Offer
Under this Agreement, one party, MARYMAX* Store – 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 referred to as the Parties, have entered into this Agreement, addressed to an unlimited number of persons, which is an official public offer by the Seller to conclude a contract with the Buyers for the sale and purchase of Goods, the range and detailed information about which is available on the website marymax-home.
When purchasing the Goods, the range and detailed information about which is available on the website marymax-home, the Buyers accept the terms of this Agreement as set out below.
GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement.
1.2. The public offer agreement is public, i.e., in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms and conditions are the same for all Buyers regardless of their status (natural person, legal entity, natural person—entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the terms and conditions for placing an order, payment, and delivery of goods by the Seller, as well as liability for failure to comply with the terms of this Agreement.
TERMS AND DEFINITIONS
“Public Offer Agreement” – a public agreement, a sample of which is posted on the marymax-home/ website, containing the Seller’s offer to purchase the Goods, the range and detailed information about which is available on the marymax-home/ website, addressed to an indefinite circle of persons.
“Acceptance” means the Buyer’s acceptance of the Seller’s offer to purchase the Goods, the range and detailed information about which is available on the marymax-home website, by adding them to the virtual shopping cart and sending the Order.
“Website” means the website marymax-home.
“Goods” means food and beverages offered for sale in accordance with the range and prices specified on the website marymax-home.
“Seller” means the MARYMAX store.
“Buyer” – any legally capable natural person, legal entity, or individual entrepreneur who has visited the marymax-home website and intends to purchase a particular Product.
“Order” – a duly completed application by the Buyer to purchase Products, addressed to the Seller.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, under the terms and conditions set forth in this Agreement, to sell the Goods on the basis of the Order placed by the Buyer, and the Buyer undertakes, under the terms and conditions set forth in this Agreement, to purchase the Goods and pay for them.
ORDER PROCESSING PROCEDURE
4.1. The Buyer may place an order independently on the Website or by phone with the help of an operator.
4.2. Orders are accepted by the Seller daily without breaks or days off from 11:00 a.m. to 10:00 p.m.
4.3. To place an Order via the Website, the Buyer must:
– select the Goods presented on the Website, their quantity, and click “Order”; the Goods will be automatically added to the “Basket” section;
– fill in the details in the appropriate electronic order form, select the method of payment for the Goods;
– after completing the order, select the “Place order” function.
4.4. The order is considered placed and accepted for execution by the Seller if:
4.4.1. after the Buyer has completed the order placement on the Website, the Seller confirms the acceptance of the order by sending an SMS or by calling the Buyer.
4.5. The Buyer is fully responsible for the accuracy and reliability of the data provided by them when placing the order.
4.6. The Seller undertakes to provide the Buyer with all information related to the goods, the placement and execution of the order, and necessary for making a selection and placing an order.
ORDER DELIVERY
5.1. The goods are delivered by the Seller using the Nova Poshta postal service. If it is impossible to contact the Buyer at the phone number specified by them when placing the order, the Order is considered canceled.
5.2. The Buyer shall pick up the order from the pickup location specified by the Buyer when placing the order from the options provided by the Seller’s call center operator during order confirmation.
5.3. Information about the delivery of goods offered on the Website and the minimum order amount is available on the Website at: marymax.ua/payment/. Detailed information about delivery addresses is provided by calling the phone numbers listed on the Website.
5.4. The Seller’s working hours and delivery times are indicated on the Website and are additionally announced by the operator when accepting the order.
5.5. Delays in the delivery of Goods are possible in the event of unforeseen circumstances that occurred through no fault of the Seller.
5.6. Delivery of the Order to the Buyer is carried out to the address specified in the order.
5.7. Ownership of the Goods, as well as the risk of accidental damage or loss, passes to the Buyer from the moment the Goods are transferred.
5.8. Upon acceptance of the Order, the Buyer is obliged to check the Goods for compliance with the order and the integrity of the packaging. If there are no complaints about the delivered Goods, the Buyer shall pay for the Order. Payment for the Goods by the Buyer indicates that no complaints about the Goods have been made and that the Seller has fully and properly fulfilled its obligation to transfer the Goods.
PAYMENT FOR GOODS
6.1. The price of the Goods is indicated in hryvnia.
6.2. The total cost of the order consists of the cost of all Goods specified in the Buyer’s order confirmed by the Seller’s call center operator, taking into account the current cost of these Goods specified on the Website at the time of placing the order, all taxes and fees, as well as the cost of order completion.
6.3. The total cost of the order is communicated to the Buyer by the Seller’s call center operator when placing the order.
6.4 The customer can pay for the goods on the website through the WayForPay service.
6.5. Payment for the Goods shall be made in the national currency of Ukraine.
6.6. If the Buyer has chosen a non-cash form of payment for the order, the Goods shall be transferred to the Buyer only upon payment of the full cost of the Goods. In this case, payment for the Goods shall be deemed to have been made at the moment the corresponding funds are credited to the Seller’s account.
6.7. The Seller has the right to suspend the execution of the order and/or cancel the order unilaterally in case of non-fulfillment or improper fulfillment by the Buyer of the obligation to pay for the corresponding order before the delivery of the Goods by courier to the delivery address specified by the Buyer (if courier delivery is chosen as the delivery method) or until the Buyer requests the Goods at the order pickup location (if pickup from the order pickup location is chosen).
6.8. The cost and range of goods on the Website may be changed by the Seller at its discretion at any time without the need to notify the Buyer. At the same time, the cost of goods specified on the Website at the time of placing a specific order is valid for placing this order.
RETURN POLICY
Aroma diffusers containing aromatic liquids or essential oils are classified as perfumery and cosmetic products and are not subject to return or exchange in accordance with Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994. If a manufacturing defect is found, the goods are subject to exchange or refund in accordance with the Law of Ukraine “On Protection of Consumer Rights.”
To process a return, you must:
- Have a receipt/delivery note and a document confirming your identity.
- Call the MARYMAX support number and inform them of your intention to return or exchange the goods.
- Send the order to the address provided by the support service.
RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Under this Agreement, the Seller undertakes to sell the Goods offered for sale on the Website in accordance with the Buyer’s duly completed Order and the terms of this offer, and the Buyer undertakes to accept and pay for the Goods ordered by them.
8.2. This Agreement applies to all Goods displayed on the Website at the time the Buyer places the Order.
8.3. The Seller undertakes to:
– sell the Goods provided for in the terms of this Agreement;
– ensure the possibility of ordering and paying for the Goods;
– provide advice on using the Website and placing Orders;
8.4. The Seller has the right to:
– refuse to sell and/or transfer the ordered Goods due to the Buyer’s improper performance of their obligations under this Agreement;
– make changes to this Agreement unilaterally;
– make changes to the information posted on the Website unilaterally and at its own discretion;
– engage third parties to fulfill its obligations to the Buyer;
– change the terms and/or delivery time of the Goods to the Buyer, provided that the Buyer is notified of such changes by the telephone number specified by the Buyer when placing the order;
8.5. The Buyer undertakes:
– to comply with the terms of this Agreement;
– to accept Goods of proper quality that correspond to the Buyer’s order;
– to pay for the Goods before or upon receipt;
– to check the quantity and names of the ordered Goods upon receipt.
8.6. The Buyer has the right to: – require the Seller to sell the Goods in accordance with the terms of this Agreement.
RESPONSIBILITY OF THE PARTIES
9.1. In case of failure to fulfill or improper fulfillment of their obligations under the Agreement, the Parties shall be liable as provided by applicable law and this Agreement.
9.2. The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the Goods purchased by the Buyer.
9.3. In cases not provided for in this Agreement, the Parties shall be liable as established by the applicable laws of Ukraine.
9.4. The Seller shall consider the Buyer’s claims within 30 (thirty) business days from the date of receipt of such claims.
9.5. The Buyer shall be liable for the accuracy of the data entered in the Order form.
DISPUTE RESOLUTION PROCEDURE
10.1 All disputes that may arise in connection with this Agreement or its performance shall be resolved by the Buyer and the Seller through negotiations. Pre-trial dispute resolution is mandatory.
10.2. All disputes shall be considered upon receipt of a written claim sent by registered mail.
10.3. If the Buyer and the Seller are unable to reach an agreement on the disputed issues through negotiations, these issues shall be resolved in accordance with the current legislation of Ukraine.
CONFIDENTIALITY AND INFORMATION PROTECTION
11.1. The Buyer gives their consent to the Seller to collect, process, accumulate, store, and use their personal data (name, mobile phone number, and other personal data), as well as to transfer it to third parties solely for the purpose and within the limits of ensuring the Seller’s fulfillment of their obligations under the terms of this offer. The Buyer’s personal data is processed in accordance with the Law of Ukraine dated June 1, 2010, No. 2297-VI “On the Protection of Personal Data.” The personal data of Buyers is stored in the Seller’s database. The personal data of Buyers is collected solely for the purpose of fulfilling the terms of this offer, complying with regulations in the field of tax relations, accounting relations, and advertising relations.
11.2. The Seller has the right to send informational, including advertising, messages to the Buyer’s mobile phone with their consent. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by sending a written statement of refusal to receive advertising and other information to the Seller at the address indicated on the Website. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.
11.3. The Seller is not responsible for the information provided by the Buyer on the Website in a publicly accessible form.
11.4. The Seller has the right to record telephone conversations with the Buyer, having previously informed the Buyer about this.
11.3. The Seller shall not be liable for information provided by the Buyer on the Website in a publicly accessible form.
11.4. The Seller shall have the right to record telephone conversations with the Buyer, having previously notified the Buyer of such recording. In doing so, the Seller undertakes to prevent attempts to gain unauthorized access to information obtained during telephone conversations and/or transfer it to third parties who are not directly involved in the fulfillment of Orders, in accordance with the Law of Ukraine dated October 2, 1992, No. 2657-XII “On Information.”
TERM OF THE AGREEMENT
12.1. This Agreement shall be deemed concluded upon completion of the order by the Buyer and confirmation of acceptance of the order for execution by the Seller.
12.2. The Agreement shall remain in force until the parties have fully fulfilled all the terms and conditions of this Agreement.
COPYRIGHT
13.1. All text information and graphic images posted on the marymax-home/ website are the property of the MARYMAX Store.
FORCE MAJEURE
14.1. The Seller shall be exempt from liability for partial or complete failure to fulfill its obligations under this Agreement if such failure is the result of circumstances beyond its control. Force majeure circumstances are understood to mean extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations provided for in the terms of the agreement, the occurrence and existence of which are beyond the Seller’s control. Force majeure circumstances include, among others: threat of war, armed conflict or serious threat of such conflict, acts of terrorism, sabotage, fire, explosion, prolonged interruptions in transport operations, regulated by the terms of relevant decisions and acts of state authorities, embargo, ban (restriction) of export/import, etc., decisions of authorities, changes in national legislation, failure of technical systems used by the Seller, criminal actions of third parties in relation to the Seller, as well as those caused by exceptional weather conditions and natural disasters, traffic jams, etc.
ADDITIONAL TERMS AND CONDITIONS
15.1. The Seller shall be entitled to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
15.2. The website may be temporarily partially or completely unavailable due to technical, preventive, or other work, or for any other technical reasons.
15.3. For all issues not covered by the terms of this offer, the Buyer and the Seller shall be guided by the current legislation of Ukraine.
15.4. In the event of special conditions being established regarding the range, cost of Goods, other conditions of the order in connection with promotions, etc., such actions shall not be considered a violation of paragraph 2 of Article 633 of the Civil Code of Ukraine.
15.5. When placing an order, regardless of the method of placement (verbally by telephone or electronically on the Website)
The Buyer confirms the following:
– The Buyer is familiar with the terms and conditions of this offer to conclude the Agreement and accepts them in full and without reservation;
– The Buyer is familiar with and agrees to the range and cost of the Goods, the terms of payment and delivery, and other terms and conditions of sale of the Goods specified on the Website;
– All information provided by the Buyer when placing the order (list of Goods, personal data, delivery address, telephone number, etc.) is accurate and complete. The Buyer has provided all the necessary order details regarding the assortment, quantity of Goods, etc., which he intended to provide when placing the order. Changes to the order or cancellation of the order after its confirmation are not allowed.
FOP KRAMARENKO GALINA IVANIVNA
EDRPOU/DRFO 2807000423
Legal address: Ukraine 49018 Dnipropetrovsk region, Dnipro Novokodatsky district, 10 Monitorna St.
marymaxbrand.shop@gmail.com
380675639660
