Public Offer Agreement
Under this Agreement, one party, 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 Offer Agreement (hereinafter - the Agreement), addressed to an unlimited circle by the Seller's official public offer to conclude with the Buyers a contract of sale of the Goods, photos of which are posted in the relevant section of the Website https://partyshop.od.ua
Sellers who intend to sell Goods using the Website https://partyshop.od.ua and Buyers when purchasing Goods, images of which are posted on the relevant pages https://partyshop.od.ua, accept the terms of this Agreement on the following .
GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement. Clicking on the Website page https://partyshop.od.ua in the relevant section of the "ORDER" button means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement specified below.
1.2. The Public Offer Agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unscrupulous Order and for failure to fulfill the terms of this Agreement.
1.3. This Agreement shall enter into force from the moment of clicking on the "ORDER" button, by which the Buyer agrees to purchase the Goods from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full payment with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international agreement, the consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
"Public Offer Agreement" is a public agreement, a sample of which is posted on the Website https://partyshop.od.ua and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https://partyshop.od.ua, directed at an unspecified circle of persons, including Buyers.
"Acceptance" - - the Buyer's acceptance of the Seller's offer to purchase the Goods, the image of which is posted on the Website, by adding it to the virtual basket and sending the Order.
"Goods" - an item of trade (product, model, accessory, components and related items, any other items of trade), for the purchase of which the Seller's offer is posted on the Website https://partyshop.od.ua.
"Buyer" - any legally capable individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who visited the Website https://partyshop.od.ua and intend to purchase a particular Product.
"Seller" - any capable individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who are owners or distributors of the Goods and intend to sell them through the Website https://partyshop.od.ua.
"Order" - a properly executed and posted on the Website https://partyshop.od.ua application of the Buyer for the purchase of Goods addressed to the Seller.
"Legislation" - the norms established by Ukrainian or international legislation regulating contractual legal relations under the Agreement.
"Significant defect of the Goods" - a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose due to the fault of the manufacturer (Seller), and after its elimination manifests itself again for reasons beyond the control of the consumer.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, under the terms and in the manner specified in this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website https://partyshop.od.ua, and the Buyer undertakes, under the terms and in the manner specified in this Agreement, to purchase the Goods and pay for them.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and that there are no third party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or fictitious transaction or an agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits for conducting business activities that regulate the scope of legal relations that arise and operate in the process of performing this Agreement, and also guarantees that it has the right to produce and/or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes not to