This agreement is the official and public offer of the Seller to conclude a contract for the purchase and sale of the Goods presented on the website https://remont-s troy.kh.ua/. This agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unscrupulous order, and all other terms of the agreement. The Agreement is considered concluded from the moment the "Confirm Order" button is pressed on the order page in the "Cart" section and the Buyer receives confirmation of the order from the Seller in electronic form.
1.1. Public Offer (hereinafter — "Offer") — a public offer of the Seller addressed to an indefinite circle of persons to conclude a distance purchase and sale agreement for goods with the Seller (hereinafter — "Agreement") on the terms contained in this Offer.
1.2. Goods or Services — the subject of the agreement between the parties, which was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store — the Seller's website at https://remont-s troy.kh.ua/ created for concluding retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer — a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.5. Seller — FOP Khazkhazyan Yu.S. (identification code 2348322991), a person created and operating in accordance with the current legislation of Ukraine, located at: 61050, Ukraine, Kharkiv, Hryhorii Skovoroda St., 5, office 202.
2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of filling in the order form by the Buyer on the Online Store website, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be executed in written form.
3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by email or by the phone number specified in the contacts section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its authenticity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. Last name, first name of the Buyer;
3.3.2. Address to which the Goods are to be delivered (if delivery to the Buyer's address);
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online Store website.
3.5. If any of the parties to the agreement requires additional information, they have the right to request it from the other party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.
3.6. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. By concluding the Agreement, that is, by accepting the terms of this offer (the proposed terms for purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely acquainted with and agrees to the terms of this offer;
b) they give permission for the collection, processing and transfer of personal data; permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the agreement, the Buyer confirms that they have been notified (without additional notification) of the rights established by the Law of Ukraine "On Protection of Personal Data", about the purposes of data collection, and also that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and for receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer their personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data" is known and clear to them.
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services on the website are indicated in hryvnias inclusive of VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of an individual unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by them.
4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a corresponding request by sending a letter to the email address or when placing an order through the online store operator.
4.6. The Buyer's obligations for payment of the Goods are considered fulfilled from the moment the funds are credited to the Seller's account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the Online Store website in the "Payment and Delivery" section.
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods to quality and quantity characteristics (name of goods, quantity, completeness, expiration date).
4.9. The Buyer or their representative at the time of acceptance of the Goods confirms with their signature on the sales receipt / or in the order / or on the waybill for delivery of goods that there are no claims regarding the quantity of goods, appearance and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or their Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods when the Goods are independently delivered from the Seller, or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.
5.1. The Seller is obliged to:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided for by legislation and in the course of fulfilling the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally, by posting them on the Online Store website. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Online Store website.
5.3.2 For the Seller to fulfill their obligations to the Buyer, the latter must provide all the necessary data that unambiguously identifies them as a Buyer, and sufficient for the delivery of the ordered Goods to the Buyer.
6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not satisfy them in terms of shape, dimensions, style, color, size or for other reasons cannot be used by them for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of goods of proper quality is carried out if it has not been used and if its commercial appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods have been preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund to the Buyer of the value of goods of proper quality is carried out within 30 (thirty) calendar days from the moment such Goods are received by the Seller, subject to compliance with the requirements provided for in clause 6.1. of the Agreement and the current legislation of Ukraine.
6.3. The value of the goods is subject to refund by bank transfer to the Buyer's account.
6.4. The return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed to the Buyer by the Seller.
6.5. If defects in the Goods are discovered within the established warranty period, the Buyer personally, in the manner and within the timeframes established by the legislation of Ukraine, has the right to make claims to the Seller as provided by the Law of Ukraine "On Consumer Rights Protection". When making claims for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller into their possession and physical access to such Goods.
6.6. Consideration of claims provided for by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller provided that the Buyer provides documents provided for by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined characteristics if the specified goods can only be used by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined characteristics is the difference in the dimensions of the goods and other characteristics specified in the online store.
6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section.
7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of Goods purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfillment of Orders and their obligations in the event of the Buyer providing inaccurate or erroneous information.
7.3. The Seller and the Buyer are liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from liability for complete or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The party that cannot fulfill its obligations immediately notifies the other party.
8.1. By providing their personal data on the Online Store website during registration or placing an Order, the Buyer provides the Seller with their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine "On Protection of Personal Data", without limiting the validity period of such consent.
8.2. 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 contractors and third parties acting on the basis of an agreement 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 the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor quality performance or non-fulfillment of their obligations due to the outdated information about the Buyer or its discrepancy with reality.
9.1. This agreement is concluded in the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If a dispute cannot be resolved through negotiations, the Buyer and/or the Seller have the right to apply to the courts for resolution in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the parties in the manner provided for by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
FOP Khazkhazyan Yu.S.
61050, Ukraine, Kharkiv, Hryhorii Skovoroda St., 5, office 202
Account UA723515330000026003035909868 at Kharkiv GRU JSC KB "PrivatBank"
MFO 351533
TIN 2348322991
VAT-free
tel. +38 (098) 865 85 84
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