Public offer
for the conclusion of a retail sale and purchase agreement
General provisions
1.1. This Public Offer for the conclusion of a contract for the retail sale of goods at a distance (hereinafter referred to as the Offer) is an official offer of the Private Enterprise “Third Planet” represented by Director Yevhen Valeriyovych Rapinchuk, who has the right to use the mark for goods and services “Universe Space Tech” (hereinafter referred to as the Seller), to conclude a contract for the retail sale of goods (hereinafter referred to as the Agreement) on the Website – online store “Universe Space Tech” https://universemagazine.com/ (hereinafter referred to as the Website).
1.2. In this Offer, the following terms have the following meanings:
Acceptance – acceptance by the Buyer of the Offer of the Seller to purchase the Goods, the image and characteristics of which are posted on the Website https://universemagazine.com/, by placing an Order.
Buyer – an individual who has entered into this Agreement with the Seller on the terms set out below.
Order – a set of actions of the Buyer, consisting of: selecting the product(s) on the Website, placing the product(s) in the virtual basket, indicating by the Buyer all the necessary data in the Order form (application) and clicking on the “Pay” button on the Website https://universemagazine.com/, automatically moving to the next payment page, performing actions aimed at paying the price of the Product(s) under the Order.
Goods – a trade item (product, model, accessory, any other trade items) for the purchase of which the Seller’s offer is posted on the Website https://universemagazine.com/.
Online Store – a means for the presentation and/or sale of the Product(s) by means of an electronic transaction. On this Website https://universemagazine.com/, the sections “Magazines”, “Books”, “Souvenirs” are intended for the retail sale of the Goods on the basis of the Buyer’s familiarisation with the main characteristics and description of the Goods (s) offered for purchase.
1.3. The moment of full and unconditional acceptance by the Buyer of this Offer (acceptance) and the moment of conclusion of this Agreement shall be the moment of placing the Order by the Buyer.
Subject of the Agreement
2.1. The Seller undertakes to sell the Product(s) under the terms and conditions and in the manner specified in this Agreement under the Order placed by the Buyer on the relevant page of the Website https://universemagazine.com/, and the Buyer undertakes to purchase the Product(s) and pay its price (value) under the terms and conditions and in the manner specified in this Agreement.
2.2. The Seller warrants that the Goods (s) not pledged are not subject to a dispute, are not under arrest, and that there are no rights of third parties to them.
2.3. The Seller and the Buyer acknowledge and confirm that this Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or fraud.
2.4. The Seller confirms that they have all the necessary permits for conducting business activities that regulate the scope of legal relations arising and operating in the course of the performance of this Agreement, and also guarantees that it has the right to sell the Goods (s) without any restrictions, in accordance with the requirements of the current legislation of Ukraine.
Rights and obligations of the Parties
3.1. The Seller is obliged to:
3.1.1. Fulfil the terms and conditions of this Agreement;
3.1.2. Execute the Buyer’s Order in case of receipt of full payment of the price of the Goods from the latter;
3.1.3. To transfer or send the Goods to the Buyer by delivery services in accordance with the sample and assortment selected by the Buyer on the Website page https://universemagazine.com/, the Order placed and the terms of this Agreement;
3.1.4. To check the qualitative and quantitative characteristics of the Goods during their packaging for shipment by delivery services;
3.1.5. Notify the Buyer of a possible additional commission when paying by payment cards by informing in this Agreement.
3.2. The Seller has the right to:
3.2.1. Unilaterally suspend the provisions of this Agreement in case of violation and/or non-fulfilment by the Buyer of the terms and conditions of this Agreement.
3.3 The Buyer is obliged to:
3.3.1. Timely pay for and receive the Goods under the Order placed by the Buyer under the terms of this Agreement;
3.3.2. To get acquainted with the information about the Product(s) posted on the Website https://universemagazine.com/.
3.3.3 Upon receipt of the Goods from the person and/or at the branch of the delivery service that delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete completeness of the Goods, record them in the act, which must be signed by an authorised person of the delivery service / service together with the Buyer.
3.4. The Buyer has the right to:
3.4.1. place an Order on the relevant page of the Website https://universemagazine.com/;
3.4.2. Require the Seller to fulfil the terms of this Agreement;
3.4.3. To be informed about a possible additional commission when paying for the cost of the Goods under the Order.
The procedure for placing an Order
4.1 The Buyer independently places an Order on the relevant page of the Website https://universemagazine.com/ by adding the selected Product(s) to the virtual basket by clicking the “Add to Cart” button, filling in the data specified in the Order form (including the Buyer’s personal data, delivery address, etc.) and paying the cost of the Product(s) under the Order.
4.2. The term for the formation of the Goods under the Order is up to 3 (three) working days from the date of its execution and payment. In case the Order is placed on a weekend or a holiday, the period of formation shall begin on the first working day after the weekend.
Price and payment procedure
5.1. Prices for the Product(s) are determined by the Seller independently and are indicated on the Website https://universemagazine.com/. Prices for the Goods include taxes determined by the current legislation of Ukraine.
5.2 The prices for the Product(s) may be changed by the Seller unilaterally depending on market conditions and other factors that affect pricing. At the same time, the price of the Goods paid by the Buyer in full cannot be changed by the Seller unilaterally.
5.3 The price of the Agreement shall be determined by adding the prices of all selected Goods placed in the virtual basket.
The price (cost) of delivery and packaging by delivery services / services is not included in the price of the Goods and is paid by the Buyer separately upon receipt of the Goods.
5.4. The Seller may provide discounts (temporarily reduce the price of the Goods by holding promotions (contests, drawings, etc.) or sending the Buyer the relevant promotional code).
The Seller shall have the right to determine at its discretion the conditions for conducting such promotions and using the promotional code by the Buyer. In any case, the discount under the relevant promotional code may be received by the Buyer only once, and the promotional code does not apply to the Product(s), the price of which has already been reduced under the terms of the promotion (contest, drawing, etc.).
5.5. Payment for the Goods under the Order shall be made by the Buyer by full payment (100% prepayment) of the price of the Goods under such Order.
5.6. By placing an Order, the Buyer has the opportunity to choose one of the payment methods offered by the Seller on the Website page https://universemagazine.com/.
By choosing the appropriate method of payment for the Goods (s), the Buyer agrees to the procedure and term of payment, as well as the cost of services (commission amount) of the relevant payment system/service or operator.
5.7. The Seller reserves the right to cancel any Order of the Buyer if the latter has not made a full prepayment of the price of the Goods provided for in clause 5.5. of the Agreement.
Note. When the Buyer pays for the order with a payment card, an additional fee may be charged by the issuer of this card (for example, Visa, Mastercard, etc.). Clicking the “I agree to the terms of the Public Offer” button on the page of the Website https://universemagazine.com/ in the relevant section means that the Seller has informed the Buyer about the possibility of charging an additional fee when the Buyer pays for the Orders by the relevant payment card issuers.
Terms and conditions of delivery
6.1. Delivery in Ukraine is carried out by the delivery service “Nova Poshta” (at the expense of the Buyer) in accordance with the terms of the carrier, details are on the Website page https://universemagazine.com/.
6.2. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
6.3. The Buyer or his/her representative, upon acceptance of the Goods, shall confirm with his/her signature in the consignment note for the delivery of the Goods or the invoice upon receipt of the Goods that he/she has no claims to the quantity of the goods, appearance and completeness of the goods.
6.4 In case of detection of defects in the Goods (including damage) upon receipt of delivery, the Buyer is obliged to immediately draw up a corresponding Defects Report with the delivery service, as well as immediately notify the Seller by means of communication of the identified defects in the delivery of the Goods for further determination of the methods / procedure for the exchange / replacement with the Goods of good quality.
6.5. All questions arising in the process of receiving the Goods (s) can be clarified by the Buyer using the contact details in the Contacts section.
Return of the Goods
7.1. The return of the Goods of inadequate quality (in case of such detection) is carried out in accordance with Art. 8 of the Law of Ukraine “On Protection of Consumer Rights”.
In this case, the Buyer must contact the Seller using the contact details in the “Contacts” section to resolve issues regarding the exchange / replacement of the Goods or refund of the price of the Goods.
7.2. In accordance with Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange the Goods of good quality within 14 (fourteen) days from the date of receipt by the Buyer of the delivery of the Goods.
The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).
7.3. If the Buyer intends to return the Goods, such a return shall be made in accordance with the information on the Website section.
7.4. When exercising the right to return the Product(s), the Buyer must transfer the Product(s) in proper condition, provided that the Product(s) has never been in use, does not contain traces of use and its presentation, consumer properties, seals, labels, films, the integrity of the packaging of both the product itself and its components is not violated, does not contain scratches, chips, abrasions, and is fully functional. The Buyer shall return the Goods of good quality in the same way as the Seller sent such Goods.
7.5.The costs of the Buyer’s return of the Goods of good quality under the terms of clause 7.4 shall be reimbursed by the Seller, namely: the money paid by him for the price of the Goods, after receiving the Goods from the Buyer and establishing that the returned Goods are of good quality in accordance with the terms of clause 7.4, as well as the attached document on payment for the Goods (or a copy thereof), within 10 (ten) banking days.
The commission of the payment service/operator and/or the bank of the issuer of the Buyer’s payment card, as well as possible costs associated with delivery services/services are non-refundable.
7.6. When the Buyer returns the Goods of good quality
7.7. Refunds shall be made by means of a money transfer to the bank account from which the Buyer made payment for the Goods when ordering, or to any bank account belonging to the Buyer if the payment for the Goods was made by the Buyer not from a bank account. In the latter case, the refund shall be made after the Buyer provides the Seller with the relevant bank details.
Liability of the Parties and dispute resolution
8.1. The Parties shall be liable for non-fulfilment or improper fulfilment 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:
8.2.1. For minor differences in the colour scheme of the Product(s), which may differ from the image of the Product(s) on the Website https://universemagazine.com/ due to the different type and different settings of the monitors of personal computers and other devices of the Buyer;
8.2.2. For the content, truthfulness, reliability, accuracy (including in terms of size, selected types of Product(s), etc.) of the information provided by the Buyer when placing the Order;
8.2.3. For delays and interruptions in the processing of the Order, delivery and transfer of the Goods that occur for reasons beyond the Seller’s control;
8.2.4. For illegal actions committed by the Buyer during the execution of the Order.
8.3. The Buyer, using the Internet access provided to him, is solely responsible for the damage caused by his actions to third parties or their property.
The Buyer is personally responsible for maintaining the confidentiality of his e-mail / login and password used to enter the Buyer’s personal account.
The Seller is not responsible for the correctness of the Buyer’s data specified during the execution of the Order, the consequences of untimely updating of such data by the Buyer and the consequences of third parties’ access to the Buyer’s personal account.
8.4. In the event of force majeure, the Parties shall be released from liability for failure to comply with the terms of this Agreement during the term of the relevant circumstances.
For the purposes of this Agreement, force majeure circumstances shall mean events of an extraordinary and unforeseen nature that objectively make it impossible to fulfil the obligations stipulated by this Agreement.
8.5. In the event of disputes related to the performance of this Agreement by the Parties, except for disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim shall be 7 (seven) calendar days from the date of its receipt. For disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.
8.6. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be resolved in the appropriate court in accordance with the current legislation of Ukraine.
Quality of the Goods, warranty period and procedure for accepting claims
9.1. The quality of the Goods shall comply with the requirements established by the legislation of Ukraine for the relevant type of goods.
9.2. The warranty service does not apply to the Goods in respect of which the rules of use/operation (if applicable to a particular type of Goods have been violated, physical, mechanical, thermal effects (including interference, repair, damage, etc.), exposure to water, dirt, sand, dust, effects of rodents, as well as illegal actions of the Buyer and/or third parties have been committed.
9.3. The Seller shall accept the relevant offers and claims from the Buyers within the period specified in clause 9.1 hereof, by sending the relevant notifications by the Buyer to the Seller’s contacts specified in the Agreement.
Term of the Agreement
10.1 This Agreement shall be valid until the Parties have fulfilled their obligations in full, except in case of its early termination.
10.2. This Agreement may be terminated by mutual agreement of the Parties and in other cases provided for by this Agreement and the current legislation of Ukraine.
10.3. The Buyer shall have the right to terminate this Agreement early and return the Goods of good quality. Termination of the Agreement in the above case shall be effected by the Buyer sending a notice to the Seller’s location address specified in this Offer within fourteen days from the date of receipt of delivery of the Goods by the Buyer.
Other terms and conditions
11.1. The Seller reserves the right to unilaterally amend this Agreement, which shall enter into force upon their publication on the Website https://universemagazine.com/ and shall apply to Orders placed from the date of publication of the relevant changes on the Website https://universemagazine.com/.
11.2. When placing an Order, the Buyer agrees to the collection and processing of their personal data in accordance with the Law of Ukraine “On Personal Data Protection” and the Privacy Policy of the Website and the Rules for using the Website – the Universe Space Tech online store (https://universemagazine.com/)
The processing of personal data is carried out for the following purposes: the data that becomes known will be used for commercial purposes, including for processing Orders for the purchase of the Product(s), obtaining information about the Order, sending advertising and special offers, information about promotions, drawings or any other information about the activities of the Website https://universemagazine.com/ by telecommunication means (e-mail, mobile communication).
For the purposes provided for in this clause, the Buyers have the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send SMS messages, make calls to the phone number specified in the questionnaire.
In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
11.3. The Buyer grants the right to process his/her personal data, including: placing personal data in databases (without additional notification), lifetime storage of data, their accumulation, updating, changing (as necessary). The Seller undertakes to ensure the protection of data from unauthorised access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorised by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).
Contacts.
Private Enterprise “Third Planet”
м. Kyiv, 64 Radistiv Str.
Tel: +380 97 517 3581
Email: [email protected]
