PUBLIC CONTRACT ( OFFER )
for the order, purchase, sale and delivery of goods .
This Agreement is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website www.jumpet.com.ua . This Agreement is public, that is, in accordance with 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 concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unscrupulous order and all other terms of the Agreement. The Agreement is considered concluded from the moment of clicking the “Confirm Order” button on the order page in the “Cart” Section and the Buyer receives an order confirmation from the Seller in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller, addressed to an unspecified group of persons, to conclude a contract of purchase and sale of goods with the Seller remotely (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.
1.2. Acceptance – full acceptance and fulfillment of the terms of the Agreement, which is implemented by the means specified in the Agreement.
1.3. Goods or Services – the object of the agreement between the parties, which was selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.4. The Seller’s online store (website) is a means created in accordance with the Law of Ukraine “On Electronic Commerce” for the sale of goods by means of an electronic transaction, located at the following address on the Internet: www.jumpet.com.ua .
1.5. Buyer – a capable individual who receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.6. Seller – FOP Turchyn V. Ya., RNOKPP 2651613333, location: 65012, Odessa, Italiyska st., building 69, apt. 29.
1.7. Manufacturer – an individual entrepreneur and/or legal entity that is the manufacturer of the Goods, which are subsequently sold in the Online Store in accordance with the agreement between such person and the Seller or Operator.
1.8. Order – the Buyer’s actions regarding the selection, purchase and delivery of the selected Goods through the Online Store service and/or a formed order for the purchase of Goods.
1.9. Cart – an Online Store service that allows the Buyer to view the selected Product and make a decision on its purchase, as well as proceed to place an Order.
1.10. Personal data – information provided by the Buyer to order the Goods.
1.11. Sale of goods remotely – conclusion of an electronic contract based on the Buyer’s familiarization with the description of the Goods and the public contract (offer) posted on the website of the Online Store.
2. Subject of the Agreement
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 Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of filling out the order form located on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form.
2.3. The Buyer has the right to place an order for any Product presented on the website of the Online Store that is in stock.
2.4. The Manufacturer of the Goods bears full responsibility for the quality of the Goods.
3. PROCEDURE FOR CONCLUSION OF THE CONTRACT
3.1 . The Public Contract has legal force, in accordance with Articles 633, 634, 641, 642 of the Civil Code of Ukraine, and is equivalent to a contract signed and certified by seals by the Parties. The Buyer has no right to offer the Seller its terms for concluding the Contract.
3.2. The Agreement is concluded by providing full and unconditional consent (Acceptance) by the Buyer without signing a written copy of the Agreement by the Parties. If the Buyer does not agree with the terms of the Agreement, the Order for the Goods cannot be made.
3.3. By concluding this Agreement, the Buyer automatically confirms the fact of familiarization and agrees to full and unconditional acceptance of its terms and conditions.
3.4. According to Article 642 of the Civil Code of Ukraine, the fact of placing and confirming the order is the full and unconditional acceptance of the terms of this offer, which confirms the conclusion of the Contract for the Purchase and Sale of Goods on the terms proposed below.
3.5. By concluding the Agreement (i.e. accepting the terms of this Offer, by placing an Order), the Buyer confirms that he is fully and completely familiar with and agrees with the terms of this offer.
4. Ordering
4.1. The Buyer independently places an order in the Online Store via the “Cart” form, or by placing an order by e-mail or by calling the phone number specified in the Contacts section (Online Store).
4.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicions about its validity.
4.3. When placing an order on the Online Store website, the Buyer must take the following steps necessary for the Seller to fulfill the order:
4.3.1. adds the Product through the service of the Online Store website to the “Cart” section;
4.3.2. selects the quantity of the Goods in the “Cart”;
4.3.3. on the Order processing page, indicate your personal data: name, surname, e-mail and contact phone number;
4.3.4. chooses the method of payment for the Goods;
4.3.5. chooses the method of delivery of the Goods;
4.3.6. if necessary, adds a comment for the delivery of the Goods;
4.3.7. confirms the Order. By confirming the Order, the Buyer confirms his agreement with the terms of this offer.
4.4. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. In the event that the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
4.5. When placing an order through the Seller’s operator (clause 4.1 of this Offer), the Buyer undertakes to provide the information specified in clause 4.3 of this Offer.
4.6. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data into the Order form on the Online Store website or when placing an Order through an operator. After placing an Order through an operator, the Buyer’s data is entered into the Seller’s database.
4.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
4.8. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this offer;
b) he gives permission to collect, process and transfer personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of making mutual settlements, as well as to receive 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 notice to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him.
4.9. Photos of the Goods presented on the site may differ slightly from the actual appearance of the Goods. Descriptions and/or characteristics accompanying the Goods are provided for informational purposes only. The Buyer can obtain complete information about the Goods by contacting the Online Store by any available means. The Seller may at any time, without prior notice, make changes to the descriptions, characteristics or photographs of the Goods. To clarify information about the Goods, the Buyer can contact the Online Store by any available means.
5. Price, Payment and Delivery of the Goods
5.1. 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 indicated on the website in hryvnias, including all taxes.
5.2. Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of a single unit of Goods, the cost of which has been paid in full by the Buyer, may not be changed unilaterally by the Seller.
5.3. 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 Buyer pays the cost of delivering the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
5.4. In the event of payment for the Goods using the “LiqPay” payment system or the Internet banking system, such payment is made on the terms and conditions provided for by the payment system chosen by the Buyer.
5.5 . All commission payments incurred by the Buyer when paying for the Goods by non-cash prepayment are paid by the Buyer.
5.6. The online store, by sending a message (sms, e-mail, messenger, etc.) or by phone call, notifies the Buyer about the successful placement of the order by the Buyer, the number of the consignment note, etc.
5.7. The fact of confirmation of the transfer of the Goods is considered to be the receipt of the Goods by the Buyer and the signing of the invoice/TTN or other document confirming the transfer of the Goods.
5.8. 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.
5.9. The Seller may indicate the approximate cost of delivering the Goods to the Buyer’s address when the Buyer makes a request to the Seller by sending an email or when placing an order through the online store operator.
5.10. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds into his account.
5.11. Payments between the Seller and the Buyer for the Goods are made by the methods specified on the website of the Online Store in the “Payment and Delivery” section.
5.12. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
5.13. The Buyer or his representative, upon acceptance of the Goods, confirms by his signature on the goods receipt/or in the order/or in the shipping bill for the delivery of the Goods that he has no complaints about the quantity of the Goods, the appearance and completeness of the Goods.
5.14. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
6. Rights and obligations of the Parties
6.1. The Seller is obliged to:
6.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order;
6.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer’s Order.
6.2. The Seller has the right:
6.2.1. Change the terms of this Agreement, as well as the prices for Goods and Services, unilaterally by posting them on the website of the Online Store. All changes shall come into force from the moment of their publication.
6.3. The Buyer undertakes:
6.3.1. Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store;
6.3.2. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
7. Returns and Product Warranties
7.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if it was not used and if its presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
7.2 . The Seller shall return the Money paid for the Goods provided that the Buyer provides the Goods in an undamaged condition, which has not been used, has undamaged packaging and labels, and a completed and signed Application for the Return of the Goods by the Buyer. The Buyer must first contact the site operator for advice on the steps to take to return the Goods and Money.
7.3. The Seller shall refund the Buyer the money for the Goods within 5 business days from the moment the Goods are received by the representative of the Online Store. If the Goods were paid for in cash, the money shall be refunded to the Buyer’s bank account from which the payment was made.
7.4. The Seller determines the following procedure for returning the Goods:
7.4.1. The Buyer notifies the return of the Goods by calling the Site Operator, in a messenger or by email to: jumpet.dog@gmail.com ;
7.4.2. The Buyer fills out the Application for Return of Goods, indicates the reason for the return and data in all fields, including full name, IBAN, bank card number and TIN, and signs;
7.4.3. The Buyer packs the Goods in the original packaging in full (goods delivered in a set must also be returned) and sends the documents and the Goods to the address specified by the Online Store Operator.
7.5 . The funds are returned to the Buyer under the conditions set out above, but only if the Seller receives the Goods.
7.6. In the event of a return of Goods of proper quality, all costs associated with the delivery of Goods and the refund shall be borne by the Buyer.
7.7. Exchange and/or return of Goods of inadequate quality is carried out:
7.7.1. if it is falsified, as confirmed by an examination;
7.7.2. if there are significant defects that make it impossible to use the Goods;
7.7.3. if at the time of purchase and within 14 days after purchase, the Buyer discovers that the Product is beyond its intended use.
7.8 . In the event of a return or exchange of Goods of inadequate quality, all costs associated with the delivery of Goods and the refund of funds shall be borne by the Seller in accordance with the Law of Ukraine “On Protection of Consumer Rights”.
7.9 The Manufacturer guarantees the quality of its own Goods provided that the Buyer complies with the conditions of use, purpose and technical characteristics of the Goods.
7.10. The Seller and/or Manufacturer does not guarantee the quality of the Goods if:
7.10.1. The Buyer uses the Goods for purposes other than their intended purpose;
7.10.2. The Buyer does not comply with the instructions and conditions of use of the Goods;
7.10.3. The Buyer does not comply with the storage conditions of the Goods;
7.10.4. The Buyer mixes the Goods with other similar goods;
7.10.5 The shelf life and use of the Goods has expired.
7.11. The Seller and/or the Manufacturer shall not provide a warranty return of the Goods if the Buyer has violated the terms of clause 7.1.
7.12. Delivery of the Goods is carried out by the Seller with the involvement of a carrier or postal service.
7.13. In the event of delivery of the Goods by a carrier or postal service, the Seller is not responsible for damage to or loss of the Goods during delivery. From the moment the Goods are transferred to the carrier or postal service, all risks of damage to and loss of the Goods shall be borne by the carrier or postal service. Upon receipt of the Goods, the Buyer is obliged to inspect it in the presence of a representative of the carrier or postal service and, if damage is detected, draw up an Act indicating all defects. The terms of delivery services provided by the carrier or postal service can be found by using the internal link to the official website of such carrier or postal service.
7.14. In the event of payment for the Goods using payment systems or remote service systems, the Seller is not responsible and does not guarantee the accuracy of the non-cash prepayment, terms and cost. In this case, the guarantor of the non-cash payment is the payment systems or remote service systems. Responsibility for the accuracy of the transfer, the amount and term of such a transfer lies with the service or system used by the Buyer. The terms of payment for the Goods using payment systems and remote service systems can be found on the official website of such system.
8. Responsibility
8.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.
8.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
8.3. 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.
9. Force majeure circumstances
9.1. The Parties are exempt from liability for failure to fulfill or improper fulfillment of the terms of this Agreement in the event of force majeure circumstances for the duration of such circumstances.
9.2. The Parties understand force majeure circumstances as: fire, natural disasters (flood, landslide, etc.), wars, military operations of any nature, blockades, export or import bans, strikes, epidemics, decisions and actions of government bodies, government intervention and other circumstances beyond the control of the Parties that prevent the performance of this Agreement.
9.3. The fact of the occurrence and termination of all force majeure circumstances is certified by appropriate documents, which, in accordance with the current legislation of Ukraine, are confirmation of such circumstances. The Party for which force majeure circumstances have occurred must immediately inform the other Party about this. From the moment of receipt of such notification by the other Party, the time for the performance of obligations under this Agreement is postponed for the duration of the relevant circumstances.
9.4. A Party that invokes force majeure circumstances as the reason for non-performance or improper performance of its obligations shall be exempt from liability only if these force majeure circumstances arose after the conclusion of this Agreement, their occurrence was caused by events beyond the control of this Party, and this Party took all necessary measures to avoid the negative consequences of such circumstances.
9.5. If force majeure circumstances last more than 30 (thirty) calendar days in a row, each Party has the right to refuse further performance of its obligations under this Agreement and, in such case, neither Party shall have the right to compensation from the other Party for possible losses.
10. Confidentiality and protection of personal data.
10.1. By providing their personal data on the website of the Online Store when placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the validity period of such consent.
10.2. The Seller undertakes not to disclose 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 established by the requirements of the current legislation of Ukraine.
10.3. The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the outdated or inaccurate information about the Buyer.
11. Other conditions
11.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
11.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the courts for resolution of the dispute in accordance with the current legislation of Ukraine.
11.3. The Seller has the right to make amendments to this Agreement unilaterally, as provided for in clause 6.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
SELLER’S ADDRESS AND DETAILS:
FOP “Turcyn V. Ya.”
65012, Odessa, Italiyska St., building 69, apt. 29
IBAN UA363220010000026006350045662 in UNIVERSAL BANK JSC
MFO 322001
EDRPOU 2651613333