PUBLIC OFFER AGREEMENT
to order, purchase-sales and delivery of goods
This agreement is the official and public offer of the Seller to enter into a contract of sale of the Goods presented on the https://ofourfour.com website. This agreement is public, i.e. its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and all other terms of the contract. The contract is considered concluded from the moment of clicking the “Order” button on the ordering page and receiving confirmation of the order in electronic form by the Buyer from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter – the “Offer”) – a public offer of the Seller, addressed to an indefinite number of persons, to enter into a contract with the Seller for the sale of goods remotely (hereinafter – the “Agreement”) on the terms contained in this Offer.
1.2. Goods or Services – the object of the agreement of the parties, which was selected by the buyer on the website of the online store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online store – the Seller’s website at https://ofourfour.com was created for the conclusion of retail and wholesale sales contracts on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – a capable individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the online store for purposes not related to business activities, or a legal entity or individual entrepreneur .
1.5. Seller – “044 GLOBAL” LIMITED LIABILITY COMPANY “044 GLOBAL” LLC, a legal entity established and operating in accordance with applicable law of Ukraine, whose location: 04073, Kyiv, STEPAN BANDERI AVENUE, house 9B
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 under the terms of this Agreement.
2.2. The date of concluding the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the Agreement is the date of filling in the Buyer’s order form located on the website of the Online Store, provided that the Buyer receives confirmation of the order electronically. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3.1. The buyer places an order in the online store through the form “Cart”, or by making an order in any other way.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer at the time of placing the order is incomplete or raises suspicions about their validity.
3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the 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 to the Buyer’s address);
3.3.3. contact phone number.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the website of the Online Store.
3.5. If either Party requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when buying goods in the online store.
3.6. When placing an order through the Seller’s operator (paragraph 3.1. Of this Offer), the Buyer undertakes to provide the information specified in paragraphs 3.3 – 3.4. of this Offer.
3.6. The Buyer’s acceptance of the terms of this Offer is made by the Buyer entering the relevant data in the registration form on the website of the Online Store or when placing an Order through the operator. After placing the Order through the Operator, the data on the Buyer are entered into the database of the Seller.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an order.
3.8. By concluding the Agreement, i.e. accepting the terms of this offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The buyer is fully acquainted with and agrees to the terms of this Offer;
b) The buyer gives permission for the collection, processing and transfer of personal data, permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that his personal data is transferred to the Seller to meet the conditions of this Agreement, the possibility of mutual settlements, as well as to obtain 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 notice to the Buyer in order to fulfill the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the Online Store.
4.2 Prices for Goods and services may change unilaterally by the Seller depending on market conditions. In this case, the price of a single unit of the Goods, the value of which is paid by the Buyer in full, may not be changed by the Seller unilaterally.
4.3. The cost of the Goods, which is indicated on the website of the Online Store, does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to his chosen delivery service (carrier).
4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the address of the Buyer.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the address of the Buyer when the Buyer addresses a request to the Seller by sending an e-mail or when placing an order through the operator of the online store.
4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds on his account.
4.7. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the website of the Online Store in the section “Payment Methods”.
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative during the acceptance of the Goods confirms with his signature in the goods receipt / or in the order / or in the transport consignment note for delivery of goods that has no claims to the quantity of goods, appearance and completeness of goods.
4.10. Ownership and the 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 independent delivery of the Goods from the Seller or during delivery by the Seller.
5. Rights and obligations of the Parties
5.1. The seller must:
5.1.1. Transfer the goods 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 do not provide access to this information to third parties, except as provided by law and during the execution of the Buyer’s Order.
5.2. The seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and Services, unilaterally, placing them on the website of the Online Store. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, read the content 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 necessary information that uniquely identifies him as the Buyer and is sufficient for delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, size, style, color, size or for other reasons can not be used for its intended purpose. The buyer has the right to return the goods of proper quality within 14 (fourteen) days, not including the day of purchase. Return of goods of proper quality is made if it has not been used and if its product appearance, consumer properties, packaging, seals, labels, as well as a payment document issued to the Buyer for payment for the Goods. The list of goods that are not subject to return on the grounds provided for in this paragraph shall be approved by the Cabinet of Ministers of Ukraine.
6.2. Return to the Buyer of the value of the goods of proper quality is carried out within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements of paragraph 6.1. Agreement, current legislation of Ukraine.
6.3. The cost of the goods is refundable by bank transfer to the Buyer’s account.
6.4. Return of the Goods of proper quality to the address of the Seller is made at the expense of the Buyer and the Seller does not reimburse the Buyer.
6.5. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements of the Law of Ukraine “On Consumer Protection”. Upon submission of claims for free elimination of defects, the deadline for their elimination is deducted from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.
6.6. Consideration of the requirements provided by the Law of Ukraine “On Consumer Protection” is carried out by the Seller provided that the Buyer provides the documents provided by current legislation of Ukraine. The Seller is not responsible for defects of the Goods that arose after its transfer to the Buyer as a result of violation by the Buyer of the garment care instructions or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer has no right to refuse the goods of proper quality, which has individually defined properties, if the specified goods can be used only by the Buyer who bought it, (including at the request of the Buyer not standard sizes, characteristics, appearance, complete set and other). Confirmation that the product has individually defined properties is the difference between the size of the product and other characteristics specified in the online store.
6.8. Return of goods, in cases provided by law and this Agreement, is carried out at the address agreed by e-mail to email@example.com
7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, late execution of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous 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. The Seller or the Buyer shall be released from liability for full or partial non-performance of its obligations if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that occurred independently of the Seller’s will and / or Buyer after concluding this agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as other actions under the Law of Ukraine “On Personal Data Protection” “, Without limiting the validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation to provide information by the Seller to contractors and 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 disclosure of such information is required by current legislation of Ukraine.
8.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or inconsistency with its validity.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and / or the Seller have the right to apply to the courts in accordance with applicable law of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally in accordance with paragraph 5.2.1. Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in the manner prescribed by current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
“044 GLOBAL” LIMITED LIABILITY COMPANY
“044 GLOBAL” LLC
04073, Kyiv, STEPAN BANDERI AVENUE, house 9B
p/r USD 26000633646
BANK OF BENEFICIARY Raiffeisen Bank Aval Joint Stock Company,
Leskova street.9, KYIV 01011, Ukraine SWIFTcode: AVALUAUKXXX
Correspondent Account: 890-0260-688
The Bank of New York Mellon, New York, USA SWIFTcode: IRVTUS3N
p/r EUR 26009633647
BANK OF BENEFICIARY Joint Stock Company Raiffeisen Bank Aval, Leskova street.9, KYIV city, Ukraine SWIFTcode: AVALUAUKXXX
Correspondent Account: 55.022.305
Raiffeisen Bank International AG SWIFTcode: RZBAAT WW