Public offer
PROPOSAL (OFFER) FOR THE CONCLUSION OF A CONTRACT FOR THE SALE OF GOODS “Suzirya Center LLC” offers (provides an offer) to conclude a contract for the sale of goods on the terms and conditions specified below. The Buyer, acting in order to purchase the Goods, accepts the terms of this offer to conclude a contract for the sale of goods (hereinafter referred to as the Agreement) on the following terms.
1. General provisions
1.1. The following information is an official offer (offer) of Suzirya Center LLC to any individual (hereinafter referred to as the Buyer) who has civil legal capacity and civil legal capacity to enter into a contract for the sale of goods. The said agreement is a public agreement, i.e., according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers, and the said agreement is an accession agreement, i.e., according to Article 634 of the Civil Code of Ukraine, the terms of the agreement established by one of the parties – Suzirya Center LLC, may be concluded only by the accession of the other party – the Buyer, to the proposed agreement as a whole.
1.2. The provisions of this offer (offer) determine all the essential terms of the Agreement and are the same for all buyers, taking into account the norms of the current legislation of Ukraine, including the Law of Ukraine “On Electronic Commerce”, regarding the sale of goods remotely to the Buyer by making electronic transactions using information and telecommunication systems.
1.3. In accordance with Article 641 of the Civil Code of Ukraine, the placement of images of goods on the site is not advertising, but is an offer addressed to an indefinite number of persons, an invitation to enter into an adhesion agreement in accordance with the current legislation of Ukraine.
1.4. In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the Agreement for the sale of goods on the terms and conditions proposed below, is the fact of placing and confirming the order.
1.5. By placing an Order, the Buyer confirms his agreement and unconditional acceptance of the terms of this offer (offer), and confirms that he has full civil capacity.
1.6. By concluding the Agreement (i.e. accepting the terms of this Offer by placing an Order), the Buyer confirms the following:
а) The Buyer is an adult, has full civil capacity, and agrees to the preliminary identification of his/her person;
б) The Buyer is fully and completely familiarized and agrees with the terms of this offer;
в) The Buyer authorizes the collection, processing and transfer of personal data on the terms, 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 Buyer 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 Buyer 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 Buyer’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.
г) The Buyer agrees to receive SMS newsletters or other commercial electronic messages from Suzirya Center LLC by means of communication (hereinafter referred to as Communications) with offers (offers) to conclude other agreements on the terms and conditions that will be in force at the time of communication. Communication may be sent to a person without his/her consent only if he/she can refuse to receive such messages in the future.
2. Terms and definitions
2.1. The seller, Suzirya Center LLC, is a registered legal entity under the current legislation of Ukraine and is located at: 27-A Syretska Street, Kyiv, 04073, Ukraine.
2.2 Goods – the goods specified by the Seller, the description of which is posted on behalf of the Seller on the electronic service halfahalf.pet and available to the Seller on the date of shipment, for which the Seller determines the price, name and range. The description of the product may be accompanied by its image. The product description and its image are not advertising, but are information that is necessary, accessible, reliable, timely, etc. in accordance with the Law of Ukraine “On Consumer Protection”.
2.3. The Buyer is a legally capable individual (who has reached the age of eighteen) who orders the Goods from the Seller using the halfahalf.pet service, on the terms of this public offer (offer), with which he has read and agreed, has been properly registered using the halfahalf.pet Service, and has provided information about himself.
2.4. Order – the Buyer’s application for the purchase of the Goods addressed to the Seller, which is executed and provided to the Seller using the software tools of the halfahalf.pet service
2.5. The halfahalf.pet service is a set of data accessed through a web browser and software modules united by a single control system located on the Internet at halfahalf.pet.
2.6 Shipment date – the date of receipt of the Goods by the Buyer or his representative.
2.7. Delivery territory – all territories within Ukraine.
3. Subject matter of the contract for the sale of goods
3.1. The Seller undertakes to sell, transfer to the Buyer’s ownership the Goods available to the Seller on the date of shipment on the basis of the Buyer’s Order, under the terms and in the manner specified in this offer (offer) to conclude a contract for the sale of goods, and the Buyer undertakes to receive such Goods and pay its value in accordance with the terms of the Agreement.
3.2. The Seller undertakes to deliver only the Goods available on the date of shipment. In case of absence of the ordered Goods on the date of shipment, the Seller has the right not to fulfill the order in terms of such Goods, or, with the consent of the Buyer, to replace it with a similar one. The Buyer may agree to replace the missing Goods with similar ones by telephone at the Seller’s initiative or in any other way specified by the Buyer.
3.3 The Seller warrants that the Goods are not pledged, are not in dispute, are not under arrest and are not subject to the rights of third parties.
3.4. The Seller confirms that he has all the necessary permits for carrying out economic activities provided for by the legislation governing the scope of legal relations arising and operating in the course of the contract, and also guarantees that he has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine and undertakes to bear responsibility in case of violation of the Buyer’s rights in the course of the contract and the sale of the goods.
3.5. The Buyer has the right to make payment in both non-cash and cash forms, in accordance with the norms of the current legislation of Ukraine.
3.6. The Buyer accepts the terms of this offer (offer) and concludes the Agreement at the time of placing the Order by clicking on the “Order” button through the shop.klassmarket.ua Service or in another way, which means the Buyer’s confirmation of familiarization with the text of this offer (offer) and agreement with its terms.
3.7. The Buyer has the right to independently apply to the point of delivery of the Goods from the Seller in order to receive and pay for the Goods, or to authorize another person to perform such actions, in accordance with section 6 of this offer.
4. Ordering procedure
4.1 Before placing an Order, an individual is obliged to register on the halfahalf.pet service, familiarize himself with this offer (offer) to conclude a contract for the sale of goods. After doing so, the individual becomes the Buyer.
4.2 Registered Buyers can place an Order for the Goods on the halfahalf.pet service.
4.3. The Buyer independently places an Order through the halfahalf.pet service by adding the selected Goods to the “Cart” by clicking the “Add to Cart” button or in another way and confirming acceptance of this Offer (offer).
4.4. The Buyer has the right to independently add or remove the Goods from the “Cart” until the “Order Confirmation” button is clicked.
4.5. After clicking the “Order Confirmation” button, it is considered that the Order has been placed, and the Buyer is waiting for its delivery, and is ready and willing to pay for the Goods.
5. Price and payment procedure
5.1. The goods are sold at prices established on the date of the Order made in accordance with clause 4.5. of this offer.
5.2. The current prices for each Product on the date of the Order are indicated on the halfahalf.pet service. If the Goods are received by the Buyer not on the day of the Order, the prices for the Goods cannot be changed by the Seller unilaterally, with the exception of the prices for the Goods for which restrictions may be imposed in accordance with the norms of the current legislation of Ukraine on the day of shipment.
If the Buyer has paid for the Goods by bank transfer, the price of the Goods shall not be subject to change regardless of the date of delivery.
5.3. The cost of the Goods by weight is calculated based on the ordered quantity of the Goods at the price of one kilogram for such Goods.
5.4. The cost of packaging materials (balls) is not included in the price of the Goods and is subject to additional payment by the Buyers together with the payment for the Goods. The amount of necessary packaging materials shall be determined by the Seller independently, taking into account the ordered range of Goods, product neighborhood, etc. The Buyer undertakes to accept and pay for the cost of packaging materials simultaneously with the Goods at the prices in force on the date of shipment.
If the Buyer has paid for the Goods by bank transfer, he shall not pay for the packaging materials, and they shall be transferred to the Buyer at the expense of the Seller.
5.5. The total cost of the Goods sold to the Buyer shall be indicated in the settlement and (or) shipping documents provided by the Seller to the Buyer (or his Representative) upon receipt of the Goods, subject to clause 3.1 hereof. The documents specified in this clause are integral parts of this Agreement.
5.6 The price of the Agreement is equal to the sum of the cost of all purchased Goods (and packaging materials, if necessary). The amount of the order may vary depending on the price, quantity or range of the Goods available from the Seller on the date of shipment, taking into account clause 5.2. of this offer.
5.7. The Buyer is obliged to accept and pay for the Goods at the time of receipt or by transferring funds to the Seller’s current account after placing the Order. The Buyer is obliged to pay for the delivery of the goods by the Seller according to the prices specified by the Seller.
5.8. The price of the Goods indicated on the halfahalf.pet service may be changed unilaterally by the Seller. This rule does not apply to Orders that have been placed in accordance with clause 4.5. of this offer.
5.9. All discounts and PROMOTIONS valid for the Seller on the date of shipment apply to all Buyers who order the Goods through the service halfahalf.pet
6. The procedure for acceptance and transfer of the Goods. Terms of return
6.1 The Buyer has the right to purchase the Goods posted on the halfahalf.pet service and available from the Seller as of the date of shipment.
6.2. The Buyer is obliged to receive the Goods from the Seller selected when ordering the Goods within the time limits selected when placing the Order. The Buyer has the opportunity to either independently apply to the point of delivery of the Goods from the Seller in order to receive and pay for the Goods, or to authorize another person to perform such actions, including by concluding a Representative Agreement by accepting the terms of the public offer to conclude a Representative Agreement, which is available at shop.klassmarket.ua (in this case, the fact that the Buyer accepts the terms of the Public Offer to conclude a Representative Agreement when placing an Order will be confirmed by the fact of acceptance by the Buyer of the terms of the Public Offer to conclude a Representative Agreement).
6.3. The Buyer is obliged to receive the Goods from the Seller (Attorney) within the time limits specified in the order and pay for it the full amount specified in such order, including the cost of delivery, if necessary.
6.4. Terms of return of the Goods:
6.4.1 Non-food products without quality claims may be returned within 14 days from the date of purchase if the product: has not been used; is returned: in its original packaging, complete, with intact seals, with protective films and consumables (if included), in the same condition as it was purchased, and must be accompanied by the original receipt to the address indicated in the fiscal document.
High-quality non-food products that are not covered by the warranty period may be returned to the Buyer within 14 days from the date of purchase, provided that all necessary documents are provided, the completeness of the products, seals, packaging and integrity of the goods are preserved.
6.4.2. List of goods of good quality that are not subject to exchange in accordance with the legislation of Ukraine.
7. Rights and obligations of the Seller
7.1. The Seller has the right:
7.1.1.Independently and unilaterally change the prices for the Goods (except for those that were placed in the Order by the Buyer, with the exception of clause 5.2. of this offer), the range of Goods available from the Seller on the date of shipment.
7.1.2. Unilaterally change the order, including fully or partially refuse to fulfill the Order, in case of absence of the Goods from the Seller as of the date of shipment;
7.1.3. At its discretion, the Seller has the right to involve third parties in the delivery of the Goods to the Buyer;
7.2. The Seller is obliged to:
7.2.1. Ensure and guarantee that the quality of the Goods meets the quality requirements on the territory of Ukraine.
7.2.2. Provide direct, simple, stable access of an indefinite number of persons to commercial electronic messages and offers;
7.2.3. Ensure full compliance of the subject matter of the electronic contract agreed by the parties with the quantitative and qualitative characteristics;
7.2.4. Have the appropriate permits and (or) licenses, information on which is placed in the relevant registers maintained by licensing and permitting authorities, if necessary.
7.2.5. In case the Buyer places an Order and the Seller does not have the Goods, the Seller is obliged to change the goods to another, only with the consent of the Buyer.
8. Rights and obligations of the Buyer
8.1. The Buyer has the right to:
Order the Goods for delivery within the territory of Ukraine
Refuse to accept the Goods in case of inconsistency of its characteristics with the previously ordered goods.
To exercise other rights in accordance with the provisions of the current legislation of Ukraine.
8.2. The Buyer is obliged to:
Provide the Seller with accurate, truthful and correct information, including when registering on the halfahalf.pet Service for the Seller to identify the Buyer’s age.
Pay for the Goods, pay for packaging materials in accordance with the settlement and shipping documents at the price specified in them (if necessary).
9. Responsibility of the parties
9.1. 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 halfahalf.pet service and purchased from the Seller.
9.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false or misleading information.
9.3. 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.
9.4. 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 such force majeure circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, changes in customs regulations, import and export restrictions, and other circumstances that may be interpreted as force majeure under the laws of Ukraine, which arose independently 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 and provide documents confirming the existence of such circumstances issued by the authorized bodies, if necessary. If the circumstances falling under the concept of force majeure are adopted at the legislative level, documents confirming the existence of such circumstances are not required.
10. Responsibility of the parties
10.1. The Agreement is considered concluded from the moment the Buyer places and confirms the Order on the halfahalf.pet service and is valid until the Buyer accepts and fully pays for the Goods.
10.2. Unilateral changes to the terms of this Agreement are not allowed, except for changes in the price and range of goods, etc. by the Seller, as specified in this Agreement.
11. Information messages
11.1. By registering on the halfahalf.pet service, the Buyer agrees to the Seller to receive communications from the Seller and its partners acting on the basis of an agreement with the Seller, using short message services (SMS) and e-mail, and other communications in accordance with subpara. “c” of clause 1.6. of this Agreement.
12. Rules for the use of materials posted on the service
12.1. The halfahalf.pet service contains materials, trademarks, trade names and other materials protected by law, including, but not limited to, texts, photographs, graphic images, music and sound works.
12.2 All content on the halfahalf.pet service is protected by the laws of Ukraine.
12.3. The buyer has no right to use the materials posted on the halfahalf.pet service, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products, etc.
13. Other terms and conditions
13.1. The contract for the sale of goods concluded in accordance with this offer shall be deemed to be concluded on the territory of Ukraine and shall be governed by the laws of Ukraine.
13.2. The contract for the sale of goods concluded in accordance with this offer shall enter into force from the moment of execution and confirmation of the Order and shall be valid until the parties’ obligations under it are fully fulfilled in accordance with this agreement.
13.3 The invalidity of any clause or part of the agreement concluded in accordance with this offer does not lead to the invalidity of the agreement as a whole.
13.4. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute, the Buyer or the Seller may apply to the judicial authorities in accordance with the current legislation.
13.4. The Seller has the right to make changes to the text of this offer at its sole discretion at any time and without prior notice to the Buyers. The current (valid) version of the offer is always available on the service halfahalf.pet.
13.5. The absence of a hard copy of the agreement concluded in accordance with this offer signed by the Seller and the Buyer with the signatures of the parties shall not be grounds for recognizing this agreement as not concluded. Confirmation of the order on the halfahalf.pet service in accordance with the Order made by the Buyer on the halfahalf.pet service is considered the Buyer’s acceptance (in accordance with Art. 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment when the contract of sale of goods comes into force.
13.6. If the Buyer has any claims/suggestions, he/she may contact the Buyer by phone: +380800216434 and (or) at the address: 27-A Syretska Street, Kyiv, 04073, Ukraine.