Contract-offer

1. GENERAL PROVISIONS

 

1.1. Acceptance of the terms of the contract, which is a public offer, gives the Buyer the status of a buyer from the Seller.

1.2. In the case of concluding the Agreement, the Buyer confirms his full agreement and familiarity with the terms of the Agreement. If the Buyer is an individual, he also allows the Seller to process his personal data to fulfill the terms of the Agreement, make payments and issue the necessary documents.

1.3. This Agreement provides for the Customer's indefinite permission to process his personal data for the entire period of validity of the Agreement and after its expiration. By entering into this Agreement, the Customer confirms that the Seller informed him of his rights, which are established by the Law of Ukraine "On the Protection of Personal Data". The type of data collection, as well as the transfer of his personal data to the Seller for the fulfillment of the terms of the Agreement, making calculations and obtaining the necessary documentation. The Customer also agrees that the Seller has the right to transfer his personal data to third parties without additional information, while keeping the purpose of personal data processing unchanged.

The Customer also agrees that the Seller has the right to transfer his personal data to third parties without informing the Customer, while preserving the purpose of personal data processing. The customer is fully aware of the scope of his rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data". The use of the Seller's services implies the Customer's full understanding and agreement with these terms and conditions.

 

2. TERMS AND DEFINITIONS

A Website Visitor is a person who entered the website without intending to place an Order.

User is an individual who visited the website and accepted the terms of this Agreement with the aim of placing an Order on the website /.

Buyer is a User who has successfully placed an Order on the website /.

The Seller is an individual entrepreneur, registered in accordance with the Statement of State Registration № 1035/10-13-13-01 dated 08.05.2018, managing the website located on the Internet at: https://boxescake.com

The online store is a website owned by the Seller and located by the address, where goods are offered for purchase, with terms of delivery and payment by Buyers.

Website - https://boxescake.com.

A Product is a product offered for sale on the website of an online store. The description, price and name of the product are presented, and it is possible to add product images.

An Order is a Buyer's request, executed for the purchase and delivery of goods at the address: https://boxescake.com, chosen by the Buyer on the Seller's Website.

Personal account is a personal section on the Seller's website, to which the Buyer gets access after registration. In the personal account, the Buyer can view his personal information, change it, as well as view the history of placed orders and their fulfillment status.

3. SUBJECT OF THE AGREEMENT

3.1. This Agreement allows the User to purchase goods presented in the online store catalog at https://boxescake.com for personal, home, family and other needs not related to business activities.

3.2. This Agreement applies to all types of goods and services that are listed on the website and for which offers with a description are displayed in the online store catalog.

4. REGISTRATION ON THE WEBSITE

4.1. To register on the Website, go to the link /user/register/.

4.2. Registration on the Website is not mandatory for placing an Order.

4.3. The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.

4.4. The user undertakes not to disclose the login and password specified during registration to third parties. In case of suspicion of unauthorized use of the login and password, the User undertakes to notify immediately the Seller by sending relevant email to: [email protected].

4.5. Communication of Users/Buyers with the Seller's representatives should be based on generally accepted moral and ethical principles. It is strictly forbidden to use obscene language, insulting expressions and insults, as well as threats and blackmail, regardless of who and to whom they were addressed.

5. GOODS AND PURCHASE PROCEDURE

5.1. The seller undertakes to have in his warehouse the goods presented on the site. Product photos may differ slightly from the actual appearance due to the characteristics of color rendering on different devices used to view the site. The characteristics of the goods and the description of the accompanying items are not complete and may contain typographical errors. Information on the site is updated every 60 minutes.

5.2. If the Buyer has ordered a product that is not available in the Seller's warehouse, the latter has the right to cancel the order or remove the ordered product from the list by notifying the Seller about this by means of an appropriate electronic message, which will be sent to the address specified by the Buyer during registration. The Seller may offer an alternative product or make other agreement with the Buyer.

5.3. In the case of full or partial cancellation of a prepaid order, the Seller returns the price of the removed product to the Buyer in the way the original payment was made.

5.4. The Buyer bears full responsibility for providing false data that may lead to improper fulfillment of the Seller's obligations to the Buyer.

5.5. After placing an order on the website, the Buyer is sent a message indicating the expected delivery date to the e-mail address specified by the Buyer during registration or by phone. The manager who serves the order, must contact the Buyer to clarify the details of the order and agree on a delivery date, which depends on the availability of the ordered goods in the Seller's warehouse and the time required to process and deliver the order.

5.6. The Buyer must be informed of the expected date of transfer the order to the delivery service by the manager who serves the order. This information can be sent to the Buyer by e-mail, phone call or SMS. The manager must notify the delivery date of the order to the delivery service in accordance with the delivery terms and conditions.

6. PRICE AND PAYMENT PROCEDURE

6.1. The price of each individual product is determined by the Seller and indicated on the website of the online store. The price of the order is calculated by adding the value of all goods included in the order and subject to payment. The price of the order is indicated on the website of the online store when placing the order.

6.2. The price of the contract is equal to the price of the order. The amount of the order may vary depending on the price and quantity of products that have been selected for the order.

6.3. The buyer pays for the order himself. The seller does not participate in the payment.

I offer a revised version of the text:

6.5. The order is considered paid when the payment is received on the bank account of the Seller or his representative. The fact of payment confirms the Buyer's agreement with the terms of this contract.

6.6. The price of the product, which is indicated on the website of the online store, can be changed by the Seller if necessary. At the time when the Buyer placed the order, the price of the product remains unchanged.

6.7. The goods will not be reserved until the funds are received from the Buyer to the Seller's account. The seller can`t guarantee the preservation of the goods in the warehouse in stock in the quantity that was specified at the time of placing the order, which may lead to an increase in the processing time of the order. If it is necessary to increase the processing time of the order, the Buyer has the right to a refund of funds paid to the seller. To make a refund. The buyer is obliged to notify the Seller of the details of the bank account to which the Seller is obliged to make the return of funds.

7. RETURN OF GOODS AND MONEY

7.1. Return of goods of suitable quality:

7.1.1. The Buyer has the right to refuse the ordered goods before receiving them and within 14 days after receiving them with the exception of the goods listed in clause 7.2.4. of this Agreement. The condition for the return of the product of proper quality is the preservation of the product appearance and consumer properties, as well as the presence of a document confirming the fact and conditions of purchase of the corresponding product.

7.1.2. In the case of the Buyer's rejection of the goods in accordance with Clause 7.2.1., the Seller returns the cost of the returned goods to the Buyer, with the exception of the costs associated with the delivery of the goods to the Buyer and the return of the goods to the Seller. The application for the return of the goods, filled out by the buyer, must be submitted together with the returned goods. The Seller must make a refund within 10 days from the date of receipt of the returned goods at the Seller's warehouse.

7.1.3. If, at the time of the Buyer's application, the Seller does not have a similar product for sale, the Buyer has the right to refuse to perform this Agreement and demand the return of the amount paid for the specified goods. The Seller is obliged to return the amount paid by the Buyer within 3 days from the moment of receiving the notice from the Buyer about the refusal to perform this Agreement and the return of the goods.

7.2. Return of goods of inappropriate quality:

7.2.1. A product of inadequate quality means a product with manufacturing defects. The received product must correspond to the description on the website. Differences in the design or design of the product from the declared description on the website are not considered as defects of the product of inadequate quality.

7.2.2. Upon delivery of the goods, the Recipient must check the appearance and completeness of the entire Order.

7.2.3. During the delivery of the goods, the Buyer must sign the delivery receipt. After receiving the Order, claims regarding external defects, quantity, completeness and appearance of the product are not accepted.

7.2.4. In case of detection of product defects that were not known to the Buyer at the time of receipt and are not related to mechanical damage or use of the product in violation of the instructions, the Buyer has the right to return the product to the Seller and receive full compensation for this product within 14 days. At the same time, refunds for the goods and costs for their delivery to the Buyer will be made in accordance with clause 7.2 of this Agreement.

7.2.4. Claims for the return of the amount of money paid for the goods must be satisfied within 14 days from the date of submission of the corresponding claim (Law of Ukraine № 1023-XII "On the Protection of User Rights", 12.05.1991).

7.3. Refunds are made by returning the cost of the paid Goods to a bank card.

 

8. LIABILITY

The Seller is not responsible for the Buyer's choice of Goods, he only guarantees the conformity of all ordered items.

9. CONFIDENTIALITY AND PROTECTION OF INFORMATION

9.4. The Seller uses the personal data of the User/Buyer exclusively to fulfill obligations to the User/Buyer within the framework of this Public Offer, in particular to ensure processing and fulfillment of Orders, delivery of Goods, provision of information regarding Orders and payment, as well as to improve the quality of service Users/Buyers. The Seller does not transfer personal data to third parties, except when it is necessary to fulfill obligations to the User/Buyer (for example, transfer of delivery data to a delivery service).

9.5. The Seller does not store open user data and protects all information provided by Users/Buyers against unauthorized access, leakage and damage. All personal data is stored on secure servers using effective protection methods.

 

9.6. The Buyer has the right at any time to cancel his consent to the processing of personal data and to request their removal from the Seller's database. To do this, you need to contact the Support Service using the contact information specified on the Website.

The Seller ensures the fulfillment of this request within 10 working days from the moment of receipt of the request.

9.4.2. To deliver the Goods to the Buyer.

9.4.3. To inform the User/Buyer about the status of his Order and other messages related to the execution of the agreement between the Seller and the User/Buyer.

9.4.4. To conduct marketing research and analyze the Website's traffic.

9.4.5. To ensure the effective operation of the Website and ensure the safety of its use.

9.4.6. To develop and improve the services and functionality of the Website.

9.5. The Seller undertakes to maintain the confidentiality of the User's /Buyer's personal data and to take all necessary measures to protect them from unauthorized access, opening, use, storage or transfer.

 

9.1. When registering on the Website, the User provides the following information: name, phone number, e-mail address, password for access to the Website.

9.2. By providing his personal data to the Seller, the Site Visitor /User /Buyer agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller. As well as the transfer of personal data to third parties engaged by the Buyer to fulfill obligations to the Website Visitor /User/Buyer within this Public Offer.

9.4. The Seller uses the personal data of the User/Buyer:

 to register the User/Buyer on the Website;

 to deliver the Goods to the Buyer;

 to inform the User/Buyer about the status of his Order and other messages related to the execution of the agreement between the Seller and the User/Buyer;

 to evaluate and analyze the performance of the Website;

 to conduct marketing research and analyze the Website's traffic;

 to determine the winner in promotions conducted by the Seller;

 to ensure effective operation of the Website and ensure the safety of its use;

 to develop and improve the services and functionality of the Website.

9.5. The Seller has the right to send information, including advertising messages, to the e-mail and mobile phone of the User/Buyer with his consent. The Buyer/ User has the right to refuse to receive advertising and other information without prior explanation of the reasons for refusal. Service messages informing the User/Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User/Buyer.

9.6. The Buyer has the right at any time to withdraw the permission to process his personal data and to request their removal from the Seller's database. To do this, you need to contact the Support Service at the email address specified on the Website.

The Seller cannot be responsible for any information provided by the User/Buyer on the Website in a publicly available form. The Seller is not obliged to check and control this information. This means that Users and Buyers must assume the appropriate risks associated with the use of information contained on the Website.

The Seller is not responsible for any damage, harm, loss or threat that may arise as a result of using the Website or the information provided on it.

                                                                                                                            

In addition, it is important to note that the Website may contain links to other websites. The Seller is not responsible for any information contained on external websites to which links are provided on the Site. Users and Buyers should be aware that they are responsible for any risks associated with the transition to external websites and cannot rely on the Seller to be responsible for such risks.

Thus, the Seller can only guarantee the authenticity of the information provided by the Seller himself on the Website.

Users and Buyers should know and understand their rights and obligations under the law, and should not expect the Seller to be responsible for their actions in controlling and using information on the Website.

9.7. The Seller has the right to use "cookies" technology. "Cookies" do not contain confidential information and do not pass on to a third party.

9.8. The Seller receives information about the IP address of the Website Visitor. This information is not used to identify the visitor.

9.9. The Seller is not responsible for the information provided by the User/Buyer on the Website in a publicly available form.

10. ADDITIONAL TERMS

10.1. The online store and the services may be temporarily partially or completely unavailable due to preventative or other work or for any other technical reasons. The Seller's technical service has the right to carry out necessary preventive or other work with or without prior notice to the Buyers.

10.2. The provisions of Ukrainian legislation apply to the relationship between the User/Buyer and the Seller.

10.3. When force majeure becomes the reason for the impossibility of performance of the contract, the parties are released from responsibility for such non-performance. This refers to extraordinary circumstances that cannot be foreseen by the parties and are not subject to their control. These circumstances may include force majeure, natural disasters, war or threat of war, mass demonstrations, and others.

10.4. The Seller is not responsible for damage caused to the User/Buyer as a result of using the Website and providing services, if such damage is caused by the actions of third parties, improper use of the Website and services by the User/Buyer, loss of access to the Website or loss of data.

10.5. The Seller reserves the right to refuse services to the User/Buyer in case of violation of this Public Offer or in case of suspicion of unreliability of the provided data.

10.6. The Seller is not responsible for damages or losses caused to a specific User/Buyer as a result of using the Website, if such damages or losses were not previously foreseen by this Public Offer. If any provision becomes invalid, this does not affect other provisions of the contract and does not entail its invalidity as a whole. Each provision of the contract has meaning only in the context of its compliance with the principles of operation of legislation and other legal acts.

10.7. The Seller has the right to apply changes to this Public Offer at any time without prior notice to the User/Buyer. Continued use of the Website after such changes is confirmation of the User's/Buyer's agreement with the other terms of this Public Offer.

10.8. In case of disputes or disagreements related to the fulfillment of the terms of this Public Offer, the parties agree on their resolution through negotiations. In case of failure to reach an agreement, the dispute may be referred to the court in accordance with the current legislation of Ukraine.

10.9. In case of any circumstances that were not foreseen at the time of the conclusion of this Agreement, or a change in the law, make it impossible to implement the agreement according to its original terms, the parties may conduct negotiations to amend the agreement in order to adapt it to the new circumstances.