Public Contract (Offer)
to order, purchase, sale and delivery of goods
This agreement is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the LUCHI website. This agreement is public, that is, 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.
By concluding this Agreement, the Buyer fully accepts the terms and conditions of 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 of clicking the "Confirm Order" button on the order page in the "Cart" Section and the Buyer receiving an order confirmation from the Seller in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the "Offer") is a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the purchase and 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 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.
1.2.1. Online store - the Seller's website at www.luchi.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.
1.3. Buyer - a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.4. Seller - Individual entrepreneur Maletska Maria Viktorovna (identification code 3459107044), acting on the basis of an Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, hereinafter referred to as the "Seller".
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 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 Buyer's request, 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 undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. surname, first name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact phone number;
3.3.4. identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's basket on the Online Store website.
3.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. In the event that the Buyer fails to provide the necessary 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. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store website 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 an Order.
3.9. By 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 following:
a) The Buyer is fully and completely familiar with and agrees with the terms of this offer;
b) he gives permission to collect, process and transfer personal data. 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 concluding the Agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his personal data are transferred to the Seller in order to be able to fulfill the terms of this Agreement, make mutual settlements, as well as 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 notifications from the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
4. Contract price and payment procedure
4.1. The price of each individual unit of the Goods is determined by the Seller and indicated on the website of the Online Store. The price of the Agreement is determined by adding the prices of all selected Goods placed in the "Cart" and the delivery cost, which is determined depending on the delivery method in accordance with the terms of Section 6 of this Agreement.
4.2. The cost of the order may vary depending on the price, quantity or product range.
4.3. The Buyer pays for the Goods in accordance with the Order based on the terms selected by him in the cart or agreed with the Seller in personal correspondence.
4.4. Payment by the Buyer of an order placed in the Online Store means the Buyer's full agreement with the terms of the purchase and sale agreement (public offer).
4.5. Payment for the order is made by the Buyer by prepayment via one of the methods specified on the website of the Online Store at the time of placing the order or in correspondence with the manager.
4.6. Under the terms of an individual order, the Seller has the right to demand full or partial prepayment. In the event that the Buyer refuses an individual order after it has been put into production, the prepayment is not refundable.
5. Terms of delivery of goods
5.1. The Buyer receives the Goods by delivery or receives them in person. The procedure for delivering the Goods is specified on the website of the Online Store.
5.2. The order (finished product from stock or individual order after production) is shipped by the Seller within 1-3 business days after receiving full payment, unless otherwise agreed between the Buyer and the Seller individually.
5.3. Delivery of the Goods to the Buyer is at the Buyer's expense, unless otherwise agreed separately.
5.4. When delivering the Goods to other cities of Ukraine, which is performed by other delivery services (for example, "Nova Poshta"), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these services.
5.5. The Buyer confirms the fact of receipt of the Goods and the absence of complaints about the quality of the Goods by signing the consignment note, the delivery service declaration or the acceptance and transfer certificate upon personal receipt. For individual orders, the Buyer's response in correspondence that the Goods have been received is also considered confirmation of receipt of the Goods.
5.6. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer upon receipt of the Goods by the Seller or the delivering carrier, depending on the selected delivery option.
5.7. If the Buyer does not collect the Goods from the post office within the time specified by the carrier, and the parcel is returned to the Seller, the Buyer is obliged to pay the shipping cost again. In the event of re-sending the Goods without changes, the Buyer will be charged double the shipping cost (for delivery and return).
6. Return of goods
6.1. According to the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994 (as amended), jewelry is included in the list of goods that are not subject to exchange (return), except in cases where a manufacturing defect is detected.
6.2. Return of Goods of proper quality that are free from defects is possible only by mutual agreement of the parties and provided that the product was not manufactured individually to the Buyer's order.
6.3. Return of defective Goods is possible within 14 calendar days from the moment of receipt of the order by the Buyer. Claims are accepted only if there is a receipt, the product is fully equipped and there are no traces of use.
6.4. Refunds are made in the same way as the payment was made, within 7 business days from the moment of confirmation of the defect and return of the Goods to the Seller.
7. Responsibility of the parties
7.1. The Seller is not responsible for improper use of the Goods ordered on the website by the Buyer.
7.2. The Seller is not responsible for delivery delays caused by transportation services or force majeure.
7.3. The buyer is responsible for the accuracy of the information provided when placing an order.
7.4. In case of incorrect filling in of contact details or refusal to receive the Goods without agreed reasons, the Seller has the right to retain delivery costs.
8. Intellectual property rights
8.1. All materials posted on the Online Store website, including, but not limited to: texts, images, logos, videos, design elements, are the intellectual property of the Seller or are used on legal grounds.
8.2. Copying, distribution, or use of site materials for commercial or advertising purposes without the written permission of the Seller is prohibited.
8.3. Any violation of intellectual property rights shall be prosecuted in accordance with the current legislation of Ukraine.
9. Force majeure
9.1. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this occurred as a result of force majeure circumstances that arose after the conclusion of the Agreement and which the Parties could not foresee or prevent.
9.2. Force majeure circumstances include: military actions, emergencies, natural disasters, fires, strikes, decisions of government bodies, interruptions in the operation of the power grid, the Internet or payment systems.
9.3. The party affected by force majeure circumstances must notify the other party within 5 calendar days from the moment of their occurrence.
10. Other conditions
10.1. The Agreement comes into force from the moment of confirmation of the order by the Buyer and is valid until the Parties fully fulfill their obligations.
10.2. All disputes arising between the Parties shall be resolved through negotiations. In the event of failure to reach an agreement, in accordance with the current legislation of Ukraine.
10.3. The Seller reserves the right to make changes to this Offer without prior notice to the Buyer. The current version of the Offer is always available on the Online Store website.
10.4. All electronic messages sent by the Seller to the Buyer (by email, in messengers, etc.) have legal force.
10.5. By placing an order, the Buyer agrees to the terms of this Public Offer.
SELLER'S ADDRESS AND DETAILS:
Individual entrepreneur Maletska Maria Viktorivna
tel. (050) 7377843
