Public Contract
This agreement constitutes an official and public offer by the Seller to enter into a sales contract for products listed on the website https://queentile.com. The contract is public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their status (individual, legal entity, or sole proprietor) without preference to any buyer over another. By concluding this Agreement, the buyer fully accepts the conditions and procedures for placing orders, paying for goods, delivering goods, returning goods, and all other terms of the contract. The Agreement is deemed concluded at the moment the buyer clicks the "Confirm Order" button on the checkout page in the "Cart" section and receives electronic confirmation of the order from the Seller.
The buyer accepts (accepts) the terms of this offer by placing an Order by clicking on the "Place Order" button on the website https://queentile.com and receiving an electronic order confirmation from the Seller, which signifies the buyer's confirmation of having read and agreed to the terms of this Agreement. Any objections by the buyer to giving such consent absolve the seller of any responsibility for non-fulfillment of the terms of this offer and grant the seller the right to unilaterally cancel the order.
Before purchasing goods on the website https://queentile.com, carefully read this Offer.
1. Definitions:
1.1. Seller - "BIG MEGA CITY" LLC, located at 93 Lyubovi Maloi Ave, Kharkiv 61020, Ukraine, EDRPOU code: 34758276, whose products are listed on the website https://queentile.com.
1.2. Buyer - a competent individual who is at least 18 years old, receives information from the Seller, places orders for products listed on the online store https://queentile.com for non-commercial purposes, or a legal entity or sole proprietor.
1.3. Parties - the Seller and the Buyer.
1.4. Site - a collection of web pages accessed via a web browser and software modules, managed through a system located on the Internet at https://queentile.com, designed to facilitate retail and wholesale purchase agreements based on the buyer's review of the product description provided by the Seller over the Internet.
1.5. Product - the subject of the agreement between the parties, selected by the buyer on the online store website https://queentile.com and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.6. Buyer's Representative - an individual who presents a printed order or other document confirming the sales contract with the Buyer.
1.7. Carrier - a legal entity or sole proprietor who has undertaken to deliver the Product to the destination specified by the Buyer under the Agreement.
1.8. Public Offer ("Offer") - a public proposal by the Seller, directed to an unspecified circle of persons, to enter into a remote purchase-sale agreement ("Contract") with the Seller under the terms contained in this Offer.
2. Contract Subject
2.1. The Seller undertakes to transfer the ownership of the Goods to the Buyer under the terms and procedures defined by this Contract, and the Buyer undertakes to accept the Goods and pay their price.
2.2. The Buyer guarantees to the Seller that they possess the necessary legal capacity as well as all rights and powers necessary and sufficient for the conclusion and execution of the Contract in accordance with its terms.
2.3. The date of concluding the Offer Contract (acceptance of the offer) and the moment of the Buyer's full and unconditional acceptance of the Contract terms are considered to be the date the Buyer fills out the order form on the website of the online store https://queentile.com, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer's request, the Contract may be executed in written form.
3. Order Procedure, Pricing, Exchange
3.1. The Buyer may place an order independently by clicking the "Place Order" button or by phone, as indicated in the "Contacts" section. After placing the order, the Buyer will receive a confirmation message on the contacts provided during the order placement, including the availability of the goods or the expected date of arrival of the goods if they are not in stock.
Acceptance of the terms of this Offer is carried out by entering relevant data into the registration form on the website of the online store or when placing the Order through an operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.
3.2. In the absence of the product listed on the Site due to technical malfunctions or other reasons beyond the Seller's control, the specified order is canceled entirely or partially, and the Buyer is informed by sending a message.
3.3. When placing an order on the Site, the Buyer is required to provide the following information:
3.3.1. First name, last name.
3.3.2. Email address.
3.3.3. Delivery address.
3.3.4. Contact phone number.
3.3.5. Identification code for a legal entity or sole proprietor.
3.3.6. Name, quantity, SKU, and price of the selected Goods are specified in the Buyer's cart on the website of the online store.
3.3.7. If any of the Contract Parties 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 providing quality service to the Buyer when purchasing goods in the online store.
3.3.8. When placing an order through the Seller's operator, the Buyer is obliged to provide the information specified in sections 3.3.1 – 3.3.7 of this Offer.
3.4. The Buyer is responsible for the accuracy of the information provided when placing an order. In the event of errors and/or the provision of incomplete data, the Seller is fully exempt from liability for improper execution of the order.
3.4.1. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order process is incomplete or raises doubts about its authenticity.
3.5. After placing the order, a representative of the Seller sends a message to the Buyer's contact email confirming the acceptance of the order. The receipt of an email by the Buyer confirms the acceptance of the order. Subsequently, the Seller's representative may contact the Buyer (by phone or email) to clarify details about the order and delivery conditions.
3.6. The Buyer agrees that the purchased Goods are not subject to exchange or return in the following cases:
3.6.1. More than 14 calendar days have passed since the purchase of the Goods.
3.6.2. Although fewer than 14 calendar days have passed since the purchase, the goods have been used, the packaging integrity and/or completeness have been compromised, or there are missing seals, labels, tags, price tags, etc., the commercial appearance, consumer properties are compromised, or the document issued to the Buyer with the sold goods has not been preserved.
3.7. The return to the Buyer of the cost of goods of proper quality is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided the requirements set forth in clause 3.6 of the Contract and the current legislation of Ukraine are met.
3.8. The return of goods of proper quality to the Seller's address is at the expense of the Buyer and is not reimbursed by the Seller.
3.9. If defects are found within the warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present the Seller with demands provided by the Law of Ukraine "On Consumer Rights Protection." When claims for the free elimination of defects are made, the period for their correction is counted from the date the Seller receives the Goods into their possession and physical access to such Goods.
3.10. Consideration of claims provided by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller provided that the Buyer submits documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer due to the Buyer's violation of usage or storage rules, actions of third parties, or force majeure.
3.11. The Buyer does not have the 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 custom sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually determined properties is the difference in sizes and other characteristics specified in the online store.
3.12. The return of goods, in cases provided by law and this Contract, is carried out to the manufacturer's warehouse by prior arrangement.
3.13. By accepting the terms of this Contract, the Buyer confirms:
3.13.1. Their awareness that only new goods that have not been used and show no signs of use, such as scratches, chips, abrasions, must have the complete set of the goods, the integrity of all packaging components, labels, factory markings preserved, and the Buyer must have the original document confirming the purchase of the respective Goods.
Violation of any of these clauses reserves the right for the Seller to refuse the Buyer the exchange or return of the product;
3.13.2. that they are fully acquainted with and agree to the terms of this offer (proposal);
4. Delivery and Pricing of Goods
4.1. The procedure and terms of delivery of the ordered Goods are agreed upon by the Buyer with the Seller or a representative of the Seller/Buyer.
4.2. Delivery of the Goods, which were ordered and purchased from the Seller, is carried out by the Seller or a third party (Carrier). During the delivery of the Goods, the Goods are handed over directly to the Buyer or the Buyer's representative.
4.3. To fulfill the obligations under this Contract, the Seller has the right to involve third parties (legal and/or individual entrepreneurs) under a commission agreement, transportation, etc.
4.4. Upon receipt of the goods, the Buyer must, in the presence of the delivery service representative (carrier), check that the Goods meet the qualitative and quantitative characteristics (name of the goods, quantity, completeness).
The Buyer or their representative confirms by their signature on the goods receipt/order/ or in the transport bill of lading for the delivery of goods, that they have no claims regarding the quantity of goods, their external appearance, and completeness.
The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or their Representative from the moment the Goods are received by the Buyer in the city of delivery of the Goods or during the transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
4.5. The price of the Goods on the Site's pages is stated in Ukrainian hryvnia per unit of goods and is informational. All prices for Goods and services indicated on the site are in hryvnia including VAT.
4.6. Prices for Goods and services may be unilaterally changed by the Seller depending on market conditions. However, the price of an individual unit of Goods, which has been fully paid for by the Buyer, cannot be unilaterally changed by the Seller.
4.7. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer according to the current tariffs of delivery services (carriers) directly to the chosen delivery service (carrier).
The Seller may indicate an approximate cost of delivery of the Goods to the Buyer's address during the Buyer's request to the Seller by sending an email or when placing an order through the internet store operator at https://queentile.com
4.8. Settlements between the Seller and the Buyer for the Goods are carried out in the ways indicated on the website of the online store. The Buyer's obligations for payment of the Goods are considered fulfilled from the moment the funds are received into the Seller's account.
5. Liability of the Parties
5.1. The parties bear responsibility as provided by the current legislation of Ukraine.
5.2. The Seller is not liable for damage caused to the Buyer due to improper use of the Goods ordered on the Site.
5.3. The parties are exempt from liability for non-performance or improper performance of obligations under this Contract during the period of force majeure circumstances.
5.4. All disputes arising from the performance of obligations under this Contract by the parties are resolved through negotiations. If it is impossible to resolve them, the parties have the right to seek protection of their rights and interests in court.
5.5. The Seller is not responsible for the improper or untimely execution of Orders and its obligations in case the Buyer provides false or incorrect information.
6. Data Retention and Personal Data
6.1. The data provided by the Buyer is confidential. The Seller uses information about the Buyer to fulfill the Buyer's Orders.
6.2. Data refers to any information that relates directly or indirectly to a specific Buyer. This may include: name, surname, email address, telephone number, region of residence, IP address, information about devices used by the Buyer (computer, browser type, mobile operating system), messages (information contained in correspondence between the Buyer and Seller), and other communication information provided by the Buyer through the registration form, or information obtained during verbal communication with the Seller.
6.3. The Data Controller is the Seller, TOV "BIG MEGA CITY". Address: Kharkiv 61020, Lyubovi Maloi Ave 93, EDRPOU code: 34758276
6.4. Data processing includes any action with Data including, but not limited to: access, provision, distribution, collection, systematization, storage, accumulation, recording, transmission, blocking, deletion, clarification, updating, and/or alteration, anonymization, and other ways of using the Data by the Seller.
6.5. By filling out the registration form on the Site, the Buyer voluntarily consents to the collection and processing of their personal data by the Seller for the following purpose: the data provided by the Buyer will be used for processing Orders for the purchase of Goods, receiving order information, sending telecommunications (by email, mobile communication) of advertising and special offers, information about promotions, or any other information about the activity of the Site, and other commercial purposes.
6.6. For the purposes specified in this section, the Seller has the right to send letters, messages, and materials to the Buyer's postal address, email, as well as send SMS messages, make calls to the specified number, if necessary for the execution of the Buyer's order. The Seller has the right to record telephone calls with the Buyer to improve the quality of service, to which the Buyer gives their unconditional consent.
6.7. The user (Buyer) does not have the right to use the Site if they do not agree with the terms of this Contract, including the terms of the privacy policy.
6.8. The Seller may also process Data using the following technologies:
6.8.1. Cookies (a small piece of data sent to the user's computer when visiting a web page and/or viewing an advertising module on a web page and stored on the user's computer and/or mobile device);
6.8.2. Pixels (digital images, display matrix elements that form an image) that allow tracking how often the Buyer uses the web page for the purpose of identifying the Buyer's browser and providing services, such as storing Data in the cart between visits, as well as for the purpose of troubleshooting site errors initiated by the Buyer.
6.9. In processing Data, the Seller applies all necessary technical, organizational, and legal measures to protect Data from unlawful and/or unauthorized access to such Data, including alteration, deletion, provision, dissemination, and other unlawful actions.
6.10. The Buyer is responsible for keeping their personal data up-to-date. The Seller is not liable for the poor performance or non-performance of its obligations due to the outdatedness or inaccuracy of the Buyer's information.
7. Duration of the Contract
7.1. The Contract becomes effective from the moment the Buyer accepts the terms of this offer (proposal) and remains in effect until the parties have fully performed their obligations under this Contract.
7.2. The parties may terminate this Contract early by mutual consent in accordance with applicable law.
8. Other Terms
8.1. The Seller has the right to unilaterally change the terms of this Contract without prior notice to the Buyer. The new version of the Contract takes effect from the moment it is published on the Website. If the Buyer disagrees with the changes, they must immediately cease any interaction with the Website.
8.2. All informational materials provided on the Website are for reference only and may not fully convey information about the properties and characteristics of the Product, including color, size, shape, and others. If the Buyer has questions concerning the properties, characteristics of the Product, or other matters, they have the opportunity to contact the Seller by the phone numbers listed on the Website before placing an order to obtain complete information about the product.
Seller's Address and Details:
Name: TOV "BIG MEGA CITY"
Address: 61020, Kharkiv, Lyubovi Maloi Ave, 93
Bank Account: UA413515330000026001052328714 at AT KB "Privatbank", MFO 351533
EDRPOU 34758276
VAT Certificate № 1420354500084
TIN 347582720358
Phone: (057)777-60-60
e-mail: snab@megacity.in.ua
For more detailed information about the terms of cooperation, please fill out the request form or contact a sales manager in your region.
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