This 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 the sale and purchase as a remote method, i.e. .e. through the online store https://tory.ua , and by giving off-line purchases in the flower and decor studio "TORY ART" at .Zhilyanskaya 59, Kiev (hereinafter - the studio "TORY ART"), referred to as the Seller.
The terms of this Agreement are the same for all visitors to the online store https://tory.ua and studio "TORY ART" regardless of the status (individual, legal entity, individual - entrepreneur), who intend, desire and ability to purchase the offered goods.
Confirmation of full agreement with all, without exception, the terms of this Agreement. In case of disagreement with the terms of this Agreement - the Buyer does not accept the offer.
1. General provisions.
1.1. This Public Offer Agreement defines the specifics of the sale and purchase of the Goods on the website of the Internet store https://tory.ua (hereinafter referred to as the Internet store) and applicable in relation to any Product offered for sale (purchase) on the website of the Internet store and studio "TORY ART".
2. Terms and definitions.
2.1. List of terms and definitions.
2.1.1. "Product" - a list of assortment names presented in the online store, which forms the market object chosen by the Buyer.
2.1.2. "Catalog" - information about goods posted in the online store.
2.1.3. "Order" - a conscious decision to purchase a product, drawn up and implemented in the online store, placing the selected items of the Product in the Cart.
2.1.4. "Online store" - the Seller's website https://tory.ua , intended for the conclusion of these Sales Agreements based on the Buyer's familiarization with the proposed Seller via the Internet, excluding direct acquaintance with the Goods - a remote way of selling the goods.
2.1.5. "Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with the current Ukrainian legislation, who has visited the site https://tory.ua, intending to purchase one or another Product for business purposes, and pay for the receipt of such Product.
2.1.6. Offer acceptance - the purchase (payment) of goods in the manner prescribed by this agreement, at the prices indicated on the website of the online store.
2.1.7. Complaint is a claim of a buyer or a customer against a seller or supplier regarding inadequate quality or a demand for elimination of defects, price reduction, compensation for damages.
2.2. The Parties, by concluding a public agreement, confirm that they agree with the definition of all the terms described in this Agreement, and undertake not to apply any other interpretation, except what is stipulated by the Agreement.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the goods to the Buyer within the agreed period, and the Buyer undertakes to pay and accept the Goods on the terms of this Agreement.
3.2. The buyer who has used the services of the online store, entered into a contractual relationship with the Seller.
4. The moment of the conclusion of the Agreement.
4.1. The contract is considered concluded from the moment of the Acceptance of the offer.
4.2. The fact of the Goods is unconditional proof of acceptance of the terms of purchase of this Agreement.
5. Rights and obligations of the Parties
5.1. The buyer has the right:
5.1.1. Voluntarily select the Products offered by the Seller through the online store.
5.1.2. Receive information about the properties of the Products offered by the Seller through the online store.
5.1.3. Require the Seller to comply with the terms of this Agreement.
5.2. The buyer is obliged to:
5.2.1. Prior to the conclusion of the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement, the range of Products and the tariffs (prices) offered by the Seller on all pages of the online store.
5.2.2. Observe the terms of this Agreement and the separately set forth Site Rules.
5.2.3. Place an order on your own in the online store using the interface elements provided for this.
5.2.4. Timely and in full pay and pick up the Goods on the terms of this Agreement.
5.2.5. Timely and in full pay for the Delivery services under the terms of this Agreement.
5.2.6. Provide timely and truthful information that may be required when placing an Order and which uniquely identifies him as a Buyer.
5.2.7. Do not make purchases from the specified online store until they are 18 years old. In connection with the above, acceptance of the offer, the Buyer guarantees to the seller that he is a fully legal and capable person who acts on the basis of his inner conviction and will.
5.3. The seller has the right:
5.3.1. Change the terms of this Agreement and the rules of the site, the range of Products, prices for Products and services, unilaterally, by placing them on the corresponding pages of the site. All changes take effect immediately after they are posted on the website of the online store.
5.4. The seller is obliged to:
5.4.1. From the moment this Agreement is concluded, ensure that all obligations to the Buyer are fully fulfilled in accordance with the terms of this Agreement.
5.4.2. Be fully responsible to the Buyer for the execution of the Order before transferring the Order to the Buyer.
5.4.3. Transfer the Goods to the Buyer in a specific place, in the quantity and range specified by the Order. The transferred Goods have the appropriate completeness, proper quality and are free from third-party claims.
5.4.4. To bring to the attention of the Buyer the necessary and reliable information about the Goods.
5.4.5. Notify the Buyer about the impossibility of fulfilling obligations to him, in the event of force majeure situations.
5.4.6. Do not disclose information about the Buyer and do not provide access to this information to third parties, except as provided for by applicable law or the Buyer's failure to comply with this Agreement.
5.5. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for the duration of the force majeure circumstances. Force majeure means extraordinary and insurmountable circumstances under these conditions that prevent the parties from fulfilling their obligations under this Agreement. These include natural disasters, circumstances of public life (military operations, states of emergency, strikes, epidemics, etc.), prohibitive measures of state bodies. During this time, the parties have no mutual claims, and each of the parties assumes the risk of the consequences of force majeure.
6. The procedure for placing an order.
6.1. The Buyer independently places an Order in the online store.
7. Cost and order of payment for the Order.
7.1. The prices for the Products are public and are indicated in the online store. Services may vary depending on market conditions, which is reflected in prices in the online store.
7.2. The Seller cannot change the price for a specific Buyer if he has already accepted the terms of the Seller and made payment for the Goods (services) in accordance with the procedure established by this agreement.
7.3. The buyer can pay for the goods in any convenient way, which are described on the website of the online store.
7.4. The total cost of the Order consists of the cost of the Goods and the cost of delivery.
7.5. The buyer has the right to refuse the delivery service. In this case, the Order is picked up by the Buyer in the Seller's store - a studio of flowers, gifts and decor "TORY ART" at the address: st. Zhilyanskaya 59, Kiev. Payment for the Order is carried out in a convenient way for the Buyer, described on the website of the online store.
8. Delivery of the Goods
8.1. Delivery of the Goods in Kiev by courier is carried out 7 days a week, 24 hours a day, provided that the goods were ordered during working hours (according to the working hours indicated on the Site) of the studio of flowers, gifts and decor "TORY ART" at the address: st. Zhilyanskaya 59, Kiev.
8.2. The Buyer receives the Goods by courier delivery of the Seller or picks them up by pickup at the TORY ART studio of flowers, gifts and decor at the address: st. Zhilyanskaya 59, Kiev during studio working hours: Monday to Friday from 9:00 to 21:00, Saturday and Sunday from 10:00 to 19:00.
8.3. The fact of receipt of the Goods of proper quality and quantity and the absence of any claims to the Goods, the Buyer and / or the Recipient confirms by their own signature on the invoice upon receipt of the Goods.
8.4. In the absence of the Buyer or the Recipient (specified by the Buyer) at the delivery address specified by the Buyer in the Application, or refusal of the Buyer and / or the Recipient from the Goods, the Buyer is obliged to pay for the Goods and the cost of its delivery to the address of the Buyer and / or Recipient (specified by the Buyer), and Also return shipping to the store.
8.5. If the Buyer has claims to the quantity and / or quantity of the Goods, he is obliged to state his claims in writing and send them in an email to the Seller's official mail info @ toryart.com.ua . Notification of the Seller about claims in a way other than that specified in clause 8.3. Is not taken into account by the Parties as such.
8.6. The Buyer has the right to refuse the Goods and their payment, in the event of:
8.6.1. At the moment of its receipt from the courier, the Buyer discovers that the Goods are damaged and / or spoiled.
8.6.2. The product differs significantly from the one presented on the Site, except for the cases specified in clause 11.
8.6.3. The goods were not delivered on time (in the case of ordering the delivery of the Goods at the exact time).
8.7. The delivery time of the Goods consists of the time for processing the Order and the time for its delivery.
8.8. Due to the large number of orders and an increase in the load, on holidays (New Year's holidays, February 14, March 8 and others), the delivery time of the Goods is carried out by prior agreement with the manager.
9. The procedure for the return of the Goods
9.1. Upon receipt of the Goods of inadequate quality (marriage), the Buyer has the right to demand the replacement of the low-quality (defective) Goods with a high-quality one (the goods are returned to the address of 59 Zhilyanskaya St., Kiev). The Seller satisfies the Buyer's request within 2 working days (excluding delivery) from the date the Buyer submits written claims in the manner specified in clause 8.5. Of the Agreement.
9.2. The Buyer and / or the Recipient, by accepting the public offer, confirms that he is familiar with the content of Art. 9 of the Law of Ukraine "On Protection of Consumer Rights" and Art. Art. 6, 707 of the Civil Code of Ukraine, of course, agrees that the consumption and / or use of the goods, for the purposes of this Agreement, means any movement outside the premises of the store located at the address: Zhilyanskaya street 59, Kiev, and therefore, after such consumption and / or use, exchange and / or return of plants and flowers (goods) by the store will not be carried out ".
9.3. If the client refuses an unfulfilled order. Refunds are made on the next banking day after the decision on the refund is made.
10. The term of this Agreement.
10.1. This Agreement enters into force from the moment of the Acceptance of the offer and is valid until all its conditions are fulfilled by both Parties.
10.2. The validity period of this Offer is established from the moment it is posted on the Site.
10.3. The withdrawal of the offer can be carried out by the Seller at any time, which is not a basis for refusal of obligations under an already concluded Agreement.
11. Disclaimer of Warranties.
11.1. The Seller makes every effort to provide quality services to the Buyer.
11.2. The advice and information given to the Buyer cannot be considered as a guarantee.
11.3. Materials and information on the website of the online store are provided "as is" without any guarantees.
11.4. The colors and shades of the Products may differ from the real ones due to the peculiarities of the monitor settings.
11.5. The sizes of bouquets and arrangements indicated are approximate, the actual size of flower arrangements may vary from 5 to 10%.
11.6. The online store does not guarantee the accuracy and completeness of the information on the website.
11.7. The online store at any time without notice may make changes to the materials and information provided on the site, as well as to the products mentioned therein.
11.8. If the information on the site is out of date, the online store does not undertake to update it.
11.9. The online store will under no circumstances be liable for any damage arising from the use, inability to use or the results of using the online store.
11.10. The online store reserves the right to change the composition and appearance of the goods by 20-25% while maintaining the general appearance and cost of components
12. Other conditions.
12.1. The buyer agrees to receive promotional materials about ongoing promotions and sales, marketing programs, etc. by means of communication, such as e-mail, mobile and cellular communications, including using the contact information specified by the Buyer in his profile on the website. In case of unwillingness to receive the newsletter, the Buyer can contact the Administration of the resource by writing a statement of refusal to receive advertising materials and sending it to the address [email protected] < / a>.
12.2. The buyer, by signing this agreement, confirms that he is notified of his rights in accordance with Art. 8 of the Law of Ukraine "On the Protection of Personal Data" and gives his consent (permission) to the collection, processing and storage of personal data.
12.3. All disputes and disagreements arising from the performance of obligations by the Parties under this Agreement shall be resolved through negotiations. If it is impossible to eliminate them, the Parties regulate their relations in accordance with the current legislation.