Public Offer Agreement
This agreement is addressed to Consumers and is an official and public offer of the Seller, represented by Ukrei O.O., acting on the basis of an entry in the unified register of legal entities, individual entrepreneurs, and civil formations. The Consumer, acting for the purpose of purchasing the Product, accepts the terms of this agreement (hereinafter – Agreement) as follows:
1. GENERAL PROVISIONS
1.1. This agreement is a public offer agreement (in accordance with Articles 633, 641, and Chapter 54 of the Civil Code of Ukraine), its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur).
1.2. Upon acceptance of the terms of this agreement, i.e., the public offer of the Seller, the consumer becomes a Buyer.
1.3. By entering into the Agreement, the Buyer confirms that they are fully and completely familiar with and agree to its terms, and also, if the Buyer is an individual, grants permission to the Seller to process their personal data for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, as well as for receiving invoices, acts, and other documents. Permission to process personal data is valid throughout the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into this Agreement, the Customer confirms that they are notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and for receiving invoices, acts, and other documents. The Customer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notices to the Customer, without changing the purpose of personal data processing. The scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by them.
2. TERMS AND DEFINITIONS
Site Visitor – a person who visits the site https://moran.com.ua/ without the purpose of placing an Order.
User – a person, a Site visitor, who accepts the terms of this Agreement and wishes to place an Order on the site https://moran.com.ua/.
Buyer – a User who has placed an Order on the site https://moran.com.ua/.
Seller – Ukrei O.O., acting on the basis of an entry in the unified register of legal entities, individual entrepreneurs, and civil formations, established in accordance with the Legislation of Ukraine, managing the site located on the Internet at: https://moran.com.ua/.
Online Store – an Internet site owned by the Seller, located on the Internet at https://moran.com.ua/, where Products are presented, offered by the Seller for purchase, as well as payment and delivery terms for Products to Buyers.
Site – https://moran.com.ua/.
Product – non-food products, the name, description, and price of which are published on the Online Store site. Product information may also be accompanied by its image.
Order – a properly executed request by the Buyer for the purchase and delivery to the address specified by the Buyer of Products selected on the Site.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the User with the opportunity to purchase for personal, family, household, and other needs not related to business activities, Products presented in the Online Store catalog at https://moran.com.ua/.
3.2. This Agreement applies to all types of Products and services presented on the Site, as long as such offers with descriptions are present in the Online Store catalog.
4. PRODUCT AND ORDER PROCEDURE
4.1. The Seller ensures the availability of Products presented on the Site in its warehouse. Accompanying Product photos may differ slightly from the actual appearance of the Product, taking into account the color rendering features of various devices used to view the Site. Accompanying Product descriptions/characteristics do not claim to be exhaustive and may contain typographical errors.
4.2. In case of absence of Products ordered by the Buyer in the Seller's warehouse, the latter has the right to exclude the specified Product from the Order / cancel the Buyer's Order, notifying the Buyer by sending an appropriate electronic message to the address specified by the Buyer during registration, or by other means.
4.3. In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Product is returned by the Seller to the Buyer by the method by which the Product was paid.
4.4. The Buyer bears full responsibility for providing false information that resulted in the impossibility of proper fulfillment by the Seller of its obligations to the Buyer.
4.5. After placing an Order on the Site, the Buyer is provided with information about the expected delivery date by sending an electronic message to the address specified by the Buyer during registration, or by phone. The manager serving this Order clarifies the Order details, coordinates the delivery date, which depends on the availability of ordered Products in the Seller's warehouse and the time required for processing and delivering the Order.
4.6. The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by the manager serving the Order by email or during a control call to the Buyer.
5. PRICE AND PAYMENT PROCEDURE
5.1. The price of each individual Product is determined by the Seller and indicated on the Online Store site. The Order price is determined by adding the prices of all Products included in the Order, which equals the amount to be paid, indicated on the Online Store site when placing the Order at the time of its placement.
5.2. The contract price equals the Order price. The order amount may change depending on the price, quantity, or nomenclature of the Product.
5.3. The Buyer pays for the Product according to the Order. The Buyer agrees and makes payment using electronic payment systems.
5.4. Payment for the Product is made in the national currency of Ukraine.
5.5. The Order is considered paid from the moment the payment is received into the Seller's or its representative's account. Placing an Order on the Online Store site indicates the Buyer's agreement with the terms of this agreement.
5.6. The price of the Product indicated on the Online Store site may be changed by the Seller unilaterally. However, the price of the Product ordered by the Buyer is not subject to change.
5.7. Until the Buyer's funds are credited to the Seller's account, the product is not reserved. The Seller cannot guarantee the availability of the Seller's Product in the quantity specified at the time of placing the Order, which may result in increased Order processing times. If it is necessary to return funds by the Seller to the Buyer, for the return of funds, the Buyer is obliged to inform the Seller of the bank account details to which the Seller is obliged to transfer the funds.
6. PRODUCT AND FUNDS RETURN
6.1. Product return is carried out in accordance with the "Return Terms" specified on the Site.
6.2. Return of Products of proper quality:
6.2.1. The Buyer has the right to refuse the ordered Product at any time before its shipment. Return of shipped Products is carried out in the manner determined by the legislation of Ukraine.
6.2.2. If at the time of the Buyer's request, the ordered or similar Product is not available for sale from the Seller, the Buyer has the right to refuse to fulfill this Agreement and demand the return of the money paid for the specified Product. The Seller is obliged in such case to return the paid amount within 3 days.
6.3. Return of Products of improper quality:
6.3.1. A product of improper quality means a product that has an obvious manufacturing defect. The received Product must correspond to the description on the Site. The difference in design elements, packaging, or design from the description stated on the Site is not a sign of improper quality.
6.3.2. The appearance of the Product, as well as the completeness of the entire Order, must be checked by the Recipient at the time of Product delivery.
6.3.3. Demands for the return of money paid for the product are subject to satisfaction within 14 days from the date of the corresponding demand (Law of Ukraine No. 1023-XII "On Consumer Rights Protection", 12.05.1991).
6.4. Return of funds is carried out by returning the cost of the paid Product to the Buyer's account or in cash.
7. LIABILITY
The Seller is not liable for the Buyer's choice of Product, it only guarantees the compliance of ordered items.
8. CONFIDENTIALITY AND INFORMATION PROTECTION
8.1. When registering on the Site, the User provides the following information: Full Name, phone number, email address, delivery address.
8.2. By providing their personal data to the Seller, the Site Visitor / User / Buyer agrees to their processing by the Seller, including for the purpose of promoting the Seller's goods and services, as well as the transfer of personal data to third parties involved by the Buyer to fulfill obligations to the Site Visitor / User / Buyer within the Public Offer.
8.3. The Seller uses the User's / Buyer's personal data: to fulfill its obligations to the User / Buyer; to evaluate and analyze the Site's work; to determine the winner in promotions conducted by the Seller.
8.3.1. The Seller has the right to send informational, including advertising messages, to the email and mobile phone of the User / Buyer with their consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages informing the User / Buyer about the order and stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
8.4. The Seller has the right to use "cookies" technology. "Cookies" do not contain confidential information and are not transmitted to third parties.
8.5. The Seller receives information about the Site Visitor's IP address. This information is not used to identify the visitor.
8.6. The Seller is not liable for information provided by the User / Buyer on the Site in publicly available form.
9. ADDITIONAL TERMS
9.1. The Online Store and services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The Seller's technical service has the right to periodically carry out necessary maintenance or other work with prior notice to Buyers or without such.
9.2. The relations between the User / Buyer and the Seller are governed by the provisions of the legislation of Ukraine.
9.3. The parties make maximum efforts to resolve disagreements exclusively through negotiations. In case of failure to reach agreement, the dispute may be submitted to a judicial body in accordance with the current legislation of Ukraine.
9.4. In case of force majeure circumstances, documented by the relevant authorities, the parties are released from the performance of this agreement.
9.5. Recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of other provisions.