User Agreement, Optika Ochi online store
Public offer
This Public Offer Agreement and/or Offer is the Seller’s proposal to enter into a public agreement for the purchase of goods/services through the online store https://ochi.ua/ with any interested person under the terms set out below.
Definitions
- Public Offer Agreement means a public agreement whose terms, pursuant to Articles 633 and 641 of the Civil Code of Ukraine, are the same for all Buyers. The Buyer’s unconditional acceptance of its terms, including payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, is deemed to be acceptance of this Agreement between the Seller and the Buyer.
- Administration means the Seller’s employees authorized to manage the Online Store.
- Acceptance means a person’s acceptance of the proposal to enter into the Agreement by clicking the “Place order” link or by placing an order through the Online Store operator.
- Online Store and/or Site means the relevant software and functional system located on the official website at https://ochi.ua/, which allows users to view the Goods/Services, their appearance, technical characteristics, price, payment terms, etc., place the relevant order, and perform other related actions.
- Seller means the business entity registered in accordance with the legislation of Ukraine, Sole Proprietor Pravdenko M. O. (EDRPOU 2886415415, location: 021001, Vinnytsia), represented by the Administration of the Online Store. The Seller’s name is indicated in the documents for transfer of the Goods/Services to the Buyer.
- Offer means the Seller’s proposal, addressed to an unlimited number of persons, to enter into this Public Offer Agreement on the terms set out in this Agreement.
- Order means the User’s application to purchase Goods/Services published or presented in the Online Store, completed by filling in the relevant electronic form in the Online Store.
- Online Store User, hereinafter the “User”, means any person who has access to the Online Store and uses its functionality and services.
- Order Confirmation means the Seller’s notice that it has received the Buyer’s Order and accepted such order for processing.
- Buyer means any person who has accepted this public offer.
- Parties means the collective name for the Seller and the Buyer.
- Goods means any goods whose information is posted in the Online Store.
- Services means any services provided by the Seller whose information is posted in the Online Store.
- Registration means the procedure of entering the User’s personal data into a special form on the Online Store pages in order to provide the User with access to personalized Online Store services. In this case, the User becomes registered.
1. General provisions
1.1. This Public Offer Agreement is a public agreement in accordance with Articles 633 and 641 of the Civil Code of Ukraine, whose terms are established equally for all Buyers.
1.2. The fact that the Buyer places an order by clicking the “Place order” link or by placing an order through the Online Store operator, in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, is considered the Buyer’s acceptance of this Agreement.
1.3. The Agreement concluded on the basis of the Buyer’s acceptance of this offer is an accession agreement, which the Buyer joins without any exceptions and/or reservations.
1.4. The Administration of the Online Store may at any time, without notice, make any changes to this Agreement, materials and information contained in the Online Store. Under no circumstances shall the Administration be liable for outdated information on the Site or for any damages arising from the use, inability to use, or results of using the Online Store resource.
2. Subject of the agreement
2.1. The Seller undertakes, under the terms of this Agreement, to transfer the Goods into the Buyer’s ownership and/or provide the Buyer with a Service, and the Buyer undertakes to accept the Goods/Service and pay its cost under the terms of this Agreement.
2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious or sham transaction, nor a transaction performed under the influence of violence or deception.
3. Moment of agreement conclusion
3.1. The Buyer’s acceptance of the proposal to enter into the Agreement (Acceptance) is carried out by placing an order for Goods/Services in the Online Store under the terms specified in clause 1.2 of this Agreement. The moment of conclusion of the Agreement is the Seller’s confirmation of the order.
3.2. The Buyer confirms consent to receive messages at the email address specified when filling in the registration form on the Online Store website or during actual use of the Online Store, as well as unlimited consent to receive commercial, advertising and other offers from the Administration, including information about new products, promotions and other matters. If the Buyer wishes to refuse receiving the above information, the Buyer may make the relevant changes directly in the mailing letter by using the unsubscribe option.
4. Placing an order
4.1. The Buyer places an order for Goods/Services through the Online Store or with the help of the Online Store operator.
4.2. An Order may be placed through the Online Store after registration. The Buyer has the right to register on the website only once, meaning that the Buyer may have only one Personal Account.
4.3. When registering in the Online Store or ordering Goods/Services with the help of the Online Store operator, the Buyer must provide the following information about themselves:
- the Buyer’s surname, first name and patronymic;
- the Buyer’s contact phone number;
- the email address for communication with the Buyer;
- the delivery address for the Goods, if delivery of the Goods is required.
4.4. A Buyer who registers in the Online Store receives individual identification by being provided with a login and password. The Buyer is prohibited from transferring the login and password to third parties.
4.5. The Buyer places an order by clicking the “Place order” link or by confirming the order to the Online Store operator, respectively.
The Buyer’s placement of an Order and its subsequent transfer for processing means the Buyer has sufficiently and fully familiarized themselves with the price of the Goods/Services, technical characteristics of the Goods, their functional capabilities, information about delivery terms and warranty service conditions, and the conditions for providing the Service.
4.6. The Order is considered accepted by the Seller and subject to fulfillment after the Seller confirms the order. Confirmation is the Seller’s message sent to the Buyer by means of communication.
If the ordered Goods are not available in the Seller’s warehouse, including for reasons beyond the Seller’s control, the Seller has the right to remove the specified Goods from the Buyer’s Order and notify the Buyer thereof.
If it is not possible to provide the Service ordered by the Buyer, including for reasons beyond the Seller’s control, the Seller has the right to remove the specified Service from the Buyer’s Order and notify the Buyer thereof.
4.7. Any information about Goods/Services contained on the Online Store website is informational and cannot be perceived as fully conveying all properties and characteristics of the Goods/Services. If the Buyer has questions about the properties and characteristics of the Goods/Services, the Buyer should contact the Online Store operator for consultation before ordering the Goods/Services.
5. Price of goods and payment terms
5.1. The price at which the Goods are sold/the Service is provided is indicated in the documents for transfer of the Goods or provision of the Service to the Buyer.
The Seller reserves the right to change prices for Goods/Services unilaterally. At the same time, prices for Goods/Services ordered by the Buyer after confirmation of the order by the Seller are not subject to change.
5.2. Payment for Goods/Services is made by the Buyer in cash or non-cash form by transferring funds to the Seller’s current account. The settlement currency is the Ukrainian hryvnia.
5.3. The Buyer must pay for the ordered Goods/Services within the terms agreed by the Parties when placing the order.
5.4. In the case of non-cash payment, the Buyer’s obligation to pay for the Goods/Services is considered fulfilled from the moment the funds are credited to the Seller’s current account.
5.5. If the Goods are sold at a discount, information about the availability and amount of the discount is posted on the Online Store website and is informational. The price at which the Goods/Services are sold is indicated in accordance with clause 5.1. Discounts are not cumulative and are not added to other discounts.
6. Terms of delivery of goods
6.1. The Seller’s obligations to transfer the Goods to the Buyer arise from the moment funds are credited to the Seller’s current account.
6.2. The delivery terms for transferring the Goods to the Buyer are agreed by the Parties in each specific case and recorded in the order confirmation. The delivery date of the Goods is indicated in the invoices for the Goods.
6.3. Delivery of the Goods to the Buyer is carried out under the terms published on the Online Store website at https://ochi.ua/uk/content/umovi-obminu-ta-povernennya.
6.4. Ownership of the Goods passes from the Seller to the Buyer at the moment of actual transfer of the ordered and paid Goods to the Buyer.
6.5. Acceptance of the Goods by quantity and quality takes place at the place where the Goods are transferred from the Seller or carrier to the Buyer. After the Buyer receives the Goods, claims regarding quantity, completeness and type of Goods are not accepted.
7. Return of goods
7.1. The Buyer has the right to return the Goods to the Seller in the manner and under the terms published on the Online Store website at https://ochi.ua/uk/content/umovi-obminu-ta-povernennya.
7.2. Consideration of the Buyer’s claims, including claims regarding return of Goods, is carried out provided that the Buyer submits the original payment document for the Goods.
8. Rights and obligations of the Seller
8.1. The Seller has the right to:
- make changes at any time to this Agreement, materials and information, including information about Goods/Services offered in the Online Store;
- refuse to enter into the Public Offer Agreement if the Seller is unable to sell the relevant Goods to the Buyer/provide the Service;
- record telephone conversations with the Buyer;
- suspend the sale of Goods/provision of Services to the Buyer if the Buyer breaches their obligations under this Agreement, including, but not limited to, failure to pay for the ordered Goods/Services;
- require the Buyer to perform their obligations under this Agreement in good faith;
- transfer its rights and obligations under the Agreement to third parties without the Buyer’s consent.
8.2. The Seller is obliged to:
- send the Buyer an order confirmation or inform the Buyer of the impossibility of fulfilling the Buyer’s order;
- transfer the Goods to the Buyer after the Buyer pays for such Goods;
- provide Services with proper quality and on time;
- check the quality and quantity of the Goods when transferring them to the Buyer;
- not disclose any private information of the Buyer or provide access to such information to third parties, except in cases provided by the legislation of Ukraine. Providing information by the Seller to contractors and third parties acting under an agreement with the Seller, including for the fulfillment of obligations to the Buyer, is not considered a violation;
- prevent attempts of unauthorized access to information and/or its transfer to persons who are not directly related to the fulfillment of Orders; timely detect and stop such facts;
- properly fulfill the terms of this Agreement.
9. Rights and obligations of the Buyer
9.1. The Buyer has the right to:
- register in the Online Store;
- if the Buyer disagrees with any clause of the offer, refuse to purchase Goods/accept Services, register in the Online Store, and perform any other actions provided for by this Agreement;
- consult the Seller regarding the properties and characteristics of the Goods/Services;
- require the Seller to perform its obligations under this Agreement in good faith;
- exercise other rights provided by the current legislation of Ukraine.
9.2. The Buyer is obliged to:
- before conclusion of the Agreement, familiarize themselves with the content and terms of the Agreement and the prices for Goods/Services offered by the Seller in the Online Store;
- provide all necessary data identifying the Buyer and required for registration in the Online Store by personally entering data during registration in the Online Store or by providing the necessary information to the Online Store operator, and keep such data up to date;
- pay for the ordered Goods/Services in a timely manner, as well as delivery if delivery of the Goods is required;
- properly formalize acceptance of the Goods/Services, including signing and providing the Seller with the relevant documents for receipt of the Goods/Services, and present an identity document or a document identifying the person authorized to receive the Goods;
- check the quality and quantity of the Goods upon receipt from the Seller;
- not disclose any private information of the Seller or provide access to such information to third parties, except in cases provided by the legislation of Ukraine; not transfer the login and password received during registration to third parties and be independently responsible for failure to comply with this obligation;
- properly fulfill the terms of this Agreement.
10. Liability of the parties and dispute resolution procedure
10.1. The Parties are liable for non-performance or improper performance of their obligations under this Agreement in accordance with the current legislation of Ukraine.
10.2. By placing an order, the Buyer is responsible for the accuracy of the information provided to the Seller about themselves, including, but not limited to, the information specified in clause 4.3 of the Agreement, and also confirms that the Buyer has read and agrees to the terms of this Agreement. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
10.3. The Seller is not responsible for the inability to fulfill the Buyer’s order if such inability arose as a result of circumstances beyond the Seller’s control, including, but not limited to, communication line failures, equipment malfunction, etc.
10.4. The Seller’s total liability for non-performance or improper performance of the terms of this Agreement is limited to the amount of the Buyer’s payment made under this Agreement.
10.5. The warranty for the Goods is provided under the terms published on the Online Store website at https://ochi.ua/uk/content/umovi-obminu-ta-povernennya.
11. Force majeure
11.1. The period for the Parties to fulfill their obligations under this Agreement may be suspended only in the event of force majeure circumstances, namely: fire, natural disaster, armed conflict, significant changes in the legislation of Ukraine that complicate or make it impossible for a Party to fulfill its obligations under this Agreement, or other circumstances beyond the control of the Parties.
11.2. The Party affected by force majeure circumstances must notify the other Party in writing within 5 (five) calendar days.
11.3. In the event of force majeure circumstances, the Party affected by them, provided that the requirements of clause 11.2 of this Agreement are met, is released from liability under this Agreement for the period of such circumstances.
11.4. After the force majeure circumstances cease, the period for fulfilling obligations resumes. The Party affected by the force majeure circumstances must notify the other Party in writing of their cessation.
11.5. If force majeure circumstances continue for more than 30 (thirty) consecutive calendar days, the Parties have the right to terminate this Agreement and make final settlements. In this case, damages caused by termination of the Agreement are not reimbursed and penalties are not paid.
12. Other terms of the agreement
12.1. This Agreement enters into force from the moment the Buyer receives order confirmation from the Seller. The Agreement remains in effect until the Parties fully perform their obligations.
12.2. This Agreement is concluded in the territory of Ukraine and operates within the framework of the current legislation of Ukraine.
12.3. The Online Store contains materials, trademarks, trade names and other materials protected by law. The Buyer or any other third parties may not use materials posted in the Online Store, including modifying, copying, publishing, transferring them to third parties, etc. Use of website materials without the consent of rights holders is not permitted. When citing website materials, including copyrighted works, a link to the Online Store website is mandatory.
12.4. All disputes related to non-performance or improper performance of obligations under this Agreement shall be attempted to be resolved by the Parties through negotiations. If no agreement is reached through negotiations, disputes shall be resolved in the manner prescribed by the current legislation of Ukraine.
12.5. By accepting the proposal to enter into the Agreement (Acceptance) in accordance with clause 3.1 of this Agreement, the Buyer accepts the Contractor’s Privacy Policy posted on the Internet at https://ochi.ua/uk/content/umovi-obminu-ta-povernennya, and also consents to the collection, systematization, accumulation, storage, clarification (updating, changing) and use of the Buyer’s personal data and personal information by all methods provided for by applicable law for the purpose of fulfilling obligations under the agreement.
12.6. In cases not regulated by this Agreement, the Parties shall be guided by the current legislation of Ukraine.
13. Personal data
13.1. Provision of personal data when filling in the registration form on the website, as well as its voluntary posting by the User/Buyer on the Site while using the Site, is regulated in accordance with the legislation of Ukraine on personal data protection.
13.2. In order to order Goods/Services, participate in promotions, surveys or otherwise interact with the Administration, the User/Buyer must carefully read the rights and obligations regarding personal data processing specified in Article 8 of the Law of Ukraine “On Personal Data Protection”, carefully read this Agreement and accept its terms.
13.3. The personal data of the User/Buyer is stored in a personal database owned by the Administration of the Online Store.
13.4. By agreeing to the terms of this Agreement, the User/Buyer certifies and confirms that they have read and fully agree with the terms of use of the Online Store website, will comply with this Agreement, are aware of their rights related to their personal data, and that their voluntarily provided personal data constitutes consent to its inclusion in the Administration’s personal database, processing, modification and supplementation by the Administration in any manner not prohibited by the current legislation of Ukraine, including, but not limited to, for compliance with the requirements of Ukrainian legislation on advertising, taxes and accounting, marketing, conducting promotions and preparing statistical information.
13.5. The personal data of the User/Buyer is stored in the Administration’s personal database until it is withdrawn upon the written request of the User/Buyer. If consent to personal data processing is withdrawn, the Administration has the right to restrict the User/Buyer’s use of certain resources, servers and capabilities of the Online Store.
13.6. Disclosure of information provided by the User/Buyer is carried out in accordance with the current legislation of Ukraine at the request of a court, law enforcement agencies, and in other cases provided by the legislation of Ukraine.
13.7. The Buyer confirms consent to processing, modifying and supplementing the Buyer’s personal data by the Administration without written prior notice to the Buyer.
13.8. The location of the personal database containing the personal data of the User/Buyer is the location of the Administration.
13.9. The Administration has the right to process the personal data of the User/Buyer both independently and by entrusting personal data processing to third parties on the basis of a written agreement, provided confidentiality is maintained.
Please read the public offer carefully
If you do not agree with any clause of the offer, you have the right to refuse to purchase Goods/Services available in the Online Store and not to perform the actions specified in clauses 4.3 and 3.1 of this Offer.