Public offer agreement
This Agreement is an accession agreement for business entities (legal entities and individual entrepreneurs) and individual consumers, which defines obligations when performing actions aimed at purchasing Goods, photos of which are posted in the relevant section of the Website https://paradoxestore.com.
When purchasing Goods, images of which are posted on the relevant pages of the Website https://paradoxestore.com, Buyers accept the terms of this Agreement as set out below.
1. GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the “Purchase”, “Place Order”, “Order” or “Place Order in 1 Click” buttons in the relevant section of the Website https://paradoxestore.com means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are specified below.
1.2. The public offer agreement is public, i.e. 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). By fully agreeing to 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 comes into force from the moment of clicking on the “Purchase”, “Checkout”, “Order” or “Checkout in 1 click” button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full payment with him.
2. TERMS AND DEFINITIONS
2.1. Public offer agreement - a public offer of the Seller addressed to an unspecified circle of persons, concerning the conclusion of an electronic contract of sale of Goods on the terms and conditions specified by the Seller.
2.2. Goods - goods, images and/or descriptions of which are posted on the Site.
2.3. Site - a website located on the Internet at the address: https://paradoxestore.com, including all its web pages.
2.4. User - a visitor to the Website https://paradoxestore.com, who is an individual, legal entity, individual entrepreneur, who, having read this Offer (Agreement) and accepted its terms.
2.5. Registration of a personal account - legally significant actions of the User, consciously and voluntarily committed by him on the Website, related to entering reliable personal data, as well as his expression of his consent to the Offer (Agreement) offered for review. The registration procedure on the Website is considered completed from the moment the User receives a notification about the success of the registration.
2.6. Buyer - any legally capable individual, legal entity, individual entrepreneur, according to current Ukrainian legislation, who has visited the Website https://paradoxestore.com and intends to purchase a particular Product.
2.7. Recipient – an individual, legal entity, individual entrepreneur, determined by the Buyer, who must receive the ordered Goods.
2.8. Seller - any capable individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who are the owners or distributors of the Goods and intend to sell them through the Website https://paradoxestore.com.
2.9. Order - a properly executed and posted on the Website https://paradoxestore.com application of the Buyer for the purchase of Goods, addressed to the Seller.
2.10. Acceptance - acceptance by the Buyer of the Seller's offer to purchase the Product, the image of which is posted on the Website https://paradoxestore.com, by adding it to the virtual cart and sending the Order.
3. SUBJECT OF THE CONTRACT
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://paradoxestore.com, 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 confirms that it has all necessary permits to carry out economic 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 to be liable in the event of violation of the Buyer's rights in the process of performing this Agreement and selling the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller has the right:
4.1.1. Unilaterally suspend the sale of Goods and the provision of delivery services (refuse to place an Order/sale and delivery of Goods) in the event of a violation by the User/Buyer of the terms of the Public Offer;
4.1.2. At its sole discretion, unilaterally change the price of the Goods. In any case, the price of the Goods confirmed by the Seller's Order remains unchanged;
4.1.3. In the event that the Goods ordered by the Buyer are not available in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, necessarily notifying the Buyer thereof by sending a corresponding electronic message to the email address specified by the Buyer during registration, or by calling the Call Center operator at the phone number specified by the User/Buyer;
4.1.4. At its own discretion, unilaterally make changes to the terms of the Public Offer by posting a new version on the Site https://paradoxestore.com. The changes shall enter into force from the moment of their posting;
4.1.5. Organize the delivery of Orders by involving third parties in the provision of delivery services.
4.2. The Seller is obliged to:
4.2.1. To comply with the terms of this Agreement;
4.2.2. Fulfill the Buyer's order upon receipt of payment from the Buyer;
4.2.3. Deliver the Goods in accordance with the placed Order;
4.2.4. Check the qualitative and quantitative characteristics of the Goods during their packaging in the warehouse.
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obliged to:
5.1.1. Pay for and receive orders on time under the terms of this Agreement;
5.1.2. Read the information about the Product posted on the website;
5.1.3. Upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the package. In the event of damage or incompleteness of the Goods, record them in a report, which must be signed by the person who delivered them to the Buyer together with the Buyer.
5.2. The Buyer has the right:
5.2.1. Place an order on the appropriate page of the site;
5.2.2. Require the Seller to fulfill the terms of this Agreement.
6. ORDERING
6.1. The User/Buyer must independently place an Order for any product that is available for Order on the Site.
6.1.1. Orders are accepted through the website paradoxestore.com during the Seller's working hours.
6.1.2. The cost of all types of delivery is indicated in the "Delivery" section on the Seller's website.
6.1.3. However, the Seller does not provide services for the purchase and delivery of goods purchased from third parties at the Buyer's order.
6.1.4. If the order has been fully placed and paid for by the Buyer, the creation of the bouquet or composition takes place a few hours before delivery.
6.1.5. If the order was placed after 6:00 PM with the note "same-day delivery", the possibility of such delivery is additionally agreed with the administrator of the online store and is paid for according to the delivery rates indicated on the Seller's website.
6.1.6. When placing an order, the Buyer must specify the Recipient's details as accurately as possible. Incorrect information provided by the Buyer may prevent the order from being fulfilled at the specified time. In such a case, delivery is postponed until the correct Recipient's details are specified, but not more than 12 hours from the moment the Buyer pays for the order.
6.2. In the event of the unavailability of the Ordered Goods, the Seller's representative is obliged to inform the Buyer of such information using the means of communication left by the Buyer when registering on the Site.
6.3. In the event of the unavailability of the Ordered Product, the Buyer has the right to replace it with a Product of a similar model or cancel the Order by calling the Hotline number.
6.4. The Buyer has the right to cancel the order by calling the Hotline number.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the website. The Contract price is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Contract.
7.2. The Buyer can pay for the Order in the following ways:
7.2.1. By bank transfer to the Seller's current account specified in the invoice, including via Internet banking;
7.2.2. Cash on delivery upon receipt of the Order at the delivery service representative office in Ukraine or in another country according to the place of placing the order for the Goods;
7.2.3. By credit card;
7.2.4. By any other method agreed with the Seller.
8. ORDERING AND DELIVERY OF GOODS
8.1. When placing an order, the Buyer must clearly indicate the requirements for its delivery. One order can be placed for one date, time, and address. If you need to congratulate several people at different addresses or at different times at the same address, you should place the appropriate number of orders.
8.2. Delivery of the order is carried out by prior agreement with the recipient by phone, which is indicated by the buyer in the order.
8.3. Fast order fulfillment and same-day delivery are performed within 2 hours after payment for the order, as agreed with the Recipient.
8.4. Payment for the order and delivery "same day" by cashless payment must be made at least an hour before the selected delivery time interval.
8.5. The schedule for the fulfillment and delivery of orders on holidays is posted on the paradoxestore.com website in the Delivery section.
8.6. The Buyer may make changes to the order no later than 3 hours before the order delivery time. If the order has already been formed, it is impossible to cancel it. The Buyer may place and pay for a new order, while picking up the previous one at the pickup point, or, at the buyer's request, it may be forwarded to another recipient.
8.7. Delivery of goods ordered on the Site is carried out by delivery services throughout Ukraine in accordance with the conditions specified on the site in the "Delivery and Payment" section.
8.8. The cost of delivery is calculated according to the tariffs of the carrier company, unless otherwise specified in the "Delivery and Payment" section.
8.9. Together with the Order, the Buyer shall be provided with the documents required by applicable law.
8.10. Upon receipt of the Goods, the Buyer is obliged to check the goods for quantity, quality, assortment and completeness.
8.11. The fact of acceptance of the Goods by the Buyer is the payment for the Goods.
8.12. The risk of accidental loss and/or accidental damage to the Goods passes to the Recipient from the moment the Order is handed over to him and the Recipient signs the documents confirming the delivery of the Order.
9. ORDER FULFILLMENT TERM
9.1. The order fulfillment time depends on the recipient's location - within the cities of Kyiv and Kharkiv from 3 hours. Outside the cities, the order fulfillment and delivery time is agreed with the online store administrator separately. It all depends on the complexity of the order: the quantity of goods and their availability, on unforeseen events that are beyond the Seller's control (road accidents, weather conditions, traffic jams, etc.).
9.2. In case of improper delivery of the order due to the fault of the Seller (non-compliance of the order with the Buyer's requirements or the product in an improper form), see the "Complaints" section on the website paradoxestore.com for further actions.
9.3. The order is considered completed at the moment of its transfer to the Recipient/Buyer and/or his authorized persons.
9.4. The Agreement between the Seller and the Buyer is valid from the moment of its conclusion until the moment of delivery of the order to the Recipient/Buyer or his authorized persons.
10. REPLACEMENT OF GOODS. RETURN OF GOODS. REFUND.
10.1. Return of Goods of proper quality.
10.1.1. The return of Goods of proper quality is carried out in accordance with the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated May 12, 1991 (as amended and supplemented).
10.1.2. The Buyer has the right to refuse the delivered goods of proper quality within 14 (fourteen) days from the date of receipt of the Goods, provided that the Product type, consumer properties of the Goods, factory packaging, labels and payment document (electronic document, receipt, merchandise or cash receipt, ticket, coupon or other document confirming the fact of receipt of funds, indicating the date of payment) are preserved.
10.1.3. The return of Goods of proper quality, delivered by Carriers, is at the expense of the Buyer.
10.2. Return of Goods of inadequate quality.
10.2.1. The Product may be subject to a warranty period determined by the manufacturer of the relevant product. In the event of defects being discovered during the established warranty period, the consumer has the right to demand in accordance with the procedure established by the Law of Ukraine "On Protection of Consumer Rights":
1) proportional price reduction;
2) free elimination of defects in the goods within a reasonable time;
3) reimbursement of costs for eliminating defects in the goods.
10.2.2. In the event of a return of the Goods that have a significant defect in accordance with the Law of Ukraine "On Protection of Consumer Rights" No. 1023–XII dated 12.05.1991 (as amended), the delivery of which was carried out by Carrier Companies, the Seller shall return the funds upon the return of the Goods. The costs associated with the delivery of such Goods to the Buyer by the Carrier Company shall be covered by the Seller.
10.3. The buyer has the right to issue a letter of complaint using the feedback form on the website or at the email address: info@paradoxestore.com, indicating the reason and providing the appropriate description and photo for confirmation.
10.4. In the event of replacement or return of goods, the Buyer or Recipient must return the previous goods in the same form in which they were delivered to him.
10.5. The Seller may refuse to replace or compensate for the value of the gift if the Recipient has personal reasons for returning the goods (allergies, taste, etc.) about which the Seller was not informed.
10.6. In the event of refusal of the gift by the Recipient upon prior call, the Buyer may receive the funds paid for this order, if it has not yet been created by the florists.
10.7. In other cases, the Seller shall consider the complaint within 3 business days from the date of its receipt, and the Seller shall notify the results of the complaint consideration electronically.
10.8. If, due to the Seller's fault, the order was not delivered on the day specified by the Buyer or Recipient, the Buyer has the right to demand compensation, the amount of which cannot exceed the order amount.
11. INTELLECTUAL PROPERTY. COPYRIGHT.
11.1. The Seller is the owner of exclusive property copyrights to a number of photographic works, graphic images on the site and is their sole author. The Seller uses photographic works by publishing them on the site paradoxestore.com to illustrate goods and services.
11.2. Due to the presumption of originality of copyright objects, all photographic works are original, therefore they are protected by copyright without registrations and formalities from the moment of their creation in all countries of the world in accordance with the "Berne Convention for the Protection of Literary and Artistic Works" of 1886 and the Law of Ukraine "On Copyright and Related Rights" of 1993.
11.3. The subject of exclusive property copyrights to photographic works may grant permission to use these works to third parties and prohibit their use, if any, without obtaining permission. The owner of photos posted on the paradoxestore.comaa website grants permission to use his photo only if a link to the original source is placed on the photo.
11.4. If other authors discover that their photo works have been placed on the paradoxestore.com website, all claims are accepted at info@paradoxestore.com
12. FORCE MAJEURE
12.1. The Parties shall not be liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are truly beyond the control of such Party, occurred after the conclusion of this Agreement, and are unforeseen and unavoidable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
12.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
12.3. The time required by the Parties to perform their obligations under this Agreement will be extended by any period during which performance was postponed due to the listed circumstances.
12.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than three months, each Party has the right to terminate this Agreement unilaterally by notifying the other party in writing.
Despite the occurrence of force majeure, before termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
13. LIABILITY OF THE PARTIES
13.1. In the event of a breach of obligations arising from this Agreement (hereinafter referred to as "breach of the Agreement"), the Seller shall bear liability as determined by the legislation in force in Ukraine.
13.2. A breach of the Agreement is its failure to perform or improper performance, i.e. performance in violation of the conditions specified in the content of this Agreement.
13.3. The Seller bears all risks associated with loss or damage to the goods until they are transferred to the Buyer.
13.4. The Recipient or the person who accepted the goods in the absence of the Recipient bears all risks associated with loss or damage to the goods from the moment of acceptance.
13.5. The Seller has the right to transfer its rights and obligations regarding the fulfillment of orders to third parties without being released from liability.
13.6. The Seller is not responsible for improper use or storage of goods by the Buyer that were ordered on the website paradoxestore.com.
13.7. The liability of the Parties in other cases is determined in accordance with the legislation of Ukraine.
13.8. The Parties agree that any disputes that cannot be resolved through negotiations shall be resolved in accordance with the current legislation of Ukraine.
14. OTHER TERMS OF THE CONTRACT
14.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.).
14.2. By accepting the Agreement or registering on the website (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his/her personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about orders, sending advertising and special offers, information about promotions, raffles or any other information by telecommunications means (e-mail, mobile communication).
For the purposes provided for in this clause, the Buyer has the right to have letters, messages and materials sent to the Buyer's postal address, e-mail, as well as to send SMS messages and make calls to the telephone number specified in the questionnaire.
14.3. The Buyer grants the right to process his personal data, including: placing personal data in databases (without additional notification), storing data for life, accumulating, updating, changing (as necessary). The Seller undertakes to ensure data protection from unauthorized access by third parties, not to distribute or transfer data to any third party (except for transferring data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as upon mandatory request of a competent state authority).
14.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
14.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.
14.6. Photos of the Product contained on the pages of the Site may differ from the actual appearance of the Product. The descriptions/characteristics accompanying the Product do not claim to be comprehensive and may contain typographical errors.
14.7. The Seller may audio record conversations on the Hotline, using appropriate telecommunications equipment, provided that the Buyers are notified of the fact of audio recording by verbal warning.