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This Agreement is a public contract – a Public Offer Agreement, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). Upon full agreement with this Agreement, the buyer accepts the terms and conditions of placing an order, paying for the goods, and delivering the goods.
This Agreement is an agreement between the FOP Krasovsky S.O., which is valid on the basis of the Extract from the Unified State Register of Legal and Individual Entrepreneurs dated February 23, 2018 under number 2 026 000 0000 041726. (online store “www.kohana .org.ua”) (hereinafter referred to as the “Seller”) and any legal entity, individual entrepreneur or individual user of online store services, hereinafter referred to as the “Buyer” (hereinafter referred to as the “Buyer”), which includes all essential conditions for the organization of buying and selling remotely (i.e. through the Internet store).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine “On the Protection of Consumer Rights” No. 1023-XII of May 12, 1991, the Rules of Retail Trade of 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, is the equivalent of an “oral agreement” and, in accordance with the current legislation of Ukraine, has due legal force.
1. General provisions
1.1. This contract 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, i.e. through an online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine, the full and undisputed acceptance of the terms of the public contract, that is, the public offer of the online store, is a fact by clicking on the link “Make 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. The public offer is also accepted upon registration of the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely acquainted with and agrees with its terms, and also, if the Buyer is a natural person, gives permission for the processing of his personal data for the purpose of the possibility of fulfilling the terms of this Agreement, the possibility of carrying out mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, about the purposes of data collection. The extent of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understood by him.
2. Terms and definitions
2.1. “Internet – shop” – the website of the Seller (“www.kohana.org.ua”), created for the conclusion of retail and wholesale purchase – sale contracts on the basis of familiarization of the Buyer with the description of the Goods offered by the Seller in photographs, using the Internet, which excludes the possibility direct familiarization of the Buyer with the Product – a remote means of selling the product.
2.2. “Product” – a list of names of the assortment presented in the online store.
2.3. “Personal data” is any information that directly or indirectly relates to a specific person or to an identifiable person.
2.4. “Significant defect of the Product” – 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 is manifested again for reasons independent of the consumer, and at the same time is endowed with at least one of the following signs:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) he makes the goods significantly different from what is provided for in the contract.
3. 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 and accept the goods under the terms of this contract.
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-registration of the order by the Buyer on the website in the online store;
c) payment by the Buyer of the order made in the online store;
d) execution and transfer of the order to the Buyer’s ownership under the terms of this contract.
4. Order registration procedure
4.1. The buyer independently places an order online in the online store or by telephone using the contacts specified in the online store.
5. Price 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 market situation, which is reflected in the prices in the online store. The Seller cannot change the price for a specific Buyer, if he has already accepted the Seller’s terms and made payment for the Goods (services) in accordance with the procedure established by this contract.
5.3. The Buyer pays for the order within 2 working days (in the amount of 100% of the prepayment) by means of a bank transfer of money to the Seller’s current account specified in the invoice, incl. using Internet banking.
6. Order delivery
6.1. Shipment of the goods to the Buyer takes place after receipt of 100% of the invoiced payment from the Buyer.
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 cannot exceed 10 days.
6.3. The cost of delivery to the Internet store is not indicated, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering wholesale batches, delivery terms 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.
7. Return of goods of proper quality
7.1. The buyer has the right to exchange a good quality product for a similar one from the seller from whom it was purchased, if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose under the following conditions:
A) the goods for exchange were provided to the Seller within no more than fourteen days, excluding 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 appearance, consumer properties, seals, labels, films have been preserved, the integrity of the packaging of both the product itself and its accessories has not been violated;
C) the product does not contain scratches, chips, wear and tear, it is fully functional;
D) the completeness of the sold product is preserved;
d) the goods can be replaced upon presentation by the Buyer of the settlement document issued to the Buyer together with the sold Goods.
7.1.1. Requirements of item 7.1. do not apply to goods that, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On the implementation of certain provisions of the Law of Ukraine “On the Protection of Consumer Rights”, are included in the List of goods of appropriate quality that are not subject to exchange ( return)
7.2. In the event that the Product does not meet the conditions specified in paragraphs А) – D) clause 7.1., the Seller has the right to refuse to exchange the Goods.
7.3. Transport costs for the delivery of the Goods when exchanging according to clause 7.1. rely on the Buyer.
7.4. When exchanging a product, its warranty period is recalculated from the day of exchange.
7.5. If, at the time of the exchange, a similar product is not available for sale, the Buyer has the right to either purchase any other products from the available assortment with a corresponding recalculation of the price, 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 time receipt of the corresponding product for sale.
8. Rights and obligations of the parties
8.1. The buyer is obliged to:
a) familiarize yourself with the information about the Product, which is posted on the Seller’s website;
b) place an order on the website yourself;
c) timely pay and receive the order from the Carrier under the terms of this contract;
d) when receiving the goods from the carrier, make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damages and incomplete equipment, record them in the act, which must be signed by the carrier’s employee together with the Buyer.
8.2. The buyer has the right to demand from the online store compliance with the terms of this contract.
8.3. The online store is obliged to:
a) comply with the terms of this contract;
b) deliver the goods to the Buyer in accordance with the selected sample placed in the online store, the completed order and the terms of this contract;
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 action or inaction of third parties.
8.4. The online store has the right to:
a) unilaterally suspend the provision of services under this Agreement in the event of a breach by the Buyer of the terms of this Agreement.
9. Procedure for receiving goods by the Buyer
9.1. When receiving the Goods at the warehouse of the carrier, from the courier or the Seller, the Buyer is obliged to check the external integrity of the packaging, after which to open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its completeness.
9.2. In case of presence of at least one of those listed in clause 9.1. Contract of defects, the Buyer is obliged to record it in a written deed of arbitrary form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (the representative of the Seller responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods.
9.3. The parties agreed that in the event of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition – without any mechanical damage and in full completeness.
9.4. In case of discovery during the established warranty period (expiry period) of significant defects that arose due to 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 terms established by the warranty obligations of the manufacturer of the Goods, taking into account of the terms of the Contract-offer has the right, at its discretion, to demand from the Seller:
9.4.1. termination of the contract and return of the amount paid for the Goods;
9.4.2. replacement of the product with the same Product or a similar one, from among those available at the Seller.
9.5. In such a case, upon confirmation by the Seller of significant defects in the Goods and upon the Buyer’s declaration of will, the paid funds shall be returned to the latter for the details specified by him within 7 (seven) calendar days from the return of the Goods.
9.6. In cases of replacement of low-quality Goods, payment for carrier services is carried out 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, preserving the product’s appearance and consumer qualities.
9.8. All issues not settled in this Contract-offer, related to the order, conditions of warranty repair or replacement of the Product when defects are detected during the warranty (suitability) period, are regulated in accordance with the warranty obligations specified by the manufacturer of the corresponding Product, and in case of non-establishment by the manufacturer such warranty obligations – 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 by this Agreement and the current legislation of Ukraine.
10.2. In case of force majeure, the parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.3. The party citing force majeure must notify the other party of the occurrence of such circumstances in writing by e-mail within five calendar days.
10.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than five months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing.
10.5. The parties make maximum efforts to resolve any disagreements exclusively through negotiations.
11. Other conditions
11.1. The online store reserves the right to unilaterally make changes to this Agreement with its prior publication on the website “kohana.org.ua”
11.2. The online 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 veracity 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 the order made in the Internet store means the Buyer’s full agreement with the terms of the Purchase and Sale Agreement (public offer of the Internet 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 Internet store resource to view the product, as well as to place 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 a message to the Buyer about order fulfillment, sending advertising messages, etc.).
11.8. By accepting the Agreement or registering on the website “www.kohana.org.ua” (filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data in the registered database of the Seller “Counterparties” for the following purpose: the 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 orders, sending advertising and special offers, information about promotions, sweepstakes or any other information via telecommunications means of communication (e-mail, mobile communication) about store operations. 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 and e-mail, as well as send sms messages and make calls to the phone number specified in the application form.
11.9. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer’s databases (without additional notification to the Participant about this), to carry out lifelong data storage, their accumulation, update, change (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 related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, as well as at the mandatory request of a competent state body).
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 validity of this contract
12.1. This agreement enters into force from the day of placing an order or registration in the online store “www.kohana.org.ua” and is valid until all terms of the agreement are fulfilled.
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