"Public Offer Agreement"
Public Offer
General Provisions
1.1. This offer is an official proposal by Lune Yoga inc., hereinafter referred to as the "Seller," to enter into a distance sale agreement, i.e., through the online store, hereinafter referred to as the "Agreement," and places a Public Offer (proposal) on the Seller’s official website “lunayoga.store” (hereinafter referred to as the “Website”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract for the sale of goods is considered to be the fact of payment by the Buyer for the order under the terms of this Agreement, within the timeframes and at the prices specified on the Seller’s Website.
Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
- "Goods" – yoga mats, clothing, accessories, and accompanying items;
- "Online Store" – in accordance with the Law of Canada "On Electronic Commerce," a means for presenting or selling goods, work, or services through an electronic transaction.
- "Seller" – the company that sells the goods presented on the Website.
- "Buyer" – an individual who enters into the Agreement with the Seller under the conditions set forth below.
- "Order" – the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the Agreement
3.1. The Seller agrees to transfer the Goods to the Buyer, and the Buyer agrees to pay for and accept the Goods under the terms of this Agreement. This Agreement regulates the sale of goods in the Online Store, including:
- voluntary selection of goods by the Buyer in the Online Store;
- independent placement of the order by the Buyer in the Online Store;
- payment by the Buyer for the order placed in the Online Store;
- processing and delivery of the order to the Buyer under the terms of this Agreement.
Order Placement Procedure
4.1. The Buyer has the right to place an order for any goods available on the Online Store Website.
4.2. Each item may be represented in the order in any quantity.
4.3. If the item is out of stock, the Company Manager must inform the Buyer (by phone or email).
4.4. If the item is unavailable, the Buyer has the right to replace it with an item of a similar model, refuse the item, or cancel the order.
Order Payment Procedure
5.1. Payment is made upon receipt of the goods at the transport company’s office in cash in UAH.
5.2. Payment can be made by bank transfer to the Sole Proprietor’s bank account.
5.3. Payment can be made using Visa, Mastercard, and other cards, as well as to a Monobank card.
5.4. If payment is not received, the Online Store reserves the right to cancel the order.
Delivery Terms
6.1. Delivery of goods purchased from the Online Store is made to the transport companies' warehouses, where orders are issued.
6.2. Along with the order, the Buyer will be provided with documents in accordance with Ukrainian legislation.
Rights and Obligations of the Parties
7.1. The Seller has the right to:
- unilaterally terminate the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
7.2. The Buyer is obliged to:
- timely pay for and receive the order under the terms of this Agreement.
7.3. The Buyer has the right to:
- place an order in the Online Store;
- conclude an electronic contract;
- demand that the Seller fulfill the terms of this Agreement.
Liability of the Parties
8.1. The parties are liable for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with this Agreement and the current legislation of Ukraine.
8.2. The Seller is not liable for:
- changes to the external appearance of the Goods made by the manufacturer;
- slight discrepancies in the color of the goods, which may differ from the original due to different color reproduction on computer monitors of various models;
- the content and accuracy of the information provided by the Buyer when placing the order;
- delays and disruptions in the provision of Services (order processing and delivery) due to reasons beyond its control;
- changes in the price of the goods after the order is placed, when the price changes by the supplier during shipment or due to fluctuations in the exchange rate of foreign currency;
- illegal actions performed by the Buyer using this access to the Internet;
- transfer of the Buyer’s network identifiers – IP, MAC addresses, login, and password to third parties;
8.3. The Buyer, using the provided access to the Internet, is solely responsible for any harm caused by their actions (personally, even if another person was under their login) to individuals or their property, legal entities, the state, or moral principles.
8.4. In case of force majeure circumstances, the parties are exempt from performing the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances are events of an extraordinary, unforeseen nature that exclude or objectively prevent the fulfillment of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The parties will make every effort to resolve any disputes exclusively through negotiations.
Other Conditions
9.1. The Online Store reserves the right to unilaterally amend this Agreement, provided that it is published on the website https://lunayoga.com.ua.
9.2. The Online Store is created for organizing the distance sale of goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing the order. By accepting (placing an order and making payment), the Buyer gives the Seller unconditional consent to collect, process, store, and use their personal data in accordance with the Law of Ukraine "On Protection of Personal Data."
9.4. Payment by the Buyer for the order placed in the Online Store signifies the Buyer’s full agreement with the terms of the sale agreement (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce."
9.6. Using the Online Store resource for previewing goods and placing orders is free for the Buyer.
9.7. Information provided by the Buyer is confidential. The Online Store uses the information about the Buyer solely for order processing, sending notifications to the Buyer, delivering goods, conducting settlements, and so on.
Return Policy for Goods of Adequate Quality
10.1. Returns of goods to the Online Store are carried out in accordance with current Ukrainian legislation.
10.2. Returns of goods to the Online Store are at the Buyer’s expense.
10.3. Upon return of goods of adequate quality, the Online Store will refund the amount paid for the goods upon receipt of the returned goods, minus compensation for the Online Store’s expenses related to the delivery of the goods to the Buyer.
Term of the Agreement
11.1. The electronic contract is considered concluded from the moment the person who made the offer receives a response accepting this offer, as defined in part the Law of Canada "On Electronic Commerce."
11.2. Until the expiration of this Agreement, it may be terminated by mutual agreement of the parties before the actual delivery of the goods by refunding the money.
11.3. The parties have the right to terminate this Agreement unilaterally in case of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided by current Ukrainian legislation.
Please note that the online store "Luna Yoga" on the official website https://lunayoga.store has the right, in accordance with Canadian legislation, to provide access to the online platform for individual entrepreneurs and legal entities for the sale of goods.