Your shopping cart is empty!
PUBLIC OFFER AGREEMENT
(hereinafter referred to as the Agreement)
This Agreement is a public agreement (Public Offer Agreement), that is, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur) with the features provided for in this Agreement. Upon agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods.
This Agreement is an agreement between FOP LAPA M.V. (online store “https://maskilapa.com”) (hereinafter referred to as the “Seller”) and any legal entity, individual entrepreneur or individual user of the online store services (hereinafter referred to as the “Buyer”), including all essential conditions for organizing purchase and sale remotely (i.e. through an online store), which are hereinafter collectively referred to as the “Parties”, and individually as the “Party”.
The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine “On the Protection of Consumer Rights” No. 1023-XII of May 12, 1991.
This Agreement is in the nature of a public offer on the territory of Ukraine, is the equivalent of an “oral agreement” and, in accordance with the current legislation of Ukraine, has proper legal force.
1. TERMS AND DEFINITIONS
1.1. “Online store” is the Seller’s website (“https://maskilapa.com”), where the Buyer remotely gets acquainted with the descriptions and photographs of the Product offered by the Seller using the Internet, which excludes the possibility of the Buyer directly familiarizing himself with the Product.
1.2. “Seller’s website” – “https://maskilapa.com”.
1.3. “Product” – a list of assortment items presented in the Seller’s online store. Products presented on the Seller's website through photo samples and text descriptions are the property of the Seller. All information and photos on the site, as well as the site as a whole, are protected by copyright law and are the property of the Seller.
1.4. “Site visitor” is a person who has visited at least one page of the Seller’s website https://maskilapa.com
1.5. “Site user” is an individual, a site visitor who, when confirming the order, accepted the terms of the public offer agreement on the site https://maskilapa.com and confirmed that he is a legally capable citizen who has reached 18 years of age.
1.6. “Buyer on the site” - a site user who confirmed and paid for the Order on the Seller’s website https://maskilapa.com, received the Product and accepted the terms of this Agreement in full without exception.
1.7. “Seller on the site” – FOP Lapa M.V.
1.8. “Ordering goods” or “Order Confirmation” is the Buyer’s decision to purchase the Goods through the Seller’s online store under the conditions provided for in this Agreement.
1.9. “Personal data” – any information that the Buyer enters about himself on the website to place an order for the Product.
1.10. “Significant defect of the Product” is a defect 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), and after its elimination appears again for reasons independent of the Buyer.
1.11. “Carrier” is a legal entity or individual entrepreneur who has assumed the responsibilities under the Contract for delivering the Goods to the destination specified by the Buyer and has undertaken to deliver the Goods to the Buyer.
2. GENERAL PROVISIONS
2.1. The Seller publishes this Agreement and all Appendices to it on its website for individuals and legal entities to join it. The Agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing remote sales through the Seller’s online store.
2.2. The Buyer unconditionally accepts all the terms and conditions contained in this Agreement as a whole (that is, in full and without exception). If the Buyer is an individual, he also grants the Seller permission to process his personal data in order to be able to fulfill the terms of this Agreement, to carry out mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal data is valid for the entire duration of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data” and the purposes of data collection. The scope of the Buyer’s rights as a subject of personal data, in accordance with the Law of Ukraine “On the Protection of Personal Data,” is known and understandable to him.
2.3. In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this Agreement, that is, the public offer of the online store, is the fact that the Buyer places an order for the Product on the Seller’s website and clicks on the “Confirm order” link.
2.4. This Agreement may be changed by the Seller unilaterally without notice to the User/Buyer. The new version of the Agreement comes into force from the moment it is published on the website. For Buyers who have already placed an order, the current version of the Agreement is valid at the time the order was confirmed by the Buyer. The Buyer has the opportunity to review on the Seller’s website https://maskilapa.com all editions of the Agreement and the periods during which they were valid.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
3.2. Product information:
• The product is presented on the online store website through photo samples;
• The product may differ from the photo samples, but will certainly correspond to the characteristics of the selected item;
• each photo sample is accompanied by text information - price and description of the product;
• at the Buyer’s request, the Seller’s manager can provide (by phone or email) other information necessary and sufficient, from the Buyer’s point of view, for him to make a decision to purchase the Product;
• the price of the Product indicated on the website can be changed by the Seller unilaterally;
• in case of a change in the price of the Goods ordered by the Buyer, the Seller’s manager will inform the Buyer about this as soon as possible (by phone or via email) in order to receive confirmation or cancel the order. If it is impossible to contact the Buyer, such an order is considered cancelled.
3.3. This Agreement governs purchase and sale in the online store, including: - the Buyer’s voluntary selection of goods in the online store; - the Buyer independently places an order on the website in the online store or using telephone communications; - payment by the Buyer for an order placed in the online store; - execution and transfer of the order to the Buyer under the terms of this Agreement.
4. ORDER PLACEMENT PROCEDURE
4.1. The buyer independently places an order in the online store through the “cart” form, or by placing an order by email, messenger or by phone specified in the contact section of the online store.
4.2. When placing an order on the website, the Buyer must provide the following information about himself:
• FULL NAME.;
• delivery address of the Goods;
• contact number;
• email.
4.3. By placing an order, the Buyer confirms that:
• at the time of purchase of the Product he was 18 years old;
• the information provided when ordering goods or services is correct and up to date;
• the provided contact information can be used to inform about changes in work, promotional offers or other information related to the Seller’s activities.
4.4. The term for placing an order on the part of the Seller is 1 (one) business day from the date of submission of the application. If the order is sent on a weekend or holiday, the formation period begins on the first working day after the weekend.
4.5. The Buyer bears full responsibility for providing false information that results in the Seller’s inability to properly fulfill its obligations to the Buyer.
4.6. After placing an order on the website, the Seller’s manager calls the Buyer to confirm the order. After sending the order, the Buyer is provided with information about the invoice number and the estimated delivery date by sending an email to the address specified by the Buyer when placing the order. The manager servicing such an order can clarify the details of the order, agree/specify the delivery date, which depends on the availability of the ordered Goods in the Seller’s warehouse and the time required to process and deliver the order.
4.7. If the Seller or the Seller’s contact person was unable to contact the Buyer within three business days from the date of placing the order, then such order will be considered canceled automatically.
4.8. If it is impossible to confirm (fulfill) the Buyer’s order, the Seller’s manager is obliged to bring this to his attention by phone or email.
4.9. The expected date of transfer of the order to the delivery service may be communicated to the Buyer by the Seller’s manager via a telephone call. The date of transfer of the Goods may be changed by the Seller unilaterally if there are objective reasons, in the opinion of the Seller.
4.10. Communication between the Site User/Buyer and managers or other representatives of the Seller must be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, swearing, offensive language, as well as threats and blackmail, regardless of the form and to whom they were addressed, is strictly prohibited. The Seller's manager may refuse confirmed orders to the Buyer if the latter uses obscene words, swearing, offensive language, as well as threats and blackmail.
5. PRODUCT PRICE AND ORDER PAYMENT PROCEDURE
5.1. The price of the Goods on the pages of the Internet site is indicated in hryvnias per unit of Goods and/or unit of measurement and is informational. The order amount consists of the cost of the ordered Products. The Seller’s website may establish a restriction regarding the minimum amount of an order or the order of a minimum number of units of the Product. All payments between the Parties are made in hryvnias.
5.2. If the Seller incorrectly indicates on the website the price of the Goods ordered by the Buyer, the Seller, when confirming the order, informs the Buyer about this or cancels the order.
5.3. The price of the Product on the website can be changed by the Seller unilaterally. In this case, the price for an order confirmed by the Seller or paid for by the Buyer cannot be changed.
5.4. Payment for the Goods is made by the Buyer using any of the methods proposed by the Seller when placing an order, detailed information about which is available on the Seller’s website.
5.5. The buyer can pay for the order in the following ways (the list is not exhaustive):
• by bank transfer of money to the Seller's current account specified in the invoice;
• using PrivatBank cards, by transferring funds through the Privat24 system;
• using the LiqPay system;
• at the time of receiving the order from a representative of the courier service;
• at the time of receiving the order at the courier delivery service branch.
5.6. When paying for orders on the Seller's website using payment cards, all transactions with them are carried out on the secure payment page of the bank ecommerce.liqpay.com, where you need to enter payment card details. The LiqPay electronic payment system is implemented on the most modern security standard 3D Secure, which ensures maximum security when making payments in the Seller’s online store.
5.7. The Buyer can pay for the order at the time of receipt only if such Goods are available at the Seller’s warehouse.
5.8 Goods “to order” are put into operation and shipped from the warehouse to the Buyer subject to 100% prepayment.
5.9. The Seller has the right to provide discounts on Products and establish bonus programs at its discretion. The types of discounts, bonuses, the procedure and conditions for their accrual are indicated on the website and can be changed by the Seller unilaterally.
6. ORDER DELIVERY
6.1. The Buyer understands and agrees that delivery is a separate service that is not an integral part of the Product purchased by the Buyer, and is paid for at the Buyer’s expense.
6.2 The service ends when the Buyer receives the Goods. Delivery of the Goods is carried out by the postal service indicated on the Seller’s website. The transfer of the Goods to the Buyer is carried out in various ways at the Buyer’s choice when filling out the order application. The Buyer can also independently pick up the goods from the Seller’s warehouse. Within Kyiv, delivery by the Seller is possible if this option is specified in the order.
6.3. The delivery area for the Products presented on the site is not limited to Ukraine, and for sending Products abroad, it is carried out through the national postal operator UKRPOSHTA, or the courier delivery service DHL. When choosing DHL for delivery abroad, the cost of delivery of the goods will be added to the cost of the goods.
6.4. Delays in delivery are possible due to unforeseen circumstances that were not the fault of the Seller.
6.5. Dispatch of the Goods within Ukraine is carried out on working days the next day after placing the order. Orders received on Friday may be shipped on Monday. You can track the movement of a shipment using its number (provided automatically after sending) on the official website of the postal service. Delivery times are governed by the selected postal service.
6.6. Ownership and risk of accidental destruction, loss or damage to the Goods passes to the Buyer at the time the Goods are transferred by the Seller to the carrier. Confirmation of the fact of transfer of the Goods into the ownership of the Buyer is the consignment note from the carrier. By affixing the Buyer's signature to the delivery service documents, he confirms that the Product (order) was received by him in proper condition and completeness.
6.7. Upon delivery, the order is handed over to the Buyer or a third party indicated in the order as the recipient.
6.8. When accepting an order, the Buyer (recipient) is obliged to inspect the delivered goods and check them for compliance with the declared type and completeness of the Goods, as well as check the integrity of the packaging. If there are no complaints about the Product, the Buyer (Recipient) signs the delivery service document. The signature in the documents indicates that the Buyer (Recipient) has not made any claims regarding the condition of the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods in good condition to the Buyer (Recipient).
6.9. If defects are discovered in the Goods, the Buyer is obliged to record them in a folded document of free form or in a form developed by the carrier. The act must be signed by the Buyer and the carrier’s employee. If possible, deficiencies should be recorded by photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing an order for the Goods) about the detected defects and agree on a replacement of the Goods or a refund (subject to payment), while filling out a Complaint Form (an individual additionally fills out Certificate of issuance of funds upon return of goods upon prepayment. All sample documents to be filled out are on the Seller’s website).
6.10. The parties agreed that in case of non-compliance with the mandatory requirements provided for in clause 6.9. of this Agreement, the Buyer is deemed to have received the Goods in good condition and complete.
6.11. You can clarify the date, time and, if necessary, delivery route from the manager, who contacts the Buyer to confirm the order.
6.12. Claims to the quality of the purchased Goods that arise after receipt and payment of the Goods are considered in accordance with the Law of Ukraine “On the Protection of Consumer Rights”. In this regard, the purchase of Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for the purpose of warranty service or replacement, does not provide the opportunity to carry out warranty service or replacement of the Goods by visiting the Buyer, and does not provide for the possibility of returning the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Product as such, in accordance with the Law of Ukraine “On the Protection of Consumer Rights”.
6.13. Payment of delivery costs is carried out by the Buyer to the carrier company independently upon receipt of the Goods. The exact cost of delivery is determined by the carrier company and announced by the company’s courier upon delivery of the Goods to the Buyer. When the Buyer (an individual) chooses a payment method upon receipt of the Goods (cash on delivery), the cost of the Goods includes the cost of transportation costs for delivery of the Goods, while the Buyer does not additionally pay for the delivery of the Goods to the carrier.
6.14. The parties agreed that in the event of delivery of the Goods by a carrier, the Seller declares in the transport documents the minimum insurance value of the Goods, unless the Buyer promptly informs the Seller in writing about the other desired insurance value of the Goods.
7. PROCEDURE FOR EXCHANGE AND RETURN OF GOODS
7.1. The Buyer has the right to exchange the Product of good quality for a similar one from the Seller or return it if such Product does not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose, subject to the following conditions:
• The goods are returned to the Seller within fourteen days from the date of payment for the order;
• The Product has never been in use, does not contain signs of use, is not dented, all elements of the Product are in place, and its presentation, consumer properties, seals, labels, films are preserved, the integrity of the packaging of both the Product itself and its components is not compromised to him;
• The product does not contain scratches, chips, abrasions, and is fully functional; - the complete set of the sold Products is preserved;
• The Buyer has a payment document that was issued to him along with the sold Goods (for individuals, a fiscal check, if its preliminary issuance was provided for by the terms of purchase) - such Goods were available at the Seller’s warehouse and were not specially ordered for the Buyer due to borders.
7.2. If the Product does not meet the conditions specified in clause 7.1. of this Agreement, the Seller has the right to refuse to exchange or return the Product.
7.3. Transportation costs for delivery of the Goods when exchanging or returning such Goods are borne by the Buyer.
7.4. If at the time of exchange a similar Product is not on sale, the Seller returns to the Buyer funds in the amount of the cost of the returned Product, if such Product has been prepaid. The Seller reimburses the Buyer for the cost of the returned Goods in full within 14 (fourteen) calendar days from the date of receipt of the Goods at the Seller’s warehouse and receipt of a duly executed and signed Certificate of Disbursement for the return of goods by the Buyer (a sample of the Certificate is on the website).
7.5. Refunds for paid Products are made exclusively to the person who paid for the order. To transfer funds to the Buyer (individual), the following documents must be added to the Certificate of issuance of funds upon return of goods:
• a copy of the national passport and identification code;
• original fiscal receipt (if issued upon sale of the Goods);
• receipt of payment for the Goods for which funds are being returned.
If the Buyer cannot be identified and the Buyer has not provided all the documents listed above for a refund, the Seller reserves the right to refuse the Buyer a refund.
7.6. The Buyer does not have the right to refuse Goods of proper quality, manufactured for the Buyer on an individual order, having individually defined properties and characteristics, and if the said Goods were specially manufactured for the Buyer. When confirming the purchase of Products to order, the Seller’s manager warns the Buyer about the impossibility of returning such Products if they are of proper quality.
8. PRODUCT WARRANTY
8.1. The Seller provides warranty support for Products whose malfunction was caused by the manufacturer. The warranty is provided for a period of one year.
8.2. The warranty for the Product applies only to the territory of Ukraine.
8.3. The warranty for the sold Products provides for their warranty repair or full or partial replacement with a similar or similar Product. The decision to replace the Product with similar characteristics is made by agreement with the Buyer if repair or replacement with a similar one is impossible. If it is impossible to select a similar Product, the Seller returns to the Buyer the money paid for such Product in accordance with the procedure provided for in this Agreement.
8.4. In order to receive warranty service for the Product, the Buyer must send the Seller a Warranty Claim Certificate to the email address marina@maskilapa.com. Such a Claim Report must contain a description of the defects, and must also be accompanied by photos, videos or other documentation confirming the stated facts of the defect.
8.5. The complaint report from the Buyer is considered by the Seller within 14 (fourteen) working days. After confirmation by the Seller of the warranty case and recognition of the complaint, the Buyer sends the faulty Product or Product that contains significant defects (with full packaging and original box) to the Seller’s address indicated on the website in the “Contacts” section, along with the following documents:
• document confirming payment (in the absence of a fiscal receipt);
• sales receipt (if issued upon sale of the Goods);
• a copy of the passport and identification code (if the Buyer is an individual).
8.6. If warranty repair or replacement is possible, the Seller shall carry out warranty replacement or repair of the Product within 30 (thirty) calendar days from the date of receipt of the Product and the necessary documents. In some cases, this period may be 90 (ninety) calendar days.
8.7. The Seller's warranty obligations are limited to the value of the Product at the time of its sale. The Seller does not reimburse costs associated with dismantling damaged Products and installing new ones. The warranty period for a repaired or replaced Product is equal to the period remaining until the end of the primary warranty period for the Product.
8.8. The warranty is not provided and does not apply to:
• the Goods are damaged by the Buyer as a result of improper use or careless handling;
• for normal wear and tear or exhaustion of the Product;
• failure due to force majeure or force majeure;
• in the presence of mechanical or thermal damage, water damage or deformation;
• in case of foreign objects getting into the Goods;
• if there are signs of outside intervention or self-repairs or modifications;
• in other cases provided for by the current legislation of Ukraine.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The buyer is obliged:
a) read the information about the Product that is posted on the Seller’s website and the terms of this Agreement before confirming the order on the website;
b) place an order independently in the online store;
c) timely pay and receive the Goods from the carrier under the terms of this Agreement;
d) upon receipt of the Goods from the carrier, ensure its integrity and completeness by inspecting the contents of the package. In case of damage and incomplete packaging, record them in a document, which must be signed by the carrier’s employee along with it;
e) comply with other terms of this Agreement.
9.2. The Buyer has the right to demand that the Seller comply with the terms of this Agreement.
9.3. The seller is obliged:
a) comply with the terms of this Agreement;
b) transfer ownership of the Product and all necessary technical documentation for it to the Buyer under the conditions specified in this Agreement;
c) ensure the quality of the Goods in accordance with the conditions and standards that apply to them, and eliminate the shortcomings of the Goods identified by the Buyer.
9.4. The seller has the right:
a) receive payment for the delivered Goods on time and in accordance with the procedure provided for in this Agreement;
b) unilaterally suspend the sale of the Goods under this Agreement in the event of a violation by the Buyer of the terms of this
Copyright © 2019, MLapa, All Rights Reserved.
