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Public Agreement
This agreement is an official and public offer by the Seller to enter into a contract for the purchase and sale of the Goods presented on the website https://imagineu.com.ua/. This agreement is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and procedures for placing an order, paying for the goods, delivering the goods, returning the goods, responsibility for dishonest orders, and all other conditions of the agreement. The agreement is considered concluded from the moment the buyer clicks the "Confirm Order" button on the order confirmation page in the "Cart" section and receives confirmation of the order from the Seller in electronic form.
1.1. Public Offer (hereinafter referred to as the "Offer") - a public proposal by the Seller addressed to an indefinite number of individuals to enter into a distance purchase and sale contract (hereinafter referred to as the "Agreement") with the Seller on the terms contained in this Offer.
1.2. Goods or Services - the subject of the agreement between the parties, selected by the buyer on the website of the online store and placed in the cart, or already purchased by the Buyer from the Seller in a remote manner.
1.3. Online Store - the Seller's website at www. https://imagineu.com.ua/, created for the purpose of concluding retail and wholesale purchase and sale contracts based on the Buyer's acquaintance with the Seller's description of the Goods through the Internet.
1.4. Buyer - a legally capable individual who has reached the age of 18.
1.5. Seller - Limited Liability Company "Home of Innovative Brands ImagineU" (identification code 45318825), a legal entity established and operating in accordance with the current legislation of Ukraine, with its registered office at: Ukraine, 01001, Kyiv, Zankovetskoi Street, Building 5/2, Apt. 44.
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.
2.2. The date of entering into the Offer Agreement (acceptance of the offer) and the moment of the Buyer's full and unequivocal acceptance of the terms of the Agreement are considered to be the date when the Buyer fills out the order form on the website of the online store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be formalized in writing.
3.1. The Buyer independently places an order in the online store through the "Cart".
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicion about its accuracy.
3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer's last name, first name;
3.3.2. Delivery address (if delivery to the Buyer's address is required);
3.3.3. Contact phone number.
3.4. The name, quantity, article, and price of the selected Goods by the Buyer are indicated in the Buyer's cart on the website of the online store.
3.5. If either party to the contract requires additional information, they have the right to request it from the other party. In case the necessary information is not provided by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods from the online store.
3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.
3.7. The acceptance by the Buyer of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the website of the online store or when placing an order through the operator. After placing the order through the operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the order.
3.9. By entering into the Agreement, i.e., accepting the terms of this offer (the proposed terms of purchasing the Goods) by placing the order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this offer;
b) The Buyer gives consent for the collection, processing, and transfer of personal data. The consent for the processing of personal data is valid throughout the term of the Agreement and for an unlimited period after its expiration. In addition, by entering into the contract, the Buyer confirms that he has been informed (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data," the purposes of data collection, and that his personal data is transmitted to the Seller for the purpose of fulfilling the terms of this Agreement, facilitating settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as the subject of personal data under the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the online store. All prices for Goods and services are specified in Ukrainian Hryvnia and include VAT.
4.2 Prices for Goods and services may be unilaterally changed by the Seller depending on market conditions. However, the price of a specific unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3 The cost of the Goods indicated on the website of the online store does not include the cost of delivering the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer according to the current tariffs of the delivery services (carriers) chosen by the Buyer.
4.4 The cost of the Goods indicated on the website of the online store does not include the cost of delivering the Goods to the Buyer's address.
4.5 The Seller may provide an estimated cost of delivering the Goods to the Buyer's address when the Buyer makes a relevant request to the Seller by sending an email or when placing an order through the operator of the online store.
4.6 The Buyer's obligation to pay for the Goods is considered fulfilled from the moment the funds are credited to the Seller's account.
4.7 Settlements between the Seller and the Buyer for the Goods are made using the methods specified on the website of the online store in the "Payment and Delivery" section.
4.8 Upon receiving the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify the conformity of the Goods to qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9 The Buyer or their representative, upon receiving the Goods, confirms with their signature on the sales receipt/order/delivery waybill that there are no claims regarding the quantity of the Goods, its external appearance, and completeness.
4.10 The right of ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment of receiving the Goods by the Buyer in the city of delivery of the Goods in the case of self-delivery of the Goods from the Seller or when the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.
5.1. The Seller is obligated to:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Contract and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and during the fulfillment of the Buyer's order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the website of the online store. All changes take effect from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Before entering into the Agreement, familiarize themselves with the content of the Agreement, the terms of the Contract, and the prices offered by the Seller on the website of the online store.
5.3.2. For the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that uniquely identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods did not satisfy them in terms of form, dimensions, style, color, size, or for other reasons preventing its use for the intended purpose. The Buyer has the right to return non-food Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of non-food Goods is allowed if it has not been used, and if its appearance, consumer properties, packaging, seals, labels, and the payment document issued by the Buyer for the payment of the Goods are preserved. The list of Goods that are not subject to return under the conditions specified in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the value of non-food Goods of proper quality to the Buyer is made within 30 (thirty) calendar days from the moment of receiving such Goods by the Seller, provided that the requirements specified in clause 6.1 of the Contract are met, and in accordance with the current legislation of Ukraine.
6.3. The cost of the Goods is refunded to the Buyer by bank transfer to their account.
6.4. The return of non-food Goods of proper quality to the Seller's address is at the expense of the Buyer, and the Seller does not reimburse the Buyer for this cost.
6.5. In case of defects in the Goods discovered during the warranty period, the Buyer has the right to present claims to the Seller personally, in the manner and within the period established by the legislation of Ukraine, as provided by the Law of Ukraine "On Consumer Rights Protection." When making claims for free defects correction, the term for their correction is deducted from the date of the Goods being made available to the Seller and physical access to such Goods.
6.6. The consideration of claims provided by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller provided the Buyer provides the documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that occurred after its transfer to the Buyer due to the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse non-food Goods of proper quality with individually defined properties if such Goods can only be used by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, etc., at the Buyer's request). Confirmation that the Goods have individually defined properties is the difference in the sizes of the Goods and other characteristics indicated on the online store. 6.8. The return of Goods, in cases provided by law and this Agreement, is carried out at the address specified on the website in the "Contact Center" section.
7.1. The Seller is not liable for damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper or untimely fulfillment of Orders and obligations in case the Buyer provides unreliable or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are exempt from liability for complete or partial non-performance of their obligations if such non-performance is a result of force majeure circumstances, such as war or military actions, earthquake, flood, fire, and other natural disasters, occurring independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The party unable to fulfill its obligations promptly notifies the other party of this.
8.1. By providing their personal data on the Internet store website during registration or order placement, the Buyer voluntarily gives the Seller their consent to process, use (including transfer) their personal data, as well as perform other actions specified in the Law of Ukraine "On Personal Data Protection," without limiting the validity period of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for maintaining their personal data up-to-date. The Seller is not responsible for the inadequate performance or non-performance of its obligations due to the outdated information about the Buyer or its inconsistency with reality.
9.1. This Agreement is concluded within the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the disputed issue through negotiations, the Buyer and/or the Seller have the right to seek dispute resolution through judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to unilaterally make changes to this Agreement as provided in clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner provided by the current legislation of Ukraine.
LLC "House of Innovative Brands Imagine You"
Ukraine, 01001, Kyiv, Zankovetskoi Street, Building 5/2, Apt. 44
EDRPOU 45318825 VAT ID 453188226558
Account UA863052990000026007026239925 in UAH currency at PJSC "PrivatBank"
Phone: (066) 578-87-97
Director: Boris Georgiyovich Shestopalov