User Agreement
Public Contract (Offer) for ordering, purchase, sale, and delivery of goods
This contract is an official and public offer of the Seller to conclude a purchase and sale agreement for the Goods presented on the website https://freekidsbooks.store.
This contract is public, which means 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, sole proprietor), without granting 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 dishonest orders, and all other terms of the contract.
The Agreement is considered concluded from the moment the “Confirm Order” button is clicked on the checkout page in the “Cart” section and the Buyer receives an electronic confirmation of the order from the Seller.0
1. Definitions
1.1. Public Offer (hereinafter referred to as the “Offer”) — a public proposal by the Seller, addressed to an indefinite number of persons, to conclude a purchase and sale agreement for goods remotely (hereinafter referred to as the “Agreement”) under the conditions contained in this Offer.
1.2. Goods or Services — the object of the transaction 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 remotely.
1.3. Online Store — the Seller’s website at https://freekidsbooks.store, created for concluding retail and wholesale purchase and sale agreements based on the Buyer’s acquaintance with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer — a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Online Store’s website for purposes not related to entrepreneurial activity, or a legal entity, or a sole proprietor.
1.5. Seller — Sole Proprietor “DANYLCHUK OLEKSANDR VLADYSLAVOVYCH” (identification code 2621910279), an individual established and operating under the current legislation of Ukraine, with its registered address: 45 Universalna Street, 49087, Dnipro, Dnipropetrovsk Region, Ukraine.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of concluding the Offer Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be considered the date the Buyer fills in the order form located on the Online Store’s website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer’s request, the Agreement may be executed in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store via the “Cart” form or by placing an order via email or phone number listed in the “Contacts” section of the Online Store.
3.2. 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 doubts about its validity.
3.3. When placing an order on the Online Store’s website, the Buyer must provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. Buyer’s surname and first name;
3.3.2. Address to which the Goods should be delivered (if delivery is to the Buyer’s address);
3.3.3. Contact phone number;
3.3.4. Identification code for a legal entity or sole proprietor.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store’s website.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer does not provide the required information, the Seller is not responsible for the quality of service provided to the Buyer when purchasing goods in the Online Store.
3.6. When placing an order via the Seller’s operator (clause 3.1 of this Offer), the Buyer must provide the information specified in clauses 3.3–3.4 of this Offer.
3.7. The Buyer accepts the terms of this Offer by entering the relevant data in the registration form on the Online Store’s website or when placing an order through the operator. After placing an order via 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 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 acquainted with and agrees to the terms of this offer;
b) The Buyer gives consent to the collection, processing, and transfer of personal data, and this consent is valid throughout the term of the Agreement as well as for an unlimited period after its expiration. By concluding the Agreement, the Buyer also confirms that they are informed (without additional notification) about the rights established by the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their 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 under the Law of Ukraine “On Personal Data Protection” is known and understood to the Buyer.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store’s website. All prices for Goods and services are stated in Ukrainian hryvnias (UAH) including VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a particular 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 Goods indicated on the Online Store’s website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The cost of Goods indicated on the Online Store’s website does not include the cost of delivery to the Buyer’s address.
4.5. The Seller may indicate an approximate cost of delivery of the Goods to the Buyer’s address upon the Buyer’s request by email or when placing an order through the Online Store operator.
4.6. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the Seller receives the funds into their account.
4.7. Payments between the Seller and the Buyer for the Goods are made using the methods specified on the Online Store’s website in the “Payment and Delivery” section.
4.8. Upon receiving the Goods, the Buyer must, in the presence of the delivery service (carrier) representative, check that the Goods correspond to the quality and quantity characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or their representative, upon receipt of the Goods, confirms by signature on the sales receipt and/or in the order and/or in the transport waybill for the delivery of goods that there are no claims regarding the quantity, appearance, and completeness of the Goods.
4.10. Ownership and risk of accidental loss or damage to the Goods pass to the Buyer or their representative from the moment the Goods are received by the Buyer in the delivery city in case of self-pickup from the Seller, or when the Seller hands the Goods over to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller undertakes to:
5.1.1. Deliver the Goods to the Buyer in accordance with the terms of this Agreement 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 for 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 the prices for Goods and services, unilaterally by posting them on the Online Store’s website. All changes take effect from the moment they are published.
5.3. The Buyer undertakes to:
5.3.1. Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store’s website.
5.3.2. For the Seller to fulfill its obligations to the Buyer, provide all necessary data that clearly identify them as the Buyer and are sufficient for the delivery of the ordered Goods.
6. Return of Goods
6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods do not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return is accepted if the Goods have not been used and their commercial appearance, consumer properties, packaging, seals, labels, as well as the receipt issued to the Buyer for payment of the Goods, are preserved. The list of Goods not subject to return under this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. Refunds for Goods of proper quality are made within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided the requirements specified in clause 6.1 of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of Goods is refunded by bank transfer to the Buyer’s account.
6.4. Return of Goods of proper quality to the Seller’s address is at the Buyer’s expense and is not reimbursed by the Seller.
6.5. If defects in the Goods are detected within the established warranty period, the Buyer, in accordance with the procedure and terms established by the legislation of Ukraine, has the right to present to the Seller the claims provided for by the Law of Ukraine “On Consumer Rights Protection.” When making claims for free elimination of defects, the period for their elimination is calculated from the date the Seller receives the Goods and has physical access to them.
6.6. The Seller considers claims provided for by the Law of Ukraine “On Consumer Rights Protection” if the Buyer provides documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse Goods of proper quality that have individually determined properties if such Goods can only be used by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, configuration, etc., at the Buyer’s request). Confirmation that the Goods have individually determined properties is the difference in the size and other characteristics of the Goods indicated in the Online Store.
6.8. The return of Goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section. Before sending the Goods, the Buyer must contact the Seller in any convenient way (phone or messengers) and agree on the return of the Goods.
Окей, завершую переклад.
7. Liability
7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not liable for improper or untimely execution of Orders and its obligations in cases where the Buyer has provided inaccurate or incorrect information.
7.3. The Seller and the Buyer are liable 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 shall be released from liability for full or partial non-fulfillment of their obligations if such non-fulfillment is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party unable to fulfill its obligations must immediately notify the other Party.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the Online Store’s website during registration or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer), and other actions with their personal data as provided for by the Law of Ukraine “On Personal Data Protection,” without limitation of the term 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 under an agreement with the Seller, including for the fulfillment of the Buyer’s Order, as well as in cases where disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor execution or non-execution of its obligations due to outdated or inaccurate information about the Buyer.
9. Other Conditions
9.1. This Agreement is concluded on 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 shall be resolved through negotiations. In case of failure to reach a resolution through negotiations, the Buyer and/or the Seller have the right to refer the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally 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 accordance with the procedure provided for by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
Sole Proprietor DANYLCHUK OLEKSANDR VLADYSLAVOVYCH
Legal address:
IBAN: UA153003350000000260012390059 in JSC “RAIFFEISEN BANK”
MFO: 300335
EDRPOU: 3273409113
TIN: 2621910279
Tel.: +380978093524, +380996673812