Agreement, one party, the Seller, on the one hand, and any person who has
accepted the terms of this Public Offer Agreement - the Buyer, on the other
hand, hereinafter collectively referred to as the Parties, have entered into
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 a contract for the purchase and sale of Product with
Buyers, photos of which are posted in the relevant section of the https://katerinafox.ua/en website.
Sellers who intend to sell Products using a https://katerinafox.ua/en website and Buyers when purchasing Products images of which are placed on the corresponding pages of https://katerinafox.ua/en accept the terms of this Agreement as follows.
1. GENERAL PROVISIONS
1.1. The contractual
relationship between the Seller and the Buyer shall be formally established in
the form of a Public Offer Agreement. Clicking on a https://katerinafox.ua/en website page in the
corresponding section of the "ORDER", "BUY" buttons means
that the Buyer, regardless of the status (individual, legal entity, individual
entrepreneur), in accordance with current international and Ukrainian
legislation, has accepted the terms of the PUBLIC OFFER Agreement, which are
1.2. The Public Offer Agreement is a public one, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms shall be the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). Upon complete concordance with this Agreement, the Buyer shall accept the terms and procedure for placing an order, payment, and delivery of goods by the Seller, responsibility for unfair Order, and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall come into force from the moment of clicking on the "CHECKOUT" button, by which the Buyer shall agree to purchase the Goods available at the Seller and be valid until the Buyer receives the Goods from the Seller and fully settles with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international agreement, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine, establishes other rules than those established by Ukrainian legislation, the rules of the international agreement shall apply.
2. TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is published on the Website https://katerinafox.ua/en and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Product, the image of which is posted on the https://katerinafox.ua/en website referred to an indefinite circle of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the seller's offer to purchase the Product, the image of which is posted on the https://katerinafox.ua/en website, by adding it to the virtual shopping cart and sending the Order.
"Product" - an item of trade (manufactured article, model, accessory, components, and related items, any other items of trade), the seller's offer of purchase of which is placed at https://katerinafox.ua/en website.
"Buyer" - any capable individual, legal entity, individual entrepreneur, according to current international and Ukrainian legislation, who visited the https://katerinafox.ua/en website and have the intention to purchase a particular Product.
"Seller" - any capable individual, legal entity, individual entrepreneur, according to the current international and Ukrainian legislation, who are the owners or distributors of the Product and have an intention to sell it using the https://katerinafox.ua/en website.
"Order" - properly formed up and posted on the https://katerinafox.ua/en website Buyer's request for the purchase of Product addressed to the seller.
"Legislation" - rules established by Ukrainian or international legislation for regulating contractual legal relations under Agreement.
"Material Weakness of Product" - a downside that makes it impossible or unacceptable
to use the Product in accordance with its intended purpose, arose due to the
fault of the manufacturer (Seller), after its elimination, it appears again for
reasons independent of the consumer.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller shall undertake to sell the Product on the
basis of the Order placed by the Buyer on the corresponding page of the https://katerinafox.ua/en website on the terms and in the manner specified in this Agreement, and
the Buyer shall undertake to buy the Product and pay money for it on the terms
and in the manner specified in this Agreement.
3.2. The Seller shall guarantee that the Product is not pledged, the subject of a dispute, under arrest, and it does not have any rights of third parties.
3.3. The Seller and Buyer confirm that the current Agreement is not a fictitious or sham transaction, or a transaction made under the influence of pressure or deception.
3.4. The Seller shall confirm that they have all the necessary permits for business activities that regulate the legal relations arising and existing in the process of execution of this Agreement and warrant that they have the right to manufacture and/or sale of goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine and shall be responsible in case of violation of the rights of the Buyer during the execution of this Agreement and the sale of Product.
4. SELLER'S RIGHTS AND OBLIGATIONS
4.1. The Seller shall be obliged to:
· fulfill Customer's orders if payment is received from the Customer;
- send the product to the Buyer according to the selected sample on the corresponding page of the https://katerinafox.ua/en website, the completed order and the terms of this Agreement;
- check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
- notify the buyer of a possible additional fee when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing them in this agreement.
4.2. The Seller shall be entitled to:
· unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
4.3. The Seller shall be:
Business entity from among the persons offering to purchase the product on the https://katerinafox.ua/en website under the uniform agreed rules set out in this public offer agreement.
5. BUYER'S RIGHTS AND OBLIGATIONS
5.1. The Buyer shall be obliged to:
- timely pay for and receive the order under the terms of this Agreement;
- familiarize themselves with the information on the Product, posted at https://katerinafox.ua/en website;
- when receiving the Product from the person who delivered it, make sure of the integrity and completeness of the Product by examining the contents of the package. In case of damage or incomplete configuration of the Product - record them in the act, which must be signed together with the Buyer by the person who delivered it to the Buyer.
5.2. The Buyer shall be entitled to:
- place an order on the corresponding page of thehttps://katerinafox.ua/en website;
- demand the seller to fulfill the terms of this Agreement;
- be informed about the possible additional fee when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.
6. THE PROCEDURE OF ORDERING
6.1. The customer independently makes an order on the
corresponding page of the https://katerinafox.ua/en website by adding Products to the virtual shopping
cart by clicking the "Add to cart!" button, or by placing an order
via email or phone number specified in the contact section of the https://katerinafox.ua/en website
6.2. The Order processing period shall be from 1 to 5 business days from the moment of its registration and depends on the availability of the ordered product in the Seller's warehouse. If the order is received on a weekend or holiday, the processing period shall begin on the first business day after the weekend.
7. AGREEMENT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product shall be
determined by the Seller and indicated on the corresponding page of the website .
The Agreement price shall be determined by adding the prices of all selected
Products placed in the virtual shopping cart and the delivery price, which
shall be determined depending on the delivery method in accordance with the
terms of Section 8 of this Agreement.
7.2. The cost of an Order may vary depending on the price, quantity, or product range.
7.3. The Buyer can pay for the order in the following ways:
1) 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 invoice receipt in the amount of 100% prepayment).
2) C.O.D. upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine.
3) Credit card of the following type:
· Visa Electron
· Mastercard Electronic
Possible additional fees for credit cards used in the process of ordering should be checked by the Buyer with their card holder's bank, since the Seller does not have this information.
4) by any other means agreed with the Seller.
Note. When the Buyer paying the order with payment card, additional fees may incur by the issuer of this card, particularly when the Buyer paying the order with payment card, additional fees may incur from issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking on the "CHECKOUT" button in the corresponding section at https://katerinafox.ua/en website page means that the Seller has notified the Buyer about the possibility of charging an additional fees when the Buyer pays for orders with cards issued by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
8. PRODUCT DELIVERY TERMS
8.1 The Buyer shall receive the Product via delivery, or
receive it personally. The order of payment and receipt is indicated on the
corresponding page of the https://katerinafox.ua/en website.