Public offer agreement
1.1. This contract of public offer is an official offer of TM “A_Avangard Professional”, hereinafter referred to as “Seller”, to conclude a contract for the sale of goods remotely, i.e. through an online store, hereinafter referred to as “Contract”, and places a Public Offer (offer) on the Seller’s official website www.avangard-beauty.com (hereinafter – the Website).
1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller’s proposal (acceptance) to conclude an electronic contract for the sale of goods is considered the fact of payment by the Buyer of the order under the terms of this Agreement, within the time and at the prices specified on the Seller’s Internet site.
1.3. This agreement is in accordance with Art. Art. 633, 641 and Ch. 63 of the Civil Code of Ukraine is a public contract (offer) addressed to an indefinite number of persons, regardless of their status (individual, legal entity, individual entrepreneur), who wish to purchase goods in the online store www.avangard-beauty.com
1.4. Other third parties (NOT the Administration) who use the services of www.avangard-beauty.com to sell their goods on the Internet can be sellers of the goods. Information about such sellers is provided by the Administration at the request of the User (Buyer).
1.5. Since this Agreement is a public offer, the User (Buyer) is considered to be attached to this Agreement by accessing the materials of the Site.
1.6. The Site Administration (the owner of the www.avangard-beauty.com site and/or persons authorized by him) has the right to unilaterally change the terms of this Agreement at any time. The new or amended Agreement becomes valid after its posting on the Site. If the User disagrees with the changes made, he must refuse access to the Site, stop using the Site’s materials and services.
1.7. The buyer agrees with this public offer in general and without reservations when placing an Order on the Site.
1.8. The buyer (User) agrees that all terms of the User Agreement are clear to him and he accepts them fully and unconditionally.
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* “product” – cosmetic products posted on the company’s website;
* “Internet store” – in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling a product, work or service by concluding an electronic agreement.
* “Seller” is a company that sells goods presented on the Internet site.
* “Buyer” is a natural person who has entered into an Agreement with the Seller under the conditions set forth below.
* “Order” – the selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.
3.1. The Seller undertakes to hand over the Goods to the Buyer, and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement.
3.2. This Agreement regulates the purchase and sale of goods in the online store, in particular:
– the Buyer’s voluntary choice of goods in the online store;
– self-registration of the order by the Buyer in the online store;
– payment by the Buyer of the order placed in the online store;
– processing and delivery of the order to the Buyer under the terms of this Agreement.
4.1. To form orders on the Site, the User (Buyer) can go through the registration procedure and enter the necessary data.
4.2. When registering on the Site, the User (Buyer) undertakes to provide reliable and accurate information about himself and his contact data, in order for the Site Administration to fulfill its obligations to the User (Buyer) and deliver the goods paid to him.
4.3. In the process of registration on the Site, the User (Buyer) specifies a login (his e-mail) and a password, the security of which he is responsible for.
The User (Buyer) undertakes not to disclose the login and password specified during registration to third parties, to store this data in a place inaccessible to third parties. The Buyer is solely responsible for all actions performed on his behalf, i.e. using his login and password.
5.1. The information provided by the User (Buyer) is confidential. The site administration uses information about the User (Buyer) for the purpose of fulfilling the Visitor’s (Buyer) Orders, unless other purposes are specified in this Agreement.
5.2. Filling out the registration form on the website www.avangard-beauty.com The Visitor (Buyer) voluntarily consents to the collection and processing of his personal data by the Site Administration for the following purpose: the data provided by the Visitor (Buyer) during registration on the Site will be used to process Orders for the purchase of Goods, receiving information about orders, sending by telecommunication means of communication (via e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activities of the Website www.avangard- beauty.com for other commercial purposes.
5.3. For the purposes provided for in this clause, the Administration has the right to send letters, messages and materials to the Visitor’s (Buyer’s) postal address and e-mail address, as well as send sms messages, make calls to the number specified in the application form, if necessary to fulfill the User’s order (Buyer). The Administration has the right to record telephone calls with the Visitor (Buyer) in order to improve the quality of the latter’s service, to which the Visitor (Buyer) gives his unconditional consent.
5.5. The buyer gives the Administration the right to process his personal data, including: to place personal data in the Administration’s databases (without additional notification about this), to store data, their accumulation, update, change (as necessary). The Administration undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Administration to carry out direct data processing for the specified purposes, and also at the mandatory request of the competent state body).
5.6. The Administration is not responsible for the content and authenticity of the information provided by the Visitor (Buyer) when registering on the website www.avangard-beauty.com and placing an Order. The Visitor (Buyer) is responsible for the accuracy of the information provided when registering on the website and placing the Order information and accepts all the risks associated with the inaccuracy of such information.
6.1 The delivery of the goods is carried out by advance payment or payment by cash on delivery by the delivery service of the country specified in the sections: “Payment and delivery in Ukraine”, “Payment and delivery in EU countries”.
6.2 Online payment on the site is made using the Visa and Mastercard payment systems using the “LiqPay” payment gateway.
7.1. The buyer has the right to return the product of proper quality, if the following conditions for returning the product are met:
7.1.1. The product has not been used, is fully assembled and the integrity of the packaging is not violated (open packaging is not considered damage to the product appearance);
7.1.2. Less than 14 days have passed since receiving the goods;
7.1.3. There is a settlement document confirming payment for the Goods;
7.2. The seller has the right to refuse a return if these conditions are not met.
7.3. The return of the goods to the online store is carried out at the expense of the Buyer.
7.4. When the Buyer returns the goods of proper quality, the Online Store returns to him the money paid for the goods upon the fact of returning the goods, minus compensation for the costs of the Online Store related to the delivery of the goods to the Buyer.
8.1. The seller has the right to:
8.1.1. unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
8.2. The buyer is obliged to:
8.2.1 timely pay and receive the order under the terms of this Agreement.
8.3. The buyer has the right to:
8.3.1. Place an order in the online store;
8.3.2. Draw up an electronic Agreement;
8.3.3. To require the Seller to fulfill the terms of this Agreement.
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement, the current legislation of Ukraine and the legislation of the countries on whose territory the sale of the Goods specified on the Internet site is carried out.
9.2. The seller is not responsible for:
9.2.1. The appearance of the Product has been changed by the manufacturer;
9.2.2. For a slight discrepancy in the color range of the product, which may differ from the original product solely due to different color rendering of monitors of personal computers and gadgets of individual models;
9.2.3. For the content and veracity of the information provided by the Buyer when placing an order;
9.2.4. For delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond its control;
9.2.5. For unlawful and illegal actions carried out by the Buyer using this access to the Internet;
9.2.6. For the transfer by the Buyer of his network identifiers – IP, MAC addresses, login and password to third parties;
9.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
9.4. In the event of force majeure, the parties are released from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this contract mean events of an extraordinary, unforeseen nature that exclude or objectively interfere with the performance of this contract, the occurrence of which the Parties could not foresee and prevent in a reasonable way.
9.5. The parties make every effort to resolve any disputes exclusively through negotiations.
10.1. The online store reserves the right to unilaterally make changes to this agreement, provided that it is previously published on the website https://avangard-beauty.com
10.2. The online store was created to organize a remote method of selling goods via the Internet.
10.3. The buyer is responsible for the accuracy of the information specified during the order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, and use of his personal data in accordance with the laws of Ukraine and the EU “On the Protection of Personal Data”.
10.4. Payment by the Buyer of the order made in the online store means the Buyer’s full agreement with the terms of the sales contract (public offer)
10.5. The use of the online store resource for previewing the product, as well as placing an order for the Buyer, is free of charge.
10.6. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purpose of processing the order, sending messages to the Buyer, delivering goods, making mutual payments, etc.
11.1. An electronic contract is considered to have been concluded from the moment the person who sent the proposal to conclude such a contract receives a response about the acceptance of this proposal in accordance with the procedure defined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2. Prior to the expiration of this Agreement, this Agreement may be terminated by mutual consent of the parties prior to the actual delivery of the goods by means of a refund.
11.3. The parties have the right to terminate this agreement unilaterally, in case of non-fulfillment of the terms of this Agreement by one of the parties and in the cases stipulated by the current legislation.