PUBLIC OFFER AGREEMENT
PUBLIC AGREEMENT (OFFER)
to order, purchase, sale and delivery of goods
This agreement between FOP Triguba Daria Aleksandrovna, hereinafter referred to as the “Seller” and the user of the services of the website, hereinafter referred to as the “Customer”, is an agreement on the order for the purchase, purchase and delivery of Goods and defines the basic conditions for ordering, purchasing and delivery of goods through website https://lior-boutique.com/ The Buyer, acting with the purpose of acquiring the Goods, accepts the terms of this contract for the sale of goods (hereinafter - the Contract) on the following conditions.
1. DEFINITION OF TERMS
1.1. Public offer (hereinafter referred to as the “Offer”) is the Seller’s public offer addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the “Agreement”) under the conditions contained in this Offer, including all Applications.
1.2. Order - the decision of the Customer to order goods and their delivery, issued in the online store and / or instructions for the purchase and delivery of goods.
2. GENERAL PROVISIONS
2.1. The information below is an official offer (offer) of the online store https://lior-boutique.com/ to any individual (hereinafter - the Buyer) to conclude a contract of sale of goods. The specified contract is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers.
2.2. According to Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the contract of sale of goods on the conditions below, is the fact of order registration and confirmation.
2.4. By placing an Order, the Buyer confirms the approval and unconditional acceptance of the terms of this offer (offer).
2.5. By concluding an Agreement (that is, accepting the terms of this Offer (Offer) by placing an Order), the Buyer confirms the following:
The buyer is fully acquainted and agrees with the terms of this offer (offer);
It gives permission for the collection, processing and transfer of personal data on the conditions specified below in the Caution regarding the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Customer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of collecting data, and that his personal data is transmitted to the Seller in order to be able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as for receiving bills, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications from the Customer, without changing the purpose of processing personal data. The scope of the rights of the Customer as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understandable to him.
3. PRICE OF GOODS
3.1. The price for each item of the Goods is indicated on the website of the online store.
3.2. The seller has the right to unilaterally change the price for any position of the Goods.
3.3. In the event of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer of a change in the price of the Goods.
3.4. The Buyer has the right to confirm or cancel the Purchase Order for the Goods if the price is changed by the Seller after placing the Order.
3.5. Change by the Seller of the price of the goods paid by the Buyer is not allowed.
3.6. The seller indicates the cost of delivery of the goods on the website of the online store or informs the buyer when placing the order by the operator.
3.7. The Buyer's obligations to pay for the Goods are deemed fulfilled from the moment the funds are received by the Seller.
3.8. Payments between the Seller and the Buyer for the Goods are made by the methods indicated on the website of the online store in the "Payment and Delivery" section.
4. ORDERING
4.1. The order of the Goods is carried out by the Buyer through the Operator by phone:
068 917-24-24
or through the service of the website of the online store https://lior-boutique.com/
4.2. When registering on the website of the online store, the Buyer agrees to provide the following registration information:
4.2.1. Surname and name of the Buyer or the person (recipient) indicated by him;
4.2.2. The address to which the goods should be delivered (if delivery is to the buyer's address);
4.2.3. Email address (optional field);
4.2.4. Contact number.
4.3. The name, quantity, article, price of the Goods chosen by the Buyer are indicated in the Buyer's basket on the website of the online store.
4.4. If the Seller needs additional information, he is entitled to request it from the Buyer. In the event that the Buyer does not provide the necessary information, the Seller is not responsible for the provision of quality services to the Buyer when purchasing goods on the online market.
4.5. When placing an Order through the Operator (clause 4.1. Of this Offer), the Buyer agrees to provide the information specified in clause 4.2. of the present Offer.
4.6. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer 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, data about the Buyer is recorded in the Seller's database.
4.7. The buyer is responsible for the accuracy of the information provided when placing the Order.
4.8. The contract of sale by remote means between the Seller and the Buyer is considered concluded from the moment of electronic ordering on the website service of the online store or when the Seller issues the cashier or sales receipt or other document confirming the payment of the Goods to the Buyer.
5. DELIVERY AND DELIVERY OF GOODS TO THE BUYER
5.1. The methods, procedure and terms of delivery of goods are indicated on the website in the section "Delivery and payment". The buyer agrees with the operator of the online market at the time of checkout the order and conditions of delivery of the ordered goods.
5.2. Pickup:
5.2.1. After the formation of the application, the buyer can make a calculation and receive his goods at the address: Kiev, Victory Avenue 20, Mon - Fri from 10:00 to 21:00
5.2.2. The right of ownership and the risk of accidental loss or damage to the goods passes to the Customer or his Representative from the moment of receipt of the goods by and signing by the Parties of a receipt and / or order (and / or order for the purchase and delivery of goods) for delivery.
5.3. Delivery of goods is carried out on their own by employees of the online store according to the terms of delivery, or with the involvement of third parties (the carrier).
5.4. Upon receipt of the goods, the Customer must, in the presence of a courier representative, check the conformity of the Goods with qualitative and quantitative characteristics, (product name, quantity, completeness, shelf life).
5.5. Upon acceptance of the goods, the Customer or the Customer’s Representative confirms with his signature in the sales receipt and / or order for the delivery of goods, which has no claims on the quantity of goods, the appearance and completeness of the goods.
6. RETURN OF GOODS
6.1. The customer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - in the manner and on the conditions determined by the Law of Ukraine "On Protection of Consumer Rights".
6.2. The return of excisable goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the fact of purchase and the conditions of the order of the specified goods are preserved.
6.3. The Customer does not have the right to refuse the goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the Consumer who purchased it (including non-standard, at the request of the Customer, sizes, etc.). Confirmation that the product has individually defined properties is the difference in product sizes and other characteristics that are indicated in the online store.
6.4. Return of goods, in cases stipulated by law and this Agreement, is carried out at the address indicated on the website in the section "Delivery and Payment".
6.5. If the Buyer refuses the goods of good quality, the Seller returns money in the amount of the cost of such Goods, with the exception of the costs of the seller for the delivery of goods that are returned.
6.6. Refund of the amount specified in clause 6.5. It is carried out within 7 working days after receiving the return of goods by the store.
7. RESPONSIBILITY OF THE PARTIES
7.1. The Seller is not liable for damage caused to the Buyer due to improper use of the Goods previously ordered on the website https://lior-boutique.com and purchased from the Seller.
7.2. The seller is not responsible for the improper, untimely fulfillment of Orders and their obligations if the Buyer provides false or false 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 exempted from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and / or the Buyer after conclusion of this contract. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
ADDRESS AND DETAILS
FOP "Triguba Daria Alexandrovna"
Address: Ukraine, Kiev, Victory Avenue 20
Recipient Code: 3286001567
Beneficiary's account in IBAN format: UA803206490000026009052643248
Name of the Bank: FILIA "ROZRAKH. CENTER" AT KB "PRIVATBANK"
Content
1. General concepts and scope
2. List of personal data bases
3. Purpose of processing personal data
4. The procedure for processing personal data: obtaining consent, reporting rights and actions with personal data of the subject of personal data
5. Location of the personal data base
6. Terms of disclosure of information about personal data to third parties
7. Protection of personal data: methods of protection, the responsible person, employees who directly process and / or have access to personal data in connection with the performance of their official duties, the period of storage of personal data
8. Rights of the subject of personal data
9. The procedure for dealing with requests of the subject of personal data
10. State registration of personal data base
1. General concepts and scope
1.1. Definition of terms:
personal data base - a named collection of ordered personal data in electronic form and / or in the form of personal data files;
Responsible person - a certain person who organizes work related to the protection of personal data when they are processed in accordance with the law;
The owner of the personal data base - a natural or legal person who has been granted the right to process this data by law or with the consent of the subject of personal data; approves the purpose of personal data processing in this database;
The state register of personal data bases is a unified state information system for collecting, accumulating and processing information about registered personal data bases;
Publicly accessible sources of personal data - reference books, address books, registers, lists, catalogs, other systematized collections of public information containing personal data posted and published with the consent of the subject of personal data. Social networks and Internet resources in which the subject of personal data leaves their personal data are not considered to be publicly accessible sources of personal data (except when the subject of personal data explicitly states that personal data are placed for the purpose of their free distribution and use);
Consent of the subject of personal data - any documented, voluntary will of an individual to grant permission for the processing of his personal data in accordance with the stated purpose of their processing;
De-identification of personal data - the removal of information that allows you to identify the person;
Personal data processing - any action or a set of actions performed in whole or in part in the information (automated) system and / or in personal data files, related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (distribution, implementation, transfer), impersonation, destruction of information about an individual;
Personal data - information or a set of information about an individual that is identified or can be specifically identified;
The manager of the personal data base is a natural or legal person to whom the owner of the personal data base or the law has the right to process this data. Is not the manager of the personal data base a person who is charged with the owner and / or manager of the personal data base to carry out technical work with the personal data base without access to the content of personal data;
The subject of personal data is a natural person in respect of whom the processing of his personal data is carried out in accordance with the law;
Third party - any person, with the exception of the subject of personal data, the owner or manager of the personal data base and the authorized state body for the protection of personal data, which the owner or manager of the personal data base transmits personal data in accordance with the law;
Specific data categories are personal data on racial or ethnic origin, political, religious or ideological convictions, membership in political parties and trade unions, as well as data related to health or sexuality.
1.2. This Regulation is mandatory for use by the responsible person and the seller’s employees who directly process and / or have access to personal data in connection with the performance of their official duties.
2.1. The seller is the owner of such personal data bases:
- database of personal data of counterparties.
3. Purpose of processing personal data
3.1. The purpose of processing personal data in the system is to ensure the implementation of civil law relations, the provision, receipt and settlement of purchased goods and services in accordance with the Tax Code of Ukraine, the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”.
4. The procedure for processing personal data: obtaining consent, reporting rights and actions with personal data of the subject of personal data
4.1. The consent of the subject of personal data must be the voluntary will of the individual to grant permission for the processing of his personal data in accordance with the stated purpose of their processing.
4.2. The consent of the subject of personal data can be provided in the following forms:
- the document on paper with details, allows you to identify this document and an individual;
- an electronic document that must contain mandatory details to identify this document and an individual. The voluntary will of an individual to grant permission for the processing of his personal data is advisable to certify with the electronic signature of the subject of personal data;
- mark on the electronic page of the document or in an electronic file processed in the information system based on documented software and technical solutions.
4.3. The consent of the subject of personal data is granted when formalizing civil law relations in accordance with the current legislation.
4.4. Notification of the subject of personal data about the inclusion of his personal data in the personal data base, the rights defined by the Law of Ukraine "On the protection of personal data", the purpose of collecting data and the persons to whom his personal data is transferred is carried out at registration of civil law relations in accordance with current legislation.
4.5. The processing of personal data on racial or ethnic origin, political, religious or ideological convictions, membership in political parties and trade unions, as well as data relating to health or sexuality (special data categories) is prohibited.
5. Location of the personal data base
5.1. The personal data bases specified in section 2 of these Regulations are located at the seller’s address.
6. Terms of disclosure of information about personal data to third parties
6.1. The procedure for access to personal data of third parties is determined by the terms of consent of the subject of personal data provided to the owner of personal data to process this data, or in accordance with the requirements of the law.
6.2. Access to personal data is not provided to a third party if the said person refuses to assume obligations to ensure compliance with the requirements of the Law of Ukraine “On Personal Data Protection” or cannot provide them.
6.3. The subject of the relationship related to personal data, submits a request for access (hereinafter - the request) to the personal data of the owner of personal data.
6.4. The request shall include:
- surname, name and patronymic, place of residence (location) and details of the document certifying the individual submitting the request (for the individual - the applicant);
- name, location of the legal entity submitting the request, position, surname, name and patronymic of the person certifying the request; confirmation that the content of the request conforms to the authority of the legal entity (for the legal entity - the applicant);
- surname, name and patronymic, as well as other information that allows you to identify the individual in respect of which the request is made;
- information about the database of personal data in respect of which the request is submitted, information about the owner or manager of this database of personal data;
- a list of personal data requested;
- purpose and / or legal basis for the request.
6.5. The term for studying a request for its satisfaction may not exceed ten working days from the date of its receipt. During this period, the owner of the personal data database brings to the notice of the person submitting the request, the request will be sufficient or the relevant personal data will not be provided, indicating the basis defined in the relevant legal act. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.
6.6. The postponement of access to personal data of third parties is allowed if the necessary data cannot be provided within thirty calendar days from the date the request is received. At the same time, the total time for resolving issues raised in the request may not exceed forty-five calendar days.
6.7. The postponement is communicated to the third party who submitted the request, in writing, explaining the procedure for appealing such a decision.
6.8. The postponement report shall include:
- surname, name and patronymic of the official;
- date of sending the message;
- the reason for the delay;
- the period during which the request is satisfied.
6.9. Denial of access to personal data is allowed if access to them is prohibited by law.
6.10. The refusal message includes:
- surname, name, patronymic of the official who denies access;
- date of sending the message;
- rejection reason.
6.11. The decision to postpone or refuse with access to personal data may be appealed in court.
7.1. The owner of the personal data base is equipped with system and software and hardware and communication tools that prevent loss, theft, unauthorized destruction, distortion, forgery, copying information and meet the requirements of international and national standards.
7.2. The responsible person organizes the work related to the protection of personal data when they are processed in accordance with the law. The responsible person is determined by the order of the owner of the personal data base.
The responsibilities of the responsible person in organizing work related to the protection of personal data during their processing are indicated in the job description.
7.3. The responsible person must:
- know the legislation of Ukraine in the field of personal data protection;
- develop procedures for access to personal data of employees in accordance with their professional or service or employment duties;
- ensure that the employees of the owner of the personal data base comply with the requirements of the Ukrainian legislation in the field of personal data protection and internal documents governing the activities of the owner of the personal data base for processing and protecting personal data in the personal data bases;
- to develop a procedure (procedure) for internal control over compliance with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents governing the activities of the owner of personal data bases for processing and protecting personal data in personal data databases, which, in particular, should contain rules on the frequency of implementation such control;
- inform the owner of the personal data base of facts of violations by employees of the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the owner of the personal data base for processing and protecting personal data in personal data databases no later than one working day after such violations have been detected ;
- to ensure the storage of documents confirming the provision by the subject of personal data of consent to the processing of his personal data and the message of the specified subject about his rights.
7.4. In order to fulfill their duties, the responsible person has the right to:
- receive the necessary documents, including orders and other administrative documents issued by the Owner of the personal data base, related to the processing of personal data;
- make copies of received documents, including copies of files, of any records stored in local computer networks and autonomous computer systems;
- participate in the discussion of the duties of the organization of work related to the protection of personal data during their processing;
- to submit proposals for the improvement of activities and improvement of working methods, to submit comments and options for eliminating the identified deficiencies in the process of processing personal data;
- receive explanations on the implementation of the processing of personal data;
- sign and endorse documents within its competence.
7.5. Employees who directly process and / or have access to personal data in connection with the fulfillment of their official (labor) duties must comply with the requirements of Ukrainian legislation in the field of personal data protection and internal documents, and personal data processing and protection in personal data bases.
7.6. Employees who have access to personal data, including processing it, are obliged not to allow disclosure to any method of personal data that they have been entrusted to or who have become known in connection with the performance of professional or official or labor duties "connections. This obligation is valid after the termination of their activities related to personal data, except as required by law.
7.7. The entities that have access to personal data, including processing it if they violate the requirements of the Law of Ukraine "On the protection of personal data" are liable under the laws of Ukraine.
7.8. Personal data should not be stored longer than is necessary for the purpose for which such data is stored, but in any case no more than the storage period of the data, the specific consent of the subject of personal data to the processing of this data.
8.1. The subject of personal data has the right to:
- be aware of the whereabouts of the personal data base containing its personal data, its purpose and name, location and / or place of residence (stay) of the owner or manager of this database or give the appropriate order to receive this information to persons authorized by it, except as required by law;
- receive information about the conditions for granting access to personal data, including information about third parties to whom his personal data is transmitted, contained in the relevant personal data database;
- access to their personal data contained in the relevant database of personal data;
- receive, no later than thirty calendar days from the date of receipt of the request, except as required by law, an answer stating that his personal data is stored in the relevant personal data database, as well as receiving the contents of his personal data that is stored;
- to submit a reasoned demand with objection to the processing of their personal data by state authorities, local authorities in the exercise of the powers provided by law;
- to present a reasoned request to change or destroy their personal data by any owner and manager of this database, if this data is processed illegally or is unreliable;
- to protect their personal data from unlawful processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or untimely granting, as well as protection from providing information that is inaccurate or discrediting the honor, dignity and business reputation of an individual;
- to apply for the protection of their personal data rights to the state authorities, local governments, the powers of which include the implementation of personal data protection;
- apply legal remedies in case of violation of personal data protection legislation.
9. The procedure for dealing with requests of the subject of personal data
9.1. The subject of personal data is entitled to receive any information about himself from any subject of the relationship related to personal data, without specifying the purpose of the request, except as required by law.
9.2. Access by the subject of personal data to personal data is free of charge.
9.3. The personal data subject submits a request for access (hereinafter - the request) to the personal data to the owner of the personal data base.
The request shall include:
- surname, name and patronymic, place of residence (location) and details of the document certifying the identity of the subject of personal data;
- other information to identify the identity of the subject of personal data;
- information about the database of personal data in respect of which the request is being submitted, information about the owner or manager of this database;
- a list of personal data requested.
9.4. The term for studying a request for its satisfaction may not exceed ten working days from the date of its receipt. During this period, the owner of the personal data database brings the subject of personal data to the notice, the request will be sufficient or the relevant personal data will not be provided, indicating the basis defined in the relevant legal act.
9.5. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.
10. State registration of personal data base
10.1. State registration of personal data bases is carried out in accordance with Article 9 of the Law of Ukraine “On Personal Data Protection”.