AGB

1. GENERAL PROVISIONS

1.1. This document is the Public Offer Agreement of the online store «Ochis.co» (individual entrepreneur Petrenko Juliia Vasylivna, registration number of the taxpayer’s card 3644609604, record number in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations No 2 074 000 0000 041921 from 26.03.2020 (henceforth referred as ‘The Seller’) to enter into a contract of sale remotely, i.e., through the online store.

1.2. This contract is a Public Offer Agreement (in accordance with Art. 633, 641 and Chapter 63 of the Civil Code of Ukraine), its conditions are the same for all Buyers.

1.3. In case of acceptance of the terms of this Agreement, i.e., the Public Offer Agreement of the Online Store, the user becomes the Buyer. The moment of full and unconditional acceptance by the Buyer of the Seller's offer to enter into a contract of sale is the fact that the Buyer pays for the goods under the terms of this Agreement, on time and at prices specified in the online store.

2. TERMS AND DEFINITIONS

2.1. Online store – in accordance with the Law of Ukraine "On Electronic Commerce", a means of presenting or selling goods by making an electronic transaction.

2.2. The Seller – individual entrepreneur Petrenko Juliia Vasylivna, registration number of the taxpayer’s card 3644609604, record number in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations No 2 074 000 0000 041921 from 26.03.2020.

2.3. The Buyer – a person who places an order and buys goods that are presented in the online store, for purposes not related to business activities, or a legal entity /individual entrepreneur.

2.4. The Order – the choice of individual items from the list of goods specified by the Buyer when placing an order and making a payment.

2.5. The Website – a set of pages accessed through a web browser, and software modules combined with a single management system located on the Internet at www.ochis.co.

3. SUBJECT OF THE AGREEMENT

3.1. This Agreement determines the procedure and conditions of sale of goods by the Online Store to the Buyer.
3.2. The Seller undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Buyer has the right to place an Order for goods in the Online Store and require the Seller to comply with the terms of this Agreement.

4.2. The Buyer has the right to place an order for any product presented in the Online Store, subject to its availability. Each item can be presented in the Order in any quantity.

4.3. The buyer is obliged to pay on time and receive the Order under the terms of this Agreement.

4.4. The Seller is obliged to fulfill the Buyer's Order in a timely manner and to properly fulfill the terms of this Agreement.
4.5. The Seller has the right to unilaterally terminate the legal relationship under this Agreement in case of Buyer’s breach of the terms of this Agreement.

4.6. In the absence of any item from the Buyer's Order in the warehouse, the Seller shall notify the Buyer.

4.7. The Buyer agrees to the terms of this Agreement at the time of ordering by clicking on the appropriate button on the Website of the online store, which means confirmation of the Buyer to having read the text of this Agreement and having agreed to its terms. Henceforth, the objection of the Buyer to give his consent relieves the online store from any liability for non-compliance with the terms of this Agreement and leaves the right to cancel the order unilaterally to the online store.

5. PLACEMENT, PAYMENT AND DELIVERY OF THE ORDER

5.1. The Buyer places an Order in the online store themselves by adding selected products to the virtual cart and filling out the online form.
5.2. The Order is paid for by the Buyer after its registration on prepayment terms.
5.3. If no funds are received, the Seller reserves the right to cancel the Order.
5.4. Delivery of goods purchased in the online store is carried out by postal, transportation and/or courier companies. Possibility and conditions of self-pickup of the Order are agreed upon with the Seller.
5.5. Return of substandard goods is carried out in the manner prescribed by the current legislation of Ukraine.

6. LIABILITY

6.1. The Parties shall be liable for non-fulfilment or improper fulfilment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine. 6.2. The Seller is not responsible for:
6.2.1. the appearance of the goods changed by the manufacturer, if such a change is insignificant and caused by the peculiarities of the production of the goods;
6.2.2. for a slight discrepancy between the color scheme of the product, which may differ from the original product only due to the different color rendering of computer monitors and other electronic devices through which the Buyer accesses the online store;
6.2.3. for the content and truthfulness of the information provided by the Buyer when placing an Order;

6.2.4. for delays and interruptions in the work of the online store (Order processing and delivery of goods), which occur for reasons beyond its control.

7. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

7.1. By providing their personal data when registering on the Website or placing an Order, the Buyer gives their voluntary consent to the processing and use (including transferring) of their personal data without limiting the validity of such consent in accordance with the Law of Ukraine "On Personal Data Protection".
7.2. The online store uses the received personal data for the purposes of selling the goods specified in this Agreement, to promote the goods sold by the online store, including the means of the automated processing of personal data.
7.3. The online store undertakes not to disclose the information received from the Buyer. It is not considered a violation to provide information by the online store to agents and third parties acting on the basis of an Agreement with the online store, including the fulfilment of obligations to the Buyer, as well as in cases where disclosure of such information is required by law.
7.4. If the Buyer does not want the online store to continue processing their personal data, the Buyer must apply to the support service.
7.5. When placing an Order, the Buyer agrees to receive information messages from the online store and its partners, acting on the basis of an Agreement with the online store, via short message service (SMS), mobile messenger applications, e-mail. At any time, the Buyer has the right to refuse to receive such a mailing.

8. RULES OF USE OF MATERIALS POSTED ON THE WEBSITE

8.1. The online store's Website contains materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photographs, and images.
8.2. All content of the online store’s Website is protected by the legislation of Ukraine.
8.3. The Buyer has no right to use the materials posted on the Website of the online store, for purposes such as: making changes, publishing, transferring to third parties, participating in sale or alienation, creating derivative products, etc.

9. OTHER CONDITIONS

9.1. This Agreement is concluded on the territory of Ukraine and is regulated by the substantive law of Ukraine.
9.2. The nullity of any clause or part of this Agreement does not invalidate the Agreement as a whole.
9.3. All disputes arising between the Buyer and the Seller are resolved through negotiations. If it is impossible to resolve the dispute, the Buyer or the Seller may apply to the courts of Ukraine in accordance with applicable law.

9.4. The Seller has the right to make changes to the text of this Agreement at their discretion at any time and without prior notice to Buyers. The current version of the contract is always available at https://ochis.co/policies/terms-of-service.