Public agreement (offer) for the purchase of goods (receipt of services) through the shoco.ua online store.
Individual entrepreneur Liulich Marta Yuriivna, acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations No. 3441306461, the date and number of the record on the state registration of the individual entrepreneur – June 21, 2022, No. 2004150010003077225, hereinafter referred to as “”Party 1″” on the one hand, invites individuals (hereinafter referred to as “”Party 2″”) to carry out the transaction provided for in this Public Agreement (offer) for the purchase of goods (receipt of services) through the online store (hereinafter referred to as the “”Agreement””).”
The Terms of this Agreement govern the relationship between the Parties and are subject to the provisions of the Law of Ukraine “On Consumer Protection” No.1023-XII as of May 12, 1991, the Civil Code of Ukraine (hereinafter referred to as the “CCU”) No. 435-IVI as of January 16, 2003, the Law of Ukraine “On Electronic Commerce” No.675-VIII as of September 3, 2015.
When entering into this Agreement, the Parties shall also be guided by the information referred to in the Clauses of the Agreement. Such information constitutes an integral part of the Agreement.
This Agreement is public, in accordance with Articles 633, 641 of the Civil Code of Ukraine, and its terms are the same for all Parties 2, the unconditional acceptance of the terms of which is considered the acceptance of this offer by Party 2, for which Party 1 publishes this Agreement as follows, –
Terms and Definitions
1.1. The following terms and definitions are used in this Agreement:
1.1.1. “Online store” shall mean a means for the presentation and sale of Goods (Provision of Services) by entering into an electronic transaction, which is located at the address: Lviv, 44 Sakharova Street and created for the conclusion of a Purchase and Sale Agreement (Agreement for the Provision of Services) based on the familiarization of Party 2 with the description of the Goods (Services) and their characteristics proposed by Party 1 via the Internet.
1.1.2. “Goods” shall mean items and (or) services offered for sale in the online store, or already purchased by Party 2 from Party 1 remotely.
1.1.3. “Service” shall mean the activities of Party 1 to provide Party 2 with a certain tangible or intangible benefit specified in the agreement, which is carried out by the individual order of Party 2 in the online store for personal needs of Party 2;
1.1.4. “Party 1” shall mean Individual Entrepreneur Liulich Marta Yuriivna, registered at the address: UKRAINE, 79068, LVIV REGION, LVIV, 15 Mazepy St. apt.88
1.1.5. “Party 2” shall mean an individual who has the necessary level of legal capacity to conclude the Agreement.
1.1.6. “Request” shall mean an expression of the intention of Party 2 to purchase the Goods (Service), which is carried out by filling in a special form posted in the online store.
1.1.7. “Order” shall mean the result of reaching agreements between Party 1 and Party 2 regarding the quantity, name, total value of the Goods (Service) payable under the Agreement, the method of payment for the Order by Party 2, the method of delivery of the Goods (the terms of the Service) and the term of performance of the Agreement.
Subject of the Agreement. General Provisions.
2.1. In the manner and on the terms specified in this Agreement, Party 1 undertakes to transfer the Goods (provide the Service) to the ownership of Party 2 in accordance with the order made by Party 2, and Party 2, in turn, undertakes to accept and pay for the Goods (Service) on the terms and in the manner specified in this Agreement. The text of the Agreement is available in the online store at the address: shoco.ua
2.2. Placing an Order means unconditional acceptance of this Agreement (offer) and consent to all the terms of the Agreement.
2.3. The date of conclusion of the Agreement is the date of payment by Party 2 of the Order.
2.1. The Holder is obliged to:
2.1.1. Take all necessary measures to ensure the safety of the property during the storage period.
4.1. Party 2 can pay for the Order in the following ways:
4.1.1. By Visa or MasterCard of any bank of Ukraine using the online service “WayForPay” or “LiqPay”;
4.1.2. Through terminals, specifying the details provided by the manager;
4.1.3. Cash upon receipt of the Order.
4.2. When placing an Order, Party 2 shall pay 100% of the cost of the Goods (Service) to Party 1.
Terms of delivery.
5.1. Delivery and return of the Goods shall be carried out by Party 2 or by a transport company at the expense of Party 2, which is stipulated in the relevant Section of shoco.ua online store and additionally agreed during the ordering process.
5.2. The cost of delivery of the Goods is determined by the delivery company and depends on the current tariffs of the latter.
Rights and obligations of the Parties.
2.1. The Party 1 is obliged to:
6.1.1. Comply with the terms of this Agreement;
6.1.2. Implement the Orders of Party 2 in case of acceptance of such an Order, availability of the relevant Goods (the possibility of providing the Service), and receipt of payment from Party 2 in the manner prescribed by this Agreement.
6.1.3. Transfer the Goods (provide the Service) to Party 2 in accordance with the Order, provided that Party 2 fulfills the terms of this Agreement.
6.1.4. Check the qualitative and quantitative characteristics of the Goods (in the case of ordering the Goods).
6.2 The Party 1 has the right to:
6.2.1. Receive payment for the Goods (provided Service) in full and on the terms specified in this Agreement;
6.2.2. Other rights provided for by the current legislation of Ukraine.
6.3. The Party 2 is obliged to:
6.3.1. Before placing an Order:
126.96.36.199. To get acquainted with the information about the Goods (Services), which is located in the relevant Section of the online store;
188.8.131.52. Read and accept the terms of this Agreement or refuse to place an Order if the terms of the Agreement are unacceptable;
6.3.2. After placing the Order:
184.108.40.206. Pay the cost of the Goods (Services) in accordance with the procedure and terms specified in the Agreement.
220.127.116.11. Accept the selected Goods (Services provided);
18.104.22.168. Upon receipt of the Goods (in the case of ordering the Goods), check its completeness, and quantity. In case of detection of a lack of the Goods or its damage, record the latter in the Certificate, which, along with Party 2, shall be signed by the delivery company (person delivering the Goods).
22.214.171.124. Party 2 is responsible for the correctness of their Order. Change of the Order after its payment is not allowed unless Party 1 has agreed to such change.
6.4. Party 2 has the right to:
6.4.1. Receive the Goods (Service) of proper quality and quantity in accordance with their Order;
6.4.2. Other rights provided for by the current legislation of Ukraine.
The procedure for accepting goods and replacing goods of poor quality
7.1. If Party 2 orders the Goods, upon its receipt, Party 2 shall make sure of its integrity and completeness by inspecting the contents of the packaging. In case of damage/shortcomings/shortage, Party 2 shall record them in the Certificate, which, along with Party 2, must be signed by the person making the delivery (delivery company). If possible, shortcomings should be recorded by means of photography and video recording.
7.2. Within one day from the date of receipt of the Goods (if ordered), Party 2 shall notify Party 1 or its representative responsible for the registration of the Goods about the identified shortcomings (damage) and agree on the replacement of the Goods.
7.3. The Parties agreed that non-compliance with the procedure provided for in clauses 7.1., 7.2. of this Agreement means that the Goods received by Party 2 are of good quality and proper condition – without any damage and shortcomings.
7.4. The Parties have agreed that a slight change in colors on the Goods caused by the work of a printing house (publishing house) cannot be recognized as Goods of poor quality.
Liability of the Parties
8.1. In case of breach hereof, the Party at fault shall be liable as defined hereby and/or by the current legislation of Ukraine.
8.1.1. The breach of the Agreement is its non-performance or improper performance, namely, performance with violation of the conditions specified in the content of this Agreement.
8.2. In case of transfer of the Goods (if ordered) to the delivery company, the obligations of Party 1 to transfer the Goods shall be deemed fulfilled from the moment of transfer of the Goods to such delivery company. The risk of accidental destruction/damage to the Goods shall be borne by Party 1 until the moment of transfer of the Goods to the delivery company.
9.1. All disputes arising hereunder or in relation hereto shall be settled by negotiation between the Parties. If a dispute may not be settled through negotiations, it shall be settled in court under the effective legislation of Ukraine.
Validity of the Agreement.
10.1. This Agreement shall be deemed concluded and shall enter into force upon receipt of payment to the account of Party 2.
10.2. This Agreement shall become valid at the time specified in clause 10.1 of this Agreement and shall remain in force until the Parties fully fulfill their obligations under this Agreement in full.
The termination of this Agreement shall not relieve the Parties of liability for any breach of this Agreement that occurred during the term of this Agreement.
10.6. Unless otherwise expressly provided by this Agreement or the current legislation of Ukraine, this Agreement may be terminated only by agreement of the Parties.
11.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the shoco.ua website.
11.2. The online store is not responsible for the content and truthfulness of the information provided by Party 2 when placing the Order.
11.3. Party 2 is personally responsible for the accuracy of the information specified when placing the Order.
11.4. The full and unconditional acceptance of a valid public offer in accordance with Article 642 of the CCU shall be payment of the amount of money by Party 2.