This User Agreement is the Public Offer Agreement (hereinafter referred to as the Agreement). The Seller, on the one hand, and any person who accepted the terms of this Agreement — the Buyer, on the other hand, hereinafter collectively referred to as — the Parties, concluded this Agreement, addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude a purchase agreement with the Buyers sale of Goods placed in the corresponding section of the Website demo.ua24.biz (hereinafter — the Site).
The Seller and Buyers, upon purchasing the Goods, accept the terms of this Agreement regarding the following.
Terms
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the “I confirm the order” button on the Site page in the relevant section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the conditions of the Public Offer Agreement, specified lower.
1.2. The public offer contract is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). Upon full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unscrupulous Order and for
1.3. This Agreement enters into force from the moment of clicking on the “Confirm order” button, by which the Buyer agrees to purchase the existing Seller's Goods and is valid until the Buyer receives the Goods from the Seller and complete settlement with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If the international treaty, the binding consent of which has been given by the Verkhovna Rada of Ukraine, establishes different rules than those established by Ukrainian legislation, the rules of the international treaty shall be applied.
Scope of the Agreement
2.1. The Seller undertakes, on the terms and in the manner specified by this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Site, and the Buyer undertakes, on the terms and in the manner specified by this Agreement, to buy the Goods and pay for them.
2.2. The Seller guarantees that the Goods have not been pledged, are not the subject of a dispute, are not under arrest, and there are no
2.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or pretend transaction or an agreement made under the influence of pressure or deception.
2.4. The seller confirms that he has all the necessary permits for the conduct of business activities that regulate the scope of legal relations that arise and operate in the process of executing this Agreement, and also guarantees that he has the right to manufacture and/or sell the goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of execution of this Agreement and sale of the Goods.
Rights and obligations of the Seller
3.1. The seller is obliged to:
- fulfill the terms of this Agreement;
- fulfill the Buyer's order in case of receipt of payment from the Buyer;
- deliver the Goods to the Buyer in accordance with the selected sample on the relevant page of the Site, the completed order and the terms of this Agreement;
- to check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
- inform the buyer about a possible additional fee when paying with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this contract.
3.2. The seller has the right to:
- unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
Rights and obligations of the Buyer
4.1. The buyer is obliged to:
- timely pay and receive the order under the terms of this Agreement;
- get acquainted with information about the Product posted on the Site;
- upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incomplete completion of the Goods, record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
4.2. The buyer has the right to:
- place an order on the relevant page of the Site;
- require the seller to fulfill the terms of this Agreement;
- to inform about possible additional commission when paying with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
Order processing procedure
5.1. The Buyer places an order independently on the appropriate page of the Site by adding the Goods to the virtual basket by clicking the “Buy” button, or by placing an order using the phone number indicated on the “Contacts” page.
5.2. The term of formation of the Order is up to 2 working days from the moment of its execution. If the order is sent on a weekend or holiday, the term of formation begins on the first working day after the weekend.
Agreement price and payment procedure
6.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Site. The price of the Contract is determined by adding up the prices of all the selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 7 of this Contract.
6.2. The cost of the Order may vary depending on the price, quantity or product range.
6.3. The buyer can pay for the order in the following ways:
- by means of a bank transfer of money to the current account of the Seller specified in the invoice. The buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment;
post-payment upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country, according to the place of placing the order for the goods;- by a credit card such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro;
- in any other way as agreed with the Seller.
Terms of delivery of goods
7.1. The Buyer receives the Product by delivery or receives it in person. The order of payment and receipt is indicated on the relevant page of the Site.
7.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, which is performed by other delivery services (hereinafter Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these carrier companies.
7.3. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies is confirmed by the Buyer with his own signature on the goods and transport invoice, the declaration of the carrier company or in the delivery invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in completeness according to the specification of the Goods and in proper (working) condition and quality.
7.4. In case of absence of the Buyer at the delivery address specified by the Buyer in the application or refusal of the Buyer to receive the Goods for unjustified reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipping trade center. Payment for the services of the carrier company is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer to his current account.
Terms of return of goods
8.1. According to Art. 9 of the Law of Ukraine “On the Protection of Consumer Rights”, the Buyer has the right to exchange Goods of proper quality within fourteen days, except for the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
8.2. 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 the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photo or video recording. Within one day, the Buyer is obliged to inform the Seller's representative about the detected defects and agree on the replacement of the Goods.
8.3. The parties agreed that in the event of
Responsibility of the Parties and dispute resolution
9.1. The parties are responsible for
9.2. In case of disputes related to the implementation of this Agreement by the Parties, with the exception of disputes about the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The claim review period is 7 (seven) calendar days from the date of its receipt. Compliance with the claims procedure is not required for disputes in connection with debt collection from the Buyer.
9.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including regarding its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
Force majeure circumstances
10.1. The parties shall not be liable for
Force majeure includes, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, carrier delays caused by accidents or adverse weather conditions, accidents at sea, embargoes, disasters, restrictions imposed by state authorities, if these circumstances directly affected the performance of this Agreement.
10.2. The Party, for which it became impossible to fulfill the obligations under this Agreement due to the occurrence of force majeure circumstances, must immediately inform the other Party in writing about the occurrence of the
10.3. The time required for the Parties to perform their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
10.4. If, due to force majeure,
Other terms of the Agreement
11.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the fulfillment of his Order (sending a message to the seller about ordering the Goods, sending advertising messages, etc.).
11.2. By his own acceptance of the Agreement or registration on the Site (filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data for the purpose: the data that become known will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about orders, mailings by telecommunication means of communication (
11.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, update, change (if necessary). The Seller 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, and also at the mandatory request of the competent state body).
11.4. 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
11.5. The Seller is not responsible for the content and authenticity of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified during the order.