Public contract

Public contract

This public offer to conclude a sales contract for goods between the Seller and the Consumer is executed by digital means and governed by the laws of [indicate the country]. 

 

I. DEFINITIONS

“Contract” — this public contract for the purchase and sale of goods, which is concluded in electronic form using information and communication systems between the Seller and the Consumer;

“Seller” (also “we” or other similar pronouns) — the party that transfers or undertakes to transfer the goods to the second party (Consumer), namely the [indicate the seller ID, company ID etc.], address: [indicate the address] , e-mail address: [indicate the address]; 

“Consumer” (also “you” or other similar pronouns) — any legal person, who uses the website and/or accepts or undertakes to accept goods from the Seller and pay a price for them;

“offer” — a public offer of the Seller to conclude a Contract addressed to an unlimited number of Consumers;

“acceptance” — full and unconditional acceptance by the Consumer of all terms of this Contract without exceptions, including its essential terms;

“order” — the Consumer’s application for the purchase of goods, properly executed and placed via the website, addressed to the Seller;

“website” — the website, available at [indicate the website address], on which the goods are displayed and/or sold;

“goods” — any tangible movable items which are displayed (offered) for sale by the Seller on the website.

 

I. SUBJECT MATTER

1. Under the terms of this Contract the Seller undertakes to sell the goods according to an order placed via the website by the Consumer, and the latter is obliged, under the terms and in the manner specified in this Contract, to buy the goods for a price stipulated in the order.

2. The Seller confirms that he has all the necessary permits for the implementation of economic activities that regulate the scope of legal relations arising and operating in the process of execution of this Contract, and also guarantees that he has the right to sell goods without any restrictions, in accordance with requirements of the current legislation of [indicate the country] and the European Union.

3. The Seller provides access to the website free of charge for every Customer to allow him/her to register, browse and order the goods, view processing orders, make comments and reviews regarding the goods, etc. 

4. The Seller does not guarantee that the website or any content on it will be always available or working uninterrupted and free from errors or omissions. The Seller will take all necessary actions to make the website available at any time for everyone.

5. Access to the website could be restricted, suspended, or withdrawn fully, or in part by the Seller at any time without any notice. The website could be updated or changed without any prior notice.

 

II. GOODS

1. All relevant information regarding the goods is present on the relevant website pages. Any additional information shall be provided on demand by the Customer via phone or e-mail.

2. The fulfillment of any orders placed via the website is subject to the availability of the ordered goods in stock and confirmation of the order payment.

3. Goods images on the website are for illustrative purposes only and may slightly differ from the actual goods by virtue of color, shade, shine, saturation, and matte. Due to differences in monitors colors of goods may also appear different from those of goods shown on the website.

 

III. ORDER PROCEDURE

1. The Contract is concluded by providing full and unconditional consent (acceptance) by the Customer to conclude the Contract in electronic form, without the need for the Parties to sign the Contract in electronic or written form.

2. Offer. On the pages of the website, the goods are displayed (their image, cost and description), which shall be considered as a public offer to conclude a Contract, addressed to an unlimited number of Customers and containing all the essential terms of the Contract.

3. The Customer has the right to review, correct and delete any information regarding the order before confirming it. To review, correct and delete any information regarding the order after its confirmation the Customer has to contact the Seller via email or a dedicated contact form on the website.

4. Acceptance. To accept the offer, the Customer has to:

4.1.1. click the “BUY” button on the page with the good, proceed to the checkout and fill in the “SUBMIT AN ORDER” form, in which, in particular, you must indicate your first name and surname, contact phone number, e-mail address, payment method and, if desired, indicate your patronymic name and the delivery address (in case the Customer wishes to receive the goods with delivery); and

4.1.2. read and accept the Contract terms; and

4.1.3. click the “SUBMIT AN ORDER” button.

4.2.1. Clicks the “Fast order” button on the page of the good and fill in the “Fast order” form, in which, in particular, you must indicate your name and contact phone number;

4.2.2. read and accept the Contract terms;

4.2.3. presses the “CHECKOUT” button.

4.3.1. read and accept the Contract terms; and

4.3.2. contact the Seller using the e-mail and/or a contact phone to submit an order in written (electronic) form and/or verbally.

5. The moment of acceptance of the offer. The moment of acceptance of the offer and conclusion of the Contract is:

5.1. the moment the Customer clicks the “SUBMIT AN ORDER” button on the website — when placing an order in accordance with clause 3.1. of this section; and/or

5.2. the moment the Customer clicks the “CHECKOUT” button on the website — when placing a “Fast order” in accordance with clause 3.2. of this section; and/or

5.3. the moment of receiving the order confirmation to the Customer’s e-mail and/or contact phone number from the Seller — in the case of ordering in a different method than provided for in clause 3.1. and 3.2. of this section.

6. Accepting the offer in accordance with clause 4 of this section, the Customer unequivocally certifies his full consent with all provisions of the Contract without any exceptions and confirms that he is familiar with all its conditions before the acceptance.

7. Withdrawal of an offer. The Seller reserves the right to cancel the Contract by electronic written notice to the Customer, without being liable for any damages or costs in relation to the Contract being canceled, in the following situations:

7.1. ordered goods are not available and/or not in stock;

7.2. the Customer information is not correct or cannot be verified;

7.3. the Customer payment is not received by the Seller within 5 (five) days after issuing an invoice for payment or received but not in full price of the order;

7.4. the Seller believes that the Customer is under the legal age (14 years old) for the purchase;

7.5. the Seller could not deliver the ordered goods to the delivery address.

8. If the Sales contract is canceled by the Seller, the latter shall reimburse all payments received from the Consumer not later than 21 (twenty-one) days from such cancellation.

9. Withdrawal of acceptance. The Consumer has the right to withdraw from the order and/or the Contract before making any payments or before the goods are shipped to the Customer.

 

IV. ORDER PROCESSING AND COMMUNICATIONS

1. Order processing period. The term of processing the order by the Seller is up to 5 (five) working days from the date of acceptance by the Customer. If the order for goods was sent by the Customer on a weekend or holiday, the term of order processing begins on the first working day after the weekend or holiday.

2. During the period established by clause 1 of this section, the Seller undertakes to:

2.1. confirm the availability of the product and assign a serial number to the order;

2.2. send to the e-mail address specified by the Customer in the order, information about the order, in particular, the list of ordered goods, their cost, estimated delivery cost and timeline (if the Customer ordered the goods with delivery) or in another way, in particular, by telephone, inform the Customer about accepting the order.

3. The Parties agreed that for the purpose of correspondence regarding the performance of the Contract, acceptance of claims regarding goods, the use of the Parties’ e-mail addresses and/or telephone (including the use of Viber, etc.) are appropriate methods of communication. Means of communication with the Seller are posted on the website and are available in the “CONTACTS” section.

5. The Customer who purchased the goods has the right to leave a review about it on the corresponding page of the website. The Customer understands and agrees that the reviews are public and available for viewing together with general information about the Customer (name, surname, date of publication of the review) to other website visitors.

6. The Seller reserves the right to edit and/or delete reviews of Customers that violate moral and ethical standards generally accepted in society and/or the laws of [indicate the country] and the European Union.

 

V. PAYMENT

1. The price of the goods is indicated on the website in Euro (EUR) per product unit. The price of the Contract is determined by adding the prices of all the selected goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of the Contract and the price list of delivery prices of the selected delivery service.

2. The price specified in the relevant section on the website for cashless payment by bank card, or the price specified in the corresponding message with information about the order sent by the Seller to the Customer, is the final price (excluding the delivery price).

3. Payment for the ordered goods is carried out in one of the following ways:

3.1. by transferring the appropriate amount of money to the Seller’s current account by the Customer in accordance with the bank details specified when placing the order;

3.2. by post-payment to the representative of the delivery service upon receipt of the goods;

3.3. by non-cash payment on the Seller’s website using a payment card; and/or in another way, the description of which is contained in the “DELIVERY AND PAYMENT” section.

4. The date of payment by the Customer of the price of the goods shall be considered the date of receipt of the corresponding amount of funds to the Seller’s current account or the transfer of funds by the delivery service — when the Customer receives the order with post-payment.

5. Before delivery of the goods to the Customer, the Seller’s employees, and/or the delivery service, and/or the third party that delivers the ordered goods on behalf of the Seller, has the right to require the Customer to provide a document confirming the fact of payment and a document establishing the Customer’s identity.

6. Failure by the Customer to fulfill his obligation to pay for the goods ordered by him is considered a unilateral refusal of the Customer from the Contract in full, which, accordingly, has the effect of Contract termination.

 

VI. DELIVERY OF GOODS

1. Delivery of all goods present on the website and ordered by the Consumer is subject to an additional charge.

2. Order delivery term. The Seller undertakes to deliver the goods to the Customer within an acceptable period, but no later than 30 (thirty) calendar days from the moment of order confirmation. Delivery is carried out under the conditions and by methods provided in the “DELIVERY AND PAYMENT” section. In the event of a delay in the delivery of the goods, the delivery period may be extended by 15 (fifteen) calendar days, provided that the Seller notifies the Customer in advance by sending a corresponding message to the Customer’s e-mail address or via the telephone number specified by the Customer. Such extension of terms is not a violation of obligations under the Contract.

3. Of any changes regarding delivery, the Customer will be informed at the Customer’s e-mail address or via the telephone number specified by the Customer.

 

VII. WARRANTY OBLIGATIONS

1. The Seller undertakes to provide Consumers with the warranty for some of the goods for the period indicated on the pages of the website. Legal guarantee for the defects presumed to have existed at the time of delivery shall be provided for the period stipulated under the Directive 1999/44/EC.

2. In the case of the warranty event (a lack of conformity of the goods to their description and these Contract), the Consumer shall be entitled:

2.1. to have the goods repaired, or

2.2. to have the goods replaced, or

2.3. to have an appropriate reduction made in the price or the goods, or

2.4. to cancel the Contract and reimburse the full price of the goods.

3. If the Customer decides to use the above-described rights, the latter bears any costs of the goods delivery.

4. The warranty event is not constituted if one of such present:

4.1. mechanical or other damage caused to the Goods by careless or improper use of the Customer or third persons;

4.2. an independent repair was made or the components of the product or its design were changed by the Customer;

4.3. natural wear and tear of parts or components of the goods;

4.4. damage caused to goods by exposure to liquids, chemicals, high humidity, aggressive environments;

4.5. damage caused to goods by natural disasters or natural phenomena.

5. If the Consumer is to use his/her right regarding the warranty, he/she shall inform the Seller of it by an electronic means via e-mail or a dedicated contact form on the website.

6. The Seller shall answer the Consumer with its statement regarding warranty obligations not later than 30 (thirty) days after the Consumer informing letter is received. If there is a warranty case the Seller is obliged to perform repair, replacement, reduction of price or reimbursement of full price taking into account the requirements of the Consumer within 60 (sixty) days since receipt of the Consumer’s informing letter or receipt of the faulty Goods, not including the delivery time.

7. If there is any additional information is needed from the Customer, the Seller shall contact the Customer.

8. The Seller might need to obtain the faulty or damaged Goods from the Customer to examine and replace, repair them or reimburse the full price for them. In such cases, all delivery costs shall be paid by the Customer.

9. You can read more about other warranty terms and obligations of the Seller in the “EXCHANGE AND REFUND” section.

 

VIII. RETURNS

1. The Consumer has the right to withdraw from the Contract within 14 (fourteen) days from the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods, or in case of multiple goods – acquires physical possession of the last good or last piece of such good (cooling off period).

2. The right of withdrawal after the delivery of goods is not provided in such cases:

2.1. the goods were modified or changed by the Customer;

2.2. the goods were damaged through the fault of the Customer;

2.3. the goods have been in use;

2.4. the goods are being returned after the cooling off period.

3. If the Consumer is to use his/her right to withdraw, he/she shall inform the Seller by an electronic means via email or dedicated contact form on the website. The exercise of the right of withdrawal shall terminate the Contract between the Seller and the Consumer.

4. Upon delivery, the Customer is obliged to inspect the packaging for damage and goods for completeness of them. If the Customer notices damage done to the packaging, he shall check the goods for damage.

5. If it appears that the goods are damaged or shipped incomplete, the Customer shall not accept the shipment and immediately inform the Seller of it by an electronic means via e-mail or a dedicated contact form on the website. 

6. If it appears that the goods are destroyed during the delivery the Customer shall immediately inform the Seller of it by an electronic means via e-mail or a dedicated contact form on the website.

7. If the Customer accepts the incomplete or damaged goods and does not have any relevant evidence (e.g. images, parcel damage report) that prove otherwise, the goods are deemed accepted complete or damaged through the fault or careless use of the Customer.

8. The Consumer shall send back the goods that were not in use with their original packaging in any event not later than 14 (fourteen) days from the day on which he/she has communicated his/her decision to withdraw from the Contract to the Seller.

9. The Seller shall reimburse all payments received from the Consumer not later than 21 (twenty one) days from the day on which the Seller is informed of the Consumer’s decision to withdraw from the Contract. The Seller may withhold the reimbursement until the goods are received back. The Seller does not reimburse the costs of delivery if such is present.

10. You can read more about the other conditions for returning goods in the “EXCHANGE AND REFUND” section.

 

IX. CONTRACT TERMINATION

1. The Customer has the right to terminate the Contract in the cases and within the terms established by the current legislation of [indicate the country], notifying the Seller thereof in the manner established by the Contract.

2. The notice of termination of the Contract is considered to be the Customer’s application for the return of funds paid for the goods, sent to the Seller by means of electronic or postal communication.

3. The Contract is considered terminated from the moment the Seller receives the application and executes the Customer’s settlement document for the return of funds paid for the goods.

4. The request for termination of the Contract is subject to satisfaction if the goods have not been consumed, their commercial form, consumer properties have been preserved and if there is evidence of the purchase of the goods (the appropriate settlement document of the prescribed form (receipt, commodity or cashier's check) confirming the purchase of the Goods, with with a note about the date of sale (date of transfer)) from the Seller.

5. Termination of the Contract by the Customer has the effect of returning the purchased (received) goods to the Seller in order.

 

X. INTELLECTUAL PROPERTY RIGHTS

1. All information, data and content of a graphic nature, any other subject matter recognized as intellectual property under any applicable laws available on our website is the property of Seller and its related entities and affiliates.

2. Customer may not copy, duplicate, print or circulate the information of this website without our prior written consent. 

3. Customer acknowledges and agrees that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our website or one of our social media accounts, regarding Seller or the goods (collectively, “Feedback”) that are provided by you, whether by emai