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1.1. This agreement shall be an official offer, according to article 633 of the Civil Code of Ukraine, made by the INDIVIDUAL ENTREPRENEUR, OLEKSII PAVLOVYCH RAKOVYCH, taxpayer identification number 3164613716, hereinafter referred to as the “Attorney”, to conclude Agency Agreement in accordance with the procedure and under the terms provided for by this public offer.
1.2. This offer shall be a public offer agreement (hereinafter - the “Agreement”) and has the relevant legal force, on provision of services to unlimited circle of persons (hereinafter - the “Principal”) for the goods selection, completion and acquisition as provided for in the relevant section of the Website https://46parallel.twid.studio/shop.
1.3. This Agreement provisions shall regulate relationships between the Attorney on the one side and the Principal on the other side (hereinafter collectively referred to as the “Parties”) based on the terms hereof.
1.4. All Website https://46parallel.twid.studio/shop users may access the Agreement (offer) at any time by clicking “Public offer” link on the Website https://46parallel.twid.studio/shop.
1.5. By this Agreement the Parties confirm their full agreement with the rules, terms, restrictions and other terms of cooperation set forth herein.
1.6. This Agreement shall terminate any warranties, covenants, and any other agreements (whether in writing or oral) between the Parties from the date of its execution, and shall be binding thereon.
1.7. By entering into this Agreement (i.e. accepting the terms of this public offer by placing an order), the Principal shall confirm the following:
- The Principal has fully read and agrees to the terms of this public offer;
- The Principal is 18 years old;
- Information provided by the Principal, when submitting its order, is correct and up-to-date;
- The Principal authorizes personal data collection, processing and transfer to be able to fulfil the terms of this Agreement, to be able to make mutual settlements and to receive invoices, acts and other documents. Permit to process personal data shall be valid for the entire term of this Agreement.
2.1. In this offer, unless the context otherwise requires, the following terms shall have the following meaning:
“Offer” shall mean the Seller's public offer addressed to any individual or legal entity for concluding agency agreement under the current terms specified in this Agreement.
“Products” shall mean a list of products range provided on the Website https://46parallel.twid.studio/shop, and which the Principal instructs the Attorney to purchase from the Seller.
“Principal” shall mean any individual or legal entity who accepted this offer and on whose behalf the Attorney provides its services.
“Attorney” shall mean INDIVIDUAL ENTREPRENEUR, OLEKSII PAVLOVYCH RAKOVYCH, who on behalf of the Principal provides its services to the latter.
“Acceptance” shall mean a full and unconditional acceptance of this Agreement by the Principal.
“Website” shall mean an automated information system available on the Internet at: https://46parallel.twid.studio/shop, and all “subdomains” relating to this address and used by the Seller on the right of ownership.
“Seller” shall mean a company that owns the Products posted on the Website and sells such Products through the store located at: 18/17, blvd. Dryuzhby Narodiv, Kyiv;
“Services” shall mean a list of actions performed by the Attorney on behalf of and at the account of the Principal related to the Products selection, completion, purchase and delivery to the address specified by the Principal.
“Order” shall mean duly executed and posted on the Seller's Website order of the Principal for the purchase of Products addressed to the Attorney.
“Account” shall mean any information and telecommunications system through which the Principal can place its order for the Products and provide Power of Attorney for such Products purchase and delivery.
“Payment system” shall mean any bank/payment system member/payment infrastructure services operator, which on a contractual basis with the Attorney, provides for payments acceptance and transfer under details of the Principal's payment cards for the services instructed to be provided by the Attorney.
3.1. The Attorney, on behalf of the Principal, shall provide its services, and the Principal shall accept these services and pay therefor under the terms hereof.
3.2. The Attorney shall confirm that it has all necessary business permits regulating the scope of legal relationship that arise and valid in the course of this Agreement performance.
3.3. On behalf of the Principal and at its own account, the Attorney shall select, complete, purchase and deliver the Products selected by the Principal on the Website https://46parallel.twid.studio/shop.
3.4. The Products shall be purchased by the Attorney on behalf of and at the account of the Principal by making transaction with the Seller of such Products.
3.5. Services for the Products purchasing provided by the Attorney and their delivery to the Principal shall not constitute the actions taken by the Attorney regarding the sale of such Products to the Principal, and refer only to the Agency Agreement performance.
4.1. The date of this Agreement conclusion shall be the date when the instruction is given by the Principal to purchase the Products by the Attorney when placing its order on the Website.
4.2. The Principal shall read the terms of the Agreement and the Attorney shall inform the Principal about this Agreement existance.
4.3. This Agreement shall be made by accepting the terms of this Agreement. No copy of the Agreement signed between the Parties, with their signatures and seals, in case of actual payment made by the Principal, shall be the reason to consider it as not concluded.
4.4. The Attorney shall execute the Agreement in hard copy only if the Principal requests in writing.
5.1. The Principal shall have a possibility to provide instruction to the Attorney by placing its order on the Seller's Website https://46parallel.twid.studio/shop.
5.2. The Principal shall have a right to be registered on the Website https://46parallel.twid.studio/shop by filling out the appropriate form on the relevant page of the Seller's Website. Information provided by the Principal, when filling out the registration form, shall be correct, complete and reliable.
5.3. The Attorney shall not be liable for the unauthorized use of the Principal's registration data by the third parties, if such unauthorized use occurred through no fault of the Attorney.
5.4. Registration on the Website https://46parallel.twid.studio/shop shall be made by the Principal one time. Further use of the Website and instructions provided to the Attorney shall be made without re-registration but by logging in to the personal account.
5.5. To provide any instruction to purchase the Products, the Principal shall select them by reviewing the Products range on the Seller's Website and placing an Order.
5.6. The Attorney, at its own account and in the interests of the Principal, shall make transaction with the Seller of such Products in accordance with the Order executed by the Principal.
5.7. As instructed by the Principal, the Products purchased on its behalf and at its own account can be packed in the Seller's packaging material. The cost of such packaging material shall be included in the total cost of the services provided by the Attorney.
5.8. If the Seller has no Products selected by the Principal, the Attorney shall inform the Principal by communication means indicated by it.
5.9. The Principal shall inspect the Products upon their receipt.
5.10. The Attorney shall have a right to inspect the extent of the required legal capacity of the Principal. The Principal shall confirm the extent of required legal capacity by submitting its identity card. If the Principal did not reach the age of 18, the Attorney shall have a right to refuse to transfer such Products.
5.11. The Attorney shall have a right to refuse to execute the Principal's order at its discretion if the Principal fails to comply with the terms of this Agreement. Funds received from the Principal shall be returned by the Attorney to the Principal by the same payment method used.
6.1. The cost of the Attorney's services shall be determined upon each Offer Acceptance for each Order separately, based on the prices set by the Attorney for its Services.
6.2. Prices for the Products shall be set by the Seller, and shown in the relevant section of the Seller's Website. All prices for the Products shall be shown in the national currency of Ukraine (Hryvnia, UAH) per one Product unit, including VAT.
6.3. The total cost of Attorney's services shall include all and any expenses incurred by the Attorney to fulfill the order provided by the Principal, including, but not limited: cost of the Products purchased, Attorney's remuneration, cost of the Products storage until their transfer to the Principal, and all taxes.
6.4. The total cost of the Attorney's services shall not include the fees that may be requested by the third parties in connection with the payment method chosen by the Principal (for example: Bank fee for funds transfer).
6.5. If the Seller has no Products selected by the Principal, the Attorney shall inform the Principal about to confirm or cancel its Order. If it is impossible to contact the Principal, this Order shall be deemed to be canceled. If the Order canceled has been paid for, the Attorney shall refund the amount paid to the Principal for the Order in the manner the payment was made.
6.7. Payment for the services provided by the Attorney shall be made by the Principal by 100% prepayment to the settlement account of the Attorney.
6.8. If the Principal pays for the Products online, it shall be redirected to the payment service www.ipay.ua, where it can pay for the Order using Visa and Mastercard.
6.9. Payment shall be credited only if the payment procedure specified in this Agreement has been observed.
6.10. In case of failure to pay, incomplete or late payment, the Attorney shall reserve its right to refuse the Principal in its order execution and shall not be responsible for any possible consequences of such decision/actions.
6.11. The Attorney shall provide its services only upon payment receipt from the Principal. Until payment receipt, the Attorney shall assum no obligations to the Principal regarding the Products ordered by it.
6.12. The Principal's obligation to pay the cost of Products shall be deemed to be fulfilled from the date of the relevant funds crediting to the settlement account of the Attorney.
6.13. The Attorney shall not be responsible for the procedure for funds transfer/crediting.
7.1. The Seller shall not exchange or return its Products of proper quality, since according to article 9 of the Law of Ukraine “On Consumer Rights Protection”, food products shall not be referred to the products subjecting to exchange (return).
7.2. Products of improper quality shall be returned in accordance with the Law of Ukraine “On Consumer Rights Protection”, if they have any defects.
7.3. Upon defects identification, the Principal shall have a right to return the Products solely to the Seller.
7.4. The Attorney shall not be responsible for the Products of improper quality purchased from the Seller due to the Principal`s order execution.
7.5. If the Principal wishes, the Products of improper quality may be returned to the Seller by the Attorney by authorizing the latter with the relevant instruction. Services for Products return shall be paid by the Principal separately to the settlement account of the Attorney.
7.6. The Seller shall reimburse the cost of Products of improper quality to the Principal.
8.1. The order shall be delivered to the Principal by the Attorney in accordance with the procedure established by this Agreement.
8.2. Products ordered can be delivered by the Attorney using its own resources or involving the third parties (carrier).
8.3. The Principal shall reimburse the cost of services provided by the third parties (carrier) if they are involved by the Attorney to execute the order provided by the Principal.
8.4. The Attorney shall not be responsible for the order delivery term, if the delivery has been agreed and depends on the actions taken by the third parties (carriers).
8.5. In Products transfer, the Attorney shall provide the Principal with accompanying document (invoice, fiscal sales receipt) in accordance with the laws of Ukraine.
9.1. The Attorney shall:
9.1.1. Execute the order;
9.1.2. Execute the order under the terms most favorable to the Principal;
9.1.3. Inspect the qualitative and quantitative characteristics of the Product during its packaging and delivery to the Principal;
9.1.4. Deliver personally or arrange delivery of the Products to the Principal, if the Principal agreed to the Products delivery;
9.1.5. Provide the Principal with all necessary information in accordance with the current laws and this Offer;
9.1.6. Ensure all and any obligations to the Principal in full extent from the date of execution and in accordance with the terms hereof;
9.1.7. Notify the Principals of any changes to this Agreement by posting relevant changes on the Website https://46parallel.twid.studio/shop;
9.1.8. Ensure confidentiality of the Principal's data and compliance with the laws of Ukraine on personal data protection;
9.1.9. Inform the Principal about the progress of its order fulfilment at its request;
9.1.10. Perform other duties under current law and this Agreement;
9.2. The Attorney shall have a right to:
9.2.1. Demand payment from the Principal for the services provided;
9.2.2. Terminate this Agreement unilaterally if the Principal breaches the terms hereof;
9.2.3. Refuse to execute the order in case of force majeure;
9.2.4. Change this Agreement unilaterally before its conclusion, by posting changes on the Website https://46parallel.twid.studio/shop;
9.2.5. Transfer its rights and obligations to perform the order to the third parties;
9.2.6. Verify the Principal to have reached the age of 18;
9.2.7. Completely or partially refuse to fulfill the Order if the Products are not available on the date of Order receipt;
9.2.8. Refuse to perform the Agreement concluded in case of any false information provided by the Principal; failure to pay for the services by the Principal; and / or other frauds that may result in complications or inability for the Attorney to perform this Agreement.
10.1. The Principal shall:
10.1.1. Read and understand the Public Offer Agreement, Products payment and delivery terms;
10.1.2. Immediately accept from the Attorney everything received by it due to this order execution;
10.1.3. Provide the Attorney with all reliable information necessary for the proper Agreement execution;
10.1.4. Timely pay for and receive the order under the terms hereof;
10.1.5. To perform the obligations by the Attorney to the Principal, the latter shall provide all necessary information that expressly identifies it as the Principal, and sufficient for the Products delivery ordered by it;
10.1.6. Use the rights granted to it in good faith, and comply with the terms of the Agreement and current laws;
10.1.7. Perform other duties as provided for by this Agreement and current laws of Ukraine.
10.2. The Principal shall have a right to:
10.2.1. Place its order on the relevant page of the Seller's Website;
10.2.2. Require from the Attorney to fulfill the terms of this Agreement;
10.2.3. Require from the Attorney to provide all necessary information in accordance with the current laws and this Offer;
10.2.4. Refuse to accept the Product if its characteristics do not comply with the previously ordered Product;
10.2.5. Exercise any other rights provided for by this Agreement and the current laws of Ukraine.
11.1. The Attorney shall not assume any responsibility for the use or further use of the Products transferred to the Principal due to this order execution.
11.2. When submitting instructions, the Principal shall be responsible for the accuracy of the information provided, and also confirm that it has read and agreed to the terms hereof.
11.3. The Principal shall be solely responsible for providing false or unreliable information resulted in inability to properly perform obligations by the Attorney to the Principal.
11.4. In case of non-payment, incomplete or late payment for services, the Attorney shall have a right to terminate the order and notify the Principal of non-payment, incomplete or late payment of the Order.
11.5. The Principal shall be solely responsible for its payments correctness and timeliness, and amounts mistakenly credited by the Principal to the accounts of the third parties shall not be compensated or reimbursed by the Attorney.
11.6. The Attorney shall not be responsible for the Principal's losses resulting from the Products refusal in accordance with this Agreement.
11.7. The Attorney shall not be responsible for the Products integrity and safety, if the Products are delivered not by the Attorney's own resources.
11.8. The Attorney shall not be responsible for the ways and results the information was used by the Principal obtained during the Order execution by the Attorney.
11.9. The Attorney shall not be responsible to any party for any direct, indirect, special or other consequential damage resulting from any information use on the Seller's Website or on any other website linked from the Seller`s Website.
11.10. The Attorney shall be discharged from its liability for incomplete or improper order execution hereunder in cases of failure by the Principal to fulfill any of the terms of this Agreement.
11.11. If the Principal fails to receive its order due to the fault of the Attorney, the Attorney shall have a right to use such Products at its own discretion and shall be deprived of its obligation to transfer such Products to the Principal.
11.12. If the Principal violates the terms of this Agreement, the Attorney shall have a right to suspend its Order execution until the Principal eliminates any violations and compensates (reimburses) losses incurred by such violation by the Attorney and / or terminates the Agreement with the relevant notification to the Principal.
11.13. The Attorney shall not bear any responsible unless the Principal's expectations regarding consumer properties of the Product were justified.
11.14. The total liability of the Attorney hereunder, under any proceeding or claim, including on the part of the Principal for this Agreement performance, shall be limited to the total cost of services provided by the Attorney.
11.15. The Parties shall bear other responsibility for non-fulfillment or improper fulfillment of the terms hereof in accordance with the procedure provided for by this Agreement and the current laws of Ukraine.
12.1. The Parties shall be discharged from their liability for non-performance or improper performance of the obligations hereunder for the period of force majeure circumstances. Force majeure shall mean extraordinary and irresistible circumstances under existing conditions preventing the Parties to fulfil their obligations hereunder. These shall include the acts of God (earthquakes, floods, etc.), social unrest (military actions, states of emergency, major strikes, epidemics, etc.), prohibiting measures taken by the state bodies (prohibition of transportation, currency restrictions, international sanctions, prohibitions of trade), etc.
12.2. In the event of any circumstances specified in clause 12.1. of this Agreement, obligations performance hereunder shall be postponed for the duration of such force majeure and their consequences.
12.3. For the duration of the circumstances specified in clause 12.1. of this Agreement, the Parties shall have no mutual claims against each other, and each of the Parties shall assume its own risk as a result of force majeure.
12.4. If, due to force majeure, non-performance of the obligations under this Agreement lasts for more than three months, each of the Parties shall have a right to terminate this Agreement unilaterally by notifying the other Party in writing. Despite force majeure, before this Agreement termination due to force majeure, the Parties shall make final settlements.
12.5. Force majeure circumstances shall not result in the Principal refusal to make payment for the services provided by the Attorney and performed before the force majeure circumstances occurence.
13.1. If this offer is accepted, the Principal shall give its consent to its personal data collection and processing in accordance with the Law of Ukraine No. 2297-VI dated June 01, 2010 “On Personal Data Protection”. The Principal's personal data shall be processed in accordance with the Law of Ukraine “On Personal Data Protection”.
13.2. Data provided by the Principal when submitting the order will be used for the Orders processing, Products selection, purchasing and delivery, information receipt about the order, sending by telecommunication means (by e-mail, mobile phone), advertising offers, information about promotions, drawings, special offers or any other information about activities of the Attorney or its partners for other commercial purposes.
13.3. The owner of the personal data shall be INDIVIDUAL ENTREPRENEUR, OLEKSII PAVLOVYCH RAKOVYCH.
13.4. The Attorney shall guarantee confidentiality and personal data protection submitted by the Principal.
13.5. The Principal shall entitle the Attorney to process its personal data, including: to include personal data in the databases (without additional notification), to store indefinitely data, their accumulation, updating and change (if necessary).
13.6. The Attorney shall protect its data from unauthorized access by the third parties, not distribute or transmit data to the third parties (except for the data transfer to commercial partners, persons authorized by the Attorney to directly process data for the specified purposes, including mobile operators, postal or courier services, call centers, advertising agencies, and at the request of the competent public authorities in accordance with the procedure established by law).
13.7. The Attorney shall: respect confidentiality of the personal data provided by the Principal; prevent unauthorized use of the personal data provided by the Principals to the third parties; bar access to the personal data provided by the Principal, to individuals, not directly related to the order execution, except as otherwise provided by the current law of Ukraine.
13.8. The Principal shall have a right to refuse to receive advertising and other information by sending an email to the Attorney.
13.9. The Principal shall have a right to request information about whether its data is processed by the Attorney. The Attorney shall provide a response within 30 calendar days.
13.10. Personal data collected under this Agreement will be deleted as soon as it is no longer required for the purposes of its collection.
13.11. The Principal shall have a right to request deletion and access to the personal data processed/stored by the Attorney.
13.12. The request to delete or access personal data shall be made by the Principal by sending a letter to the Attorney's email address, or by sending a postal letter to the Attorney's location.
13.13. The Attorney shall have a right to record telephone conversations with the Principal, having previously notified the Principal of such record. In this case, the Attorney shall: prevent unauthorized access to the information obtained during telephone conversations and / or its transfer to the third parties not directly related to the order execution.
14.1. This Agreement shall enter into force from the date of Offer acceptance by the Principal and remain in force until the Parties fully fulfill their obligations.
14.2. The Agreement may be terminated in accordance with the procedure provided for by the current law of Ukraine.
14.3. The actual date of this Agreement conclusion between the Parties shall be the date of the terms acceptance by the Principal, in accordance with article 11 of the Law of Ukraine “On Electronic Commerce”.
14.4. This Agreement shall be the public offer (public agreement) according to article 633 of the Civil Code of Ukraine, and in case of its terms acceptance the Principal shall perform them in good faith.
14.5. The Parties agreed that to fulfill this Agreement, the Principal shall not provide the Attorney with the power of attorney. This Agreement shall provide a sufficient and appropriate power to the Attorney to purchase and deliver Products on behalf of and at the account of the Principal.
14.6. The Attorney shall fulfil order no later than seven (7) days from the date of this Agreement acceptance by the Principal, and 100% prepayment for the Products ordered.
14.7. Services shall be provided by the Attorney from 9.00 a.m. till 06.00 p.m. on the working days.
14.8. Any disputes and disagreements arising out of the terms of this Agreement shall be settled via negotiations based on the written application (claim) submitted by the Principal.
14.9. The Attorney, upon application (claim) receipt from the Principal, shall satisfy the demands stated or send reasoned refusal to the Principal within twenty (20) calendar days.
14.10. If any dispute arising out will not be settled using the complaint procedure, the Principal shall have a right to apply to the court at the Attorney`s location.
14.11. All communications and other documents hereunder shall be sent to the addresses specified in this Agreement.
14.12. The Seller's Website and the services provided may be temporarily, partially or completely, unavailable due to maintenance or other works, or for any other technical reasons.
14.13. The Attorney shall have a right to transfer its rights and obligations on behalf of the Principal to the third parties.
14.14. The Principal shall warrant that all terms hereof shall be clear, and it accepts them unconditionally and in full.
14.15. All and any issues not settled by this Agreement shall be regulated by the current laws of Ukraine.
INDIVIDUAL ENTREPRENEUR, OLEKSII PAVLOVYCH RAKOVYCH
Place of residence: ap. 61, bld. 57, KIYVSKA STREET, Zhytomyr, Zhytomyr region, 10030
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