Public offer contract for ordering, purchasing, selling and delivering goods

This agreement between FOP Patsalyuk O. V., hereinafter referred to as the “Seller” and the user of the services of the website, hereinafter referred to as the “Customer”, is an agreement of assignment for the order, purchase and delivery of Goods and determines the main terms of ordering, purchasing and delivery of Goods via the website. http://tandem-greenshop.com.ua/  The Buyer, acting for the purpose of purchasing the Goods, accepts the terms of this contract for the purchase and sale of Goods (hereinafter referred to as the Contract) on the following terms.

1. DEFINITION OF TERMS

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

1.2. Order – the Customer's decision to order 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 information below is an official offer of the online store http://tandem-greenshop.com.ua/  any individual (hereinafter referred to as the “Buyer”) to conclude a contract for the purchase and sale of goods. The specified contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.

2.2. According to Article 642 of the Civil Code of Ukraine, the fact of placing and confirming the order is the full and unconditional acceptance of the terms of this proposal (offer), which confirms the conclusion of the Contract for the Purchase and Sale of Goods on the terms proposed below. 

2.3. By placing an Order, the Buyer confirms his agreement and unconditional acceptance of the terms of this proposal (offer).

2.4. By concluding the contract (i.e., by emphasizing the terms of this Offer (Proposed Opportunities) by placing an Order), the Buyer confirms the following:

– The Buyer is fully and completely familiar with and agrees with the terms of this offer;

– He gives permission to collect, process and transfer personal data on the terms 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 concluding the Agreement, the Customer confirms that he has been 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 are 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 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 the personal data collection. 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 the Product is indicated on the website of the online store.

3.2. The Seller has the right to unilaterally change the price for any item of the Goods. 

3.3. In the event of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about the change in 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. Changing the price of the Goods paid for by the Buyer by the Seller is not allowed.

3.6. The Seller indicates the cost of delivering the Goods on the website of the Online Store or informs the Buyer when placing an order through the Manager. 

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

3.8. Payments between the Seller and the Buyer for the Goods are made by the methods specified on the website of the Online Store in the “Delivery and Payment” section.

4. ORDERING

4.1. The Buyer orders the Goods through the Manager by phone: (095) 856 00 46 or through the service of the Online Store website. http://tandem-greenshop.com.ua/

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 first name of the Buyer or the person indicated by him (recipient);

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

4.2.3. Email address;

4.2.4. Contact phone number

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

4.4. If the Seller needs additional information, he has the right to request it from the Buyer. In the event that the Buyer fails to provide the necessary information, the Seller is not responsible for providing the Buyer with quality service when purchasing goods in the online store.

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

4.6. 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 Manager. After placing an Order through the Manager, 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 an order. 

4.8. A distance sales contract between the Seller and the Buyer is considered concluded from the moment of electronic order placement on the online store website or the Seller issues to the Buyer a cash or merchandise receipt or other document confirming payment for the Goods. 

5. DELIVERY AND HANDOVER OF THE GOODS TO THE BUYER

5.1. The methods, procedure and terms of delivery of goods are specified on the website in the “Delivery and Payment” section. The Buyer agrees with the Online Store Manager the procedure and terms of delivery of the ordered goods at the time of purchase. 

5.2. Self-pickup of goods:

5.2.1 After forming an application, the buyer can pay and receive his goods at the address: Uzhhorod, Fedyntsia St., 12, Mon - Sun from 09:00 to 18:00.

5.2.2. Ownership and the risk of accidental loss or damage to the goods shall pass to the Customer or its Representative from the moment of receipt of the Goods by the Parties signing the goods receipt and/or order (and/or order for the purchase and delivery of the goods) for delivery. 

5.3. Delivery of the Goods is carried out by the employees of the Online Store in accordance with the delivery terms or with the involvement of third parties (carrier).

5.4. Upon receipt of the Goods, the Customer must, in the presence of a courier representative, check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness).

5.5. The Customer or the Customer's Representative, upon acceptance of the goods, confirms that he has no complaints about the quantity of the goods, the appearance and completeness of the Goods. 

6. RETURN OF GOODS

6.1. The Customer has the right to refuse the Goods at any time before their transfer, and after the transfer of the Goods - in accordance with the procedure and under the conditions specified by the Law of Ukraine "On Protection of Consumer Rights".

6.2. Return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact of purchase and the terms of ordering the specified goods are preserved. 

6.3. The Customer does not have the right to refuse the Goods of proper quality that have individually defined properties, if the specified Goods can be used exclusively by the Consumer who purchased it (including non-standard, at the request of the Customer, sizes, etc.). 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. 

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

6.5. In accordance with the Law of Ukraine “On Protection of Consumer Rights and Art. 707 of the Civil Code of Ukraine, flowers are not subject to exchange or return, since flowers are perishable goods and preserving their presentation or properties is possible only under special conditions. But despite this, we can make an exchange or refund. You can find out more about the terms of return or exchange here.

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

7. LIABILITY OF THE PARTIES

7.1. The Seller is not liable for damage caused to the Buyer as a result of improper use of the Goods ordered on the website. http://tandem-greenshop.com.ua/ and purchased from the Seller.

7.2. 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. 

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 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 occurred 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 thereof. 

ADDRESS AND DETAILS

FOP Patsalyuk Oksana Vasylivna

TIN 3254616225

Account: UA373052990000026004003606541