This Public Offer Agreement (and/or Offer) is the Seller's proposal to conclude a public agreement for the purchase of goods/services through the online store https://helsonit.com/ with any interested person on the terms provided below.
DEFINITIONS
A Public Offer Agreement is a public Agreement, the terms of which, in accordance with Articles 633, 641 of the Civil Code of Ukraine, are the same for all Buyers, the unconditional acceptance of which terms by the Buyer (payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the Seller and the Buyer.
Administration - employees of the Seller authorized to manage the Online Store.
Acceptance - acceptance by a person of the offer to conclude an Agreement (by clicking on the link "Place an order", or by placing an order through the Online Store operator). Online store and/or Site – a corresponding software and functional complex, located on the official website at https://happybodyshop.com.ua/, which allows you to familiarize yourself with the Goods/Services, their appearance, technical characteristics, price, payment terms, etc., place a corresponding order, etc.
Seller – registered in accordance with the procedure established by the legislation of Ukraine, a business entity FOP Chesnok L. M. (TIN 3049706381, represented by the Administration of the Online Store. The name of the Seller is indicated in the documents for the transfer of the Goods/Services to the Buyer.
Offer – the Seller’s offer to conclude this Public Offer Agreement on the terms set forth in this Agreement, which is addressed to an unlimited number of persons.
Order – the User’s application for the purchase of Goods/Services published (presented) in the Online Store, executed by filling out the appropriate electronic form in the Online Store.
User of the Online Store (hereinafter referred to as the “User”) – any person who has access to the Online Store and uses its functionality and services.
Order confirmation – the Seller’s notification of receipt of the Order from the Buyer and acceptance of such an order for execution.
Buyer – any person who has accepted this public offer.
Parties – the collective name of the Seller and the Buyer.
Goods – any goods, information about which is posted in the Online Store.
Services – any services provided by the Seller, information about which is posted in the Online Store.
Registration – the procedure for entering the User’s personal data into a special form on the pages of the Online Store in order to provide the User with access to the personalized services of the Online Store. In this case, the User becomes registered.
1. GENERAL PROVISIONS
1.1. This Public Offer Agreement is a public Agreement in accordance with Articles 633, 641 of the Civil Code of Ukraine, the terms of which are established equally for all Buyers.
1.2. The fact of placing an order by the Buyer (by clicking on the “Place an order” link, or by placing an order through the Online Store operator) in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, is considered acceptance of this Agreement by the Buyer.
1.3. The Agreement concluded on the basis of the Buyer's acceptance of this offer is an Agreement of Accession, to which the Buyer joins without any exceptions and/or reservations.
1.4. The Administration of the Online Store may at any time, without notice, make any changes to this Agreement, materials and information contained in the Online Store. The Administration shall under no circumstances be liable for the irrelevance of information on the Site, any losses arising from the use, inability to use or results of using the Online Store resource.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller undertakes to transfer the Goods to the Buyer's ownership under the terms of this Agreement and/or to provide the Buyer with the Service, and the Buyer undertakes to accept the Goods/Service and pay its/its cost under the terms of this Agreement.
2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious, pretended transaction, a transaction made under the influence of violence or deception.
3. MOMENT OF CONCLUSION OF THE AGREEMENT 3.1. The Buyer's acceptance of the offer to conclude the Agreement (Acceptance) is carried out by placing an order for the Goods/Service in the Online Store on the terms specified in clause 1.2. of this Agreement. The moment of conclusion of the Agreement is the confirmation of the order by the Seller. 3.2. The Buyer confirms his consent to receive notifications to his e-mail address, which was specified by him when filling out the registration form on the Online Store website or when actually using the Online Store, as well as an indefinite consent to receive commercial, advertising, other offers from the Administration (about new products, promotions, etc.), and if the Buyer expresses his intention to refuse to receive the above information, he has the opportunity in the mailing list itself to make appropriate changes in the flag field of the button "to refuse".
4. ORDER PLACEMENT 4.1. The Buyer places an order for the Goods/Services through the Online Store or through the Online Store operator. 4.2. It is possible to place an Order through the Online Store after registration;. In this case, the Buyer has the right to register on the site only 1 (one) time, i.e. can have only one Personal Account. 4.3. When registering in the Online Store or when ordering the Goods/Services through the Online Store operator, the Buyer is obliged to provide the following information about himself: – Surname, first name, patronymic of the Buyer; – contact phone number of the Buyer; – e-mail address for contacting the Buyer; – delivery address of the Goods (if delivery of the Goods is necessary). 4.4. The Buyer, who registers in the Online Store, receives individual identification by providing a login and password. The transfer of the login and password by the Buyer to third parties is prohibited. 4.5. The Buyer places an order by clicking on the “Place an order” link, or by confirming the order to the operator of the online store, respectively. The Buyer places an Order and then transfers it for execution, meaning that the Buyer has sufficiently and fully familiarized himself with the price of the Goods/Services, the technical characteristics of the Goods, its functionality, information on delivery terms and warranty conditions, and the terms of the Service. 4.6. The Order is considered accepted by the Seller and is subject to execution after the last Confirmation of the order (confirmation is the Seller’s message sent to the Buyer via communication means). In the event that the ordered Goods are not available in the Seller’s warehouse, including for reasons beyond the Seller’s control, the Seller has the right to remove the specified Goods from the Buyer’s Order and notify the Buyer thereof.
In the event that the Buyer is unable to provide the Service ordered by the Buyer, including for reasons beyond the Seller's control, the Seller has the right to remove the specified Service from the Buyer's Order and notify the Buyer thereof.
4.7. Any information about the Goods/Services contained on the Online Store website is for informational purposes only and cannot be considered as fully conveying all the properties and characteristics of the Goods/Services. If the Buyer has any questions regarding the properties and characteristics of the Goods/Services, before ordering the Goods/Services, he must consult the Online Store operator.
5. PRICE OF THE GOODS AND PAYMENT TERMS 5.1. The price at which the Goods are sold/the Service is provided is indicated in the documents for the transfer of the Goods/the provision of the Service to the Buyer. The Seller reserves the right to change the prices for the Goods/Services unilaterally. At the same time, the prices for the Goods/Services ordered by the Buyer (after the order is confirmed by the Seller) are not subject to change. 5.2. Payment for the Goods/Services is made by the Buyer in cash or non-cash form by transferring funds to the Seller's current account. The settlement currency is hryvnia. 5.3. The Buyer is obliged to pay for the ordered Goods/Services within the terms agreed upon by the Parties when placing the order. 5.4. In the case of non-cash payment, the Buyer's obligations to pay for the Goods/Services are considered fulfilled from the moment the funds are credited to the Seller's current account. 5.5. If the Goods are sold with a discount, information about the availability and amount of the discount is posted on the website of the Online Store and is for informational purposes only. The price at which the Goods/Services are sold is indicated in accordance with clause 5.1. Discounts are not cumulative and are not added to other discounts.
6. TERMS OF DELIVERY OF GOODS 6.1. The Seller's obligation to transfer the Goods to the Buyer arises from the moment of crediting the funds to the Seller's current account. 6.2. The terms of transfer of the Goods to the Buyer are agreed by the Parties in each specific case and are recorded in the order confirmation. The date of delivery of the Goods is indicated in the invoices for the Goods. 6.3. Delivery of the Goods to the Buyer is carried out on the terms published on the website of the Online Store at https://happybodyshop.com.ua/dostavka-ta-oplata/. 6.4. The right of ownership of the Goods passes from the Seller to the Buyer at the time of actual transfer of the ordered (paid) Goods to the Buyer. 6.5. Acceptance of the Goods in terms of quantity and quality takes place at the place of transfer of the Goods from the Seller (carrier) to the Buyer. After the Buyer receives the Goods, claims to the quantity, completeness and type of the Goods are not accepted.
7. RETURN OF GOODS 7.1. The Buyer has the right to return the Goods to the Seller in accordance with the procedure and conditions published on the website of the Online Store at https://helsonit.com/obmin-ta-povernennya/.
7.2. Consideration of the Buyer's claims, including those regarding the return of the Goods, is carried out on the condition that the Buyer provides the original payment document for the Goods.
8. RIGHTS AND OBLIGATIONS OF THE SELLER 8.1. The Seller has the right: – at any time to make changes to this Agreement, materials and information (including about Goods/Services) offered in the Online Store; – to refuse to conclude the Agreement publicly
offer in the absence of its ability to sell the relevant Goods/provide the Service to the Buyer; – record telephone conversations with the Buyer; – suspend the sale of Goods/provision of Services to the Buyer in the event of the Buyer’s breach of its obligations (including, but not limited to, failure to pay for the ordered Goods/Services) under this Agreement; – require the Buyer to perform its obligations under this Agreement in good faith; – without agreement with the Buyer, transfer its rights and obligations under the Agreement to third parties. 8.2. The Seller is obliged to: – send the Buyer an order confirmation or notify him of the impossibility of fulfilling the Buyer’s order; – transfer the Goods to the Buyer after he has paid for such Goods;
– provide the Services in a high quality and timely manner; – check the quality and quantity of the Goods when transferring them to the Buyer; – not to disclose any private information of the Buyer and not to provide access to this information to third parties, except for cases stipulated by the legislation of Ukraine (it is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of the Agreement with the Seller, including for the fulfillment of obligations to the Buyer); – to prevent attempts at unauthorized access to information and/or its transfer to persons not directly related to the execution of Orders; to timely detect and stop such facts; – to properly fulfill the terms of this Agreement.
9. RIGHTS AND OBLIGATIONS OF THE BUYER 9.1. The Buyer has the right: – to register in the Online Store; – in case of disagreement with any point of the offer, to refuse to purchase the Goods/accept the Services, register in the Online Store, and any other actions stipulated by this Agreement; – to seek advice from the Seller regarding the properties and characteristics of the Goods/Services; – to require the Seller to perform its obligations under this Agreement in good faith; – other rights provided for by the current legislation of Ukraine 9.2. The Buyer is obliged: – before concluding the Agreement, to familiarize himself with the content and terms of the Agreement, the prices for the Goods/Services offered by the Seller in the Online Store; – to provide all the necessary data identifying him as a buyer and necessary for registration in the Online Store by manually entering the data when registering in the Online Store, or by notifying the necessary information to the Online Store operator, and to maintain their relevance; – to pay for the ordered Goods/Services (and its delivery, if delivery of the Goods is necessary) in a timely manner; – to properly formalize the acceptance of the Goods/Services (including signing and transferring to the Seller the relevant documents for receiving the Goods/Services), to present a document certifying the identity (person authorized to receive the Goods); – to check the quality and quantity of the Goods upon receipt from the Seller; – not to disclose any private information of the Seller and not to provide access to this information to third parties, except for cases stipulated by the legislation of Ukraine; not to transfer the login and password received during registration to third parties, and to independently bear responsibility for failure to fulfill this obligation; – to properly fulfill the terms of this Agreement.
10. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE 10.1. The Parties are responsible for failure to fulfill or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine. 10.2. When placing an order, the Buyer is responsible for the accuracy of the information provided to the Seller about himself (including, but not limited to, the information specified in clause 4.3. of the Agreement), and also confirms that he is familiar with the terms of this Agreement and agrees with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration. 10.3. The Seller is not responsible for the inability to fulfill the Buyer's order if such inability arose as a result of circumstances beyond the Seller's control, including, but not limited to, disruption of communication lines, equipment malfunction, etc. 10.4. The Seller's total liability for non-fulfillment or improper fulfillment of the terms of this Agreement is limited to the amount of the Buyer's payment made on the basis of this Agreement. 10.5. The warranty for the Goods is provided under the terms published on the website of the Online Store at the link https://happybodyshop.com.ua/refund_returns/.
11. FORCE MAJEURE 11.1. The period for the Parties to fulfill their obligations under this Agreement may be suspended only in the event of force majeure circumstances, namely: fire, natural disaster, armed conflict, significant changes in the legislation of Ukraine, which complicates or makes impossible the performance by the Party of its obligations under this Agreement, or due to other circumstances beyond the control of the Parties. 11.2. The Party that has been affected by force majeure circumstances must notify the other Party in writing within 5 (five) calendar days. 11.3. In the event of force majeure circumstances
force majeure, the Party that has been affected by them, subject to compliance with the requirements of clause 11.2 of this Agreement, shall be released from liability under this Agreement for the period of such circumstances. 11.4. After the termination of the force majeure circumstances, the period for the performance of obligations shall be renewed. The Party that has been affected by them shall notify the other Party in writing of the termination of the force majeure circumstances. 11.5. If the force majeure circumstances last for more than 30 (thirty) calendar days in a row, the Parties shall have the right to terminate this Agreement and make final payments. In this case, the losses caused by the termination of the Agreement shall not be compensated and penalties shall not be paid.
12. OTHER TERMS OF THE AGREEMENT 12.1. This Agreement shall enter into force from the moment the Buyer receives the order confirmation from the Seller. The Agreement shall be valid until the Parties fully fulfill their obligations. 12.2. This Agreement is concluded on the territory of Ukraine and is valid within the framework of the current legislation of Ukraine. 12.3. The Online Store contains materials, trademarks, brand names and other materials protected by law. The Buyer or any other third parties do not have the right to use the materials posted in the Online Store (including to make changes, copy, publish, transfer to third parties, etc.). The use of site materials without the consent of the copyright holders is not allowed. When citing site materials, including protected copyright works, a link to the Online Store website is mandatory. 12.4. All disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties will try to resolve them through negotiations. In the event of failure to reach an agreement during negotiations, disputes will be resolved in accordance with the procedure provided for by the current legislation of Ukraine.
12.5. By accepting the offer to conclude the Agreement (Acceptance) (in accordance with clause 3.1. of this Agreement), the Buyer accepts the Privacy Policy of the Contractor, which is posted on the Internet at https://happybodyshop.com.ua/privacy-policy/, and also consents to the collection, systematization, accumulation, storage, clarification (update, change) and use of his personal data and personal information by all means provided for by applicable law, in order to fulfill the obligations under the Agreement.
12.6. In cases not regulated by this Agreement, the Parties are governed by the current legislation of Ukraine.
13. Personal data 13.1. The provision of personal data when filling out the registration form on the Site, as well as their placement by the User/Buyer voluntarily on the Site while using the Site, is regulated in accordance with the legislation of Ukraine on the protection of personal data. 13.2. In order to place an order for Goods/Services, participate in promotions, surveys or otherwise interact with the Administration, the User/Buyer must carefully familiarize himself with the rights and obligations regarding the processing of personal data specified in Art. 8 of the Law of Ukraine "On Personal Data Protection", carefully read this Agreement and accept its terms. 13.3. The User/Buyer's personal data is stored in a personal database, which is the property of the Administration of the Online Store. 13.4. By agreeing to the terms of this Agreement, the User/Buyer certifies and confirms that he is familiar with and fully agrees with the terms of use of the Online Store Site, will comply with this Agreement, that he is familiar with the rights relating to his personal data, and that his voluntarily provided personal data constitutes consent to their inclusion in the Administration's personal data base, processing, making changes, and additions by the Administration in any way not prohibited by the current legislation of Ukraine, including, but not limited to, for the purpose of fulfilling the requirements of the legislation of Ukraine regarding advertising, taxes, and in the field of accounting, marketing, holding promotions, and preparing statistical information. 13.5. The User/Buyer's personal data is stored in the Administration's personal data base until their withdrawal at the written request of the User/Buyer. In case of withdrawal of consent to the processing of personal data, the Administration has the right to restrict the User/Buyer from using some resources, servers and capabilities of the Online Store. 13.6. The distribution of information provided by the User/Buyer is carried out in accordance with the current legislation of Ukraine at the request of the court, law enforcement agencies, as well as in other cases stipulated by the legislation of Ukraine. 13.7. The Buyer confirms his consent to the processing, making changes, additions to his personal data without his written warning by the Administration. 13.8. The location of the personal data base containing the personal data of the User/Buyer is the location of the Administration. 13.9. The Administration has the right to process the personal data of the User/Buyer both independently and by entrusting the processing of personal data to third parties on the basis of a written agreement, provided that confidentiality is maintained.
Carefully read the text of the public offer, and if you do not agree with any point of the offer, you have the right to refuse to purchase the Goods/Services available in the Online Store and not to take the actions specified in clauses 4.3, 3.1 of this Offer.