Public offer

Public offer agreement

  1. GENERAL PROVISIONS
    1.1. The following text is the Agreement between the online store hurricane13.net, hereinafter referred to as the “Seller”, and the user of the online store services, regardless of status (natural person, legal entity, individual entrepreneur), hereinafter referred to as the “Buyer”.
    1.2. This Agreement determines the conditions for the purchase of the products presented on the website hurricane13.net, hereinafter the “Product”, by the Buyer through the Seller’s online store.
    1.3. The contract is public in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine and is the equivalent of an “oral agreement” and has proper legal force.
    1.4. In accordance with Art. 642 of the Civil Code of Ukraine by the full and unconditional acceptance of the terms of this offer agreement, which confirms the conclusion of the Agreement on the proposed conditions, the fact that the Buyer paid for the cost of the goods ordered on the website of the online store (or in another way).
    1.5. In this offer, unless the context requires otherwise, the following terms have the following meanings:
    “Online store” – the Seller’s website, created for the conclusion of contracts for retail and wholesale purchase and sale, after the Buyer familiarizes himself with the Seller’s Product offered in photographs by remote means.
    “Seller” – an organization, regardless of its organizational and legal form and / or an individual entrepreneur who sells goods.
    “Product” means products offered for sale and are posted on hurricane13.net.
    “Buyer” – an individual and / or a legal entity placing an order on the website hurricane13.net.
    “Recipient” – an individual and / or legal entity determined by the Buyer who must receive the ordered Goods.
    “Acceptance” – full and unconditional acceptance by the Buyer of the terms of the Agreement.
    “Order” – individual items from the assortment list of the Goods specified by the Buyer when placing an application on the website.
  2. SUBJECT OF THE CONTRACT
    2.1. The Seller sells and delivers the Goods according to the current price list published on the website hurricane13.net, and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement.
  3. PROCEDURE FOR ORDERING
    3.1. Formation of an order.
    3.1.1. Orders are accepted through hurricane13.net during Seller’s business hours.
    3.1.2. The cost of ordering the Goods includes delivery to the Recipient if the cost of a separate Goods in the order exceeds the equivalent in UAH. $ 100, and is not paid separately.
    3.1.3. For the rest of the goods, the delivery cost is equivalent in UAH. $ 5 or according to the current rates of the shipping organization. Delivery cost can be negotiated individually.
    3.1.4. At the same time, the Seller does not provide services for the purchase and delivery of goods purchased from third parties at the request of the Buyer.
    3.1.5. When placing an order, the Buyer must specify the data of the Recipient as accurately as possible. Incorrect information provided by the Buyer may delay or interfere with the order.
    3.2. Order payment procedure.
    3.2.1. Payment for the order means the Buyer’s consent to conclude this Agreement with the Seller.
    3.2.2. The Buyer pays the cost of the order under the Agreement by transferring funds to the Seller’s account. The date of payment is the day of receipt of funds to the Seller’s account.
    3.2.3. Prices for any item of the Product shown on hurricane13.net are valid at the time of ordering.
    3.2.4. The buyer has the right to confirm or cancel the order until it is paid.
    3.2.5. Orders are accepted for execution only after receipt of funds to the Seller’s account, except for the choice of the payment method “Cash upon receipt”.
    3.2.6. A message about payment for the order is sent to the Buyer to the email address that was specified when placing the order.
    3.2.7. Services of payment systems, terminals, the Buyer pays additionally.
    3.3. Terms of delivery of the order.
    3.3.1. When placing and agreeing on an order, the Buyer must clearly indicate the requirements for its delivery.
    3.3.2. Delivery of the order is carried out by prior agreement with the Recipient according to the details specified by the Buyer in the order.
    3.3.5. The Buyer can make changes to the order no later than 12 hours before the time of sending the order. If the order has already been sent, you cannot cancel it. The buyer can place and pay for a new order while picking up the previous one at the point of receipt.
  1. DEADLINE FOR THE ORDER
    4.1. The lead time for the order depends on the location of the Recipient – within the city of Kiev and Kharkov from 3 hours. Outside the cities, the term of execution and delivery of the order is agreed with the administrator of the online store separately. It all depends on the complexity of the order: the quantity of the product and its availability, from unforeseen events that do not depend on the Seller (accident, weather conditions, traffic jams, etc.).
    4.2. In case of improper execution of the delivery of the order due to the fault of the Seller (non-compliance of the order with the requirements of the Buyer or the goods in an improper form), the Buyer informs the Seller according to the contacts on the website hurricane13.net.
    4.3. The order is considered completed at the time of its transfer to the Recipient / Buyer and / or his authorized representatives.
    4.4. The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the delivery of the order to the Recipient / Buyer or his authorized representatives.
  2. CREATING AN ORDER. REPLACEMENT OF MISSING COMPONENTS
    5.1. The seller creates an order in accordance with the requirements of the Buyer.
    5.2. If the Seller does not have certain elements for placing an order for any reason (seasonality, lack of the desired variety or flower color), the Seller, in agreement with the Buyer, can make a replacement.
    5.3. If the appearance of the goods differs from the image on the Seller’s website, this cannot be a defect or a reason for a refund or order replacement.
    5.4. All information materials presented on the website hurricane13.net are for reference only and cannot fully convey reliable information about certain properties and characteristics of the goods. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing an order, he must consult the administrator of the online store by phone, or send a request to the site according to the usual ordering procedure.
  3. REPLACEMENT OF GOODS. PURCHASE RETURNS. REFUND.
    6.1. The Recipient / Buyer may refuse or return the order immediately upon receipt, indicating to the courier the reason for the return.
    6.2. The buyer has the right to issue a letter with a complaint to the e-mail address: shop@hurricane13.net, indicating the reason and providing the appropriate description and supporting photos.
    6.3. In case of replacement or return of goods, the Buyer or the Recipient must return the previous goods in the same form in which they were delivered.
    6.4. The Seller may refuse to replace or reimburse the value of the gift if the Recipient has personal reasons for returning the goods (allergies, taste, etc.) of which the Seller was not informed.
    6.5. In case of cancellation of the order by the Recipient upon a preliminary call, the Buyer can receive the paid funds for this order, if it has not yet been created.
    6.6. In other cases, the Seller considers the complaint within 3 working days from the date of its receipt, the Seller informs about the results of the consideration of the complaint electronically.
  4. INTELLECTUAL PROPERTY COPYRIGHT.
    7.1. The seller is the owner of exclusive property copyright for a number of photographic works, graphic images on the site and is their sole author. Seller uses photographic works by posting on hurricane13.net to illustrate goods and services.
    7.2. By virtue of the presumption of the originality of copyright objects, all photographic works are original, therefore they are protected by copyright without registration 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 law and related rights “1993.
    7.3. The subject of exclusive proprietary copyright for photographic works may authorize the use of these works by third parties and prohibit their use, if this occurs without permission. The owner of the photo posted on hurricane13.net gives permission to use his photo only if the photo has a back link to the original source.
    7.4. If other authors are found to be posting their photographic works on hurricane13.net, all claims are accepted at shop@hurricane13.net.
  1. PERIOD OF VALIDITY OF THE CONTRACT. PROCEDURE FOR MAKING CHANGES
    8.1. The Buyer’s acceptance of the Offer is a confirmation of the conclusion of the Agreement on the terms of the Offer.
    8.2. The Agreement comes into force from the moment the Buyer pays for the order and is valid until the Seller fulfills its obligations under this Agreement.
    8.3. The Seller has the right to amend the text of this Agreement at its sole discretion at any time and without prior notice to the Buyer. The current (current) version of the Agreement is always available on the website.
    8.4. The Buyer agrees and acknowledges that making changes to the Offer entails the introduction of these changes into the Agreement already in force between the Buyer and the Seller, and these changes in the Agreement come into force with such changes in the Offer.
  2. CONFIDENTIALITY
    9.1. The Seller guarantees the secrecy of the information that the Buyer indicates during registration or when placing an order.
    9.2. The seller guarantees that personal data will not be used for personal gain, on third-party resources or to spread spam.
    9.3. When placing an order, the Buyer agrees to the processing of his personal data, which are stored in the Seller’s database solely for identifying the Buyer / Recipient upon repeated orders, and for their correct execution. If the Buyer refuses, the Seller will not be able to properly process the order.
  3. LIABILITY
    10.1. The Seller bears all risks associated with the loss or damage of the goods until they are handed over to the Buyer.
    10.2. The Recipient or the one who accepted the goods at the time of the Recipient’s absence bears all risks associated with the loss or damage of the goods from the moment of their acceptance.
    10.3. The seller has the right to transfer his rights and obligations to fulfill orders to third parties, without being relieved of responsibility.
    10.4. The Seller is not responsible for the improper use or storage of goods by the Buyer ordered from hurricane13.net.
    10.5. Responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
    10.6. The parties agree that any disputable situations, the solution of which could not be reached through negotiations, are resolved in accordance with the current Ukrainian legislation.