User agreement
This Agreement is a public contract - a contract of public offer, ie in accordance with Article 633 of the Civil Code of Ukraine, its terms 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 ordering, payment for goods, delivery of goods.
This Agreement is an agreement between NESAMOVYTO (online store "https://www.nesamovyto.com/") (hereinafter - "Seller") and any legal entity, individual entrepreneur or individual, user of Internet services -shop (hereinafter - the "Buyer"), which includes all the essential conditions for the organization of purchase - sale remotely (ie through the Internet - the store).
The terms of this Agreement regulate the relationship between Seller and Buyer and are determined by the Law of Ukraine "On Consumer Protection" № 1023-XII of May 12, 1991, the Rules of retail trade in non-food products, approved by the Ministry of Economy of Ukraine № 104 of April 19, 2007.
This agreement has the character of a public offer, is equivalent to an "oral agreement" and has the appropriate 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 conditions for the organization of purchase and sale remotely, ie through an online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine full and unquestioning acceptance of the terms of the public contract, ie the public offer of the online store is the fact by clicking on the link "Place an order", "Place an order" or "Buy in 1 click" and pay the order at 100% under this agreement .
1.3. The public offer is also accepted when registering the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully acquainted and agrees with its terms, and, if the Buyer is an individual, gives permission to process their personal data in order to fulfill the terms of this Agreement, the possibility of settlements, as well as to obtain invoices, acts and other documents. Permission to process personal data is valid throughout the term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", 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" - the Seller's website ("https://www.nesamovyto.com/"), created for the conclusion of contracts of retail and wholesale purchase and sale on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller on photos, by means of the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods - a remote means of selling the goods.
2.2. "Goods" - a list of names of the range, presented in the online store.
2.3. "Personal data" - any information that directly or indirectly relates to a particular person or to a person being identified.
2.4. "Significant defect of the Goods" - a defect that makes it impossible or unacceptable 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 and endowed with at least one of the following features:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) he makes the goods significantly different than provided by the contract.
3. The subject of the contract
3.1. The Online Store undertakes to transfer ownership of the goods to the Buyer, and the Buyer 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) voluntary choice by the Buyer of goods in the online store by category;
b) self-execution by the Buyer of the order on the website in the online store;
c) payment by the Buyer of the order placed in the online store;
d) execution and transfer of the order to the Buyer in the terms of this agreement.
4. The order of registration of the order
4.1. The buyer places an order online in the online store or by telephone to the contacts specified in the online store.
5. The cost and payment procedure for the goods
5.1. The full 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 he has already accepted the terms of the Seller and made in the manner prescribed by this agreement payment for the Goods (services).
5.3. The Buyer pays for the order within 2 working days (in the amount of 100% of the subscription) by bank transfer to the current account of the Seller specified in the invoice, incl. using Internet banking.
6. Delivery of the order
6.1. Shipment of goods to the Buyer occurs after receipt from the Buyer of 100% payment on the invoice.
6.2. Delivery and return of goods is performed by the Seller or the transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 10 days.
6.3. The cost of delivery to the Internet store is not specified, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering wholesale batches, terms and methods of delivery are agreed separately in each 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 for the return delivery of the goods is made by the Buyer to the Carrier Company independently. 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 similar from the seller from whom he was purchased, if the product did not satisfy him in shape, size, style, color, size or for other reasons can not be used for its intended purpose under the following conditions:
A) the goods for exchange are provided to the Seller within not more than fourteen days, not counting the day of purchase;
B) the product may be replaced if it has never been in operation, does not contain traces of use and if its product appearance, consumer properties, seals, labels, films are preserved, the integrity of packaging of the product and its components is not violated;
C) the product does not contain scratches, chips, abrasions, fully functional;
D) the completeness of the sold goods is preserved;
Ґ) the goods may be replaced upon presentation by the Buyer of a settlement document issued to the Buyer together with the sold Goods.
7.1.1. Requirements p.7.1. do not apply to goods that in accordance with Annex №3 to the Resolution of the Cabinet of Ministers of Ukraine from 19.03.94 №172 "On the implementation of certain provisions of the Law of Ukraine" On Consumer Protection ", are included in the List of goods of proper quality, not subject to exchange ( return)
7.2. If the Goods do not meet the conditions specified in paragraphs. A) - Ґ) p. 7.1., The Seller has the right to refuse to exchange the Goods.
7.3. Transport costs for delivery of the Goods at the exchange according to item 7.1. rely on the Buyer.
7.4. When exchanging goods, its warranty period is recalculated from the date of exchange.
7.5. If at the time of exchange of a similar product is not for sale, the Buyer has the right to either buy any other products from the available range with the appropriate transfer of value, or terminate the contract and get back the money in the amount of returned goods, or exchange goods for similar at the first receipt of the relevant goods for sale.
8. Rights and obligations of the parties
8.1. The buyer must:
a) get acquainted with the information about the Goods, which is posted on the Seller's website;
b) place an order on the site yourself;
c) timely pay and receive an order from the Carrier under the terms of this agreement;
d) upon receipt of the goods from the carrier to make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damages and incomplete complete set - to fix them in the act which together with the Buyer should be signed by the employee of the carrier.
8.2. The buyer has the right to require the online store to comply with the terms of this agreement.
8.3. Online store must:
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 and the terms of this agreement;
c) the online store is not liable, can not act as a defendant in court and does not reimburse damages incurred by the Buyer due to the action or inaction of third parties.
8.4. Online store has the right to:
a) unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
9. The order of acceptance of the goods by the Buyer
9.1. Upon receipt of the Goods in the carrier's warehouse, from the courier or the Seller, the Buyer 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 completeness.
9.2. In the case of at least one of those listed in paragraph 9.1. The Buyer is obliged to fix the contract of defects in the made act of any form. The act must be signed by the Buyer and the employee of the carrier or Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to notify the manager (representative of the Seller responsible for placing an order for the Goods) of the identified defects and agree to replace the Goods.
9.3. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer receives the Goods in good condition - without any mechanical damage and in full.
9.4. In case of detection during the established warranty period (expiration date) of significant defects caused by the fault of the manufacturer of the goods (Seller), or falsification of the Goods, confirmed by the conclusion of the examination, the Buyer, in the manner and within the warranty period of the manufacturer, taking into account of the terms of the Offer Agreement has the right to demand from the Seller:
9.4.1. termination of the contract and refund of the amount paid for the Goods;
9.4.2. replacement of the goods with the same Goods or similar, from those available from the Seller.
9.5. In this case, upon confirmation by the Seller of significant defects of the Goods and upon the will of the Buyer, the paid funds are subject to return to the latter on the details specified by him within 7 (seven) calendar days of 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 return of the Goods must take place in the original packaging in which the Goods were received, while preserving the appearance and consumer qualities of the goods.
9.8. All issues not regulated in this Agreement-offer, related to the procedure, conditions of warranty repair or replacement of the Goods in case of defects during the warranty period (suitability), are governed by the warranty obligations specified by the manufacturer of the Goods, and in case of failure such warranty obligations - in accordance with current legislation of Ukraine.
10. Responsibility of the parties
10.1. The Parties shall be liable for non-performance or improper performance 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 are released from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.3. The party referring to the force majeure must notify the other party in writing by e-mail within five calendar days of the occurrence of such circumstances.
10.4. If, due to force majeure, the non-performance of obligations under this Agreement lasts for more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
10.5. The Parties shall make every effort to resolve any differences solely through negotiations.
11. Other conditions
11.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the website "https://www.nesamovyto.com/"
11.2. Internet - a store created to organize a remote way of selling goods over the Internet.
11.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.
11.4. The buyer is responsible for the accuracy of the information specified when ordering.
11.5. Payment by the Buyer for 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 concluding the Purchase and Sale Agreement between the Seller and the Buyer.
11.6. The use of the Internet - store resource for viewing the goods, 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 purposes of the online store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.).
11.8. By self-acceptance of the Agreement or registration on the website "https://www.nesamovyto.com/" (filling in the registration form) the Buyer voluntarily consents to the collection and processing of personal data in the registered database of the Seller "Counterparties" for the following purpose: data that become known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending telecommunications (e-mail, mobile) advertising and special offers, information about promotions, raffles or any other For other purposes provided for in this paragraph, the Seller has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.
11.9. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer's database (without additional notification of the Participant), to carry out lifelong data storage, accumulation, update, change (as necessary). The Buyer undertakes to protect data from unauthorized access by third parties, not to disseminate 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 objectives, as well as at the mandatory request of the competent public authority).
11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12. Validity of this agreement
12.1. This agreement comes into force from the date of ordering or registration in the online store "https://www.nesamovyto.com/" and is valid until all the terms of the agreement.