Acerca de
Public Offer
AGREEMENT OF PUBLIC PROTECTION
to buy and sell goods at a distance through the Internet
the city of Kiev 2022 year
This Agreement is a public contract between
or an individual entrepreneur (FOP) Brui Iryna Oleksandrivna (Internet shop https://https://www.dermacolla.com.ua//) (next - the Seller), acting on the basis of an extract from the Unified State Register of Legal Entities and Individuals-Signers Record number 2 067 000 0000 176725 dated 02.10.2019
and any natural or legal person, user of the services of the online store .DERMACOLLAwhich completely and unconditionally accepts the terms of this Contract of a public offer in accordance with Articles 633 and 634 of the Civil Code of Ukraine and expressed the acceptance of this offer, in accordance with the terms of this Agreement (hereinafter text - Buyer), which envisages all essential conditions for the organization of sale and sale in a remote way (ie through the Internet store).
This agreement has the character of a public offer, is equivalent to an "oral agreement" and, in accordance with the current legislation of Ukraine, has the proper legal force.
1. Terms and definitions
1.1 "Online store https://www.dermacolla.com.ua//" - DERMACOLLA website, intended for conclusion of retail and wholesale sales contracts on the basis of familiarization of the Buyer with the description offered by Seller Goods on the photos, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods - a remote means of selling the goods.
1.2. "Contract of a public offer" - a public contract, the model of which is placed on the website https://www.dermacolla.com.ua/ and the use of which is binding on all Sellers, containing the Seller's proposal for the purchase of the Goods, the image of which is posted on the Website https://www.dermacolla.com.ua/, directed to an uncertain stake of people, including Buyers.
1.3. "Product" - a list of the names of the range of products, presented in the online store https://www.dermacolla.com.ua/.
1.4. "Order" within the framework of this Agreement is the list of Goods, their quantity, delivery method and other services of the Internet store https://.dermacolla.com.ua/ with the name of the Buyer and its contact information, determined by the Buyer with the help of the Trash.
1.5. "Categories" - information about products posted on the Internet store https://www.dermacolla.com.ua/.
1.6. "Checkout Order" - Buyer's decision to purchase the goods, made at the online store https://www.dermacolla.com.ua/.
1.7. "Personal data" means information that directly or indirectly relates to a particular person or person who is identified.
1.8. "Personal Account" means the space on the Website https://www.dermacolla.com.ua/, accessed by the Buyer, which reflects his personal information and the history of the Orders placed there.
1.9. "Legislation" - the norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Treaty.
1.10. "Significant Deficiency of the Goods" is a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, it arose from the fault of the Manufacturer, after its elimination, manifests itself again from the reasons independent of the consumer.
1.11. "Buyer" means any active physical, legal entity, sole proprietor, both resident and non-resident, in accordance with current international and Ukrainian legislation, who visited the website https:/www.dermacolla.com.ua/ and intend to purchase that or other Product.
1.12. DERMACOLLAis a name of the Product Manufacturer.
1.13. The seller acts as the Product Manufacturer.
1.14. "Export (Export of Goods)" means the sale of goods by Ukrainian subjects of foreign economic activity to foreign economic entities (including those with non-monetary payments) with or without export of these goods through the customs border of Ukraine, including the re-export of goods.
1.15. "Company-carrier" - an enterprise which carries out delivery of the Order from the Seller to the Buyer and carries out its activity on the basis of the corresponding licensing and permission documents for delivery on the territory of Ukraine and / or beyond. Documentation of delivery is made on the basis of the requirements of the carrier company and legislation.
2. General provisions
2.1. This agreement is a public offer (in accordance with Articles 633, 641 and 63 of the Civil Code of Ukraine) and contains all the essential conditions for the sale and sale of goods in a remote manner, that is through an online store. Its conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual - entrepreneur, non-resident individual, non-resident legal entity). In full agreement with this Agreement, the Buyer accepts the terms and order of execution of the Order, payment of the Goods, delivery of the Goods and other terms of this agreement.
2.2. According to Art. 642 of the Civil Code of Ukraine, the complete and unconditional acceptance of the terms of a public contract, that is, a public offer of the Internet store https://www.dermacolla.com.ua/, is the fact of order execution by clicking on the "Make an order" link in the basket and pay the order in the amount of 100% under the terms of this Agreement .
The moment of full and unconditional acceptance by the Purchaser of the Seller's offer to conclude an offer of the offer (acceptance of the offer) is the fact of payment by the Buyer of the order under the terms of the Agreement. The terms of this Agreement govern the relationship between the Internet store https://www.dermacolla.com.ua and the Buyer and are regulated by the Law of Ukraine "On Consumer Rights Protection" No. 1023-XII of May 12, 1991, Rules of Retail Trade in Non-food Products, approved by the order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.
2.3. The public offer is also accepted upon registration of the Order by telephone, indicated on the website https://www.dermacolla.com.ua/., And / or at the time of registration of the Order through other social networks that I use in the Distributed Products of my own production of the Seller.
2.4. By concluding the Contract, the Buyer confirms that it is fully acquainted with and agrees with its terms, as well as if the Buyer is an individual, gives permission to process his personal data in order to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, certificates and other documents. The permission to process personal data is valid throughout the term of the Agreement. In addition, by concluding this Contract, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine "On Protection of Personal Data" about the purposes of data collection. The volume of the rights of the Buyer as a subject of personal data, in accordance with the Law of Ukraine "On Protection of Personal Data", is known and understood to him.
2.5. In order to regulate contractual legal relations under the Treaty, the parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, then the rules of the international agreement shall be applied.
2.6. All informational materials provided on the Internet store https://www.dermacolla.com.ua/ are informative and can not fully transmit reliable information about the properties and characteristics of the Goods, including colors, sizes and shapes. In case of occurrence in the Buyer of the questions concerning the properties and characteristics of the Goods, before the order is executed, the Buyer must contact the Vendor.
2.7. The Purchaser's registration of the Order and its subsequent transfer to execution means sufficient and complete acquaintance of the Buyer with the technical characteristics of the Product, its functional capabilities, with information on the terms of delivery and terms of guarantee service.
2.8. In the event of the absence of ordered Items in the Seller's warehouse, including for reasons beyond the control of the Seller, the Seller has the right to cancel the specified Goods from the Purchaser's Order and notify the Buyer thereof by way of the e-mail to the address specified at the registration of the Buyer.
In this case, the Buyer has the right to place a new order, taking into account the new opportunities and categories, having first agreed with the manager of the .DERMACOLLAonline store at https://www.dermacolla.com.ua/.
2.9. The order is deemed to be executed at the moment of the actual transfer of the Goods included in the Order to the Buyer through the representatives of the Carrier Company and the acceptance of the Goods by the Buyer at that moment, subject to the conditions of acceptance described in Sections 7 and 8 of this Agreement. Upon performance of the Order, the Seller's obligations to the Buyer are deemed to be fulfilled.
2.10. The ownership of the Goods passes from the Seller to the Buyer at the time of the transfer of the Goods. Confirmation of the transfer of ownership of the Goods is the signature of the Buyer in any document upon receipt of the Goods by the Buyer from the transport or courier company. The risks of loss or accidental damage to the Goods shall be borne by the Seller at the time of receipt of the Goods by the Buyer.
2.11. By accepting the terms of this Contract, the Buyer gives Seller the consent to the right to collect, store, use, distribute and receive Information provided by the Buyer in connection with the implementation of this Agreement:
2.11.1. Required to individuals and organizations to perform their functions or provide services to the Seller in accordance with the agreements concluded between such persons (organizations) and the Seller.
2.11.2. Needed in other cases in accordance with the requirements of Ukrainian legislation
3. Subject of the contract of sale of goods at a distance through the Internet
3.1. The seller undertakes to sell the Product on the basis of the Order made by the Buyer by ordering the Web site of the Internet store at the https: / / on the terms and conditions determined by this offer (offer) on the conclusion of the Contract of public sale of goods at a distance through the Internet, /.dermacolla.com.ua/ or otherwise, and the Buyer undertakes to purchase the Goods and pay the cost of the Order.
3.2. The seller warrants that the Goods are not pledged, are not in dispute, are under arrest and are not subject to the rights of third parties.
3.3. The Seller and the Buyer confirm that the contract of public offer concluded between them is not a fictitious, false agreement and an agreement under the influence of violence or deceit.
3.4. The seller confirms that he has all the necessary permits for the conduct of economic activity, provided by the law governing the sphere of legal relations that arise and is in force in the process of execution of the contract, and also guarantees that he has the right to sell the goods without any restrictions, in accordance with the requirements of the current the law and undertakes to bear responsibility in case of violation of the rights of the Buyer in the process of execution of the contract and sale of the goods.
3.5. The buyer accepts the terms of this offer (offer) at the time of order execution by clicking on the "Send Order" button on the website https://www.dermacolla.com.ua/ or otherwise, which means confirmation of the Buyer about the text of this offer (s) and agreement with its terms. The presence of any objections of the Buyer regarding the provision of his consent thus frees the Seller from any liability for not fulfilling the terms of this offer and grants the Seller the right to cancel the Order unilaterally.
3.6. The Seller has the right, without notice, to the Buyer to engage third parties to perform the duties entrusted to him under the Contract of Power of Attorney.
4. Rules for working with the Site
4.1. The buyer can view the contents of the Website https://www.dermacolla.com.ua/, execute the Order, and use its other services.
4.2. Registration is required for the Purchaser's access to personalized information and additional opportunities on the Website at https://www.dermacolla.com.ua/.
4.3. The buyer can register on the website https://www.dermacolla.com.ua/ in two ways. The first way is by using your social account on Facebook or Google Plus, Instagram. The second way is to go through the registration process. When registering, the Buyer enters the following data:
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Full Name
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Phone number
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Email address
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Address of the place of residence (residence)
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Password
4.4. The buyer undertakes to provide relevant, accurate and complete information about himself. The seller is not responsible for the accuracy and correctness of the information remaining by the Buyer at the registration and execution of the Order.
4.5. After registering on the Website at https://www.dermacolla.com.ua/, the Buyer is given access to the Personal Cabinet.
4.6. The buyer undertakes not to disclose to third parties the access options specified during the registration. In case of suspicion of unauthorized use of such parameters by the Buyer, the Buyer undertakes to immediately inform the Internet store https://www.dermacolla.com.ua/ by sending an email to info@.dermacolla.com.ua
4.7. The buyer is responsible for any actions taken on the website https://www.dermacolla.com.ua/ under his account and on his behalf.
4.8. The Internet store https://www.dermacolla.com.ua/has the right to refuse the Buyer's use of the services of the Internet shop https://www.dermacolla.com.ua/, if the latter will have reason to believe that the Buyer has specified incorrect data, as well as in case of unfair treatment (for example, violation of the terms of this agreement, etc.).
4.9. It is forbidden to use the website https://www.dermacolla.com.ua/ in illegal and prohibited activities. The buyers of the Internet store https://www.dermacolla.com.ua/ agree to abide by the laws of Ukraine and the rules of conduct adopted on the Internet, namely, but not limited to, the placing on the site of materials of an extremist, pornographic or other nature that affects and / or infringes on honor , dignity and / or business reputation of third parties and violate the generally accepted norms of morality, as well as place promotional information without the permission of the online store https://www.dermacolla.com.ua/.
5. Order of execution of the order.
5.1. The Buyer independently executes the Order on the relevant page of the Website https://www.dermacolla.com.ua/ by adding the Items to the virtual basket by clicking on the button "In the basket!", Or making the order by e-mail, or by the phone number specified in the contact section Website https://www.dermacolla.com.ua/
5.2. The term of the order is 30 working days from the moment of its registration. In the event that the order is sent on a weekend or a holiday, the period of formation begins from the first working day after the initial day.
5.3. The Order for Goods can be made by all Buyers, regardless of the registration, while necessarily specifying the data specified in clause 4.3. Orders are processed and delivered in the territory of Ukraine and beyond its borders after payment.
5.4. Payment is made by a specific Buyer upon ordering the site, otherwise, in accordance with the terms of this Agreement. Payment by cash or by payment is not available. Paymentis being converted in the national currency of Ukraine - UAH.
5.5 When preparing the Order, the Buyer may contact and consult the Website Manager at https://www.dermacolla.com.ua/ or by writing an e-mail to info@.dermacolla.com.ua
5.6. After completing the Order, the Seller sends Invoice to the Buyer by e-mail.
6. Price and order of payments.
6.1. The Buyer pays for the Goods sold by the Seller, and also undertakes to reimburse the actual costs of the Seller for the execution of the Purchaser's order, in accordance with the terms of this Contract and the Contract of Power of Attorney.
6.2. The Order Price is determined by adding the prices of all selected Items placed in the virtual basket and the delivery prices, which is determined depending on the mode of delivery in accordance with the terms of Section 7 of this Agreement, the services of the Internet shop of the Seller and the reimbursement of the actual expenses incurred by him for the commission of the Buyer, equal to the amount , which is payable and indicated on the Website at https://is being converted/ at the time of registration and at the time of placing the Order.
6.3. The price of each individual Product is determined by the Seller at its own discretion and indicated on the relevant page of the Website https://is being converted/.
6.4. The price of the contract is equal to the price of the order. The indicated amount may vary depending on the price, quantity, product range, additional services and / or change of delivery address.
6.5. The Purchaser can pay for the Order in the following ways:
6.5.1. by bank transfer of money to the current account of the Seller, indicated in the account, incl. with the help of Internet banking (Buyer pays an order within two days from the date of receipt of the account in the amount of 100% prepayment).
6.5.2. Credit card or debit card of the following type:
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Visa
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Mastercard
6.5.3. with electronic payment systems.
6.5.4. in any other way, in agreement with the Seller.
6.6. If the Purchaser pays the Order with a payment card, it is possible to charge an additional fee to the issuer of this card, in particular, when paying by the Purchaser of an order with a payment card, it is possible to charge an additional fee for the payment by the Purchaser of orders from territories other than Ukraine by issuers of Visa, Mastercard cards. By clicking on the page "https://www.dermacolla.com.ua/" in the relevant section of the button "ORDER" means that the Seller informed the Buyer about the possibility of charging an additional fee when paying by the Buyer from the territory of other countries than Ukraine.
6.7. The price of the order, the price of the contract and the price of the payment shall be established in Ukrainian hryvnias.
6.8. In case if upon payment made by the Buyer the currency of payment differs from the currency of the price, the conversion from one currency to another shall be carried out at the official NBU rate on the date of payment to the corresponding foreign currency.
6.9. The Buyer carries out 100% payment of the goods in accordance with the Order on the basis of the Seller's account, unless otherwise specified in the invoice for payment.
6.10. The order is considered paid from the moment of successful successful payment Order to the Seller's account through the chosen payment method at the time of execution of the Order. The fact of such payment indicates the consent of the Buyer to the terms of this Agreement
6.11. Delivery of the Order by the Seller is executed after the successful payment for the Order.
6.12. In the event of an incorrect indication of the price charged by the Purchaser of the Goods, the Seller shall inform the Buyer at the first opportunity of the confirmation or cancellation of the Order. In case of impossibility to contact the Buyer, this Order is considered canceled. If the Order has been paid, Seller will return to the Purchaser the amount paid for the Order by transferring it to the Buyer's account or in another acceptable manner.
6.13. The price of the Goods in the Internet shop https://is being converted/ may be changed by the Seller unilaterally. In this case, the price for Customers ordered by the Product is not subject to change.
6.14. Until the moment of crediting the Buyer's funds to the seller's account, the goods are not reserved. The Seller can not guarantee the availability of the Goods in the Seller's warehouse in the amount specified at the time of execution of the Order, as a result of which, the terms of processing the Order may increase. If the Seller needs to make a refund to the Buyer for repayment, the Buyer is obliged to inform the Seller of the bank account details, for which the Seller is obliged to transfer funds.
7. Terms of delivery of the goods.
7.1. The Buyer receives the Order by means of delivery by the Carrier Companies, or receives it personally. The order of payment and receipt is indicated on the relevant page of the website https://www.dermacolla.com.ua/.
7.2. Delivery of the Order is organized and paid to the Carrier Company by the Seller in accordance with the Purchaser's Order, involving the respective delivery service, unless otherwise provided by the Contract or applicable law.
7.3. When delivering the Order to the Carrier Companies, the Buyer fully and unconditionally agrees with the Rules of Carriage of the Company's Carriers.
7.4. When delivering an Order to another country, the Product is delivered on the terms of delivery of the DAP (delivery place specified in the Order) in accordance with Incoterms 2010.
7.5. The buyer must familiarize himself with the appearance of the delivered Goods, check the range of ordered and delivered Goods at the specified place of delivery.
7.6. The fact of receipt of the Order and the absence of claims to the quality of the Goods delivered by the Carriers, the Buyer confirms with his own signature in the consignment note, the declaration of the Company-carrier, in the expense invoice or in any other document provided by the Company-carrier upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the amount indicated and paid by the Buyer, in accordance with the Order of this Goods and in the proper (working) condition and quality.
7.7. The ownership of the Goods passes at the moment of actual receipt by the Purchaser of the product and confirmation by the signature of the Buyer in the document of the Company-carrier. Confirms the final delivery by the carrier company of the Status "Received" ("Delivered") on the website of the Carrier Company and / or receipt of the message by the Seller from the Carrier Company, received letters and messages from the Buyer by email and / or through other correspondence and interaction systems ( Facebook, Viber, Instagram and others).
7.8. In the absence of the Buyer at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Order for unreasonable reasons, upon delivery by the Carrier Company, the Goods return to the point of shipment. Payment for the services of the Carrier Company is deducted from the amount transferred by the Purchaser for the Order. The balance amount is returned to the Buyer on the basis of his letter sent by e-mail: info@dermacolla.com.ua indicating the current account for which the funds should be returned.
All questions that arose in the process of payment and receipt of the Order, the Buyer can find out by contact information in the Contacts section.
7.9. The total term of delivery of the Order consists of the term of the order processing, the time of manufacture of the Goods and the term of delivery. The order processing time is from one business day to five. The term of the Goods - from seven working days to thirty. Delivery methods are described in detail in the "Shipping Terms" document. The delivery time depends on the country and the address of the settlement and not more than 60 calendar days.
7.10 The cost of delivery in the online storehttps://www.dermacolla.com.ua/ depends on the country and the address of the place of delivery and on the current rates specified in the order of the carrier company.
7.11. When ordering wholesale batches terms and methods of delivery are agreed separately in each case.
7.12. The seller is not responsible for the delivery time of the Order, as it depends on the actions of third parties (Carriers Companies).
7.13. In the case of the Export of the Goods, the packaging and labeling of the Goods shall be in accordance with the standard export packing and marking procedures of the Vendor (in accordance with the terms of marking by the Companies carriers of export parcels (shipments)). The seller must place a clear mark on all packing areas, which must contain all the necessary indicators and data in accordance with the conditions of the Carrier Companies.
8. The procedure and conditions for the return of the Goods.
8.1. According to Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange the Goods of the proper quality within fourteen days, not counting the day of the transfer of property rights, if the longer term is not declared by the Seller. The buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the basis and list of Goods that are not subject to exchange (return).
8.2. If the Buyer intends to return the Goods, such return shall be made in accordance with the section of the Site "Return", taking into account the rules and conditions of the carrier company operating in the territory of Ukraine or in the territory of another country according to the place where the Goods were received.
8.3. The buyer has the right to refuse the received Product in poor quality after its inspection at the time of receipt of the goods. If the material defect of the Goods or the non-compliance of its properties with the characteristics stated in the instruction during the period of validity of the Goods are identified, the Buyer may contact the Seller with a complaint.
In case of deficiencies, the Buyer is obliged to register it in a signed act of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, flaws must be recorded by means of photo or video. Within 1 (one) day the Buyer is obliged to inform the manager (the representative of the Seller responsible for placing the order for the Product) about the defects found and agree on the replacement of the Goods, while filling out an application form for returning the Goods on the website https://www.dermacolla.com.ua/.
If you wish to return the purchased products, you must contact the administration of the online store by e-mail info@dermacolla.com.ua, indicating the reason, order number and contact details.
8.4. The Parties agreed that in case of non-observance of the mandatory requirements of the specified procedure, the receipt by the Purchaser of the Goods in the proper condition is recognized - without any mechanical damage and in complete completeness.
8.5. The Seller is obliged to replace or refund the value of the purchased Goods within 4 weeks after the Seller receives the Goods returned by the Buyer in accordance with the complaint and the manufacturer's confirmation of the non-compliance of the characteristics specified in the claim. The term of replacement does not take into account the delivery time.
8.6. Return of goods is carried out within 14 calendar days from the date of delivery under the following conditions: 1) preservation of the integrity of the goods and packaging, 2) the goods were not in use and have no traces of use.
8.7. Return of the goods is carried out at the expense of the Seller at returning the poor-quality Goods, in other cases, the return at the expense of the Buyer.
8.8. The seller is liable only within the value of the Goods declared in the claim. Loss of profit or loss resulting from the use of such Goods may not be the subject of a claim to the Seller.
9. Rights and obligations of the seller.
9.1. The seller must:
9.1.1. Provide true information about the Goods, prices for them, as well as the conditions of delivery of the Goods and its value.
9.1.2. To put the Product in accordance with the terms of the order.
9.1.3. To guarantee the conformity of Goods quality with the requirements of quality on the territory of Ukraine. At the request of the Buyer, provide a registration certificate or a certificate for the goods.
9.1.4. In case of change of delivery time, immediately inform the Buyer about the change of delivery terms. The Seller informs the Buyer by telephone or electronic communication. In case of impossibility to contact the Buyer in case of violation of the last clause 4.4 of this proposal for the conclusion of the Contract, the Seller shall not be liable to the Purchaser.
9.2. Seller has the right:
9.2.1. unilaterally terminate the operation of the Contract of a public offer in case of violation by the Buyer of the terms of this Contract of a public offer.
9.2.2. The seller is not liable, can not act as a defendant in court and does not indemnify the losses incurred by the Buyer due to the action or inaction of third parties.
10. Rights and obligations of the Buyer.
10.1 The buyer must:
10.1.1. To provide the Seller with reliable, truthful and correct information, including when registering at the online store https://www.dermacolla.com.ua/.
10.1.2. To pay the Goods, in accordance with the Orders, for the prices indicated in them.
10.1.3. Upon receipt of an order, carry out an external review of the integrity of the package, after which to open it and immediately verify the proper external condition of the Goods, the absence of mechanical damage and completeness of its completeness.
10.1.4. In case of complaints, demand from the representative of the delivery service to make the Act in an arbitrary form in 3 copies. The act must be signed by the Buyer and employee of the Company. If possible, flaws must be recorded by means of photo or video shooting.
10.1.5. In case of transfer by the Seller of the Goods in breach of the Contract quantity, assortment, completeness, packaging and (or) packing of the Goods, no later than the first day of the calendar, following the day of receipt of the Seller's notice of these violations. At the same time, the Product must be returned in commodity form with the preservation of consumer properties and all labels, seals, etc.
10.2 The buyer has the right:
10.2.1. Require a refund of the Goods in case the Seller can not fulfill the terms of the Order.
10.2.2. Make changes to the Order for payment.
10.2.3. Upon the transfer of the Goods, to cancel it, subject to reimbursement to the Seller of the transport costs incurred by the Seller in connection with the commission of actions for the execution of the Order.
11. Responsibility of the parties and resolving disputes.
11.1 The Parties shall be liable for the non-fulfillment or improper fulfillment of the terms and conditions of this Contract by the public offer in accordance with the procedure provided for in this Contract by the public offer and the current international and Ukrainian legislation.
11.2. In case of disputes related to the execution by the parties of this Contract of a public offer, with the exception of disputes regarding collection of debts from the Buyer, the parties undertake to resolve them by negotiation in compliance with the claim procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of receipt. In disputes relating to the collection of debts from the Buyer, compliance with the claim procedure is not required.
11.3. All disputes, disagreements or claims arising out of this Contract in the public offer or in connection with it, including those relating to its execution, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian material and procedural law. .
11.4. The Seller is not liable for any damage caused to the Buyer due to improper use of the Goods ordered on the website of the Internet store https://www.dermacolla.com.ua//.
11.5 The Seller is not responsible for improper, untimely execution of the Orders and their obligations in case of providing the Buyer with incorrect or false information.
12. Force majeure circumstances
12.1. The Parties shall not be liable for any non-fulfillment of their obligations, except for payment obligations, if they prove that such non-compliance was caused by force majeure, that is, events or circumstances that are in fact outside the control of such party, which came after the conclusion of this Treaty, are unpredictable and inevitable.
By force majeure, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and unannounced), rebellion, death of goods, delay of carriers caused by accidents or adverse weather conditions, danger and chance at sea, embargo, catastrophe, restrictions imposed by public authorities (including distribution, priorities, formal requirements, quotas and price control), if these circumstances directly influenced the fulfillment of this Contract of public offer.
12.2. A party for which it was impossible to fulfill obligations under this Contract through a force majeure event should immediately inform the other party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days to provide the other party with confirmation of the force- major circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of force majeure.
12.3. The time required by the parties to fulfill their obligations under this Contract of a public offer will be extended for any term during which the execution was postponed due to the circumstances listed above.
12.4 If, by virtue of the circumstances of the force majeure, the non-fulfillment of obligations under this Agreement of a public offer extends for more than three months, each party has the right to terminate this Contract of public offer unilaterally, in writing informing the other party.
Despite the onset of force majeure, before the termination of this Contract of a public offer as a result of force majeure, the parties make final settlements.
13. Confidentiality, personal data protection and informational messages
13.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending promotional messages, etc.).
13.2. Own acceptance of the Public Offer Agreement or registration on the website https://www.dermacolla.com.ua/ (filling in the registration form) The Buyer voluntarily agrees to collect and process his personal data for the following purpose: the data that becomes known will be used for commercial purposes , including for the processing of orders for the purchase of goods, receipt of information about the order, distribution by telecommunication means of communication (by e-mail, mobile communication) of advertising and special offers, information about promotions, paintings or ud other information about the activities of the Website https://www.dermacolla.com.ua/. For the purposes provided for by this clause, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as to send an sms-message, make calls to the telephone number indicated in the questionnaire.
13.3 The buyer gives the right to process his personal data, including: to put personal data in the database (without additional notice), to carry out life-long data storage, their accumulation, updating, change (as necessary). The Seller undertakes to provide data protection against unauthorized access of third parties, not to distribute or transfer data to any third party (except for the transmission of data to related parties, commercial partners, persons authorized by the Seller to perform direct processing of data for the specified purposes, and also on a mandatory request from a competent public authority).
13.4 In case of unwillingness to receive mail, the Buyer has the right to contact the Seller by writing an application for refusal to receive promotional materials by sending it to a postal or electronic address.
13.5 The seller is not responsible for the content and reliability of the information provided by the Buyer at the time of execution of the order. The buyer is responsible for the accuracy of the information specified in the ordering of the information.
14. Terms of use of materials posted on the website of the Internet storehttps://www.dermacolla.com.ua/
14.1. The website of the online store https://www.dermacolla.com.ua/ contains materials, trademarks, trade names and other materials protected by law, including, but not limited to, texts, photographs, graphic representations, musical and audio works.
14.2. All content of the Web site of the Internet store https://www.dermacolla.com.ua/ is protected by the legislation of Ukraine.
14.3 The buyer does not have the right to use the materials posted on the website of the online store https://www.dermacolla.com.ua// such as: make changes, publish, transfer to third parties, take part in sales or retreat, create derivative products, etc.
15. Other terms
15.1. The online store https://www.dermacolla.com.ua/ is created to organize a remote way of selling goods through the Internet.
15.2. Contracted under this offer, the public offer contract enters into force upon the date of the full payment of the Order.
15.3. Use of the Internet store's property https://www.dermacolla.com.ua/ for the viewing of the Goods, as well as for placing an order, is for the Buyer free of charge.
15.4. The nullity of any item or part of the Contract of a public offer made in accordance with this offer does not invalidate the Contract of the public offer as a whole.
15.5 In cases not covered by this Contract, the parties shall be guided by the current legislation of Ukraine. In the event that any provision of the Contract of the public offer is or becomes invalid, unlawful, loses legal force, this does not constitute grounds for the invalidation of the entire Contract of the public offer. In this case, the invalid provisions are replaced by new ones in accordance with the current legislation, which as closely as possible correspond to the content and objectives of the substitutable provisions.
15.6. All disputes arising between Buyer and Seller are resolved through negotiations. In case of failure to resolve the disputed issue, the Buyer or the Seller may apply for the resolution of the dispute to the judicial authorities in accordance with the applicable law.
15.7. The seller has the right to make changes to the text of this offer at his own discretion at any time and without prior notice to the Buyers. The current (effective) version of the proposal is always available on the website of the online store https://www.dermacolla.com.ua/.
15.8 The absence of a copy of the Contract made by the Seller and the Buyer signed in accordance with this offer on a paper carrier with the signatures of the parties, in case of realization by him of the actual payment by the Buyer, shall not be the basis for the recognition of this contract not concluded. Paying in accordance with the order made by the Buyer on the Web site of the Internet store https://www.dermacolla.com.ua/ is considered acceptance by the Buyer (in accordance with Article 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment of entry into force of the Contract of the public offer.
15.9 In the event of a claim, the Buyer must contact the Seller Support Service at the telephone number indicated on the Website or by e-mail indicated on the website of the online store https://www.dermacolla.com.ua/.
15.10 This Public offer is made in English and Ukrainian. In case of interpretation discrepancies, the English version has an advantage.
16. The term of this Agreement
16.1. This Public offer contract enters into force on the day the order is placed or registered at the Internet shop https://www.dermacolla.com.ua/ and operates until all conditions of the Contract of the public offer have been fulfilled.
16.2. The date of the public offer is the date of commencement of the term of the public offer contract.