Public offer agreement.

General provisions.

This Public Offer Agreement (hereinafter referred to as the “Agreement”) between PE BEZKOROVAINYI DENYS (hereinafter referred to as the “Seller”) and the user of the services of the Internet site (hereinafter referred to as the “Buyer”) is an agreement for ordering, purchasing and delivering Goods . 

The agreement defines the main conditions for ordering, purchasing and delivering goods through the websites:

https://circusforyou.com/ 

https://ru.circusforyou.com/

https://en.circusforyou.com/

The Buyer, acting for the purpose of acquiring the Goods, accepts the terms of this Agreement.

1. Concepts and definitions.

1.1. Public offer – a public offer of the Seller, addressed to an indefinite circle of persons, to conclude a Sale and Purchase Agreement (Public Offer Agreement) of goods with the Seller remotely on the terms contained in this Agreement, including all Addenda.

2.1. In this Agreement, unless the context otherwise requires, the following terms have the following meanings:

*  “Goods” – goods that belong to the category “Circus props”, accessories and accompanying items.

* “Internet store” – in accordance with the Law of Ukraine “on electronic commerce”, a means for presenting or selling a product, work or service by making an electronic transaction.

* “Seller” – a company that sells the goods presented on the Internet site.

* “Buyer” – an individual who has entered into an Agreement with the Seller on the terms set forth below.

* “Order” – selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.

3. Subject of the Agreement.

3.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement. This Agreement governs the purchase and sale of goods in the online store, including:

— voluntary choice by the Buyer of goods in the online store;

— independent registration by the Buyer of the order in the online store;

— payment by the Buyer of the order placed in the online store;

— processing and delivery of the order to the Buyer in the property on the terms of this Agreement.

4. The procedure for placing an order.

4.1. The Buyer has the right to place an order for any product presented on the Website of the online store and available.

4.2. Each item can be presented in the order in any quantity.

4.3. If the goods are not in stock, the Seller will inform the Buyer about this (by phone, via e-mail or in other available way).

4.4. In the absence of a product, the Seller has the right to replace it with a product of a similar model, or refuse to sell this product, or cancel the order.

5. Order payment procedure. Payment Methods.

5.1. After placing an order, the Seller proceeds to fulfill the order only after receiving an advance payment of 30%, or 50%, or 100%. The amount of the advance payment depends on the order.

5.2. Sending the order to the Recipient occurs only when 100% payment for the order for the goods and for delivery.

5.3. If the delivery of the goods will be carried out within Ukraine, then payment can be made upon receipt of the goods at the branch of the Transport Company (subject to paragraph 5.1). In this case, all shipping costs and commissions for cash on delivery are paid by the Buyer.

5.4. Payment can be made to a bank card or to a current account registered of the Seller. Requisites for payment can be sent in any available way.

5.5. Payment can be made through the FONDY or SELLER-ONLINE payment system.

5.6. If funds are not received within a period of more than seven working days from the date of placing the order, the online store reserves the right to cancel the order.

6. Terms of order delivery.

6.1. Delivery of goods purchased in the online store is carried out to the warehouses of transport companies or to the recipient’s door.

6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine (Sales Invoice).

7. Rights and obligations of the parties:

7.1. The seller has the right:

— unilaterally suspend the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement.

7.2. The buyer is obliged:

— timely pay and receive the order on the terms of this contract.

7.3. The buyer has the right:

— place an order in the online store;

— read the terms of this electronic agreement (when placing an order and at any other time) and accept it;

— require the Seller to fulfill the terms of this Agreement.

8. Responsibility of the parties.

8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.

8.2. The Seller is not responsible for:

— the appearance of the Goods changed by the manufacturer;

— for a slight discrepancy in the color gamut of the product, which may differ from the original product solely due to the different color rendering of personal computer monitors of individual models;

— for the content and truthfulness of the information provided by the Buyer when placing an order;

— for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond the control of the Seller;

— for unlawful illegal actions carried out by the Buyer using access to the Internet;

— for the transfer by the Buyer of their network identifiers – IP, MAC address, login and password to third parties.

8.3. The Buyer, using the access to the Internet provided to him, is solely responsible for the harm caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state.

8.4. In the event of force majeure circumstances, the parties are released from the terms of this agreement. For the purposes of this agreement, force majeure means events of an extraordinary, unforeseen nature that exclude or objectively interfere with the execution of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

8.5. The parties shall make every effort to resolve any differences solely through negotiations.

9. Other terms and conditions.

9.1. The online store reserves the right to unilaterally amend this agreement, subject to its prior publication on the websites:

https://circusforyou.com/ 

https://ru.circusforyou.com/

https://en.circusforyou.com/

9.2. The online store was created to organize a remote method of selling goods via the Internet.

9.3. The Buyer is responsible for the accuracy of the information specified when placing an order. When placing an order and subsequent payment for the goods, the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine “On the Protection of Personal Data”.

9.4. Payment by the Buyer of the order placed in the online store means the full consent of the Buyer with the terms of the Purchase and Sale Agreement (Public Offer Agreement).

9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine “On Electronic Commerce”.

9.6. Using the resource of the online store to preview the goods, as well as to place an order for the Buyer is free.

9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering goods, making mutual settlements, etc.

10. The procedure for returning goods of good quality.

10.1. Return of goods to the online store is carried out in accordance with the current legislation of Ukraine. Goods of proper quality related to belong to the category “Circus props”, according to the Law of Ukraine “On Protection of Consumer Rights” are not subject to exchange and return.

10.2. Items made to order are non-refundable. These products include: long air loops, air straps, tables, canes and other goods which are made under the order of the Buyer.

If the order is non-standard and was made exclusively for the order of the Buyer, then in this case the Seller is exempt from any compensation in favor of the Buyer. In this case, the Seller can help to sell this product to another buyer, and thus partially help the Buyer to return the funds spent. But all responsibility and all costs associated with this are the responsibility of the Buyer who wants to return the goods.

10.3. Return of goods to the online store is at the expense of the Buyer.

10.4. If paragraphs 10.1. and 10.2. to this product of proper quality are not applicable, then when the Buyer returns the goods of good quality, the online store returns to him the amount of money paid for the goods on the fact of the return of the goods, minus the compensation of the costs of the online store associated with the delivery of the goods to the Buyer, and less all other costs associated with this order.

11. Conditions for the return to the Buyer of the funds paid by him for the purchased goods and for the delivery of these goods to the Buyer.

11.1. When returning the money paid by the Buyer for the purchased goods and for the delivery of these goods to the Buyer, the Seller shall under no circumstances return all costs associated with the production, delivery and return of the goods for the Buyer. This includes: the cost of delivery, all commissions and fees (including customs), current expenses incurred by the Seller during the actions specified in this paragraph.

12. The procedure for the Seller and the Buyer in cases where the parcel with the goods is lost due to the fault of the Post or the Transport Company.

12.1. If the parcel is on the way for more than 75 days, the Seller submits an application for search to the Post Office or the Transport Company. The search for a parcel can last up to 3 months or more from the moment the application for the search is submitted. The terms of the search depend on the rules of work of the Post or the Transport Company.

Only after the Post or the Transport Company acknowledges that the parcel is lost and reimburses the Seller for the cost of the parcel, the Seller transfers this refund amount to the Buyer subject to paragraph 11.1.

13. The procedure for the Seller and the Buyer in cases where the parcel with the goods returned back to the Seller due to the fault of the Post.

13.1. In this case, the Seller and the Buyer come to a general agreement in order to resolve this issue in two possible ways:

• refund to the Buyer subject to paragraphs 10.3, 10.4, 11.1.

• re-sending the goods at the expense of the Buyer subject to paragraph 11.1.

14. The procedure for the Seller and the Buyer in the following cases, which led to the return of the parcel with the goods back to the Seller: if the Buyer has provided an incorrect delivery address, or the Buyer refused to accept the parcel, or the Buyer for any reason could not pick up the parcel with the goods from the post office on time, or the Buyer has refused to pay customs and other fees (provided by the laws of the country of the recipient) for the parcel and the goods that are in this parcel.

14.1. In this case, the Seller and the Buyer come to a general agreement in order to resolve this issue in two possible ways:

• refund to the Buyer subject to paragraphs 10.3, 10.4, 11.1.

• re-sending the goods at the expense of the Buyer subject to paragraph 11.1.

15. The procedure for returning goods of inadequate quality or with a defect that does not allow the product to perform its declared functions.

15.1. If the product is not of proper quality, with a defect or does not match the dimensions specified in the order (discrepancy of more than 3 cm) or paired parts, which must be the same in size, differ by more than 5 mm.

In this case, depending on the agreement of both parties, the following solutions are possible: 

– The Seller may reimburse the costs associated with the correction of the defect;

– The seller can return the cost of the defective goods subject to paragraph 11.1. In this case, the return of defective goods is negotiated additionally, depending on the feasibility and cost of the return.

– The seller may exchange or correct the defect. Delivery and all related costs at the expense of the Seller.

15.2. If the order is placed at the price of the Ukrainian or russian version of the site, but sent outside of Ukraine, delivery and all related costs are at the expense of the buyer.

Validity period of the contract:

22.02.2032