This Agreement is a public agreement-a public offer Agreement, i.e. according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the buyer accepts the terms and procedure for placing an order, paying for the goods, and delivering the goods./p>
This Agreement is an agreement between prodmashdnepr online store.com (hereinafter referred to as "Seller") and any legal entity, individual entrepreneur or individual user of the online store services, hereinafter referred to as "Buyer"(hereinafter referred to as "Buyer"), which includes all essential conditions for organizing purchase and sale remotely (i.e. via the Online store).The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine"On Consumer Protection"No. 1023-XII of May 12, 1991, and the Rules for Retail Trade in Non-food Products approved by Order of the Ministry of Economy of Ukraine No. 104 of April 19, 2007.
This agreement has the nature of a public offer and is equivalent to an " oral agreement&"and in accordance with the current legislation of Ukraine has proper legal force.
1. General provisions
1.1. This agreement is a public offer ( in accordance with art. 633, 641 and ch. 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing purchase and sale remotely, i.e. through an online store.
1.2. In accordance with art. 642 of the Civil Code of Ukraine, full and undisputed acceptance of the terms of a public contract, that is, a public offer of an online store, is the fact that you click on the link "Place an order", "Place an order" or "Buy in 1 click" and pay for the order in the amount of 100% under the terms of this agreement.
1.3. A public offer is also accepted when the Buyer registers on the online store's website.
1.4. By entering into the Agreement, the Buyer confirms that he is fully familiar with and agrees to its terms, and also, if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of conducting mutual settlements, as well as to receive invoices, certificates and other documents. Permission to process personal data is valid for the entire term of the Agreement. In addition, by entering into this Agreement, the Buyer confirms that he / she has been informed (without further notice) about the rights established by the Law of Ukraine "On Personal Data Protection", about the purpose of data collection. The scope of the Buyer's rights as a subject of personal data protection under the Law of Ukraine "On Personal Data Protection" is known and understood by the Buyer.
2. Terms and definitions
2.1. "Online store" - Seller's website ("prodmashdnepr.com"), created for concluding retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the Product description offered by the Seller in photographs, via the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Product by the remote method of selling the product.
2.2. "Product" - a list of assortment items presented in the online store.
2.3. "Personal data" - any information that directly or indirectly relates to a certain person, or to a person who is determined.
2.4. "A significant defect of the Product" - a defect that makes it impossible or unacceptable to use the product according to its intended purpose, arose due to the fault of the manufacturer (Seller), after its elimination, it manifests itself again for reasons independent of the consumer and at the same time is endowed with at least one of the following features:
a) it can't be eliminated at all;
b) its elimination takes more than fourteen calendar days;
c) it makes the product significantly different from what is stipulated in the contract.
3. Subject of the agreement< / h3>
3.1. The Zobov online Store undertakes to transfer ownership of the goods to the Buyer, and the Buyer of Zobov undertakes to pay for and accept the goods under the terms of this agreement.
3.2. This agreement regulates the purchase and sale in the online store, including:
a) the Buyer's voluntary selection of products in the online store by category;
b) self-checkout by the Buyer on the website in the online store;
c) payment by the Buyer for an order placed in the online store;
d) execution and transfer of the order to the Buyer's ownership under the terms of this agreement.
4. Order placement procedure
4.1. The buyer independently places an order online in the online store or by phone means sends a newsletter to the contacts specified in the online store.
5. Cost and payment procedure for the product
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 current market situation, which is reflected in the prices in the online store. The Seller may not change the price for a particular Buyer if the Buyer has already accepted the Seller's terms and conditions and made payment for the Goods (services) in accordance with the procedure established by this agreement.
5.3. The buyer pays for the order within 2 business days (in the amount of 100% prepayment) by bank transfer of money to the Merchant's current account specified in the invoice, including:tsch. using online banking.
6. Order delivery
6.1. Shipment of goods to the Buyer takes place after the Buyer receives 100% prepayment on the issued invoice.
6.2.&Delivery and return of goods is performed by the Seller or the transport company (carrier) at the Buyer's expense. The total delivery time can not exceed 10 days.
6.3. The cost of delivery in the Online store is not specified, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering bulk shipments, delivery dates and methods are agreed separately in each specific case.
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. 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.
7. Return of goods of proper quality
7.1. The buyer has the right to exchange the Goods of proper quality for a similar one from the seller from whom it was purchased, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for their intended purpose under the following conditions:
A) the goods for exchange are provided to the Seller within no more than fourteen days, not counting the day of purchase;
B) the product can be replaced if it has never been used, does not contain traces of use and if its presentation, consumer properties, seals, labels,films are preserved, the integrity of the packaging of both the product itself and its components is not violated;
C) the product does not contain scratches, chips, scuffs, and is completely serviceable;
D) the complete set of goods sold is preserved;
D) the product can be replaced if the Buyer pre-displays the billing document issued to the Buyer along with the Product sold.
7.1.1. Requirements of p.7.1. They do not apply to goods that, in accordance with Appendix No. 3 to Resolution No. 172 of the Cabinet of Ministers of Ukraine of 19.03.94 "On the implementation of certain provisions of the Law of Ukraine "On Consumer Rights Protection", are classified as goods of good Quality that are not subject to exchange (return)
7.2. If the Product does not meet the conditions specified in the invoice. A) & ndash; Ґ) p. 7.1., The Seller has the right to refuse to exchange the Goods.
7.3. Transportation costs for the delivery of Goods in case of an exchange under item 7.1. They are assigned to the Buyer.
7.4. When exchanging a product, its warranty period is calculated anew from the date of exchange.
7.5. If at the time of exchange a similar product is not available for sale, the Buyer has the right either to purchase any other products from the available range with the corresponding transfer of value, or to terminate the contract and receive money back in the amount of the value of the returned product, or to exchange the product for a similar one at the first receipt of the corresponding product for sale.
8. Rights and obligations of yazki storin
8.1. Buyer of goiter names:
a) view the product information posted on the Seller's website;
b) independently place an order on the site;
c) timely pay and receive the order from the Carrier under the terms of this agreement;
d) when receiving the goods from the carrier, make sure that they are intact and complete by examining the contents of the package. In case of detection of damage or incomplete equipment-record them in the act, which together with the Buyer must be signed by an employee of the carrier.
8.2. The Buyer has the right to demand that the online store comply with the terms of this agreement.
8.3. Goiter & # 39;Names Online Store:
a) comply with the terms of this agreement;
b) transfer the goods to the Buyer in accordance with the selected sample placed in the online store, the order placed, and the terms of this agreement;
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 actions or omissions of third parties.
8.4. An online store has the right to:
a) unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
9. Order of acceptance of goods by the Buyer
9.1. Upon receipt of the Goods at the carrier's warehouse, from the courier "premier" or the Seller, the Buyer of goiter is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and the completeness of its completeness.
9.2. If you have at least one of the following options:9.1. If there are any defects in the Contract, the Buyer of goiter is obliged to record it in a drawn-up act of any form. The report must be signed by the Buyer and an employee of the carrier or Seller..Within 1 (one) day from the moment of signing the Certificate, the Buyer of goiter is obliged to inform the manager (the Seller's representative responsible for placing the order for the Product) report identified defects and agree on a replacement of the Product.
9.3. The Parties agreed that in case of non-compliance with the "legal requirements" of the specified procedure, it is recognized that the Buyer receives the Goods in proper condition-without any mechanical damage and in full completeness.
9.4. In case of detection during the established warranty period (expiration date) of significant defects that have arisen due to the fault of the manufacturer of the goods (Seller), or falsification of the Goods, confirmed by the expert opinion, the Buyer, in accordance with the procedure and within the time limits established by the warranty goiter obligations of the manufacturer of the Goods, taking into account the terms of the Offer Agreement, has the right,
9.4.1. termination of the contract and refund of the amount of money paid for the Product;
9.4.2. replacement of the product with the same Product or a similar one, from among those available to the Seller.
9.5. In such a case, if the Seller confirms significant defects in the Goods and the Buyer expresses his will, the money paid will be returned to the latter to the bank details specified by him within 7 (seven) calendar days after the return of the Goods.
9.6. In cases of replacement of low-quality Goods, payment for the carrier's services is made at the Seller's expense.
9.7. In any case, the Goods must be returned in the original packaging in which the Goods arrived, while preserving the appearance and consumer qualities of the goods.
9.8. All issues not settled in this Offer Agreement that are directly related to the procedure, conditions for warranty repair or replacement of Goods if defects are detected during the warranty period (expiration date) are regulated in accordance with the warranty goiter obligations defined by the manufacturer of the corresponding Product, and in case the manufacturer does not establish such warranty goiter-yazan-in accordance with the current legislation of Ukraine.
10. Liability of the parties
10.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for in this Agreement and the current legislation of Ukraine.
10.2. In case of force majeure circumstances, the parties are released from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure means events of an extraordinary, unavoidable and unpredictable nature that exclude or objectively hinder the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures.
10.3. The party referring to force majeure circumstances must notify the other party in writing about the occurrence of such circumstances by e-mail within n’yati calendar days.
10.4. If the effect of force majeure circumstances and non-fulfillment of the obligations under this Agreement continues for more than n months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
10.5. The parties make every effort to resolve any differences exclusively through negotiations.
11. Other conditions
11.1. The online store reserves the right to unilaterally make changes to this Agreement with its preliminary publication on the prodmashdnepr website.com»
11.2. Online-the store was created to organize a remote method of selling goods via the Internet.
11.3. The online store is not responsible for the content and truthfulness of the information provided by the Buyer when placing an order.
11.4. The buyer is responsible for the accuracy of the information provided when placing the order.
11.5. Payment by the Buyer of an order placed in the Online store means that the Buyer fully agrees to the terms of the Purchase and Sale Agreement (public offer of the Online Store) and is the date of conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.
11.6. The use of the Online store resource for viewing the product, as well as for placing an order, is free of charge for the Buyer.
11.7. 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 notifications to the Buyer about order fulfillment, sending advertising messages, etc.d.).
11.8. By accepting the Contract or registering on the prodmashdnepr website.com "(filling out the registration form) The Buyer voluntarily consents to the collection and processing of their own personal data in the registered database of the Seller "Contractors" for the following purpose: the data that becomes known to the Seller is used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, sending by telecommunications means to the Buyer (electronic; e-mail, mobile communication) advertising and special offers, information about promotions, sweepstakes, 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 the phone number specified in the questionnaire.
11.9. The Buyer gives the Seller the right to process its personal data, including: placing personal data in the Buyer's databases (without further notice to the Participant about this), storing data for life, accumulating it, updating it, and changing it (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 third parties, commercial partners, authorized persons). By the Seller for direct data processing for the specified purposes, as well as for obov'mandatory request of the competent state authority).
11.10. If the Buyer does not want to receive the newsletter, the Buyer has the right to contact the Seller by writing a request for refusal to receive advertising materials, sending it to the postal or email address.
12. Duration of this agreement
12.1. This agreement comes into force from the date of placing an order or registering in the prodmashdnepr online store.com " and is valid until all the terms of the agreement are fulfilled.