1. General provisions
1.1. In accordance with the Civil Code of Ukraine, this offer constitutes an official offer of Tigernu.com.ua – Backpacks For All Occasions store, hereinafter referred to as "the Seller", to enter into an agreement of distance sales of Goods, namely through the online store, hereinafter referred to as the "Agreement". The Seller publishes the public offer on the Seller's official website at www.paka.life (hereinafter referred to as the "Website").
1.2. The Buyer shall fully and unconditionally accept the Seller's offer to enter into an Agreement of Sales of Goods upon placing the Order (checkout) in accordance with the terms and conditions hereof, within a timeframe and the prices indicated on the Seller's Website.Concepts and definitions
2.1. In this offer, unless the context otherwise requires, the following terms shall have the following meanings:
Subject Matter of the Agreement
- "Goods" mean toy weapons, accessories, components and accompanying items;
- "Online Store" means the seller's website, created for entering into retail and wholesale sales agreements based on the Buyer learning the Seller's description of the Goods in the text and in photographs using the Internet, which excludes the possibility of the Buyer directly learning about the Goods, i.e. distance sales of the Goods.
- "Seller" means a company selling Goods presented on the Website.
- "Buyer" means an individual who has entered into an agreement with the Seller under the terms conditions set forth below.
- "Order" means selection of individual items from the list of Goods specified by the Buyer when placing an Order and making a payment using a payment card, Internet banking, self-service terminal or cash on delivery.
3.1. The Seller shall transfer the Goods to the ownership of the Buyer, and the Buyer shall pay for and accept the Goods on the terms and conditions hereof.
This Agreement shall regulate the sales of Goods in the Online Store, including:
- The Buyer's voluntary choice of Goods in the Online Store;
- Checkout of the Order in the Online Store by the Buyer;
- Payment of the Order placed in the Online Store by the Buyer;
- Processing and delivery of the Order to the Buyer on the terms and conditions hereof.
4.1. The Buyer shall independently place the Order in the Online Store using the "basket form".
4.2. The Order shall be processed within 2 business days upon placing the Order. If the Order is placed on a weekend or a public holiday, the Order processing period shall start on the first business day following the weekend. There may also be delays in processing of the Order during the period of heavy workload of the Seller.Payment Procedure
5.1. The Buyer shall pay for the Order using Liqpay online payment service or cash on delivery.
5.2. After making a payment and receiving a confirmation of the payment from the Bank's server, a page with the corresponding information will be displayed.
5.3. Payment using the Liqpay online payment service (using the card, Privat24, self-service terminal) shall be made within two calendar days upon placing the Order. Otherwise, the Order shall be automatically cancelled.
5.4. Payment by cash on delivery shall be received within five calendar days from the day the Order arrives at the shipping company. Otherwise, the Order shall be automatically returned to the Seller.Delivery Time, Cost and Terms
6.1. The Order shall be delivered by the Seller and the shipping company to the address and to the recipient specified by the Buyer when placing the Order.
6.2. Should the Buyer fail to receive the Goods before the final storage date at the shipping company, the Order shall be automatically returned to the Seller. In case of cash on delivery, the Order shall be cancelled, and the Seller shall reserve the right to fulfil further Orders to this Buyer only after the Buyer has made a payment using Liqpay online service, excluding cash on delivery. In the case of payment using Liqpay online payment service, the Buyer shall be provided with the repeated dispatch of the Order after the Buyer has reimbursed the Seller for the transportation cost both ways. The Buyer shall be informed via e-mail regarding the reimbursement and payment method thereof.
6.3. In case of repeated non-receipt of Goods by the Buyer for reasons beyond the Seller's control, the Order shall be cancelled and shall be subject to the repeated placement on the Seller's website. At the same time, 100% advance payment made by the Buyer shall be refunded under the terms specified in Clause 9.7. hereof.
6.4. In case of cash on delivery, another Order may be shipped to the Buyer using the same payment method only after the Buyer has received the previous Order. If the Buyer places a new Order before the receipt of the previous one, the new Order shall be cancelled, and the Buyer shall be notified thereof by email.
6.5. Free shipment means the shipment when the sender pays to transport the Order from the store warehouse to the shipping company branch specified when placing the Order. Any redirects or other possible services shall be paid by the recipient.Rights and Obligations of the Parties
7.1. The Seller shall:
- Comply with the terms and conditions of hereof;
- Fulfil the Buyer's Orders upon payment from the Buyer or under the terms of cash on delivery;
- Transfer the Goods to the Buyer in accordance with the selected method in the Online Store, the completed Order and provisions hereof.
- Check the qualitative and quantitative characteristics of the Goods during their packaging at the Seller's warehouse.
7.2. The Seller is entitled to:
- Unilaterally suspend the provision of services hereunder if the Buyer breaches the terms and conditions hereof.
7.3. The Buyer shall:
- Pay for and receive an Order in a timely manner on the terms and conditions hereof;
- Independently track the transportation of the Order by the shipping company using the tracking number provided by the Seller in SMS message and in the personal account on the Online Store website.
7.4. The Buyer is entitled to:
Liability of the Parties
- Place an Order in the Online Store;
- Require the Seller to comply with the terms and conditions hereof.
8.1. The Parties shall bear liability for the failure to fulfil or improper fulfilment of the terms hereof in the manner prescribed by this agreement and the current legislation of Ukraine.
8.2. The Seller shall not be liable for the following:
- Appearance of the Goods altered by the manufacturer;
- Slight discrepancies in the colours of the Goods, which may differ from the original one solely due to the different colour transmission of individual models of PC monitors;
- Content and verity of the information provided by the Buyer when placing an Order;
- Delays and interruptions in the provision of Services (Order processing and delivery of the Goods), which occur for reasons beyond its control;
- Illegal actions performed by the Buyer using this access to the Internet;
- The Buyer transferring his/her network identifiers such as IP, MAC-address, login and password to any third parties;
- Terms of transportation of the Order by the shipping company;
- Condition of the Goods after their transfer to the shipping company.
8.3. The Buyer, using the Internet access available to him/her, shall be independently responsible for any harm caused by his/her actions (personally, even if it was caused another person under his/her login) to the persons or their property, legal entities, the state or moral principles.
8.4. In case of force majeure, the Parties shall not be liable for performance hereof. For the purposes of this Agreement, force majeure shall mean extraordinary events beyond the Parties' control, which prevent or objectively impede the execution of this Agreement, the occurrence of which the Parties could not foresee or prevent in reasonable ways.
8.5. The Parties shall make every effort to resolve any differences solely through negotiations.Miscellaneous
9.1. The Online Store reserves the right to unilaterally amend this Agreement subject to prior publication on the website www.paka.life
9.2. The Online Store was created to sell the Goods distantly via the Internet.
9.3. The Buyer shall be liable for the accuracy of the information specified when placing an Order. Furthermore, during checkout (placing an Order and subsequent payment for the Goods) the Buyer shall provide the Seller with his/her unconditional consent to the collection, processing, storage, use of his/her personal data in accordance with the Law of Ukraine "On Protection of Personal Data".
9.4. By paying for the Order placed in the Online Store, the Buyer fully accepts and agrees with the terms and conditions of the sales agreement (public offer). The date of payment shall be the actual date of executing the sales agreement between the Buyer and the Seller.
9.5. The use of the Online Store to view the Goods and to place an Order shall be free of charge for the Buyer.
9.6. Information provided by the Buyer shall be confidential. The Online Store shall use information about the Buyer solely for the purpose of processing the Order, sending notices to the Buyer, delivering the Goods, effecting mutual settlements, etc.
9.7. Money refunds for the Goods that were not delivered for any reason shall be made solely on the basis of a written application from the Buyer, to the card account of the Buyer specified in the application for the return of funds, within 7 banking days upon submitting thereof in free form to the Store email address.Term and Termination
10.1. This Agreement shall come into force upon 100% prepayment (checkout) of the Order by the Buyer and shall remain valid until the Parties fully fulfil their obligations, except in cases of its early termination.
10.2. This Agreement may be terminated early by mutual agreement of the Parties before the actual delivery of the Goods by refunding funds (100% prepayment of the Order) to the card account of the Buyer specified in a written statement.
10.3. The Parties may terminate this Agreement unilaterally in case one of the Parties fails to comply with the terms hereof and in cases provided for by the current legislation of Ukraine.
This text constitutes an Agreement between Online Store www.paka.life, hereinafter referred to as the "Online Store", and the user of the Online Store services, hereinafter referred to as the "Buyer" and determines the terms and conditions for purchasing Goods through the Online Store website.