order.
6.2.3. To fully pay the cost of the placed order before placing the next order.
6.2.4. By acceding to the Agreement and accepting its terms, the Buyer agrees to receive information from the Seller, including advertising, in any way, including telecommunication networks, namely, telephone, mobile communication, and also through the Internet.
6.3. The Seller a the right to:
6.3.1. To require the Buyer to comply with the terms of the entire procedure for placing and paying for an order in accordance with the terms of this Agreement.
6.3.2. To demand full payment of the Goods from the Buyer before selling them.
6.3.7. To inform the Buyer about the available stock of the Goods and their characteristics, as well as send updated information about the Goods being sold through the Website, by means of sending goods catalogues, booklets, leaflets, news, etc. The frequency and procedure of the distribution of such information/advertising is determined at the discretion of the Seller.
6.4. The seller shall:
6.1.4. Inform the Buyer about the terms and conditions for the purchase of the Goods (including the price of the Goods) as well as the information about the Goods and their characteristics.
6.4.2. Not use the Buyer’s personal data for the unauthorized distribution of content that is not related to the purpose of collection of such data.
6.4.3. To transfer into the Buyer's property the Goods that were duly purchased from the Seller (checked out and paid under the terms of the Agreement), including arranging their delivery in the manner specified at the time of processing of the placed order.
7.1. In the event of failure to perform or improper performance by the Parties of their obligations under this Agreement, the Parties shall bear liability under the current legislation of Ukraine.
7.2. The Seller's liability for the delivery of the Goods shall be limited to the function of organizing and implementing the interaction between the Buyer and the organization chosen by the Buyer for shipping or delivery of the Goods to the Buyer or the Recipient.
7.3. The Buyer assumes all possible commercial risks related to his actions regarding any errors and inaccuracies in the personal data provided by the Buyer.
7.4. The Seller is not liable for any damages and emotional distress incurred by the Buyer as a result of his misunderstanding or erroneous understanding of the information regarding the procedures in place for the processing/payment of the order, as well as receipt and use of the Goods.
7.5. The Parties shall be released from liability for the total or partial default of their obligations under this Agreement if such default was caused by force majeure circumstances, that is, events that were recognized as extraordinary and inevitable under the given circumstances. Force majeure circumstances, inter alia, include the following: natural disasters, military action, strikes, spontaneous civil unrest and protests, actions and decisions of state authorities, failures that arise in telecommunication and power networks.
7.6. The Seller is not responsible for the functioning and/or security of the communication channels used by the Buyer to access the Seller's Website.
7.7. In case of claims to the quality of the Goods, the Seller shall forward them to the Manufacturer of the Goods and to organize interaction between the Buyer and the Manufacturer of the Goods.
7.8. The Seller and the Manufacturer bear the liability provided by the legislation of Ukraine, including the Law of Ukraine "On Protection of Consumer Rights", of May 12, 1991, No. 1023-XII.
8. Dispute resolution
8.1. Any disputes arising from the performance of this Agreement shall be resolved by following the claims procedure. A claim shall be submitted to the Seller in writing with attachment of documents justifying the claim within a period not exceeding ten (10) days since the date of the cause(s) of such claim. The claim shall be considered by the Seller within no more than ten (10) calendar days after its receipt.
8.2. In case of failure to reach an agreement, any and all disputes that may arise shall be considered under the procedures provided by the current legislation of Ukraine.
8.3. On all matters that are not covered by this Agreement, the Parties shall be governed by the current legislation of Ukraine.
9. Personal data
9.1. By registering on the Website and submitting an order for the Product, the Buyer gives his consent to the processing and use of their personal data, in particular for use, inclusion into a database, distribution, transfer to third parties, additions or other modifications, deletions and other actions that may be carried out by the Seller with personal data in written (paper), electronic or other form, received during the registration process, in order to implement the state policy in the field of protection of personal data and in accordance with the Law of Ukraine "On Protection of Personal Data», № 2297-VI of June 01, 2010.
10. Duration of the Agreement
10.1. This Agreement shall enter into force from the moment when the Buyer selects the option "I have read and agree to the terms of the Agreement" and shall be valid indefinitely.