Public Offer Agreement
1.1. This offer is an official offer of TM "Mishkakids.com", hereinafter referred to as the "Seller", to conclude a contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the "Agreement", and places a Public Offer ( offer) on the Seller’s official website "https://mishkakids.com (hereinafter - the" Website ").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact that the Buyer paid the order on the terms of this Agreement, at the time and at the prices indicated on the Seller’s website.
Concepts and Definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* “Goods” - models, accessories, components and accompanying items;
* “Online Store” - in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling a product, work or service by means of an electronic transaction.
* "Seller" - a company that sells products presented on the website.
* “Buyer” - an individual who has concluded an Agreement with the Seller on the conditions set forth below.
* "Order" - the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement.
This Agreement governs the sale of goods in the online store, including:
- voluntary selection by the Buyer of goods in the online store;
- independent registration by the Buyer of an order in the online store;
- payment by the Buyer of the order placed in the online store;
- processing and delivery of the order to the Buyer in the ownership of the terms of this Agreement.
4.1. The buyer has the right to place an order for any product presented on the website of the online store and available.
4.2. Each item can be represented in the order in any quantity.
4.3. In the absence of goods at the warehouse, the Company Manager is obliged to inform the Buyer (by phone or e-mail).
4.4. In the absence of goods, the Buyer has the right to replace it with goods of a similar model, refuse this product, and cancel the order.
Order payment procedure
Cash on delivery
5.1. Payment is made upon receipt of the goods at the branch of the transport company for cash in UAH.
5.2. If funds are not received, the online store reserves the right to cancel the order.
Order Delivery Terms
6.1. Delivery of goods purchased in the online store is carried out to the warehouses of transport companies, where orders are issued.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Rights and obligations of the parties:
7.1. The seller has the right:
- unilaterally suspend the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement.
7.2. The buyer must:
- timely pay and receive an order on the terms of this agreement.
7.3. The buyer has the right:
- place an order in the online store;
- issue an electronic contract;
- require the Seller to fulfill the terms of this Agreement.
Responsibility of the Parties
8.1. The parties are responsible for non-compliance or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
- the appearance of the Goods changed by the manufacturer;
- for a slight discrepancy in the color gamut of the product, which may differ from the original product solely due to the different color rendering of individual computer monitors of certain models;
- for the content and veracity of the information provided by the Buyer when placing the order;
- for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur due to reasons beyond the scope of its control;
- for unlawful illegal actions performed by the Buyer using this access to the Internet;
- for the transfer by the Buyer of its network identifiers - IP, MAC address, login and password to third parties;
8.3. The buyer, using the Internet access granted to him, is independently liable for damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
8.4. In case of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. Force majeure for the purposes of this agreement is understood to mean events of an extraordinary, unforeseen nature that exclude or objectively impede the execution of this agreement, the occurrence of which the Parties could not have foreseen and prevented in reasonable ways.
8.5. The parties make every effort to resolve any differences solely through negotiations.
9.1. The online store reserves the right to unilaterally amend this agreement subject to prior publication on https://mishkakids.com
9.2. The online store was created to organize a remote way of selling goods over the Internet.
9.3. The buyer is responsible for the accuracy of the information specified when placing the order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine “On the Protection of Personal Data”.
9.4. Payment by the Buyer of the order placed in the online store means the Buyer's full agreement with the terms of the contract of sale (public offer)
9.5. The actual date of electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"
9.6. Using the resource of the online store to preview the product, as well as to place an order for the Buyer, is free.
9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering goods, making settlements, etc.
The procedure for returning goods of good quality
10.1. Return of goods to the online store is made in accordance with the current legislation of Ukraine.
10.2. Returning the goods to the online store is at the expense of the Buyer.
10.3. When the Buyer returns the goods of good quality, the Online Store returns the amount paid for the goods upon the return of the goods, minus the compensation for the costs of the Online Store related to the delivery of the goods to the Buyer.
11.1. An electronic contract shall be deemed concluded upon receipt by the person who sent the proposal to conclude such an agreement of a response to the acceptance of this proposal in the manner determined by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Until the expiration date, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refund
11.3. The parties have the right to terminate this agreement unilaterally, in case of failure of one of the parties to the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
Please note that the Mishkakids.com online store on the official website https://mishkakids.com has the right, in accordance with Ukrainian legislation, to provide the right to use the FLP online platform and legal entities for the sale of goods.