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PUBLIC OFFER CONTRACT for ordering, purchase-sale, and delivery of products
Dear user of the website www.safranbook.com, we draw your attention that the use of the website in any form means that you are familiar with and agree to the terms of use of this website and accept this Public offer. This Public offer is mandatory for both parties. In case you disagree with the terms of this Public offer, you must refrain from using the website www.safranbook.com.
The Product – the object of the agreement between the parties, which was chosen by the buyer on the website of the Online Store and placed in the shopping cart or already purchased by the Buyer from the Seller by remote means.
The Website – a web-site which has the address in the internet www.safranbook.com, where separate pages (in sections) contain the rules (conditions) of registration, ordering, payment, delivery, return of products, warranty, etc., as well as information about the Buyer (contact information, orders, delivery addresses, etc.), with the help of which the User can make a purchase of the desired products.
The Online Store – the website of the Seller at the address www.safranbook.com, created for the conclusion of retail and wholesale purchase-sale agreements based on the Buyer's familiarization with the description of the Products offered by the Seller through the Internet.
The Administration – the administration of the Online Store «safranbook.com» placed on the website www.safranbook.com, the SAFRAN LTD, registered in Ukraine at the address: 07442, Kyiv region, Brovary district, Velyka Dymerka, Yaroslava Mudroho str., bd. № 6.
The Seller – a legal entity created and operating in accordance with the current legislation of Ukraine and selling products presented on the Online store website namely the SAFRAN LTD (EDRPOU code 42080979), legal address of which is: 07742, Kyiv region, Brovary district, Velyka Dymerka, Yaroslava Mudroho str., bd. № 6. The name of the Seller is indicated in the documents for the transfer of products to the Buyer (waybill, acceptance-transfer certificate, express invoice, etc.,...). The name of the Seller is indicated in the documents for the transfer of the products to the Buyer (delivery note, transfer of ownership act, express waybill, etc., which confirm the fact of transfer of the products to the Buyer).
The Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of a product presented on the Online Store website for purposes unrelated to conducting business activities, or is a legal entity or individual entrepreneur.
The Offer – information about the product placed by the Seller on the Website, including information about the product, its price, method of payment and delivery, information about discounts and promotional offers on the product, as well as other conditions for purchasing the product. The conditions of the promotions posted on the website are established by the Seller. The Offer is information about possible terms of purchasing the product.
The Order – a properly completed and placed request by the Buyer (filled in the corresponding fields on the Website in the section «Cart»), addressed to the Seller, with a proposal to sell the selected list of products on the Website, indicating their quantity.
The Content – the product presented on the Website www.safranbook.com in the form of textual, pictorial, audio and video files, provided in various formats and presented for viewing and other actions by the User.
The Right holder is the owner of the Content.
1.1 This agreement is an official offer of the SAFRAN LTD (hereinafter referred to as the «Seller») to enter into the distance Purchase and Sale Agreement for the products via the Seller's online store www.safranbook.com (hereinafter referred to as the «Online Store»).
1.2. This agreement is public offer agreement (as defined by articles 633 and 641 of the Civil Code of Ukraine), and its terms are equal for all the Buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one Buyer over another.
1.3. By entering into this Agreement, the Buyer fully accepts the terms and conditions of placing an order, payment for the products, delivery of the products, return of the products, responsibility for dishonest orders, and all other terms of the agreement. The agreement is considered concluded from the moment the «Confirm Order» button is clicked on the order confirmation page in the «Cart» section and the Buyer receives a confirmation of the order in electronic form from the Seller.
1.4. The owner of intellectual property rights to the Content presented on the Website is SAFRAN LTD (EDRPOU code 42080979), whose legal address is: 07742, Kyiv region, Brovary district, Velyka Dymerka town, Yaroslava Mudroho str., bd. № 6.
2.1. The Seller undertakes to transfer ownership of the Products to the Buyer, and the Buyer undertakes to pay for and accept the Products on the terms of this Contract. This Contract regulates the purchase and sale of products in the Online Store, including: voluntary selection of Products by the Buyer in the Online Store; independent placement of an 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 on the terms of this Contract.
2.2. The date of conclusion of the offer agreement (acceptance of the offer) and the moment of the full and unconditional acceptance of the terms of the Contract by the Buyer is considered to be the date of filling out the order form by the Buyer, located on the Online Store website, provided that the Buyer receives confirmation of the order from the Seller in electronic form.
3.1. The Buyer independently places an order in the Online Store by using the «Cart» form, or by making an order via email or phone number provided in the «Contacts» section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicion about its authenticity.
3.3. The Buyer can place an order without registration, but in this case, the buyer must correctly fill in the required fields in the «Cart» form.
3.4. When placing an order on the Online Store website, the Buyer is obligated to provide the following mandatory information necessary for the Seller to fulfill the order: Buyer's last name, first name; The address to which the products should be delivered (if delivered to the Buyer's address); Contact phone number; Identification code for a legal entity or individual entrepreneur.
3.5. The name, quantity, article number, and price of the selected product are indicated in the Buyer's cart on the Online Store website.
3.6. If either Party of the Agreement requires additional information, they have the right to request it from the other Party. In case the Buyer fails to provide the necessary information, the Seller shall not be responsible for providing quality service to the Buyer when purchasing products through the Online Store.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. An Order is considered accepted for execution, and the Agreement between the Buyer and the Seller is concluded after the Buyer receives an electronic message to the email address from the Seller or by the Seller making a phone call to the mobile phone number specified by the Buyer during registration, with confirmation of the agreement and acceptance of the Order.
3.9. The Seller has the right to reject the Order in case of the actual absence of the products in stock by sending an electronic message or making a phone call to the Buyer. In this case, the rights and obligations of the Parties related to the sale, delivery, and transfer of the ordered products to the Buyer and payment for it to the Seller under this Agreement cease, and the cost of the products, if paid for, is returned to the Buyer.
3.10. In case it is impossible to confirm the Order by the Seller with the Buyer due to an incorrectly indicated email address and / or phone number, the Seller has the right to cancel such unconfirmed Order.
3.11. By entering the Agreement by placing the Order, the Buyer confirms the following:
3.11.1. The Buyer is fully acquainted with and agrees to the terms of this proposal (offer);
3.11.2. He gives permission for the collection, processing, and transfer of personal data, and the permission for the processing of personal data applies throughout the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering the contract, the Buyer confirms that he has been informed (without additional notification) about the rights established by the Law of Ukraine «On Personal Data Protection» about the purposes of data collection, and that his personal data is transferred to the Seller for the purpose of enabling the conditions of this Contract to be fulfilled, mutual settlements, as well as for obtaining invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a personal data subject, in accordance with the Law of Ukraine «On Personal Data Protection» is known and understood by him.
4.1. Prices for Products and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Products are indicated on the Website in Ukrainian Hryvnia.
4.2. Prices for Products and services may be changed by the Seller unilaterally depending on the market situation. In this case, the price of a separate unit of the Product, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Product indicated on the Online Store website does not include the cost of delivering the Product to the Buyer. The cost of delivering the Product is paid by the Buyer according to the current rates of delivery services directly to the delivery service chosen by the Buyer.
4.4. The Buyer's obligation to pay for the Product is considered fulfilled from the moment the funds are received by the Seller's account.
4.5. Settlements between the Seller and the Buyer for the Product are made by the methods indicated on the Online Store website in the section «Payment and Delivery».
4.6. The Buyer can make payment for the ordered Product: by Visa or MasterCard bank card on the Website at the time of placing the Order; by transferring funds directly to the Seller's bank account before receiving the Product.
4.7. The Buyer understands and agrees that the operator for accepting and conducting payments for products presented on the Website is, depending on the circumstances, one of the acquiring companies connected to the Website and chosen independently by the Buyer during the payment process for the Product.
4.8. The Product must be fully paid by the Buyer before it is transferred by the Seller.
4.9. Upon receipt of the Product, the Buyer must, in the presence of a representative of the delivery service, check the compliance of the Product with its quality and quantitative characteristics (product name, quantity, completeness).
4.10. The Buyer or their representative, when receiving the Product, confirms by their signature in the sales receipt / or in the order / or in the shipping document for products, that there are no complaints about the quantity, appearance, and completeness of the Product.
4.11. Ownership rights and the risk of accidental loss or damage to the Products pass to the Buyer or its representative from the moment of receipt of the Products by the Buyer at the place of delivery of the Products during self-delivery of the Products from the Seller, or upon transfer of the Products by the Seller to the delivery service chosen by the Buyer.
5.1. Payment is made through the Liqpay server or through the Privat24 online banking system. Payment is made in the national currency of Ukraine – hryvnia.
5.2. The Buyer pays 100% of the cost of the Products in favor of the Seller when placing an Order. In case of non-receipt of funds, the Seller reserves the right to cancel the order.
5.3. The delivery fee is paid by the Buyer upon receipt of the Products from the delivery company.
6.1. Delivery of products purchased through the Online Store is carried out through a delivery company in accordance with the delivery's current rates.
6.2. Delivery of orders within Ukraine is carried out by: Nova Poshta LLC, Ukrposhta JSC. International delivery of orders is carried out by: Nova Poshta LLC, Ukrposhta JSC. The cost of delivery for each order is calculated independently by the carrier based on the weight of the order, region, and delivery method.
6.3. Delivery of the ordered products is made within 5 (five) calendar days from the moment of processing and coordination of the order by the Seller with the Buyer at the address indicated by the Buyer.
6.4. Delivery of an order for an amount exceeding 1000 (one thousand) hryvnias is free of charge.
6.5. The Seller makes every effort to comply with the delivery times indicated on the Website, however, delivery delays may occur as a result of unforeseen circumstances beyond the Seller's control (force majeure circumstances). The Seller informs the Buyer in case of force majeure circumstances and agrees on new delivery terms by email or by means of telephone communication.
6.6. The moment of receipt of the products by the Buyer is the signing by the Recipient/Buyer of a document confirming the fact of acceptance of the ordered products by him/her (transportation invoice, acceptance-transfer act, shipment declaration, etc.) or the actual receipt of the products by the Recipient/Buyer and his/her actions confirming the acceptance of the products. To receive the Products, the Recipient must present a document certifying his/her identity (passport) upon receipt of the Products.
6.7. The Buyer has the right to appoint a third party as the Recipient of the purchased products. In this case, the Buyer is obliged to indicate in the Order form the data necessary for the identification of the recipient and the delivery of the products to him/her. In such a case, the provisions of Article 636 of the Civil Code of Ukraine shall apply to the relations between the Parties.
6.8. In case the Order is canceled by the Buyer or rejected by the Seller, the paid cost of the Products shall be refunded, and the already spent funds on delivery incurred until the moment of cancellation of the Order by the Buyer shall be returned by the Buyer to the Seller.
6.9. In case of cancellation of the Order or return of the Product, the funds shall be refunded to the Buyer.
6.10. When returning the product, the funds shall be refunded to the Buyer only after the receipt of the Product and the proper processing of the return request by the Seller.
6.11. The refund can be made by one of the following methods: to the bank card used for payment by the Buyer; by postal transfer.
6.12. The term for the refund depends on the chosen method of refund (within a few hours to 3 banking days – for refund to a card, and within 15 banking days for refund by postal transfer).
7.1. The Seller is obligated:
7.1.1. Deliver the Products to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
7.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and during the execution of the Buyer's order.
7.1.3. Check the qualitative and quantitative characteristics of the Products during its packaging.
7.2. The Seller has the right to:
7.2.1. Unilaterally change the terms of this Agreement, as well as the prices for Products and services, by posting them on the he Online Store website. All changes take effect from the moment of their publication.
7.2.2. Unilaterally terminate the provision of services under this Agreement in case of the Buyer's violation of its terms. Require the Buyer to fulfill the conditions of this Agreement.
7.3. The Buyer is obligated:
7.3.1. Familiarize himself/herself with the information about the Products posted on the Online Store. Familiarize and accept the terms of this Agreement or refuse to place an Order if the terms of the Agreement are unacceptable.
7.3.2. Provide all necessary data that unambiguously identify him/her as the Buyer and are sufficient for the delivery of the ordered Products to the Buyer.
7.3.3. Pay for the Order in the specified manner and within the specified time frame. Accept the selected Products in the Order.
7.3.4. Upon receipt of the Products, verify its completeness by inspecting the contents of the package. In case of any shortage or damage to the Products, record it in the act, which should be signed by the representative of the carrier company together with the Buyer.
7.4. The Buyer has the right to:
7.4.1. Place an Order on the Online Store. Demand that the Seller fulfill the conditions of this Agreement.
8.1. The Products shall be return to the Online Store under the regulations of the applicable law of Ukraine.
8.2. The Products shall be return to the Online Store is at the Buyer’s cost.
8.3. Exchange or return of Products is possible within 14 days, excluding the day of purchase. Exchange or return of Products is carried out if it has not been used and if its commercial appearance, consumer properties, seals, labels and settlement document issued by the Seller together with the Products have been preserved.
8.4. In case of return of Products of proper quality by the Buyer, the Online Store returns to the Buyer the amount paid for the Products upon returning the products, minus compensation for the expenses of the Online Store associated with the delivery of the products to the Buyer.
8.5. Based on the Decree of the Cabinet of Ministers of Ukraine № 172 dd. March 19, 1994, «On the Implementation of Certain Provisions of the Law of Ukraine “On Consumer Protection”», printed publications of proper quality are not subject to exchange or return.
8.6. In case of finding printing defects in book products, the Seller, at the Buyer's request, exchanges the products for products of proper quality or refunds the money in the amount of the cost of the returned product. Printing defects are defects that are caused by non-compliance with the production technology, which leads to distortion or loss of information: smearing of ink, non-printing of ink, unclear print, glued pages, uneven trimming, upside-down sheets, absence of sheets, or their repetition, mismatch of the book title on the cover with its content, etc.
8.7. Return of Products of inadequate quality is carried out during the warranty period established for this type of Products, in the order and terms established by the legislation, accompanying documents for the Products, and/or specified by the Supplier when providing information about the Products.
8.8. In order to return the Products, the Buyer must notify the Seller by calling the appropriate number indicated on the Website or by emailing info@safranbook.com with the mark «Demand for the Products return».
8.9. The returned Products must have a product appearance, labels, tags, packaging with a barcode must be preserved, the Products must not have any signs of use, etc.
8.10. When returning (shipping by delivery service) Products supplied in individual packaging (manufacturer's packaging), such Products must be additionally packaged and the appearance of the Products in the individual packaging must be preserved. The Seller has the right to refuse to accept returned Products if it was packaged improperly, resulting in marks and/or damage (including those that occurred during transportation such as scratches, dents, markings, additional fixation with tape of the cargo and/or accompanying documents, etc.) and the appearance of the products, which the Buyer failed to preserve, is not preserved.
9.1. The Parties are responsible for the non-fulfillment or improper fulfillment of the terms of this Agreement in the manner provided by this Agreement and the applicable legislation of Ukraine.
9.2. The Seller is not responsible for: the changed appearance of the Products by the manufacturer; minor differences in the color of the Products, which may differ from the original due to differences in color rendering on the Buyer's personal computer monitors; the content and accuracy of the information provided by the Buyer when placing an Order; delays in processing orders and delivering Products that occur for reasons beyond the control of the Seller; the actions of companies that provide delivery of products to the Buyer, including delivery time, as well as the preservation of the integrity of the Products during transportation by delivery services; any unlawful actions committed by the Buyer using the given access to the Internet; the transfer by the Buyer of their network identifiers - IP, MAC addresses, login and password to third parties.
9.3. The Seller's liability for changes in the terms of the sales offer and sale of Products is limited to the Buyer's right to refuse to purchase the Products and demand a refund of the money paid for them.
9.4. The Buyer agrees and guarantees not to take any actions that may be considered a violation of Ukrainian law or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead to or may lead to the disruption of the normal functioning of the Website and its services.
9.5. The Buyer is prohibited from offering or using the information posted on the Website for commercial purposes without the written consent of its authors/rights holders and the Website Administration.
9.6. The use of materials from the Website without the written consent of the Administration is not allowed. In agreed citation of materials from the Website, a reference to the Website is mandatory.
9.7. The responsibility for money transfers made by the Buyer rests entirely with the banking institutions and payment systems whose services the Buyer chooses to use.
9.8. The Website Administration is not responsible for the operation of internet providers, processing centers, payment systems, communication operators, banking institutions, Visa/MasterCard payment services, as a result of which necessary information did not arrive or arrived with a delay, was lost or damaged. Any claims and disputes regarding payment transactions and receipt of refunds are referred by the Buyer to the chosen company, and if they cannot be resolved peacefully, they are resolved in accordance with the provisions of section 8 of this Agreement.
9.9. The only means of compensation provided to the Buyer in case of non-compliance with the actual conditions of sale of this Agreement is to provide the Buyer with the right to refuse to receive the corresponding Product and demand a refund of the paid value. The Buyer has the right to exercise this right until the moment of signing the documents confirming receipt of the products.
9.10. The Website Administration is not responsible for the performance of the equipment on which the Website is located, the availability of the Website, the operation of data transmission channels and other technical means for providing access to the Website by the Buyers.
9.11. The liability of the Website Administration cannot exceed the value of the Products purchased on the Website and does not include any lost profits, indirect damages, or damages caused to third parties.
9.12. The Seller or the Buyer are released from liability for complete or partial non-fulfillment of their obligations if such non-fulfillment is a consequence of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The party that cannot fulfill its obligations immediately informs the other party about it.
10.1. The information specified by the Buyer in the registration form (full name, mobile phone number, email, postal address, etc.) is their personal data. Personal data is confidential information, and the collection and further processing of personal data is carried out by the Administration in accordance with the Law of Ukraine «On Protection of Personal Data» and other legislative acts of Ukraine. The source of personal data collection is information directly and voluntarily provided by the Buyer.
10.2. By providing their personal data on the Online Store website during registration or Order processing, the Buyer gives their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions provided by the Law of Ukraine «On Protection of Personal Data» without limitation of the term of such consent, for the purpose of supporting long-term cooperation with the Website Administration. The Buyer also agrees to the use of their personal data to process Orders for the purchase of Products, receive advertising and special offers, information about promotions, sweepstakes, and other information about the Administration's activities.
10.3. The Buyer gives the Administration the right to process their personal data, including: recording personal data in the Administration's databases (without additional notification of the Buyer), performing lifelong storage of data, their accumulation, updating, and change (if necessary).
10.4. For the purposes provided for in clause 10.2 of the Agreement, the Buyer gives the Administration the right to send them any information of a commercial and/or informational nature, as well as information about other consumer offers, by mail, email, phone, SMS, Viber messages, making calls to the mobile phone number specified in the registration form.
10.5. The Buyer can set a ban (restriction) on the use of their personal data directly after registration or at any other time. To do this, the Buyer must contact the support service by phone number indicated on the Website with the corresponding message. The Buyer is also provided with other rights provided by Article 8 of the Law of Ukraine «On Protection of Personal Data».
10.6. The owner of the personal data provided by the User is SAFRAN LTD (EDRPOU code 42080979), with a legal address at 07442, Kyiv region, Brovary district, Velyka Dymerka, Yaroslava Mudroho str., bd. № 6.
10.7. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for any improper performance or non-performance of its obligations in connection with the outdated information about the Buyer or its inconsistency with reality.
10.8. The Seller undertakes not to disclose the information received from the Buyer. The provision of information by the Seller to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill its obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine, is not considered a violation.
10.9. User data provided in the registration form is confidential. Only authorized persons of the Administration and the Buyer have access to this data, and it may be provided upon request of law enforcement and/or other authorities in accordance with applicable law.
11.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
11.2. All rules and conditions for carrying out / performing separate actions / operations posted in the relevant sections of the Website are an integral part (as Appendices) of this Agreement, which determine the obligations for both parties. In case the conditions specified in the text of this Agreement and the conditions indicated in its appendices (sections of the Website) differ, the parties shall be guided by the conditions specified in the appendices. The sale of products by the Seller to the Buyer is regulated by this Agreement, as well as by the Law of Ukraine «On Electronic Commerce», the Law of Ukraine «On Consumer Protection», the Rules for the Sale of Products on Order and Outside of Commercial or Office Premises, and other legislative acts insofar as they do not contradict the specifics of electronic commerce.
11.3. All disputes that arise between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the disputed issue through negotiations, the Buyer and / or the Seller have the right to apply to the courts for resolution of the dispute in accordance with the current legislation of Ukraine.
11.4. The Online Store reserves the right to unilaterally make changes to this agreement provided that it is published on the website www.safranbook.com in advance.
11.5. The Online Store is created for the organization of distance sales of products through the Internet.
11.6. When placing an order, the Buyer confirms that: - they have read and agreed to all the terms set out in this Public Offer and unconditionally accept them; - all actions to be taken by them will not contradict the terms of this Agreement.
11.7. The Seller and the Buyer maintain communication using email, telephone (SMS, etc.), applications, announcements, and/or messages. The Buyer agrees that all information or other information provided in electronic form has legal force and is equated to documents drawn up in writing.
11.8. Payment by the Buyer for an order placed in the online store signifies the Buyer's full agreement with the terms of this Sales-Purchase Agreement (Public Offer).
11.9. By registering on the Website, the Buyer agrees to receive updated information, informational newsletters with the latest news, new arrivals, special offers, and announcements of sales through any means of communication, including electronic messages (email), SMS messages, and others. 11.10. If the Buyer wishes to unsubscribe from messages related to this Agreement/Website, they must contact the Support Service by calling or sending an email to the email address indicated on the Webite, requesting to unsubscribe. The request will be fulfilled within 24 hours of receipt.
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