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Preamble
The Public Offer Agreement is an official offer by the Seller to an unlimited number of persons to conclude an agreement with the Seller for the supply of goods remotely on the terms provided for in this offer by placing an order in the online store on afabooks.com website.
CONTRACT TERMS
Public offer agreement is a public agreement, the terms thereof in accordance with Art. 633, 641 of the Civil Code of Ukraine, are identical for all Buyers, the unconditional acceptance of the terms thereof by the Buyer (payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered an acceptance of the Agreement between the Seller and the Buyer.
Administration hereinafter means online store “Afabooks” (represented by PE AFANASENKO TETIANA VOLODYMYROVNA, recipient code 342168868257), registered in Ukraine, EDRPOU 3139713401), the copyright holder of afabooks.com website.
Offer hereinafter refers to Seller’s offer to conclude the Public Offer Agreement on the terms and conditions set forth in the Agreement addressed to an unlimited number of persons.
Acceptance hereinafter refers to the acceptance by a person of an offer to conclude an Agreement (by clicking on the “Place an order” link)
Online store hereinafter refers to the relevant software and functional complex located at the official website at https://afabooks.com presenting the Product, its appearance, specifications, price, payment terms, giving an option to make an order etc.
Order hereinafter refers to a duly completed and placed Buyer’s request (filled in the relevant fields on the website in the “Place an Order” section), addressed to the Seller, with a proposal to sell the list of Goods selected on the website, indicating its quantity.
Order confirmation hereinafter refers to the Seller’s notification about the order receipt from the Buyer and its acceptance for execution.
User hereinafter refers to an individual who reached the age of 18, with full legal capacity, using this website and/or its individual tools, who agreed to the terms of the Public Offer and complied with all its conditions described below.
Recipient hereinafter refers to a person specified by the Payer in the “Place an order” section as a person authorized to receive the goods. Unless otherwise specified in the “Checkout” section, the recipient is the payer.
Payer hereinafter refers to the person paying for the Buyer’s order, unless otherwise specified in the “Placement of the Order” section, the Payer is the Buyer.
Buyer hereinafter refers to a registered or unregistered User placing an order and intends to purchase/buy goods offered for sale by the Seller and presented on afabooks.com website.
Seller hereinafter refers to a legal entity or an individual entrepreneur posting the information on the website with an offer to purchase certain goods. The seller can be both the Administration and any person granted the right to post information about the product on the site by the Administration.
Offer hereinafter refers to the information about the product posted by the Seller on the website, including the information about the product, its price, methods of payment and delivery, the information about discounts and promotional offers for the product, as well as other conditions for the purchase of the product. The terms of the offers posted on the site are set by the Seller. The offer is the information about the possible conditions for the purchase of goods.
1.1. The Public Offer Agreement is a public Agreement in accordance with Art. 633, 641 of the Civil Code of Ukraine, the terms whereof are set the same for all Buyers and are addressed to an indefinite circle of persons, regardless of status (individual, legal entity, individual entrepreneur) wishing to purchase goods, information whereof is contained on the Site, including the information regulating the procedure for the User’s access to the information posted on the Site, the procedure for using the Site, as well as options of transferring goods and other conditions.
1.2. The site is a platform for placing offers for the sale of goods. The product information is displayed on the Site and is dynamic. This means that the administration of the online store at any time, without prior notice to the User, may make changes to this Agreement, materials and the information contained in the online store. The Administration under no circumstances shall be liable for the irrelevance of the information on the site, any losses incurred as a result of the use, inability to use or the results of using the resource of the online store. Certain changes take effect after they are posted on the Site and apply to any order made after they have been posted.
1.3. The fact that the Buyer placed an order (by clicking on the “Place an order” link) in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine is considered as acceptance of the Agreement by the Buyer, his agreement with the terms of the Agreement and confirmation that he fully assumes the obligations arising from the use of the Site and the conclusion of the Agreement, including the Buyer’s consent to the Seller to send SMS messages, email letters about the status of his order and surveys to improve the quality of customer service, all other actions that will performed that do not contradict the terms of the Agreement
1.4. The Agreement concluded on the basis of the Buyer’s acceptance of this offer is an Accession Agreement, to which the Buyer accedes without any exceptions and/or reservations.
1.5. Any information about the Goods contained on the website www.afabooks.com is for informational purposes only and cannot be taken as fully conveying all the properties and characteristics of the Goods. Should the Buyer have questions regarding properties and characteristics of the Goods, he must seek advice from the operator of the online store, before ordering the Goods.
1.6. Sufficient proof of the acceptance of the offer by the Buyer (i.e. the agreement by the Parties to all essential conditions for the sale of goods) is the actual payment, receipt of the goods by the Buyer/Recipient.
1.7. The owner of the intellectual property rights for the distribution of the Content presented on the Site is the Administration.
2.1. To be able to make a purchase on the site, the User must get registered at the website. The Administrator reserves the right to reject any registration request and/or terminate any registration on the Site.
2.2. The User can place an order for goods without registration, but at the same time the obligatory fields in the “Place an order” form must be filled in correctly.
2.3. While getting registered at the Site, namely filling out the registration form and creating a Personal Account, the User undertakes to indicate the information specified as mandatory in full, and the User is responsible for the accuracy, correctness and truthfulness of both mandatory and other information provided. In the event of any unreliability, incorrectness or inaccuracy of the information provided by the Registered User, the Site Administration unconditionally reserves the right to cancel the Account of such a Registered User at any time without any compensation or reimbursement.
2.4. By entering information into the registration form of the Site, as well as placing an Order, the Buyer confirms that he is familiar with the terms of the Agreement and all actions that he will perform will not contradict the terms of the Agreement.
2.5. The Order is considered accepted for execution, and the Agreement between the Buyer and the Seller is concluded after the Buyer places the Order on the Website.
2.6. The Seller has the right to reject the Order in the event of the actual absence of goods in stock by sending an e-mail. In this case, the rights and obligations of the Parties related to the sale, delivery and transfer of the ordered goods to the Buyer and payment to the Seller provided for by this Agreement shall be terminated, and the cost of the goods in case of payment for it shall be returned to the Buyer, unless the Parties have agreed otherwise.
2.7. In case of it being impossible for the Buyer to confirm the Order by the Seller due to an incorrectly specified e-mail address or phone number, the Seller has the right to cancel such an unconfirmed Order.
3.1. The goods price is indicated on the Site in the relevant section at the time of placing the Order, and does not include the delivery cost.
3.2. The seller has the right to unilaterally change the goods price without prior notice. However, the Seller has no right to change the goods price ordered after the Order has been accepted by the Seller or the Buyer has paid for the purchase.
3.3. The cost of the goods is paid in the national currency of Ukraine – the hryvnia.
3.4. The Buyer can pay for the Goods ordered:
3.5. The User/Buyer understands and agrees that the operator in charge of receiving and making payments for goods presented on the Site is one of the acquiring companies connected to the Site, depending on circumstances, and is chosen independently by the User/Buyer in the process of making a payment for the product.
3.6. The Goods must be fully paid for by the Buyer by the time received by the Buyer.
3.7. In case of the order cancellation or return of the goods, the payment is subject for return to the Buyer.
3.8. In case of the goods return, the payment shall be returned to the Buyer only after the receipt of the goods and after the completed return application is processed by the Seller.
3.9. Refunds shall be made to the bank card account used for the payment, or if the payment was done using other bank details, then to the bank card specified in the order.
3.10. Refunding term is up to 10 working days after the receipt of a properly completed return application from the Seller.
4.1. Delivery of goods is carried out throughout the territory of Ukraine with the exception of temporarily occupied territories.
4.2. Delivery of the order is carried out within the period specified in relation to the carrier and method of delivery and is considered from the date of picking.
4.3. When placing an Order, the Buyer has the opportunity to independently choose the method of delivery, namely:
4.5. The cost of delivery of goods is calculated according to the tariffs of the Companies that are directly in charge of the goods delivery. All necessary information regarding the delivery of goods is indicated by the Buyer when placing an Order in the “Ordering” section on the Site.
4.6. The Seller makes every effort to comply with the delivery times indicated on the Site, however, delivery delays are possible due to unforeseen circumstances beyond the control of the Seller (force majeure circumstances). The Seller informs the Buyer in the event of force majeure and agrees on new delivery conditions by e-mail.
4.7. The moment of receipt of the goods by the Buyer is signature of a document confirming the fact of acceptance of the goods ordered by the Recipient/Buyer (bill of lading, acceptance certificate, delivery declaration, etc.) or the actual receipt by the Recipient / Buyer of the goods and performance of actions indicating on acceptance of the goods. For the Goods to be released to the Recipient, the latter is obliged to present an identity document (passport) upon receipt of the Goods.
4.8. Before shipment by the Seller, the goods are checked and insured for the full value. Upon receipt of the goods, the Buyer undertakes to check the goods for mechanical damage and if inconsistencies are found on the spot claims should be made to the delivery service, otherwise claims for mechanical damage to the goods are not subject to consideration by the Seller. The Seller is not responsible for the actions of the Companies that ensure the delivery of the goods to the Buyers.
4.9. The buyer has the right to violate the integrity of the packaging of the goods, inspect the goods, as well as dispose of the goods in any other way at his discretion only after full payment. The established provision does not deprive the Buyer of the rights provided for by the Law of Ukraine “On Protection of Consumer Rights” on the return of goods of proper and inadequate quality.
4.10. The buyer has the right to appoint a third party as the recipient of the purchased goods. In this case the Buyer is obliged to indicate the data required for the identification of the Recipient and delivery the goods in the Order form. In this case relations of the parties are subject to the provisions of Art. 636 of the Civil Code of Ukraine.
5.1. Claims for delivery of low quality goods (printing defects) may be filed by the Buyer within 14 (fourteen) calendar days from the date of receipt of the goods.
5.2. The return of goods of inadequate quality (printing defect) is carried out within 14 working days from the date of receipt of the defective goods along with relevant documents and subject to the Buyer’s compliance with the procedure for filing claims specified in this Agreement.
6.1. In case of adequate quality goods offered by the Seller for sale are not subject to return in accordance with the Decree of the Cabinet of Ministers of Ukraine “On the implementation of certain provisions of the Law of Ukraine “On Protection of Consumer Rights” dated March 19, 1994 No. 172, unless otherwise agreed between the Seller and the Buyer .
6.2. Return of goods of inadequate quality:
6.2.1. Upon receipt of goods of inadequate quality (printing defects), the Buyer has the right for:
– a refund of the amount of the cost of such goods;
– replacement of low quality goods with goods of proper quality.
6.2.2. The identified printing defect of the received goods is confirmed by relevant photographs which must be sent by e-mail to the Seller afabooks17@gmail.com accompanied by the following information:
– Full name of the Buyer/Recipient and contact details (phone number, e-mail);
– the Order number and date;
– the Order cost;
– the number of goods with printing defects.
6.2.3. The Buyer’s claims for a refund for a defective product must be submitted by sending a written application drawn using an example provided by the Seller, to the specified email address.
6.2.4. Claims for the quality of the goods received sent by e-mail are reviewed by the Seller within 2 working days from the date of its receipt. If a claim is accepted, the Seller sends the Buyer (via SMS or e-mail specified in the claim) the details required for return of the goods.
6.2.5. The Seller has the right not to review the Buyer’s application (claim) regarding low quality goods sent without provision of the above documents or in violation of the procedure for return of low quality goods until shortcomings allowed by him are eliminated. If the Buyer does not dispatch the specified documents within 7 (seven) days from the date of receipt by the Seller of the corresponding low quality goods, the Seller’s obligations regarding and satisfaction of the Buyer’s claim are terminated, and he has the right to dispose of the goods at his own discretion. The seller is not obliged to return the goods in case the application for return is not properly executed and the proper documentation is not provided.
The Seller has the right to refuse to receive a low quality product if the Buyer committed a violation when sending a claim and a low quality product (incorrectly specified return details were provided by the Seller) which may entail additional financial costs on the part of the Seller.
6.2.6. The buyer undertakes to inspect it to detect mechanical damage upon receipt of the goods. The fact of the detection of mechanical damage must be recorded at the time of receipt of the goods, otherwise claims for mechanical damage to the goods are not subject to consideration by the Seller.
7.1. The Administration makes every possible effort to ensure proper functioning of the Site but is not responsible for non-fulfillment or improper fulfillment of the obligations stipulated by this Agreement, as well as for damage caused in connection with this due to, but not limited to:
7.2. In order to prevent unauthorized automatic scanning of the Site, as well as the use of the Site with fraudulent purposes and in the event of a reasonable suspicion of abuse by the User regarding the use of the site, the Administration reserves the right to:
7.3. An account on the Site provides for the possibility of its use by only one User of the Site. It is not allowed to transfer account data to third parties. In case of discovery of the facts of the transfer of account data to third parties or the facts of collective use of the account, the Administration has the right to block this account and cancel purchases made using such an account.
8.1. The Buyer/User of the Site agrees and guarantees not to perform any actions that may be considered as a violation of Ukrainian legislation or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal functioning of the Site and its services.
8.2. The Buyer/User is obliged to promptly inform the Site Administration about unauthorized access to the Personal Account of the User/Buyer by third parties. To inform the Buyer/User must contact the Support Service using contacts indicated on the Site.
8.3. By accepting the terms of the Agreement, the User Buyer confirms reading and agreeing with the terms of the Agreement.
8.4. Comments and other entries of the User of the Buyer on the Site should not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.
8.5. The User/Buyer is responsible for the accuracy of the data specified in the registration form and the Order form. In the event that incorrect, inaccurate and/or incorrect indication of data in the Order has led to additional costs for the Seller associated with the delivery of goods to an incorrectly indicated address or the delivery of goods to an incorrectly indicated Recipient, all losses and expenses associated with this are borne by the User/Buyer. The Seller shall be entitled to withhold the amount of such damages or expenses against the amounts paid by the Buyer as payment for the goods.
8.6. Responsibility for money transfers made by the Payer lies entirely with the banking institutions and payment systems, the services whereof the Payer decides to use. The seller does not take responsibility for their actions.
8.7. The Administration is not responsible for the performance of Internet providers, processing centers, payment systems, telecom operators, banking institutions, Visa/MasterCard payment services which can lead to late receipt, loss or damage of the information or data required.
Any claims and disputes related to payments and receiving cash refunds are directed by the Payer to an independently chosen company, and in case of it being impossible to be settled amicably, they are to be resolved in accordance with the provisions of Section 8 of the Agreement.
8.8. The sole remedy provided to the Buyer in the event that the actual terms of sale do not comply with this Agreement is to provide the Buyer/Recipient with the right to refuse to receive the relevant product and demand a refund of the price paid for it. The buyer/recipient has the right to exercise the right until the signing of the documents confirming the receipt of the goods.
8.9. The Site Administrator is not responsible for the performance of the equipment on which the Site is located, the availability of the Site, the operation of data transmission channels and other technical means for Users to access the Site.
8.10. The responsibility of the Administrator cannot exceed the cost of the purchased goods on the Site and does not include any lost profits, indirect losses, damage caused to third parties.
8.11. The Seller is not responsible for the actions of companies that ensure the delivery of the goods to the Recipient of the Buyer, including for the delivery time, as well as for maintaining the integrity of the goods during transportation by delivery services.
8.12. The Seller’s responsibility for changing the terms of the offer for the sale and sale of the goods is limited by the right of the User/Recipient/Buyer to refuse to purchase the goods and demand for a refund of the money paid.
9.1. The Agreement is drawn up in accordance with the legislation of Ukraine. The User/Buyer located outside the jurisdiction fully undertakes to subordinate to legal relations arising from any use of the Site to the legislation of Ukraine, and the conditions are applicable to the maximum extent permitted by his jurisdiction without any conflict with the rule of law.
9.2. The Parties confirm in case any term of the agreement becomes or is declared invalid due to the inconsistency of the law, this condition will not be taken into account or the Parties will take measures to amend the agreement to the extent that the agreement is made valid and retained in full intentions of the parties.
9.3. The User/The Buyer acknowledges and agrees that the resolution of all possible disputes arising from relations between the Parties and which the Parties could not resolve through negotiations for at least 30 days are subject to resolution in accordance with the current legislation of Ukraine.
9.4. Any claims and disputes regarding the provision of access to downloading the Content by the Buyer/User shall be directed to the Administration, and in case of it being impossible to be settled amicably, they are resolved in accordance with the legislation of Ukraine.
10.1. The Buyer and/or authorized persons of the Buyer give their consent to the Seller for the processing of their personal data specified by them in the registration form (full name, mobile phone number, e-mail, postal address, etc.). The personal data of the User is confidential, the collection and subsequent processing of personal data is carried out by the Administration in accordance with the Law of Ukraine “On the Protection of Personal Data” and other regulatory legal acts of Ukraine. The source of personal data collection is the information directly and voluntarily provided by the User.
10.2. Biding to the Agreement, the User voluntarily provides the Administration with the personal data indicated in the registration form for registration in the information system as a User, as well as in order to support long-term cooperation with the Site Administration. The user also agrees to the use of his personal data for processing Orders for the purchase of goods, receiving promotional and special offers, information about promotions, drawings, and other information about the activities of the Administration.
10.3. The User grants the Administration the right to process his personal data, including: input of personal data to databases of the Administration (without an additional notification of the User), store data for life, accumulate, update, change (if necessary).
10.4. The buyer confirms that he is acquanted with the rights of the subject of personal data provided for in Art. 8 of the Law of Ukraine “On the Protection of Personal Data”. Personal data storage address: 02160, prosp. Soboronsti 5.50
10.5. In the event of a change in personal data, the User must provide the Administration with the updated information by calling the Administration Support Service or by making changes to the relevant section of the User Account on the Site. If the User fails to comply with the above requirement, the Administration does not hold the responsibility for the adverse consequences associated with the use of outdated data.
10.6. User/ Buyer immediately after registration or at any other time may establish a ban (restriction) on the use of his personal data. To do so, the User must forward a written request to the e-mail address specified in the “Contacts” section of the Site. The user is also granted other rights provided for in Article 8 of the Law of Ukraine “On the Protection of Personal Data”.
10.7. The administration does not accept the user’s registration data if they are filled in incorrectly.
10.8. The Administration undertakes to promptly inform the User about his opportunities and rewards but is not responsible for messages not delivered to the User as a result of circumstances beyond control of the Administration .
10.9. For the purposes provided for in clause 10.2. of this Agreement, the User grants the Administration the right to send him any information of a commercial and/or informational nature, as well as the information about other consumer offers by mail, e-mail, telephone, SMS, Viber message, make calls to the mobile phone specified in the registration form/Account room.
10.10. The User data specified in the registration data is confidential. Only authorized persons of the Administration and the User himself have access to the data, and this data can be provided at the request of law enforcement and/or other authorities in accordance with applicable law.
10.11. The User is responsible for the inaccuracy of the data in the account.
11.1. All the rules and conditions for making/performing certain actions/operations posted in the relevant sections of the Site are integral parts (as Annexes) of this Agreement, defining obligations for both Parties. Should the conditions set in the text of this Agreement and the conditions specified in its Appendices (website sections) differ, the Parties shall be guided by the conditions specified in the Appendices. The sale of goods by the Seller to the Buyer is governed by this Agreement as well as the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Protection of Consumer Rights”, the Rules for the Sale of Goods to Order and Outside Trade or Office Premises and other legislative acts insofar as it does not contradict the specifics of electronic commerce .
11.2. The Administration has the right to make changes to the text of this Agreement and/or Annexes without prior notice. Changes to the Public Offer come into force after their publication and apply to any Order made after their publication.
11.3. The User undertakes to carefully read this Agreement. In case of disagreement with its terms, the User undertakes to stop using the Site immediately.
11.4. The Seller and the Buyer communicate through the use of email, telephone (SMS, etc.), applications, announcements and/or messages. The Buyer agrees that all notices, data or other information provided electronically shall be legally binding and shall be treated as documents in writing.
11.5. If the Buyer wishes to unsubscribe from the distribution of messages regarding this Agreement, he must apply by sending an e-mail to the e-mail address indicated on the Site with a request to unsubscribe from the distribution. The request will be executed within 3 days from the moment of its receipt.
11.6. The administration reserves the right to block the Buyer (deprive him of the opportunity to order and buy goods), apply to law enforcement agencies with appropriate applications and transfer the data of such a Buyer to them if any actions of the Buyer, in the opinion of the Seller, bear signs of fraud and may harm the interests of others Users Buyers or third parties.
11.7. Recognition by the court of any provision of the Agreement is invalid, does not entail the invalidity of other provisions of the Agreement.
Dear User of the www.afabooks.com website, we draw your attention to the fact that using the website in any form (including, but not limited to, placing Orders of goods using the www.afabooks.com website, participating in a discount program, promotions, filling out forms etc.) means that you have read and agreed to the terms of use.