Public offer
Under this Agreement, one party, the Seller, on the one hand, and any person, who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively - the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude with Buyers a contract of sale of goods, photos of which are posted in the relevant section of the Website https://miychay.com/.
Sellers who intend to sell Goods using the Website https://miychay.com/ and Buyers when purchasing Goods, images of which are posted on the relevant pages https://miychay.com/, accept the terms of this Agreement as set forth below.
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GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking the “ORDER” button in the relevant section of the Website https://miychay.com/ means that the Buyer, regardless of status (individual, legal entity, or sole proprietor), in accordance with applicable international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement set forth below.
1.2. The Public Offer Agreement is public, meaning that pursuant to Articles 633 and 641 of the Civil Code of Ukraine, its terms are одинаковы for all Buyers regardless of their status (individual, legal entity, or sole proprietor). By fully accepting this Agreement, the Buyer agrees to the terms and procedure for placing orders, payment, delivery of goods by the Seller, liability for bad faith orders, and for failure to comply with the terms of this Agreement.
1.3. This Agreement comes into force from the moment the Buyer clicks the “ORDER” button, thereby agreeing to purchase the Goods offered by the Seller, and remains valid until the Buyer receives the Goods from the Seller and fully settles payment.
1.4. To regulate contractual legal relations under this Agreement, the Parties choose and, where necessary, apply Ukrainian legislation. If an international treaty ratified by the Verkhovna Rada of Ukraine establishes rules different from those provided by Ukrainian legislation, the rules of the international treaty shall apply.
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TERMS AND DEFINITIONS
“Public Offer Agreement” — a public agreement, the sample of which is posted on the Website https://miychay.com/, mandatory for all Sellers, containing the Seller’s offer to purchase Goods displayed on the Website and addressed to an indefinite number of persons, including Buyers.
“Acceptance” — the Buyer’s acceptance of the Seller’s offer to purchase the Goods displayed on the Website https://miychay.com/, by adding them to the virtual shopping cart and submitting the Order.
“Goods” — the subject of trade (product, model, accessory, components, related items, or any other merchandise) offered for sale on the Website https://miychay.com/.
“Buyer” — any legally capable individual, legal entity, or sole proprietor under applicable international and Ukrainian law who has visited the Website https://miychay.com/ and intends to purchase certain Goods.
“Seller” — any legally capable individual, legal entity, or sole proprietor under applicable international and Ukrainian law who owns or distributes Goods and intends to sell them via the Website https://miychay.com/.
“Order” — a properly completed and submitted request by the Buyer on the Website https://miychay.com/ for the purchase of Goods addressed to the Seller.
“Legislation” — the norms established by Ukrainian or international legislation regulating contractual legal relations under this Agreement.
“Significant Defect of Goods” — a defect that makes it impossible or unacceptable to use the Goods for their intended purpose, arose due to the manufacturer’s (Seller’s) fault, and reappears after being remedied for reasons beyond the consumer’s control.
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SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, under the terms and conditions of this Agreement, to sell the Goods based on the Order placed by the Buyer on the corresponding page of the Website https://miychay.com/, and the Buyer undertakes to purchase and pay for the Goods under the terms of this Agreement.
3.2. The Seller guarantees that the Goods are not pledged, are not subject to dispute or arrest, and are free from any third-party rights.
3.3. The Seller and the Buyer confirm that this Agreement is not fictitious, sham, or concluded under pressure or deception.
3.4. The Seller confirms that they possess all necessary permits for conducting business activities regulating the legal relations arising during the execution of this Agreement and guarantees the right to manufacture and/or sell the Goods without restrictions in accordance with Ukrainian law, and undertakes responsibility in case of violation of the Buyer’s rights during execution of this Agreement and sale of the Goods.
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RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller shall:
— comply with the terms of this Agreement;
— fulfill the Buyer’s orders upon receipt of payment from the Buyer;
— transfer the Goods to the Buyer according to the selected sample on the corresponding page of the Website https://miychay.com/, in accordance with the placed order and terms of this Agreement;
— verify the qualitative and quantitative characteristics of the Goods during packaging at the warehouse;
— inform the Buyer about possible additional commissions when paying for European orders using Mastercard, Visa, Visa Electron, Mastercard Electronic, and Maestro cards by providing such information in this Agreement.
4.2. The Seller has the right:
— to unilaterally suspend the provision of services under this Agreement in case the Buyer violates its terms.
4.3. Seller:
Miy Chay
Sole Proprietor Andrii Belov
4 Universytetska St., Chernivtsi, 58000
Registration Number: 3187909151
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RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer shall:
— timely pay for and receive the Order under the terms of this Agreement;
— familiarize themselves with the information about the Goods posted on the Website https://miychay.com/;
— upon receipt of the Goods from the delivery person, ensure the integrity and completeness of the Goods by inspecting the package contents. In case of damage or incomplete contents, these must be documented in a report signed jointly by the Buyer and the delivery person.
5.2. The Buyer has the right:
— to place an Order on the corresponding page of the Website https://miychay.com/;
— to demand that the Seller fulfills the terms of this Agreement;
— to be informed about possible additional commissions when paying for European orders using Mastercard, Visa, Visa Electron, Mastercard Electronic, and Maestro cards.