PUBLIC OFFER AGREEMENT
RULES OF USE OF THE WEBSITE (INTERNET-SHOP)
PUBLIC OFFER AGREEMENT:
1. General provisions:
1.1. The present offer is the official offer of the LLC Buksha (hereinafter referred to as the Seller) to enter into the distance Sale and Purchase Agreement for the products via the Seller’s online store https://www.booksha.com/ (hereinafter referred to as the Online Store).
1.2. This Agreement is a public offer agreement (as defined by Articles 633, 641 of the Civil Code of Ukraine), the terms of which are equal for all the Buyers.
1.3. The time of full and unconditional acceptance by the Buyer of the Seller’s offer (i.e. acceptance) to enter into the electronic Sale and Purchase Agreement for the products shall be the fact of payment by the Buyer for the order under the terms hereunder and within the terms and at the prices specified in the Seller’s Online Store.
2. Terms and Definitions:
2.1. The terms specified herein shall mean as follows:
The Product — a list of products published on the Online Store website.
The Online Store — a means of presenting or selling a product, work or a service through electronic transaction.
The Seller — a company that sells products presented on the Online Store website.
The Buyer — a natural person, who has come to the age of eighteen, receives information from the Online Store, places orders and purchases Products presented on the Online Store website for non-business purposes or a legal entity/individual entrepreneur.
The Order — the Buyer’s completed and placed application addressed to the Online Store to purchase and deliver Products on its behalf and upon its instructions.
3. Subject of Agreement:
3.1. The Seller hereby undertakes to transfer the Product to the Buyer, and the Buyer undertakes pay for and accept the Product under the terms hereof. This Agreement regulates the purchase and sale of products in the Online Store, to include:
— The Buyer’s voluntary choice of products in the Online Store;
— The Buyer’s independent registration of the order in the Online Store;
— The Buyer’s payment for the order made in the Online Store;
— Processing and delivery of the order into the Bayer’s ownership under the terms and conditions specified herein.
4. Ordering Procedure:
4.1. The Buyer can view through the contents of the Website, place orders and use its other services.
4.2. The Buyer is entitled to place an order for any product presented on the Online Store Website, provided that it is available.
4.3. Each product is available for ordering in any quantity.
4.4. If any product is unavailable from the stock the company manager shall undertake to inform the Buyer thereof (by phone or email).
4.5. If any product is unavailable, the Buyer is entitled to replace it with a product of a similar model, to refuse the product and cancel the order.
4.6. The Buyer shall undertake to provide true, accurate and complete information about it. The Online Store shall not be responsible for the accuracy and correctness of the information the Buyer specifies when registering and fulfilling the Order.
4.7. The Online Store is entitled to refuse the Buyer to use its services, if it has any reasons to believe that the Buyer has provided incorrect information, and in case of unfair conduct (for example, breaching the terms hereof, etc.).
5. Order Payment Procedure:
5.1. The payment shall be made via the LiqPay server or the internet banking.
The payment shall be made in the national currency of Ukraine – hryvnia (UAH).
5.2. The Buyer shall pay 100% of the cost of the Product in favor of the Seller when making an Order. If no funds are received, the Seller retains the right to cancel the order.
5.3. The payment for delivery shall be made when the Buyer receives the Product from the carrier company.
6. Order Delivery Terms:
6.1. Products purchased via the Online Store are delivered by means and at the applicable tariffs of the carrier company.
6.2. The delivery of Orders across the territory of Ukraine is carried out by Nova Poshta LLC, the carrier. The delivery cost of each Order is calculated independently by the carrier, based on the weight of the Order, the region and the method of delivery. The Buyer can calculate the delivery cost independently on the Nova Poshta official website.
6.3. The international delivery of Orders is carried out by Ukrposhta JSC mail service.
6.4. In addition to the Order the Buyer shall be provided with all the documents envisaged by the law of Ukraine.
7. Rights and Obligations of the Parties:
7.1. The Seller shall be entitled to:
— Unilaterally terminate the provision of services under this Agreement, should the Buyer breach its terms;
— Require the compliance with the terms hereof from the Buyer;
7.2. The Seller shall undertake to:
— Deliver the Product to the Buyer in accordance with the Order, given that the Buyer fulfills the terms envisaged hereby;
— Check the qualitative and quantitative characteristics of the Product when it is packaged;
7.3. The Buyer shall undertake to:
— Study the information about the Product available in the Online Store;
— Read and accept the terms of this Agreement or refuse to make an Order if the terms of the Agreement are unacceptable;
— Pay the cost of an Order in due course and time;
— Accept the Product selected in the Order;
— Make sure that the Product is complete by inspecting the contents of the packaging. In case of any Product deficiencies or damage — make the related records to be signed by the Buyer and the carrier’s representative.
7.4. The Buyer shall be entitled to:
— Order Products in the Online Store;
— Require the Seller to comply with the terms and conditions specified hereunder.
8. Responsibility of the Parties:
8.1. The Parties are responsible for non-fulfillment or improper fulfillment hereunder in terms stipulated by this Agreement and the applicable legislation of Ukraine.
8.2. The Seller shall be responsible for:
— The appearance of the Products modified by the manufacturer;
— A slight discrepancy in the color gamut of the product which may differ from the original one solely due to different mode of rendering color of the image on the monitor of the Buyer’s personal computer;
— The content and reliability of data provided by the Buyer when placing the Order;
— The delay in processing the order and delivery of products, which occur for reasons beyond the Seller’s control;
— Unlawful, illegal actions taken by the Buyer through this access to the Internet;
— The Buyer’s transfer of its IDs – IP, MAC addresses, login and password to third parties.
8.3. In case of Force Majeure, the Parties shall be exempt from the terms and conditions hereunder. For the purpose herein, Force Majeure shall mean events of an extraordinary, unforeseen nature, which exclude or objectively interfere with the implementation of this Agreement, the occurrence of which the Parties could not have foreseen and prevented reasonably.
9. Products Return Procedure:
9.1. The Products shall be returned to the Online Store under the regulations of the applicable law of Ukraine.
9.2. The Products shall be returned to the Online Store at the Buyer’s cost.
9.3. You can exchange or return the Products within 14 days net of the day of purchase. The exchange or return of products is carried out given that they were not used and that their commercial appearance, consumer properties, seals, labels and the settlement document issued by the Seller with the products were preserved.
9.4. When the Buyer returns the good quality Products, the Online Store shall pay back to the Buyer the amount paid for the Products minus compensation for the costs the Online Store had paid for the delivery of the Products to the Buyer.
9.5. Based on the Decree of the Cabinet of Ministers of Ukraine No. 172 dd. March 19, 1994 “On the Implementation of Certain Provisions of the Law of Ukraine “On Consumer Protection”, good quality printed publications are not subject to exchange or return.
9.6. Should there be any printing defects of books, the Seller, at the request of the Buyer, exchanges the products for those of good quality, or makes a refund in the amount of the returned products. Printing defects are defects resulting from a failure to meet the manufacturing technology that leads to misrepresentation or loss of information i.e. smudging, non-printing, fuzzy printing, glued pages, uneven cropping, inverted sheets, missing sheets or repeated ones, mismatch of the book name on the cover page with its contents, etc.
Rules for Using the Website Materials:
1. The Website https://www.booksha.com/ contains materials, trademarks, trade names and other proprietary materials that include but are not limited by the texts, photos, graphics etc.
1.1. The Website content is protected by the law of Ukraine.
1.2. The Buyer has no right to use the materials posted on the website to make any changes, publish, pass to third parties, participate in sales or concessions, create any derivatives etc.
2.1. The Online Store retains the right to unilaterally amend this Agreement subject to its prior publication on the website: https://www.booksha.com/.
2.2. The Online Store had been created to organize a remote selling of products via the Internet.
2.4. The Buyer’s payment for an Order placed on the Online Store shall mean its full consent to the terms and conditions of this Purchase and Sale Agreement (Public Offer).
2.5. Any disputes arising between the Buyer and the Online Store shall be settled by means of negotiation. In case of a failure to settle the dispute, the Buyer or the Online Store may apply to the judicial authorities in accordance with the applicable law of Ukraine.
The LLC Publishing House of BOOKSHA (USREOU Code: 42771270, Certificate of book publishing: series DK № 7075 dated 16.06.2020), managing the website https://www.booksha.com/ (hereinafter referred to as the “LLC”, “Website Administration”), understanding the importance of ensuring the confidentiality and privacy of Personal Data of individuals, hereby enters with you (hereinafter referred to as the “Participant”, the “User”) into the Privacy Agreement (hereinafter referred to as the “Agreement”) to determine the procedure for obtaining, storing, processing, using and disclosing the Participant’s Personal Data by the LLC, when the Participant uses the LLC’s and the Website Services: https://www.booksha.com/ (hereinafter referred to as the “Website”).
1. General Provisions:
To use the Website and Services https://www.booksha.com/, the Participant shall undertake to accept the terms and conditions of this Agreement. The Participant has no right to use the Website and its Services (hereinafter referred to as the “Services”) if it disagrees with the terms hereunder.
2. Terms and Definitions:
“Personal Data” is the information about a particular Participant allowing defining the Participant’s identity.
“Public Data” is the information (to include Personal Data) which an individual who owns this data has made available to an unlimited number of individuals (to include by posting on any website without limiting access thereto) or to which, under this Agreement and/or applicable law of Ukraine, the requirement of confidentiality is not applicable.
“Cookie” is a piece of data created by the Website and stored in the Participant’s computer in the form of one or more files. Cookies do not contain Personal Data and can be blocked by the Participant at any time.
“Services” are any purchase offers placed on the Website provided by the LLC and used by the Participants in the manner and under the conditions set out in the Public Offer for such services.
3. Subject of Agreement:
3.1. This Agreement sets out the procedure for obtaining, storing, processing, using and disclosing Personal, Public and other data the Participant provides to the LLC when using the Website and Services.
3.2. By using any part of the Website and Services, the Participant grants LLC the right to obtain, store, process, use and disclose its Personal Data under the terms and conditions specified hereunder.
3.3. This Agreement does not govern, and the LLC is not responsible for obtaining, storing, processing, using and disclosing the Participant’s Personal Data by any other third parties and organizations not owned or operated by the LLC and individuals who are not employees of the LLC, even if the Participant has assessed the websites, software, products or services of such entities through the Website.
3.4. The purpose of obtaining, storing, processing and using the Participant’s Personal, Public and other data is to protect the interests of such Participant and the Website, as well as to provide the Participant with the Services, to include displaying targeted, personalized or general information, improving the quality of existing and creating new sites and services provided by the Website.
4. Obtaining, Processing and Using Information:
4.1. When using the Website to receive any Services, the Participant shall specify its name, surname, e-mail address, contact telephone number and other information that it voluntarily provides. Having placed the Order on the Website, the LLC gets an opportunity to identify the Participant every time it uses the Website.
4.2. The Website Administration has the right to download Cookies to the Participants’ computers (unless the User has independently restricted this option in its web browser), as well as to receive, save, process and use information contained in the Cookies.
4.3. When the Participant uses the Website and Services thereon, the latter automatically stores, processes and uses the non-Personal data of such a Participant, e.g.: its IP address, location, which can be determined by its IP address, technical parameters of the Participant’s computer, presence or absence on the Participant’s computer of specific software, software configuration, cookies, and statistics on the Participant’s activity.
4.4. The LLC has the right to keep the Participant’s Personal, Public and other data to the extent and within the time necessary to implement the purpose specified in this Agreement, or within the terms established by the applicable law of Ukraine, the rules of international law, or the law of the country of residence or stay of the Participant, or until the latter deletes this data.
5. Access to Information:
5.1. The LLC undertakes not to disclose any Personal Data to any other third parties for commercial purposes without the consent of the Participant such data belongs to. The transfer of the Personal Data to third parties is allowed in the following cases:after obtaining the consent of the Participant the data belongs to;if such transfer is required for the purpose of fulfilling the Order or the Participant’s request;upon reasoned requests from public authorities entitled to receive such data;if the LLC believes that the Participant violates the terms of this Agreement and/or any other agreements between the LLC and the Participant.
5.2. The Participant allows the LLC to authorize other companies the LLC has entered into appropriate agreements with, to obtain, store and process information on the Participant (to exclude Personal Data) such as the Participant’s IP address, cookies and its activity statistics to improve the quality of services provided by such companies, and promotional data.
5.3. The Participant agrees that confidentiality of data transmitted via the Internet is not guaranteed and in case the access to this data is obtained by any other third parties outside the area of technical means of the LLC, the latter shall not be responsible for the damage caused by such access.
5.4. The Participant has the right to request, change or delete its Personal data accessed by the LLC. To do this, the Participant shall send a corresponding request to the contact address of the LLC indicated on the Website, unless any other ways of requesting, changing or deleting Personal Data are provided by the Website technical capabilities.
6. Personal Data Owner Rights:
6.1. The LLC hereby informs that the Participant, as the owner of its personal data, has the rights stipulated by the law of Ukraine “On Personal Data Protection”, namely:
1) to know about the sources of collection, location of its personal data, the purpose of its processing, the location or place of residence (stay) of the owner or manager of the personal data, or to give an appropriate instruction for receiving this information by authorized persons, except in cases established by the law;
2) to receive information on the conditions of access to personal data, in particular on third parties its personal data is transferred to;
3) access its personal data;
4) receive an answer whether its personal data is processed, to include the contents of such personal data, not later than thirty calendar days as from the date of receipt of the request, except in cases stipulated by the law;
5) to make a reasoned request to the personal data owner with an objection to the processing of its personal data;
6) to make a reasoned request to change or destroy its personal data by any owner and manager thereof, if such data is processed illegally or is unreliable;
7) to protect its personal data from unlawful processing and accidental loss, destruction, damage due to any intentional concealment, failure to provide or untimely disclosure thereof, as well as to protect against the provision of information that is inaccurate or degrading to honor, dignity and goodwill of any individual whatsoever;
8) to file complaints on the processing of its personal data to the Commissioner or to the court;
9) to apply remedies in case the Law “On Personal Data Protection” is violated;
10) to restrict the right to process its personal data when agreeing thereupon;
11) to withdraw the consent for personal data processing;
12) to know the mechanism of automatic processing of personal data;
13) to protect itself against any automated decision, resulting in legal consequences for such a participant.
7. Additional Terms and Conditions:
7.2. The LLC shall not be held liable for any damages or losses incurred by the Participant or any other third parties as a result of a misunderstanding or misreading of the terms stipulated hereunder, instructions or comments on how to use the Website, the procedure for posting data and other technical issues.
7.3. Should any part of this Agreement become invalid or impossible to complete, all other parts of the Agreement shall remain in force. The waiver by either party hereto of any provision or condition of this Agreement, or any breach thereof, shall not invalidate such provision or condition.
7.4. This Agreement and relations between the LLC and the Participant arising out of the use of the Website shall be governed by the laws of Ukraine. Each Party hereto unequivocally agrees that the relevant courts of Ukraine have exclusive jurisdiction over any claims, disputes or disagreements regarding the Agreement and the use of the Website.
Buksha Limited Liability Company