Public offer agreement

Read the text of this Public Offering Agreement, hereinafter referred to as the “Agreement”, and if you do not agree with any of its clauses or do not understand any clause of the Contract, we suggest you clarify the information you are interested in by phone +38 (067) 188 35 66 or by writing a letter to the e-mail address: mayamiua@gmail.com or refuse to purchase the goods

In case of acceptance of the terms of the Agreement, you agree with all its terms and confirm that you understand all its provisions.

This agreement has the character of a public offer, is equivalent to an "oral agreement" and has the appropriate legal force in accordance with the current legislation of Ukraine.

Definition of terms:

Website - a website hosted on the Internet at: https://maya-mi.ua, including all its web pages.

Goods - goods, images and / or descriptions of which are posted on the Site.

Public offer - a public offer of the Seller addressed to an indefinite number of persons concerning the conclusion of a contract of sale of Goods on the terms specified by the Seller.

User / Buyer - a person who views the information on the Site and / or orders, and / or receives and / or reserves the Goods using the technical tools of the Site.

Recipient - the Buyer, or a person who, on behalf of the Buyer, actually receives the Goods delivered by the Seller or the Carrier Company.

Order - a properly executed and placed on the help of the Site request of the User to purchase the selected Goods.

Acceptance - the User's actions aimed at accepting the terms of this Public Offer.

Registration - filling in the appropriate form on the Site by the User with the indication of the data necessary for identification.

Significant defect of the Goods - a defect that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, arose through the fault of the manufacturer (seller, performer), after its elimination manifests itself again for reasons beyond the consumer and endowed with at least one of the following features:

a) it cannot be eliminated at all;

b) its elimination requires more than fourteen calendar days;

c) he makes the goods significantly different than provided by the contract.

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 Users / Buyers regardless of status (individual, legal entity, individual entrepreneur).

1.2. In case of acceptance of the terms of this Agreement, ie the Public Offer of the Seller, the User becomes the Buyer.

2. The subject of the contract

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 Agreement applies to all types of Goods and services presented on the Site.

3. Registration on the Site

3.1. Registration on the Site is carried out at: https://maya-mi.ua/index.php?route=account/register

3.2. Registration on the Site is not required for ordering.

3.3. The User's / Buyer's communication with the Seller's representatives should be based on the principles of generally accepted morality and communication etiquette. It is strictly forbidden to use obscene words, swear words, abusive expressions, as well as threats and blackmail, regardless of in what form and to whom they were addressed.

4. The order of registration of the Order

4.1. The presented photo-samples contain one or more types of the Goods of a certain article and textual information about the article, available sizes, price per unit of the Goods and more.

4.2. The information posted on the website https://maya-mi.ua/ua is for informational purposes only.

4.3. The User / Buyer must place an Order for any Goods that are available for ordering on the Site.

4.4. In the absence of the ordered Goods, the Seller has the right to exclude the specified Goods from the Order / cancel the Order of the User / Buyer by notifying the User / Buyer by means of communication left by the User / Buyer when registering on the Site / left when placing an Order on the Site or otherwise.

4.5. The User / Buyer has the right to cancel the Order by calling (067) 188 00 18.

4.6. In case of cancellation of all or partially prepaid Order, the value of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.

4.7. After placing an Order on the Site, the User / Buyer is provided with information about the expected delivery date by means of communication left by the User / Buyer when registering on the Site / left when placing an Order on the Site or otherwise. The manager who serves such Order specifies the details of the Order, agrees on the method and date of delivery, which depends on the availability of the Ordered Goods and the time required for processing and delivery of the Order.

4.8. The expected delivery date for the transfer of the Order is notified to the Buyer by the manager servicing the Order by e-mail 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 Site. The price of the Order is determined by adding the price of all Goods included in the Order and the delivery price, which is equal to the amount payable, which is indicated on the Site when placing the Order at the time of its placement.

5.2. The Contract Price is equal to the Order Price. The amount of the Order may vary depending on the price, quantity or nomenclature of the Goods.

5.3. The Order of the Goods means the formation of the Order and (or) its payment in cash or non-cash, whichever occurs first, subject to the Acceptance of this Agreement.

5.4. The Buyer pays for the Goods according to the Order.

5.5. Payment for the Goods by cashless payment is made:

5.5.1. By transferring non-cash funds to the current account of the Seller (subject to the Order number);

5.5.2. By using electronic means of payment.

5.6. Payment for the Goods is made exclusively in UAH.

5.7. The order is considered paid from the moment of receipt of payment to the current account of the Seller or his representative. The fact of payment of the Order indicates the consent of the User / Buyer with the terms of this Agreement.

5.8. The Price of the Goods indicated on the Site may be changed by the Seller unilaterally. In this case, the price of the Goods ordered by the User / Buyer is not subject to change.

5.9. Until the moment of crediting the Buyer's funds to the current account of the Seller, the Goods are not reserved. The Seller cannot guarantee the availability of the Seller's Goods in the quantity specified at the time of placing the Order, as a result of which the processing time of the Order may increase.

6. Delivery of the Goods

6.1. Delivery and return of the Order is executed by forces of the Seller or delivery services in the territory of Ukraine (further - "Carrier companies") at the expense of the Buyer

6.2. The total delivery time of the Goods consists of the processing time of the Order and the delivery time. Order processing time - from one working day to three. Delivery methods are agreed with the Seller's manager.

6.3. Together with the Order, the Recipient is provided with the documents provided by the current legislation.

6.4. Upon receipt of the Goods, the Recipient is obliged to check the Goods for quantity, quality, range and completeness.

6.5. In case of delivery of the Order by the Carrier Company by Acceptance of this Public Offer, the User / Buyer fully and unconditionally agrees with the Rules of Carriage of Goods of the Carrier Companies. The terms of such Rules are available on the websites of the respective Carrier Companies.

6.6. The risk of accidental death and / or accidental damage to the Goods passes to the Recipient from the moment the Order is handed over to him and the Recipient signs the documents confirming the delivery of the Order.

7. Return of Goods

7.1. Return of Goods of proper quality.

7.1.1. Return of Goods of proper quality is carried out in accordance with the Law of Ukraine "On Consumer Protection" № 1023-XII of 12.05.1991 (as amended).

7.1.2. The Buyer has the right to refuse the delivered Goods of proper quality within 14 (fourteen) days from the date of receipt of the Goods only if the goods, consumer properties of the Goods, factory packaging, labels and payment document (electronic document, receipt, goods or cash receipt) are preserved. a ticket, coupon or other document confirming the receipt of funds, indicating the date of payment).

7.1.3. Return of the Goods of proper quality, delivery of which was carried out by the Carrier Companies, is carried out at the expense of the Buyer.

7.2. Return of Goods of improper quality.

7.2.1. In case of return of the Goods, which has a significant defect in accordance with the Law of Ukraine "On Consumer Protection" № 1023-XII of 12.05.1991 (as amended), which was delivered by the Carrier Companies, the Seller returns the money upon return of the Goods . The costs associated with the delivery of such Goods to the Buyer by the Carrier Company shall be borne by the Seller.

8. Rights and obligations of the Seller

8.1. The seller has the right to:

8.1.1. Unilaterally terminate the sale of Goods and the provision of delivery services (refuse to place an Order / sale and delivery of Goods) in case of violation by the User / Buyer of the terms of the Public Offer;

8.1.2. At its discretion, unilaterally change the price of the Goods. In any case, the price of the Goods of the Order confirmed by the Seller remains unchanged;

8.1.3. In case of absence of the Goods ordered by the Buyer, the Seller has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, having informed the Buyer by sending the corresponding e-mail to the e-mail address specified by the Buyer at registration or registration of the Order. telephone);

8.1.4. At its discretion, unilaterally make changes to the terms of the Public Offer, by posting (publishing) in a new version on the Site. Changes come into force from the moment of their posting (publication), if other term of entry into force of changes is not defined in addition at their publication;

8.1.5. Post on the Site information about advertising activities and marketing activities that are or will be conducted by the Seller and / or third parties-partners of the Seller. Also, in accordance with the terms of this Public Offer and Privacy Policy, send e-mails to the e-mail address of Users or by phone to messengers with information about news, promotions, marketing activities, other commercial offers of the Seller;

8.1.6. Organize the delivery of Orders, involving third parties in the provision of delivery services.

8.2. The seller undertakes:

8.2.1. After confirming the Order, execute the duly executed and confirmed Orders;

8.2.2. Deliver the Goods in accordance with the Order and the terms of the Public Offer;

8.2.3. Check the quantitative and qualitative characteristics of the Goods during its packaging and preparation for delivery;

8.2.4. Do not disclose information about personal data of Users and Buyers, passwords and other access data in any way;

8.2.5. To provide each User with the opportunity to refuse to receive advertising materials and other commercial offers of the Seller, which are sent to the latter to the e-mail address specified during registration on the Site.

9. Rights and obligations of the User / Buyer

9.1. The User / Buyer has the right to:

9.1.1. Select Goods, place and send Orders on the relevant pages of the Site;

9.1.2. Require the Seller to fulfill the conditions and obligations provided for in this Public Offer;

9.1.3. Refuse to receive advertising materials and other commercial offers of the Seller, which are sent to the last e-mail address of the User.

9.2. The User / Buyer undertakes:

9.2.1. By the time of Acceptance of this Public Offer, read all its terms and conditions;

9.2.2. Get acquainted with the information about the Goods (its description), which is posted on the Site, before the registration and sending of the Order;

9.2.3. Properly pay for and receive the Order executed in accordance with the terms of this Public Offer;

9.2.4. When registering and / or placing an Order, provide the Seller with the complete information necessary for the delivery of the Order. The User / Buyer is fully responsible for providing false information that has made it impossible for the Seller to properly fulfill its obligations to the User / Buyer;

9.2.5. Upon receipt of the Order, make sure of the integrity and completeness of the Goods by reviewing the contents of the Order. In case of damage or incompleteness of the Goods - to record all the differences in the Act, which together with the User / Buyer must be signed by the person who delivered the Order;

9.2.6. To get acquainted with the Rules of transportation of cargoes of the Carrier companies before the moment of registration of the Order.

10. Term of the Agreement

10.1. This Agreement shall enter into force on the date of placing the Order or registration of the User / Buyer on the Site and shall remain in force until all conditions of the Agreement are met.

10. Responsibility of the parties. Dispute resolution procedure

10.1. The Parties to the Agreement shall be liable for non-performance or improper performance of the Agreement in accordance with the legislation of Ukraine and this Agreement.

10.2. Seller is not responsible for the quality of public communication channels and possible interruptions in the data network (including, but not limited to, the global Internet) through which access to the Site.

10.3. The Seller is not responsible for: minor discrepancy in the color scheme of the Goods, which may differ from the original only in the different color rendering of personal computer monitors of individual models; the content and truthfulness of the information provided by the User / Buyer when placing an order; delays and interruptions in the processing of orders and delivery of the Goods, which occur for reasons beyond its control; for illegal illegal actions committed by the User / Buyer with the help of the given access to the Internet; for the transfer by the User / Buyer of their network identifiers - IP, MAC address, login and password to third parties.

10.4. The User / Buyer, using the access to the Internet provided to him, is independently liable for damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.

10.5. Any complaint or claim of the User / Buyer must be made in writing. The Seller will take all necessary measures to satisfy the complaint / claim of the User / Buyer, if such complaint / claim is substantiated and executed in accordance with the current legislation of Ukraine.

10.6. All disputes arising between the Parties in the course of implementation of this Agreement and related to it shall be resolved through negotiations.

10.7. In case of impossibility to resolve disputes or disagreements arising in connection with this Agreement through negotiations, all disputes, disagreements, etc., including those concerning its interpretation, implementation, violation, termination or invalidity, shall be resolved in the relevant court in accordance with substantive and procedural law of Ukraine, subject to the conditions of jurisdiction and jurisdiction.

10.8. In matters not regulated by this Agreement, the Parties shall be governed by the current legislation of Ukraine.

11. Force majeure

11.1. A party shall be released from liability under this Agreement and (or) the legislation in force in Ukraine for full or partial breach of the Agreement if it proves that such breach occurred due to force majeure, provided that their occurrence was certified in the manner prescribed by law.

11.2. Force majeure in this Agreement means the action of force majeure arising independently of the will and desire of the Parties, the occurrence of which the Parties could not foresee and which could not be prevented, and which include, but are not limited to, fires, floods, earthquakes, landslides, other natural disasters and seasonal natural phenomena, in particular, closures of roads, straits, passes, ports, as well as war, hostilities, blockades, strikes, embargoes and other phenomena and actions that make it impossible or significantly impede the implementation of this Agreement by the Parties .

11.3. The Party intending to invoke force majeure shall immediately notify the other Party of the existence of force majeure and their impact on the implementation of this Agreement.

11.4. If force majeure circumstances and (or) their consequences temporarily impede the performance of this Agreement, the performance of this Agreement shall be suspended for a period during which it is impossible.

11.5. Confirmation of the existence of force majeure is a certificate issued by the Chamber of Commerce and Industry of Ukraine or another duly authorized state body located at the place of occurrence of force majeure.

11.6. Upon termination of force majeure, the Party affected by such circumstances shall immediately notify the other Party in writing. Such notice shall specify the period during which the obligations under the Agreement are expected to be fulfilled.

12. Reservations on the collection and processing of personal data

12.1. Upon acceptance of the Agreement, the User / Buyer agrees to the collection and processing of personal data in accordance with the Law of Ukraine of June 1, 2010 № 2297-VI "On Personal Data Protection".

12.2. Any information received from the User / Buyer will never and under no circumstances be provided to third parties, except as provided by current legislation of Ukraine.

12.3. The information provided by the User / Buyer is used by the Seller: for registration of the User / Buyer on the Site and / or ordering; when processing the Order; to fulfill its obligations to the User / Buyer; to evaluate and analyze the work of the Site; to determine the winner in the shares held by the Seller; to provide the User / Buyer with commercial offers by the Seller.

12.4. 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 this Agreement, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, as well as the fact that his personal data is transferred to the Seller fulfillment of the terms of this Agreement, the possibility of mutual settlements, as well as to obtain invoices, acts and other documents.

The User / Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the User / Buyer, without changing the purpose of personal data processing. The scope of rights of the User / Buyer as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood.

12.5. Personal information can be changed, updated or deleted at any time in the "Personal account" section.

12.6. In order to provide the User / Buyer with information about the products posted on the site, the Seller may send informational messages to the e-mail address specified during registration.

13. Other conditions

13.1. The provisions of the current legislation of Ukraine shall apply to the relations between the User / Buyer and the Seller.

13.2. The User / Buyer hereby confirms and agrees that he does not acquire any right, title or interest in any name, logo or mark for goods and services (trademark) or other intellectual property rights of the Seller (Seller's counterparty) and / or affiliates. , does not use them, does not put into economic circulation, except for the purposes of this Agreement. The above obligations remain in force even after the termination of the Agreement.

13.3. The photos of the Goods contained on the pages of the Site may differ from the actual appearance of the Goods. Descriptions / characteristics accompanying the Goods do not claim to be comprehensive information and may contain typographical errors. To clarify the information about the Goods, the User / Buyer must call 067 188 00 18.

13.4. The Seller may audio record conversations using appropriate telecommunication equipment provided that Users / Buyers are notified of the fact of audio recording by verbal warning. Such a record may be made by the Seller to exercise the latter's rights and legitimate interests, as well as to improve the quality of services and so on. The Seller is guided by the statement that the User / Buyer, who does not agree with the audio recording of the conversation, may not continue to communicate with the Hotline operator after receiving the notification of the audio recording.

13.5. The seller reserves the right to expand and reduce the product offer presented on the Site.

13.6. The Site and the services provided may be temporarily, partially or completely unavailable due to preventive or other work, or for any other technical reasons. The Technical Service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to Users / Buyers.

13.7. If any provision (condition) contained in this Agreement or in any other document related to it becomes invalid, illegal - the effect and implementation of the remaining provisions of this document will not be violated in any way or weakened, and such provision (condition) will be considered excluded from the Agreement.

13.8. Headings included in this Agreement are used for convenience only and should not be construed or construed as meaningful in interpreting the meaning of any provision of this Agreement.