Public Offer Agreement
Public Offer Agreement — PUBLIC OFFER AGREEMENT
1. GENERAL PROVISIONS
1.1. The real offer is the official offer of "Gift Card Mall" (EDRPOU code 38781356), (hereinafter referred to as the "Seller"), to conclude the Agreement for the purchase and sale of goods remotely, i.e. through the Seller's online store https://www.giftmall. com.ua/ (hereinafter referred to as "Online Store"). In case of acceptance of the terms of this Agreement, i.e. a public offer of the Internet store, the user becomes a Buyer.
1.2. This contract is a public offer contract (in accordance with Articles 633, 641 of the Civil Code of Ukraine), its conditions are the same for all Buyers.
1.3. 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 in the Seller's online store.
2. CONCEPTS AND DEFINITIONS
2.1. In this Agreement, the following terms have the following meanings:
1) "Product" - a list of products published on the website of the online store.
2) "Internet store" is a tool for presenting or selling goods, work or services by performing an electronic transaction.
3) "Seller" is a company that sells goods presented on the website of the online store www.giftmall.com.ua.
4) "Buyer" is a natural or legal person who purchased a universal gift certificate or a network gift certificate.
5) "Order" - the completed and posted application of the Buyer, addressed to the online store, for the purchase and delivery of Goods on his behalf and on his behalf.
6) "Universal gift certificate" (hereinafter referred to as the Certificate or universal certificate) is a material carrier (plastic card) of the established model, which is subject to activation and confirms the right of the buyer or the bearer of the certificate to exchange it at "Gift Card Mall" LLC for a gift network certificates for an amount equal to the nominal value of the Certificate, at the prices valid at the time of activation.
7) "Electronic universal gift certificate" (hereinafter - electronic certificate) is an e-mail of the prescribed format with a unique code, which is subject to activation and confirms the right of the buyer or the bearer of the certificate to exchange it at "Gift Card Mall" LLC for gift certificates of networks for an amount equal to the nominal value of the Certificate, at the prices valid at the time of activation.
8) "Gift certificate of networks" — a list of establishments posted on the website www.giftmall.com.ua, whose gift certificates can be purchased by the buyer by activating (exchange) universal gift certificates.
9) "Activation" — exchange of Universal certificates for gift certificates of networks presented on the website www.giftmall.com.ua by creating an order.
10) "Certificate code" is a unique code that is placed on the back of the universal certificate or sent to the Buyer's e-mail address, certifying the right of its owner or a third party to purchase (exchange) network certificates for an amount equal to the nominal value of the Certificate/electronic certificate.
11) "Validity period of Universal certificates" - the period during which the buyer/bearer has the right to activate (exchange) Universal certificates within the nominal value for network certificates.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the online store, including:
voluntary choice by the Buyer 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.
3.2. Information about the product is displayed on the website of the online store and is dynamic. This means that the information can be updated, changed and supplemented at any time, in particular, about the product, conditions of the promotion, prices and other conditions of sale.
4. ORDER PROCEDURE AND PRODUCT USE
4.1. The buyer can view the content of the Online Store Site, place an order, and also use its other services.
4.2. The buyer has the right to place an order for any product presented on the Online Store Site, subject to its availability.
4.3. If the product is not available, the company manager is obliged to notify the Buyer (by phone or e-mail).
4.4. If the product is not available, the Buyer has the right to replace it with a similar product, refuse this product, cancel the order.
4.5. The buyer undertakes to provide true, accurate and complete information about himself. The online store is not responsible for the accuracy and correctness of the information provided by the Buyer when registering and placing an Order.
4.6. The customer has the right to designate any third party as the Recipient of the ordered goods. In this case, it is necessary to specify in the Order form the data necessary for and identification of the Recipient and delivery of goods to him. In this case, the relations of the parties are subject to the provisions of Art. 636 of the Civil Code of Ukraine.
4.7. The online store has the right to refuse the Buyer to use the services of the online store if the latter has reason to believe that the Buyer has provided inaccurate data, as well as in case of dishonest behavior (for example, violation of the terms of this contract, etc.).
4.8. Universal certificates are not personal and may be transferred by the Buyer to third parties. Distribution/transfer of Universal Certificates to third parties is carried out by the Buyer independently and at his own discretion. When transferring certificates to third parties, the Buyer is obliged to warn about the validity period of Universal certificates and the rules for their use. The universal certificate can be used by a third party in case of loss by the Buyer/Recipient.
"Gift Card Mall" LLC is not responsible for the person who illegally appropriated and/or used the Universal Certificate.
4.9. Universal certificates are temporary, the validity period is specified by "Gift Card Mall" LLC during their sale to the Buyer and is indicated directly on the Universal certificates. The Universal Certificate is valid for 60 (sixty) months from the beginning of the next month after which the certificate was purchased.
4.10. The purchase of Universal certificates confirms that its owner is fully familiar with all the conditions and rules for their purchase and activation.
4.11. Universal certificates are not subject to return and/or exchange and cannot be exchanged for cash.
4.12. Activation of Universal Certificates is carried out by the Buyer or a third party (bearer) by filling out the form at the link https://giftmall.com.ua/activation.
4.12.1. The actual date of activation is the date of acceptance-transfer or dispatch of gift certificates of the networks by the courier delivery service.
4.12.2. Within one calendar day from the moment of receipt of Universal certificates, the buyer must confirm their receipt by confirmation in his personal account via the link www.giftmall.com.ua. In the event of non-confirmation of the specified information or failure to notify Gift Card Mall LLC of non-receipt of certificates in writing, they are considered accepted.
4.13. The face value of Universal Certificates can be used by partial division during their term of validity.
4.14. The total cost of activation (exchange) may be equal to, be less than, or exceed the face value of Universal Certificates. If the amount of activation (exchange) exceeds the nominal amount of the Universal Certificate, the Buyer/bearer shall pay the difference, which is not covered by the nominal amount. The difference between the cost of activation (exchange) and the face value of Universal certificates is not refunded.
4.15. "Gift Card Mall" LLC reserves the right not to accept for exchange Universal certificates that have signs of forgery.
4.16. In case of theft, loss, non-use during the validity period, Universal Certificates cannot be restored, money paid for the purchase of Universal Certificates is not returned.
4.17. "Gift Card Mall" LLC is not responsible for:
operation of the Internet network and Internet providers;
unauthorized use of Universal certificates, since their activation (use) does not require an identity card.
4.18. The use of network gift certificates is carried out in the manner and according to the rules of the network that issued the gift certificate.
5. ORDER PAYMENT PROCEDURE
5.1. Goods can be purchased by cash or non-cash payment. The sum of money paid for Universal certificates is an advance payment, which during their activation is credited to the payment for purchased network certificates.
Payment is made using a non-cash payment, or using the Wayforpay payment system. Payment is made in the national currency of Ukraine — hryvnia.
5.2. The payment for delivery is made when the Buyer receives the Goods from the carrier company.
6. ORDER DELIVERY TERMS
6.1. The delivery of goods purchased through the Internet store is carried out through the carrier company "Nova Poshta" LLC, according to the carrier's current tariffs.
6.2. The seller is not responsible for the actions of the carrier company.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES:
7.1. The seller has the right to:
Unilaterally terminate the provision of services under this Agreement in the event of the Buyer's violation of its terms.
To require the Buyer to fulfill the terms of this Agreement.
7.2. The seller is obliged to:
Transfer the Goods to the Buyer in accordance with the Order, if the Buyer fulfills the terms of this Agreement.
Check the qualitative and quantitative characteristics of the Product during its packaging or handing over to the Buyer.
7.3. The buyer is obliged to:
Get acquainted with the information about the Product, which is posted in the online store.
Read and accept the terms of this Agreement or refuse to complete the Order if the terms of the Agreement are unacceptable.
Pay the cost of the Order in the specified order and time.
Received take the Product selected in the Order.
When receiving the Goods, make sure that they are complete and conform to the Order. In the case of detection of a lack of Goods or non-compliance, record them in the act, which must be signed by the representative of the carrier company together with the Buyer.
7.4. The buyer has the right to:
Complete the Order in the online store.
To require the Seller to fulfill the terms of this Agreement.
8. LIABILITY OF THE PARTIES
8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner stipulated by this Agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
the appearance of the Product changed by the manufacturer;
for a slight discrepancy in the color range of the product, which may differ from the original product solely due to different color transmission of the image on the monitors of the Buyer's personal computers;
for the content and reliability of the information provided by the Buyer when placing the Order;
for delays in order processing and product delivery, which occur due to reasons beyond the Seller's control;
for unlawful, illegal actions performed by the Buyer using this access to the Internet;
for the transfer by the Buyer of his network identifiers - IP, MAC - address, login and password to third parties.
8.3. In the event of force majeure, the parties are released from fulfilling the terms of this contract. 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 by reasonable means.
9. RULES FOR USE OF MATERIALS PLACED ON THE SITE
9.1. The Site contains materials, trademarks, trade names and other materials protected by law, including but not limited to text, photographs, graphic images and others.
9.2. The entire content of the site is protected by the legislation of Ukraine, all rights to the Site as a whole and to the use of the network address (domain name) www.giftmall.com.ua belong to the Seller.
9.3. The buyer has no right to use the materials posted on the site, such as: make changes, publish, transfer to third parties, participate in sales or assignments, create derivative products, etc.
10. OTHER TERMS
10.1. The online store reserves the right to unilaterally make changes to this contract, provided it is previously published on the website https://www.giftmall.com.ua/.
10.2. The online store was created to organize a remote method of selling Goods via the Internet.
10.3. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives his voluntary consent to the processing and use (including transfer) of his personal data in accordance with the terms of the Privacy Policy (https://giftmall.com.ua/page /privacy).
10.4. The Buyer agrees that after completing the registration procedure on the Site, the Site Administration and/or the Seller will send letters to the e-mail address and/or SMS messages to the indicated phone number, including advertising ones. The buyer has the right to refuse such mailing on his own.
10.5. By calling the hotline of the Site, the User confirms his full agreement with the fact that the conversation will be recorded for the purpose of providing high-quality customer service and clarifying controversial issues that may arise while using the site www.giftmall.com.ua, as well as being interrupted by the site administration in case of use of obscene language by the Users vocabulary or vocabulary aimed at humiliating human dignity.
10.6. Payment by the Buyer of the order made in the online store means the Buyer's full agreement with the terms of this Sales Agreement (public offer)
10.7. All disputes arising between the Buyer and the Online Store shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue, the Buyer or the online store can apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation.
