PUBLIC AGREEMENT (OFFER)

for order, purchase and sale and delivery of goods

 

This agreement is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website fbroom.com. This agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity on a single tax, individual entrepreneur on a single tax) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for goods, delivering goods, returning goods, liability for an unscrupulous order and all other terms of the agreement. The agreement is considered concluded from the moment of clicking the "Place an order" button on the order page in the "Cart" Section and the Buyer receiving an order confirmation from the Seller in electronic form.

 

1. Definition of terms

1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller, addressed to an unspecified group of persons, to conclude a contract of sale of goods with the Seller remotely (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.

1.2. Goods or Services are the object of the agreement of the parties, which was selected by the Buyer on the website of the Online Store and placed in the basket, or already purchased by the Buyer from the Seller remotely.

1.3. Online Store is the Seller’s website at fbroom.com created for concluding retail purchase and sale contracts on the basis of the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.

1.4. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.

1.5. The Seller is an individual entrepreneur Makienko Inna Oleksandrivna (identification code 3015719148), who acts in accordance with the current legislation of Ukraine.

 

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 Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of filling out the order form by the Buyer located on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.

 

3. Ordering

3.1. The Buyer independently places an order in the Online Store through the "Shopping Cart" form, or by placing an order by e-mail or by calling the phone number specified in the contacts section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion of its validity.

3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. last name, first name of the Buyer;

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

3.3.3. contact phone number.

3.3.4. Identification code for a legal entity or individual entrepreneur who is a single tax payer.

3.4. The name, quantity, article number, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the Online Store website.

3.5. If any of the Parties to the Agreement needs additional information, he has the right to request it from the other Party. In the event that the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality 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 the information specified in clauses 3.3 - 3.4. of this Offer.

3.6. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store website or when placing an Order through the Operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.

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

3.8. By concluding the Agreement, that is, accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:

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

b) he gives permission to collect, process and transfer 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 concluding the Agreement, the Buyer confirms that he is notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, to be able to make mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's order. The extent of the Buyer's rights as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.

 

4. Price and Delivery of 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.

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 single unit of Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivering the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer's address.

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

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

4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the Online Store website in the "Terms" section.

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

4.9. The Buyer or his representative, upon receipt of the Goods, confirms by his signature in 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, the appearance and completeness of the Goods.

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

 

5. Rights and obligations of the Parties

5.1. The Seller shall be obliged to:

5.1.1. Transfer 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 in cases provided for 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 for the Goods and services, unilaterally, by posting them on the website of the Online Store. All changes shall come into force from the moment of their publication.

5.3 The Buyer undertakes:

5.3.1 Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement and the prices offered 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 necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

 

6. Return of Goods

6.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if it was not used and if its presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. The Buyer is refunded the cost of goods of proper quality within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements provided for in clause 6.1. of the Agreement and the current legislation of Ukraine.

6.3. The cost of the goods is subject to refund by bank transfer to the Buyer's account.

6.4. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.

6.5. In the event of defects in the Goods being discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights". When presenting requirements for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.

6.6. Consideration of the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that have arisen after their transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.

6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, etc. at the Buyer's request). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store.

6.8. The return of the goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section

 

7. Liability

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

7.2. The Seller is not liable for improper, untimely execution of Orders and its obligations in the event of the Buyer providing inaccurate or erroneous information.

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

7.4. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party.

 

8. Confidentiality and protection of personal data.

8.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer provides the Seller with their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions stipulated by the Law of Ukraine "On Personal Data Protection", without limiting the term of validity 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 an agreement with the Seller, including to fulfill 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 their personal data up to date. The Seller is not liable for poor performance or failure to perform its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

 

9. Other conditions

9.1. This Agreement 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 are resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller have the right to apply for 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 amendments to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.

 

ADDRESS AND DETAILS OF THE SELLER:

Individual entrepreneur

Makienko Inna Oleksandrivna

Address of activity: Kyiv, V. Ivasiuka Ave., building 13, na 2

Identification code: 3015719148

Entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations dated 03.08.2009 No. 2522 000 0000 048166,

Single tax payer of the second taxation group

 

 

 

Available delivery methods

1. Nova Poshta

Free for orders over 3000 ₴.

Dispatch on Tuesdays and Fridays.

Delivery time up to five days from the moment of order confirmation.

All rates according to Nova Poshta delivery terms.

Free delivery – does not apply to:

- large orders weighing over 30 kg;

- orders with cash on delivery;

- orders with address delivery.

 

2. Pickup

Address of the delivery point: Kyiv city, Volodymyr Ivasiuk Avenue, 13 (Feya beauty room salon)

The goods can be picked up: Mon-Fri from 10:00 to 18:00 (with a 60-minute notice of arrival)

 

Order payment options

1. LiqPay (according to the terms on the payment system website)

2. Cash on delivery

This is payment for the goods by the recipient when receiving the parcel at the Nova Poshta branch or at the place of residence.

The service fee is 2% of the amount + 20 UAH and is paid at the Nova Poshta branch

3. Payment to the account

Payment by details for individuals, individual entrepreneurs and legal entities on a single tax

Prepaid to the current account of PJSC СB Pryvatbank

R/R UA083052990000026001015016984

FOP Makienko Inna Oleksandrivna

Code 3015719148