Offer agreement

PUBLIC CONTRACT for the sale of goods

This Agreement has the character of a public offer in accordance with the current legislation of Ukraine.

1. Definition of terms:

Client (registered or unregistered participant of the website www.worldg.ua) - an individual who has reached the age of 18 and has full legal capacity, who places an order and purchases for his household needs the Goods offered for sale by the Seller and presented on the Website;

 

Site - a website that is accessed through the domain name www.worldg.ua;

 

Seller - Individual entrepreneur, hereinafter FOP Grishko Oksana Aleksandrovna, group 2 of the single tax, is not a VAT payer;

 

Product - a material object offered for sale by the Seller, displayed on the Site, relative to which the price, name, description, characteristics are indicated and an indication of its availability is provided.

 

Order - a properly executed and placed request of the Client (the corresponding fields on the Site in the "Order" section are filled in), addressed to the Seller, for sale and delivery to the address specified by the Client from the list of Goods selected on the Site, indicating its quantity.

 

www.worldg.ua  - Internet resource for exclusive purchases.

 

Promotion is a period limited by the number of days / hours during which the Seller offers for sale a certain list of Products posted on the Site.

 

Parties - Client and Seller.

 

2. Subject of the Agreement

 

• According to this Agreement, the Seller undertakes to transfer to the ownership of the Client the Goods selected and ordered by the Client on the Site, and the Client undertakes to accept and pay for the Goods in accordance with the terms of this Agreement. All rules and conditions for the performance / performance of individual actions / operations posted in the relevant sections of the Site are integral parts (Annex) to this Public Agreement, defining obligations for both Parties.
• The price of the Goods and the procedure for paying for it is determined in accordance with section 6 of this Agreement.
•  By ordering the Goods through the Site, the Client agrees with all the terms of this Agreement and it’s Annex. If the conditions specified in the text of this Public Agreement and the conditions specified in Annex (sections of the Site) differ, the Parties are guided by the conditions specified in the Appendices.
• The sale of the Goods by the Seller to the Client is governed by this Agreement, as well as by the Law of Ukraine "On Protection of Consumer Rights", the Rules for the sale of goods to order and outside retail or office premises and other legislative acts.
• The Seller confirms that he has all the necessary permissions to carry out economic activities related to the execution of the Agreement, and also guarantees that he has the right to sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and is responsible in case of violation of the Client's rights  in the process of executing the Agreement and selling the Goods.
• The Seller has the right to amend the text of this Agreement and / or Annex without prior notice. Changes to the Agreement and / or Annex come into force after their publication on the Site and apply to any Order made after publication.
• By registering on the Site or placing an Order, the Client thereby agrees to transfer his personal data to the Seller, as well as their processing in accordance with the terms of this Agreement. The Client provides consent to the processing of personal data and to comply with the terms of this Agreement when registering in his personal account (by filling out the appropriate columns of the sections of the Site when placing an Order), or when placing an order.
• This Agreement (taking into account the Annex) is the main document establishing the rights and obligations of the Seller to all Clients.
• By filling out the registration form of the personal account, as well as making an order without registering a personal account, the Client confirms that he is familiar with the terms of this Agreement, and all the actions that he will take will not contradict them.
• The Seller and the Client are in correspondence via e-mail or announcements and notifications on the Site, or via the specified phone numbers. The client agrees that all notices, data or other information provided in electronic form is legally binding and equates to documents drawn up in writing.
• The Client doesn’t have the right to carry out commercial (entrepreneurial) activities for the further sale of any Goods purchased from the Seller. All Products presented on the Site are intended solely for purchase and subsequent personal use by the Client. In case of violation of this clause of the Agreement, the Client must reimburse the Seller for all losses associated with such a violation.

 

3. Personal data of Clients

 

3.1.  The Seller has the right to process (collect, register, accumulate, store, adapt, change, restore, use and distribute, sell, transfer, depersonalize, destroy) the following personal data of the Client:

• surname, name, patronymic;
• email address;
• mobile phone number;
• delivery address, postal code;
• date of birth;
• a list of purchases of Products ever ordered on the Site;
• history and details;
• passport data;
• registration number of the taxpayer's account card.

3.2.  The Client agrees that the Seller has the right to process the Client's personal data for the following purposes:

• message to the Client about the services, news and promotional offers of the Seller by sending SMS, e-mails, MMS, by mail, etc.
• provision of services and customer support at the request of the Client;
• processing the Order made by the Client on the Site, and transferring data to the relevant companies and services providing delivery, for the proper execution of the Order;
• ensuring the implementation of economic, civil, tax relations and relations in the area provided for by the statutory documents of the Seller, accounting and operating activities necessary to fulfill the obligations under this Agreement;
• transfer of personal data to third parties (including the counterparties of the Seller) and their processing by such third parties in all cases when it is necessary to fulfill this Agreement and / or the Order made by the Client.

3.3.  The Seller has the right to disclose the personal data of the Clients in the following cases:

3.3.1.  Receiving by the Seller additional consent of the Client to provide information to its partners, subsidiaries, agencies (which are engaged in similar activities), provided that the latter will use such information, while maintaining the confidentiality of information;

3.3.2.  Providing information to law enforcement and other competent state bodies at their request, which meets the requirements of the current legislation of Ukraine.

3.4.  By registering on the Site, the Client gives his consent to receive updated information, newsletters with the latest news, new arrivals, special offers and sales announcements through any means of communication, including electronic messages (e-mail), SMS, MMS.

3.5.  The Client undertakes to enter complete and reliable information about his personal data in the columns on the Site for placing an Order. If inaccuracies or any discrepancies are revealed between the Client's personal data filled in on the Site and the Client's personal data provided upon receipt of the Order (passport data, etc.), the Client may lose the opportunity to protect his rights (provided for by the Law of Ukraine "On  protection of consumer rights"), in particular, regarding the return of the Goods, and also bears responsibility in the cases provided for by the Agreement.

 

4.Procedure for ordering

 

4.1. To place an Order, the Client fills out the registration form on the Site and sends it to the Seller by clicking on the "Checkout" button. The execution by the Client of the Order and it’s further transfer for execution means sufficient and complete familiarization of the Client with the Goods, with information about the presence (absence) of preferences, discounts, as well as the influence of the conditions of the Order on the formation of the final (full) price of the Goods.

4.2.  The minimum order value cannot be less than UAH 0.01. (including VAT, if it is subject to charge).

4.3.  After receiving the Order, the Seller processes the Order. The Client is sent a confirmation of the Order (by e-mail) with detailed information regarding the Order: order number, ordered goods, prices, order amount.

4.4.  In the absence of the ordered Goods in the Seller's warehouse, including for reasons beyond the control of the Seller, the latter reserves the right to reject the Client's Order by sending an email indicating the reason to the address provided during the Client's registration.  In this case, the rights and obligations provided for in this Agreement related to the sale, delivery and transfer of the Goods to the Client and payment to the Seller for it shall cease, and the payment made for such Goods shall be returned to the Client in the manner prescribed by this Agreement.

4.5.  The order is considered accepted for execution, and the contract for the sale of the Goods to the Client is concluded after the Client receives an email from the Seller to the email address specified in the registration form, with confirmation of the fact of acceptance of the Order and after providing clarifying information regarding the Order, as well as  contact information of the Seller.

4.6.  If the Client decides to cancel the Order, he must contact the Seller in any convenient way (any means of communication, including electronic messages (e-mail), SMS, MMS.) within 1 day from the date of placing the order.  This procedure provides for the cancellation of the order without the possibility of further restoration.

4.7.  The Seller makes every effort to provide information about the Product on the Site as accurately as possible.  However, due to technical reasons, it is possible that the information on the Site may contain inaccuracies or look incomplete. Therefore, the Seller reserves the right to correct errors, change or update information about the Products on the Site at any time without prior notice.

4.8.  Considering the specifics of the visual display of various types of Products on the monitor screen, some colors of any products may slightly differ from the colors of real samples. If the Product doesn’t meet the expectations of the Client, the Client has the right to return the Product within 14 (fourteen) days from the date of receipt from the Seller, subject to the conditions provided for in par.  3 part 1 art.  9 of the Law of Ukraine "On Protection of Consumer Rights".

 

4. Procedure for the transfer of the Goods

 

5.1.  Delivery of the ordered Goods is carried out within 8 (eight) calendar days from the date of placing the Order, at the address specified by the Client.

5.2.  The seller makes every effort to comply with the delivery times indicated on the Site. However, delivery delays are possible due to unforeseen circumstances beyond the control of the Seller (force majeure circumstances). The Seller informs the Client, in case of force majeure circumstances, and agrees on new delivery conditions by e-mail or by phone.

5.3.  Unless otherwise agreed upon when placing the Order, the delivery of the Goods to the Client is carried out by the delivery service (courier) or by the postal operator - a legal entity that has the right to send letters and parcels. At the request of the Client (executed by putting a check in front of the column "Pickup" when placing the Order), the Order can be received and taken out by the Client independently at the Customer Service Center (CSC) at the address: 03150, Kiev, Antonovycha str. 140, 67. Self-pickup of the Goods possible only when paying for the goods to the bank account of FOP Grishko Oksana Aleksandrovna. To receive the purchase, the Client must present his passport to the employee of the Customer Service Center.

5.4.  The order is considered completed by the Seller at the time of the actual transfer to the Client against the signature of the Goods included in the Order, on the basis of the invoice (receipt, delivery register, etc.) issued by the delivery service (courier) or the Seller. At the time of the transfer of the Goods that are part of the Order, the obligations of the Seller to the Client are considered fulfilled.

5.5.  The ownership of the Goods and the associated risks are transferred from the Seller to the Client at the time of the transfer of the Goods. Confirmation of the transfer of ownership of the Goods is the Client's signature on the invoice (receipt, delivery register, etc.) issued by the Seller or the delivery service (courier).

5.6.  The client pays the shipping cost as a separate, additionally provided service.  The delivery service is considered to be provided at the time the Customer receives the Goods. The Client agrees that the cost of delivery of the Goods to him as a separately rendered service isn’t refundable in cases where the Client returns the Goods in accordance with the provisions of the Law of Ukraine "On Protection of Consumer Rights" and the previously paid cost of the Goods is returned to him.

5.7.  The cost of courier delivery throughout Ukraine is at the carrier's rates. The cost of delivery to the point of issue of the delivery service department (Novaya Pochta LLC) is at the carrier's rates.

5.8.  Delivery is carried out throughout Ukraine, with the exception of the Autonomous Republic of Crimea and ATO2 locations

5.9.  Only after full payment, the Client has the right to violate the integrity of the packaging of the Goods, try on, as well as dispose of the Goods in any other way at their own discretion, taking into account the restrictions established by the Agreement. This provision doesn’t deprive the Client of the rights provided for by the Law of Ukraine "On Protection of Consumer Rights", namely, in terms of the return and exchange of goods of proper and inadequate quality.

5.10.  Special conditions for delivery and payment of it’s cost (including the conditions under which delivery is free of charge), as well as fitting and return, can be set by the Seller and posted in the relevant sections of the Site.

 

6.Price and terms of payment for the Goods

 

6.1.  The price of the Goods is indicated on the Site in the appropriate section at the time of placing the Order, and doesn’t include the cost of delivery.

6.2.  The Seller has the right to unilaterally change the price of the Product without notice. However, the Seller doesn’t have the right to change the price of the ordered Goods after the Order has been accepted by the Seller and the Client has received an email that confirms the acceptance of the Order by the Seller.

6.3.  The cost of the Goods is paid in the national currency of Ukraine - hryvnia and is determined taking into account the tax status of the Seller.

6.4.  The Client can pay for the ordered Goods using a bank card on the Site at the time of placing the order, or by transferring funds to the Seller's bank account independently or through an authorized person:

6.4.1.  The following types of bank cards are accepted for payment: Visa and MasterCard.

6.4.2.  The transfer of funds to a bank account is carried out according to the details of the person indicated in the column "Seller" in the Customer's order form. If the Seller reveals the facts of abuse by the Client of the rights provided for in this Agreement (for example, a systematic unreasonable refusal to receive the ordered and delivered goods, a large number of returns of the ordered goods of good quality, etc.), the Seller reserves the right to unilaterally, without prior warning, restrict the possibility of payment for the goods by such a Client only by payment by bank card at the time of placing an order on the Site.

6.5.  The goods, at the time of their transfer, must be fully paid by the Client.

6.6.  In the event that the Order is canceled by the Client or rejected by the Seller, the paid value of the Goods is refundable, and the costs of transportation and delivery incurred at the time of cancellation of the Order are non-refundable.

 

7. Warranty conditions

 

7.1.  Subject to the requirements for the proper operation of the Goods by the Client, the Seller guarantees the high quality of the Goods during the warranty period.  The warranty period for the Goods is 14 (fourteen) calendar days, unless otherwise established by the manufacturer (supplier) and / or legislation.

7.2.  The warranty period is calculated from the moment of transfer of the Goods to the Client, which is indicated in the corresponding document, and if the moment of transfer of the seasonal Goods to the Client doesn’t coincide with the beginning of the season for such Goods - from the beginning of the corresponding season.

7.3.  The Cabinet of Ministers of Ukraine has established the following list of seasonal Goods, for which the warranty periods are calculated from the beginning of the relevant season:

 

• For clothes, fur and other products of the spring-summer assortment - starting from April 1;
• For clothes, fur and other products of the autumn-winter assortment - starting from October 1.
• For shoes of the winter range - from November 15 to March 15;
• For shoes of the spring-autumn assortment - starting from March 15 to May 15 and starting from September 15 to November 15;
• For footwear of the summer assortment - from May 15 to September 15.

 

8. Return of goods

 

8.1.  The Client has the right to cancel the Order within 1 day.

8.2.  If the Product doesn’t meet the expectations of the Client, the Client has the right to return the purchased Product of proper quality within 14 (fourteen) calendar days from the date of its receipt from the Seller, subject to the conditions stipulated by the Law of Ukraine "On Protection of Consumer Rights".

8.3.  To return the Goods, the Client must notify the Seller in advance of his intention to return the Goods by contacting the support service (by e-mail [email protected]  or by phone +38 (098) 249-84-75 +38 (098) 514-00-11).  After the receipt of the Client's request with an application for the return of the Goods, the support service operator informs (instructs) the Client about further actions that must be taken by the Client to return the Goods.

8.4.  The goods of good quality defined by the Resolution of the Cabinet of Ministers of Ukraine "On the implementation of certain provisions of the Law of Ukraine" On Protection of Consumer Rights "dated 19.03.1994 No. 172 are not subject to exchange / return, in particular:

 

• corsetry;
• hosiery and socks;
• underwear, pajamas, dressing gowns;
• bed sheets;
• towels, bedspreads, blankets;
• knitwear;
• swimsuits;
• products made of down and feathers (except for down jackets);
• soft toys for children;
• gloves, mittens;

8.5.  The return of the Goods is made:

 

• by sending it by the Client to the address: 03150, Kiev, Antonovycha str. 140, 67;
• by self-delivery: 03150, Kiev, Antonovycha str. 140, 67.

8.6.  Before sending, the Client is obliged to perform the actions specified in clause 8.3.  of this Agreement, as well as to pack the Goods: put back in a box or bag and fix with tape. The returned Product must be in a salable condition, labels, tags, packaging with a barcode must be preserved, the Product must not have traces of use and wear, etc. When returning goods packed in the manufacturer's original packaging (for example, shoes, dishes, cosmetics, etc.), the Client undertakes to take all necessary measures to preserve not only the presentation of the product itself, but also the branded packaging from under it, be sure to pack such Goods in original packaging additionally. The Seller reserves the right to refuse the Client to accept the returned Goods that were not additionally packed by the Client or improperly packed, as a result of which traces and / or damage appeared on the Goods or it’s branded packaging, including those arising during it’s transportation (scratches, bruises, tears, applied markings, stickers directly on the surface of the branded packaging), - as a Product, the presentation of which is not retained by the Client.

8.7.  When returning the Goods, the Client is obliged to provide the following documents: a copy of the document that confirms the fact of receipt of the Goods and payment of funds for the Goods;  a written application for the return of the Goods indicating the name of the Goods, the article, the cost of the Goods (not including the cost of delivery);  number and date of the document that certifies the purchase of the Goods, indication of objective reasons for the return, passport data, data on the selected method of refund (bank account with all the necessary details or details for processing a postal order).

8.8.  In case of failure to provide any of those specified in clause 8.7. documents, data or other information, the Seller is not obliged to accept the Goods and fulfill the Client's requirements related to the return of the Goods. In such cases, the Seller is also released from the obligation to send the Goods received from the Client as a return back to the Client's address.

8.9.  Separate conditions for the return of the Goods / certain categories of Goods (both of high quality and of inadequate quality) can be established by the Seller and posted in the relevant sections of the Site.

 

9. Return of goods of inadequate quality

 

9.1.  The return of the Goods of inadequate quality is carried out during the established warranty period, in the manner and within the terms established by the Agreement, accompanying documents for the Goods, taking into account the current legislation.

9.2.  In case of revealing defects in the Goods, the Client has the right to demand:

• proportional price reduction;
• free elimination of defects in the Goods within the time frame agreed with the Client;
• reimbursement of expenses for the elimination of defects in the Goods.

9.3.  If, during the warranty period, significant shortcomings are revealed that have arisen through the fault of the manufacturer of the Goods or because of the falsification of the Goods, confirmed, if necessary, by the conclusion of an examination, the Client, in the manner and within the time limits established by law, and on the basis of the rules binding on the Parties and / or  Of the Agreement, has the right, at its discretion, to demand from the Seller:

• termination of the Agreement and return of the amount of money paid for the Goods;
• replacement of the Goods for the same or similar Goods from the number of Goods available to the Seller.

Any of the above requirements must be presented by the Client by sending a written application to the location of the Seller, which must be preceded by contacting the customer support center.

9.4.  The Client's claims are considered by the Seller only on condition that a document (or a copy of it) is provided, which confirms the payment for the Goods and the fact of its receipt by the Client, as well as a technical passport, warranty card or other document issued by the Seller for the Goods for which the warranty period is established.

9.5.  The Seller has the right to refuse to accept the Goods sent by the Client without providing the above documents, as well as not to consider the Client's application (claim) until the shortcomings admitted by him are eliminated. In the event that the Client doesn’t liminate the defects within the established period for returning the Goods and doesn’t apply for the Goods within 1 month, the Seller's obligations to ensure the safety of such Goods cease, and he has the right to dispose of the Goods at his own discretion. There are no obligations for the Seller to send back the Goods, the application for which is executed improperly.

9.6. Any questions that may arise, the Client can ask by contacting customer support (by e-mail [email protected] or by phone +38 (098) 249-84-75 +38 (098) 514-00-11).

9.7. The Client's claims are not subject to satisfaction if the Seller proves that the defects of the Goods have arisen as a result of the violation by the Client of the rules for using the Goods, the conditions for its storage or the conditions for its return.

9.8. The Client's claim will be considered within 7 working days from the date of its receipt.

 

10. Transfer of money for the returned Product.

 

10.1.  The money is returned to the Client within 15 days from the moment the Seller receives the returned Goods and the completed return application.

10.2.  The money can be returned to the Client in one of the following ways:

• transfer to a bank card, if the purchase was paid for on the Site by bank card, money is returned to it automatically;

 

11. Other provisions

 

11.1.  If any of the provisions of this Agreement is recognized as invalid or illegal, or cannot enter into force in accordance with the current legislation of Ukraine, such a provision should be removed from the Agreement and replaced by a new provision that best meets the intentions of the Parties, while this Agreement is not revised, not  terminated, and other provisions of the Agreement remain in force. The Seller has the right to unilaterally change the terms of this Agreement by publishing it in a new version on the Site www.worldg.ua.

11.2.  The parties to this Agreement are responsible for its non-fulfillment or improper fulfillment in accordance with the current legislation of Ukraine.

11.3.  All disputes arising from the terms of this Agreement are resolved through negotiations. If the Parties haven’t reached an agreement on controversial issues regarding this Agreement, such a dispute is referred to the court in accordance with Ukrainian legislation on consumer protection.

11.4.  If the Client wishes to refuse to send information received from the Seller, the Client must notify the Seller in any convenient way (by e-mail [email protected]  or by phone +38 (098) 249-84-75 +38 (098) 514  -00-11).

11.5.  This agreement is a public offer.  The absence of a paper copy of the Agreement signed between the parties with the signatures of both parties in the event of actual payment by the Client and / or delivery of the Goods is not a reason to consider this Agreement not concluded.  Placement of the Order in accordance with the terms of the agreement is considered the acceptance of the Client, and the payment by the Client is considered its execution.

 

The edition is valid from 5.2.2020.

 

Beneficiary: FOP Hryshko Oksana Oleksandrivna

Recipient code: 3053612665

Beneficiary account: UA403052990000026006006203303

Bank of Beneficiary: JSC CB "PRIVATBANK"