Public offer agreement

Under this Agreement, one party the Seller on the one hand, and any person who has accepted the terms and conditions of this Public Offer Agreement - the Buyer, on the other hand hereinafter collectively referred to as the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited circle of persons, which is an official public offer of the Seller to conclude a contract of purchase and sale of Goods with Buyers, pictures of which are placed in the relevant section of the Website  https://come-for.com/.

When purchasing the Goods, the images of which are placed on the corresponding pages of https://come-for.com/, the Buyers accept the terms and conditions of the Agreement as follows

 

1. GENERAL PROVISIONS

1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the page of the Website https://come-for.com/ in the corresponding section of the button «Buy» means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation , took to fulfill the terms of the Public Offer Agreement, which are listed below.

1.2. The Public Offer Agreement is public, that is, in accordance with the Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with the present Agreement the Buyer accepts conditions and procedure of order execution, payment and delivery of goods by the Seller, responsibility for unfair Order and for failure to fulfill conditions of the present Agreement.

1.3. The Agreement shall come into force upon clicking on the button «Place an order», by which the Buyer agrees to purchase the Goods available from the Seller and shall remain in force until the Buyer receives the Goods from the Seller and pays for them in full.

1.4. To regulate contractual legal relations under the Agreement, the Parties shall choose and, if it is necessary, apply the Ukrainian legislation. If an international agreement, consent to be bound by the Verkhovna Rada of Ukraine, establishes rules different from those established by the Ukrainian legislation, the rules of the international agreement shall apply.

 

2. TERMS AND DEFINITIONS

«Public Offer Agreement» - is a public agreement, a sample of which is posted on the Website https://come-for.com/ and the application of which is mandatory for all Sellers, containing the Sellers, offer to purchase the Goods, the image of which is posted on the Website https://come-for.com/, directed to an indefinite circle of persons, including Buyers.

«Acceptance» - is acceptance by the Buyer of the Seller's offer to purchase the Goods, the image of which is posted on the Website https://come-for.com/, by adding it to the virtual basket and sending the Order.

«Goods» - a trade item (product, model, accessory, components and related items, any other trade items), the purchase of which is posted on the Website https://come-for.com/ by the Seller.

«Buyer» - is any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who have visited the Website https://come-for.com/ and have the intention to purchase this or that Good.

«Seller» - is any capable individual, legal entity, individual entrepreneur, according to the current international and Ukrainian legislation, who are owners or distributors of the Goods and by means of the Website https://come-for.com/ have the intention to sell it.

«Order» - means a duly completed and posted application by the Buyer on the Website https://come-for.com/ for the purchase of Goods addressed to the Seller.

«Legislation» - is norms established by the Ukrainian or international legislation for regulation of contractual legal relations under the Agreement.

«Essential defect in the Goods» - is a defect that makes it impossible or impermissible to use the Product in accordance with its intended purpose, has arisen through the fault of the manufacturer (Seller), after its elimination it appears again for reasons independent of the consumer.

 

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the corresponding page of the Website https://come-for.com/, and the Buyer undertakes to buy the Goods and pay for them on the conditions and in the order determined by the present Agreement.

3.2. Продавец гарантирует, что Товар не передан в залог, не является предметом спора, не находится под арестом, а также на него отсутствуют какие-либо права третьих лиц.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or fraudulent transaction or a transaction influenced by pressure or fraud.

3.4. The Seller confirms that it has all necessary permits to carry out economic activities that regulate the sphere of legal relations arising and acting in the process of execution of the present Agreement, and also guarantees that it has the right to manufacture and/or sale of goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyers rights in the process of execution of the present Agreement and sale of the Goods.

 

4. SELLERS RIGHTS AND OBLIGATIONS

4.1. The Seller is obliged to:

implement the terms of the Agreement

execute the Buyers orders if payment is received from the Buyer;

transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the Website https://come-for.com/, the placed order and the terms of the Agreement;

check the qualitative and quantitative features of the Goods during their packaging at the warehouse;

notify the Buyer about possible additional commission when paying for European orders by cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in the Agreement.

4.2. The Seller is entitled to:

unilaterally suspend the provision of services under the Agreement in case of the Buyers breach of the terms and conditions of the Agreement.

4.3. Buyer:

ООО «COMMISSION FAVORITE»

62370, smt. Solonitsevka, st. Belgorodskaya, 5.
USREOU: 33337750
Bank details:
t/a 26004601306015 в AT "OTP BANK",
MFO 300528

 

5. BUYERS RIGHTS AND OBLIGATIONS

5.1. The Buyer is obliged to:

pay for and receive your order in time on the terms of the Agreement;

learn the information about the Product available on the Website https://come-for.com/;

when receiving the Product from the person who delivered it, to ensure the integrity and completeness of the Product by inspecting the contents of the package. In case the Goods are damaged or incomplete - to fix them in the act which together with the Buyer shall be signed by the person who delivered them to the Buyer.

5.2. The Buyer is entitled to:

place an order on the appropriate page of the Website https://come-for.com/;

require the Seller to comply with the terms of the Agreement;

be informed about possible additional commission when paying for European orders by cards like Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.

 

6. ORDER PROCESS

6.1. The Buyer makes the order himself on the corresponding page of the Website https://come-for.com/ by adding the Goods to the virtual basket by clicking on the button «To Cart!», or by placing the order by e-mail or by calling the phone number indicated in the contact section of the Website https://come-for.com/.

6.2. The term of formation of the Order is up to 2 working days from the moment of its execution. In case the order is sent on a weekend or a public holiday, the formation period starts from the first working day after the weekend.

 

7. AGREEMENT PRICE AND PAYMENT PROCEDURE

7.1. The price of each individual Goods shall be determined by the Seller and indicated on the corresponding page of the Website https://come-for.com/. The price of the Agreement shall be determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price which shall be determined depending on the delivery method in accordance with the terms and conditions of section 8 of the Agreement.

7.2. The cost of the Order may vary depending on the price, quantity or nomenclature of the goods.

7.3. The Buyer can pay for the order in the following ways:

1) by bank transfer to the Sellers current account specified in the invoice, including by means of Internet banking (the Buyer pays the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).

2) cash on delivery upon receipt of the Order at the representative office of the delivery service in Ukraine or on the territory of another country in accordance with the place of order of the goods.

3) By credit card of the following type:

Visa

Visa Electron

Mastercard

Mastercard Electronic

Maestro

4) in any other manner agreed with the Seller.

Note. If the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, if the Buyer pays for the order with a payment card, an additional commission may be charged if the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. By clicking on the page of the Website https://come-for.com/ in the relevant section, the «Buy» button means that the Seller has notified the Buyer about the possibility of charging additional commission when the Buyer pays for European orders by the issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards.

 

8. TERMS OF DELIVERY

8.1 The Buyer shall receive the Goods by delivery, or receive them personally. The procedure of payment and receipt is indicated on the corresponding page of the Website https://come-for.com/.

8.2. When the Goods are delivered to other cities of Ukraine or on the territory of another country, performed by other delivery services (hereinafter referred to as Carrier Companies), the Buyer fully and unreservedly agrees with the Rules of carriage of goods by these companies-carriers.

8.3. The fact of receipt of the Goods and the absence of any claims to the quality of the Goods delivered by the Carrier Companies shall be confirmed by the Buyer by his own signature in the bill of lading, declaration of the Carrier Company, or in the bill of lading upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the carrier company in the quantity specified and paid for by the Buyer, in the complete quantity according to the specification of this Goods and in proper (working) condition and quality.

8.4. If the Buyer is absent at the delivery address specified by the Buyer in the application or if the Buyer refuses to receive the Goods for unjustified reasons, the Goods shall be returned to the shopping centre of shipment upon delivery by the Courier to the carrier company. Payment for the services of the carrier company shall be deducted from the amount transferred by the Buyer for the Goods. The balance of the amount shall be returned to the Buyer based on his letter sent to the e-mail: support@come-for.com indicating the current account to which the funds are to be returned.

The Buyer can find out all the questions arising in the process of payment and receipt of the Goods by contacting in the Contacts section.

 

9. RETURNS POLICY

9.1. In accordance with the Art. 9 of the Law of Ukraine «On Protection of Consumer Rights», the Buyer has the right to exchange Goods of proper quality within fourteen days, not counting the day of purchase, if a longer period is not declared by the Seller. The Buyer has the right to exchange the Goods taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return of the Goods to the Seller).

9.2. If the Buyer intends to return the Goods, such return shall be made in accordance with the section of the Website «Return» taking into account the rules and conditions of the carrier or courier applicable in the territory of Ukraine or on the territory of another country in accordance with the place of receipt of the Goods.

9.3. If there is at least one of the above shortcomings, the Buyer must record it in a drawn up act of any form. The Act must be signed by the Buyer and the person who delivered the Goods or by the Seller. If it is possible, the defects shall be recorded by means of photo or video recording. Within 1 (one) day the Buyer shall inform the manager (representative of the Seller responsible for ordering the Goods) of the detected defects and agree on replacement of the Goods by filling in a complaint form for return of the Goods on the Website https://come-for.com/.

9.4. The Parties agreed that in case of failure to comply with the mandatory requirements of this procedure, it is recognized that the Buyer received the Goods in proper condition - without any mechanical damage and in full.

 

10. PARTY LIABILITY AND DISPUTE RESOLUTION

10.1. The Parties are responsible for non-fulfillment or improper fulfillment of conditions of the Agreement in accordance with the procedure provided for by the Agreement and current international and Ukrainian legislation.

10.2. In case of disputes related to the implementation of the Agreement by the Parties, with the exception of disputes on debt collection from the Buyer, the Parties undertake to resolve them through negotiations with the observance of the claim procedure. The term of claim consideration is 7 (seven) calendar days from the date of its receipt. For disputes in connection with debt collection from the Buyer the observance of the claim procedure is not required.

10.3. All disputes, controversies or claims arising out of or in connection with the Agreement, including those related to its execution, breach, termination or invalidity, shall be settled in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

 

11. FORCE MAJEURE

11.1. The Parties shall not be liable for the non-fulfillment of any of their obligations, except for payment obligations, if they prove that such non-fulfillment was caused by force majeure, i.e. by events or circumstances which are beyond the control of such Party and which occurred after the conclusion of the Agreement and are unpredictable and unavoidable.

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or unfavorable weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement).

11.2. The Party for which performance of obligations under the Agreement became impossible because of occurrence of force-majeure circumstances, should immediately inform other Party in writing on occurrence of the above-stated circumstances, and also within 30 (thirty) calendar days to provide other Party acknowledgement of force-majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.

11.3. The time required by Parties to fulfil their obligations under the Agreement will be extended by any period during which execution has been deferred owing to the circumstances listed above.

11.4. If due to force majeure circumstances the failure to fulfill obligations under the Agreement lasts more than three months, each of the Parties has the right to terminate the Agreement unilaterally by giving a written notice to the other Party.

Notwithstanding the occurrence of force majeure, before the termination of the Agreement due to force majeure, the Parties shall make final mutual settlements.

 

12. OTHER TERMS OF AGREEMENT

12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purposes of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.).

12.2. By own acceptance of the Agreement or registration on the Website https://come-for.com/ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data with the subsequent purpose: the data that become known will be used for commercial purposes , including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website https://come-for.com/.

For the purposes provided by this paragraph, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.

12.3. The Buyer grants the right to process his personal data, including: to place personal data in databases (without further notice), to carry out lifelong storage of data, their accumulation, updating, modification (as required). The Seller undertakes to ensure data protection against unauthorised access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for these purposes, as well as the mandatory request of the competent state authority).

12.4. In case of unwillingness to receive a newsletter, the Buyer has the right to contact the Seller by writing an application for refusal to receive promotional materials, sending it to the postal or e-mail address.

12.5. The Seller is not responsible for the content and reliability of information provided by the Buyer when placing an order. The Buyer is responsible for reliability of the information specified at registration of the order.

 

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ООО "КОМ-ФОР" - матрасы и товары для сна 0 800 301 307 Come-For
ул. Белгородская, 5 62370 пгт Солоницевка, Харьковская обл., Украина