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Millor Caviar

black caviar Ukraine

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PUBLIC OFFER AGREEMENT 

IN THE ONLINE STORE "MILLOR CAVIAR"

Zhovkva, Lviv region

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INDIVIDUAL ENTREPRENEUR ALEXANDRA IVANIIVNA MAXIMOVICH, acting on the basis of the record of state registration of an individual entrepreneur under No. 2003980010005004782 dated 03.10. 2023 (hereinafter referred to as the "Seller"), on the one hand, and any individual and/or legal entity with full civil rights and legal capacity that has accepted (accepted) this offer to conclude an agreement (offer) and by its actions has expressed its intention to join this Agreement (hereinafter referred to as the "Buyer"), on the other hand, hereinafter collectively referred to as the Parties, and individually as a Party, have entered into this Agreement (offer) for the sale of caviar in the MILLOR CAVIAR online store (hereinafter referred to as the Agreement) as follows:

 

GENERAL PROVISIONS

 

  • This Agreement is concluded by giving the full and unconditional consent (acceptance) of the Buyer to conclude the Sale and Purchase Agreement in full, without signing a written copy by the Parties.

  • By entering into this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for a bad faith order and all other terms of the Agreement and the Seller's website. 

  • The Agreement is a contract of adhesion with all the consequences specified in Articles 634, 641, 642 of the Civil Code of Ukraine.

  • By accepting this Agreement, the Buyer confirms the fact of acquaintance, consent and acceptance of all the terms of this Agreement as a whole (in full without exception).

  • Online store - the Seller's website at https://www.millorcaviar.com/ is created for the conclusion of retail sales contracts on the basis of the Buyer's acquaintance with the description of the Goods offered by the Seller via the Internet.

  • The agreement shall be deemed concluded (the offer shall be deemed accepted) from the moment of any of the following actions

  • payment by the Buyer or another person in the interests of the Buyer and/or in the interests of a third party of the value of the Goods;

  • any action by the Buyer aimed at accepting the offer to conclude this Agreement;

  •  clicking the following clickable buttons on the Internet resource on the page of the Seller's website: "SECURE PAYMENT", "ADD TO CART", "ORDER" and others, means that the Buyer, in accordance with the current Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are specified below.

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SUBJECT OF THE AGREEMENT

 

  • The subject matter of this Agreement is the conclusion of retail sale and purchase agreements for the goods (caviar) posted on the Seller's website https://www.millorcaviar.com/ and the provision of accompanying information and consulting services on the terms and conditions specified in the Agreement.

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PROCEDURE FOR CONCLUDING THE AGREEMENT

 

  • Acceptance of the terms of the Agreement means full and unconditional acceptance by the Buyer of the goods and information and consulting services in accordance with all the terms of the Agreement, without any exceptions and/or restrictions and is tantamount to the conclusion of a bilateral written Sale and Purchase Agreement, according to the selected list of Goods posted on the Seller's website, specified in clause 1.6 of the Agreement in the section "PRODUCTS".

  • The Buyer accepts the Agreement after independently reviewing its terms and conditions set forth in a publicly accessible place on the Seller's website by paying for the Goods for their own needs or for a third party, according to the tariffs and prices specified on the website https://www.millorcaviar.com/ in the section "PRODUCTS" - "WEIGHT, TYPE, QUANTITY" - "ADD TO BAG" - "VIEW" - "ORDER" or in the price list.

  • Entering a promotional code for the relevant Product is a confirmation of the Buyer's consent to purchase the Seller's product on its terms.

  • The conclusion of the Agreement means that the Buyer:

  • has familiarised himself with the functioning and rules of sale of the Goods in the MILLOR CAVIAR online store and the provision of information and consulting services to the extent necessary for him;

  • accepts all the terms and conditions of this Agreement without comment.

 

3.5.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 in the order form by the Buyer located on the website of the online store.

3.6. 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.

3.7. 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: surname, name of the Buyer; address to which the Goods should be delivered (if delivery to the Buyer's address); contact phone number; name, quantity, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the online store.

3.8. If any of the Parties or representatives of the Parties to the Agreement requires additional information, they have 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.

3.9. The return of the Goods is carried out in accordance with the Law of Ukraine "On Protection of Consumer Rights". 

3.9.1. The return of the goods to the Seller and/or the return to the Buyer of the cost of the goods of good quality is not carried out. The Seller's goods belong to food products that are not subject to exchange (return), in case of proper quality, in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 172 (https://zakon.rada.gov.ua/laws/show/172-94-%D0%BF#Text).

3.10. It is possible to return the goods to the Seller and/or the cost of the goods to the Buyer only in case of improper quality of the goods. The cost of the goods shall be refunded by bank or postal transfer to the Buyer's account or in cash and depends on the type of payment.

3.11. In case of detection of defects in the Goods during the established shelf life (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 Consumer Protection". 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.

3.12. Replacement of the goods of inadequate quality detected within the shelf life (warranty period) with the goods of proper quality shall be carried out within 30 working days from the date of submission of the said claim.

3.13 Consideration of the requirements provided for by the Law of Ukraine "On Consumer Protection" shall be 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.

3.14. The Buyer shall not be entitled to refuse 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, etc.) 

3.15. 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 "CONTACT" section.

 

RIGHTS AND OBLIGATIONS OF THE PARTIES

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The seller is obliged to:

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4.1.1.Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order;

4.1.2. 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;

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The Seller has the right:

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4.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally, depending on market conditions, by posting them on the website of the online store. All changes shall take effect from the moment of their publication;

4.2.2 Require the Buyer to fulfil the requirements of this Agreement;

4.2.3 Provide other information and consulting services.

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The Buyer is obliged:

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  • Prior to the conclusion of the Agreement, read the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store;

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4.3.2 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;

Pay for the Seller's services in a timely manner and in full;

4.3.4.Demonstrate mutual respect for the Seller's staff, the Seller's administration and other persons
 

The Buyer has the right:

 

  • Use the services in accordance with the terms of this Agreement and receive the Goods of proper quality and in accordance with the order;

  • Require the Seller to fulfil the requirements of this Agreement.

 

PAYMENT PROCEDURE

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  • The cost of the services does not include the commission of banks and payment systems charged from the Buyer when making a payment.

  • Payment for the services shall be made by the Buyer or another person, in the national currency of Ukraine, in non-cash or cash form, in full, by transferring funds to the Seller's account specified in this Agreement. 

  • The date of payment for the services shall be the date of crediting the funds to the Seller's account.

  • After making the payment, the Buyer shall notify the Seller of the fact of payment, his contact details (phone, e-mail) and other information necessary for the Seller to provide services under this Agreement in any convenient way. If the Buyer fails to provide the specified information, the Seller shall not be liable for failure to provide services under this Agreement.

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RESPONSIBILITY OF THE PARTIES. COMPENSATIONS

 

  • The Parties shall be liable for non-fulfilment and/or improper fulfilment of the terms of this Agreement in accordance with the current legislation of Ukraine and this Agreement.

  • The Seller shall not be liable for the discrepancy between the appearance of the Goods and the Buyer's expectations according to his subjective assessment.

  • The Seller shall not be liable if the Buyer is unable to use the Goods for reasons beyond the Seller's control. In this case, the paid cost of services is not refundable.

 

PROCESSING OF PERSONAL DATA

 

  • By accepting this Agreement, the Buyer, in accordance with the Law of Ukraine "On Protection of Personal Data", the Buyer gives the Seller and its representative (operator, manager, administrator, etc.) its irrevocable consent to the processing of the Buyer's personal data, and also gives consent to the transfer of such data to third parties for the purpose of performing this Agreement.

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CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)

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  • The Parties shall be released from liability for full or partial failure to fulfil their obligations under this Agreement if such failure was the result of force majeure circumstances that arose after the conclusion of this Agreement and which the Parties could neither foresee nor prevent by reasonable measures.

  • Under this Agreement, force majeure circumstances (circumstances of insuperable force) are extraordinary and unavoidable circumstances that objectively make it impossible to fulfil the obligations stipulated by the terms of the Agreement, obligations under legislative and other regulations, namely Threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilisation, military operations, declared and undeclared war, actions of a public enemy, riots, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, insurrection, mass riots, curfew, quarantine imposed by the Cabinet of Ministers of Ukraine, expropriation, compulsory acquisition, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in transport operations, as regulated by the terms of the relevant decisions and acts of state authorities, threatening the life, health and personal safety of people beyond the control of the Parties, etc.

  • The Party, which is unable to fulfil its obligations due to force majeure (force majeure), shall immediately notify the other Party of such circumstances by any available means as soon as possible: the time of occurrence, possible duration and probable date of termination of these circumstances and, as a result, termination or delay of the provision of services.

  • In the event of a force majeure event (force majeure), the obligations under this Agreement shall be postponed for the duration of such circumstances. The amount paid by the Customer to the Contractor shall not be refunded.

  • The existence and duration of force majeure (force majeure circumstances) shall be confirmed by a certificate issued by the Ukrainian Chamber of Commerce and Industry.

 

OTHER TERMS AND CONDITIONS

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  • The Seller reserves the right to amend the terms of this Agreement. In case of amendments to this Agreement, they shall come into force from the moment of publication of the Agreement in a new version.

  • All disputes arising from the performance of this Agreement shall be settled by the parties through negotiations. If disputes are not settled through negotiations, they shall be resolved in accordance with the applicable law.

  • The Buyer warrants that all the terms of the offer are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions or reservations.

  • In the event that is not regulated by this Agreement, the Parties undertake to be guided by the rules established by the current legislation of Ukraine.

  • The provisions of the legislation of Ukraine shall apply to this Agreement.

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DETAILS OF THE SELLER (CONTRACTOR):

"MILLOR CAVIAR"

INDIVIDUAL ENTREPRENEUR ALEXANDRA IVANOVNA MAXIMOVICH

Ukraine, 80300, Lviv region, Zhovkva city, 

8 Heroiv Ukrayiny St., apartment 2

EDRPOU 2502820980

р/р UA923052990000026005001025996

in JSC CB "PRIVATBANK"

recipient code 2502820980

tel. +38 (097)-600-00-19

somka9647@gmail.com

Alexandra Maksymovych

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