Public offer agreement
1. General provisions
1.1. This offer is the official proposal of Klio Publishing House, hereinafter referred to as the Seller, to conclude a contract for the sale of products by remote means, that is, through the Online store, hereinafter referred to as the Agreement, and places a Public offer (offer) on the official website of the Seller «https://clio.in.ua» (hereinafter referred to as the Internet site).
1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale of products is considered the fact the Buyer pays for the order upon the terms of the Agreement in the time and prices indicated on the Seller's website.
2. Concepts and definitions
2.1. In this offer, unless the context requires otherwise, the terms below have the following meanings:
2.2. Product — printed and electronic products of the Seller and partners and accompanying items of third-party manufacturers;
2.3 Online store — in accordance with the Law of the Ukraine On Electronic Commerce, a means for the presentation or sale of products, work or services by making an electronic transaction.
2.4. Seller — a company that sells products presented on the Internet site.
2.5. Buyer — an individual who has entered into an Agreement with the Seller on the terms set out below.
2.6. Order — selection of individual items from the list of products specified by the Buyer when placing an order and making payment.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the Products to the Buyer's ownership, and the Buyer undertakes to pay and accept the Products on the terms of the Agreement.
3.2.The Agreement governs the purchase and sale of Products in the Online store, including:
- voluntary choice by the Buyer of Products in the Online store;
- self-registration by the Buyer of an order in the Online store;
- payment by the Buyer for the order placed in the Online store;
- processing and delivery of the order to the Buyer under the terms of the Agreement.
4. Ordering procedure
4.1. The Buyer has the right to place an Order for any Product presented and available on the Website of the Online store.
4.2. Each item can be presented in the Order in any quantity.
4.3. In the case of absence of Products in stock, the Manager of the company is obliged to notify the Buyer (by phone or via e-mail).
4.4. In the case of absence of a Product, the Buyer has the right to replace it with a Product of a similar model, refuse the Product, and cancel the Order.
5. Order payment procedure
5.1. Payment for the Products can be made in the following ways:
- by credit card online (Visa, MasterCard) through the LiqPay payment service;
- transfer to a bank card;
- in cash at the point of issue: St. 4 Hrushevskogo, room 629 (Kyiv only);
- by bank transfer (for legal entities) according to the invoice provided by the Seller.
5.2. If the funds are not received, the Online store reserves the right to cancel the Order.
6. Order delivery terms
6.1. Paid printed Products can be delivered to the Buyer:
- to the Nova Poshta branch (tariff at current service rates);
- to the point of issue: St. 4 Hrushevskogo, room 629., Kiyv (no additional charges);
- by another way agreed with the Seller way (delivery may have an additional cost, which is paid according to the tariffs of the provider of the selected delivery method separately or by cash on delivery).
6.2. Together with the Order, the Buyer is provided with documents in accordance with the legislation of the Ukraine.
7. Rights and obligations of the Parties:
7.1. The Seller has the right:
- unilaterally suspend the provision of services under the Agreement if the Buyer violates the terms of the Agreement.
7.2. The Buyer is obliged:
- to pay and receive the Order in a timely manner under the terms of the Agreement.
7.3. The Buyer has the right:
- place an Order in the Online store;
- draw up an electronic contract;
- require the Seller to comply with the terms of the Agreement.
8. Liability of the Parties
8.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of the Agreement in the manner prescribed by the Agreement and the current legislation of the Ukraine.
8.2. The Seller is not responsible for:
- for a slight discrepancy in the color gamut of the Product, which may differ from the original Product solely due to the different color rendering of individual computer monitors;
- for the content and veracity of the information provided by the Buyer when placing an Order;
- for delays and interruptions in the provision of Services (order processing and delivery of Products) that occur for reasons beyond its control;
- for unlawful illegal actions performed by the Buyer using this access to the Internet;
- for the transfer by the Buyer of his network identifiers — IP, MAC-address, login and password to third parties.
8.3. The Buyer, using the Internet access provided to him, is independently responsible for the harm caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
8.4. In the event of force majeure circumstances, the Parties are exempted from fulfilling the terms of the Agreement. For the purposes of the Agreement, force majeure circumstances mean events of an extraordinary, unforeseen nature, which exclude or objectively interfere with the execution of the Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The Parties make every effort to resolve any disagreements exclusively through negotiations.
9. Other conditions
9.1. The Online store reserves the right to unilaterally amend the Agreement, subject to its preliminary publication on the website https://clio.in.ua
9.2. The Online store was created to organize a remote way of selling Products via the Internet.
9.3. The Buyer is responsible for the accuracy of the information specified during the ordering process. At the same time, when making an acceptance (placing an Order and subsequent payment for the products), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of the Ukraine On the Protection of Personal Data.
9.4. Payment by the Buyer for the Order placed in the Online store means the Buyer's full agreement with the terms of the sales contract (public offer)
9.5. The actual date of the electronic agreement between the Parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of the Ukraine On Electronic Commerce
9.6. Using the resource of the Online store for previewing the Product, as well as for placing an Order is free for the Buyer.
9.7. The information provided by the Buyer is confidential. The Online store uses information about the Buyer solely for the purpose of processing the Order, sending notifications to the Buyer, delivering Products, making settlements, etc.
10. Procedure for the return of good quality products
10.1. The return of products to the Online store is made in accordance with the current legislation of the Ukraine.
10.2. Return of products to the Online store is at the expense of the Buyer.
10.3. When the Buyer returns the Products of good quality, the Online store returns to him the amount paid for Products upon the return of the Products minus the compensation for the costs of the Online store related with the delivery of the Products to the Buyer.
11. Duration of the contract
11.1. An electronic contract is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response to accept this proposal in the manner specified in part six of Article 11 of the Law of the Ukraine On Electronic Commerce.
11.2. Before the expiration of the Agreement, the Agreement may be terminated by mutual consent of the Parties until the actual delivery of Products, by refund.
11.3. The Parties have the right to terminate the Agreement unilaterally if one of the Parties fails to comply with the terms of the Agreement and in cases stipulated by the current legislation of the Ukraine.
12. Final provisions
12.1. The Online store of Klio Publishing House on the official website https://clio.in.ua has the right in accordance with the legislation of the Ukraine to provide the right to use the Internet platform for sole proprietorship and legal entities for the sale of Products.