Offer

Scope of the contract. Transfer of ownership

1. In the manner and under the conditions specified in this public offer, the Seller undertakes to transfer ownership of the Goods specified in the Buyer's order to the Buyer, and the Buyer undertakes to accept and pay for the Goods. The contract does not apply to services, information about which is posted on the Seller's website.

1.2. The description of the Goods (main characteristics) and its value (price) are indicated on the Seller's Website. To clarify information about the Goods, the Buyer can call the Seller's contact center at the contact center number indicated on the Seller's Website.

1.3. The list (name), cost and quantity of the Goods ordered by the Buyer is specified in the order (hereinafter referred to as the "Order"), which is issued in the manner specified by this public offer.

1.4. The Seller confirms that the Goods sold to the Buyer are not subject to a prohibition of alienation, arrest, pledge or other means of securing obligations to third parties or the state.

1.5. The buyer acquires ownership of the Goods and bears the associated risk (death, damage to the Goods, etc.) from the moment the Goods are transferred to him in accordance with the terms of this public offer.

1.7. Photos (images) of the Goods, their text descriptions, trademarks, as well as other information, images and text messages contained on the Seller's Website belong to the Seller, suppliers and/or manufacturers of the Goods, are protected by law and may not be used by the Buyer or third parties without obtaining the owner's consent in accordance with the procedure prescribed by current legislation.

2. Procedure for registration on the Seller's Website and placing an Order.

2.1. The order is made by the Buyer and provided by him to the Seller using software on the Seller's Site, subject to and after registration on the Seller's Site.

2.2. Registration on the Seller's Site is carried out by specifying a login and password by an individual, as well as filling in the necessary information (surname and first name, e-mail address) in the electronic registration form proposed by the Seller, as a result of which an account (personal account) of the Buyer is created on the Seller's Site. After such registration, a natural person gains access to his account (personal account) using the authorization data (login, password) entered by the User at the time of his registration on the Seller's Website.

2.3. When registering on the Seller's Website, a natural person is obliged to provide true data required for registration. The Buyer bears full responsibility for the accuracy, reliability, completeness and content of the information provided by him during registration on the Seller's Website and placing the Order, and also bears all the risks associated with specifying incomplete, inaccurate or unreliable data. In case of providing false data, the Seller has the right to refuse to confirm the Order or to stop the execution of the confirmed Order.

2.4. By and from the moment of registration on the Seller's Website, a natural person gives consent and permission to the collection, processing, use and transfer of his personal data under the conditions specified in the Personal Data Processing Policy posted on the Seller's Website.

2.5. The buyer is responsible for keeping secret his authorization data (login, password) necessary to access the account (personal account). Actions performed using the Buyer's authorization data for the Order of Goods under the terms of this public offer are considered to be performed by the Buyer himself.

2.6. The Buyer agrees to receive newsletters about the Seller's goods, promotions, sales, and activities by the Seller sending messages to the Buyer's e-mail address or SMS messages to the Buyer's phone number. The Buyer has the right to refuse the Seller's informational newsletter by sending a message to the e-mail address, or by clicking on the corresponding link in the newsletter "unsubscribe from the newsletter", or by calling the phone number of the contact center indicated on the Seller's Website.

2.7. Goods are ordered in the following order:

2.7.1. The Buyer selects the necessary Goods on the Seller's Website, their quantity and adds them to the basket by clicking the "Add to Basket" button. At the same time, the Buyer also chooses a post office where the Buyer can pick up the goods. Having selected the required Product, in order to further place the order, the Buyer clicks the "Go to cart" button;

2.7.2. After checking the list and the number of selected Goods in the basket, the Buyer clicks the "Make an order" button;

2.7.3. In the next window, the Buyer chooses the payment method (online payment or cash on delivery) by ticking the appropriate box and confirms acceptance of this public offer by clicking the "Confirm order" button. In the case of choosing the payment method "cash on delivery" in the following window, the Buyer enters personal data (surname, first name, phone number) and clicks "Confirm order", after which the Order is considered to be completed, and this public offer is accepted (accepted) by the Buyer, respectively to Article 642 of the Civil Code of Ukraine.

2.7.5. The Buyer has the right to cancel the Order by clicking the "Cancel Order" link in the electronic Order Confirmation, after which the Agreement is terminated.

2.8. If the Product specified in the confirmed Order is not available, the Seller has the right to replace it with another product, if the other product meets the purpose of use of the ordered Product, has the same or better quality, and its price does not exceed the price of the ordered Product.

3. Price of the Product and payment procedure

3.1. The price of the Product is indicated on the Seller's Website, in the Order, in the act of acceptance and transfer of the order, as well as in the settlement document (fiscal receipt) provided to the Buyer when receiving the Product at the post office. The price of the Product on the Seller's Website may be changed by the Seller unilaterally by publishing a new price, in case of a corresponding change in the price of the Product.

3.2. The total cost (amount) of the Order is formed on the basis of the price of each unit of the Goods selected by the Buyer and their quantity specified in the confirmed Order.

3.3. The Buyer chooses the method of payment during the placing of the Order in accordance with clause 2.7, in particular, the payment can be made by making a payment to the Seller's details. Payment is made in the national currency of Ukraine, the hryvnia.

3.4. Online payment of the price of the Goods specified in the Order is carried out by means of payment by the Buyer to the details of the Seller.

3.6. In the event of any problematic issues during online payment for details, the Buyer can contact the bank for help and clarification.

3.7. After successfully completing the online payment for the Order, the Buyer receives an Order Confirmation from the Seller to the e-mail address specified during registration on the Seller's Site.

4. Procedure for transferring the Goods

4.1. Delivery of the Goods ordered by the Buyer under the terms of this public offer is carried out by the Seller by sending the Goods by the Nova Poshta postal services.

4.2. The buyer undertakes to apply to receive the goods at the relevant post office of the logistics operator within 5 days from the moment of dispatch of the goods.

4.3. In the cases provided for in clauses 2.8, 2.7.5, 4.6, 4.8 of this public offer, if the Buyer made an online payment for the Product, the refund is made to the payment card used for the online payment, based on the written statement of the Buyer, submitted to the Seller's e-mail, provided that the appropriate payment card is provided. The transfer of funds is carried out by the Seller to the payment card within 10 working days after the Buyer provides the relevant application and the goods, unless a longer period is determined by the rules of the payment system or the terms of the contracts of the participants of the payment system.

4.4. In order to prevent fraudulent actions by unscrupulous persons, in the case of online payment, the Goods are transferred on the condition and after the Buyer presents an identity document, while the identity data of the Buyer specified in the presented identity document must match with personal data specified in the Order.

4.5. During the transfer of the Goods, the Seller provides the Buyer with two copies of the Act of acceptance and transfer of the order, which indicates the list and value of the Goods transferred to the Buyer. The Buyer undertakes to put a signature on the receipt of the Goods on the copy of the Act of acceptance and transfer of the order, which remains with the Seller, the second copy of the Act of acceptance and transfer of the order, signed by the Seller, is given to the Buyer.

If the Seller transfers to the Buyer a part of the Goods, the range of which partially or completely does not meet the terms of the Order, the Buyer has the right to choose:

- accept part of the Goods that meet the terms of the Order and refuse the rest of the goods;

- refuse all the Goods;

- demand the replacement of a part of the product that does not correspond to the assortment with a product in the assortment in accordance with the Order, if such Product is available;

- accept all the Goods and pay for them at the price set by the Seller.

In case of rejection of the Goods in whole or in part of the Goods, the assortment of which does not meet the terms of the Order, the Buyer has the right to refuse to pay for this Goods, and if it has already been paid - to demand the return of the amount paid for such Goods in accordance with the procedure stipulated in clause 4.3.

The final list and quantity of the Goods transferred to the Buyer in accordance with the Order is specified in the Act of acceptance of the transfer of the order.

4.7. After the transfer of the Goods, the Buyer has no right to make claims to the Seller regarding the quantity and assortment of the Goods and its compliance with the Order.

4.8. In the event that the Buyer does not appear to receive the ordered Goods at the relevant post office within the period specified in the Shipment Confirmation, the Seller has the right to cancel the Order. At the same time, if the Buyer made an online payment for the Product, the refund is made in accordance with the procedure provided for in Clause 4.3 of the public offer.

5. The procedure for exchanging, returning and/or replacing the Goods. Warranty obligations.

5.1. The Buyer has the right to exchange / return the Product if it did not satisfy the Buyer in terms of shape, dimensions, color, size or for other reasons cannot be used by the Buyer for its intended purpose. The buyer has the right to exchange the product within 30 days, excluding the day of purchase. The exchange/return of the Goods of proper quality is carried out if it has not been used and if its appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the Goods have been preserved.

5.2. Goods of appropriate quality specified in the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 are not subject to exchange or return. No. 172 "On the implementation of certain provisions of the Law of Ukraine "On the Protection of Consumer Rights".

5.3. When the Buyer returns the Goods in accordance with clause 5.1, the Seller reimburses the Buyer for the value of the returned Goods in full by transferring the corresponding amount of money to the payment card (including in the case of online payment). For a refund, the Buyer must contact the Seller with a written application, provide an identity document, a payment document for the Goods, and, in the case of payment using a payment card, provide such a payment card. The transfer of funds in the amount of the value of the returned Goods to the Buyer's payment card is carried out within 10 working days, unless a longer period is determined by the rules of the payment system and the contractual conditions of the participants of the payment system.

5.4. The warranty for the Product is provided under the terms and during the warranty period established by the manufacturer of the Product, and is indicated in the accompanying and operating documentation for the product and/or on the marking. In the event that defects in the Goods are discovered during the established warranty period, the Buyer has the right to demand:

- proportional price reduction;

- free of charge elimination of defects of the Goods within a reasonable period of time;

- reimbursement of expenses for elimination of defects of the Goods.

5.5. In case of discovery during the established warranty period of significant defects that arose due to the fault of the manufacturer of the Goods (the Seller) or falsification of the Goods, confirmed if necessary by the conclusion of the examination, the Buyer in the manner and within the time limits established by the legislation and on the basis of the rules binding on the parties or contract, has the right to demand from the Seller or manufacturer:

- refund of the amount paid for the product;

- replacement of the Product with the same or similar product from among the available products.

A significant defect is a defect that makes it impossible or inadmissible to use the product in accordance with its intended purpose, was caused by the fault of the manufacturer (seller), after its elimination, appears again for reasons independent of the consumer, and at the same time is endowed with at least one of the following signs:

- it cannot be eliminated at all;

- its elimination requires more than fourteen calendar days;

- he makes the product significantly different from what is provided for in the contract.

5.6. The Buyer's requirements set out in clauses 5.4, 5.5 are presented at the Buyer's choice to the Seller, manufacturer or enterprise that satisfies these requirements at the Buyer's location, indicated in the marking and/or in the accompanying (operational) documentation for the product. The Buyer's claims are considered after he presents the settlement document, and for goods covered by a warranty period - a technical passport or another document that replaces it, with a mark on the date of sale, as well as in cases established by law - a warranty card. The Buyer's requirements for technically complex household goods are considered after presentation of the settlement document and the technical passport or another document that replaces it, with a mark on the date of sale. The Buyer's requirements cannot be satisfied if the Seller (manufacturer, other company that satisfies such requirements) does not prove that the defects of the Goods arose as a result of the Buyer's violation of the rules for using the Goods or storing them.

6. Rights and obligations of the Parties

6.1. The seller is obliged to:

6.1.1. Transfer complete quality Goods in accordance with the Order, if the Goods are available from the Seller;

6.1.2. Issue the settlement document to the Buyer and draw up the necessary documentation upon handing over the Goods, hand over accompanying and operating documentation, if it is provided for this type of Goods.

6.2. The seller has the right to:

6.2.1. for compensation for damages caused by the wrongful actions of the Buyer.

6.3. The buyer is obliged to:

6.3.1. accept the Goods in terms of quality, quantity, completeness in the order and terms established by this public offer and sign the document on the transfer of the Goods;

6.3.2. pay for the Goods under the terms of this public offer;

6.3.3. bear the risk of accidental death and damage to the Goods from the moment of its acceptance.

6.4. The buyer has the right to:

6.4.1. to receive the Goods in accordance with this Agreement;

6.4.2. for compensation for damages in case of non-fulfilment or improper fulfillment of obligations by the Seller according to the terms of the public offer;

6.4.3. The Buyer confirms that during the selection of the Product, he was provided with the necessary, complete, reliable and timely information about the Product and the warranty obligations, which ensured the possibility of a conscious and competent choice.

7. Liability of the Parties

7.2. In the case of non-fulfilment or improper fulfillment of its obligations, the guilty Party bears the responsibility provided for in the terms of the Agreement and the current legislation of Ukraine.

7.3. Real losses that are not covered by the payment of a penalty are subject to compensation under the Agreement.

7.4. The Seller is not responsible for untimely or improper fulfillment of the Order and its obligations under the Agreement in the event that the Buyer provides inaccurate or erroneous data during the registration or processing of the Order on the Seller's Website.

8. Term of validity of the Agreement

8.1. The Agreement is concluded and enters into force from the moment the Buyer confirms the Order in accordance with clause 2.7.4 of this public offer and is valid until the Parties fully fulfill their obligations under the Agreement.

8.2. The Agreement may be terminated early in the cases stipulated by this Agreement and the current legislation of Ukraine.

8.3. The invalidity of any point or part of the Agreement concluded by accepting this public offer does not lead to the invalidity of the entire Agreement.

8.4. The Seller reserves the right to unilaterally make changes to the text of the public offer through and from the moment of publication of the new text on the Seller's Website.

9. Force majeure circumstances

9.1. None of the Parties shall be liable to the other Party for non-fulfillment of obligations due to circumstances that arose beyond the will and desire of the Parties, which prevent the performance of this Agreement and which could not be foreseen or avoided, in particular, but not exclusively, epidemics, embargoes, earthquakes, floods, fires and other natural disasters (force majeure).

9.2. The Party that fails to fulfill its obligations due to force majeure must notify the other Party immediately, but no later than 5 working days.

9.3. If the force majeure circumstances have been in effect for one month and do not show signs of termination, this Agreement may be terminated unilaterally by the Seller or the Buyer by sending a notice to the other Party, and in addition by the Seller publishing a corresponding notice on the Seller's Website.

10. Other conditions

10.1. In case of questions and complaints from the Buyer, he should contact the Seller by phone or in another accessible way. The Parties to the Agreement have agreed that all disputes under this Agreement shall be resolved through negotiations between the Parties. In case of impossibility of resolving disagreements through negotiations, they are subject to consideration by the court in accordance with the procedure established by law.

10.2. The service for ordering goods on the Seller's Site may be temporarily partially / completely unavailable due to preventive or other technical works on the Seller's Site. The Seller has the right to periodically carry out the necessary preventive and technical work with or without prior posting of a corresponding warning on the Seller's Website.

10.3. The Buyer's wishes and proposals can be submitted by sending them to the Seller's e-mail address. Claims regarding the Goods are accepted in writing signed by the consumer.

10.4. The text of this offer in a format that does not make it impossible to change its content is available on the Seller's website.

10.5. In cases not provided for in the Agreement, the Parties are governed by the current legislation of Ukraine, in particular, but not limited to, and not exclusively, the Law of Ukraine "On the Protection of Consumer Rights", Resolution of the Cabinet of Ministers of Ukraine No. 833 dated 15.06.2006. "On the approval of the Procedure for conducting trading activities and the rules of trading services on the consumer goods market", Order of the Ministry of Economy of Ukraine No. 104 dated 04/19/2007. "On Approval of the Rules of Retail Trade of Non-Food Products", Resolution of the Cabinet of Ministers of Ukraine No. 506 dated 04.11.2002. "On approval of the Procedure for warranty repair (maintenance) or warranty replacement of technically complex household goods", etc.

10.6. The seller is a single tax payer in the 2nd group of the simplified taxation system.