Public offer agreement
Public offer agreement for the online store shop.territoryofyoga.com
agreement is an official and public offer of the Seller to enter into a
contract for the sale of the Goods presented on the website
shop.territoryofyoga.com. This agreement is public, i.e. in accordance with
Article 633 of the Civil Code of Ukraine, its terms and conditions are the same
for all buyers regardless of their status (individual, legal entity, individual
entrepreneur) without giving preference to one buyer over another. By entering
into this Agreement, the Buyer fully accepts the terms and conditions and the
procedure for placing an order, paying for the goods, delivering the goods,
returning the goods, liability for an unfair order and all other terms of the
Agreement. The Agreement shall be deemed concluded from the moment the Buyer
clicks the "Confirm Order" button on the checkout page in the
"Cart" section and receives an order confirmation from the Seller in
1. Definition of terms
1.1. Public offer
(hereinafter referred to as the "Offer") is a public offer of the
Seller addressed to an indefinite number of persons to conclude a contract for
the sale of goods remotely with the Seller (hereinafter referred to as the
"Agreement") on the terms and conditions contained in this Offer.
1.2. Goods or
Service - the object of the agreement of the parties, which was selected by the
Buyer on the website of the online store and placed in the basket, or already
purchased by the Buyer from the Seller remotely.
1.3. Online Store
- the Seller's website at www.shop.territoryofyoga.com created for the
conclusion of retail and wholesale purchase and sale agreements on the basis of
the Buyer's acquaintance with the description of the Goods offered by the
Seller via the Internet.
1.4. The Buyer is
a legally capable individual who has reached the age of 18, receives
information from the Seller, places an order for the purchase of goods
presented on the website of the Online Store for purposes not related to the
conduct of entrepreneurial activity, or a legal entity or individual
1.5. Seller -
Individual entrepreneur "Maslennikova S.O." (identification code
3010606069), an individual established and operating in accordance with the
current legislation of Ukraine, whose location is: 9D Metrologichna St., Kyiv,
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 on the terms of this Agreement.
2.2. The date of
the 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 date of filling out the order form by the Buyer located on the
website of the online store, provided that the Buyer receives an order
confirmation from the Seller in electronic form. If necessary, at the request
of the Buyer, the Agreement may be executed in writing.
3. Placing an Order
3.1. The buyer
independently places an order in the online store through the "Shopping
Cart" form, or by placing an order by e-mail or by phone number indicated
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 suspicion
about their validity.
3.3 When placing
an order on the website of the online store, the Buyer undertakes to provide
the following mandatory information required by the Seller to fulfil the order:
name of the Buyer;
address to which the Goods should be delivered (if delivery to the Buyer's
identification code for a legal entity or individual entrepreneur.
3.4. The name,
quantity, article, 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 either
Party to the Agreement requires additional information, it has the right to
request it from the other Party. In case of failure to provide the necessary
information by the Buyer, 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
3.7. The Buyer's
acceptance of the terms of this Offer is carried out by the Buyer entering the
relevant data in the registration form on the website of the online store or
when placing an Order through the operator. After placing an Order through the
Operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is
responsible for the accuracy of the information provided when placing the
concluding the Agreement, i.e. accepting the terms of this offer (the proposed
terms of purchase of the Goods), by placing an Order, the Buyer confirms the
а) The Buyer is
fully and completely familiar with and agrees to the terms of this offer;
b) he/she gives
permission for the collection, processing and transfer of personal data, the
permission to process personal data is valid for the entire term of the
Agreement, as well as for an unlimited period after its expiration. In
addition, by entering into the Agreement, the Buyer confirms that he/she has
been notified (without additional notice) of the rights established by the Law
of Ukraine "On Personal Data Protection", of the purposes of data
collection, and that his/her personal data is transferred to the Seller in
order to fulfil the terms of this Agreement, to make mutual settlements, and to
receive invoices, acts and other documents. The Buyer also agrees that the
Seller has the right to provide access to and transfer his personal data to
third parties without any additional notice to the Buyer in order to fulfil the
Buyer's order. The scope of the Buyer's rights as a subject of personal data in
accordance with the Law of Ukraine "On Personal Data Protection" is
known and understood by him.
4. Price and Delivery of the Goods
4.1 The prices
for the Goods and services are determined by the Seller independently and are
indicated on the website of the Online Store. All prices for the Goods and
Services are indicated on the website in UAH including VAT.
4.2 Prices for
the Goods and Services may be changed by the Seller unilaterally depending on
market conditions. At the same time, the price of a separate unit of the Goods,
the cost of which has been paid by the Buyer in full, cannot be changed by the
4.3. The cost of
the Goods indicated on the website of the online store does not include the
cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery
of 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 delivery of the Goods to the Buyer's address.
4.5. The Seller
may indicate the approximate cost of delivery of the Goods to the Buyer's
address when the Buyer contacts the Seller with a request by sending an e-mail
or when placing an order through the operator of the online store.
4.6. The Buyer's
obligations to pay for the Goods are considered fulfilled from the moment the
Seller receives funds to his account.
between the Seller and the Buyer for the Goods shall be made in the manner
specified on the website of the online store in the section "Payment and
4.8. Upon receipt
of the Goods, the Buyer shall, in the presence of a representative of the delivery
service (carrier), check the compliance of the Goods with the qualitative and
quantitative characteristics (name of the goods, quantity, completeness, shelf
acceptance of the Goods, the Buyer or his/her representative shall confirm with
his/her signature in the sales receipt/ or in the order/ or in the consignment
note for the delivery of goods that he/she has no claims to the quantity of the
goods, appearance and completeness of the goods.
ownership and risk of accidental loss or damage to the Goods shall be
transferred to the Buyer or his Representative from the moment of receipt of
the Goods by the Buyer in the place of delivery of the Goods upon independent
delivery of the Goods from the Seller, or upon transfer of the Goods by the
Seller to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller
is obliged to:
the goods to the Buyer in accordance with the terms of this Agreement and the
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.
5.2. The Seller
has the right to:
5.2.1 Change the
terms of this Agreement, as well as the prices for Goods and services,
unilaterally by posting them on the website of the Online Store. All changes
come into force from the moment of their publication.
5.3 The Buyer
5.3.1 Prior to
the conclusion of the Agreement, familiarise 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 fulfil its obligations to the Buyer, the latter must provide
all the necessary data that uniquely identify him as the Buyer and are
sufficient to deliver the ordered Goods to the Buyer.
6. Return of the Goods
6.1. The Buyer
has the right to return to the Seller non-food goods of good quality if the
goods do not satisfy him in terms of shape, size, style, colour, size or for
other reasons cannot be used for their intended purpose. The buyer has the
right to return the goods of good quality within 14 (fourteen) days, excluding
the day of purchase. The goods of good quality shall be returned if they have
not been used and if their presentation, consumer properties, packaging, seals,
labels, as well as the payment document issued to the Buyer for payment for the
Goods are preserved. The list of goods that are not subject to return on the
grounds provided for in this clause is approved by the Cabinet of Ministers of
6.2. The Buyer
shall be refunded the cost of the Goods of good quality within thirty (30) calendar
days from the date of receipt of such Goods by the Seller, subject to the
requirements provided for in clause 6.1. of the Agreement, the current
legislation of Ukraine.
6.3. The cost of
the goods shall be refunded by bank transfer to the Buyer's account.
6.4. The return
of the Goods of good quality to the Seller's address is carried out at the
expense of the Buyer and the Seller does not reimburse the Buyer.
6.5. In case of
detection of defects in the Goods during the established warranty period, the
Buyer personally, in the manner and within the time limits established by the
legislation of Ukraine, has the right to make claims to the Seller provided for
by the Law of Ukraine "On Protection of Consumer Rights". In case of
claims for free elimination of defects, the period for their elimination shall
be calculated from the date of receipt of the Goods by the Seller at its
disposal and physical access to such Goods.
Consideration of the requirements provided for by the Law of Ukraine "On
Consumer Protection" is carried out by the Seller, provided that the Buyer
provides the documents provided for by the current legislation of Ukraine. The
Seller shall not be liable for defects in the Goods that arose after their
transfer to the Buyer as a result of the Buyer's violation of the rules for the
use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer
shall not be entitled to refuse the Goods of good quality with individually
defined properties if the said Goods can be used exclusively by the Buyer who
purchased them (including, at the Buyer's request, non-standard sizes,
characteristics, appearance, equipment, etc.) Confirmation of the fact that the
goods have individually defined properties is the difference in the size of the
goods and other characteristics indicated in the online store.
6.8. The return
of goods, in cases provided for by law and this Agreement, is carried out at
the address indicated on the website in the "Contacts" section.
7.1. The Seller
is not responsible for damage caused to the Buyer or third parties as a result
of improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller
shall not be liable for improper, untimely fulfilment of the Orders and its
obligations in case the Buyer provides false or incorrect information.
7.3. 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.
7.4. The Seller
or the Buyer shall be released from liability for full or partial failure to
fulfil their obligations if the failure is the result of force majeure
circumstances such as war or hostilities, earthquake, flood, fire and other
natural disasters that have arisen regardless of the will of the Seller and/or
the Buyer after the conclusion of this Agreement. The Party that is unable to
fulfil its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal
8.1. By providing
his personal data on the website of the Online Store when registering or
placing an Order, the Buyer gives the Seller his voluntary consent to the
processing, use (including transfer) of his personal data, as well as to
perform other actions provided for by the Law of Ukraine "On Personal Data
Protection", without limiting the validity of such consent.
8.2. The Seller
undertakes not to disclose the information received from the Buyer. It shall
not be considered a violation if the Seller provides information to
counterparties and third parties acting on the basis of an agreement with the
Seller, including for the fulfilment of obligations to the Buyer, as well as in
cases where the disclosure of such information is required by the requirements
of the current legislation of Ukraine.
8.3. The Buyer is
responsible for keeping his personal data up to date. The Seller shall not be
liable for poor performance or non-performance of its obligations due to the
irrelevance of information about the Buyer or its inconsistency with reality.
9. Other terms and conditions
Agreement is concluded on the territory of Ukraine and is governed by the
current legislation of Ukraine.
9.2. 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 apply to the
judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller
shall have the right to amend this Agreement unilaterally as provided for in
clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may
also be made by mutual agreement of the Parties in the manner prescribed by the
current legislation of Ukraine.
DETAILS OF THE SELLER:
St., Kyiv, 03143, Ukraine
bank account UA343052990000026002036207878in JSC "Privatbank"