PUBLIC USER AGREEMENT
(OFFER) for ordering, purchasing, selling and delivering goods
By posting the following Public Agreement for the purchase and sale of goods, as well as the information contained on this Birch Grove website (in the Birch Grove online store, hereinafter referred to as the store) located at the following address birch-grove-export.com (hereinafter referred to as the website), The Seller, Birch Grove Company, makes an offer to an unlimited number of individuals or legal entities to purchase goods posted on the website/in the store, under the terms of this public agreement for the sale and purchase of goods.
The use by the user (customer), hereinafter referred to as the Buyer, of the services of the Birch Grove website/store indicates the Buyer's full acceptance of this agreement and confirms their agreement with the following terms and conditions.
1. DEFINITION OF TERMS
1.1. Public offer (hereinafter referred to as the ‘Offer’) - a public offer by the Seller, addressed to an indefinite circle of persons, to conclude a contract of sale of goods with the Seller by remote means (hereinafter referred to as the ‘Contract’) on the terms contained in this Offer.
1.2. Order - the Customer's decision to order goods and their delivery, made in the online store and/or an order for the purchase and delivery of goods.
2. GENERAL PROVISIONS
2.1. The information below is an official offer (proposal) from the Birch Grove online store to any individual (hereinafter referred to as the Buyer) to conclude a contract for the sale of goods. This contract is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers.
2.2. In accordance with Article 642 of the Civil Code of Ukraine, the fact of placing and confirming an order constitutes full and unconditional acceptance of the terms of this offer, confirming the conclusion of a contract for the sale of goods on the terms proposed below.
2.3. By placing an Order, the Buyer confirms their agreement and unconditional acceptance of the terms of this offer.
2.4. By concluding the Agreement (i.e., accepting the terms of this Offer (Proposed Opportunities) by placing an Order), the Buyer confirms the following:
The Buyer is fully and completely familiar with and agrees to the terms of this offer (proposal);
He gives permission for the collection, processing and transfer of personal data under the conditions specified below in the Warning regarding the collection, processing and transfer of personal data; permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiry. In addition, by concluding the Agreement, the Customer confirms that he is aware (without additional notification) of the rights established by the Law of Ukraine ‘On the Protection of Personal Data’, about the purposes of data collection, and that its personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notification to the Customer, without changing the purpose of personal data processing. Scope
The Customer's rights as a subject of personal data in accordance with the Law of Ukraine ‘On the Protection of Personal Data’ are known and understood to him.
3. PRICE AND AVAILABILITY OF GOODS
3.1. The price for each item of Goods is indicated on the Birch Grove online store website.
3.2. The Seller has the right to unilaterally change the price of any item of Goods.
3.3. In the event of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer of the change in the price of the Goods.
3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods if the price is changed by the Seller after the Order is placed.
3.5. The Seller indicates the cost of delivery of the Goods on the Birch Grove online store website or informs the Buyer when the order is placed by the Manager.
3.6. The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment the Seller receives the funds.
3.7. Settlements between the Seller and the Buyer for the Goods shall be made in the manner specified on the Birch Grove online store website in the ‘Delivery and Payment’ section.
4. PLACING AN ORDER
4.1. The Buyer places an order for the Goods through the Manager by calling the numbers listed on the website or through the Birch Grove online store website service.
4.2. When registering on the online store website, the Buyer undertakes to provide the following registration information:
4.2.1. Surname and first name of the Buyer or the person specified by them (recipient);
4.2.2. The address to which the Goods should be delivered (if delivery is to the Buyer's address);
4.2.3. Contact telephone number.
4.3. The name, quantity, item number and price of the Goods selected by the Buyer are indicated in the Buyer's basket on the Birch Grove online store website.
4.4. If the Seller requires additional information, it has the right to request it from the Buyer. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing quality service to the Buyer when purchasing goods in the online store.
4.5. When placing an Order through the Manager (clause 4.1. of this Offer), the Buyer undertakes to provide the information specified in clause 4.2. of this Offer.
4.6. The Buyer accepts the terms of this Offer by entering the relevant data in the form on the online store website or when placing an Order through the Manager. After placing an Order through the Manager, the Buyer's data is registered in the Seller's database.
4.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
4.8. The remote sale and purchase agreement between the Seller and the Buyer shall be deemed concluded from the moment the order is placed electronically on the online store's website or the Seller issues the Buyer a cash or sales receipt or other document confirming payment for the Goods.
5. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1. Delivery of goods:
5.1.1. After placing an order, the buyer can pay for and receive their goods at the address specified on the website.
5.1.2. Ownership and risk of accidental loss or damage to the goods shall pass to the Customer or its Representative upon receipt of the goods by signing the sales receipt and/or order (and/or order for the purchase and delivery of goods) for delivery by the Parties.
5.3. Delivery of the goods is carried out with the involvement of third parties (delivery services).
5.4. Upon receipt of the goods, the Customer must, in the presence of the courier representative, check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness).
5.5. Upon receipt of the goods, the Customer or the Customer's Representative confirms that they have no complaints about the quantity, appearance and completeness of the goods.
6. RETURN OF GOODS
6.1. The Customer has the right to refuse the goods at any time before their transfer, and after the transfer of the goods - in accordance with the procedure and conditions established by the Law of Ukraine ‘On Protection of Consumer Rights’.
6.2. New goods of good quality may be returned if their marketable appearance and consumer properties have been preserved, as well as the document confirming the fact of purchase and the terms of the order for the specified goods.
6.3. The customer does not have the right to refuse goods of proper quality that have individually defined properties if the specified goods can be used exclusively by the consumer who purchased them (including non-standard sizes and other features at the customer's request). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store.
6.4. The return of goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the ‘Exchange and Return’ section.
6.5. If the Customer refuses goods of proper quality, the Seller shall refund the cost of such Goods, excluding the Seller's costs for delivery of the returned goods.
6.6. The refund specified in clause 6.5 shall be made within 10 working days after the store receives the returned goods.
7. RESPONSIBILITY OF THE PARTIES
7.1. The Seller shall not be liable for information describing the technical characteristics of the goods and photos of the goods on the Birch Grove website; the information is for informational purposes only.
7.2. The Seller shall not be liable for any damage caused to the Buyer as a result of using the Goods pre-ordered on the Birch Grove website and purchased from the Seller.
7.3. The Seller shall not be liable for improper or untimely fulfilment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.
7.4. The Seller and the Buyer shall be liable for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.5. The Seller or the Buyer shall be exempt from liability for full or partial failure to fulfil their obligations if the failure is the result of force majeure circumstances such as: war or military action, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The party that is unable to fulfil its obligations shall immediately notify the other party thereof.
Personal data
In accordance with the requirements of the Law of Ukraine ‘On the Protection of Personal Data’, by filling out an application on the website to consider the possibility of purchasing goods on credit and clicking the button ‘Confirm order’ on the website, I consent to the processing of my personal data specified in the application by financial institutions that provide credit on the Birch Grove website for the purpose of ensuring the implementation of civil legal relations, providing/receiving and making payments for purchased goods/services, including through credit. I do not object to the financial institutions listed in this Agreement checking information in any credit history bureaus in Ukraine in order to ascertain information relating to the fulfilment of my obligations under contracts (including credit contracts), if any, thereby understanding that the scope of information to be verified may include information relating to banking secrecy, and that the verification will be complete and sufficient to understand my social and financial status, solvency and possible further financial liability, if necessary.
R I also agree that the Owner has the right to provide access to and transfer my personal data to third parties without any additional notifications, without changing the purpose of their processing as defined in the Regulations and this Agreement. This includes verification of the information I have provided, and I do not object to the transfer of this information to third parties for possible necessary clarification.
R I agree to request and receive from credit bureaus included in the Unified Register of Credit Bureaus (hereinafter referred to as the ‘Bureau’) data and information in the form of summary indicators based on the information contained in my credit history and/or based on information available from open sources, from third parties, using calculation models available to the Bureau, as well as to use the specified information by the Owner and/or third parties to determine and offer me marketing/special offers (financial limits) for the purchase of goods and/or services on the Birch Grove website.