Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offering Agreement – the Buyer, on the other hand, hereinafter – the Parties, have entered into this Public Offering Agreement (hereinafter – the Agreement) addressed to an unlimited number persons, which is the official public offer of the Seller to enter into an agreement with Buyers for the sale of Goods, photos of which are posted in the relevant section of the Website https://fabrykakavyrosterija.ua/.
Sellers who intend to sell the Goods through the Website https://fabrykakavyrosterija.ua/ and Buyers when purchasing Goods, images of which are posted on the relevant pages of the Website https://fabrykakavyrosterija.ua/, accept the terms of this Agreement on below.
1.1. The contractual relationship between the Seller and the Buyer is executed in the form of a Public Offer Agreement. Clicking on the website https://fabrykakavyrosterija.ua/ in the relevant section of the “ORDER” button means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with applicable international and Ukrainian law, has taken into account the terms of the Public Offering Agreement, which are listed below.
1.2. The public offer agreement is public, ie in accordance with Articles 633, 641 of the Civil Code of Ukraine its conditions are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of the order, payment and delivery of goods by the Seller, liability for unfair Order and failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force upon clicking on the “ORDER” button, by which the Buyer agrees to purchase the goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.
1.4. In order to regulate contractual relations under the Agreement, the Parties shall select and, if necessary, apply Ukrainian legislation. If an international agreement, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
“Public Offer Agreement” is a public agreement, a sample of which is posted on the Website https://fabrykakavyrosterija.ua/, and the application of which is mandatory for all Sellers, which contains the Seller’s offer to purchase the Goods, the image of which is posted on the Web. site https://fabrykakavyrosterija.ua/, aimed at an indefinite number of people, including buyers.
“Acceptance” – acceptance by the Buyer of the Seller’s offer to purchase the Goods, the image of which is posted on the Website https://fabrykakavyrosterija.ua/, by adding it to the virtual basket and sending the Order.
“Goods” – the subject of trade (product, model, accessory, components and related items, any other trade items), for the purchase of which on the Website https://fabrykakavyrosterija.ua/ posted offer Seller.
“Buyer” – any able-bodied natural person, legal entity, natural person-entrepreneur, according to current Ukrainian legislation, who visited the Website https://fabrykakavyrosterija.ua/ and intend to purchase a particular Product.
“Seller” – any able-bodied natural person, legal entity, natural person-entrepreneur, in accordance with applicable international and Ukrainian law, who are the owners or distributors of the Goods and through the Website https://fabrykakavyrosterija.ua/ intend to sell it.
“Order” – duly executed and posted on the Website https://fabrykakavyrosterija.ua/ Buyer’s application for the purchase of Goods addressed to the Seller.
“Legislation” – established by Ukrainian or international law rules for the regulation of contractual relations under the Treaty.
“Significant defect of the Goods” – a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, caused by the fault of the manufacturer (Seller), after its elimination manifests itself again for reasons beyond the consumer’s control.
SCOPE OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website https://fabrykakavyrosterija.ua/ on the terms and in the manner specified in this Agreement, and the Buyer undertakes on the terms and in the manner prescribed by this Agreement. By contract, buy the Goods and pay for it.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to it.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or fictitious agreement or an agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits for business activities that regulate the scope of legal relations arising and operating in the process of implementation of this Agreement, and guarantees that it has the right to produce and / or sell
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged:
comply with the terms of this Agreement;
fulfill orders of the Buyer in case of receipt of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the Website https://fabrykakavyrosterija.ua/, issued by the Order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods when they are packed in the warehouse;
inform the buyer about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
4.2. The seller has the right:
unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
A business entity from among the persons offering for purchase on the Website https://fabrykakavyrosterija.ua/ Goods according to the uniform agreed rules set forth in this public offer agreement. *
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged:
timely pay and receive orders under the terms of this Agreement;
get acquainted with the information about the Goods posted on the Website https://fabrykakavyrosterija.ua/
upon receipt of the Goods from the person who delivered them, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In the event of damage or incomplete completeness of the Goods, they must be recorded in an act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
5.2. The buyer has the right:
place an order on the corresponding page of the Website https://fabrykakavyrosterija.ua/;
require the Seller to comply with the terms of this Agreement;
to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6.1. The Buyer independently places an Order on the corresponding page of the Website https://fabrykakavyrosterija.ua/ by adding the Products to the virtual basket by clicking the “Add to basket!” or by placing an order by e-mail or by phone number indicated in the contact section of the Website https://fabrykakavyrosterija.ua/.
6.2. The term for the formation of the Order is up to 2 working days from the date of its registration. If the Order is sent on a weekend or a public holiday, the formation period starts from the first working day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Website https://fabrykakavyrosterija.ua/. The price of the Agreement is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The Buyer can pay for the Order in the following ways:
1) ¦ by bank transfer of money to the seller’s current account indicated in the invoice, incl. using Internet banking (the Buyer pays for the Order within three days from the date of receipt of the invoice in the amount of 100% of the subscription).
2) by waybill 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 in accordance with the place where the order of the Goods is made.
3) By credit card of the following type:
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. When clicking on the page of the Website https://fabrykakavyrosterija.ua/ in the corresponding section of the button “ORDER” means that the Seller informed the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders, issuer of Visa, Mastercard, Visa Electron, Mastercard Electro , Maestro.
TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery, or receives it personally. The procedure for payment and receipt is indicated on the corresponding page of the Website https://fabrykakavyrosterija.ua/.
8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, performed by other Delivery Services (hereinafter referred to as the Carrier Company), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these Carrier Companies.
8.3. The fact of receipt of the Goods and the absence of claims for the quality of the Goods delivered by the Carrier Companies is confirmed by the Buyer by his own signature on the consignment note, the declaration of the Carrier Company or in the invoice upon receipt of the Goods. For his part, the Seller guarantees shipment.
8.4. In the absence of the Buyer at the delivery address indicated by the Buyer in the application or the Buyer’s refusal to receive the Goods for unreasonable reasons, upon delivery by the courier of the Carrier Company, the Goods are returned to the shipping center. Payment for the services of the Carrier Company is calculated from the amount transferred by the Buyer for the Goods. The rest of the amount is returned to the Buyer on the basis of his letter sent to the e-mail: email@example.com indicating the current account to which the funds should be returned.
All questions arising in the process of payment and receipt of the Goods, the Buyer can find out by the contact information in the Contacts section.
TERMS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange the Goods of good quality within fourteen days, not counting 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 cannot be exchanged (returned).
9.2. If the Buyer intends to return the Goods, such a return is carried out in accordance with the “Return” section of the Site, taking into account the rules and conditions of the carrier or courier in force in Ukraine or in the territory of another country in accordance with the place where the Goods were received.
9.3. In the event of at least one of the listed shortcomings, the Buyer is obliged to fix it in a compiled act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, flaws should be recorded by means of photographic or video filming. Within 1 (one) day, the Buyer is obliged to notify the manager (the representative of the Seller responsible for placing the order for the Goods) about the identified deficiencies and agree on the replacement of the Goods by filling in the complaint form for the return of the Goods on the website https://fabrykakavyrosterija.ua/.
9.4. The parties agreed that in case of non-observance of the mandatory requirements of the specified procedure, it is recognized that the Buyer has received the Goods in proper condition – without any mechanical damage and in full completeness.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current international and Ukrainian legislation.
10.2. In the event of any disputes related to the execution by the Parties of this Agreement, with the exception of disputes over debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those concerning its execution, 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
11.1. The Parties are not liable for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances really beyond the control of such a Party, occurred after the conclusion of this Agreement , which is unpredictable and inevitable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or unfavorable weather conditions, hazards and accidents at sea, embargoes, wrecks, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.
11.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. … Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any period during which the execution was postponed due to the listed circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
Despite the onset of force majeure, before the termination of this Agreement as a result of force majeure, the Parties make final settlements.
OTHER CONDITIONS OF THE CONTRACT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the Seller about ordering the Goods, sending advertising messages, etc.).
12.2. By own acceptance of the Agreement or by registering on the Website https://fabrykakavyrosterija.ua/ (filling out the registration form) the Buyer voluntarily agrees to the collection and processing of his own personal data for the following purposes: data that becomes known to be used for commercial purposes, to process orders for the purchase of goods, receiving information about the order, sending by telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website //fabrykakavyrosterija.ua/.
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send SMS messages, call the phone number indicated in the questionnaire.
12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification of this), to store data for life, accumulate, update, change (as 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 directly process data for these purposes), as well as at the obligatory request of a competent state body).
12.4. 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 by sending it to a postal or e-mail address.
12.5. The Seller is not responsible for the content and veracity of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.