Public Contract of Sale and Purchase of Goods
Under this Agreement, 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 jointly referred to as the Parties, have concluded this Public Contract of Sale and Purchase of Goods (hereinafter referred to as the "Agreement" or "Public Agreement"), addressed to an unlimited number of persons, which is an official public offer by the Seller to enter into a contract of sale and purchase of Goods with the Buyers, the photographs of which are posted on the website (hereinafter - "Goods"): https://shop.rekava.com (hereinafter - the "Website", the "Online Store", respectively). The Seller, who sells the Goods through the Online Store, and the Buyers, when purchasing the Goods whose images are posted on the relevant pages of the Online Store, accept the terms of this Agreement as follows.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking the "Purchase" button on the Website page in the relevant section means that the Buyer, regardless of status (natural person, legal entity, natural person — entrepreneur), in accordance with current legislation, has accepted the terms of the Public Offer Agreement set out below. 1.2. The Public Offer Agreement is public, meaning that in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (natural person, legal entity, natural person — entrepreneur). By fully agreeing to the Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of the Goods by the Seller, responsibility for an unfair Order and for non-fulfillment of the terms of this Agreement. 1.3. The terms of the proposal (offer) to conclude this Public Agreement, as well as the terms of the Public Agreement, are the same for all Buyers. 1.4. The Agreement enters into force from the moment the "Purchase" button is clicked, by which the Buyer consents to purchase the Goods available from the Seller and the automatic electronic notification sent by the Seller to the Buyer about the processing of the Order for the Goods, and remains in effect until the Buyer receives the Goods from the Seller and full settlement with the Seller. 1.5. The conclusion of this Public Agreement (the Buyer's acceptance of the Seller's offer) is considered an unconditional and full acceptance by the Buyer of all terms of this Public Agreement without exception, including essential terms, and entry into the relevant contractual legal relations with the Seller.
2. TERMS AND DEFINITIONS
2.1. Unless the context otherwise requires, the capitalized terms used in this Agreement shall have the following meanings:
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"ACCEPTANCE" means the Buyer's full and unconditional consent to the Seller's offer to purchase the Goods whose image is posted on the Website, by adding it to the virtual shopping cart and sending the Order;
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"ONLINE STORE OWNER" means FOP Myskovych Volodymyr Bohdanovych, Taxpayer Accounting Card Registration Number 2786519831;
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"BUYER'S AUTHORIZED PERSON" or "Goods Recipient" means any legally capable person designated by the Buyer in the relevant Order for the Goods as the recipient of the Goods and acting on behalf and in the interests of the Buyer;
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"PUBLIC OFFER AGREEMENT" means a public agreement, the sample of which is posted on the Website and whose application is mandatory for the Seller, containing the Seller's offer to purchase the Goods whose image is posted on the Website, addressed to an indefinite circle of persons, including the Buyers;
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"ORDER" or "GOODS ORDER" means a properly executed and placed application by the Buyer on the Website for the purchase of Goods, addressed to the Seller;
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"ONLINE STORE" means a list of interconnected pages on the Internet at https://shop.rekava.com, created for the purpose of presenting and selling Goods by concluding an electronic transaction;
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"SELLER" means FOP Sydor Andriy Petrovych, Taxpayer Accounting Card Registration Number 2685508553;
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"BUYER" means any legally capable person who, in the manner prescribed by this Agreement, by their own free will, has fully accepted (accepted) all its terms without exception and has purchased the Goods offered for sale by means of remote communication in the Online Store;
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"GOOD" or "GOODS" means the product (products) offered for sale by means of remote communication in the Online Store;
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"AUTHORIZED REPRESENTATIVE" means a person who is authorized and has the right to perform legally significant actions on behalf of the Seller and assume the obligations defined by this Agreement and the legislation of Ukraine;
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"DAY" means a calendar day according to the Gregorian calendar;
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"IMMEDIATELY" means within one business day;
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"BUSINESS DAY" means:
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for the purposes of determining the term for fulfilling a monetary obligation under this Agreement - any day other than weekends and any holidays and non-working days established by the current legislation of Ukraine;
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for the purposes of the terms for fulfilling other obligations - any day on which the Online Store operates; 2.2. All references to time mean local time in Kyiv, Ukraine — UTC/GMT+2 hours. 2.3. All other terms not separately defined in this Agreement are perceived and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject of this Agreement.
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3. SUBJECT OF THE AGREEMENT
3.1. In the manner and on the terms established by this Agreement, the Seller undertakes to transfer ownership of the Goods selected by the Buyer according to the Order, and the Buyer undertakes to accept and pay for the Goods in the manner and on the terms established by this Agreement. 3.2. The right of ownership to the Goods passes to the Buyer or the Goods Recipient at the moment the Goods are handed over (transferred) and subject to full payment of the cost of the Goods by the Buyer in the manner and on the terms established by this Agreement. 3.3. The Buyer is obliged to independently familiarize themselves with the terms of this Agreement, and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement other than publishing it on the Website. 3.4. The Online Store Owner reserves the right to unilaterally change this Agreement without any special notification to third parties. The new version of the Agreement enters into force from the moment of its posting on the Website, unless otherwise provided by the new version of the Agreement.
4. GOODS ORDER AND PROCEDURE FOR AGREEMENT CONCLUSION
4.1. The Buyer independently and at their own discretion selects the available Goods offered for sale in the Online Store and clicks the "Add to Cart" button, and independently fills out and sends the "Your Order" form to the Seller, in which they must, in particular, specify their surname, name, contact phone number, email address, chosen payment method, chosen delivery method and desired place of delivery of the Goods, and other information at their own discretion. 4.2. After filling out the "Your Order" form, the Buyer must carefully read all the terms of this Agreement and, in case of full Acceptance of these terms - click the "Purchase" button, which is considered the fact of sending the relevant Order for the selected Goods by the Buyer, as well as the unconditional and full acceptance by the Buyer of all terms of this Agreement. 4.3. By clicking the "Purchase" button, the Buyer confirms that they have been informed by the Seller about the location and operating mode of the Seller's Online Store, about the Goods (including the price, main characteristics and consumer properties of the Goods, the warranty period for the Goods), the terms of payment and delivery of the Goods, the procedure for accepting claims, etc. 4.4. By clicking the "Purchase" button, the Buyer confirms that they have fully and properly received all necessary, accessible, reliable, and timely information about the Goods selected by them in accordance with the requirements of the legislation of Ukraine, which fully ensured the possibility of a conscious choice of the Goods. 4.5. The term for processing the Order for the Goods by the Seller is up to 2 (two) business days from the date the Buyer places the Order. If the Order for the Goods was sent by the Buyer on a weekend or public holiday, the term for processing and executing this Order for the Goods begins on the first business day after the weekend or public holiday. 4.6. Within the term established by clause 4.5 of this Agreement, the Seller undertakes to:
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confirm the availability of the Goods and assign a sequential number to the Order;
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send information about the processing of this Order for the Goods to the email address specified by the Buyer in the Order for the Goods, which indicates the sequential number of this Order for the Goods assigned by the Seller, and information about the delivery time of the Goods ordered by the Buyer, or inform the Buyer about the acceptance of the Order for work in another way, in particular, by telephone. 4.7. If the Buyer has chosen a cashless method of payment for the Goods in the Order for the Goods, then within the term established by clause 4.5 of this Agreement, the Seller undertakes to send an invoice for payment of the Goods ordered by the Buyer to the email address specified by the Buyer in such an Order. 4.8. The Seller has the right to reject the Order in case of actual absence of the Goods in stock, by sending an electronic notification to the Buyer. In such a case, the rights and obligations of the Parties related to the sale, delivery and transfer of the ordered Goods to the Buyer and payment for them to the Seller provided for by this offer cease, and the cost of the Goods paid by the Buyer with a bank card online is returned to the card from which the payment was made. 4.9. The Seller makes maximum efforts to provide information about the Goods as accurately as possible. However, due to technical reasons, situations are not excluded in which the information may contain inaccuracies or appear incomplete. Therefore, the Seller reserves the right to correct errors, change, or update information about the Goods at any time. 4.10. Given the specifics of the visual display of various Goods on a monitor screen (mobile device screen), some colors may slightly differ from the colors of actual samples. 4.11. In case of significant inaccuracies in the description of the Goods ordered by the Buyer, the Seller is obliged to notify the Buyer of the discovered inaccuracies and independently refuse to fulfill or provide the Buyer with the opportunity to refuse the Order. 4.12. To confirm the Order, a representative of the Online Store may contact the Buyer, who clarifies the details of the Order, the date, and time of delivery. In case of non-receipt (impossibility of receipt) of confirmation from the Buyer, the Seller has the right to cancel such an Order.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Buyer is obliged to: 5.1.1. provide the Seller with complete and reliable information regarding their data; 5.1.2. familiarize themselves with the information about the Goods, as well as the cost and methods of delivery of the Goods on the Website; 5.1.3. in the manner and on the terms established by this Agreement, pay for and accept the ordered Goods; 5.1.4. upon receipt of the Goods from the person who delivered them, ensure the integrity and completeness of the Goods by inspecting the contents of the packaging; 5.1.5. during the warranty period, keep the relevant settlement document (receipt, commercial or cashier's check) confirming the sale of the Goods; 5.1.6. fulfill other obligations stipulated by this Agreement and the current legislation of Ukraine. 5.2. The Buyer has the right to: 5.2.1. demand the Seller to fulfill the terms of this Agreement; 5.2.2. refuse to accept and pay for low-quality or incomplete Goods or Goods that do not comply with the submitted Order for these Goods; 5.2.3. exercise other rights stipulated by this Agreement and the current legislation of Ukraine. 5.3. The Seller is obliged to: 5.3.1. provide the Buyer with complete and reliable information about the Goods, as well as their cost, by posting this information on the Website; 5.3.2. on the terms established by the Agreement, transfer the Goods to the Buyer or the Goods Recipient in accordance with the selected sample on the relevant page of the Website, the executed Order, and the terms of the Agreement; 5.3.3. check the quality and quantitative characteristics of the Goods during their packaging at the warehouse. 5.4. The Seller has the right to: 5.4.1. demand the Buyer to fulfill the obligations imposed on them, according to the terms of this Agreement; 5.4.2. unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement, as well as change or terminate this Agreement. Such change or suspension of this Agreement does not apply to orders made before such changes that were accepted for execution.
6. AGREEMENT PRICE. GOODS PAYMENT PROCEDURE
6.1. The price for the Goods is indicated on the Website in the national currency of Ukraine (hryvnia) per unit of Goods according to the established price list. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual shopping cart. The delivery price, which is determined depending on the delivery method, is set by the relevant courier service and is paid by the Buyer directly to them. 6.2. The Seller reserves the right to change the price of the Goods until the Order is placed without prior notice to the Buyer. 6.3. The final price is the price indicated in the relevant section on the Website for cashless payment by bank card, or the price indicated in the relevant section on the Website at the time the Buyer receives the invoice number when paying through payment terminals, or the price indicated in the issued invoice. 6.4. The cost of the Order may vary depending on the price, quantity, or nomenclature of the Goods. 6.5. Payment for the ordered Goods is made in accordance with the terms specified on the Website in the "Payment" section. 6.6. Settlements between the Parties regarding the terms of this Agreement are made in the national currency of Ukraine in one of the following ways: 6.6.1. cash or cashless payment to the Seller's Authorized Person or a representative of the courier service upon receipt of the Goods; 6.6.2. cashless transfer to the Seller's bank card; 6.6.3. by cashless payment on the Seller's Online Store Website. 6.7. Payment for the cost of the ordered Goods, the value of which exceeds 49,999.99 (forty-nine thousand nine hundred ninety-nine hryvnias 99 kopecks) hryvnias, is made by the Buyer only by cashless payment. 6.8. The date of payment of the cost of the Goods by the Buyer is considered to be the date the corresponding amount of funds is credited to the Seller's current account. 6.9. Before delivering the Goods to the Buyer, employees of the Online Store, and/or the courier, and/or a third party delivering the ordered Goods on behalf of the Seller, have the right to demand that the Buyer provide a document confirming the fact of payment for the Goods. 6.10. Non-fulfillment by the Buyer of their obligations to pay for the Goods ordered by them is considered a unilateral refusal by the Buyer of this Agreement in full, which, accordingly, results in the full termination of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.
7. GOODS DELIVERY. TRANSFER OF OWNERSHIP OF GOODS
7.1. Delivery of the ordered Goods is carried out in accordance with the terms specified on the Website in the "Delivery" section. 7.2. Delivery of the Goods is carried out by a courier service at the Buyer's expense. 7.3. The Seller undertakes, within the period specified in the relevant automatic electronic notification about the processing of the Order, but in any case no later than 30 (thirty) calendar days from the moment the Buyer concludes this Agreement, to deliver the ordered Goods to the Buyer or the Goods Recipient and hand them over/transfer them at the Goods delivery location specified by the Buyer in the relevant Order. 7.4. During delivery, the courier service is responsible for the safety of the Goods until they are transferred to the Buyer. 7.5. In case of delay in the delivery of the Goods not due to the fault of the Seller, the delivery period may be extended by 10 calendar days, provided that the seller notifies the Buyer of the delay in advance by sending a corresponding notification to the Buyer's email or by phone number specified by the Buyer. Such extension of terms is not a breach of obligation under the Agreement. 7.6. The Goods are transferred to the Buyer or Recipient in a properly packaged form. 7.7. Along with the Goods, the Seller transfers to the Buyer or the Goods Recipient: 7.7.1. one copy of the Order form for the Goods executed by the Seller; 7.7.2. a settlement document (receipt, commercial or cashier's check) with a note on the date of sale (date of transfer) of the Goods; 7.7.3. instructions for the care of the Goods; 7.7.4. warranty terms for the Goods. 7.8. Ownership of the Goods passes to the Buyer or the Goods Recipient only under the following conditions: 7.8.1. 100 (one hundred) % payment of the cost of the Goods in the manner and on the terms established by this Agreement; 7.8.2. presentation by the Buyer or the Goods Recipient of a document proving their identity; 7.9. In the absence of the Buyer at the delivery address specified by the Buyer in the application, or the Buyer's refusal to receive the Goods for unsubstantiated reasons upon delivery, the Goods are returned to the Seller. Payment for delivery services, in case the Seller engages a courier service, is paid by the Buyer. All issues arising in the process of payment and receipt of the Goods can be clarified by the Buyer using the contact details: info@candles.lviv.ua or by phone +380504309029
8. WARRANTY TERMS
8.1. All Goods purchased in the Online Store are covered by the Seller's warranty. The warranty period is 14 days. 8.2. The warranty period for the operation of the Goods begins from the moment of sale of the Goods. All warranty conditions are governed by the current legislation of Ukraine. 8.3. In case of discovery of significant defects during the warranty period that arose due to the fault of the manufacturer of the Goods, the Buyer, in the manner and within the terms established by the legislation of Ukraine, has the right, at their discretion, to demand from the Seller: 8.3.1. termination of the Agreement and return of the monetary amount paid for the Goods; 8.3.2. replacement with the same Goods; 8.3.3. free elimination of defects. 8.4. The warranty does not apply to: 8.4.1. products that show signs of violation of operation, including, but not limited to, tears, stretching, tightening, signs of impact and mechanical damage: dents, chips, minor scratches, signs of deformation, improper cleaning, or other violations of the proper operation of the Goods (products). 8.4.2. damage (external or internal) caused by any mechanical impact, shock or vibration loads, application of external force to parts of the Goods (product), cracks, chips, scratches, burrs on surfaces, deformation of materials and parts, etc.; 8.4.3. damage to the Goods as a result of violation of operating rules; 8.4.4. damage resulting from exposure of the Goods to caustic chemicals or solvents. 8.5. The warranty is void in cases of: 8.5.1. violation of operating rules or misuse of the Goods; 8.5.2. absence of documents confirming the purchase of the Goods; 8.5.3. contacting the Seller after the expiration of the warranty period. 8.6. If a document confirming the purchase of the Goods is available, the Buyer, if warranty service is necessary, contacts a representative of the Online Store.
9. RETURN AND EXCHANGE OF GOODS
9.1. The Buyer has the right, within the period established by the current legislation of Ukraine, to exchange Goods of proper quality for an analogous one with the Seller, if the Goods did not satisfy them in terms of shape, size, style, color, size, or for other reasons cannot be used by them for their intended purpose. The return of Goods of proper quality is possible within the terms provided by the legislation of Ukraine, if the goods have not been used, have retained their commercial appearance, consumer properties, labels, and are accompanied by documents issued together with the Goods upon their purchase. 9.2. The return of the Goods must be carried out by the Buyer in the original packaging in which they or the Goods Recipient received these Goods. 9.3. The return or exchange of the Goods, as well as the refund of funds, is carried out by the Seller in accordance with the procedure and terms defined by the current legislation of Ukraine, this Agreement, and the information on the procedure for returning the goods specified on the Website. 9.4. The list of goods of proper quality that are not subject to return is approved by the resolution of the Cabinet of Ministers of Ukraine "On the Implementation of Certain Provisions of the Law of Ukraine 'On Consumer Rights Protection'" dated March 19, 1994, No. 172. 9.5. The return or exchange of Goods with postal delivery is carried out with the help of the relevant courier service. 9.6. The return or exchange of the Goods, and the refund of funds, is carried out upon the Buyer's provision to the Seller's representative of: 9.6.1. the passport (passport data) of the Buyer of the Goods; 9.6.2. documents confirming the purchase (cashier's check, expenditure invoice, payment terminal check, bank receipt with a note on payment) of the returned Goods; 9.6.3. an application for a refund of funds, drawn up in an arbitrary form. The refund of funds for the Goods is carried out exclusively in the manner used by the Buyer when paying for them. 9.7. If, at the time the Buyer contacts the Seller with a demand for the exchange of Goods of proper quality for another analogous Good, the Good necessary for the exchange is not available for sale in the Online Store, the Buyer has the right to: 9.7.1. exchange the purchased Goods for any other Goods from among the Goods available for sale in the Online Store with a corresponding recalculation of the cost of the Goods according to the current legislation of Ukraine; 9.7.2. terminate this Agreement in the manner established by this Agreement; 9.7.3. exchange the received Goods for another analogous Good upon its first arrival for sale in the Online Store. In this case, the Seller undertakes to notify the Buyer about this on the day such Goods arrive for sale. 9.8. The Buyer's claims are not subject to satisfaction if the Seller proves, on the basis of an expert opinion, that the defects in the Goods arose as a result of the Buyer's violation of the rules for using the Goods, or the conditions of their storage, or the conditions of return. 9.9. The Seller returns the cost of the returned Goods to the Buyer no later than 12 (twelve) banking days from the date of receipt by the Seller of the Buyer's written application with all accompanying documents for the returned Goods, subject to the completion of complete and correct data. The term for refunding funds for problematic (disputed) returns (non-compliance with the order placed on the Website, damage, improper quality, etc.) may differ from the one specified above (for the period of the Seller clarifying the causes of damage, confirming non-compliance, etc.).
10. LIABILITY OF THE PARTIES
10.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties bear responsibility in accordance with this Agreement and the current legislation of Ukraine. 10.2. The Seller is not responsible for the actions of third parties (specialists in the field of information technology). 10.3. The Seller does not store information about the Buyer's bank details, and therefore the Seller is not responsible for their dissemination.
11. CONFIDENTIALITY. PERSONAL DATA PROTECTION
11.1. Any information contained in this Agreement and received by the Parties in the process of its execution is confidential (according to Appendix No. 1 "Privacy Policy"), and is not disclosed to third parties without the written consent of the other Party, except in cases that do not require written consent for this from the other Party, namely in the case when such disclosure is carried out for the execution of this Agreement or is provided for by the legislation of Ukraine.
12. FORCE MAJEURE CIRCUMSTANCES
12.1. A Party is released from liability for partial or complete non-fulfillment of its obligations under this Agreement if such non-fulfillment is a consequence of Force Majeure circumstances that arose after the signing of this Agreement. The Party relying on Force Majeure circumstances must prove that: 12.1.1. the force majeure circumstances are beyond the control of the Party; 12.1.2. the occurrence of such circumstances could not have been foreseen at the time of concluding the Agreement; 12.1.3. such Party, after the occurrence of Force Majeure circumstances, could not avoid or overcome them; 12.1.4. the force majeure circumstances are not due to the actions (inaction) of the other Party. Release from liability applies only to obligations whose fulfillment is directly impeded by Force Majeure circumstances, and such release is valid only for the period during which such Force Majeure circumstances continue. Force Majeure circumstances are not a basis for release from liability for violation of the fulfillment of payment (monetary) obligations under this Agreement. 12.2. The Party that cannot fulfill its obligations due to Force Majeure circumstances shall immediately, but no more than within 3 (three) business days, notify the other Party in writing about such circumstances. The existence and duration of Force Majeure circumstances must be confirmed by a document issued by the relevant Body. The Party relying on Force Majeure circumstances must provide the original of such a document to the opposite Party within 15 (fifteen) business days after the occurrence of such circumstances. 12.3. If Force Majeure circumstances last longer than 3 (three) months or can reasonably be expected to last longer than 3 (three) months, or if Force Majeure circumstances arose due to the adoption of new legislation, the Parties shall immediately begin negotiations and agree on amendments to this Agreement that are necessary to enable the Parties to continue fulfilling their obligations under this Agreement in a manner that most accurately reflects their initial intentions.
13. TERMINATION OF THE AGREEMENT
13.1. The Buyer has the right to terminate the Agreement in the cases and within the terms established by the current legislation of Ukraine, having notified the Seller about this in the manner established by the Agreement. 13.2. A notice of termination of the Agreement is considered to be the Buyer's application for the return of funds paid for the Goods, sent to the Seller in the manner provided for by the Agreement. 13.3. The Agreement is considered terminated from the moment the Seller receives the application and processes the Buyer's settlement document for the return of funds paid for the Goods. 13.4. To exercise their right to terminate the Agreement, the Buyer must necessarily retain and present to the Seller the corresponding settlement document of the established form (receipt, commercial or cashier's check) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods. 13.5. The Buyer's termination of the Agreement results in the return of the purchased (received) Goods to the Seller in the manner established by the Agreement.
14. DISPUTE RESOLUTION PROCEDURE
All disputes that arise between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under the Agreement can be settled at the request of one of the Parties through negotiations, amicable agreements, etc. A dispute not settled through negotiations is resolved in court at the defendant's location in accordance with the current legislation of Ukraine.
15. FINAL PROVISIONS
15.1. The withdrawal or change of the terms of the proposal (offer) to conclude this Public Agreement, as well as the change of the terms of the Agreement, can be carried out by the Seller at any time without additional warning to the Buyer. 15.2. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, change, and termination of this Agreement, the interpretation of its terms, the determination of the consequences of invalidity or breach of the Agreement, are regulated by this Agreement and the relevant norms of the current legislation of Ukraine, as well as the customs of business turnover applicable to such legal relations on the basis of the principles of good faith, reasonableness, and fairness. 15.3. This Agreement is drawn up with the Parties' full understanding of its terms and terminology in the Ukrainian language.
Appendix 1. to the Public Contract of Sale and Purchase of Goods Privacy Policy
1. TERMS AND DEFINITIONS
1.1. "WEBSITE" means a set of web pages located at: https://shop.rekava.com. 1.2. "COMPANY" means a legal entity registered and operating in accordance with the norms and requirements of the current legislation of Ukraine: FOP Myskovych Volodymyr Bohdanovych, Taxpayer Accounting Card Registration Number 2786519831. 1.3. "PERSONAL DATA" means data or a set of data about a natural person by which they can be identified. 1.4. "CLIENT/WEBSITE VISITOR" means a natural person who has reserved or purchased Goods on the Website and/or a natural person who has visited at least one web page of the Website. 1.5. "GOODS" means an individual movable item, a set of movable items (excluding monetary funds, currency values, securities, property rights, and obligations), and which are freely available for sale (not withdrawn from sale, not reserved by other persons, and without other restrictions) on the Website. 1.6. "COOKIE" means a text file or files containing a small amount of information that are sent to the web browser and stored on the user's device. Such devices may include a computer, mobile phone, or other device through which the user visits the Website.
2. ABOUT THE COMPANY
2.1. FOP Myskovych Volodymyr Bohdanovych, Taxpayer Accounting Card Registration Number 2786519831 is the administrator of the Online Store. 2.2. The Company treats the confidential (personal) information of all persons who have visited the Website, without exception, and those who use the services provided by the Website, with great respect; in connection with this, the Company strives to protect the privacy of personal data, thereby creating and ensuring the most comfortable conditions for using the Website's services for every user. 2.3. The Company controls the methods of collecting Personal Data and determines the purposes for which personal data are used by the Company. The Company is a "data controller" for the purposes of the EU General Data Protection Regulation 2016/679 (GDPR) and other European data protection legislation, as well as the "owner of personal data" within the meaning of the Law of Ukraine "On Personal Data Protection" dated 01.06.2010 No. 2297-VI. 2.4. The Company processes Personal Data only if one of the conditions specified in Article 6 of the GDPR is met, including, but not limited to: 2.4.1. the Client/Website Visitor has given consent to the processing of Personal Data; 2.4.2. the processing is necessary for the purpose of concluding/executing a contract of sale and purchase or providing services to the Client/Website Visitor; 2.4.3. such processing is required by the legislation of the countries to/from which the goods are delivered, etc. 2.5. By clicking the "Purchase" button on the Website, the Client/Website Visitor thereby agrees to the transfer of their personal data to the Company, their processing, storage, and use, including by third parties, in accordance with this Privacy Policy.
3. SUBJECT OF THE AGREEMENT
3.1. The Company may collect and process the following categories of Personal Data: 3.1.1. name/surname, passport number, other identifying data; 3.1.2. contact details or registration data; Contact details may include address, phone number, and email address. When the Client/Website Visitor orders Goods, the Company may also record the data that the Client/Website Visitor entered in the order form. 33.1.3. information about reservation and/or purchase; When the Client/Website Visitor makes a purchase or reservation of Goods from the Company, the Company processes information about such actions. This information may include data on the Goods, price, payment date, reservation. In addition, the Company processes information in connection with additional services (such as delivery, return, etc.). 3.1.4. participation in the Company's loyalty program (if such a program exists); When the Client/Website Visitor becomes a member of one of the loyalty programs, the Company processes the client number, bonuses, type and level of client participation, and other information in connection with participation in the program. 3.1.5. communication between the Company and the Client/Website Visitor; When the Client/Website Visitor sends an email to the Company, contacts via chat or social network, the Company registers such communication. The Company also registers the preferences of the Client/Website Visitor regarding communication methods. For example, when the Client/Website Visitor unsubscribes from one of the Company's mailings or chooses to receive information regarding the reservation (such as payment, delivery, participation in the loyalty program, etc.) through other channels (for example, Telegram, Facebook Messenger, Instagram, etc.). When the Client/Website Visitor calls customer support, the Company registers the question or complaint in the database. The Company also records telephone conversations for training and fraud prevention. 3.1.6. information collected by the Company when the Client/Website Visitor uses the Website, or other digital media; When the Client/Website Visitor visits the Website or uses one of the Company's mobile applications (if available), the IP address, browser type, operating system, the website through which the Client/Website Visitor arrived, and browsing and application usage behavior may be recorded. The Company also collects information through cookies and similar technologies when the Client/Website Visitor visits the Website or uses the Company's mobile application (if available). The Company may receive an automatic notification when the Client/Website Visitor opens emails from the Company or clicks on links in these emails. 3.1.7. with the permission of the Client/Website Visitor, the Company also receives data about their location; 3.1.8. the Client/Website Visitor may also agree to provide the Company with access to certain data stored on their mobile phone (photos and contacts); 3.1.9. information about social networks; 3.1.10. data that the Client/Website Visitor decided to share with the Company. The Client/Website Visitor may choose to share data with the Company, for example, when the Client/Website Visitor leaves a comment for the Company on Facebook, fills out a customer questionnaire, or submits an application for a contest (promotion or other social marketing activity of ours). 3.2. Cookies and similar technologies. When the Client/Website Visitor uses the Website and/or mobile application (if available), the Company collects information through cookies and similar technologies. 3.3. Special services, applications, or events. For special services, applications, or events, the Company collects other types of data and uses this data for purposes other than those described in this Privacy Policy. The Company informs the Client/Website Visitor about this when the Client/Website Visitor signs up for special services, events, or downloads the application (if available). 3.4. The Company DOES NOT collect, DOES NOT process, and DOES NOT store any Personal Data related to the procedure for paying the cost of the Goods using the internet payment system installed on the Website. The Company bears no responsibility and assumes no obligations regarding the processing of the Client's Personal Data when they use the internet payment system.
4. COLLECTION AND USE OF PERSONAL DATA
4.1. The owner and administrator of the personal data of the Website users is FOP Myskovych volodymyr Bohdanovych, Taxpayer Accounting Card Registration Number 2786519831. 4.2. When the user uses the Website services, the Company processes the user's data, namely: 4.2.1. data provided by the user both when filling out registration forms and in the process of using the services; 4.2.2. cookie files; 4.2.3. IP addresses; 4.2.4. parameters and settings of internet browsers (User-agent), etc. 4.3. The Company collects only those personal data (for example, name and surname, access login and password, email address, contact phone number, date of birth, gender, etc.) that are consciously and voluntarily provided by the Client/Website Visitor as a subject of personal data for the purpose of using the Website's services, which, in accordance with the requirements of the legislation, is the consent of the personal data subject to the processing of their personal data in accordance with the purpose of their processing formulated in this Policy. When visiting the Website, all entries into the system are recorded. The Company limits itself to collecting the minimum amount of information necessary exclusively to fulfill the request of the personal data subject. In any case, when non-mandatory information is requested, the user will be informed at the time of collecting such information. The Company does not collect any information for the processing of which certain requirements are established by law, such as information about racial or ethnic origin, political, religious, or philosophical beliefs, membership in political parties and trade unions, conviction of a criminal offense or conviction of a criminal penalty, as well as data related to health, sexual life, biometric or genetic data (in accordance with Article 7 of the Law of Ukraine "On Personal Data Protection"). The Company collects data on Website visit statistics. The information may include information about the connection, traffic, user's browser, as well as the date, time, duration of work on the Internet, and presence on the Website.
5. PURPOSES OF USING PERSONAL DATA
5.1. The main purposes of the Company's use of the Personal Data of the Client/Website Visitor are as follows: 5.1.1. Sale of Goods through the Website and provision of related services. 5.1.2. To ensure loyalty programs (if available). 5.1.3. To provide online services and mobile applications (if available). 5.1.4. For statistical research. General data. The Company uses automated tools to conduct statistical research of general trends in sales, use of the Website, effectiveness of marketing activities, loyalty programs, applications (if available) and social networks, as well as customer and user behavior and preferences. Data categories. To perform this research, the Company may use the data categories described above, including order data, purchased additional services, loyalty program profile, and personal data (gender, zip code). The Company combines this data with data collected through cookies and similar technologies when the Client/Website Visitor visits the Website or uses mobile applications (if available). The Company combines them with data (aggregated) collected by third parties using analytical or marketing cookies and similar technologies. For analysis, the Company uses only aggregated data and does not use the name or email address of the Client/Website Visitor. Without the consent of the Client/Website Visitor, the Company does not use special categories of data for this statistical research. Examples. The Company uses order data and purchased additional services to form the most optimal assortment of goods and services and to ensure relevant offers. For example, the Company uses customer surveys to measure the level of satisfaction, to understand what is important to customers, and how the Company can improve services and form a current assortment of goods. The Company uses cookies and similar technologies to evaluate how visitors view the Website, so that the Company can make navigation more convenient. 5.1.5. To send updates and special offers according to the interests of the Client/Website Visitor. 5.1.6. For other direct marketing purposes. 5.1.7. To communicate with Clients/Website Visitors. 5.1.8. For accounting and fulfillment of obligations imposed by law. 5.1.9. The law may require the Company to collect and transmit identifying data, information about the Client's/Website Visitor's order to government agencies or governmental organizations for tax control. 5.2. Legal basis. The Company processes Personal Data for exclusively lawful purposes to offer the most interesting Goods and services to Clients, improve loyalty programs, provide more adequate customer support, improve the design and content of websites and mobile applications (if available). 5.3. Right to object. The Client/Website Visitor has the right to object at any time, on grounds related to their particular situation, to the processing of their Personal Data for statistical research (see "Your Rights" below).
6. PERIOD OF STORAGE OF PERSONAL DATA
6.1. Personal Data is stored for a period no longer than necessary in accordance with the purpose of its processing. 6.2. After the personal data subject ceases to be a user of the Website by deleting their account on the Website, their personal data is also automatically deleted.
7. DISCLOSURE OR TRANSFER OF DATA TO THIRD PARTIES
7.1. General information. The Company may disclose or transfer the personal data of the Client/Website Visitor to group companies, loyalty program partners, service providers, and subcontractors for the purposes indicated below: 7.1.1. for auxiliary services; 7.1.2. for the Company's loyalty programs and benefits; 7.1.3. statistical research and direct marketing. 7.2. In order for the Client/Website Visitor to be able to use the services of the Company's partners. 7.3. With the permission of the Client/Website Visitor, the Company may provide data to partners to enable the Client/Website Visitor to use their services, which the Company includes in its services or applications (if available). Although the Company chooses its partners carefully, these partners have their own privacy policies that apply to how they process the personal data of the Client/Website Visitor. 7.4. For secure orders. 7.5. Government bodies. The law may require the Company to collect and transmit identifying data of the Client/Website Visitor, information about orders to government agencies or governmental organizations for tax control, etc. 7.6. Third-party sites. The Website and mobile applications (if available) contain links to third-party sites. If the Client/Website Visitor follows these links, the Client/Website Visitor leaves the Website and/or mobile application (if available). This Privacy Policy does not apply to third-party sites. The Company does not assume responsibility for the use of the Personal Data of Clients/Website Visitors by third parties. The Client/Website Visitor uses these sites at their own risk. For additional information on how third parties process the Personal Data of the Client/Website Visitor, please read their privacy policies, if available.
8. SECURITY AND STORAGE
8.1. The Company takes appropriate technical and organizational measures to protect the Personal Data of the Client/Website Visitor from loss and misuse.
9. CROSS-BORDER DATA TRANSFER
9.1. The Company may transfer the personal data of the Client/Website Visitor to countries that are not their country of residence (including countries outside the European Economic Area). This occurs during the organization of the process of providing services and selling goods or because partner companies providing services operate in various countries around the world. The laws in these countries may not provide the same level of protection for the Personal Data of the Client/Website Visitor. 9.2. The transfer of Personal Data to countries that are not the country of residence of the Client/Website Visitor is often necessary for the sale of goods and the provision of services by the Company. In other cases, the Company ensures adequate protection to comply with the requirements of cross-border transfer of Personal Data according to applicable data protection laws.
10. USE OF COOKIE FILES
10.1. When the user revisits the Website, the cookie file data is updated. 10.2. In most cases, the web browser allows the automatic storage of cookie files on the user's device by default. 10.3. Disabling cookie files may lead to limited access to published materials and/or incomplete functioning of the Website services. 10.4. The Company cares about its users and tries to make their stay on the Website as comfortable as possible, for this, the Company needs, with the help of cookie files, to analyze the user's behavior, preferences, and interests. Such analysis will help the Company improve the experience of interacting with the Website, determine the most convenient interface and navigation of the Service. 10.5. The Website may share information with other parties, including media clients, advertisers, agencies, and partners in related businesses, in order for them to provide quality targeted advertising. 10.6. The Website cannot influence the operation of cookie files used by other services. All necessary information about their use can be found by visiting the corresponding resource. 10.7. To contact the Company regarding the use of cookie files, send an email to info@candles.lviv.ua 10.8. If the user does not enable the use of cookie files or intentionally deletes all cookie files from their web browser, the user will be prompted again to enable and use cookie files upon subsequent visits to the Website. 110.9. Information about users obtained using cookie files is not sold or disseminated in open access, and is the property of the company that owns the resource.
11. SAFETY OF MINORS
11.1. The Website is not intended for minor users. The Company takes security issues very seriously, especially regarding minors, and therefore, the Company appeals to parents to explain to their children about safety issues on the Internet, their specific purpose, and the need to use certain Website services. A Buyer can only be a natural person who has reached the age of 18 and has full legal capacity. 11.2. If the legal representatives of a child become aware that the child's Personal Data has been provided to the Company, such legal representative should contact the Company with a request to delete such data. In such a case, the Company will take measures to delete this information.
12. RIGHTS OF VISITORS/CLIENTS REGARDING PERSONAL DATA
12.1. The Client/Website Visitor may contact the Company to exercise any rights granted by the current data protection legislation, including the following: 12.1.1. Right of access. The Client/Website Visitor has the right to send a request asking whether the Company processes any of their personal data, and if so, to gain access to this data in the form of a copy. By ensuring the right of access, the Company also provides additional information, such as the purpose of processing, categories of Personal Data, as well as any other information needed by the Client/Website Visitor to exercise such a right of access. 12.1.2. Right to rectification. The Client/Website Visitor has the right to rectification of data in case of inaccuracy or incompleteness. Upon request, the Company corrects incorrect data about the Client/Website Visitor, taking into account the purpose of processing, and supplements incomplete personal data, which may include providing an additional report. 12.1.3. Right to erasure. The Client/Website Visitor has the right to the erasure of their Personal Data, which means the deletion of the data by the Company and, where possible, by other controllers to whom this data came from the Company. The erasure of Personal Data can take place only in certain cases provided by law, listed in Article 17 of the General Data Protection Regulation (GDPR). This excludes situations where the Personal Data of the Client/Website Visitor is no longer needed in view of the original purpose of their processing. Given the way the Company provides certain services, it may take some time to erase backup copies. 12.1.4. Right to restriction of processing. The Client/Website Visitor has the right to restriction of the processing of their Personal Data, which means that the Company must cease processing your data for a certain period of time. Circumstances that may cause the exercise of this right include situations where the accuracy of the Client's/Website Visitor's Personal Data is contested, but some time is needed to verify their accuracy or inaccuracy. This right does not prevent the Company from continuing to store the personal data of the Client/Website Visitor. The Company informs the Client/Website Visitor before the restriction is lifted. 12.1.5. Right to data portability. The Client/Website Visitor has the right to data portability, which means that the Client/Website Visitor can request to provide their personal data in a structured, commonly used, machine-readable format and transfer this data directly to another controller, as far as technically possible. 12.1.6. Right to object. The Client/Website Visitor has the right to object to the processing of Personal Data, which means that the Client/Website Visitor can demand that the Company no longer process their personal data. This applies only in the case of "legitimate interest" as a basis (including profiling) for processing. At any time and free of charge, the Client/Website Visitor may object to the use of personal data for direct marketing purposes if your personal data is processed for this purpose, including profiling, to the extent that it is related to direct marketing. In case of exercising this right, we will no longer be able to use your personal data for this purpose. 12.2. The Client/Website Visitor has the right to withdraw their consent at any time according to special instructions. For example, the Client/Website Visitor has the right to withdraw consent by clicking the "unsubscribe" link in an email, changing settings on a smartphone (for mobile push notifications and location data). You can also contact the Company. 12.3. For additional information on how to withdraw your permission for cookies and similar technologies that the Company uses when the Client/Website Visitor visits the Website or uses the application (if available), please refer to the rules regarding cookies on the Website or in the mobile application (if available). There may be situations when the Company has the right to refuse or limit rights, as described above. 12.4. The Client/Website Visitor also has the right to contact the Company with any questions, comments, and complaints regarding this Privacy Policy.
13. RULES FOR EDITING THE PRIVACY POLICY
13.1. The Company has the right to periodically change this Privacy Policy. Changes to the Privacy Policy come into force after their publication on the Website.