Terms of Offer

PUBLIC AGREEMENT (OFFER)
to order, purchase, sale and delivery of goods
 
This agreement is official and the Seller’s public offer to conclude a purchase and sale agreement for the Goods presented on the website https://somastore.com.ua. This agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, it conditions are the same for all buyers regardless of their status (individual, legal entity, individual person-entrepreneur) without favoring one buyer over another. By concluding this Agreement, the buyer in fully accepts the terms and procedure for placing an order, paying for goods, delivering goods, returning goods, liability for dishonest orders and all other terms of the contract. The contract is considered concluded from the moment clicking the “Confirm Order” button on the ordering page in the “Cart” Section and receipt by the Buyer of the order confirmation in electronic form from the Seller.

1. Definition terms
1.1. Public offer (hereinafter referred to as the “Offer”) - a public offer of the Seller addressed to to an indefinite number of persons, enter into a remote purchase and sale agreement with the Seller (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.
1.2. Goods or Service – the object of agreement between the parties, which has been chosen by the buyer on the website of the online store and placed in the cart, or has already been purchased by the Buyer from the Seller remotely way.
1.3. Online store - the Seller’s website at https://somastore.com.ua was created for the conclusion contracts for retail and wholesale purchase and sale based on the Buyer’s familiarization with the description proposed by the Seller Products via the Internet.
1.4. The buyer is a legally capable individual 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 business activities, or a legal entity or individual person-entrepreneur.
1.5. Seller – Fop Sergienko Diana Volodymyrivna (EDRPOU/TIN: 2901300769)

2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and The Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. Date of conclusion of the offer agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is considered the date the Buyer fills out the order form posted on the website of the online store, subject to the Buyer receiving from Seller's order confirmation electronically. If necessary, at the request of the Buyer, the Agreement may be in writing.
 
3. Placing an Order

3.1. The buyer independently arranges ordering in the online store through the “Cart” form, or by placing an order by email or by phone number specified in the contacts section of the online store.
3.2. The seller has the right to refuse transfer of the order to the Buyer if the information specified by the Buyer when placing the order is available incomplete or raise suspicions about their validity.
3.3. When placing an order on the online store website The Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill order:
3.3.1. last name, first name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery is in Buyer's address);
3.3.3. contact number. 3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Product selected by the Buyer are indicated in the Buyer’s basket at website of the online store.
3.5. If any of the Parties to the contract requires additional information, he has the right invite him to the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in an online store.
3.6. When placing an order via operator of the Seller (clause 3.1. of this Offer) The Buyer undertakes to provide the information specified in clause 3.3 – 3.4. of this Offer.
3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering by the Buyer relevant data in the registration form on the online store website or when placing an Order through an operator. After placing an Order through the Operator, data about the Buyer is entered into the Seller’s database.
3.8. Buyer bears responsibility for the accuracy of the information provided when placing an Order.
3.9. By concluding an Agreement, i.e. by accepting the terms of this offer (the conditions for purchasing the Goods are proposed), by placing an Order, The Buyer confirms the following: a) The Buyer is fully familiar with and agrees to the terms of this offer (offers);
b) he gives permission to collect, aboutprocessing and transfer of personal data, permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. Except of this, by concluding the contract, the Buyer confirms that he is notified (without additional notice) of the rights, established by the Law of Ukraine "On the Protection of Personal Data", on the purposes of data collection, as well as on the fact that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of carrying out mutual settlements, as well as for receiving 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 to the Buyer in order to fulfill the Buyer’s order. Scope of rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" he knows and understands.

4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website Online store. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time the price a separate unit of the Goods, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller in unilaterally.
4.3. The cost of the Product indicated on the website of the online store does not include the cost delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer   in accordance with current service tariffs delivery (carriers) directly to his chosen delivery service (carrier).
4.4. The cost of the goods is indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The seller may indicate the estimated cost of delivery of the Goods to the Buyer’s address when the Buyer makes a corresponding request Seller by sending an email or when placing an order through an operator online store.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment of receipt To the seller of funds to his account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out in the following ways: indicated on the online store website in the “Payment and Delivery” section.
4.8. Upon receipt of the goods The Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Product. qualitative and quantitative characteristics (name of product, quantity, completeness, expiration date).
4.9. When accepting the Goods, the Buyer or his representative confirms with his signature on the sales receipt/or order / or in the delivery note for the delivery of goods that have no claims to the quantity of goods, external type and completeness of the goods.
4.10. Ownership and risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon self-delivery of the Goods from the Seller, or when the Seller transfers the goods to the selected delivery service (carrier) Buyer.  

5. Rights and obligations of the Parties
5.1. The seller is obliged: 5.1.1. Hand over Products to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Do not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided for by law and when executing the Buyer's Order.
5.2. The seller has the right:
5.2.1 Change terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the website Online store. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 By the time the Agreement is concluded, familiarize yourself with the contents of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient for delivery to the Buyer of the ordered Product.
 
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food product of proper quality, if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The buyer has the right to return the goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Returning goods of proper quality is produced if it has not been used and if its presentation, consumer properties, packaging, seals, labels, as well as a payment document issued to the Buyer for payment for the Goods. List of goods not subject to return on the grounds provided for in this paragraph, approvingapproved by the Cabinet of Ministers of Ukraine.
6.2. Return The cost of goods of proper quality is paid to the buyer within 30 (thirty) calendar days from the date of receipt such Goods by the Seller subject to the requirements provided for in clause 6.1. Agreement, current legislation of Ukraine.
6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.
6.4. Purchase returns of proper quality at the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
6.5. If defects in the Product are discovered during the established warranty period, the Buyer personally, in the manner and in terms established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for by the Law Ukraine “On the protection of consumer rights”. When making demands for gratuitous elimination of deficiencies, the period for their elimination is calculated from the date of receipt of the Goods by the Seller at his disposal and physical access to such Product.
6.6. Consideration of the requirements provided for by the Law of Ukraine “On Protection of Consumer Rights”, is carried out by the Seller upon provision by the Buyer of documents provided for by the current legislation of Ukraine. The seller does not is responsible for defects in the Goods that arose after its transfer to the Buyer due to violation of the rules by the Buyer use or storage of the Goods, actions of third parties or force majeure.
6.7. The buyer has no right to refuse from a product of appropriate quality, with 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, etc.). Confirmation that the product has individually defined properties is difference in product sizes and other characteristics indicated in the online store.
6.8. Returning goods to in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section

7. Responsibility
7.1. The Seller is not responsible for damage caused to the Buyer or third parties. as a result of improper installation, use, storage of the Goods purchased from the Seller.
7.2. The seller does not bear liability for improper, untimely fulfillment of Orders and its obligations if the Buyer provides unreliable or false information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. Seller or The buyer is released from liability for complete or partial failure to fulfill his obligations if failure to comply is a consequence of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and others. natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this agreement. The side that cannot fulfill its obligations, immediately notifies the other Party.
8. Privacy and protection of personal data.
8.1. By providing your personal data on the online store website during registration or when placing an Order, the Buyer provides the Seller with his voluntary consent to processing, use (including transfer) of your personal data, as well as performing other actions provided for by the Law of Ukraine "On the Protection personal data, without limiting the validity period of such consent.
8.2. The seller undertakes not to disclose information received from the Buyer. It is not considered a violation of the Seller providing information to counterparties and to third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to The buyer, as well as in cases where the disclosure of such information is required by the requirements of current legislation Ukraine.
8.3. The buyer is responsible for keeping his personal data up to date. The seller is not responsible for poor performance or failure to fulfill its obligations in connection with the information about the Buyer is out of date or does not correspond to reality.

9. Other conditions
9.1. Genuine contract concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between Buyer and Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or Seller have the right to apply for resolution of the dispute to the judicial authorities in accordance with current legislation of Ukraine. 9.3. The Seller has the right to make changes to this Agreement unilaterally. in the manner prescribed by 5.2.1. Agreement. In addition, changes to the Agreement can also be made by mutual agreement Parties in the manner prescribed by the current legislation of Ukraine.