Public offer agreement
1. General provisions
1.1. This offer is an official offer of TM "Tea-Art" (hereinafter - the "Seller") to enter into an Agreement for the sale of goods remotely, ie through the online store (hereinafter - the "Agreement"), and placing a public offer (offer) on the official website of the Seller: https://tea-art.ua/ (hereinafter - the "website").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) of the electronic Contract of sale of goods is the fact that the Buyer pays for the order under the terms of this Agreement within the terms and prices specified on the Seller's website.
2. Concepts and definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* "Goods" - tea, utensils, accessories, packaging, components and related items.
* "Online store" - in accordance with the Law of Ukraine "On e-commerce", it is a means to provide or sell goods, works or services through an electronic transaction.
* "Seller" - a company that sells goods that are presented on the website.
* "Buyer" - an individual who has entered into an Agreement with the Seller on the terms set out below.
* "Order" - the choice of individual items from the list of goods specified by the Buyer when placing an order and payment.
3. Subject of the Agreement
3.1. 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.
This Agreement regulates the purchase and sale of goods in the online store, including:
- voluntary choice by the Buyer of goods in the online store;
- independent registration of the order by the Buyer in online store;
- payment by the Buyer of the order placed in the online store;
- processing and delivery of the order to the Buyer in the property under the terms of this Agreement.
4. The order of registration of the order
4.1. The buyer has the right to place an order for any product that is presented on the website of the online store and is available.
4.2. Each item can be presented in the order in any quantity.
4.3. In the absence of goods in the warehouse, the company's manager must notify the Buyer (by phone or e-mail).
4.4. In the absence of the goods the Buyer has the right to replace it with the goods of similar model, to refuse the given goods, to cancel the order.
5. The order of payment of the order
5.1. Payment is made upon receipt of the goods at the branch of the transport company for cash payment in UAH.
Payment on the site
5.2. The buyer can choose a convenient method of non-cash payment.
5.3. In case of non-receipt of funds, the online store reserves the right to cancel the order.
6. Terms of delivery of the order
6.1. Delivery of goods purchased in the online store is carried out to the warehouses of transport companies, where orders are issued, except in cases of delivery by courier and self-pickup from Tea-Art stores.
6.2. Along with the order, the buyer is provided with documents in accordance with the laws of Ukraine.
7. Rights and obligations of the parties
7.1. The seller has the right to:
- unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
7.2. The buyer must:
- timely pay and receive orders under the terms of this Agreement.
7.3. The buyer has the right to:
- place an order in the online store;
- draw up an electronic contract;
- require the Seller to comply with the terms of this Agreement.
8. Responsibility of the parties
8.1. 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 current legislation of Ukraine.
8.2. Seller is not responsible for:
- the appearance of the goods changed by the manufacturer;
- for a slight discrepancy between the color scheme of the product, which may differ from the original product only due to the different color rendering of personal computer monitors of individual models;
- for the content and truthfulness of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of services (order processing and delivery of goods), which occur for reasons beyond its control;
- for illegal illegal actions committed by the Buyer through this access to the Internet;
- for the transfer by the Buyer of his network identifiers - IP and MAC addresses, logins and passwords to third parties.
8.3. The buyer, using the Internet access provided to him, is solely responsible for the damage caused by his actions (personally, even if under his login was another person) to persons or their property, legal entities, state or moral principles.
8.4. In the event of force majeure, the parties are released from the terms of this Agreement. Force majeure for this Agreement means events of an extraordinary, unforeseen nature that make it impossible or objectively impede the implementation of this Agreement, the parties could not foresee their occurrence and prevent them in reasonable ways.
8.5. The Parties shall use their best endeavors to resolve any differences solely through negotiations.
9. Other conditions
9.1. The online store reserves the right to unilaterally amend this Agreement subject to its prior publication on the website https://tea-art.ua/.
9.2. The online store was created to organize a remote way of selling goods over the Internet.
9.3. The buyer is responsible for the accuracy of the information specified when ordering. In this case, upon acceptance (ordering and subsequent payment for the goods), the Buyer gives the seller his unconditional consent to the collection, processing, storage and use of their personal data in accordance with the Law of Ukraine "On Personal Data Protection".
9.4. Payment by the Buyer for the order placed in the online store means the full consent of the buyer to the terms of the Sales Agreement (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms in accordance with Art. 11 of the Law of Ukraine "On e-commerce".
9.6. The use of the online store resource for previewing the goods, as well as for placing an order for the Buyer is free.
9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending messages to the buyer, delivery of goods, settlements, etc.
10. Procedure for returning goods of proper quality
10.1. Return of goods to the online store is carried out in accordance with current legislation of Ukraine.
10.2. Return of goods to the online store is at the expense of the Buyer.
10.3. When the Buyer returns the goods of proper quality, the online store returns to him the amount paid for the goods upon return of the goods less compensation for the costs of the online store, which are associated with the delivery of goods to the Buyer.
11. Term of the contract
11.1. The electronic agreement is considered concluded from the moment of receipt by the person who sent the offer to conclude such agreement of the answer on acceptance of this offer in the order determined by part six of Art. 11 of the Law of Ukraine "On e-commerce".
11.2. Until the expiration of this Agreement may be terminated by mutual agreement of the parties until the actual delivery of goods by refund.
11.3. The Parties have the right to terminate this Agreement unilaterally in the event that one of the parties fails to comply with the terms of this Agreement and in cases provided by current legislation of Ukraine.
* Please note that TM "tea-art" on the official website https://tea-art.ua/ has the right, in accordance with the laws of Ukraine, to grant the right to use the Internet platform to private individuals and legal entities to sell goods.