VILNYI SAD
PUBLIC AGREEMENT (OFFER)
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This agreement is an official and public offer of the Seller to enter into a contract of sale of the Product presented on the site http://vilnyisad.com . This agreement is public, ie in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and all other terms of the contract. The contract is considered concluded from the moment of clicking the "Pay" button on the ordering page and receiving by the Buyer from the Seller confirmation of the order in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter - the "Offer") - a public offer of the Seller, addressed to an indefinite number of persons, to enter into an agreement with the Seller to buy and sell the Product remotely (hereinafter - the "Agreement") on the terms contained in this Offer.
1.2. Product, Subscription or Service - 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 cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online store - the Seller's website at http://vilnyisad.com created for the conclusion of contracts of retail and wholesale purchase and sale on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller by means of the Internet.
1.4. Buyer - an able-bodied individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for non-business purposes, or a legal entity or individual entrepreneur .
1.5. Seller - Sheshurak Iryna Yaroslavivna (identification code 3344309423), natural person entrepreneur, acting in accordance with the current legislation of Ukraine, whose location is: Lviv, st. Kubiyovych, bldg. 2
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Subscription and the Product to the Buyer every year, and the Buyer undertakes to pay for the Subscription and accept the Product under the terms of this Agreement each year.
2.2. This agreement regulates the purchase and sale in the online store, including:
• voluntary choice by the Buyer of goods in the online store by category;
• self-execution by the Buyer of the order on the website in the online store;
• payment by the Buyer of the order placed in the online store;
• execution and transfer of the order to the Buyer under the terms of this Agreement.
3. The order of registration of the order
3.1. The buyer places an order in the online store through the order form, or by placing an order by e-mail or by phone number specified in the contacts section of the online store.
3.2. The Seller establishes the following rules and methods of cooperation with the Buyer:
3.2.1. Purchase of the "Gardener" Subscription.
The Gardener's Subscription allows you to select any vacant plot in the garden for planting your chosen apple tree and to have all available apples on that tree during this Subscription. Subscription validity period is one calendar year. Selecting and confirming a Subscription means automatically withdrawing money from the user's card at the address specified by the user in the form of payment on the website. Frequency of withdrawals - once a year. After the first purchase of this Subscription, the online store reminds about the expiration of the Subscription period for 1 month by e-mail specified in the form of payment on the website vilnyisad . Upon receipt of the Seller's funds from the Buyer, the Seller must renew the Subscription, notify the Buyer and send the Product (apples and apple products) with the availability and consent of the Buyer within the time specified by the parties.
3.2.2. Purchase a "Guardian" Subscription.
The Guardian Subscription allows you to select any free tree in the garden and own all available apples on that tree during the term of this Subscription. Subscription validity period - one calendar year. Selecting and confirming a Subscription means automatically withdrawing money from the user's card at the address specified by the user in the form of payment on the website. Frequency of withdrawals - once a year. After the first purchase of this Subscription, the online store reminds about the expiration of the Subscription period for 1 month by e-mail specified in the form of payment on the website vilnyisad . After receiving the Seller's funds from the Buyer, the Seller must continue the Subscription, notify the Buyer and send the Product (apples and apple products) with the availability and consent of the Buyer within the time specified by the parties.
3.2.3. Purchase of "Rodich" Subscription.
The Rodich subscription allows you to choose any free tree in the garden and own all available apples on that tree during the term of this Subscription. Subscription validity is unlimited. Selecting and confirming a Subscription means automatically withdrawing money from the user's card at the address specified by the user in the form of payment on the website. Upon receipt of the Seller's funds from the Buyer, the Seller must notify the Buyer and send, with the availability and consent of the Buyer, the Product (apples and apple products) within the time specified by the parties.
3.3. The Seller has the right to refuse to accept the order to the Buyer if the information provided by the Buyer at the time of placing the order is incomplete or raises suspicions about their validity.
3.4 When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
a) the name of the tree;
a) name and surname of the Buyer;
b) email addresses;
c) contact phone.
3.5. If either Party needs additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when buying goods in the online store.
3.6. When placing an order by phone of the Seller (paragraph 3.1. Of this Offer), the Buyer undertakes to provide the information specified in 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is made by the Buyer entering the relevant data in the registration form on the website of the Online Store or when placing an Order by phone or email. After placing an Order by phone or email, information about the Buyer is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an order.
3.9. By concluding the Agreement, ie accepting the terms of this offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The buyer is fully and fully acquainted with and agrees to the terms of this offer (offer);
b) he gives permission for the collection, processing and transfer of personal data in more detail here
4. The cost and procedure for payment of the order
4.1. The cost of the Subscription and Services is determined by the Seller independently and specified on the website of the Online Store. All prices for Subscriptions and Services are listed on the site in UAH including VAT.
4.2. Prices for Subscriptions and Services may change unilaterally by the Seller depending on market conditions. In this case, the price of a separate Subscription, the cost of which is paid by the Buyer in full, may not be changed by the Seller unilaterally.
4.3. The Buyer shall pay no later than the date of payment of the Subscription, pay the order in the amount of 100% prepayment for the Subscription to extend the Subscription for the next calendar year by bank transfer to the current account of the Seller specified in the invoice, including using Internet banking.
4.4. Payment is made online with Visa and MasterCard payment cards
5. Delivery of the order
5.1. The Product is shipped to the Buyer once a month or twice a month during the August-December season (depending on the availability and harvest of apples) at the address stated by the Buyer, after receiving from the Buyer 100% payment under the terms of this Agreement. In case of change of the place of delivery of the Goods, the Buyer is obliged to notify the Seller in writing 10 calendar days before the planned date of delivery by e-mail mailto: vilnyisad@gmail.com
5.2. The Subscription Price indicated on the Online Store website does not include the cost of delivery of the Product to the Buyer's address.
5.3. Delivery of the Product (apples and apple products) is performed by the Seller at the expense of the Seller.
5.4. The cost of delivery of the goods will vary depending on the terms and conditions of delivery and can be specified in each case by the Seller by phone.
5.5. Delivery of the Product will take place by means of Nova Poshta, Ukrposhta or other type of delivery convenient for the Buyer
5.6. Ownership and the risk of accidental loss or damage to the Product passes to the Buyer or his Representative from the moment the Buyer receives the Product in the city of delivery of the Product in case of independent delivery of the Product from the Seller or during the Seller's transfer to the delivery service (carrier) selected by the Buyer.
6. Return of goods of proper quality
6.1. The Buyer is informed that the Goods purchased under this Agreement are food products and cannot be returned to the Seller in accordance with Annex №3 to the Resolution of the Cabinet of Ministers of Ukraine of 19.03.94 №172 "On implementation of certain provisions of the Law of Ukraine" On Consumer Protection " , included in the List of goods of proper quality, not subject to exchange (return) ".
7. Rights and obligations of the parties
7.1. The buyer must:
a) before concluding the Agreement to get acquainted with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store .;
b) place an order on the site yourself;
c) timely pay and receive orders from the Carrier under the terms of this agreement;
d) upon receipt of the goods from the carrier to make sure of its integrity and completeness by inspecting the contents of the package. In case of damage and incomplete equipment - to record them in the act, which together with the Buyer must be signed by the employee of the carrier.
e) notify of the early termination of the Seller's Option by sending an e-mail to mailto: vilnyisad@gmail.com or by contacting through the contact phone number listed on the site.
7.2. The buyer has the right to:
a) require the online store to comply with the terms of this agreement;
b) change the Product to a Product of another type, notifying the Seller in writing by e-mail mailto: vilnyisad@gmail.com no later than 20 calendar days before the next payment for the Product.
c) the buyer has the right to terminate the Option early. In case of early termination of the Option, the funds for the previously paid Option will not be refunded.
d) The Buyer has the right to refuse delivery of the Product, notifying the Seller in writing by e-mail mailto: vilnyisad@gmail.com or by calling the number listed on the site. In the absence of such notice, the Buyer is not entitled to refuse to receive the delivered Product, except as provided in this Agreement.
d) The Buyer has the right to terminate the Option early. The Seller, with the availability and consent of the Buyer, sends the Product (apples and apple products) within the time specified by the parties and thereafter the Option is automatically terminated, and the customer is notified that his Option has been terminated.
7.3. Online store must:
a) comply with the terms of this agreement;
b) transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
c) place on the site information about:
• product name;
• price and terms of payment;
d) in case of purchase of expired food by the Buyer, replace it with a food product that is fit for consumption;
c) the online store is not liable, can not act as a defendant in court and does not reimburse damages incurred by the Buyer due to the action or inaction of third parties.
7.4. Online store has the right to:
a) unilaterally suspend the provision of services under this Agreement in the event of breach by the Buyer of the terms of this Agreement.
b) change the terms of this Agreement, as well as prices for Options and Services, unilaterally, with prior publication on the website vilnyisad . All changes take effect from the moment of their publication.
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 the current legislation of Ukraine.
8.2. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Product purchased from the Seller.
8.3. The Seller is not responsible for improper, untimely execution of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
8.4. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.
8.5. The buyer is responsible for the accuracy of the information provided when ordering.
8.6. In case of force majeure, the parties are released from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
8.7. The party referring to force majeure must notify the other party in writing by e-mail within five calendar days of such circumstances.
8.8. If, due to force majeure, the non-performance of obligations under this Agreement lasts for more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
8.9. The Parties shall make every effort to resolve any differences solely through negotiations.
9. Other conditions
9.1. An online store is designed to organize a remote way of selling goods over the Internet.
9.2. Payment by the Buyer for the order placed in the Online Store means the Buyer's full consent to the terms of the Purchase Agreement (public offer of the Online Store) and is the date of the Purchase Agreement between the Seller and the Buyer.
9.3. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of the online store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.). More information here
10. Term of this agreement
10.1. This agreement comes into force from the date of ordering http://www.vilnyisad.com and is valid until the cancellation of the option by the Buyer or the Seller, but not before the Parties fulfill their obligations under this Agreement.
10.2. In the absence of a statement of one of the Parties to refuse or terminate the agreement one month before its expiration, the agreement is considered extended for the same period and under the same conditions as provided by this Agreement.
11. Details of the seller
Individual entrepreneur Sheshurak Irina Yaroslavivna
Place of registration: 79011, Lviv region, Lviv city, street Kubiyovych 2/2
TIN / USREOU 3344309423
IBAN UA723220010000026208302260408
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