Under this Agreement, one party, the Seller, on the one hand, and any person who accepts the terms of this Public Offer Agreement, the Buyer, on the other hand, hereinafter referred to together as the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude with Buyers contracts of sale of Goods, the photographs of which are posted in the relevant section of the Website http://b2b.babyveres.com/.
Sellers intending to sell Goods using the Website http://b2b.babyveres.com/ and Buyers when purchasing Goods, the images of which are posted on the respective pages of the Website http://b2b.babyveres.com/, accept the terms of this Agreement as follows.
1. GENERAL PROVISIONS1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking the "ORDER" button on the http://b2b.babyveres.com/page in the appropriate section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has accepted the terms of this Public Offer Agreement, which are listed below.
1.2. The Public Offer Agreement is public, which means that in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the terms and procedure for placing an order, payment, and delivery of goods by the Seller, as well as responsibility for fraudulent Orders and non-compliance with the terms of this Agreement.
1.3. This Agreement enters into force from the moment of clicking the "ORDER" button, by which the Buyer agrees to make a purchase of the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full payment to the Seller.
1.4. To regulate contractual legal relations under this Agreement, the Parties choose and, if necessary, apply Ukrainian law. If an international treaty, the consent to the binding force of which is granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, then the rules of the international treaty apply.
2. TERMS AND DEFINITIONS"Public Offer Agreement" - a public contract, a sample of which is posted on the Website http://b2b.babyveres.com/, and the application of which is mandatory for all Sellers, containing the Seller's proposal to purchase Goods, the images of which are posted on the Website http://b2b.babyveres.com/, aimed at an indefinite number of persons, including Buyers.
"Acceptance" - the Buyer's acceptance of the Seller's proposal to purchase Goods, the images of which are posted on the Website http://b2b.babyveres.com/, by adding them to the virtual shopping cart and submitting the Order.
"Goods" - the subject of trade (product, model, accessory, components and related items, any other items of trade), for the purchase of which the Seller's proposal is posted on the Website http://b2b.babyveres.com/.
"Buyer" - any capable individual, legal entity, individual entrepreneur, according to the current Ukrainian legislation, who visited the Website http://b2b.babyveres.com/ and intends to purchase one or another Good.
"Seller" - Individual Entrepreneur Mytsyk Serhii Mykolayovych (USREOU code 2910518358), who is a distributor of Goods and intends to sell them through the Website http://b2b.babyveres.com/.
"Order" - a properly executed and placed on the Website http://b2b.babyveres.com/ application of the Buyer for the purchase of Goods, addressed to the Seller.
"Legislation" - established norms of Ukrainian or international law for regulating contractual legal relations under the Agreement.
"Material Defect of the Goods" - a defect that makes it impossible or unacceptable to use the Goods for their intended purpose, arising from the fault of the manufacturer (Seller), after its elimination, it reappears for reasons independent of the consumer.
3. SUBJECT OF THE AGREEMENT3.1. The Seller undertakes, on the terms and in the manner determined by this Agreement, to sell the Goods based on the Order placed by the Buyer on the corresponding page of the Website http://b2b.babyveres.com/, and the Buyer undertakes, on the terms and in the manner determined by this Agreement, to purchase the Goods and pay for it.
3.2. The Seller guarantees that the Goods are not pledged, not subject to dispute, not under arrest, and there are no third-party rights to it.
3.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or simulated transaction or an agreement concluded under pressure or deception.
3.4. The Seller confirms that he has all the necessary permits for conducting economic activities, which regulate the legal relations arising and operating in the process of executing this Agreement, as well as guarantees that he has the right to manufacture and/or sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be responsible in case of violation of the Buyer's rights in the process of executing this Agreement and selling the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER4.1. The Seller shall:
- comply with the terms of this Agreement;
- fulfill the Buyer's orders upon receipt of payment from the Buyer;
- transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website http://b2b.babyveres.com/, specified in the Order and the terms of this Agreement;
- check the qualitative and quantitative characteristics of the Goods during its packaging at the warehouse;
- inform the buyer about the possible additional commission for payment of European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this Agreement.
4.2. The Seller has the right to:
- unilaterally suspend the provision of services under this Agreement in case of the Buyer's violation of the terms of this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE BUYER5.1. The Buyer shall:
- timely pay for and receive the order on the terms of this Agreement;
- familiarize themselves with the information about the Goods posted on the Website http://b2b.babyveres.com/;
- upon receipt of the Goods from the person who delivered it, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete set of the Goods - to record them in an act, which must be signed by the person who delivered it to the Buyer.
5.2. The Buyer has the right to:
- place an order on the respective page of the Website http://b2b.babyveres.com/;
- demand from the Seller the fulfillment of the terms of this Agreement;
- be informed about the possible additional commission for payment of European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6. ORDERING PROCEDURE6.1. The Buyer independently places an Order on the respective page of the Website http://b2b.babyveres.com/ by adding Goods to the virtual shopping cart by clicking the "Add to Cart" button, or by placing an order by email or by phone number specified in the contact section of the Website http://b2b.babyveres.com/.
6.2. The order processing time is up to 3 (three) business days from the date of its placement. If the Order is placed on a weekend or holiday, the processing time starts from the first business day after the weekend.
7. CONTRACT PRICE AND PAYMENT TERMS7.1. The price of each individual Good is determined by the Seller and is indicated on the respective page of the Website http://b2b.babyveres.com/. The contract price is determined by adding the prices of all selected Goods placed in the virtual shopping cart and the delivery price, which is determined depending on the delivery method in accordance with the terms of section 8 of this Agreement.
7.2. The cost of the Order may change depending on the price, quantity, or assortment of the Goods.
7.3. The Buyer can pay for the Order in the following ways:
- by bank transfer of money to the Seller's current account specified in the invoice, including via Internet banking (the Buyer pays for the Order within three days from the date of receiving the invoice in the amount of 100% prepayment).
- cash on delivery upon receipt of the Order at the delivery service representative's office in Ukraine.
- By credit card of the following types:
- Visa
- Visa Electron
- Mastercard
- Mastercard Electronic
- Maestro
- by any other method by agreement with the Seller.
- Note. When paying for the order with a payment card, the Buyer may be charged an additional commission by the issuer of this card, in particular when paying for European orders by the Buyer with Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. By clicking on the http://b2b.babyveres.com/ page in the corresponding section "ORDER" button means that the Seller has informed the Buyer about the possibility of charging an additional commission for the payment by the Buyer of European orders, by the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card.
8. TERMS OF GOODS DELIVERY8.1. The Buyer receives the Goods by delivery or collects them personally. The payment and receipt procedure is specified on the respective page of the Website http://b2b.babyveres.com/.
8.2. When delivering Goods to other cities of Ukraine or to the territory of another country, performed by other delivery services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these Carrier Companies.
8.3. The fact of receiving the Goods and the absence of claims regarding the quality of the Goods delivered by Carrier Companies is confirmed by the Buyer's signature in the bill of lading, the Carrier Company's declaration, or the delivery note upon receiving the Goods. The Seller, on their part, guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in accordance with the specifications of this Goods and in proper (working) condition and quality.
8.4. In case of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unjustified reasons, when delivered by the Carrier Company's courier, the Goods are returned to the trading center for shipment. Payment for the Carrier Company's services is deducted from the amount paid by the Buyer for the Goods. The remaining amount is returned to the Buyer upon their letter sent to the email:
shop@babyveres.com specifying the bank account to which the money should be returned. All questions that arise during the payment and receipt of the Goods can be clarified by the Buyer using the contact details in the Contacts section.
9. TERMS OF GOODS RETURN9.1. In accordance with Article 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange Goods of proper quality within fourteen days, excluding the day of purchase, if a longer period is not declared by the Seller. The Buyer has the right to exchange Goods taking into account the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return is made in accordance with the section of the Website "Exchange and Return" taking into account the rules and conditions of the carrier or courier operating in Ukraine.
9.3. In case of the presence of at least one of the listed defects, the Buyer is obliged to record it in an act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be documented by photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (the Seller's representative responsible for processing the order for the Goods) about the identified defects and agree on the replacement of the Goods.
9.4. The parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the receipt of the Goods by the Buyer in proper condition is considered - without any mechanical damage and in full completeness.
10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION10.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner provided by this Agreement and applicable international and Ukrainian legislation.
10.2. In case of disputes related to the performance of this Agreement by the Parties, except for disputes regarding the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations in accordance with the claims procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. Claims procedure compliance is not required for disputes related to the collection of debt from the Buyer.
10.3. All disputes, discrepancies, or claims arising from or in connection with this Agreement, including those concerning its performance, violation, termination, or invalidity, shall be resolved in the respective court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJEURE CIRCUMSTANCES11.1. The Parties shall not be liable for non-fulfillment of any of their obligations, except for payment obligations, if they prove that such non-fulfillment was caused by force majeure circumstances, i.e., events or circumstances beyond the control of such Party, which occurred after the conclusion of this Agreement and are of an unforeseen and unavoidable nature.
Force majeure circumstances include, among others, natural disasters, strikes, fires, floods, explosions, frost, wars (declared or undeclared), riots, loss of goods, carrier delays due to accidents or adverse weather conditions, perils and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including distribution, priorities, official requirements, quotas, and price controls), if these circumstances directly affect the performance of this Agreement.
11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of such circumstances, as well as within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation shall be a certificate or other relevant document issued by an authorized state authority located at the place of occurrence of force majeure circumstances.
11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended for any period during which the performance was delayed due to the above-mentioned circumstances.
11.4. If due to force majeure circumstances, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing. Despite the occurrence of force majeure, before terminating this Agreement due to force majeure circumstances, the Parties shall settle final mutual settlements.
12. OTHER TERMS OF THE AGREEMENT12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling their Order (sending a message to the Seller about the order of the Goods, sending promotional messages, etc.).
12.2. By accepting the Agreement or registering on the Website http://b2b.babyveres.com/ (filling out the registration form), the Buyer voluntarily consents to the collection and processing of their personal data for the following purposes: the data that becomes known will be used for commercial purposes, including processing orders for the purchase of goods, receiving order information, sending telecommunications messages (email, mobile communication) advertising and special offers, information about promotions, giveaways, or any other information about the activities of the Website http://b2b.babyveres.com/.
For the purposes provided for in this clause, the Buyer has the right to receive letters, messages, and materials at the postal address, email of the Buyer, as well as to receive SMS messages, make calls to the phone number indicated in the questionnaire.
12.3. The Buyer authorizes the processing of their personal data, including: placing personal data in databases (without additional notice), lifelong data storage, accumulation, updating, and modification (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for data transfer to related persons, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as upon the mandatory request of the competent state authority).
12.4. If the Buyer does not wish to receive mailings, they have the right to contact the Seller by writing a statement of refusal to receive advertising materials and sending it to the postal or email address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.