PUBLIC OFFER AGREEMENT
of order, purchase, sale and delivery of goods
This agreement between the physical person TSITOK OLEG IVANOVICH PIDP-TS (hereinafter referred to as the Seller) and the user of the website’s services (hereinafter referred to as the Customer), is an order, purchase and delivery of the Goods agency agreement and it determines the basic terms of the order, purchase and delivery of goods via the Online Store http://opium.in.ua. The Buyer acting for the purpose of buying the Goods accepts the terms of this agreement for the sale of goods (hereinafter referred to as the Agreement) on the following conditions:
1. DEFINITION OF TERMS
1.1. Public Offer (hereinafter referred to as the Offer) is the Seller’s public offer, addressed to an indefinite number of persons, to conclude with the Seller an agreement for the sale of goods remotely (hereinafter referred to as the Agreement) under the conditions contained in this Offer, including all Appendices.
1.2. Order is the decision of the Customer to order a product or service, its delivery, issued in the online store and/or the purchase and delivery of goods instructions.
2. GENERAL PROVISIONS
2.1. The information below is the official offer (the Offer) of the Online Store http://opium.in.ua to any physical person (hereinafter referred to as the Buyer) to conclude an agreement on the sale of goods or the provision of services. The Agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers.
2.2. According to Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this offer (the Offer) is the fact of registration and confirmation of the order, which confirms the conclusion of the Goods Purchase and Sale Agreement on the conditions proposed below.
2.4. By ordering, the Buyer confirms the agreement and unconditional acceptance of the terms of this offer (the Offer) by him.
2.5. By entering into the Agreement (that is, by accepting the conditions of this offer (the Offer) by placing an Order), the Buyer confirms the following:
а) The Buyer is fully aware and agrees with the terms of this offer (the Offer);
б) He gives the permission for the collection, processing and transmission of personal data under the conditions defined below in the Caution on the collection, processing and transmission of personal data. The permission to process personal data is valid throughout the duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Customer confirms that he has been notified (without additional notification) about the rights established by the Law of Ukraine on the Protection of Personal Data, about the purpose of data collection, and that his personal data are transferred to the Seller in order to be able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer its personal data to third parties without any further notification of the Customer, without changing the purpose of processing personal data. The scope of the rights of the Customer, as a subject of personal data according to the Law of Ukraine on the Protection of Personal Data, is known and understandable to him.
3. THE PRICE OF THE GOODS
3.1. The price of the Goods is listed on the website of the Online Store.
3.2. The Seller has the right to unilaterally change the price of any Goods.
3.3. In the event of a price change of the ordered Goods, the Seller undertakes to inform the Buyer about the price change of the Goods.
3.4. The Buyer has the right to confirm or cancel the Order for the purchase of Goods, if the Seller changes the price after placing the Order.
3.5. Change by the Seller of the price of the Goods paid by the Buyer is not allowed.
3.6. The Seller indicates the cost of delivery of the goods on the website of the Online Store or informs the Buyer when placing the order by the Operator.
3.7. The Buyer's obligations to pay for the Goods shall be performed from the moment the funds are received by the Seller.
3.8. Money passes from the Buyer to the Seller (payments for the Goods) are made by the methods indicated on the website of the online store in the ‘PAYMENT AND DELIVERY’ section.
4. PLACING AN ORDER
4.1. Ordering of the Goods or ordering of the service is carried out by the Buyer through the Operator by the following phone number: +38 (068) 469 80 40 or through the online store’s website service www.opium.in.ua
4.2. When registering on the website of the online store, the Buyer undertakes to provide the following registration information:
4.2.1. Surname, name, patronymic of the Buyer or the person (recipient) specified by him;
4.2.2. The address to which the goods should be delivered (if the delivery is to the Buyer's address);
4.2.3. E-mail address;
4.2.4. Contact number.
4.3. The name, quantity, assortment, number, price of the Goods selected by the Buyer shall be indicated in the Buyer's basket on the Online Store website.
4.4. If the Seller needs an additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing Goods from the Online Store.
4.5. When placing an order through the Operator (the paragraph 4.1. of this Offer), the Buyer undertakes to provide the information specified in the paragraph 4.2. of this Offer.
4.6. The Buyer accepts the terms of this Offer by means of the Buyer entering the relevant data into the registration form on the Online Store’s website or when placing the Order through the Operator. After placing the Order through the Operator, data about the Buyer are registered in the database of the Seller.
4.7. The Buyer is responsible for the accuracy of the information provided when ordering.
4.8. The sale and purchase agreement by remote method between the Seller and the Buyer is concluded from the moment the Seller issues the electronic cash or sales receipt or another document confirming payment for the Goods to the Buyer.
5. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1. The methods, procedure and terms of delivery of the goods are indicated on the website in the ‘PAYMENT AND DELIVERY’ section. The procedure and conditions of delivery of the ordered goods the Buyer agrees with the Operator of the Online Store at the time of purchase.
5.2. Pick up of the goods:
5.2.1. After forming the application, the Buyer can make payment and receive his goods at the address: Ukraine, Kyiv, Illinska St., 12 from 11.00 to 18.00 on weekdays.
5.2.2. Ownership and the risk of accidental loss or damage to the goods passes to the Customer or its Representative from the moment the goods are received by the Parties signing the goods receipt and/or order (and/or order for the purchase and delivery of the goods) for delivery.
5.3. Delivery of goods is carried out on its own by employees of the Online Store according to the terms of delivery, or with the involvement of third parties (carrier).
5.4. Upon receipt of the Goods, the Customer shall, in the presence of the courier representative, verify the compliance of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness of goods, date of expiry).
5.5. When accepting the goods, the Customer or the Customer’s Representative confirms with his signature in the sales receipt and/or order for delivery of goods that he has no complaints about the quantity of goods, external appearance and completeness of goods.
6. RETURN OF THE GOODS
6.1. The Customer shall not have the right to refuse an appropriate quality product that has individually defined properties, if the specified product can be used exclusively by the Consumer who purchased it (including non-standard, at the request of the Customer, size, etc.). Confirmation that the product has individually-defined properties, is the difference in the size of the product and other characteristics that are listed in the Online Store.
6.2. Return of goods, in cases provided by law and this Agreement, is carried out at the address indicated on the website in the section ‘CONTACTS’.
7. RESPONSIBILITIES OF THE PARTIES
7.1. The Seller shall not be liable for damage caused to the Buyer due to improper use of the Goods ordered on the Service www.opium.in.ua and purchased from the Seller.
7.2. The Seller shall not be liable for the inadequate, untimely fulfillment of the Orders and their obligations if the Buyer provides false or misleading information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall not be liable for full or partial failure to fulfill their obligations if the failure is the result of force majeure 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 the conclusion of this contract. The Party that cannot fulfill its obligations shall immediately notify the other Party.