Public offer agreement

PUBLIC AGREEMENT (OFFER)

BEURRE online store, hereinafter referred to as the "Seller" in accordance with Art. 633 of the Civil Code of Ukraine offers an unlimited number of persons to enter into an agreement on the order and purchase and sale of Goods. In accordance with Articles 638, 642 of the Civil Code of Ukraine, if you agree to the terms of this public contract, you must complete the Order by adding the Goods to the Cart and pay for the Order. In this case, the contract will be considered concluded, and the Seller is obliged to provide the Goods specified in the Order.

1. Definition of Terms

1.1. Public contract (hereinafter - "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the sale of goods with the Seller by remote method on the terms contained in this Offer.

1.2. The product is the object of the agreement of the parties (ingredients for handmade cosmetics, cosmetic packaging, products for soap making and candle making), which was selected by the buyer on the website of the online store and placed in the cart.

1.3. Online store – the Seller's website at the address https://beurre.ua/ua is created for the conclusion of sales contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller using the Internet store website.

1.4. The buyer is a natural person who has reached the age of eighteen, who receives information from the online store, who places an order for the search, assembly and reservation of the Goods presented on the website of the online store, for purposes not related to the implementation of business activities, or a legal entity a person/individual is an entrepreneur.

1.5. Order - the selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.
 

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date when the Buyer fills out the order form located on the website of the online store and pays for the Order. If necessary, at the request of the Buyer, the Agreement can be drawn up in writing, in which case the Buyer sends a request to conclude the agreement in writing to the Seller's e-mail address.
 

3. Order processing

3.1. The buyer independently places an order in the online store through the "Basket" form, or by placing an order by e-mail or at the phone number specified in the contact section of the online store.

3.2. The Seller has the right to refuse to transfer the Order to the Buyer in the event that the information provided by the Buyer when placing the Order is incomplete or raises suspicions about their validity.

3.3. When placing an Order on the website of the online store, the Buyer undertakes to provide mandatory information necessary for the Seller to fulfill the Order and send the Order.

3.4. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer's basket on the Internet store website.

3.5. If any of the parties to the contract needs additional information, he has the right to request it from the other party. If the Buyer does not provide the necessary information, or provides incorrect information, the Seller is not responsible for providing quality and timely service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide information for placing the Order and sending it. When placing an order through the operator, the Buyer must clearly and clearly describe the desired Product. In case of misunderstandings during the execution of such Orders, the Seller is not responsible for the Goods incorrectly added to the Order.

3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the online store or when placing the Order through the operator and after paying for the Order. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.

3.8. The buyer is responsible for the accuracy of the information provided when placing the Order.

3.9. By concluding the Agreement, i.e. by accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing and paying for the Order, the Buyer confirms the following:

a) The buyer is fully and completely acquainted with and agrees with the terms of this offer (offer);

b) he gives permission for the collection, processing and transfer of personal data, the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", the purposes of data collection, as well as the fact that his personal data are transferred to the Seller for the purpose of being able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice from the Buyer for the purpose of fulfilling the Buyer's order. The extent of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
 

4. Price and Delivery of the Goods

4.1. Prices for Goods and services are determined by the Seller independently and indicated on the website of the online store. All prices for goods and services are indicated on the website in hryvnias, including VAT.

4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The price of the Product, which is indicated on the website of the online store, does not include the cost of delivery of the Product to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

4.4. The price of the Product, which is indicated on the website of the online store, does not include the cost of delivery of the Product to the Buyer's address in Ukraine and beyond. The cost of delivery is paid by the Buyer separately.

4.5. The Seller can indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending a letter to the e-mail, when placing an order on the website or when placing an order through an online store operator.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller on his account. Funds are received on average within 3 working days, but the term may vary depending on the operation of the banking system.

4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods indicated on the website of the online store in the "Terms of payment" and "Terms of delivery" sections.

4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).

4.9 If there are doubts about the quality of the product, the Buyer is obliged to issue a written complaint and send it to the e-mail address of the online store no later than 3 days after receiving the Order. Claims regarding the inadequate quality of the Product are not accepted by phone, in social networks and through other third-party resources. Claims regarding the inadequate quality of the Goods shall not be considered later than 3 days after receiving the Order.

4.10. The buyer or his representative, during the acceptance of the goods, confirms with his signature on the goods receipt / or in the order / or in the transport invoice for the delivery of the goods that he has no complaints about the quantity of the goods, appearance and completeness of the goods.

4.11. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative when the Seller hands over the goods to the delivery service (carrier) chosen by the Buyer or from the moment of receipt of the Goods by the Buyer upon independent delivery of the Goods from the Seller in the city of delivery of the Goods.

4.12. In the event that the Buyer does not receive the Order at the carrier's office within 6 days from the moment of its delivery, or in the absence of the Buyer at the delivery address specified by the Buyer when placing the Order, or the Buyer's refusal to receive the Goods for unjustified reasons when delivered by the company's Courier - carrier, the Goods are automatically returned to the Seller's warehouse without additional notice to the Buyer. Payment for carrier services is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer in non-cash form on the basis of his letter sent to the e-mail address of the online store. To do this, it is necessary to provide full bank details (full name, IBAN, EDRPOU code) and/or passport data and RNOCPP (if the return is made to an individual's card).
 

5. Rights and obligations of the Parties

5.1. The seller is obliged to:

5.1.1. Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.

5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution of the Buyer's Order.

5.2. The seller has the right to:

5.2.1 Change the terms of this Agreement, as well as the prices of Goods and services, unilaterally, by posting them on the website of the Internet store. All changes take effect from the moment of their publication.

5.3 The buyer undertakes:

5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, terms of the Agreement and prices, terms of payment and delivery proposed by the Seller on the website of the online store.

5.3.2 In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
 

6. Return of the Goods

6.1. The terms of return and/or exchange of goods are regulated by Article 9 of the Law of Ukraine "On the Protection of Consumer Rights". Resolution No. 172 of the Cabinet of Ministers of Ukraine approved the list of goods that cannot be exchanged and returned, including perfumery and cosmetic products. Therefore, when placing an order, the Buyer must understand that part of the goods of the online store are not subject to return (for example, base and essential oils, extracts and assets, ready-made cosmetics, etc.).

6.2. Goods can be returned within 14 days from the moment the order is shipped. The date is formed on the day of shipment and is indicated in the delivery invoice.

6.3. Goods of those store categories that are subject to return and exchange are accepted new, undamaged, in packaging. If the Buyer makes a return of the cosmetic container, the Seller must inspect it for damage, scratches, wear and moments of use.

6.4. Goods of inadequate quality are accepted for reimbursement only in the case of a factory defect.

6.5. The return of the goods is carried out at the expense of the sender. If the return delivery was not paid by the sender - the Seller does not pick up the cargo and will not be able to issue a refund.

6.6. The cost of the product will be refunded no later than 10 calendar days after the return/exchange is processed. To process the return, the Seller must receive the goods sent by the Buyer and inspect them.

6.6. Funds are returned in non-cash form to the card or bank account of the Buyer. To do this, it is necessary to provide full bank details (full name, IBAN, EDRPOU code) and/or passport data and RNOCPP (if the return is made to an individual's card).
 

7. Liability

7.1. The seller is not responsible for the delivery time of the Order and possible delays on the part of the carrier on the territory of Ukraine.

7.2. The seller is not responsible for the delivery time of international orders outside of Ukraine. The delivery time can vary from 7 to 60 days depending on the country of the recipient.

7.3. The Seller is not responsible for the quality of the Goods stored on the Seller's premises.

7.4. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use and storage of the Goods purchased from the Seller.

7.5. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information, as well as if the Buyer does not respond to e-mails and phone calls.

7.6. 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.

7.7. The Seller or the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment 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 concluding this contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
 

8. Confidentiality and protection of personal data

8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as taking other actions provided for by the Law of Ukraine "On the Protection of Personal Data ", without limiting the validity period of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Buyer or its inconsistency.
 

9. Other conditions

9.1. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The seller has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
 

ADDRESS OF THE SELLER:

65114, Odesa, str. Akademica Koroliova 34

Tel.: +380960535405, +380487873464

e-mail: info@beurre.com.ua