Public Offer
ORDER, PURCHASE, SALE AND DELIVERY OF GOODS
The contract is the official and public offer of the Seller to enter into a contract of sale of the Goods presented on www.ego-sum.com. This contract is public, in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without favoring one buyer over others. By entering into this Agreement, the buyer fully accepts its terms and conditions and the procedure for placing an order, paying for goods, delivering goods, returning goods, responsibility for an unscrupulous order and all other terms of the contract.
1. DEFINITION OF TERMS
1.1. Public offer (hereinafter - the "Offer") - the public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the sale of goods remotely with the Seller (hereinafter - the "Agreement") on the terms contained in this Offer.
1.2. The product is the object of the agreement of the parties, which was selected by the buyer on the website of the online store and placed in the basket, or already purchased by the buyer from the seller remotely.
1.3. Online store - the Seller's website at www.ego-sum.com is created for the conclusion of retail and wholesale sales contracts based on the Buyer's familiarization with the description of the Goods proposed by the Seller using the Internet.
1.4. The buyer is a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to the implementation of business activities, or a legal entity or an individual entrepreneur .
1.5. The seller is TM "EGO SUM", in the person of Arina Rodionivna Maistrenko, date and number of entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations: 04/18/2023, 20103500000000153584 (or any legal entity, legal entity , a natural person-entrepreneur who, in accordance with the norms of the current legislation, has the right to use the specified Trademark, to distribute the goods in any way).
1.6. Order – individual items from the assortment list of Goods, specified by the Buyer when placing an application on the Seller's website or ordered by any other remote method.
1.7. Delivery is the direct transfer of the Goods from the Seller to the Buyer by an independent contractor who provides services to the Seller in accordance with a separate contract.
2. GENERAL PROVISIONS
2.1. The terms of this Agreement establish the procedure for interaction between the ego-sum.com Internet store and the Buyers of the www.ego-sum.com Internet store - individuals and legal entities who placed orders using the "Basket" service located on the website www.ego-sum.com sum.com (hereinafter - the site).
2.2. This Agreement is concluded by way of full and unconditional acceptance (acceptance) by the Buyer of the offer to conclude the Agreement in its entirety, without signing a written copy of the Agreement by the Parties.
2.3. The moment of complete and unconditional acceptance by the Buyer of the Seller's offer to conclude an electronic contract for the purchase and sale of goods is considered the fact of payment by the Buyer of the order under the terms of this Agreement, within the terms and at the prices indicated on the Seller's Internet site.
2.4. This Agreement has legal force in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
2.5. The Seller and the Buyer provide mutual guarantees of their legal and legal capacity, necessary for the conclusion and execution of this Agreement.
2.6. By concluding this Agreement (that is, by accepting the terms of the offer by placing an Order), the Buyer confirms the following:
• The buyer is completely familiar with and agrees with the terms of this Agreement (offer).
• It gives permission for the collection, processing and transfer of personal data, which 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 has been notified (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", the purposes of data collection, as well as the fact that his personal data is transferred to the Seller for the purpose of being able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications from the Buyer, without changing the purpose of personal data processing. The extent of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him. By notifying the Seller of his phone number and e-mail, the Buyer consents to the use of the specified means of communication by the Seller, as well as by third parties involved in the fulfillment of obligations to the Buyer. The data can be used for the purpose of disseminating information about the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations to the Buyer within the framework of this Public Offer. Also, the data specified by the Buyer can be used for the distribution of promotions, news about promotions, discounts, as well as other actions of the Seller.
• By placing an order, the Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
2.7. This version of the Agreement is available on the website www.ego-sum.com.
2.8. The contract may be changed without prior notice to the Buyer.
2.9. The updated contract enters into force from the moment it is posted on the site (unless otherwise provided for in the updated contract).
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is the opportunity given to the Buyer to purchase the Goods presented in the online store catalog for personal needs not related to the implementation of business activities.
3.2. The seller ensures the availability of the Goods presented in the online store.
3.3. Photographs of the Product are illustrations thereof and the actual appearance of the Product may differ from them.
3.4. Accompanying Product descriptions and specifications are not exhaustive and may contain typographical inaccuracies.
3.5. In order to clarify information about this Product, the Buyer can contact the Seller at any time using the contacts indicated on the website.
4. PRICE OF GOODS
4.1. The price for each item of the Product is indicated on the website of the Internet store and includes all taxes provided for by Ukrainian legislation. The price of the Product is determined in euros and converted into the hryvnia equivalent according to the official rate of the National Bank of Ukraine on the date of the order.
4.2. The Seller has the right to unilaterally change the price of any item of the Product.
4.3. In the event of a price change for the ordered Product, the Seller undertakes to inform the Buyer about the change in the price of the Product.
4.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods, if the price has been changed by the Seller after placing the Order.
4.5. The Seller cannot change the price of the Goods paid by the Buyer.
4.6. The Seller indicates the cost of delivery of the Goods on the website of the online store or informs the Buyer when placing the order by the operator.
4.7. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment of receipt of funds to the Seller's account.
4.8. The price of the Product, which is indicated on the website of the online store, does not include the cost of delivery of the Product to the Buyer. The Buyer shall pay the cost of delivery of the Goods additionally in accordance with the current tariffs of delivery services (carriers). The cost of delivery is indicated on the website of the online store in the "Information" section.
4.9. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the online store in the "Information" section.
5. ORDER PROCESSING
5.1. The buyer has the right to place an order for any product presented on the website of the online store www.ego-sum.com. The order can be placed on the website of the online store, on Instagram - @egosum.brand and at the contact phone number indicated in the "Information" section.
5.2. When placing an order on the website of the online store, the Buyer undertakes to provide the following information:
5.2.1. surname, first name, patronymic of the Buyer or the person indicated by him (recipient);
5.2.2. the address to which the Goods should be delivered (if delivery to the Buyer's address);
5.2.3. email address;
5.2.4. contact phone
5.3. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer's basket on the Internet store website.
5.4. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
5.5. The Buyer bears full responsibility for providing inaccurate data, which made it impossible for the Seller to fulfill its obligations to the Buyer.
5.6. After placing the order, information about the order confirmation will be sent to the e-mail specified by the Buyer.
6. DELIVERY OF GOODS TO THE BUYER
6.1. The methods, order and terms of delivery of goods are indicated on the website in the "Information" section.
6.2. The delivery of goods is carried out by employees of the online store in accordance with the terms of delivery, or with the involvement of third parties (carrier).
6.3. When receiving the goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness) in the presence of a representative of the courier (courier service/carrier).
6.4. By accepting the Goods, the Buyer confirms with his signature on the goods receipt and/or the order for the delivery of the goods that he has no complaints about the quantity of the goods, appearance and completeness of the goods.
6.5. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment of receipt of the Goods by the Buyer at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or during the transfer of the Goods by the Seller to the delivery service (courier service/carrier) chosen by the Buyer.
7. EXCHANGE AND RETURN OF GOODS
7.1. Exchange and return of good quality goods:
7.1.1. The Buyer has the right to exchange and return to the Seller a non-food product of appropriate quality, if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The buyer has the right to return the goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of appropriate quality is carried out if it has not been used and if its appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods have been preserved. The list of goods that cannot be returned on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine, in particular, they include underwear, bodysuits, swimwear, nightgowns, pajamas, hosiery and socks.
7.1.2. When the Buyer returns the product of proper quality, the Online Store will return the money paid for the product upon the fact of returning the product, subject to deducting compensation for the Online Store's costs related to the delivery of the product to the Buyer.
7.1.3. The return to the Buyer of the cost of goods of appropriate quality is carried out within 10 (ten) banking days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements stipulated in clause 7.1. Agreement, current legislation of Ukraine. The cost of the product is subject to return in the same way by which the Buyer made the calculation for the returned Product.
7.1.4. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
7.2. Return of goods of inappropriate quality:
7.2.1. A product of inadequate quality means a product that cannot ensure the performance of its functional qualities. The difference in design elements, color or design from those stated in the description on the Site is not a sign of inadequate quality of the Product and/or the impossibility of its intended use.
7.2.2. After receiving the Order, claims regarding external defects of the Product, its quantity, completeness and product appearance are not accepted.
7.2.3. If the Buyer received Goods of inadequate quality, the Buyer has the right to demand the return of the paid funds in accordance with the Law of Ukraine "On the Protection of Consumer Rights".
7.2.4. In the event that defects in the Product are detected during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for by the Law of Ukraine "On the Protection of Consumer Rights". In the case of requests for free elimination of defects, the deadline for their elimination is calculated from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.
7.2.5. Consideration of the requirements stipulated by the Law of Ukraine "On the Protection of Consumer Rights" is carried out by the Seller on the condition that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
7.3. The buyer does not have the right to refuse a good quality product that has individually defined properties, if the specified product can be used exclusively by the buyer who purchased it (including, at the buyer's request, non-standard sizes, characteristics, appearance, equipment and other). The confirmation that the product has individually defined properties is the difference in product sizes and other characteristics specified in the online store.
7.4. The Seller is not responsible for the defects of the Goods that arose after their transfer to the Buyer due to the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties or force majeure circumstances.
7.5. The return of goods, in the cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Information" section.
8. CONFIDENTIALITY AND PROTECTION OF INFORMATION
8.1. The Buyer's personal data is processed in accordance with the Law of Ukraine "On the Protection of Personal Data".
8.2. Personal data is collected exclusively for the purpose of complying with the requirements that regulate legal relations in the field of accounting and tax accounting, advertising.
8.3. By providing his personal data during registration on the Site, the Buyer agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller.
8.4. The Seller has the right to send informational, including advertising, messages to the Buyer's e-mail and mobile phone. The buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal.
8.5. Service messages that inform the Buyer about the order and the stages of its processing cannot be rejected by the Buyer.
8.6. The seller has the right to use "Cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
8.7. The Seller is not responsible for the information provided by the Buyer on the website in a publicly available form.
8.8. The Seller has the right to record telephone conversations with the Buyer. At the same time, the Seller undertakes to: prevent attempts of unauthorized access to information received during telephone conversations and/or transfer to third parties that are not directly related to the execution of Orders, in accordance with the Law of Ukraine "On Information".
9. LIABILITY OF THE PARTIES
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this contract in the manner provided by this contract and the current legislation of Ukraine.
9.2. The seller is not responsible for:
• for a slight discrepancy in the color of the product, which may differ from the original product solely due to the different color transmission of personal computer monitors and telephone screens of individual models;
• for the content and reliability of the information provided by the Buyer when placing the order;
• for delays and interruptions in the provision of Services (order processing and product delivery),
which occur due to reasons beyond his control;• for unlawful illegal actions carried out by the Buyer using the provided access to the Internet;
• for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.
9.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or principles of morality.
9.4. In the event of force majeure, the parties are released from fulfilling the terms of this contract. Circumstances of force majeure for the purposes of this contract mean events of an extraordinary, unforeseeable nature that exclude or objectively interfere with the performance of this contract, the occurrence of which the Parties could not foresee and prevent by reasonable means.
10. COPYRIGHT
10.1. All text information and graphic images posted on the website of the Internet store (www.ego-sum.com) are the property of the Seller and / or his authorized persons, suppliers and manufacturers of the Goods.
10.2. The trademark "EGO SUM" is the property of the Seller and is protected in accordance with the Law of Ukraine "On Copyright and Related Rights" and other legislation of Ukraine.
11. OTHER TERMS
11.1. The Seller has the right to transfer his rights and obligations to the Buyers to third parties.
11.2. The Online Store and related services may be temporarily/partially or completely unavailable due to maintenance work or for other technical reasons. The Seller's technical service has the right to periodically carry out necessary preventive or other work without notifying the Buyers.
11.3. The provisions of the legislation of Ukraine apply to the relationship between the Buyer and the Seller.
11.4. In case of questions and complaints from the Buyer, he should contact the Seller using the contacts indicated on the website of the online store. The parties are obliged to try to resolve all disputes through negotiations. If the parties do not reach an agreement, the dispute will be referred to the court for consideration in accordance with the current legislation of Ukraine.
FOP Maistrenko Arina Rodionivna
IBAN
UA603220010000026003320072914
TIN/EDRPOU
3719107124
Joint-stock company
UNIVERSAL BANK
MFI
322001
EDRPOU of the Bank
21133352
Ukraine, 02099, Kyiv city, Veresneva street, building 4, apartment 33