Terms of agreement
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Public offer agreement
1. GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is drawn up in the form of a Public Offer Agreement. Clicking on the page of the Website https://odnorazki.kiev.ua in the shopping cart of the button "Checkout" means that the Buyer, regardless of the status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation , took to fulfill the terms of the Public Offer Agreement, which are listed below.
1.2. The public offer agreement is public, that is, 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 conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force from the moment the Buyer clicks on the “Place an 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 fully settles with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty agreed to be bound by the Verkhovna Rada of Ukraine establishes other rules than those established by Ukrainian legislation, then the rules of the international treaty shall apply.
2. SUBJECT OF THE CONTRACT
2.1. The Seller undertakes, on the terms and in the manner specified in this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website https://odnorazki.kiev.ua, and the Buyer undertakes, on the terms and in the manner specified in this Agreement, to buy the Goods and pay money for it.
2.2. 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 them.
2.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or deceit.
2.4. The Seller confirms that it has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating in the process of executing this Agreement, and undertakes to be liable in case of violation of the Buyer's rights in the process of executing this Agreement and selling the Goods.
3. RIGHTS AND OBLIGATIONS OF THE SELLER
3.1. The seller is obliged:
- fulfill the terms of this Agreement - fulfill the Buyer's orders in case of receipt of payment from the Buyer;
- transfer the Goods to the Buyer according to the selected sample on the relevant page of the Website https://odnorazki.kiev.ua, executed in the form of an order and on the terms of this Agreement;
- check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
- notify the buyer of a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing.
3.2. The seller has the right:
- unilaterally suspend the provision of services under this Agreement, in case of violation by the Buyer of the terms of this Agreement.
A business entity from among the persons offering for purchase on the Website https://odnorazki.kiev.ua. Goods according to the unified agreed rules set forth in this public offer agreement.
4. RIGHTS AND OBLIGATIONS OF THE BUYER
4.1. The buyer is obliged:
- timely pay and receive the order on the terms of this Agreement;
- read the information about the Goods posted on the Website https://odnorazki.kiev.ua;
- upon receipt of the Goods, make sure the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete packaging of the Goods, fix them in the act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
4.2. The buyer has the right:
- place an order on the corresponding page of the Website https://odnorazki.kiev.ua;
- require the seller to fulfill 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.
5. HOW TO ORDER
5.1. The Buyer independently places an order on the corresponding page of the Website https://odnorazki.kiev.ua by adding the Goods to the virtual basket by pressing the "BUY" button, or by placing an order by e-mail, or by phone number specified in the contacts section Web -site https://odnorazki.kiev.ua.
5.2. The term for the formation of the Order is up to 2 working days from the moment of its registration. If the order is sent on a weekend or holiday, the formation period starts from the first working day after the holiday.
6. PRICE OF THE CONTRACT AND PROCEDURE OF PAYMENT
6.1. The price of each individual Goods is determined by the Seller and indicated on the corresponding page of the Website https://odnorazki.kiev.ua. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket.
6.2. The cost of the Order may vary depending on the price, quantity or range of goods.
6.3. The buyer can pay for the order in the following ways:
1) using LiqPay Internet banking. Credit card Visa, Mastercard.
2) cash on delivery, upon receipt of the Order at the delivery service office on the territory of Ukraine or on the territory of another country in accordance with the place where the goods were ordered.
3) in any other way as agreed with the Seller.
Note. When the Buyer pays for an order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for an 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. By clicking on the Website page https://odnorazki.kiev.ua in the relevant section of the "Place an order" button, it means that the Seller has notified the Buyer of the possibility of charging an additional commission when the Buyer pays for European orders, the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
7. TERMS OF DELIVERY OF GOODS
7.1 The Buyer receives the Goods using the chosen delivery method. The order of payment and receipt is indicated on the corresponding page of the Website https://odnorazki.kiev.ua.
7.2. When delivering the Goods to other cities of Ukraine or to the territory of another country, performed by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
7.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own signature in the consignment note, declaration of the Carrier Company, or in the delivery note upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, in completeness according to the Buyer's Order and in proper quality.
7.4. If the Buyer is absent at the delivery address specified by the Buyer in the application or the Buyer refuses to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the branch of the carrier company from which the Order was sent to the Buyer by the Seller. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The balance 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 that arose in the process of payment and receipt of the Goods, the Buyer can find out by contact information in the Contacts section.
8. TERMS OF RETURN
8.1. In accordance with Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange the Goods of inadequate quality within fourteen days, not counting the day of purchase, unless a longer period is declared by the Seller. The Buyer has the right to exchange the Goods, subject to the provisions of the law on the grounds and the list of Goods that are not subject to exchange (return). Books, according to the Law of Ukraine, are not subject to return and exchange. Books with printing defects and mechanical damage are subject to return.
8.2. 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 terms and conditions of the carrier or courier in force on the territory of Ukraine or on the territory of another country, in accordance with the place of receipt of the Goods and is carried out with the consent of the Seller and for Buyer's account.
8.3. In the event of a printing defect or other shortcomings, the Buyer is obliged to fix it in the drawn up act of any form. The act must be signed by the Buyer and the person who delivered the Goods or by the Seller. If possible, imperfections should be recorded by means of photography or video filming. Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing an order for the Goods) about the identified deficiencies and agree on the replacement of the Goods, while filling out the complaint form for the return of the Goods on the website https://odnorazki.kiev.ua.
8.4. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the receipt by the Buyer of the Goods in proper condition is recognized - without any mechanical damage and in full.
9. RESPONSIBILITIES OF THE PARTIES AND RESOLUTION OF DISPUTES
9.1. 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 applicable international and Ukrainian legislation.
9.2. In the event of disputes related to the implementation by the Parties of this Agreement, with the exception of disputes regarding the collection of debts 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. For disputes in connection with the collection of debts from the Buyer, compliance with the claim procedure is not required.
9.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its execution, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
10. FORCE MAJOR EVENT
10.1. The Parties shall not be 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 that are really beyond the control of such a party that occurred after the conclusion of this Agreement, are unpredictable and inevitable.
Force majeure events include, but are not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
10.2. The Party for which it has become impossible to fulfill obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and 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.
10.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
10.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement continues for 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 termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
11. OTHER CONDITIONS OF THE AGREEMENT
11.1. 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 promotional messages, etc.).
11.2. By own acceptance of the Agreement or registration on the Website https://odnorazki.kiev.ua (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data with the following purpose: the data that becomes known will be used for commercial purposes, in including for processing orders for the purchase of goods, obtaining information about the order, sending advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website https://odnorazki. kiev.ua.
For the purposes provided for in this paragraph, the Buyer 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 telephone number specified in the questionnaire or the Order.
11.3. The Buyer gives the right to process his personal data, including: placing personal data in databases (without additional notice about it), storing data for life, accumulating, updating, changing (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 to the mandatory request of the competent state organ).
11.4. 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 promotional materials, sending it to the postal or e-mail address.
11.5. The Seller is not responsible for the content and accuracy 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.
11.6 The https://odnorazki.kiev.ua website permits you to view and download the materials for your personal non-commercial use only, provided that you retain all copyright and other proprietary notices contained in the original materials and any copies thereof. You may not modify the materials on this Site, or distribute or display them in any way, or use them in any other way for public or commercial purposes. Any use of these materials on other sites is prohibited. The materials are intended for use solely for personal purposes (including for showing friends on social networks, by e-mail, etc.).
11.7 The materials and services of this site are provided "as is" without warranty of any kind. Website https://odnorazki.kiev.ua does not guarantee the accuracy and completeness of the materials, programs and services provided on this Site. The website https://odnorazki.kiev.ua at any time without notice may make changes to the materials and services provided on this Site, as well as to the products and prices mentioned in them. In case of obsolescence of materials and services, the Website https://odnorazki.kiev.ua does not undertake to update them immediately. The https://odnorazki.kiev.ua website is under no circumstances liable for any damage (including, but not limited to damage from loss of profits, data or business interruption) arising from use, inability to use or results of use this site.
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