Public offer

1.Terms and definitions In this offer, unless the context otherwise requires, the following terms have...

1.Terms and definitions

  1. In this offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part of:

• Seller — FOP hristoforova Lina G. (Legal address: Kiev, street of Tolstoy, d. 25 kv 82 enterprise code EDRPOU 3077913742, INN 3077913742, tel: 0677814044 email: l.khrystoforova@gmai.com).

• Buyer — any individual who accepted the public offer on the terms and conditions hereof.

• Online store — the official online shop of the Seller «Bagpack» located at the web address bagpack.com.ua. In the framework of the present contract, the concept of the online store and Shop, as well as Internet addresses bagpack.com.ua and derived from bagpack.com.ua are equivalent and are treated authentic by the context of the offer.

• Product — object of the agreement of the parties, a list of product names presented in the official online store.

• Terms of sale – terms of sale of goods in online store «Bagpack» are published in the section «payment and delivery» .

2.General provisions

2.1. This public offer (hereinafter — Agreement) is an official offer FOP KHRISTOFOROVA L. G. In the address of any natural person having legal capacity and necessary power to conclude with FOP KHRISTOFOROVA L. G. Contract of sale of Goods on the conditions set out in this offer and contains all essential terms of the contract.

2.2. Relations in the field of consumer protection are regulated by the Civil code of Ukraine, Law «On protection of consumer rights» and taken in accordance with other laws and legal acts of Ukraine.

3.Registration on the website

3.1. To place an Order in the online shop can only registered Buyers, the Buyer is entitled to register on the site only one(1) time, i.e. it can have only one Personal account.

3.2. The seller is not responsible for the accuracy and correctness of information provided by Buyer during registration.

3.3. The buyer signs up for online store, gets an individual identity by providing a username and password. Individual identification of the Buyer to avoid unauthorized acts of third parties on behalf of the Purchaser and gives access to additional services. Passing Buyer ID and password to third parties is prohibited.

3.4.The buyer is solely responsible for all possible negative consequences in case of transmission of login and password to third parties.

3.5.To take advantage of the loyalty discount can only be through a Personal account. It is necessary to place orders when logged into the website under your login. Loyalty discount tied to a specific Personal account, as calculated on the basis of purchases made through. In case of re-registering on the site, purchase history and loyalty discount cannot be transferred from the old Personal account to the new one. Statistics of orders in the new Personal account starts from zero. You can use the discount only through the Personal account, in which it is formed.

4. The subject of the Contract and the price of Goods

4.1. The seller submits and the Buyer accepts and pays for the goods on the terms of this Agreement.

4.2. The right of ownership to the Ordered Goods passes to the Buyer from the moment of actual transfer to the Buyer and pay the full value of the Goods. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment of actual transfer to the Buyer.

4.3. The prices of the Goods determined by the Seller at its own discretion and appear on the pages of the online store, located at the Internet address: bagpack.com.ua.

4.4.The final Price of Goods is determined by a consistent effect on the Price of the Product discounts in the following order: case-big discount or a promotional discount or the loyalty discount.

5. The time of the contract

5.1. The text of this Agreement is a public offer (in accordance with article 435 and part 2 of article 437 of the Civil code of Ukraine).

5.2. Acceptance of this offer (agreement) — registration of the order by the Buyer for the Goods in accordance with the terms of this agreement.

5.3. Registration by the Buyer of the order for the Goods is made by performing the actions listed in the section «payment and delivery»

5.4. The contract on the basis of acceptance by the Buyer of the present offer is an adhesion contract to which the Buyer is associated with no any exceptions and/or reservations.

5.5. The fact of registration of the order by the Buyer is unconditional, the fact of the Buyer’s acceptance of the terms of this Agreement, including the agreement of the Buyer to the Seller sending SMS messages about the status of the order and surveys to improve the quality of customer service. The buyer who has acquired the goods in the online shop of the Seller (checkout item) is considered as a person who joined the seller in relations to the terms of this Agreement.

6. The rights and obligations of the parties

6.1. The seller shall:

6.1.1. Since the conclusion of the present Contract to provide in full all obligations to the Buyer in accordance with the terms of this agreement and applicable law. The seller reserves the right to default the Contract in case of force majeure specified in paragraph 6 of this Agreement.

6.1.2. To process Buyer’s personal data and ensure their confidentiality in the manner prescribed by applicable law.

6.1.3. Acceptera this offer, the Buyer agrees and allows: FOP hristoforova Lina G. (Legal address: Kiev, street of Tolstoy, d. 25 kV 82 enterprise code EDRPOU 3077913742, INN 3077913742, tel: 0677814044 email: l.khrystoforova@gmai.com) (further – the Operator) to process your personal data, including surname, name, patronymic, date of birth, gender, personal biometric data, place of work and position, postal address; home, work, mobile telephone numbers, email address, including the collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer on the territory of Ukraine and cross-border transfer), depersonalization, blocking, destruction of personal data and their transfer to the counterparties of the Operator for further processing (including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer on the territory of Ukraine and cross-border transfer), depersonalization, blocking, destruction of personal data) to conduct research aimed at improving the quality of services for marketing programs, statistical studies, and to promote services in the market through direct contacts with the Buyer through various means of communication, including, but not limited to: mail, email, telephone, Fax, Internet. Buyer agrees and authorizes the Operator and contractors of the Operator to process Buyer’s personal data, through automated data management systems and other software tools, specially developed at the request of the Operator. Working with such systems is performed according to a prescribed algorithm by the operator (collection, systematization, accumulation, storage, updating, use, blocking, destruction).

Used processing methods (including, but not limited to): automatic verification of postal codes database codes, automatic verification of the spelling of street names\settlements, auto checks VIN and license plate number, specification data with the customer by telephone, postal communication with the Buyer or through contact via the Internet, segmentation of the database according to specified criteria. The buyer agrees that, if required, to implement the purposes stated in this offer, his / her personal data received by the Operator, can be transferred to third parties which the Operator can instruct the processing of personal data of the Buyer on the basis of the agreement concluded with such persons, subject to the requirements of the legislation of Ukraine on ensuring such third parties of personal data privacy and security of personal data during their processing. When transferring the specified data, the Operator alerts the persons receiving personal data of the Buyer, that these data are confidential and can be used only for the purposes for which they are communicated, and are in compliance with this rule. The buyer is entitled to request full information on their personal data, their processing and use, and to request exclusion or correction/additions of incorrect or incomplete personal data, by sending a written request to the Operator to the postal address. The Buyer’s consent to the processing of personal data is of indefinite duration and may be revoked by sending Buyer a written application to the address Operator mailing address.

6.2. The seller has the right to:

6.2.1. Change this Agreement, Prices for Goods and Tariffs for ancillary services, methods and terms of payment and delivery of the goods unilaterally, placing them on the pages of an online store, located at the Internet address: bagpack.com.ua .All changes take effect immediately after publication and considered to be brought to the attention of the Buyer from the time of such publication.

6.2.2. To exercise the recording of telephone conversations with the Buyer. In accordance with paragraph 4 of article 16 of the law “On information, information technologies and protection of information” Seller agrees to: prevent unauthorized access to information and/or transfer it to persons not directly related to the execution of Orders; timely detect and suppress such facts.

6.2.3. Without the consent of Buyer, to assign its rights and obligations under the Contract to third parties.

6.2.4. Before delivery of the ordered goods to the Client seller has the right to request that Customer 100% prepayment of the ordered goods. The seller has the right to refuse delivery in the absence of such payment.

6.2.5. The seller shall be entitled to make delivery of the Goods to the Customer by courier at the address specified when placing order and delivering the Goods consistent with the Customer’s signature delivery point.

6.2.6. The seller is entitled to make restrictions at the same time deliver of Goods to the Customer.

6.2.7. The seller is entitled to set the Purchaser of the limitations on the reservation of the Product (possibility to postpone the item in the Basket for a day). The product is removed from the Reserve in case of self-removal of his Buyer or automatically deleted upon expiration of the term of the Reserve.

6.2.8. To use the technology “cookies”. “Cookies” do not contain confidential information and is not shared with third parties.

6.2.9. To obtain information about the ip address of a visitor bagpack.com.ua. This information is not used to identify the visitor and is not transferable to third parties.

6.2.10. The seller may send the Buyer messages advertising-information character via e-mail and sms newsletters with information about promotions, new arrivals, etc. the Frequency of mailings is determined by the Seller unilaterally.

6.2.11.The seller is entitled to unilaterally cancel the Order the Buyer in the event of Buyer’s breach of clause.

 6.3.3.1. the present Offer.

6.2.12. The seller may change the terms of the Stock posted on the website of the online store bagpack.com.ua unilaterally without the consent of the Buyer, by posting such changes on the website of the online store bagpack.com.ua .

6.3. Buyer agrees to:

6.3.1. Until the time of the Contract to familiarize yourself with the contents and terms of the Agreement, prices for the Goods offered by the Seller in the online store.

6.3.2. Pursuant to Seller of its obligations to Buyer, the latter shall inform all the necessary data that uniquely identifies it as a buyer, and sufficient to deliver the Buyer paid for their Product.6.3.3. To pay for the ordered Goods and their delivery under the terms of this agreement.

6.3.3.1. If the Buyer when placing the Order specifies a non-cash method of payment(by credit card or electronic payment system), then the Buyer is obliged to pay for your Order within 60 minutes from time of Ordering by the Buyer, and not from the date of confirmation of this Order.

6.3.3.2. If the Buyer when placing the Order specifies a non-cash method of payment(by credit card or electronic payment system) and pays for the order in the day it may not draw more than three orders.

6.3.4. To comply with sales Rules.

6.4. The buyer has the right to:

6.4.1. The buyer is entitled to opt out of receiving e-mail and sms-mailing, for this, you need to click on the link in the email “You can unsubscribe from your Personal account” or login to “My mail” in your account.

7. Delivery

7.1. Delivery of the Goods to the Buyer at the time agreed by the Parties in the order confirmation employee of Seller and conditions set out in the Rules of the sale. If the buyer does not receive the order within the agreed period, the seller may cancel the order without additional Customer information. In case if the order is prepaid money is returned to the buyer in the term established by legislation.

7.2. In case of courier delivery a Client in the registry of Shipping puts his signature next to those items of Goods which the Customer purchased. This signature confirms that the Client has no claim to the packaging, to the number and appearance of the Product.

7.3. After receipt of the Order claim to the quantity, completeness and type of Product are not accepted.

7.4. Courier delivery can be carried out at the specified in the Personal Office address.

8. The withdrawal of the offer

8.1. The withdrawal of the offer (Contract) can be carried out by the Seller at any time, but it is not grounds for waiver of the Seller’s obligations under existing contracts. Seller agrees to post a notice about the withdrawal of the offer in its online store, indicating the exact time of withdrawal of the offer, not less than 12 hours prior to the occurrence of the event of revocation (suspension) of validity of the Offer.

9. Force majeure

9.1. Any of the Parties shall be released from liability for complete or partial failure to perform its obligations under this Agreement, if the failure was caused by force majeure arising after signing of this Agreement. “Force Majeure” means extraordinary events or circumstances which such Party could not foresee or prevent by available means. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, war, hostilities, the actions of the Russian or foreign public authorities, as well as any other circumstances beyond the reasonable control of either party.

Changes in existing legislation or regulations that directly or indirectly affect any of the Parties, are not considered as force majeure, however, in the event of such changes, which do not allow either party to fulfill any of its obligations under this Agreement, the Parties shall immediately adopt a decision on the procedure for solving this problem is to provide the Parties the continuation of the execution of this Agreement.

10. Liability of the parties

10.1. For non-performance or improper performance of the terms of this Agreement the Parties bear responsibility in accordance with the legislation of Ukraine.

10.2. All text information and graphics contained in the online store have the legal right holder, the unlawful use of such information and images will be prosecuted in accordance with the current legislation of Ukraine.

11. Other conditions

11.2. All disputes regarding non-performance or improper performance of its obligations under this agreement, the parties will try to resolve in the negotiations.

11.3. In case no agreement is reached during negotiations, the disputes shall be settled judicially in compliance with the current legislation of Ukraine.