PUBLIC OFFER AGREEMENT
The following text is a contract between the online store https://pokupki.com.ua - FOP Chehlyaev V.M. (hereinafter - the Seller) and the user of the services of the online store, hereinafter called the "Buyer", and defines the conditions of purchase and sale goods by the Buyer through the Seller's website. 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.
GENERAL PROVISIONS
1.1. This contract is a public offer contract (in accordance with Articles 633, 641 of the Civil Code of Ukraine), its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur).
1.2. In case of acceptance of the terms of this contract, i.e. the public offer of the Seller, the user becomes the Buyer.
1.3. According to Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the Agreement for the sale of goods on the proposed terms, is the fact that the Buyer has paid the price of the Goods ordered on the Online Store Site (or in another way).
TERMS AND DEFINITIONS
2.1. The online store - the seller's website is 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 in photographs proposed by the Seller, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods - a remote means of selling the goods.
2.2. Product – the list of products published on the website of the online store. Models, accessories, components and accompanying items offered for sale in the online store, or already purchased by the Buyer from the Seller remotely
2.3. The buyer is a natural person who has reached the age of eighteen, who receives information from the online store, who places an order for the search, assembly and reservation of the Goods presented on the website of the online store, for purposes not related to the implementation of business activities, or a legal entity person / natural person - entrepreneur.
2.4. Order - a completed and placed application of the Buyer, addressed to the Seller, for the assembly, reservation of Goods, for their subsequent purchase by the Buyer.
2.5. The site is a collection of pages, which can be accessed using a web browser, and software modules united by a single management system, located on the Internet at the address https://pokupki.com.ua and containing all the signs of a public search offer, configuration and reservation of Goods selected by the Buyer on the website.
2.6. Personal account – a space on the Site to which the Buyer has access, which reflects his personal information and the history of Orders placed by him.
SUBJECT OF THE AGREEMENT
3.1. This contract defines the order of interaction and the conditions for the provision of services by the Seller to the Buyer, based on his desire, desire and opportunity to use the services of searching, assembly and reservation of Goods, as well as on the Seller's desire to provide the Buyer with the information he needs, find and assemble the Goods according to the Buyer's Order, and reserve them for further purchase by the Buyer.
3.2. The Seller provides the following services to the Buyer:
3.2.1. Completion, reservation, sale of Goods based on the Order placed by the Buyer on the Site and confirmed by the Seller.
3.3. The Seller carries out the sale and delivery of the Goods using the courier delivery services indicated on the Seller's website based on the Buyers' applications left on the Site and confirmed by the Seller. The prices for the Goods specified on the Site include the cost of search, assembly and reservation services, unless otherwise specified in the confirmation of the Application. Delivery is paid by the Buyer separately, to the courier service.
3.4. The Buyer agrees to the terms of this contract at the time of placing the Order by clicking on the "Confirm order" button, which expresses the Buyer's confirmation that he has read the text of this contract and agrees with its terms. In the future, the Buyer's refusal to give his consent in this way relieves the Seller of any kind of responsibility for non-fulfillment of the terms of this contract and reserves the right of the Seller to cancel the Order unilaterally.
RULES FOR WORKING WITH THE SITE
4.1. The buyer can view the content of the Site, place an order, and also use other services.
4.2. Registration is required for the Buyer's access to personalized information and providing additional opportunities for working with the Site.
4.3. When registering, the Buyer enters the following data:
· User name
· Email address
· Phone number
· Password
4.4. The buyer undertakes to provide true, accurate and complete information about himself. The Seller is not responsible for the accuracy and correctness of the information left by the Buyer when registering and placing the Order.
4.5. After registration on the Site, the Buyer is given access to the Personal Account.
4.6. The buyer undertakes not to disclose the access parameters specified during registration to third parties. If the Buyer suspects the unauthorized use of such parameters by third parties, the Buyer undertakes to immediately notify the Seller by sending an e-mail to pokupki.com.ua@ukr.net or calling +38 0675761032
4.7. The buyer is responsible for any actions performed on the Site under his account and on his behalf.
4.8. The Seller has the right to deny the Buyer the use of the Seller's services if he has reason to believe that the Buyer has provided inaccurate data, as well as in case of dishonest behavior (for example, violation of the terms of this contract, etc.).
4.9. It is forbidden to use the Site in illegal and prohibited activities. Buyers of the online store agree to comply with the laws of Ukraine and norms of behavior adopted on the Internet, namely, but not limited to posting on the site materials of an extremist, pornographic or other nature that affects and / or damages the honor, dignity and / or business reputation of third parties persons and violate generally accepted standards of morality, as well as post advertising information without the Seller's permission.
ORDER PROCEDURE
5.1. The Buyer places the Order on the Site independently, by adding the selected Goods to the virtual basket and clicking the "Place Order" button.
5.2. Registered and unregistered Buyers can place an Order for Goods.
PAYMENT PROCEDURE
6.1. The Buyer acquires the Goods specified in the order placed on the Site, and also pays for the Seller's services on the terms agreed by the parties in the Buyer's order confirmed by the Seller:
- On the terms of prepayment to the Seller's account specified in the order;
- At the time of receipt of the Goods at the courier service branch.
6.2. The total cost of the Order, which includes the full cost of the Seller's Goods and services, is equal to the amount to be paid and is indicated on the Site at the time of placing the Order.
CONDITIONS OF RETURNS.
7.1. The buyer has the right to refuse received goods of inadequate quality within fourteen days, counting from the day of receipt of the goods, provided that the packaging, appearance and consumer qualities of the goods are preserved.
7.2. If the Buyer refuses the parcel, the shipment is returned to the sender, that is, to the Seller. Payment for the return shipment of the parcel is paid by the Buyer.
CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
8.1. When registering on the Site, the Buyer leaves personal and contact data specified in clause 4.3. of this agreement, but are not limited to it.
8.2. By providing his personal data on the Site when registering or placing an Order, the Buyer gives his voluntary consent to the processing and use (including the transfer) of his personal data without limiting the term of such consent in accordance with the Law of Ukraine "On the Protection of Personal Data" dated 01.06. 2010
8.3. The Seller uses the received personal data to provide the services specified in this contract, to promote the services provided by the Seller, including through the automated processing of personal data.
8.4. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by legal requirements.
8.5. If the Buyer does not want the Seller to continue processing personal data, then the Buyer must apply to the support service. In this case, the Buyer will not be able to continue using the Seller's services.
8.6. The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance of the obligations assigned to him due to the irrelevance of information about the Buyer or its inconsistency.
INFORMATIONAL MESSAGES
9.1. By registering on the Site, the Buyer gives the Seller consent to receive informational messages from the Seller and its partners acting on the basis of the contract with the Seller, using the short message service (SMS) and e-mail.
9.2. At any time, the Buyer has the right to refuse to receive such mailings by changing the appropriate settings in the Personal Account.
RULES FOR USE OF MATERIALS PLACED ON THE SITE
10.1. The Site contains materials, trademarks, trade names and other materials protected by law, including but not limited to text, photographs, graphics, music and sound works.
10.2. The entire content of the Site is protected by the legislation of Ukraine.
10.3. The buyer has no right to use the materials posted on the Site, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create secondary documents, etc.
OTHER TERMS
11.1. This contract is concluded on the territory of Ukraine and is subject to the material law of Ukraine.
11.2. The invalidity of any clause or part of this contract does not lead to the invalidity of the contract as a whole.
11.3. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue, the Buyer or the Seller may apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation.
11.4. The Seller has the right to make changes to the text of this contract at its own discretion at any time and without prior notice to the Buyers. The current (current) version of the contract is always available on the Site.