This Agreement is a public agreement - a public offer agreement, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the terms and conditions and the procedure for placing an order, paying for the goods, and delivering the goods.
This Agreement is an agreement between the online store "oliagarho.com.ua") (hereinafter referred to as the "Seller") and any legal entity, individual entrepreneur or individual user of the services of the online store, hereinafter referred to as the "Buyer (hereinafter referred to as the "Buyer"), which includes all the essential conditions for organizing the sale and purchase remotely (i.e. through the online store).
The terms of this Agreement shall govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII of May 12, 1991. Rules of retail trade in non-food products, approved by the Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007. This agreement has the character of a public offer, is equivalent to an "oral agreement" and has due legal force in accordance with the current legislation of Ukraine.
1. GENERAL PROVISIONS
1.1 This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential terms and conditions for organizing the sale and purchase by remote means, i.e. through the online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine, the fact of clicking on the link "Checkout" or "Buy in 1 click" and paying for the order in the amount of 100% on the terms of this agreement is considered full and unconditional acceptance of the terms of a public contract, that is, the public offer of the online store. 1.3. the offer is also accepted when the Buyer registers on the website of the online store.
1.4. By entering into the Agreement, the Buyer confirms that he/she is fully and completely familiarized and agrees with its terms and conditions, and, if the Buyer is an individual, authorizes the processing of his/her personal data in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The permission to process personal data shall be 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 additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection" and the purposes of data collection. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
2. TERMS AND DEFINITIONS
2.1. "Online store" is the seller's website ("oliagarho.com.ua"), created for the conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller in photographs, using the Internet, which excludes the possibility of direct familiarization of the Buyer with the Goods - a remote method of selling goods.
2.2 "Product" means a list of assortment items presented in the online store.
2.3. "Personal data" means any information that directly or indirectly relates to a specific person or to a person to be determined.
3. SUBJECT OF THE CONTRACT
3.1 The Online Shop undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this Agreement.
3.2. This agreement governs the sale and purchase in the online store, in particular:
a) voluntary selection by the Buyer of goods in the online store by category;
b) the Buyer's independent ordering on the website in the online store;
c) payment by the Buyer for the order placed in the online store;
d) fulfillment and transfer of the order to the Buyer's ownership under the terms of this Agreement.
4. ORDERING PROCEDURE
4.1 The Buyer shall place an online order in the online store or by telephone using the contacts indicated in the online store.
5. COST AND PAYMENT PROCEDURE FOR THE GOODS
5.1. The total cost of the goods is indicated on the pages of the Seller's online store.
5.2 Prices for Goods and services may vary depending on market conditions, which is reflected in the prices in the online store. The Seller may not change the price for a particular Buyer if the latter 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 to the Seller's current account specified in the invoice, including through Internet banking.
6. DELIVERY OF THE ORDER
6.1. The goods are shipped to the Buyer upon receipt of payment from the Buyer 100% against the invoice.
6.2. Delivery and return of the goods is carried out by the seller or the transport company (carrier) at the expense of the Buyer. The total delivery time may not exceed 10 days.
6.3. The cost of delivery is not indicated in the online store, as it depends on the tariffs of the transport company (carrier).
6.4. When ordering bulk quantities, the terms and methods of delivery shall be agreed upon separately in each case.
6.5. The seller is responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).
6.6. The Buyer shall pay the delivery cost 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 GOOD QUALITY
7.1. The buyer has the right to exchange goods of good quality for similar ones from the seller from whom they were purchased if the goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose under such conditions:
a) the goods for exchange are provided to the Seller within no more than fourteen days, excluding the day of purchase;
B) the goods may be replaced if they have never been in use, do not contain any traces of use, and if their presentation, consumer properties, seals, labels, films, and the integrity of the packaging of both the goods and their components are preserved;
C) the goods are free of scratches, chips, scuffs, and are fully functional;
D) the full completeness of the goods sold is preserved;
D) the goods may be replaced upon presentation by the Buyer of the payment document issued to the Buyer together with the sold goods.
7.1.1. Requirements 7.1. do not apply to goods, in accordance with Annex No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 "On Implementation of Certain Provisions of the Law of Ukraine "On Protection of Consumer Rights", included in the List of Goods of Good Quality that are not subject to exchange (return)
7.2. If the goods do not meet the conditions specified in subpara. A) - D) of clause 7.1. The seller has the right to refuse to exchange the goods.
7.3. Transportation costs for the delivery of the Goods during the exchange under clause 7.1. shall be borne by the Buyer.
7.4. In case of exchange of goods, its warranty period is calculated anew from the date of exchange.
7.5. If at the time of the exchange a similar product is not on sale, the buyer has the right to either purchase any other products from the available assortment with the appropriate recalculation of the cost, or terminate the contract and receive a refund in the amount of the value of the returned product, or exchange the product for a similar product upon the first receipt of the relevant product. product on sale.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The buyer is obliged to:
a) to familiarize yourself with the information about the goods posted on the seller's website;
b) place an order on the website;
c) timely pay for and receive the order from the Carrier under the terms of this Agreement;
d) upon receipt of the goods from the carrier, verify their integrity and completeness by inspecting the contents of the package. In case of damage and incomplete completeness, they shall be recorded in the act, which shall be signed by the carrier's employee together with the Buyer.
8.2. The Buyer has the right to demand that the Online Store comply with the terms of this Agreement.
8.3. The Online Shop shall be obliged to:
a) comply with the terms of this Agreement;
b) transfer the goods to the Buyer in accordance with the selected sample located in the online store, issued by the order and the terms of this agreement;
c) the Online Shop 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 inaction of third parties.
8.4. The Online Shop has the right to:
a) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
9. PROCEDURE FOR ACCEPTANCE OF GOODS BY THE BUYER
9.1. Upon receipt of the Goods at the carrier's warehouse, from the courier or the seller, the Buyer shall check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and completeness of its completeness.
9.2. In the event of at least one of the defects specified in clause 9.1. of the Agreement, the Buyer is obliged to record them in an act of any form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the date of signing the Act, the Buyer is obliged to inform the manager (the Seller's representative responsible for placing the order for the goods) of the identified defects and agree on the replacement of the goods.
9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer shall be recognized as receiving the Goods in proper condition - without any mechanical damage and complete.
9.4. In case of detection during the established warranty period (shelf life) of significant defects caused by the fault of the manufacturer of the goods (seller), or falsification of the goods, confirmed by the expert opinion, the Buyer, in the manner and within the terms established by the warranty obligations of the manufacturer of the Goods, subject to the terms of the Offer Agreement, shall have the right to demand from the seller at its option:
9.4.1. termination of the Agreement and refund of the amount paid for the Goods;
9.4.2. replacement of the goods with the same goods or with similar ones from among those available to the Seller.
9.5. In this case, if the Seller confirms the significant defects of the Goods and if the Buyer so declares, the funds paid shall be returned to the latter to the details specified by him within 7 (seven) calendar days after the return of the goods.
9.6. In case of replacement of the defective Goods, the carrier's services shall be paid for by the seller. 9.7. In any case, the return of the Goods must take place in the original packaging in which the Product was received, preserving the presentation and consumer qualities of the goods.
9.8. All issues not regulated by this Offer Agreement related to the procedure, terms and conditions of warranty repair or replacement of the Goods in case of defects during the warranty (shelf life) shall be regulated in accordance with the warranty obligations determined by the manufacturer of the relevant Goods, and in case the manufacturer does not establish such warranty obligations - in accordance with the current legislation of Ukraine.
10. RESPONSIBILITY OF THE PARTIES
10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
10.2. In case of force majeure, the parties shall be exempt from fulfillment of the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures.
10.3. The party invoking force majeure shall notify the other party in writing by e-mail of the occurrence of such circumstances within five calendar days.
10.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than five months, each Party shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing.
10.5. The Parties shall use their best efforts to resolve any disagreements exclusively through negotiations.
11. 11. OTHER TERMS AND CONDITIONS
11.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the website "oliagarho.com.ua"
11.2. The Online Store is created to organize a remote method of selling goods via the Internet.
11.3. The Online Store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
11.4. The Buyer is responsible for the accuracy of the information provided during the ordering process.
11.5. Payment by the Buyer of the order placed in the Online Store means the Buyer's full consent 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 to view the goods and to place an order is free of charge for the Buyer.
11.7. The information provided by the Buyer is confidential. The Online Shop uses the information about the Buyer solely for the purpose of the operation of the Online Shop (sending a message to the Buyer about the fulfillment of the order, sending advertising messages, etc.)
11.8. By accepting the Agreement or registering on the website "oliagarho.com.ua" (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his own personal data in the Seller's registered database "Counterparties" in order to: data that becomes known to the seller to be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about orders, transferring by telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, drawings or any other information about the activities of the store. In accordance with the provisions of 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,
11.9. The Buyer grants the Seller the right to process his/her personal data, including: to place personal data in the Buyer's databases (without additional notification of the Participant about it), to carry out lifelong data storage, accumulation, updating, changing (if 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 directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).
11.10. 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.
12. TERM OF THIS AGREEMENT
12.1. This Agreement shall enter into force from the date of ordering or registration in the online store "oliagarho.com.ua" and shall be valid until all the terms of the Agreement are fulfilled.
