Public offer agreement
Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offering Agreement - the Buyer, on the other hand, hereinafter referred to as the Parties, have entered into this Public Offering Agreement (hereinafter - the Agreement) addressed to an unlimited number of persons. the official public offer of the Seller to conclude with the Buyers a contract of sale of photographs (photographic works, including works made in ways similar to photographs) which are posted in the relevant section of the Website https://topdogclub.com.ua/photo
Sellers intending to sell the Goods through the Website https://topdogclub.com.ua/photo and Buyers when purchasing goods (photos), which are placed on the relevant pages https://topdogclub.com.ua/photo, accept the terms of this Agreement as follows.
GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is executed in the form of a Public Offer Agreement. Click on the Website page https://topdogclub.com.ua/photo in the corresponding section of the "BUY | BUY NOW "means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with applicable international and Ukrainian law, has fulfilled the terms of the Public Offering Agreement, which are listed below.
1.2. The contract of public offer is public, that is according to articles 633, 641 of the Civil code of Ukraine its conditions are identical for all Buyers irrespective of the status (the physical person, the legal entity, the physical person-businessman). In full agreement with this Agreement, the Buyer accepts the terms and conditions of ordering, payment and delivery of goods by the Seller, liability for unscrupulous Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force upon clicking on the "BUY | button BUY NOW ”, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.
1.4. To regulate the contractual relationship under the Agreement, the Parties shall select and, if necessary, apply Ukrainian law. If an international agreement, approved by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
"Public offer agreement" - a public contract, a sample of which is posted on the Website https://topdogclub.com.ua/photo and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https://topdogclub.com.ua/photo , addressed to an indefinite circle of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the seller's offer to purchase the Goods, the image of which is posted on the Website https://topdogclub.com.ua/photo , by adding it to the virtual basket and sending the Order.
"Goods" - subject of trade (photographic works, including works made in methods similar to photographs), the acquisition of which is on the Website https://topdogclub.com.ua/photo the seller's offer is placed.
"Buyer" - any able-bodied natural person, legal entity, natural person-entrepreneur, according to the current international and Ukrainian legislation, who have visited the Website https://topdogclub.com.ua/photo and intending to purchase a Product.
"Seller" - any able-bodied natural person, legal entity, natural person-entrepreneur, in accordance with current international and Ukrainian legislation, who are the owners or distributors of the Goods and through the Website https://topdogclub.com.ua/photo intend to sell it.
"Order" - Properly designed and posted on the Website https://topdogclub.com.ua/photo Buyer's application for the purchase of Goods addressed to the seller.
"Legislation" - the norms established by the Ukrainian or international legislation for regulation of contractual legal relations under the Agreement.
"Significant defect of the Goods" - a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, occurred through the fault of the manufacturer (Seller), after its elimination manifests itself again for reasons beyond the control of the consumer.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to sell the Goods on the basis and in the manner specified in this Agreement on the basis of the Order placed by the Buyer on the relevant page of the Website https://topdogclub.com.ua/photo , and the Buyer undertakes to buy the Goods and pay for them on the terms and in the manner specified in this Agreement.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to it.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or fictitious transaction or a transaction made under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits to carry out economic activities, which regulate the scope of legal relations arising and operating in the course of performance of this Agreement, and also guarantees that it has copyright on the photos sold in accordance with the requirements of the current legislation of Ukraine, and undertakes to be liable in case of violation of the rights of the Buyer in the process of execution of this Agreement and the sale of the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller must:
comply with the terms of this Agreement
to fulfill the Buyer's orders in case of receipt of payment from the Buyer;
transfer the Goods to the Buyer according to the selected sample on the relevant page of the Website https://topdogclub.com.ua/photo , the executed order and conditions of this Agreement;
check the quality characteristics of the Goods before sending them to the Buyer;
to notify the buyer about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this contract.
4.2. The seller has the right to:
unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
4.3. Seller:
https://topdogclub.com.ua/photo : 4900 ,, Dnipro.
or Entity from among the persons offering to purchase on the Website https://topdogclub.com.ua/photo Goods in accordance with the uniform agreed rules set forth in this public offer agreement. *
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer must:
timely pay and receive the order under the terms of this Agreement;
read the information about the Product posted on the Website https://topdogclub.com.ua/photo
upon receipt of the Goods from the person, check the quality characteristics Goods by inspection. In case of damage or incomplete configuration of the Goods - contact the Seller https://www.topdogclub.com.ua/contacts .
5.2. The buyer has the right to:
place an order on the relevant page of the Website https://topdogclub.com.ua/photo
require the seller to comply with the terms of this Agreement;
for informing about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDER PROCEDURE
6.1. The buyer places his order on the relevant page of the Website https://topdogclub.com.ua/photo by adding Items to the virtual basket by clicking the «BUY | BUY NOW », or by ordering by e-mail or by phone number listed in the contact section of the Website https://topdogclub.com.ua/photo
6.2. Term of formation of the Order up to 2 working days from the moment of its registration. If the order is sent on a weekend or holiday, the formation period begins on the first day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website https://topdogclub.com.ua/photo . The Price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The buyer can pay for the order in the following ways:
1. by bank transfer of money to the current account of the Seller, specified in the account, incl. by means of Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2. Credit card of the following type:
Visa
Mastercard
Pay Pal
3. in any other way as agreed with the Seller.
Note. If the Buyer pays for the order with a payment card, the issuer of this card may charge an additional fee, in particular, if the Buyer pays for the order with a payment card, an additional fee may be charged when the Buyer pays for European orders with Visa and Mastercard card issuers. When clicked on the Website page https://topdogclub.com.ua/photo in the corresponding section of the button «BUY | BUY NOW "means that the Seller has notified the Buyer of the possibility of charging an additional fee when paying by the Buyer for European orders, the issuer of Visa, Mastercard.
TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by e-mail, or receives it in person.
8.2. The fact of receipt of the Goods is absence claims to the quality of the Goods.
All questions arising in the process of payment and receipt of the Goods, the Buyer can find out from the contact information in the Contacts section.
CONDITIONS OF RETURN OF GOODS
9.1. Photos are not subject to exchange and return,
RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian law.
10.2. In the event of disputes related to the performance of the Parties to this Agreement, except for disputes over the recovery of debts from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes in connection with the recovery of debt from the Buyer, compliance with the claims procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including its execution, breach, termination or invalidity, shall be resolved in the relevant court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJOR CIRCUMSTANCES
11.1. The Parties shall not be liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure, ie events or circumstances that are really beyond the control of such party after the conclusion of this Agreement. are unpredictable and unavoidable.
Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, and hazards. accidents at sea, embargoes, catastrophes, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances have directly affected the implementation of this Agreement.
11.2. A Party that has become unable to fulfill its obligations under this Agreement due to force majeure shall immediately notify the other Party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days provide the other Party with confirmation of force majeure. circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended for any period during which performance has been suspended due to the above circumstances.
11.4. If due to force majeure the non-performance of obligations under this Agreement lasts more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties shall make final settlements.
OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling his Order (sending a message to the seller about the order of the Goods, sending advertising messages, etc.).
12.2. By self-acceptance of the Agreement or registration on the Website https://topdogclub.com.ua/photo (filling in the registration form) The buyer voluntarily agrees to the collection and processing of personal data for the following purpose: the data that becomes known will be used for commercial purposes, including processing orders for goods, receiving order information, sending telecommunications communication (e-mail, mobile communication) of advertising and special offers, information about promotions, raffles or any other information about the activities of the Website https://topdogclub.com.ua/photo .
For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer.
12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without further notice), to carry out lifelong storage of data, their accumulation, update, change (as needed). The Seller undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for data transfer to related parties, commercial partners, persons authorized by the Seller to directly process data for these purposes, and at the request of the competent state authority).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when ordering.