Offer and acceptance
The Agreement below regulates the mutual relations of the parties in such a way that the Site Visitor who has confirmed the intention to purchase the Products from the Seller accepts the following conditions:
1.1. This Agreement is a Public Offer Contract in accordance with Art. 633, 641 and Ch. 54 of the Civil Code of Ukraine.
1.2. If the terms of the Agreement are accepted, i. Public offer of the Seller, the Visitor of the Website becomes the Buyer.
1.3. By concluding the Agreement, the Buyer confirms that he is acquainted with the Agreement and agrees with its terms.
1.4. If the Buyer is an individual, he authorizes the Seller to process his personal data with the purpose of ensuring the possibility of mutual settlements and obtaining documents related to the purchase of the Products. Permission to process the personal data is valid for an unlimited period. By concluding the Agreement, the Customer confirms that he is notified of the rights established by the Law of Ukraine "On Protection of Personal Data" about the purposes of data collection, as described above. The Buyer also agrees that the Seller has the right to grant an access and to transfer his personal data to third parties without changing the purpose of processing personal data. The scope of rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine "On the protection of personal data" is known and understandable to the Buyer.
Terms and Definitions
2.1. Website means the ordered information at the open address in the Internet provided in the electronic form with a common management system, accessed through a web browser.
2.2. Product means an item from the list published on the Website with a known name, purpose and price. Product information may be accompanied by its image and an additional description.
2.3. Site Visitor means is an individual or a legal entity interested in acquiring Products in the territory of Ukraine for use in accordance with their purpose.
2.4. Order means a registered and placed application of the Site Visitor addressed to the Seller for purchasing Products.
2.5. Buyer means is a Site Visitor who has decided to purchase the Products from the Seller by placing an Order.
2.6. Personal account means a section available on the WebSite that reflects the Buyer’s personal information, current status and history of the Buyer’s Orders.
2.7. Seller means a legal entity that carries out commercial activities in accordance with the legislation of Ukraine.
Subject of the Agreement
3.1. The Seller undertakes to sell Products on the basis of the Order executed by the Buyer on the WebSite on the terms and manner specified in the Agreement. The Buyer undertakes to purchase the Products and pay for the Products on the terms and manner specified in the Agreement.
3.2. The Seller guarantees that the Product is not subject to the rights of third parties, which may restrict its transfer to the Buyer.
3.3. The Seller and the Buyer confirm that the Agreement is not a fictitious or imaginary transaction and is concluded without the influence of violence or deception.
3.4. The seller confirms that he has all the necessary permits to carry out economic activities in the form of purchase and sale of the Products, has the right to sell the Products without any restrictions in accordance with the requirements of the current legislation of Ukraine and undertakes to be liable in case of violation of the rights of the Buyer in course of the sale of Products.
3.5. The Buyer accepts the terms of Agreement at the time of filling out the Order by clicking the Checkout button, which means the Buyer's confirmation that the text of Agreement has been read and he/her agree with its terms. Further Buyer's objections regarding the provision in this way of his/her consent relieves the Seller of any kind of liability for non-fulfillment of the terms of Agreement and gives the Seller a right to cancel the Order unilaterally.
Rules of work with the Website
4.1. The Buyer can view the content of the WebSite, use the information provided and execute Orders.
4.2. Registration is required to access the Buyer's personal information and provide additional opportunities to work with the Website.
4.3. Upon registration, the Buyer enters the following data:
- First and last name
- Phone number
- E-mail address
- Delivery address for purchased Products
4.4. The Seller is not responsible for the accuracy and correctness of the information entered by the Buyer when registering and executing the Order.
4.5. The Buyer agrees not to disclose the access password, specified during registration, to any third parties. In case of the Buyer's suspiction of unauthorized use of the password by third parties, the Buyer can notify the Seller if this is agreed between the Buyer and the Seller.
4.6. The Buyer is responsible for any actions performed on the Website on his behalf.
4.7. The Seller has the right to refuse processing of the Order if he has grounds to believe that the Buyer provided false information as well as in case of the Buyer's dishonest behaviour (for example, violation of the terms of Agreement etc.).
4.8. It is forbidden to use the Website in any illegal and prohibited activities. Buyers agree to comply with the laws of Ukraine and the standards of conduct adopted in the Internet, namely, but not limited to: not post any materials of extremist, pornographic or other nature that affect and / or infringe the honor, the dignity and / or the business reputation of third parties and violate the generally accepted Norms of morality and also not to place an advertising information without the permission of the Seller.
5.1. The Buyer independently prepares the Order on the Website, adding selected Products to the virtual basket by clicking the "Buy" button.
5.2. Ordering is also possible without online registration, by the phone listed on the Website.
The price and the order of payment
6.1. The price of each Product displayed on the Website is set by the Seller and can be changed unilaterally. The price of the Products already ordered by the Buyer is not subject to change.
6.2. The Order price, equal to the price of the Agreement, is determined as the sum of prices of all the Products in the Order and indicated on the Website during the order submission.
6.3. The Buyer makes payment for the Products in the national currency of Ukraine. The Buyer chooses the payment method independently:
- by the bank payment
- by the electronic payment systems
- by the payment terminal
6.4. The Order is considered paid upon receipt of the full payment for the Order to the settlement account of the Seller or his representative. The fact of payment for the Order shows that the Buyer accepts the terms of Agreement. The date of Agreement is considered the date of payment.
6.5. Delivery of the Order by the Seller is performed after payment.
6.6. Until the moment of payment the Products are not reserved. The Seller can not guarantee the availability of the Seller's Products in the quantity indicated at the time of placing the Order, as a result, the processing time of the Order may increase. If the Seller has a need to make a refund of money to the Buyer, in order to receive a refund, the Buyer is obliged to notify the Seller about the bank account belonging to him/her.
7.1. In case of detection of a discrepancy between the Products in the warehouse and the description of this Product on the Website, the Seller shall contact the Buyer at the earliest opportunity to confirm or cancel the Order. If it is not possible to contact the Buyer, the Order is considered to be canceled automatically. If the Order has been paid for, the Seller returns paid amount to the Buyer by transferring to the Buyer's account, unless otherwise agreed by the Parties.
7.2. When completing the Order, the Buyer agrees that he has the right to refuse only the whole Order, and not from its part.
Duties of the Seller
The Seller must:
8.1. Provide truthful information about the Products, terms of delivery and payment.
8.2. Deliver the Products in accordance with the terms of the Order.
8.3. Ensure the conformity of the quality of Products with quality requirements in Ukraine. Ensure warranty obligations in accordance with the terms of the Agreement.
8.4. Inform the Buyer of a change in the status of the Order via telephone or electronic communication. If it is not possible to contact the Buyer due to a violation of the clause 4.4 of the Agreement, the Seller shall not be liable to the Buyer.
Obligations of the Buyer
The Buyer must:
9.1. Provide the Seller with reliable, truthful and correct information, including when registering on the Website.
9.2. Pay for ordered Products at the price indicated in the Order.
9.3. When accepting the Products, perform an external visual inspection for damage to the packaging and, in the absence of external damage to the packaging, sign the receipt (register, etc.) of reception of the Order. Open an outer packaging in the presence of a representative of the delivery service in order to verify the conformity and safety of contents.
9.4. In the event of a claim draw up an inspection report together with a representative of the delivery service, describing the damages and inconsistencies. Not later than 5 (five) calendar days notify the Seller of the claim as a reason for rejection of the Products, while the Products must be returned in the original condition with preservation of consumer properties and all stickers, seals, etc.
10.1. To require the reimbursement for Products in case if the Seller fails to perform the terms of Order.
10.2. To make any changes to the Order before its closure; to make a decision to refuse the Products before payment.
10.3. In case of any claims to the quality of the Products, they must be presented on time and in accordance with the Law of Ukraine "On Protection of Consumer Rights".
Responsibility of the Parties
11.1 Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this product.
11.2. The Seller is not liable for the fulfillment of the Orders and other obligations under the Agreement if the Buyer provides an incorrect or false information.
11.3. The Seller and the Buyer are responsible for the fulfillment of obligations under the Agreement in accordance with the current legislation of Ukraine.
11.4. The Seller and / or the Buyer are exempted from liability for full or partial default of their obligations if the failure is a result of insurmountable circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, Regulations, restrictions on imports and exports that arose irrespective of the will of the Seller and / or the Buyer after the conclusion of the Agreement. A party that can not fulfill its obligations immediately notifies the other Party about it and provides documents confirming the existence of such circumstances issued by authorized bodies.
Protection of personal information
12.1. When registering on the Website the Buyer submits the personal data and contact information specified in clause 4.3 of the Agreement.
12.2. By submitting his/her personal and contact information on the Website, the Buyer is granting permission to transfer, storing and processing of his/her personal data.
12.3. The seller uses the submitted personal data to fulfill the terms of Agreement, including through the automatic processing of personal data.
12.4. The Seller undertakes not to disclose the information received from the Buyer. The provision by the Seller of information to agents and third parties acting on behalf of the Seller for the performance of obligations to the Buyer and/or in cases where the disclosure of information is established by the requirements of the law is not considered a violation.
12.5. The Buyer is responsible for maintaining his/her personal data up-to-date. The Seller shall not be liable for the breach of his obligations due to the unreliability of the information about the Buyer.
13.1. By registering on the Website, the Buyer gives the Seller the consent to receive messages from the Seller and his partners operating in agreement with the Seller via short message services (SMS) and e-mail. The Buyer has the right to refuse the subscription of such a messaging/emailing.
14.1. The Website contains materials, trademarks, trade names and other materials protected by law.
14.2. The content of the Website is protected by the legislation of Ukraine.
14.3 Unauthorized use, copying, reproduction, modification, republishing, uploading, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the content of Website is strictly prohibited.
15.1. The Agreement is concluded on the territory of Ukraine and operates within the framework of the legislation of Ukraine.
15.2. The invalidity of any clause or part of the Agreement does not lead to invalidity of the Agreement as a whole.
15.3. All disputes arising between the Buyer and the Seller shall be settled through negotiations. If a dispute cannot be resolved through negotiations, the Buyer or the Seller may apply to the judicial authorities of the relevant jurisdiction for arbitration.
15.4. The Seller has the right to amend the text of the Agreement at its own discretion at any time and without prior notice to the Buyers. The current (effective) version of the Agreement is always available on the Website.
15.5. The absence of a paper copy of the Agreement signed by the Seller and the Buyer, in case of actual payment by the Buyer, shall not be a ground for recognizing the Agreement as not concluded. Payment in accordance with the Order on the WebSite is considered as an acceptance by the Buyer (in accordance with Article 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment of entry into force of the Agreement.