Public Agreement (Offer) for Ordering, Purchase and Sale, and Delivery of Goods
The online tea store White Dragon (hereinafter referred to as White Dragon) proposes (provides an offer) to conclude a contract for the purchase and sale of Goods on the terms and conditions specified below. The Buyer, acting with the purpose of acquiring Goods, accepts the terms of this proposal to conclude a contract for the purchase and sale of goods (hereinafter referred to as the Agreement) on the following terms.
1. General Provisions:
1.1. The information provided below is an official proposal (offer) by White Dragon to any individual, legal entity, or individual entrepreneur (hereinafter referred to as the Buyer) to conclude a contract for the purchase and sale of goods. This contract is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.
1.2. The provisions of this proposal (offer) define all essential terms of the Agreement and are the same for all buyers.
1.3. In accordance with Article 642 of the Civil Code of Ukraine, the complete and unconditional acceptance of the terms of this proposal (offer), confirming the conclusion of the Agreement for the purchase and sale of goods on the terms proposed below, is the fact of placing and submitting an Order.
1.4. By placing and submitting an Order, the Buyer confirms their agreement and unconditional acceptance of the terms of this proposal (offer).
1.5. By concluding the Agreement (i.e., accepting the terms of this proposal (offer) by placing and submitting an Order), the Buyer confirms the following:
- The Buyer is fully and completely familiar with and agrees to the terms of this proposal (offer);
- They give permission for the collection, processing, and transfer of personal data under the terms defined in the Disclaimer regarding the collection, processing, and transfer of personal data; permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its termination. In addition, by concluding the Agreement, the Customer confirms that they have been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection," of 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, consignment notes, and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notifications to the Customer, without changing the purpose of personal data processing. The scope of the Customer's rights as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by them.
2. Terms and Definitions
In this offer, unless the context requires otherwise, the terms below have the following meanings:
2.1. Public Offer (hereinafter referred to as the Offer) – a public proposal by the Seller, addressed to an indefinite number of persons, to conclude a contract with the Seller for the purchase and sale of goods remotely (hereinafter referred to as the Agreement) under the terms contained in this Offer.
2.2. Website – an Internet site owned by the Seller, located on the Internet at https://chinatea.com.ua/ (hereinafter referred to as the site), where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of Goods to Buyers. The Website is the Seller's online store.
2.3. Service – a set of services provided to the user for using the Website for informational purposes, to obtain Content, and to familiarize themselves with the Goods.
2.4. Content – text, graphic images, audio and video materials, information and messages of any nature posted on the Website.
2.5. User – a capable individual who accepts the terms of this Agreement and has completed the registration procedure on the Website in their own interest or acts on behalf of and in the interests of the legal entity they represent.
2.6. Buyer – a User who has placed an Order on the Website for the purchase of Goods specified on the Website and available from the Seller.
2.7. Seller – White Dragon company, which sells Goods presented on the Website through distance trading.
2.8. Goods – the object of the transaction between the parties, which was selected by the buyer on the website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
2.9. Order – a properly executed request by the Buyer to purchase Goods selected on the Website and available from the Seller, as well as for their delivery to the address specified by the Buyer under the terms specified on the Website in the "Delivery and Payment" section.
2.10. Transaction – an operation for payment of goods ordered by the User on the website.
2.11. Shipment Date – the date of sale of the Goods by the Seller to the Buyer, specified in the corresponding fiscal receipt or consignment note of the Seller.
3. Subject of the Agreement
3.1. The subject of this agreement is to provide the user with the opportunity to receive the Services of the Website, receive the Content of the Website, and also purchase for personal, family, household, and other needs, Goods presented in the Website catalog at https://chinatea.com.ua/, as well as any development and/or addition of new services, Goods, and services.
3.2. This Agreement applies to all Services, Goods, and services presented on the Website.
3.3. A mandatory condition for using the Website and its Services is the complete and unconditional acceptance by the user of the terms of such documents:
- This public agreement (offer) for ordering, purchase and sale, and delivery of goods (hereinafter referred to as the Agreement);
- Privacy Policy posted on the Internet;
- Ordering Goods from the Seller in any way (using the Website services, by phone, or in person) means the User/Buyer's agreement with all the terms of this Agreement.
3.4. In case of disagreement with this Agreement, the User is obliged to stop using the Website and its Services and leave the Website.
3.5. The Seller, through the Website Services, provides users with:
- information services by publishing goods sold by the Seller through the Internet resource https://chinatea.com.ua/, namely: photographs of goods, their cost, availability or absence at the Seller's warehouse, current promotions on goods or groups of goods, terms of ordering goods and their delivery, contact and other necessary information about goods and about the Seller;
- services for the purchase of goods, information about which is presented on the website https://chinatea.com.ua/ and available, namely: the ability to place an order for selected goods directly on the website, as well as by phone verbally to the Seller's manager; receive ordered goods (goods) within the time agreed with the Seller at the address specified by the Buyer with a set of accompanying documents provided by the current legislation of Ukraine.
3.6. The User expressly agrees that they use the Website and any information posted on the website at their own risk.
3.7. The terms of this Agreement are accepted by the User during registration in the manner provided by the Website and this Agreement, as well as in case of ordering Goods from the Seller in any possible way.
3.8. The Agreement is valid for the entire time the User uses the Website Services and/or the entire time the Buyer orders Goods from the Seller.
3.9. The Agreement may be changed by the Seller at any time and without any prior notice to the User. The new version of the Agreement comes into force from the moment of its posting on the Website, unless otherwise provided by the new version of the Agreement.
4. Registration on the Website
4.1. Registration on the Website is mandatory to place an Order. When placing an order by phone, the user also undergoes Registration on the Website with the help of the Seller's employee. At the same time, an Account is also created for the user on the Website. Creating a User Account based on the User's words is also acceptance of this Agreement in full and without any exceptions or limitations.
4.2. During registration, the user is obliged to provide only true, accurate, and complete information about themselves on the questions offered in the registration form and to keep this information up to date. If the user provides incorrect information or the Seller has reason to believe that the information provided by the user is incomplete or unreliable, the Seller has the right, at its own discretion, to block or delete the User's account, as well as refuse the user to use the Website and its Services in whole or in part.
4.3. During registration on the Website, the User provides the following information: last name, first name, patronymic, email address, contact phone number.
4.4. Information about the user contained in the User's account is stored and processed by the Seller in accordance with the Privacy Policy. The Privacy Policy is an integral part of the user's agreement and is provided on the website.
4.5. The User is obliged to immediately notify the Seller of any case of unauthorized use of their Account, as well as of any known cases of compromise (loss of confidentiality) of the password used by the User to access their Account. Until the moment when the Seller receives notification from the User about unauthorized use of their Account, or about password compromise, the User is responsible for all actions performed using the corresponding Account.
4.6. The User is obliged not to transfer their personal data obtained during registration (login and password) for login/identification on the Website to other persons, and bears full responsibility for the loss, disappearance, or transfer by other means of personal data, as well as for the consequences associated with this act. The Seller is not responsible for the actions of third parties who used the user's personal data.
5. Terms of Order Placement and Sale of Goods
5.1. By ordering Goods in any way, the User agrees to the terms of Order placement and sale of Goods established by the Seller.
5.2. The terms of sale of Goods, as well as information about Goods presented on the Website, are a public offer.
5.3. The User agrees to the terms of Order placement and sale of Goods by checking the box "I agree with these terms" when registering on the Website and placing an Order. The Buyer bears full responsibility for providing incorrect information when placing an Order, which resulted in the impossibility of proper fulfillment by the Seller of its obligations to the Buyer.
5.4. In most cases, each unit of Goods presented on the Website is accompanied by a photograph. The photographs accompanying the Goods are simple illustrations of the Goods and may differ from the actual appearance of the Goods.
5.5. Some (or all) units of Goods may be accompanied by descriptions and/or characteristics of the Goods, which do not claim to be exhaustively informative. To clarify information about the Goods, the Buyer should contact the manager by phone +380663466265.
5.6. In the vast majority of cases, each unit of Goods presented on the Website is available from the Seller. In case the Buyer orders Goods that are not available at the Seller's warehouse at the time of Order fulfillment, the Seller has the right to exclude the specified Goods from the Order and/or cancel the Buyer's Order, notifying the Buyer by sending a corresponding electronic message to the address specified by the Buyer during registration, or by a call from the Seller.
5.7. In case of cancellation of a fully or partially prepaid Order, the cost of the cancelled Goods is returned by the Seller to the Buyer in a form that is additionally agreed upon by phone or email.
5.8. The Seller takes all possible legal measures to ensure that all Goods presented on the Website are available at its warehouse.
6. Order Delivery Terms
6.1. Delivery of goods purchased in the online store is carried out by the method chosen by the Buyer.
6.2. Upon receipt of goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with quality and quantity characteristics (product name, quantity, completeness, expiration date).
6.3. The Buyer or their representative, during acceptance of the Goods, confirms with their signature on the sales receipt/ or in the order/ or in the transport invoice for goods delivery that they have no claims regarding the quantity of goods, appearance, and completeness of the goods.
6.4. 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 of receipt of the Goods by the Buyer in the city of Goods delivery during independent delivery of Goods from the Seller, or during the transfer by the Seller of goods to the delivery service (carrier) chosen by the Buyer.
7. Price of Goods and Payment Terms for Orders
7.1. All settlements between the Parties are made in hryvnia.
7.2. The price of the Goods is indicated on the Website.
7.3. The price of Goods presented on the Website may be changed by the Seller unilaterally. However, the price of Goods ordered by the Buyer is not subject to change.
7.4. For individual (or all) items of Goods, the Seller may establish a discount (promotion valid at the time of the Buyer's Order for these items of Goods). The price of Goods with a discount is indicated on the website.
7.5. The Buyer pays for the Order by choosing, at their own discretion and ability, one of the payment methods specified on the Website.
7.6. The cost of Goods indicated on the online store website does not include the cost of Goods delivery to the Buyer. The cost of Goods delivery is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by them.
7.7. If funds are not received, the online store reserves the right to cancel the order.
8. Return of Goods and Money
8.1. Return of goods is carried out in accordance with the Law of Ukraine "On Consumer Rights Protection." Within 14 days, not counting the day of purchase, you can arrange a return of goods under the following conditions:
- the goods have not been in use;
- the integrity of the set and packaging has not been violated;
- the document confirming payment has been preserved;
- the product does not belong to the list of goods of inadequate quality, the return of which is limited by the decision of the Cabinet of Ministers of Ukraine (resolution of March 19, 1994 No. 172).
8.2. Refund of money is carried out by returning the cost of the paid Goods to a bank card, by postal transfer, or in cash at the company's office at the address specified on the Website in the "Contacts" section. The method of refund is agreed upon by the Buyer with the Seller by phone or e-mail.
8.3. Return of goods to the online store is carried out at the Buyer's expense.
9. Limitation of Seller's Liability
9.1. The Seller is not responsible to users for the content and security of information posted on the website, for the accuracy and relevance of information about goods, availability, prices, delivery conditions, and other related services presented on the Website. At the same time, the Seller has the right, at its own discretion, to make changes to the descriptions of goods and services in order to best promote goods on the market.
9.2. The Seller is not responsible for:
- the consequences of application, use, or non-use of information obtained on the website;
- possible discrepancy between the results obtained when using the website and the user's expectations;
- any damage to the user's equipment or software resulting from the use of the website;
- the lack of ability to use the website for any reason.
9.3. The Seller is not liable to the User or third parties for harm, losses, or expenses arising in connection with the use or non-use of the website, including lost profits or lost income.
9.4. The User agrees that any information and images posted on the website may be used by the Seller at its own discretion without paying the User any remuneration.
9.5. The Seller has no obligations to ensure the confidentiality of information provided to its users. The Seller is not responsible for the discrepancy between the services/goods expected by the User and actually received/purchased.
10. Restrictions on User's Use of the Website
10.1. When using the website, the User has no right (and agrees to this):
- to copy and use for commercial purposes any information obtained through this website that violates the rights of other users or may cause them direct material or moral harm;
- to send unsolicited advertising-type mail messages (junk mail, spam) to email addresses specified on the Resource;
- to impersonate another person or a representative of the Seller without sufficient rights, including employees of the Seller and the owner of the website.
10.2. The User agrees not to reproduce, repeat, or copy, sell, or resell, and also not to use for any commercial purposes any parts of the website, use of services, or access to them, except in cases where such permission has been granted to the user by the Seller.
10.3. The User has the right to terminate relations with the Seller and refuse to use its website and services by notifying chinatea.teh@gmail.com. In this case, the user's data will be deleted, and access to services will be blocked.
11. Rights and Obligations of the User
11.1. Hereby, the user is informed and agrees that responsibility for the delivery of goods in case of the User's agreement with delivery and the User's indication of a reliable delivery address for the Goods, as well as in case of the User's provision of acceptance of the Goods and its payment, rests with the Seller. All conflict situations and disputes related to the delivery of goods should be resolved by the user-buyer with the Seller.
11.2. The User (including as a buyer) is obliged to provide the Seller with information about all cases of conflict situations related to the sale of Goods or delivery of Goods.
11.3. Any user has the right to leave reviews about Goods that are posted on the website.
11.4. The User is obliged not to take actions aimed at causing harm to the software or hardware part of the website (distribution of viral programs, hacking of servers, etc.), and also to inform the Seller about any situations known to them that pose a potential threat to the safe functioning of the Website. The User is obliged to clearly fulfill the terms of this Agreement and any additions to it.
12. Rights and Obligations of the Seller
12.1. The Seller guarantees the preservation of confidentiality regarding user data.
12.2. The Seller reserves the right to terminate access to the personal account and block and/or cancel registration without prior notification to the User, and bears no responsibility for termination of access to its services. In this case, the user's information is destroyed, and the user's registration is cancelled.
12.3. In case of violation by the User of the terms of this agreement, the Seller has the right to suspend cooperation and/or use of the website by this user until the User eliminates the violations and compensates the Seller for the losses caused by such violation in full.
12.4. The Seller independently determines the period of publication of user reviews.
12.5. The Seller does not notify users about deletion or refusal to publish reviews. The Seller has the right not to publish the User's review due to inconsistency with the actual experience of using the Seller's services and the Seller's goods, or if the information is not useful to other Website Users.
12.6. The Seller has the right to temporarily suspend the operation of the website for technical, technological, or other reasons – for the time of elimination of such reasons with or without prior notification to Buyers.
12.7. The Seller has the right to assign or transfer in any other way its rights and obligations arising from its relations with the Buyer to third parties.
13. Liability of the User and the Seller
13.1. The Seller is not responsible for harm caused to the Buyer as a result of improper use of Goods purchased from the Buyer using the Website services.
13.2. The Seller is not responsible for information provided by the user on the Website in publicly accessible form.
13.3. The User agrees that all possible disputes regarding this Agreement will be resolved in accordance with the norms of Ukrainian legislation. The User agrees that all possible disputes regarding their activity on the website will also be resolved in accordance with the norms of Ukrainian legislation.
13.4. The Seller does not establish with the user agency relations, partnership relations, relations regarding joint activities, personal employment relations, or any other relations.
13.5. Inaction on the part of the Seller in case of violation of this Agreement by the user or a group of users does not mean that the Seller promotes the user or group of users in such actions.
13.6. The Parties are released from liability for violation of the terms of this Agreement if such violation is caused by force majeure circumstances, including: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or failures of the computer network, strikes, civil unrest, riots, any other circumstances, not limited to those listed, which may affect the Parties' fulfillment of their obligations.
14. Final Provisions
14.1. The provisions of the current legislation of Ukraine apply to the relations between the User (Buyer) and the Seller.
14.2. In case of questions and claims from the User (Buyer), they should contact the Seller by phone or other available means. All disputes arising will be attempted to be resolved by the parties through negotiations; if an agreement is not reached, the dispute will be submitted to a judicial body in accordance with the current legislation of Ukraine.
14.3. Recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of other provisions.
USER'S CONSENT TO THIS AGREEMENT
If the user does NOT agree with all or part of the above conditions, they will NOT be registered on the Seller's Website at https://chinatea.com.ua/, has no right to place orders and will NOT be able to use all the services of the specified Website.