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PUBLIC CONTRACT (OFFER)
for order, purchase, sale and delivery of goods
This Agreement is a public contract - a Public Offer Agreement, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the buyer accepts the conditions and procedure for placing an order, paying for the goods, and delivering the goods.
This Agreement is an agreement between (hereinafter referred to as the "Seller") and any legal entity, individual entrepreneur or individual user of online store services, hereinafter referred to as the "Buyer" (hereinafter referred to as the "Buyer" ), which includes all essential conditions for the organization of buying and selling remotely (i.e. through the Internet - store).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On the Protection of Consumer Rights" No. 1023-XII of May 12, 1991, the Rules of Retail Trade of Non-Food Products, approved by Order of the Ministry of Economy of Ukraine No. 104 of April 19, 2007.
This agreement has the character of a public offer, is the equivalent of an "oral agreement" and has due legal force in accordance with the current legislation of Ukraine.
1. General provisions
1.1. This contract is a public 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, the fact of placing an order in accordance with Clause 4 of this Agreement and paying for the order in the amount of 100% under the terms of this agreement constitutes full and undisputed acceptance of the terms of a public contract, that is, a public offer of an online store.
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 notified (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. "Internet - shop" - the Seller's website ( ), created for the conclusion of retail and wholesale purchase-sale contracts on the basis of the Buyer's familiarization with the description of the Goods in photographs proposed by the Seller , using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Product - a remote means of selling the product.
2.2. "Product" - a list of assortment names presented in the online store.
2.3. "Personal data" - any information that directly or indirectly relates to a specific person or to an identifiable person.
2.4. "Significant defect of the Product" - a defect that makes it impossible or inadmissible to use the product in accordance with its intended purpose, was caused by the fault of the manufacturer (Seller), after its elimination is manifested again for reasons independent of the consumer, and at the same time is endowed with at least one of the following signs:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) he makes the goods significantly different from what is provided for in the contract.
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 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 choice by the Buyer of goods in the online store;
b) self-registration of the order by the Buyer on the website in the online store;
c) placing an order by the Buyer or using telephone means of communication;
d) payment by the Buyer of the order made in the online store;
e) execution and transfer of ownership of the order to the Buyer 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 telephone using the contacts specified in the online store.
5. The price and order of payment for the goods
5.1. The full price of the product is indicated on the pages of the Seller's online store.
5.2. 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.
5.3. The buyer pays for the order within 2 working days (in the amount of 100% of the subscription) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including using Internet banking.
6. Order delivery
6.1. The goods are shipped to the Buyer after receipt of 100% of the invoiced payment from the Buyer.
6.2. The Buyer receives the Product by delivery, or receives it personally.
6.3. Delivery and return of goods is performed by the Seller or a transport company (carrier) at the expense of the Buyer.
6.4. The cost of delivery to the Internet - store is not indicated, as it depends on the current tariffs of the transport company (carrier).
6.5. When ordering wholesale batches, delivery terms and methods are agreed separately in each specific case. 6.6. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).
6.7. Payment of the delivery cost is made by the Buyer to the carrier company independently, upon receipt of the goods. The exact cost of delivery is determined by the carrier company and announced by the company's courier upon delivery of the goods to the Buyer. Employees of the online store, at the request of the Buyer, may give the Buyer an approximate cost of delivery for informational purposes only.
7. The procedure for exchanging and returning goods of appropriate quality
7.1. The buyer has the right to exchange the good quality product for a similar one from the seller from whom it was purchased, if the product did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons it cannot be used for its intended purpose under the following conditions:
A) the goods for exchange were provided to the Seller within no more than fourteen days, excluding the day of purchase;
B) the product can be replaced if it has never been used, was not registered by the Buyer (the Buyer did not enter any registration and identification data to the product, or in the phone application, which are compatible with this product) not contains traces of use and if its appearance, consumer properties, seals, labels, films have been preserved, the integrity of the packaging of both the product itself and its accessories has not been violated; B) the product does not contain scratches, chips, wear, it is fully functional;
D) the completeness of the sold product is preserved;
G) the goods can be replaced upon presentation by the Buyer of the settlement document issued to the Buyer together with the sold Goods.
7.2. In the event that the Product does not meet the conditions specified in paragraphs А) - D) clause 7.1., the Seller has the right to refuse to exchange the Goods.
7.3. Transportation costs for the delivery of the Goods when exchanging according to clause 7.1. rely on the Buyer.
7.4. When exchanging a product, its warranty period is recalculated from the day of the exchange.
7.5. If, at the time of the exchange, a similar product is not available for sale, the Buyer has the right to either purchase any other products from the available assortment with a corresponding recalculation of the price, or terminate the contract and receive money back in the amount of the value of the returned product, or exchange the product for a similar one at the first receipt of the corresponding product for sale.
8. Rights and obligations of the parties
8.1. The buyer is obliged to:
а) get acquainted with the information about the Product, which is posted on the Seller's website;
b) place an order on the website or by phone in the online store; c) pay and receive the order from the Carrier in a timely manner 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.
8.2. The buyer has the right to demand from the online store compliance with the terms of this contract.
8.3. The online store is obliged to:a) comply with the terms of this contract;
b) deliver the goods to the Buyer in accordance with the selected sample placed in the online store, the completed order and the terms of this contract;
c) 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. The online store has the right to:
a) to unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
9. The procedure for receiving the goods by the Buyer
9.1. When receiving the Goods at the warehouse of the carrier, from the courier or the Seller, the Buyer is obliged to check the external integrity of the packaging, after which to open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its completeness.
9.2. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record it in a deed of arbitrary form. The act must be signed by the Buyer and an employee of the carrier or the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to notify 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, while filling out a complaint form for the return of the Goods.
9.3. The parties agreed that in the event of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any mechanical damage and in full completeness.
10.1. During the warranty period, the Seller undertakes to carry out free of charge warranty repair or replacement of the corresponding Product if defects are detected under the conditions specified in the Warranty Card.
10.2. A warranty card is provided to the Buyer upon execution of the sales contract, where the date of sale is indicated, the seller's signature and clear seal (if available), and the buyer's signature are affixed.
11. Liability of the parties
11.1. 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.
11.2. 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.
11.3. 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.
11.4. 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.
11.5. The parties shall make every effort to resolve any disagreements exclusively through negotiations.
11.6. If it is impossible to eliminate them, the parties have the right to apply for judicial protection of their interests.
12. Other conditions
12.1. The online store reserves the right to unilaterally make changes to this Agreement with prior publication of it on the site
12.2. The online store was created to organize a remote method of selling goods via the Internet.
12.3. The online store is not responsible for the content and truthfulness of the information provided by the Buyer when placing an order.
12.4. The buyer is responsible for the accuracy of the information specified when placing the order.
12.5. Payment by the Buyer of the order made in the Internet store means the Buyer's full agreement with the terms of the Purchase and Sale Agreement (the public offer of the Internet store) and is the date of conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.
12.6. The use of the online store resource to view the product, as well as to place an order, is free of charge for the Buyer.
12.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purpose of functioning of the online store (sending a message to the Buyer about order fulfillment, sending advertising messages, etc.).
12.8. Own acceptance of the Agreement or registration on the website (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 "Contractants" with the following purpose: the data that become known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about ordering, sending by telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the store's activities. For the purposes provided for in this clause, the Seller must 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 the phone number specified in the application form.
12.9. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer's databases (without additional notification to the Participant about this), to carry out lifelong data storage, their accumulation, update, change (as necessary). The Buyer 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 the specified purposes, as well as at the mandatory request of a competent state body).
12.10. 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, sending it to the postal or e-mail address.
13. Term of validity of this contract
13.1. This contract enters into force from the day of placing an order or registering in the online store and is valid until all terms of the contract are fulfilled.