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  • Public offer agreement

Public offer agreement

PUBLIC OFFER AGREEMENT for the order, purchase, sale and delivery of goods


This agreement between the individual entrepreneur "Klishch L. M.", hereinafter referred to as the "Seller" and the user of the website services, hereinafter referred to as the "Customer", is a contract of assignment for the order, purchase and delivery of Goods and defines the basic conditions for ordering, purchasing and delivering goods through the website https://bombay.com.ua. The Buyer, acting for the purpose of purchasing the Goods, accepts the terms of this contract of sale of goods (hereinafter referred to as the Agreement) on the following terms.


1. DEFINITION OF TERMS

1.1. Public Offer (hereinafter referred to as the "Offer") is a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer, including all Annexes.

1.2. Order - the Customer's decision to order the goods and their delivery, issued in the online store and/or an order for the purchase and delivery of goods.


2. GENERAL PROVISIONS

2.1. The following information is an official offer (offer) of the online store https://bombay.com.ua to any individual (hereinafter referred to as the Buyer) to conclude a contract for the sale of goods. The said agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers.

2.2 In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer, which confirms the conclusion of the Agreement for the sale of goods on the terms and conditions set forth below, is the fact of placing and confirming the order.

2.4. By placing the Order, the Buyer confirms the agreement and unconditional acceptance of the terms of this offer (offer).

2.5. By concluding the Agreement (i.e. accepting the terms of this Offer by placing an Order), the Buyer confirms the following:

  • The Buyer is fully familiarized with and agrees to the terms of this Offer;
  • He/she authorizes the collection, processing and transfer of personal data under the conditions specified below in the Clause on the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Customer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of processing personal data. The scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.


3. PRICE OF THE GOODS

3.1 The price for each item of goods is indicated on the website of the online store.

3.2. The seller has the right to unilaterally change the price of any item of goods.

3.3. In case of change of the price of the ordered Goods, the Seller undertakes to inform the Buyer about the change of the price of the Goods.

3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods if the price is changed by the Seller after placing the Order.

3.5. The Seller shall not change the price of the Goods paid by the Buyer.

3.6. The Seller shall indicate the cost of delivery of the Goods on the website of the Online Store or notify the Buyer when placing the order by the Operator.

3.7. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds.

3.8. Settlements between the Seller and the Buyer for the Goods shall be made in the manner specified on the website of the Online Store in the section "Delivery and Payment".


4. PLACING AN ORDER

4.1 The Goods are ordered by the Buyer by phone:

  • +380 99 551 51 98
  • through the service of the website of the online store https://bombay.com.ua
  • through the service of the INSTAGRAM website https://instagram.com/tattoo.bombay

4.2. When registering on the website of the online store, the Buyer undertakes to provide the following registration information:

4.2.1. Surname and name of the Buyer or the person (recipient) indicated by him;

4.2.2. The address to which the Goods should be delivered (if delivery to the Buyer's address);

4.2.3. e-mail address (optional field);

4.2.4. Contact phone number.

4.3. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the online store.

4.4. If the Seller needs additional information, he has the right to request it from the Buyer. In case the Buyer does not provide the necessary information, the Seller is not responsible for providing quality services to the Buyer when purchasing goods in the online market.

4.5. When placing an Order through the Operator (clause 4.1 of this Offer), the Buyer undertakes to provide the information specified in clause 4.2 of this Offer.

4.6. Acceptance by the Buyer of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the website of the online store or when placing an Order through the Operator. After placing an Order through the Operator, the Buyer's data is registered in the Seller's database.

4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.

4.8. The contract of sale by distance between the Seller and the Buyer is considered concluded from the moment of electronic ordering on the service of the website of the online store or the issuance by the Seller to the Buyer of a cash or sales receipt or other document confirming payment for the Goods.


5. DELIVERY AND TRANSFER OF GOODS TO THE BUYER

5.1. The methods, procedure and terms of delivery of goods are indicated on the website in the section "Delivery and Payment". The Buyer agrees the procedure and terms of delivery of the ordered goods with the operator of the online marketplace at the time of purchase.

5.2. Delivery of the goods is carried out by the employees of the online store in accordance with the terms of delivery, or with the involvement of third parties (carrier).

5.3. Upon receipt of the goods, the Customer shall, in the presence of a courier representative, check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).

5.5. Upon acceptance of the goods, the Customer or the Customer's Representative shall confirm with his/her signature on the sales receipt and/or the order for delivery of goods that he/she has no claims to the quantity of goods, appearance and completeness of the goods.


6. RETURN OF GOODS

6.1. The Customer has the right to withdraw from the goods at any time before their transfer, and after the transfer of the goods - in the manner and under the conditions determined by the Law of Ukraine "On Protection of Consumer Rights".

6.2. The return of excisable goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the fact of purchase and the terms of the order of the specified goods are preserved.

6.3. The Customer shall not be entitled to refuse the goods of good quality with individually defined properties if the said goods can be used exclusively by the Consumer who purchased them (including non-standard sizes, at the request of the Customer, etc.) Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics specified in the online store.

6.4. The return of the goods, in cases provided for by law and this Agreement, shall be made to the address indicated on the website in the section "Delivery and Payment".

6.5. In case of the Buyer's refusal of the Goods of good quality, the Seller shall refund the funds in the amount of the cost of such Goods, except for the Seller's expenses for the delivery of the returned goods.

6.6. The refund of the amount specified in clause 6.5. is made within 7 working days after the store receives the returned goods.


7. RESPONSIBILITY OF THE PARTIES

7.1. The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the Goods pre-ordered on the website https://bombay.com.ua and purchased from the Seller.

7.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides inaccurate or false information.

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.


ADDRESS AND DETAILS

PRIVATE ENTERPRISE "KLISHCH L.M."

Address: 2A Chystyakivska St., Kyiv, Ukraine, office 24

EDRPOU2516707580

Bank account: UA603052990000026202644289890