Offer Agreement


Public Offer Agreement
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 referred to as the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is the official public offer of the Seller to conclude a contract of sale of Goods with Buyers, photos of which are posted in the relevant section of the Website http://n-noelle.com /.

Sellers who intend to sell Goods using a Website http://n-noelle.com / and Buyers when purchasing Goods whose images are posted on the corresponding pages http://n-noelle.com /, accept the terms of this Agreement as follows.

GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement. Clicking on a Website page http://n-noelle.com / in the corresponding section of the "ORDER" button, it means that the Buyer, regardless of the status (individual, legal entity, individual entrepreneur), according to the current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are listed below.

1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of the goods by the Seller, responsibility for an unfair Order and for non-fulfillment of the terms of this Agreement.

1.3. This Agreement comes into force from the moment of clicking on the "ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes a full settlement with him.

1.4. To regulate contractual legal relations under the Contract, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international treaty apply.

TERMS AND DEFINITIONS
"Public Offer Agreement" is a public agreement, a sample of which is posted on the Website http://n-noelle.com/и the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Product, the image of which is posted on the Website http://n-noelle.com /, sent to an indefinite circle of persons, including Buyers.

"Acceptance" - - acceptance by the Buyer of the seller's offer to purchase the Product, the image of which is posted on the Website http://n-noelle.com /, by adding it to the virtual shopping cart and sending the Order.

"Product" - a trade item (product, model, accessory, components and related items, any other trade items), about the purchase of which on the Website http://n-noelle.com / the seller's offer has been posted.

"Buyer" - any capable individual, legal entity, individual entrepreneur, according to the current international and Ukrainian legislation, who visited the Website http://n-noelle.com / and having the intention to purchase a particular Product.

"Seller" means any capable individual, legal entity, individual entrepreneur, according to the current international and Ukrainian legislation, who are the owners or distributors of Goods and using the Website http://n-noelle.com / have the intention to sell it.

"Order" - properly executed and posted on the Website http://n-noelle.com / Buyer's request for the purchase of Goods addressed to the seller.

"Legislation" - the norms established by Ukrainian or international legislation to regulate contractual legal relations under the Contract.

"Significant defect of the Product" - a defect that makes it impossible or unacceptable to use the Product in accordance with its intended purpose, arose due to the fault of the manufacturer (Seller), after its elimination, it appears again for reasons independent of the consumer.

SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the corresponding page of the Website on the terms and in the manner defined by this Agreement http://n-noelle.com /, and the Buyer undertakes to buy the Goods and pay money for them on the terms and in the manner defined by this Agreement.

3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to it.

3.3. The Seller and the Buyer confirm that the current Contract is not a fictitious or fake transaction or a transaction made under the influence of pressure or deception.

3.4. The Seller confirms that he has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating during the execution of this Agreement, and also guarantees that he has the right to manufacture and / or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be responsible in case of violation of the Buyer's rights during the execution of this Agreement and the sale of the Goods.

RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller is obliged to:

comply with the terms of this Agreement

to fulfill the Buyer's orders in case of receipt of payment from the Buyer;

transfer the Goods to the Buyer according to the selected sample on the corresponding page of the Website http://n-noelle.com /, the completed order and the terms of this Agreement;

check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;

notify the buyer of a possible additional commission when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing in this agreement.

4.2. The Seller has the right to:

unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.

4.3. Seller:

A business entity from among the persons offering to purchase on the Website http://n-noelle.com / Goods according to the uniform agreed rules set out in this public offer agreement.*

RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obliged to:

timely pay and receive the order on the terms of this Agreement;

to get acquainted with the Product information posted on the Website http://n-noelle.com/;

upon receipt of the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete configuration of the Goods - fix them in the act, which together with the Buyer must be signed by the person who delivered it to the Buyer.

5.2. The Buyer has the right to:

place an order on the corresponding page of the Website http://n-noelle.com/;

require the seller to fulfill the terms of this Agreement;

to inform about possible additional commission when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.

ORDER PROCESSING PROCEDURE
6.1. The Buyer independently places an order on the corresponding page of the Website http://n-noelle.com / by adding Products to the virtual shopping cart by clicking the "Add to Cart!" button, or by placing an order by e-mail, or by phone number specified in the contact section of the Website http://n-noelle.com /.

6.2. The Order formation period is up to 2 working days from the moment of its registration. If the order is sent on a weekend or a holiday, the formation period begins from the first working day after the weekend.

CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Website http://n-noelle.com /. The Contract price is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.

7.2. The cost of the Order may vary depending on the price, quantity or product range.

7.3. The Buyer can pay for the order in the following ways:

1) by bank transfer of money to the Seller's current account specified in the invoice, including via Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).

2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place of the order of the goods.

3) The following type of credit card:
Visa

Visa Electron

Mastercard

Mastercard Electronic

Maestro

4) in any other way by agreement with the Seller.

Note. When the Buyer pays for an order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for an order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. When clicking on a Website page http://n-noelle.com / in the corresponding section of the "ORDER" button means that the Seller has notified the Buyer about the possibility of charging an additional commission when paying for European orders by the Buyer, the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card.

TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery, or receives it personally. The procedure for payment and receipt is indicated on the corresponding page of the Website http://n-noelle.com/.

8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, performed by other Delivery Services (hereinafter the Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.

8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own signature in the consignment note, the declaration of the Carrier Company, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the amount specified and paid by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.

8.4. In the absence of the Buyer at the delivery address indicated by the Buyer in the application or the Buyer refuses to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipping center. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The rest of the amount is returned to the Buyer on the basis of his letter sent to e-mail: support@n-noelle.com indicating the current account to which the funds should be returned.

All questions arising in the process of payment and receipt of the Goods, the Buyer can find out using the contact information in the Contacts section.

TERMS OF RETURN OF GOODS
9.1. 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 fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that cannot be exchanged (returned).

9.2 Exchange and return:According to the legislation of Ukraine, jewelry of proper quality specified in the list of Non-food products approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172, cannot be returned or exchanged.
For a certain category of products "N.Noelle" there is a restoration service, which is registered in the passport of the goods. This is not possible if:
The product has changed its properties due to improper use: being in the pool, interaction with alkaline detergents, substances containing chlorine and iodine, creams and ointments containing mercury and its compounds, as well as as a result of the influence of other external factors.

LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current international and Ukrainian legislation.

10.2. In the event of any disputes related to the implementation by the Parties of this Agreement, with the exception of disputes on 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 is 7 (seven) calendar days from the date of its receipt. In disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.

10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those concerning its execution, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

FORCE MAJEURE CIRCUMSTANCES
11.1. The parties are not responsible for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are really beyond the control of such a party that occurred after the conclusion of this Agreement, unpredictable and inevitable.

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or unfavorable weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.

11.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing about the occurrence of the above circumstances, as well as within 30 (thirty) calendar days prior to provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.

11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which the execution was postponed due to the listed circumstances.

11.4. If, due to force majeure circumstances, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.

Despite the onset of force majeure, before the termination of this Agreement due to force majeure, the Parties make final settlements.

OTHER CONDITIONS OF THE CONTRACT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending advertising messages, etc.).

12.2. By own acceptance of the Agreement or by registering on the Website http://n-noelle.com/ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data with the subsequent purpose: the data that becomes known will be used for commercial purposes , including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunications means of communication (e-mail, mobile communications) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website http: // n-noelle.com/.

For the purposes provided for in this clause, the Buyer has the right to be sent letters, messages and materials to the postal address, e-mail of the Buyer, as well as to send sms messages, to make calls to the phone number indicated in the questionnaire.

12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification of this), to store data for life, accumulate, update, change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized 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 authorized by the Seller to carry out direct data processing for these purposes, as well as to a mandatory request from a competent state organ).

12.4. 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 by sending it to the postal or e-mail address.

12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.