Public offer agreement and user agreement
Definition of terms:
Website means a website located on the Internet at https://thetechnicion.com/, including all its web pages.
Seller - the Website Owner and/or other legal entity or individual entrepreneur that legally posts information about goods and/or services that can be ordered on the Website.
Product - a list of assortment items posted on the Website.
Public Offer - a public offer of the Seller directed to an indefinite number of persons regarding the conclusion of an electronic contract for the sale of Goods on the terms and conditions determined by the THE TECHNICION online clothing store.
User/Buyer means a person who browses the information on the Website and/or orders the Goods using the technical tools of the Website and the contact phone numbers indicated on this Website.
Order - a duly executed and sent via the Website (or made by the contact phone numbers indicated on this Website) request of the User for the purchase of the selected Goods, indicating the data necessary for identification.
Acceptance means the User's actions aimed at accepting the terms of this Public Offer.
1. General provisions
1.1 This information posted on the Site contains the terms of purchase of the Goods and constitutes a Public Offer of the THE TECHNICION online clothing store addressed to an indefinite number of persons - Users of the Site.
1.2. The current terms and conditions of sale of goods, as well as information about the goods posted on the Website, are a public offer in accordance with Article 633 of the Civil Code of Ukraine.
1.3. Acceptance is the fact of the Order by the User/Buyer, which is the expressed intention of the User/Buyer to purchase the Goods selected on the Site.
1.4. By acceptance, the User/Buyer certifies his/her full agreement with all the terms and conditions of this Public Offer.
1.5. The Agreement shall be deemed concluded from the moment of confirmation and acceptance of the Order by THE TECHNICION online clothing store.
2. Information about the Product
2.1. The presented Goods contain the name, photos of samples and textual information about the Goods, available sizes, cost per unit of the Goods, etc.
2.2 The information posted on the Website is for informational purposes only. Photos of the Goods contained on the Site may differ from the actual appearance. To clarify information about the Goods, the User can contact the contact phone numbers listed on this Site.
3. Subject of the agreement
3.1. The subject matter of the Agreement is the opportunity provided to the User to purchase for personal needs the goods presented on the Website.
4. Product and purchase procedure
4.1 The Seller shall ensure the availability of the goods presented on the Website.
4.2. The User/Buyer may place an Order for any Product that is available for ordering on the Website.
4.3. The Buyer's order is placed online, through the basket.
4.4. The maximum order processing time is 3 business days.
4.5. In the absence of the goods ordered by the Buyer from the Seller, the latter has the right to exclude the specified goods from the order / cancel the order by notifying the User / Buyer using the contact information (phone, messengers, e-mail) provided by the User / Buyer when placing the Order.
4.6. In the event of the absence or impossibility of manufacturing the ordered Goods, the User/Buyer has the right to replace it with the Goods of a similar model or cancel the Order.
4.7. The User/Buyer has the right to cancel the Order by calling the Call Center numbers or by sending a message to messengers, e-mail.
4.8. The Buyer is fully responsible for providing false information that made it impossible for the Seller to fulfill its obligations to the Buyer.
5. Delivery of the Order
5.1. The method, as well as the approximate delivery time of the Goods are indicated on the Website in the "Delivery and Payment" section.
5.2. Delivery of orders is carried out on the territory of Ukraine and abroad. The cost of delivery of each order is calculated by the carrier based on the weight of the Goods, region and delivery method.
The Buyer can calculate the delivery within Ukraine on the official website of Nova Poshta https://novaposhta.ua/.
5.3. Orders are dispatched, if the Goods are available in the warehouse, within 1-3 business days from the date of crediting the funds to the current account. Upon delivery, the order is issued to the Buyer or a third party specified in the order as the buyer or recipient. If the Buyer is unable to receive the order, the order may be issued to a person who can provide accurate information about the order. When issuing an order, the carrier "Nova Poshta" has the right to require the recipient to present an identity document.
5.4. The parcel is delivered to the warehouse of the carrier "Nova Poshta" specified by the Buyer. To receive the parcel, you must present your passport and invoice number.
5.5. Upon receipt of the Goods, the Buyer shall have the right to check the Goods for compliance with the Order, quality, completeness, and to carefully try on the Goods.
4.5. The fact of acceptance of the Goods by the Buyer is the consent to pick up/accept the Goods from the delivery service, signing the documents confirming the delivery of the Order.
5.6. The risk of accidental destruction or accidental damage to the Goods passes to the Buyer from the moment the order is transferred to the carrier.
6. Price and payment for the Goods (Order)
6.1 The price of the Goods is indicated in UAH and includes all taxes provided for by law.
6.2 The price of the Goods is indicated on the Website. In case of incorrect indication of the price of the ordered Goods, the Seller informs the Buyer about this to confirm the order at the current price or cancel the order.
6.3 The price of the Goods on the Site may be changed by the Seller unilaterally. In this case, the price of the Goods ordered by the Buyer is not subject to change.
6.4. After paying for the ordered Goods, the Buyer receives an electronic fiscal receipt to the contact information (phone, messengers, e-mail) provided by the User/Buyer when placing the Order.
6.5. Payment for the Goods shall be made in UAH in accordance with the terms specified on the Site in the section
"Delivery and payment".
6.6. Payment for the Goods shall be made by the Buyer:
6.6.1. In cash or by card at the time of receipt of the order (in the amount corresponding to the cost of the order indicated on the Site, taking into account discounts, if any) with a preliminary prepayment in the amount determined by the Seller on the terms of payment by cash on delivery through the carrier "Nova Poshta" (payment is made upon receipt of the Goods at the warehouse of the carrier "Nova Poshta").
6.6.2. Online on the Site through the LiqPay system, in UAH, when placing an order (in the amount corresponding to the order value indicated on the Site, taking into account discounts, if any).
6.7. The Seller has the right to provide discounts on the Goods and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for their accrual may be changed by the Seller unilaterally.
6.8. The Buyer pays the commission of the carrier "Nova Poshta" for the delivery of funds from the Buyer to the Seller additionally.
7. Exchange and return of the Goods
7.1. The exchange and return of the Goods is carried out in accordance with the conditions specified on the Site in the section "Returns and exchanges".
7.2. The Buyer has the right to return or exchange the purchased Goods within 14 (fourteen) days from the date of receipt of the Goods only if they have not been used, if the presentation, consumer properties, factory packaging, labels and an expenditure document (sales or cash receipt or other document confirming the receipt of the Goods, indicating the date) are fully preserved.
7.3. The Buyer or the Seller has the right to terminate this agreement at any time before acceptance of the Goods by the Buyer.
7.4. The returned or exchanged Goods must be accompanied by a completed return/exchange form for this Goods with the reason for return or indication of the Goods for exchange.
7.5. Refunds paid for the Goods are made upon receipt of the Goods within 3-5 business days by returning the money transfer through the LiqPay system. If there is a commission of the recipient's bank for the transfer of the refund, it is paid by the Buyer.
7.6. Return of the Goods of good quality:
7.6.1. The return of the Goods of good quality is possible provided that they have not been used, if the presentation, consumer properties, factory packaging, labels and an expenditure document (sales or cash receipt or other document confirming the receipt of the Goods, indicating the date) are fully preserved. It is not allowed to put inscriptions, addresses, etc. on the packaging.
7.6.2. Delivery services for the return of the Goods of good quality shall be paid by the Buyer.
7.7. Return of goods of inadequate quality:
7.7.1. A product of inadequate quality means a product that cannot ensure the fulfillment of its functional qualities. The difference between the design elements, color or design from those stated in the description on the Site is not a sign of inadequate quality of the goods and / or the impossibility of its intended use.
7.7.2. Upon receipt of the order, no claims for external defects of the Goods, their quantity, completeness and presentation shall be accepted.
7.7.3. If the Buyer has been transferred to the Goods of inadequate quality, the Buyer has the right, in accordance with the Law of Ukraine "On Protection of Consumer Rights", to demand a refund of the money paid.
7.7.4. 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.
7.7.5. If the reason for the return was the Seller's error, the Buyer shall be refunded the full cost of the order. The error of the Seller's employee means: sending a different model; sending a different size; color mismatch of the model. This does not take into account the discrepancy in the shade of the same color, due to the fact that the same image may look different on different monitors.
7.7.6. Delivery services for the return of the Goods of inadequate quality shall be paid by the Seller.
8. Warranty for the Goods
8.1. In accordance with the Law of Ukraine "On Protection of Consumer Rights" and regulatory and technical documentation, THE TECHNICION online clothing store provides a warranty period for the use of clothing within 14 days from the date of sale.
8.2. The warranty period is the period during which THE TECHNICION online clothing store assumes the obligation to replace the relevant Goods or repair them free of charge in case of defects caused by the manufacturer.
8.3. In case of defects during the warranty period, you must file a complaint by calling the contact numbers listed on this Site, send photos of the defect to technicion2022@gmail.com or in messengers.
8.4. Upon confirmation of a defect due to the manufacturer's fault, THE TECHNICION online clothing store undertakes to act in accordance with Article 8 of the Law of Ukraine "On Protection of Consumer Rights".
8.5. In case of return of the Goods that have a significant defect in accordance with the Law of Ukraine "On Protection of Consumer Rights", THE TECHNICION online clothing store shall refund the money after receiving and examining the Goods. The delivery services of such Goods shall be paid by the Seller.
9. Rights and obligations of the Seller
9.1. The seller has the right to:
9.1.1. Unilaterally suspend the sale of Goods and the provision of services (refuse to place an Order, sell and deliver the Goods) in case of violation by the User/Buyer of the terms of the Public Offer;
9.1.2. At its sole discretion, unilaterally change the price of the Goods on the Website. The price of the Goods confirmed by the online clothing store THE TECHNICION. Order remains unchanged, except when the price may be reduced;
9.1.3. In case of absence or impossibility of manufacturing the Goods ordered by the Buyer, exclude this Goods from the Order or cancel the Order, necessarily notifying the Buyer using the contact details (phone, messengers, e-mail) provided by the Buyer when placing the Order;
9.1.4. At its sole discretion, unilaterally amend the terms of the Public Offer by posting (publishing) a new version on the Website. The amendments shall enter into force from the moment of their posting (publication), unless another term of entry into force is additionally specified when they are published.
9.2. The seller undertakes:
9.2.1. After receiving and confirming the Order, execute it properly;
9.2.2. Check the quality of the Goods during their packaging and preparation for shipment;
9.2.3. Send the Goods in accordance with the Order and the terms of the Public Offer.
10. Rights and obligations of the User/Buyer
10.1. The User/Buyer has the right to:
10.1.1. Select the Goods, place and send the Order on the relevant pages of the Site or by calling the contact phone numbers indicated on this Site;
10.1.2. Require the Seller to fulfill the conditions and obligations stipulated by this Public Offer.
10.2. The User/Buyer undertakes to:
10.2.1. Before accepting this Public Offer, familiarize yourself with all its terms and conditions;
10.2.2. To familiarize yourself with the information about the Goods (its description), which is posted on the Site, before placing the Order;
10.2.3. When placing and/or processing the Order, provide the Seller with all the information necessary for the delivery of the Goods. The Seller shall not be liable if the User/Buyer provides false/incorrect information that has caused the Seller to be unable to properly fulfill its obligations to the Buyer;
10.2.4. Duly pay for and receive the Goods in accordance with the Order;
10.2.5. Upon receipt of the Goods, verify its integrity and completeness by inspection. In case of detection of damage or incomplete completeness of the Goods, record this in the Act, which must be signed by a representative of the Delivery Service Company together with the Buyer;
10.2.6. To familiarize yourself with the Rules for the transportation of goods by the Delivery Service Company before placing the Order.
11. Liability of the parties. Dispute resolution procedure
11.1. The online clothing store THE TECHNICION is not responsible for the quality of public communication channels and possible interruptions in the data transmission network (including, but not limited to, the global Internet) through which the Site is accessed.
11.2. Any complaint or claim of the User/Buyer must be made in writing/electronic form. The online clothing store THE TECHNICION will take all necessary measures to satisfy the User's / Buyer's complaint / claim, if such a complaint / claim is substantiated and executed in accordance with the current legislation of Ukraine.
11.3. All disputes, disagreements or claims arising out of or in connection with this Public Offer, including those related to its fulfillment, violation, termination or invalidity, shall be resolved through negotiations. In case of impossibility to resolve disputes through negotiations, such disputes shall be resolved in the relevant court in accordance with the substantive and procedural law of Ukraine, subject to the conditions of jurisdiction and jurisdiction.
12. Force majeure
12.1. The Parties shall be released from liability for untimely or improper performance of their obligations if such failure is the result of extraordinary circumstances not related to the will of the Parties, such as military operations, strikes, riots, accidents, natural disasters, changes in the legislation of Ukraine, as well as other extraordinary circumstances that arose after the conclusion of this Agreement and directly affect the fulfillment of the terms of this Agreement and which the Parties could neither foresee nor prevent.
12.2. The Party for which it has become impossible to fulfill its obligations due to the occurrence of force majeure shall immediately inform the other Party in writing/electronically about the occurrence of the above circumstances, as well as provide the other Party with confirmation of force majeure within 30 (thirty) calendar days. Such confirmation will be a relevant document issued by the authorized Chamber of Commerce and Industry of Ukraine or other duly authorized state body located at the place of occurrence of force majeure.
13. Warnings regarding the collection and processing of personal data
13.1. The Buyer confirms that from the moment of placing the Order, he (the Buyer) is notified of the inclusion of his own personal data voluntarily provided to the Seller in the Seller's personal data base.
13.2. The Buyer, being on the Seller's Website, authorizes the Seller to process his personal data in accordance with the Law of Ukraine "On Personal Data Protection". The Buyer confirms that he is familiar with the rights enshrined in the Law of Ukraine "On Personal Data Protection".
13.3. By placing an order and/or registering on the Site (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purposes: the data that becomes known will be used to provide him with accompanying information on the order and to send the Goods according to the order through delivery services; for commercial purposes, including processing orders for the purchase of Goods, obtaining information about the order; sending by the Seller and/or its commercial partners to telecommunications
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the specified telephone number.
13.4. The Buyer, by specifying his personal data when placing an Order and/or creating an account, allows the Seller and/or its partners to send information, including advertising, by e-mail or SMS messages.
14. Term of validity of a public contract
14.1 The Public Agreement shall enter into force from the moment of its acceptance by the Buyer and shall remain in force until the Parties have fully fulfilled their obligations under this Public Agreement.
14.2. The Public Agreement may be terminated early by mutual agreement of the Parties.
14.3. The Public Agreement may be terminated by the Seller in case of violation by the Buyer of its obligations under this Public Agreement.
15. 15.
15.1. The provisions of the current legislation of Ukraine shall apply to the relationship between the User/Buyer and THE TECHNICION online clothing store.
15.2. The invalidity of certain provisions of the Public Agreement shall not imply the invalidity of the Public Agreement as a whole, since it may be assumed that this Public Agreement could have been concluded without the inclusion of such provisions.
15.3. The Buyer authorizes the Seller to record and store telephone calls, correspondence, messages, including electronic messages, related to the fulfillment of the Buyer's Order for the purchase of the Goods and obligations under this Agreement.
15.4. The Public Agreement shall be concluded by the Buyer's accession to the Agreement proposed by the Seller in full by accepting all the essential terms of the Agreement without signing a written copy and shall be legally binding in accordance with the provisions of Articles 633, 634 of the Civil Code of Ukraine. The Buyer may not propose its own terms of the Public Agreement.
15.5. The unconditional and full acceptance of the terms of the Public Agreement by the Buyer is concluded by the Buyer's actions aimed at purchasing the Goods provided for in the Public Agreement.
16. Location and details of the Seller
FOP Gontarenko Natalia Alekseevna
Actual address of the office: Odesa region. Odesa region, Pivdenne, 26 Mira Avenue, bldg. 31
TIN: 3220912626
JSC CB Privatbank
MFI: 305299
IBAN: UA87305299000026002004932863
Single tax payer. Not a VAT payer
For complaints and suggestions: technicion2022@gmail.com
tel.: +380934160455