OFFER AGREEMENT
This Agreement is a public contract — a public offer
contract, that is, according to it, the conditions are uniform for all buyers,
regardless of their status. Upon full agreement with this Agreement, the buyer accepts
the terms of placing an order, paying for the goods, and delivering the goods.
This Agreement is an agreement between the Buyer and (online store
“https://candle-hm.com”) (hereinafter – the “Seller”) and
any legal entity, individual entrepreneur or natural person, user of the
services of the online store , hereinafter referred to as the “Buyer”
(hereinafter – the “Buyer”), which includes all essential conditions
for the organization of the purchase and sale remotely (i.e. through the
Internet store).
This contract is in the nature of a public offer, is the equivalent of
an “oral contract” and has due legal force in accordance with current
legislation.
1. Terms
1.1. This contract is a public offer and contains all essential
conditions for the organization of purchase and sale remotely, i.e. through an
online store.
1.2. In accordance with the full and unquestionable
acceptance of the terms of the public contract, that is, the public offer of
the online store, by clicking on the link “Make an order”, “Make
an order” or “Buy in 1 click” and pay for the order in the
amount of 100% under the terms of this contract.
1.3. Acceptance of a public offer is also carried out
upon registration of the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully
and completely acquainted with and agrees with its terms, and also, if the
Buyer is a natural person, gives permission for the processing of his personal
data for the purpose of the possibility of fulfilling the terms of this
Agreement, the possibility of making mutual settlements, as well as receiving
invoices , acts and other documents. The permission to process personal data is
valid for the entire term of the Agreement. In addition, by concluding this
Agreement, the Buyer confirms that he has been informed (without additional
notification) of the rights established by the Law “On the Protection of
Personal Data”, about the purposes of data collection. The extent of the
Buyer’s rights as a subject of personal data in accordance with the Law
“On the Protection of Personal Data” is known and understood by him.
2. Terms and
definitions
2.1.
“Internet store” – the website of the Seller
(“https://candle-hm.com”), created for the conclusion of retail and
wholesale sales contracts based on the Buyer’s familiarization with the
description of the Goods. on the photos offered by the Seller, using the
Internet, which excludes the possibility of direct acquaintance of the buyer
with the goods – a remote method of selling the goods.
2.2. “Product” – a list of assortment names
presented in the online store.
2.3. “Personal data” is any information that
directly or indirectly relates to a specific person or is personally
identifiable.
2.4. A significant defect of the product is a defect
that makes it impossible or impossible to use the product for its intended
purpose, was caused by the fault of the manufacturer (seller), after its
elimination, appears again for reasons independent of the consumer, and at the
same time is endowed with at least one of the following signs:
a) it cannot be removed at all;
b) it takes more than fourteen calendar days to
eliminate it;
c) makes the product significantly different from what is provided for
in the contract.
3. Subject of the contract
3.1. The online store undertakes to transfer ownership of the goods to
the Buyer, and the Buyer undertakes to accept and pay for the goods under the
terms of this contract.
3.2. This agreement regulates the purchase and sale in
the online store, including:
a) the Buyer’s voluntary choice of goods in the online
store by category;
b) independent placing of an order by the Buyer on the
website in the online store;
c) payment by the Buyer of the order placed in the
online store;
d) execution and transfer of the order to the ownership of the Buyer
under the terms of this contract.
4. Order registration
procedure
4.1. The buyer independently places an order online in
the online store or by phone using the contacts specified in the online store.
5. Price and payment procedure for the goods
5.1. The full price of the product is indicated on the pages of the
Seller’s online store.
5.2. Prices for Goods and services may change
depending on the market situation, which is reflected in the prices in the
online store. The Seller cannot change the price for a particular Buyer if he
has already accepted the Seller’s terms and made payment for the goods
(services) in accordance with the procedure established by this contract.
5.3. The Buyer pays for the order within 5 working days (in the amount
of 100% prepayment) by bank transfer to the Seller’s current account specified
in the invoice, incl. using Internet banking.
6. Order delivery
6.1. The shipment of the goods to the Buyer takes place after receiving
from the Buyer 100% payment on the issued invoice within 7 working days.
6.2. Delivery and return of goods is carried out by
the seller or a transport company (carrier) at the expense of the Buyer. The
total delivery time cannot exceed 14 days.
6.3. The cost of delivery to the online store is not
specified, as it depends on the current tariffs of the transport company
(carrier).
6.4. When ordering wholesale batches, the conditions
and methods of delivery are agreed separately in each specific case.
6.5. The seller is not responsible for the terms of
delivery of the order, as they depend on the actions of third parties
(carriers).
6.6. Payment of the delivery cost is made by the Buyer to the carrier
company independently, upon receipt of the goods. The exact cost of delivery is
determined by the carrier.
7. Return of goods of proper quality
7.1. The buyer has the right to exchange a good quality product for a
similar one from the seller from whom it was purchased, if the product does not
suit him in terms of shape, size, style, color, size or for other reasons.
cannot be used as intended under the following conditions:
a) the goods for exchange are provided to the Seller
within no more than fourteen days, excluding the day of purchase;
b) the product is subject to replacement if it has
never been used, does not contain traces of use and its appearance, consumer
properties, seals, labels, films, integrity of the packaging of both the
product itself and its accessories have been preserved. is not violated;
c) the product does not have scratches, chips,
abrasions, is fully functional;
d) the complete set of sold goods is kept;
e) replacement of goods can be carried out upon
presentation by the Buyer of the settlement document issued to the Buyer
together with the sold goods.
7.2. In the event that the goods do not meet the
conditions specified in paragraphs a) — e) of clause 7.1. The seller has the
right to refuse to exchange the goods.
7.3. Transport costs for the delivery of the Goods in
the case of exchange under clause 7.1. rely on the Buyer.
7.4. When exchanging a product, its warranty period is
recalculated on the day of the exchange.
7.5. If at the time of the exchange, a similar product is not available
for sale, the buyer has the right to either purchase any other product from the
available assortment with a corresponding recalculation of the cost, or
terminate the contract and receive the money back. the amount of the value of
the returned product, or exchange the product for a similar product at the
first arrival of the corresponding product for sale.
8. Rights and obligations
8.1. The buyer is obliged to:
a) familiarize yourself with the information about the
product, which is posted on the seller’s website;
b) place an order on the website yourself;
c) timely pay and receive orders from the Carrier
under the terms of this contract;
d) upon receiving the goods from the carrier, make
sure of its integrity and completeness by inspecting the contents of the
package. In case of detection of damage and incomplete equipment, record them
in the act, which must be signed by an employee of the carrier together with
the Buyer.
8.2. The buyer has the right to demand from the online
store the fulfillment of the terms of this contract.
8.3. The online store is obliged to:
a) comply with the terms of this agreement;
b) deliver the goods to the Buyer in accordance with
the selected sample placed in the online store, the completed order and the
terms of this contract;
c) The online store is not responsible, cannot act as
a defendant in court and does not compensate for damages caused to the Buyer by
the actions or inaction of third parties.
8.4. The online store has the right to:
a) unilaterally terminate the provision of services under this Agreement
in case of violation by the Buyer of the terms of this Agreement.
9. Procedure for receiving
goods by the Buyer
9.1. When receiving the Goods at the warehouse of the carrier, from the
courier or the seller, the buyer is obliged to check the external integrity of
the packaging, after which to open it and directly verify the proper external
condition of the Goods (absence of mechanical damage). ) and the fullness of
its fullness.
9.2. In case of presence of at least one of those
listed in clause 9.1. Defects of the contract, the Buyer is obliged to record
them in a written act of any form. The act must be signed by the Buyer and an
employee of the carrier or the Seller. Within 1 (one) day from the moment of
signing the Act, the Buyer is obliged to inform the manager (Seller’s representative
responsible for placing the order for the goods) about the detected defects and
agree on the replacement of the goods.
9.3. The parties have agreed that in case of failure
to comply with the mandatory requirements of the specified procedure, the Buyer
acknowledges receipt of the Goods in proper condition — without mechanical
damage and in complete completeness.
9.4. In case of discovery during the established
warranty period (expiry date) of significant defects that arose due to the
fault of the manufacturer of the goods (seller), or falsification of the goods,
confirmed by the conclusion of the examination, the Buyer, in the manner and
within the terms established by the warranty obligations of the manufacturer of
the Goods, taking into account of the terms of the contract-offer has the right
to demand from the seller at its own discretion:
9.4.1. termination of the contract and return of the
amount paid for the Goods;
9.4.2. replacement of the product with the same
product or with a similar product from among those available at the Seller.
9.5. In such a case, after confirmation by the Seller
of significant defects of the Goods and the Buyer’s declaration of will, the
paid funds are returned to the latter according to the specified details within
7 (seven) calendar days after the return of the goods. .
9.6. In the case of replacement of low-quality goods,
payment for the carrier’s services is made at the seller’s expense.
9.7. In any case, the return of the Product must be in
the original packaging in which the product was received, while preserving the
product appearance and consumer qualities.
9.8. All issues not regulated by this Contract-offer, related to the
order, terms of warranty repair or replacement of the Product when defects are
detected during the warranty (applicable) period, are regulated in accordance
with the warranty obligations defined by the manufacturer of the corresponding
product. The product, and in the event that the manufacturer has not
established such warranty obligations – in accordance with the current
legislation.
10. Obligations of the
parties
10.1. The parties are responsible for non-fulfillment or improper
fulfillment of the terms of this Agreement in the manner prescribed by this
Agreement and current legislation.
10.2. In the event of force majeure, the parties are
exempted from fulfilling the terms of this Agreement. Circumstances of force
majeure for the purposes of this Agreement mean events of an extraordinary,
unavoidable, unforeseeable nature that exclude or objectively prevent the
performance of this Agreement, the occurrence of which the Parties could not
foresee and prevent with reasonable measures.
10.3. The party invoking force majeure must notify the
other party in writing of the occurrence of such circumstances by e-mail within
five calendar days.
10.4. If, as a result of force majeure,
non-fulfillment of obligations under this Agreement continues for more than
five months, each of the Parties has the right to unilaterally terminate this
Agreement by notifying the other party in writing.
10.5. The parties will make every effort to resolve any differences
exclusively through negotiations.
11. Different
11.1. The online store reserves the
right to unilaterally make changes to this Agreement with prior publication on
the website “https://candle-hm.com”.
11.2. Internet — the store was created to organize a
remote method of selling goods via the Internet.
11.3. The online store is not responsible for the
content and authenticity of the information provided by the Buyer when placing
an order.
11.4. The buyer is responsible for the accuracy of the
information specified when placing the order.
11.5. Payment by the Buyer of the order made in the
online store means the Buyer’s full agreement with the terms of the Purchase
Agreement (public offer of the Online store) and is the date of conclusion of
the Purchase Agreement between the Seller and the Buyer.
11.6. Using the online store resource to view the
product, as well as place an order, is free of charge for the Buyer.
11.7. Information provided by the Buyer is
confidential. The online store uses information about the Buyer exclusively for
the purpose of functioning of the online store (notifying the Buyer about order
fulfillment, sending advertising messages, etc.).
11.8. By accepting the Agreement or registering on the
website “https://candle-hm.com” (by filling out the registration
form), the Buyer voluntarily consents to the collection and processing of his
personal data in the registered database of the Seller “Counterparties”.
” with the following purpose: data that became known to be used by the seller
for commercial purposes, including for processing orders for the purchase of
goods, obtaining information about the order, transmission by means of telecommunications
(e-mail, mobile communication) advertising . and special offers, information
about promotions, sweepstakes or any other information about store activities.
For the purposes provided for in this clause, the Seller has the right to send
letters, messages and materials to the Buyer’s postal address, e-mail, as well
as send sms messages, make calls to the number specified in the application
form.
11.9. The Buyer grants the Seller the right to process
his personal data, including: to place personal data in the Buyer’s databases
(without additional notice to the Participant), to carry out lifelong data
storage, their accumulation, updating, change (if necessary). . The buyer
undertakes to protect data from unauthorized access by third parties, not to
distribute and not to transfer data of any third parties (with the exception of
transferring data to related parties, business partners, persons authorized by
the Seller to directly process data for the specified purposes, and also at the
mandatory request of the competent state body).
11.10. In case of unwillingness to receive the newsletter, the Buyer has
the right to contact the Seller by writing a statement of refusal to receive
advertising materials, sending it to the postal or e-mail address.
12. Term of validity of this contract
12.1. This contract enters into force from the day of
placing an order or registration in the online store
“https://candle-hm.com” and is valid until the moment of fulfillment
of all terms of the contract) placing and transfer of ownership of the order. Buyer under the terms of this contract.