PUBLIC CONTRACT
(PUBLIC OFFER AGREEMENT)
The following text is a contract between the site missdiamond.ua (hereinafter - Internet store) in the person of FOP Tetyana Rostislavivna Semenyuk (RNOKPP: 2439508901) legal address Ukraine, 35313, Rivne region, Rivne district -n, urban-type village of Orzhiv, Podlisna Street, building 2, which is registered in accordance with Ukrainian legislation and which is the owner or distributor of the Goods using the Site,
, and a natural person who visited at least one page of the site or used at least one of the services provided within the site, including without prior registration and authorization on the site (hereinafter – Buyer).

1. General provisions
1.1. This Agreement is a public contract – an offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for the organization of purchase and sale remotely, i.e. through an online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine, complete and undisputed acceptance of the terms of a public contract, that is, a public offer of an online store, is the fact of placing an order by clicking on the link "Make an order". in the basket and pay for the order in the amount of 100% under the terms of this agreement.
1.3. The public offer is also accepted upon registration of the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely acquainted with and agrees with its terms, and also, if the Buyer is a natural person, gives permission for the processing of his personal data for the purpose of the possibility of fulfilling the terms of this Agreement, the possibility of carrying out mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of data collection. The extent of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
2. Terms and definitions
2.1. Online store – the Seller's site («missdiamond.ua»), created for concluding retail purchase contracts – of sale on the basis of familiarization of the Buyer with the description of the Goods in photographs offered by the Seller, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods – remote means of selling goods.
2.2. Product – the list of names of the assortment presented in the online store.
2.3. Product card – a set of information about the product, which includes the name of the product, the image of the product on the website, its description, price, characteristics, color, size, configuration, availability in the store, etc.
2.4. Order – the Buyer's request, addressed to the Seller, for the purchase and delivery of the Goods selected on the Site to the address indicated by the Buyer, duly executed and posted on the Site.
2.5. Cost of Order – the amount to be paid when the Buyer receives the order, after applying discounts or bonuses.
2.6. “Make an order” – the Buyer's decision to purchase the product made in the online store.
2.7. “Personal data” – any information that is knowingly provided by the Buyer when registering and/or placing an Order on the Site, and is necessary for the online store to fulfill the order.

3. Subject of the contract
3.1. The online store undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this contract.
3.2. This contract regulates the purchase and sale in the online store, including:
a) voluntary selection of goods by the Buyer by "Categories"
b) independent ordering by the Buyer in the online store;
c) payment by the Buyer of the order made in the online store;
d) execution and transfer of the order to the Buyer's ownership under the terms of this contract.

4. Procedure for placing an order
4.1. The buyer independently places an order online in the online store or by means of communication using the contacts specified in the online store.

5. The cost and payment procedure for the goods
5.1. The full price of the product is indicated on the pages of the Seller's online store.
5.2. The buyer pays for the order by any method chosen in the online store.
5.3. The cost of delivery of the order is paid by the Buyer himself upon receipt of the order.
5.4. Prices for Goods and services may change depending on the market situation, which is reflected in the prices in the online store. The Seller cannot change the price for a particular Buyer, if he has already accepted the Seller's terms and made payment for the Goods (services) in accordance with the procedure established by this contract.

6. Order delivery
6.1. Delivery of the ordered Goods is carried out within 1 (one) to 3 (three) working days from the moment of confirmation of the Order by the manager, but in any case no later than thirty days from the moment of confirmation of the Order.
6.2. Delivery methods are described in detail in the "Help" section of the website.
6.3. Upon receipt of the Goods, the Buyer inspects them for compliance with the Order, checks the quality and quantity of the Goods, their integrity and completeness. The buyer has the right to refuse the ordered Goods completely, indicating the reason in the relevant documents.
6.4. The cost of delivery to the Internet – the store is not indicated, as it depends on the current tariffs of the transport company (carrier).
6.5. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).
6.6. The Buyer has the right to receive the Order at the branch of the courier company within 5 (five) working days, taking into account the day of receipt of the shipment (Order) at the branch of the Recipient (Buyer). If the Order was not claimed by the Recipient (Buyer) within the above-mentioned period, then such shipment (Order) is considered unclaimed (cancelled at the initiative of the Buyer) and is returned to the Seller. 

7. The procedure for returning goods and refunding funds
7.1. The buyer has the right to return the goods of proper quality within fourteen days, from the moment of receipt of the goods at the branch of the courier company, if the goods did not satisfy him in terms of shape, dimensions, style, color or for other reasons cannot be used by him as intended, after receiving the order . Good quality goods are returned if they have not been used and if they have preserved their appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold goods. Goods rejected by the Buyer must be packed in intact packaging.
7.2. Partial redemption of the Order is not provided. The buyer has the right to redeem the Order in full or refuse it until the moment of payment for the goods in such Order.
7.3. In the event of defects, the Buyer is obliged to record them in a deed of arbitrary form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods.
7.4. In case of termination of the Agreement (return of goods), a necessary condition for refunding money for the returned goods is the provision by the Buyer to the Seller of documents confirming the payment (purchase) of the returned goods.
7.5. Refunds for returned goods are possible only by non-cash settlement, namely: from the current account of the Seller to the current account in the national currency of the Buyer, opened at a bank that is a resident of Ukraine, including to such a current account of the buyer, transactions on which can be carried out with use of electronic means of payment (for example, a personal bank payment card).
Requisites for the refund of the returned goods The buyer must indicate in the Application for the return of the goods. Cash refunds are not possible.
7.6. Refunds to the Buyer shall be made within 10 (ten) working days, but in any case no later than 30 (thirty) days from the moment of receipt of the Buyer's notice of termination of the Agreement and receipt of the Goods. After the transfer of funds, the Seller has the right to inform the Buyer by sending a corresponding message to his e-mail specified in the Personal Cabinet.
7.7. If the Buyer refuses the parcel, the shipment is returned to the sender, i.e. the online store. Payment for returning the parcel is paid by the buyer.
7.8. In the case of returning the Goods of proper or improper quality, the Buyer must return them by the courier company that delivered this Order to the address of the store from which the Order was sent.

8. Rights and obligations of the parties
8.1. The buyer is obliged to:
a) get acquainted with the information about the Product, which is posted on the Seller's website;
b) place an order on the website yourself;
c) timely pay and receive the order from the Carrier under the terms of this contract;
d) when receiving the goods from the carrier, make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damage and incomplete equipment – record them in the act, which must be signed by the carrier's employee together with the Buyer;
e) notify the Seller about the non-delivery of the Goods at the time agreed upon by the Parties;
f) not to commit any actions, the implementation or attempt to implement which involves the criminal, administrative or civil liability established in Ukraine.

8.2. The buyer has the right to:
a) demand from the online store compliance with the terms of this contract;
b) in case of detection of defects during the established warranty period, in the manner and within the time limits established by the legislation, demand:
1) proportional price reduction;
2) free of charge elimination of defects of the Goods within a reasonable period of time;
3) reimbursement of costs for eliminating defects in the Goods.
4) demand replacement of the Product with the same Product or a similar Product from among those available at the seller.
c) notify the Seller in writing of any claims related to the purchase of Goods;
d) terminate the concluded Agreement by notifying the Seller about this within fourteen days from the moment of receipt of the Goods at the Courier Company branch, if the Goods did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him as intended ;
e) other rights in accordance with current legislation and these Rules.

8.3. Internet – the store is obliged to:
a) comply with the terms of this contract;
b) notify Buyers of changes to these Rules by posting relevant changes on the Site; 
c) deliver the goods to the Buyer in accordance with the selected sample posted in the online store, the completed order and the terms of this contract;
d) ensure fulfillment of warranty obligations in accordance with the requirements of the Law of Ukraine "On the Protection of Consumer Rights" and these Rules;
e) accept appeals, statements, complaints and proposals from Buyers and provide answers to them within the time limit established by law;
e) the online store is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the action or inaction of third parties.

8.4. Internet – the store has the right to:
a) make changes to these Rules by posting changes on the Site;
b) make changes to the assortment of Goods and change their prices without agreement with the Buyer, except for the Goods for which the order has been accepted from the Buyer;
c) in case of impossibility of fulfilling the Agreement due to the absence of the ordered Goods, notify the Buyer about this within 3 (three) calendar days, but no later than thirty days from the moment of receipt of the Buyer's order. At the same time, the Seller has the right to replace the Product in case of its absence with another Product, if: 
1) another Product corresponds to the purpose of use of the ordered Product;
2) has the same or better quality;
3) its price does not exceed the price of the ordered Product. At the same time, the Seller is obliged to agree the replacement of the Goods with the Buyer, and acceptance of the Goods by the Buyer is considered the latter's consent to such replacement;
d) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement;
e) other rights in accordance with current legislation and these Rules.

9. Responsibility of the parties 
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner stipulated by this Agreement and the current legislation of Ukraine.
9.2. The buyer is independently responsible for the correctness and timeliness of the payments made by him. Sums mistakenly credited by the Buyer to the accounts of third parties are not compensated or reimbursed by the Seller.
9.3. All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
9.4. If the relevant dispute cannot be resolved through negotiations, it is resolved in a court of law according to the established jurisdiction and jurisdiction of such a dispute in accordance with the legislation in force in Ukraine.
9.5. In case of force majeure, the parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
9.6. The party referring to force majeure must notify the other party of the occurrence of such circumstances in writing by e-mail within five calendar days.
9.7. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than five months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing.

10. Other conditions 
10.1. Internet – the store reserves the right to unilaterally make changes to this Agreement with prior publication of it on the website "missdiamond.ua".
10.2. Internet – the store was created to organize a remote method of selling goods via the Internet.
10.3. Internet – the store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.
10.4. The buyer is responsible for the accuracy of the information provided when placing the order.
10.5. Payment by the Buyer of the online order – in the store, the order means the Buyer's full agreement with the terms of the Purchase Agreement – of sale (public offer Internet – store) and is the date of conclusion of the Purchase Agreement – sale between the Seller and the Buyer.
10.6. Using the Internet resource – store to view the product, as well as to place an order, is free of charge for the Buyer.
10.7. By own acceptance of the Agreement or registration on the site "missdiamond.ua" (filling in the registration form) The Buyer voluntarily gives his consent to the collection and processing of his personal data in the registered database of the Seller "Counterparties" with the following purpose: the data that becomes known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers by means of telecommunications (e-mail, mobile communication), information about promotions, raffles or any other information about the store's activities. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send sms messages, make calls to phone number specified in the questionnaire. The information provided by the Buyer is confidential.
10.8. In the event of a change in the last name, first name or patronymic of the Buyer, he is obliged to notify the Seller about this within 20 calendar days from the moment such changes take effect by making appropriate changes to the registration record in the "Personal Cabinet". on the Site, but in any case before the relevant Order is placed on the site.
10.9. If the Buyer does not wish to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

11. Term of validity of this contract
11.1. This contract enters into force from the day of placing an order or registering in the online store "missdiamond.ua". and is valid until all terms of the contract are fulfilled.