Public Offer Agreement and Privacy Policy

Public Offer Agreement and Confidentiality Policy

1.TERMS

Seller – LIMITED LIABILITY COMPANY "CANDY SPARK" (EDRPOU 45426340 ) or another business entity whose Goods are posted on the Site.

Buyer – a person who orders or purchases the Seller's Goods or Services and has accepted the terms of the Public Agreement.

Product — a list of product items displayed in the online store.

Online store, Site — the website of LIMITED LIABILITY COMPANY "CANDY SPARK" on the Internet at the address — https://candyspark.com.ua, which is intended for familiarization with the assortment of Goods, placing orders by Buyers, and selling Goods on the basis of a Public Agreement.

Offer - a proposal to conclude an electronic purchase and sale agreement within the meaning of the Law of Ukraine "On Electronic Commerce" and in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine on the terms established by the Seller and set forth in the Public Agreement.

Order - the Buyer's actions aimed at purchasing the Seller's Goods by filling out the appropriate form on the Site, confirming such order and accepting the terms of this Offer.

2. SUBJECT OF THE AGREEMENT

2.1. The Seller undertakes to transfer the ordered and available Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms specified in this Offer.

2.2. The Seller may fulfill the Order personally, or with the involvement of third parties.

2.3. This Public Agreement determines the terms of purchase and sale only of those Goods that are posted on the website of the Online Store https://candyspark.com.ua. This Agreement has the nature of a public offer and, in accordance with current legislation, has legal force.

3. BASIC PROVISIONS

3.1. This Agreement is concluded between the Buyer and the Online Store at the time of placing an order.

3.2. The information posted on the website of the Online Store contains the terms of the offer to purchase the goods and constitutes a public offer, the status of which is enshrined in Article 633 of the Civil Code of Ukraine (CCU).

3.3. Acceptance is the fact of placing an order for the offered goods.

3.4. Any individual or legal entity capable of accepting and paying for goods can make a purchase in the Online Store.

4. INFORMATION ABOUT THE GOODS

4.1. The product is presented in the catalog through photo samples, which are the property of the online store https://candyspark.com.ua, which is owned by LIMITED LIABILITY COMPANY "CANDY SPARK"

4.2. Each photo sample is accompanied by text information, price and description of the product. The product package may differ from the photo and description, which does not affect the use of the product.

4.3. At the request of the Buyer, the Online Store manager is obliged to provide (by phone or via e-mail or Viber messenger or other available means of communication) additional information that is necessary and sufficient, from the Buyer's point of view, for him to make a decision to purchase the goods.

4.4. The price of the goods indicated on the website may be changed unilaterally by the Online Store.

4.5. In the event of a change in the price of the goods ordered by the Buyer, the Online Store Manager shall, at the first opportunity, inform the Buyer about this (by phone or via e-mail or Viber messenger or in another available way) to obtain confirmation or cancellation of the order. If it is impossible to contact the Buyer, this order shall be considered canceled.

5. PROCEDURE FOR PURCHASING GOODS IN THE ONLINE STORE

5.1. Orders are accepted through the online store and/or official pages on social networks.

5.2. The Buyer of the Online Store has the right to place an order for any product placed on the Online Store website that is available for order, as indicated by the Seller.

5.3. The order is considered accepted for execution by the Seller only after its confirmation by telephone or other procedure specified by the Seller.

5.4. The Seller has the right to cancel the order for the Goods unilaterally if it is not possible to confirm the Order by the Buyer due to incorrect indication of the delivery address, means of communication or other information.

5.5. In the event of a product being unavailable, the company manager is obliged to notify the Buyer (by phone or via email, or a messenger available to the Buyer, or in another way available to the Seller).

5.6. If the product is unavailable, the Buyer has the right to replace it with a product of a similar model, refuse this product, or cancel the order.

5.7. The Buyer has the right to cancel the order at any time before it is sent to the Buyer by notifying the Online Store by phone or email.

6. DELIVERY AND HANDOVER OF THE GOODS TO THE BUYER

6.1. Delivery of goods purchased in the online store is carried out by courier or postal services or by self-pickup from and The Buyer selects the delivery service from the list specified in the Online Store or specifies it when confirming the Order.

6.2. The ordered goods are shipped within 3 business days from the date of confirmation of the order by the Buyer. Saturday, Sunday and officially recognized holidays are not included in the number of business days.

6.3. The delivery time of the Goods may be extended, provided that the Buyer is informed of the delay in a timely manner. In such a case, the company shall not be liable for any penalties.

6.4. The cost of delivery of the Goods is carried out according to the tariffs of the delivery services that directly deliver the Goods. All information regarding the delivery of the Goods is specified by the Buyer when confirming the Order. The Seller is not responsible for the delivery time of the Goods if it is carried out by third parties.

6.7. The Buyer is obliged to check the ordered goods in the presence of the courier or at the delivery point for quantity, quality, assortment and completeness of the goods and, in case of defects, to file a claim on the spot. The Seller is not responsible for the actions of the delivery services that ensure the delivery of goods to the Buyers.

6.8. The Seller loses the right to the Goods at the moment of their transfer to the courier, in which case the date of sale will be considered the date of transfer to the delivery service.

6.9. If the Buyer cancels the order at the time of delivery, the Buyer shall pay the costs of the Online Store for delivering the order and returning it to the Seller.

6.10. The Buyer is not obliged to compensate the Online Store for the costs associated with the delivery of the order if, during the process of receiving the goods, it turns out that the delivered goods are of improper quality, quantity, assortment or completeness.

7. ORDER PAYMENT

7.1. The price of the Goods indicated in the Online Store is valid at the time of placing the Order. The price of the Goods does not include the price of delivery.

7.2. The cost of the Goods is paid in the national currency of Ukraine - hryvnia.

7.3. Payment is made in the manner and through the payment systems specified on the Site in the "Payment" section or upon receipt of the Goods at the selected delivery service branch.

7.4. If funds are not received, the online store reserves the right to cancel the order.

7.5. The Buyer's financial obligations under the Agreement are considered fulfilled in full from the moment the Seller receives payment for the cost of all ordered Goods.

8. PROCEDURE FOR RETURNING GOODS OF PROPER QUALITY

8.1. The buyer has the right to refuse the delivered goods at the time of receipt from the courier or at the delivery point.

8.2. Returning the product to the online store is possible if its presentation is preserved (no visible damage, scratches, etc.) , original factory packaging, and invoice are included.

8.3. Return of goods to the Online Store is at the expense of the Buyer.

8.4. When the Buyer returns the goods of proper quality, the Online Store returns the amount paid for the goods upon return of the goods, minus compensation for the store's costs associated with delivering the goods to the Buyer.

8.5 Refunds are made non-cash to the Buyer's bank account. To do this, the Buyer must fill out the "Refund Application", which is provided to him by the Seller's representative, where all necessary bank details must be indicated.

9. The Seller has the right to provide individual discounts to Buyers.
10. PERSONAL DATA

10.1. By placing an Order or registering on the website https://candyspark.com.ua , the User gives his consent to the Seller to collect and process (accumulate, store, adapt, restore, use, distribute, depersonalize and destroy) the specified data, namely: surname, first name and patronymic, e-mail, telephone number, other data, - in order to ensure the implementation of purchase and sale relations, relations in the field of consumer rights protection, in the field of advertising and marketing research, and also gives his consent to the transfer (distribution) of his data to LLC "NOVA POSHTA" (EDRPOU 31316718), and other freight forwarding and courier organizations, any Banks and/or financial institutions and other third parties (without limitation) participating in the implementation of a business transaction at the discretion of LIMITED LIABILITY COMPANY "CANDY SPARK" . This provision is valid without any limitation on the period of validity.

10.2. The source of personal data collection is information directly and voluntarily provided by the User when placing an Order.

10.3. The owner of the personal data provided by the User is LIMITED LIABILITY COMPANY "CANDY SPARK" . Location: 65496 Odessa , 7 Stara Lyustdorfska doroga st.

10.4. The subject of personal data, in accordance with the Law of Ukraine "On Personal Data Protection", has the right: to know about the sources of collection, location of their personal data, purpose of their processing, location or place of residence (stay) of the owner or manager of personal data or to give a corresponding instruction to obtain this information to persons authorized by him, except for cases established by law; to receive information on the conditions for providing access to personal data, in particular information about third parties to whom their personal data are transferred; to access their personal data; to receive no later than thirty calendar days from the date of receipt of the request, except for cases provided for by law, a response on whether their personal data are being processed or stored, as well as to receive the content of their personal data that is stored; to submit a reasoned request to the owner of personal data with an objection to the processing of their personal data; to submit a reasoned request to change or destroy their personal data by any owner and manager of personal data, if these data are being processed illegally or they are unreliable; to protect their personal data from their unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as protection from providing information that is unreliable or defamatory of the honor, dignity and business reputation of an individual; to file complaints about the processing of their personal data with state authorities and officials authorized to ensure the protection of personal data, or to the court; to apply legal remedies in case of violation of the legislation on personal data protection; to make a reservation about the restriction of the rights to the processing of their personal data when providing consent; to withdraw consent to the processing of personal data; to know the mechanism of automatic processing of personal data; to be protected from an automated decision that has legal consequences for them.

10.5. The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the outdated or inaccurate information about the Buyer.

1 1 .OTHER

1 1 .1. By registering in the Online Store, the Buyer agrees to receive special offers, information messages, advertisements, advertising materials of any content, including promotions, special offers, etc. If the Buyer does not wish to receive the above-mentioned messages from the Seller, the Buyer has the right to contact the Seller with a corresponding application by sending it to the postal or e-mail address.

12.2. This agreement comes into force from the moment of placing the Order in the Online Store and is valid until all terms of the Public Agreement are fulfilled.

CANDY SPARK LLC

Enterprise code – 45426340

Account currency - EUR

Account number - UA843510050000026008879233548

Bank name JOINT STOCK COMPANY "UKRSIBBANK"

Beneficiary bank (JSC "UKRSIBBANK")

07205696 UKRSIBBANK

ANDRIIVSKA STREET 2/12 KYIV, UKRAINE

SWIFT code: KHABUA2K

CANDY SPARK LLC

Enterprise code   - 45426340

Account currency   - USD

Account number - UA053510050000026007879233549

Bank name JOINT STOCK COMPANY "UKRSIBBANK"

Beneficiary bank (JSC "UKRSIBBANK")

020061151200138 UKRSIBBANK

ANDRIIVSKA STREET 2/12 KYIV, UKRAINE

SWIFT code: KHABUA2K

+380979399775

[email protected]

Odesa region Odesa, Tairovska community, 7 Stara Lustdorfska doroga st. Postal code: 65496