This Public Agreement (Agreement and/or Offer), in which one party is the dealer.od.ua (ФОП Тілуг Д.Г) website, then the Seller, on the one hand and any other person, then the Buyer, acting for the purpose of purchasing the Goods, accepts (accepts) the terms of this agreement (hereinafter - the Agreement) on the other hand, made this agreement about the following:
1. GENERAL PROVISIONS
1.1 The seller sells goods on the Website: dealer.od.ua
In accordance with Article 633 of the Civil Code of Ukraine (CC of Ukraine), this Agreement is a public agreement (Agreement and/or Offer) addressed to an unlimited number of legal entities and individuals, and in case of acceptance (acceptance) of the conditions set forth below, any individual or legal entity (hereinafter The buyer) undertakes to fulfill the terms of this Agreement.
1.2 This contract is a public offer contract (in accordance with Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine), its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur).
1.3 In this contract, the following terms have the following meanings:
An offer is a public offer of the Seller, addressed to any individual and/or legal entity, to enter into a Public Contract with him for the purchase of goods, the list and photo of which are posted on the Website: dealer.od.ua;
Acceptance – full acceptance by the Buyer of the terms of the Agreement regarding the purchase of goods by adding them to the virtual basket;
The seller is any legal entity, natural person, entrepreneur, in accordance with the current Ukrainian legislation, who are the owners or distributors of the Goods and intend to sell them using the Website.
The buyer is any legally capable individual or legal entity who has accepted the terms of this Agreement and intends to purchase the goods;
Products — a list of assortment names presented in the online store.
The product is a list of assortment names presented in the online store.
Catalog — information about products, placed in the online store.
Place an order — the Buyer's decision to purchase a product placed in the online store.
1.4 As regards the acceptance of the terms of this contract, i.e. public offer of the online store, a citizen or legal entity who accepts the offer becomes a Buyer. Acceptance is the fact of placing an order by clicking on the "Place order" link in the shopping cart and paying for the order in the amount of 100% by choosing online payment or cash on delivery by "Nova Poshta" in the amount of 100% by choosing payment upon receipt, under the terms of this agreement.
2. SUBJECT OF THE AGREEMENT
2.1 The Seller undertakes to sell the product(s) on the basis of the Order(s) placed by the Buyer on the relevant page of the website dealer.od.ua under the terms and in the manner specified in this Agreement, and the Buyer undertakes to and in accordance with the procedure specified in this Agreement, to buy the Product and pay its price.
2.2 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.
2.3 This agreement regulates the purchase and sale in the online store, in particular:
a) voluntary choice by the Buyer of goods according to the "Catalogue";
b) self-registration of an order by the Buyer 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 ownership of the Buyer under the terms of this contract.
3. PROCEDURE FOR MAKING A PURCHASE
3.1. .The buyer places an order independently on the corresponding page of the dealer.od.ua website by adding the Goods to the virtual cart by clicking the "Add to cart" button, then placing the order in the cart by entering the necessary information and clicking the "Confirm order" button. phone number specified in the contact section of the site.
3.2 The Seller ensures the availability of the Goods presented on the Site. The photos accompanying the Product may differ slightly from the actual appearance of the Product, taking into account the color rendering characteristics of different devices used to view the Site.
3.3. In the event that the Goods ordered by the Buyer are not in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order by notifying the Buyer by sending an appropriate electronic message to the address specified by the Buyer during registration, or in another way.
3.4 After placing the Order on the Site, the Seller's representative contacts the Buyer by sending an electronic message to the address specified by the Buyer during registration or by phone and specifies information about the availability of the Goods, the estimated date and method of delivery.
4. CONTRACT PRICE, PAYMENT AND DELIVERY
4.1 The price of each individual Product is determined by the Seller and indicated on the relevant page of the dealer.od.ua website. The price of the Contract is determined by adding the prices of all the selected Goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery selected on the site.
4.2. The cost of the Order may vary depending on the price, quantity or product range.
4.3. The buyer can pay for the order in the following ways:
4.3.1 by bank transfer to the Seller's current account - the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% advance payment. If funds are not received, the online store reserves the right to cancel the order.
4.3.2 by transferring cash to the courier.
4.3.3 by post-payment upon receipt of the Order at the representative offices of delivery services.
4.3.4 in any other way as agreed with the Seller.
4.5 The buyer receives the goods with the help of delivery services or receives them personally. The procedure for payment and receipt of the Goods is specified on the "Delivery" and "Payment" pages of the dealer.od.ua website.
4.6. When delivering goods to other cities of Ukraine, which is performed by the Delivery Service (Carrier Companies), the Buyer fully and unconditionally agrees to the Rules for the transportation of goods by these carrier companies.
4.7. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the Delivery Services (Carrier Companies) is confirmed by the Buyer by signing the waybill, declaration, goods receipt, delivery Service (Carrier Company) invoice, or in the expense invoice, goods receipt . For its part, the Seller guarantees the shipment of the goods to the Carrier Company in the quantity specified and paid for by the Buyer, in the proper quality. After receiving the Goods, claims regarding external defects, quantity, completeness and product appearance are not accepted.
4.8. In case of absence of the Buyer at the delivery address specified by the Buyer in the order or refusal of the Buyer to receive the Goods for unjustified reasons, the goods are returned to the Seller upon delivery by the courier of the Delivery Service.
5. TERMS OF RETURN OF GOODS
5.1. According to Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights", the Buyer has the right to exchange Goods of proper quality within fourteen days, except for the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
5.2. If the Buyer intends to return the Goods, such return is carried out in accordance with the "Returns" section of the Site, taking into account the rules and conditions of the carrier or courier, which are in force on the territory of Ukraine or on the territory of another country, according to the place of sale of the Goods.
5.3. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record it in a deed of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (Seller's representative responsible for placing the order for the Goods) about the identified defects and agree on the replacement of the Goods.
5.4. The parties agreed that in the event of non-compliance 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 completeness.
6 LIABILITY OF THE PARTIES
6.1. The seller is obliged to fulfill the terms of this Agreement.
6.2 The Seller is obliged to hand over the Goods to the Buyer in accordance with the selected sample on the relevant page of the dealer.od.ua website, the completed order and the terms of this Agreement;
6.3. The Seller has the right to unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
6.4 All objects available on the website dealer.od.ua, including design elements, text, graphic images, illustrations, videos, computer programs, databases, music, sounds and other objects, as well as any which content posted on the services of the Sites are subject to the exclusive rights of the Seller and other rights holders. No elements of the content of the Website services, as well as any content posted on the Website, can be used in any other way without the prior permission of the Seller and/or the right holder. Use includes, but is not limited to: reproduction, copying, adaptation, distribution on any basis, etc.
6.5. The Buyer is obliged to pay and receive the Goods in a timely manner under the terms of this Agreement;
6.6 The Buyer is obliged to familiarize himself with the information about the Goods posted on the Seller's website;
6.7 Upon receipt of the Goods, the Buyer is obliged to verify the integrity and completeness of the Goods by inspecting the factory packaging in the presence of a representative of the Delivery Service. In the case of damage to the factory packaging or incomplete packaging of the Goods, record them in the act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
6.8 The buyer is obliged not to take any actions that may lead to a disproportionately large load on the infrastructure of the website dealer.od.ua;
6.9 The buyer is obliged not to use automatic programs to gain access to the website dealer.od.ua;
6.10 The buyer is obliged not to copy, reproduce, or change any information contained on the Website dealer.od.ua;
6.11 The buyer is obliged not to interfere and not to try to interfere with the operation and other activities of the website dealer.od.ua; and also not to interfere with the operation of automatic systems or processes, as well as other measures aimed at preventing or limiting access to the website dealer.od.ua;
6.12 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.
6.13 In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes about debt collection against the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The claim review period is 7 (seven) calendar days from the date of its receipt. Compliance with the claims procedure is not required for disputes in connection with debt collection from the Buyer.
6.14. All disputes, disagreements or claims arising from this Agreement or in connection with it, including regarding its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court of Ukraine.
7. OTHER
7.1. The online store reserves the right to expand and reduce the product offer on the Site, to regulate access to the purchase of any goods, as well as to suspend or stop the sale of any goods at its own discretion.
7.2. This Agreement shall be considered as published on the Site, and shall be applied and interpreted in accordance with the laws of Ukraine.
7.3. The public offer contract is located at dealer.od.ua/terms-ua