Public contract (offer) for the order, purchase, sale and delivery of goods
This agreement is an official and public offer of the Amoslook Online Store (hereinafter referred to as the Seller) to conclude a contract of sale of the Goods presented on the website https://amoslook.com/
This Agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another (except for those who are granted appropriate benefits by law). By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for an unscrupulous order and all other terms of the Agreement. The Agreement is considered concluded from the moment the Buyer clicks the "ORDER" button on the order page in the "Your Order" Section and receives the order confirmation from the Seller in electronic form or by telephone.
1. Definition of terms
• 1.1. Public offer (hereinafter referred to as the "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract of purchase and sale of goods with the Seller remotely (hereinafter referred to as the "Agreement") through the Online Store on the website: https://amoslook.com/ on the terms and conditions contained in this Offer.
• 1.2. Goods or Services – the object of the agreement between the parties, which was selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
• 1.3. Online store – the Seller's website at https://amoslook.com/ created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
• 1.4. Buyer – any legally capable person who, in accordance with the procedure provided for by this Agreement, has voluntarily fully accepted (accepted) all of its terms and conditions without exception.
• 1.5. The Seller is a contact person, an individual entrepreneur Pak Vyacheslav Dmitrievich. The contact details and working hours of the Seller are specified in the "Contacts" section on the website: https://amoslook.com/ of the Online Store.
• 1.6. All other terms not separately defined in this Agreement shall be understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject matter of this Agreement.
2. Subject of the Agreement
• 2.1. 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.
• 2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the moment of delivery (transfer) of the Goods under the conditions of full (100%) payment by the Buyer of the cost of the Goods and/or the date of filling out by the Buyer the order form located on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form or by telephone. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.
3. Placing an Order
• 3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by e-mail or by phone number specified in the contacts section of the Online Store.
• 3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicions about its validity.
• 3.3. When placing an order on the website of the Online Store. The Buyer independently and at his own discretion selects the available and offered for sale Goods and: - clicks the "ORDER" button and independently fills out and sends the "Your Order" form to the Seller, in which, in particular, he must indicate his last name, first name and patronymic, his contact phone number, his e-mail address, the chosen payment method, the chosen method and the desired place of delivery of the Goods 3.4. The name, quantity, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the Online Store.
• 3.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer does not request the necessary/additional information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
• 3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.
• 3.7. After filling out the "Order Form", the Buyer must carefully read all the terms of this Agreement, and in case of acceptance of these terms in full - click the "Confirm Order" button, which is considered the fact of the Buyer sending the relevant Order for the selected Product.
• 3.8. This Agreement is considered concluded, and the Seller's proposal to conclude this Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the "Confirm order" button on the website: https://amoslook.com/.
• 3.9. By clicking on the "Confirm order" button, the Buyer confirms his full and complete agreement with all the terms of this Agreement without exception, including the terms of delivery and payment for the Goods at the prices indicated on the website of the Online Store on the date of conclusion of this Agreement by the Buyer.
• 3.10. By clicking on the "Confirm order" button, the Buyer confirms that he has been notified by the Seller in a convenient and accessible manner, in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine "On Consumer Rights Protection" about:
• location and operating hours of the Seller;
• main characteristics and consumer properties of the Goods selected by the Buyer;
• the cost of the Goods selected by the Buyer, as well as the cost of their delivery to the Buyer;
• method, procedure and conditions of payment and delivery of the Goods selected by the Buyer;
• procedure for accepting claims;
• the period for accepting a proposal (offer) to conclude this public Agreement;
• procedure for terminating this Agreement;
• other conditions under which the Goods are offered for sale.
• 3.11. By clicking on the "Confirm order" button, the Buyer confirms that he has fully and properly received all necessary, accessible, reliable and timely information about the Product he has chosen, in accordance with the requirements of Article 15 of the Law of Ukraine "On Protection of Consumer Rights", which fully ensured the possibility of a conscious and competent choice of this Product.
• 3.12. Clicking the "Confirm order" button by the Buyer is considered to be unconditional and full acceptance by the Buyer of all the terms of this Agreement without exceptions, as well as entry into the relevant contractual legal relationship with the Seller. In cases provided for by the current legislation of Ukraine, this Agreement is concluded in writing.
• 3.13. The term for processing and processing by the Seller of an Order for Goods sent by the Buyer is up to 2 (two) business days from the date of filling in and sending by the Buyer, in accordance with the procedure established in clauses 3.1.-3.2. of this Agreement, the form of such an Order for Goods. If the specified Order for Goods was sent by the Buyer on a weekend or holiday, the term for processing and processing this Order for Goods begins on the first business day after the weekend or holiday (* this clause applies only to the processing and processing of the order, and not to the term for manufacturing the Goods).
• 3.14. The Buyer is responsible for the accuracy of the information provided when placing an Order.
4. Price and Delivery of the Goods
• 4.1. Prices for the Goods are determined by the Seller independently and are indicated on the website of the Online Store. All prices for the Goods are indicated on the website in the national currency - hryvnia.
• 4.2. Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of a single unit of Goods, the cost of which has been paid in full by the Buyer, may not be changed unilaterally by the Seller.
• 4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivering the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
• 4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer's address.
• 4.5. The Seller may indicate the approximate cost of delivering the Goods to the Buyer's address when the Buyer makes a relevant request to the Seller by sending an email or when placing an order through the online store operator.
• 4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds into his account.
• 4.7. Payments between the Seller and the Buyer for the Goods are made by the methods specified on the Online Store website in the "Payment Method" section.
• 4.8. Failure by the Buyer to fulfill its obligations to pay for the Goods ordered by it is considered a unilateral refusal by the Buyer from this Agreement in full, which, accordingly, results in the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.
• 4.9. All payments under this Agreement shall be made exclusively in the national currency of Ukraine. The Seller may, for the convenience of informing some Buyers, also indicate the price in foreign currency, while the amount payable in hryvnias shall be determined at the official exchange rate of the relevant currency on the day of payment.
• 4.10. If the Buyer ordered the Goods without delivery, he can independently receive the ordered Goods at the Seller's address specified in the "Contacts" section on the Amoslook Online Store website.
• 4.11. If the Buyer has ordered the Goods with delivery, the Seller undertakes, within the period specified in the relevant automatic electronic notification about the processing of the Buyer's Order for the Goods, but in any case no later than 30 (thirty) calendar days from the moment the Buyer concludes this Agreement (the Buyer's acceptance of the Seller's offer), to deliver the ordered Goods to the Buyer or the Recipient of the Goods to the place of delivery of the Goods specified by the Buyer in the relevant Order for the Goods.
• 4.12. Delivery of the Goods is carried out by the Seller in the manner and to the place specified by the Buyer in the relevant Order for the Goods.
• 4.13. The cost of delivery of the Goods ordered by the Buyer is determined depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.
• 4.14. Delivery and handover (transfer) of the ordered Goods by means of the delivery service of Nova Poshta LLC is carried out under this Agreement, taking into account the specifics of the terms of delivery of goods established by Nova Poshta LLC.
• 4.15. The risk of accidental destruction, loss or damage to the ordered Goods passes to the Buyer from the moment of delivery (transfer) of this Goods to the Buyer or Recipient of the Goods.
• 4.16. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
• 4.17. The Buyer or his representative, upon receipt of the Goods, confirms with his signature on the goods receipt/or in the order/or in the transport note for the delivery of the Goods. 4.17.1. The signature of the Buyer or Recipient of the Goods on the second copy of the Order form for the Goods is an unconditional confirmation of the following facts: - receipt of the ordered Goods by the Buyer or Recipient of the Goods; - compliance of the ordered Goods with the Order for this Goods sent by the Buyer; - the Buyer has no claims regarding the quality and completeness of the ordered Goods.
• 4.18. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
• 4.19. This Agreement is considered to be fulfilled at the moment of delivery (transfer) to the Buyer or Recipient of the Goods of the complete Goods ordered by the Buyer of proper quality, which fully corresponds to the Order for this Goods sent by the Buyer.
• 4.20. Refusal by the Buyer or Recipient of the Goods to accept the ordered Goods that are of high quality, complete and fully comply with the Order for this Goods sent by the Buyer and/or refusal by the Buyer or Recipient of the Goods to sign documents for this Goods shall be considered a unilateral refusal by the Buyer from this Agreement in full, which, accordingly, shall result in the termination in full of all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's offer to conclude this Agreement, except for the Seller's obligations to - refund the funds paid by the Buyer for the Goods (if such funds were paid), and the Buyer's obligation to pay for delivery (in case of ordering courier delivery of the goods).
5. Rights and obligations of the Parties
• 5.1. The Seller is obliged to:
• 5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
• 5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
• 5.1.3. The seller, who has received payment for the goods, provides the buyer with an electronic document, receipt, merchandise or cash receipt confirming the fact of receipt of funds, indicating the date of payment. **In the case of receiving the goods at the post office (subject to cash on delivery using the "cash on delivery" service), the corresponding document confirming the fact of payment for the goods is issued by the post office.
5.2. The Seller has the right:
• 5.2.1 Change the terms of this Agreement, as well as the prices for Goods and Services, unilaterally by posting them on the Online Store website. All changes shall come into force from the moment of their publication.
• 5.2.2. Conduct Sales and offer Promotional Offers that provide a temporary opportunity to purchase Goods on more favorable terms than usual;
5.3 The Buyer undertakes:
• 5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
• 5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies him as the Buyer and is sufficient to deliver the ordered Goods to the Buyer and/or provide full bank details for the refund.
• 5.3.3. In accordance with the procedure and under the conditions established by this Agreement, accept the ordered high-quality and complete Goods;
5.4 The Buyer has the right:
• 5.4.1. Require the Seller to fully and properly fulfill the terms of this Agreement;
• 5.4.2. In case of erroneous recalculation of a larger amount and/or return of the goods or in case of inability to fulfill the paid order by the Seller, within 3 calendar days from the moment of occurrence of one of the listed cases, provide return details for the return of the transferred funds or contact the Seller with a request to transfer the funds to the status of "prepayment for future goods", the validity period of which will last 3 (three) months. That is, during the specified period, the Buyer selects the next Product from any collection of the Amoslook Online Store and orders it, and in case of insufficient "prepayment", the Buyer pays an insufficient amount of funds in relation to the cost of the ordered Product.
• If the Buyer has not exercised the right to place a new order within 3 months from the date of crediting the "prepayment", the Online Store sends a message via Viber or SMS to the Buyer's phone number specified in the previous order of the Goods, requesting the latter to provide their bank details for the return of the "prepaid funds". The Buyer is obliged to comply with the Seller's request within 10 calendar days and provide bank details for the return of the specified funds or provide any other feedback within a ten-day period, otherwise such funds remain the property of the Seller.
• 5.4.3. To withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
• 5.4.4. In the event of termination or refusal from this Agreement, demand from the Seller a refund of the funds paid for the Goods;
• 5.4.5. Exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
6.Exchange and return of Goods
6.1. EXCHANGE
• 6.1.1. The Buyer has the right, within the period established by the current legislation of Ukraine, to exchange the Goods of proper quality for a similar one from the Seller, if the Goods do not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose.
• 6.1.2. The exchange of Goods of proper quality is carried out if it has not been used and if its presentation, consumer properties, seals and labels, as well as the payment document issued to the consumer together with the sold Goods, have been preserved.
• 6.1.3. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with significant defects, is carried out by the Seller on the basis of a written application from the Buyer, delivered personally to the Seller's representative or sent to the Seller's address specified on the website of the Online Store.
• 6.1.4. The Buyer's requirements for the exchange of Goods of proper quality, as well as the Buyer's requirements for the exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, shall be immediately satisfied by the Seller, but in any case no later than 14 (fourteen) days from the date of receipt from the Buyer of the application specified in clause 6.1.3. of this Agreement.
• 6.1.5. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with significant defects is carried out by the Seller if the Buyer has an appropriate payment document of the established form (receipt, merchandise or cash receipt) confirming the sale of the Goods to the Buyer, with a note on the date of sale (date of transfer) of the Goods.
7. Procedure for terminating the Agreement
• 7.1. The Buyer has the right to terminate this Agreement in the cases and within the time limits established by the current legislation of Ukraine, by notifying the Seller thereof in accordance with the procedure established in clause 7.2. of this Agreement.
• 7.2. A notice of termination of this Agreement shall be considered the Buyer's application for a refund of the funds paid for the Goods, sent to the Seller in accordance with the procedure established by applicable law, taking into account the terms of the Agreement.
• 7.3. This Agreement is considered terminated from the moment the Seller receives the Buyer's application for a refund of the funds paid for the Goods.
• 7.4. To exercise his right to terminate this Agreement, the Buyer must save and present to the Seller the appropriate payment document of the established form (receipt, merchandise or cash receipt) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods.
• 7.5. Termination of this Agreement by the Buyer shall result in the return of the purchased (received) Goods to the Seller in accordance with the procedure established by Section 6 of this Agreement.
8. Responsibility
• 8.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.
• 8.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
• 8.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
• 8.4. The Seller or the Buyer shall be exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
9. Confidentiality and protection of personal data
• 9.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions stipulated by the Law of Ukraine "On Personal Data Protection", without limiting the validity period of such consent.
• 9.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
• 9.3. The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for poor performance or failure to perform its obligations due to the outdated or inaccurate information about the Buyer.
10. Other conditions
• 10.1. This agreement is concluded on the territory of Ukraine and is a public agreement (offer) for the retail purchase and sale of Goods at a distance using means of distance communication (Internet) through an online store.
• 10.2. Withdrawal or change of the terms of the offer to conclude this public Agreement, as well as change of the terms of this public Agreement, may be made by the Seller at any time without additional notice to the Buyer.
• 10.3. Withdrawal or change of the terms of the offer to conclude this public Agreement, as well as change of the terms of this public Agreement, cannot be the basis for: - any revision or change of the terms or termination of agreements that have already been concluded by the Seller with the Buyers under the terms of this public Agreement; - the Seller's refusal from the obligations assumed under agreements that have already been concluded with the Buyers under the terms of this public Agreement.
• 10.4. The terms of the offer to conclude this public Agreement, as well as the terms of this public Agreement, are the same for all Buyers.
• 10.5. Conclusion of this public Agreement (acceptance by the Buyer of the Seller's offer) is considered unconditional and full acceptance by the Buyer of all the terms of this public Agreement without exceptions, including essential terms, as well as entry into the relevant contractual legal relationship with the Seller.
• 10.6. Confirmation of the fact of concluding this public Agreement is the automatic electronic notification sent by the Seller to the Buyer about the processing of the Order for the Goods, specified in clause 3.3. of this public Agreement.
• 10.7. The recognition of individual terms of this Public Agreement as invalid, void or ineffective shall not result in the recognition of any other terms of this Public Agreement as invalid, void or ineffective.
• 10.8. By concluding this public Agreement, the Buyer gives his full, complete and unconditional consent to receive from the Seller via SMS, e-mail, social networks, etc. information messages about the news of the Online Store, as well as about Promotional Offers and Sales of Goods held by the Seller in the Online Store.
• 10.9. By filling out the "Order Form" and/or completing the registration procedure on the website: https://amoslook.com/ Online Store, the Buyer provides his full and unconditional consent to the Seller's processing and use of information about the Buyer, including information that, in accordance with the current legislation of Ukraine, is considered personal data, exclusively for the following purposes:
• for the purpose of registering and identifying the Buyer in the Online Store;
• in order to update the Buyer's registration password in the Online Store;
• for marketing purposes, namely: notifying the Buyer via SMS, e-mail, social networks, etc. about the news of the Online Store, Promotional Offers and Sales of Goods held by the Seller in the Online Store, conducting an analysis of the consumption market of the Goods, determining the circle of potential Buyers, determining the needs of potential Buyers in the Goods offered for sale, etc.;
• for the purpose of the Seller's conscientious performance of its contractual obligations to the Buyer, including obligations to deliver the Goods;
• for the purpose of the Seller's compliance with the requirements of the current legislation of Ukraine, including legislation on consumer protection.
• 10.10. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to seek resolution of the dispute in court in accordance with the current legislation of Ukraine.
• 10.11. The legal relations arising from this public Agreement are subject to the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine "On Protection of Consumer Rights", the Rules for the Sale of Goods to Order and Outside Commercial or Office Premises, approved by Order of the Ministry of Economy of Ukraine dated April 19, 2007 No. 103.
• 10.12. On all issues not covered by this public Agreement, the Parties shall be guided by the norms of the current legislation of Ukraine.