Public offer agreement
This agreement is an official and public offer of the Seller to enter into a contract of goods' sale presented on 281z.com.ua. This agreement is public, that is according to article 633 of Ukraine civil code, its terms are the same for all buyers regardless of status (an individual, legal entity, individual entrepreneur). By concluding this agreement, the buyer fully accepts the terms of the order, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and all other terms of the agreement. The agreement is considered concluded from the moment of clicking the "Confirm order" button on the order page, and the Buyer receives an order confirmation from the Seller in electronic form.
1. TERMS AND DEFENITIONS
1. Public offer agreement - the public offer of the Seller, which is posted on the Website 281z.com.ua, addressed to the public for the purpose of concluding the sale and purchase agreement of the Goods in the manner and in terms specified in this offer.
2. Acceptance (of an offer) - acceptance by the Buyer the Seller's offer to purchase the Goods, which images are posted on the Website 281z.com.ua by making an order.
3. Order - duly executed and posted on the Website 281z.com.ua Buyer's application which addressed to the Seller for the purchase and delivery of the Goods at the notified address by the Buyer.
4. Goods - a list of tangible objects posted on the Website 281z.com.ua for sale, indicating the name, price, description of characteristics and information about availability.
5. Warranty period is the period during which the seller undertakes obligations of making free repairs or replacement of relevant products in connection with its introduction into circulation.
6. Service life - the calendar period of using the product for its intended purpose, during which the manufacturer guarantees its safety and is responsible for significant defects caused by his fault, which is equal to the warranty period.
2. SUBJECT OF THE AGREEMENT
2.1. The seller undertakes to sell the goods on the basis of the order issued by the buyer on the relevant page of the website 281z.com.ua on the terms and in the manner specified in this Agreement, and the buyer undertakes to purchase goods and to pay for it on the terms and in the manner prescribed by this Agreement.
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 it.
2.3. The seller confirms that there are all the necessary permits to conduct business activities that regulate the scope of legal relations that arise and are in force in the course of this Agreement, and guarantees that there is the right to sell the Goods without any restrictions, in accordance with current law of Ukraine.
2.4. The photographs of the goods may slightly differ from the actual appearance of the goods, given the peculiarities of the transfer of colors and shades of the various devices by which the website 281z.com.ua is viewed. The accompanying product description / characteristics are not exhaustive and may contain misprints. The information posted on the Website 281z.com.ua is updated daily.
3.1. The buyer places his order on the relevant page of the website 281z.com.ua by adding the goods to the virtual basket by clicking the "Add to cart" button.
3.2. In the absence of the goods ordered by the buyer 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 phone or by sending an e-mail to the address specified by the Buyer at registration or otherwise.
3.3. In the absence of the goods, the buyer has the right to replace it with a similar goods, to refuse the goods, to cancel the order.
4. PRICE AND PAYMENT TERMS
4.1. The price of each individual product is determined by the seller and indicated on the website 281z.com.ua. The order's price is determined by adding the price of all goods included in the order, which is equal to the amount payable, which is indicated on the website 281z.com.ua when placing the order at the time of its placement.
4.2. The contract price is equal to the order price. The amount of the order may vary depending on the price, quantity or nomenclature of the goods.
4.3. When placing an order by the buyer on the website 281z.com.ua, payment for the goods is made after filling in the order form through the payment system of Privat Bank (LIQPAY).
4.4. The order is considered paid from the moment of receipt of funds in full to the seller's account.
4.5. Sending and delivery of the order is carried out after full payment of the order by the buyer according to paragraph 4.4. of this agreement.
5. TERMS OF DELIVERY
5.1. Delivery of the purchased goods on the website 281z.com.ua is carried out by the company "Nova Poshta" on the territory of Ukraine to the address specified by the buyer or the relevant branch of Nova Poshta.
5.2. The seller sends the ordered goods within 5 working days from the moment of payment by the buyer. The seller is not responsible for the delivery time, if the goods were handed over to Nova Poshta within 5 days after receipting the buyer's funds
5.3. Return of the goods by the buyer is made at his expense. In case of returning the goods of improper quality, after establishing this circumstance, the seller undertakes to reimburse the buyer the cost of return, within five days of receiving the relevant request of the buyer, on the basis of documents confirming such costs.
6. WARRANTY PERIOD
6.1. The seller sets the following warranty and service life for certain types of goods:
6.1.1. 14 days - for the exchange or return of products of proper quality, if the items have not been used and have retained their appearance, consumer properties, price tags, labels.
6.2. The warranty period of wearing (using) is calculated from the date of transfer of the goods to the final consumer.
7. WARRANTY TERMS
7.1. In case of detection of defects of the purchased goods during the warranty period, their free elimination is guaranteed, in case of detection of significant defects - return or replacement of goods.
7.2. Disadvantage - noncompliance of products with the requirements of laws and regulations, the terms of contracts or requirements for it, as well as information about the products provided by the manufacturer (performer, seller).
7.3. Significant defect - a defect that makes it impossible or inadmissible to use the product in accordance with its intended purpose, arose through the fault of the manufacturer (seller, performer), after its elimination comes out again for reasons beyond the consumer's control and at least endowed with one of the reasons below:
- cannot be removed at all;
- its removal reqiures more than 14 calendar days
- makes the goods significantly different than provided by the Agreement.
7.4. The warranty is not applied to discounted goods in case of defects.
7.5. Warranty claims are considered to the following conditions:
- the product is in a proper form (clean, dry, odorless) and in the original packaging;
- available payment document confirming the fact of purchasing this goods
- identity document (passport).
7.6. At the end of the warranty period, complaints about defects are not considered.
8. RETURN POLICY
8.1. The buyer has the right to exchange the goods of improper quality within 14 days, in case if its appearance, consumer properties, original factory packaging, labels, check are saved. Goods that have traces of use - are not subject to return (traces of use - any changes in the goods that indicate its intended use).
8.2. When exchanging goods of proper quality, the buyer has the right to:
8.2.1. Exchange goods for similar goods without extra charges and compensations
8.2.2. Purchase any other goods from the seller's available range, in such case the buyer will be refunded and a new purchase will be made.
8.2.3. If there are no available or similar goods at the time of exchange it is necessary to terminate the contract and get back the money in the amount of the value of the returned goods.
8.2.4. Refund to the buyer's card is made within 5 banking days.
8.3. Goods of proper quality are not subject to be exchanged / returned, in accordance with the Resolution of the Cabinet of Ministers of Ukraine "On realization of particular provisions of the Law of Ukraine" On Consumer Protection "of 19.03.1994 № 172, in particular: underwear, gloves, socks, bathing suits, hats for swimming.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The seller is obliged:
9.1.1. Execute the buyer's order in case of receipt of payment from the latter in full
9.1.2. Transfer the goods to the buyer of proper quality in accordance with the selected sample on the relevant page of the website 281z.com.ua, executed by the order and the terms of this Agreement, and provide information on the goods.
9.2. The seller has the right to:
9.2.1. Change the price of the goods posted on the website 281z.com.ua unilaterally with the subsequent notification of the buyer to receive confirmation or cancellation of the order.
9.2.2. Suspend the fulfillment of its obligations in case the buyer violates the terms of this Agreement.
9.3. The buyer is obliged:
9.3.1. Pay on time and receive orders under the terms of this Agreement.
9.3.2. Read the information about the product, which is posted on the website 281z.com.ua.
9.3.3. While receiving the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incompleteness of the goods - fix them in the act, which must be signed together with the buyer by the person who delivered it to the buyer.
9.3.4. Take full responsibility for providing false information, which has led to the impossibility of the seller to properly fulfill its obligations to the buyer.
9.4. The buyer has the right to:
9.4.1. Demand from the seller the fulfilment of the terms of this Agreement.
9.4.2. Place an order for any product posted on the website 281z.com.ua.
9.4.3. Return the goods under the conditions specified in Section 8 of this Agreement.
9.4.4. To receive from the Seller complete, reliable, time-sensitive information about the goods, as well as the rules of its operation.
10. RESPONSIBILITY OF THE PARTIES AND PROCEDURE FOR SETTLEMENT OF DISPUTES
10.1. The parties are liable for improper execution or disregard of provision in a manner stipulated by this agreement and applicable international and Ukrainian law.
10.2. In case of disputes related to the performance of obligations of this Agreement by the parties, except for disputes concerning the debt collection from the buyer, the parties undertake to resolve them through negotiations in accordance with the claims procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes related to the debt collection from the buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be settled in an appropriate court in accordance with international and Ukrainian substantive and procedural law.
11.1. The information provided by the buyer is confidential. Information about the buyer is used exclusively for the purpose of fulfilling his order (sending a message to the seller about the order of the goods, sending advertising messages, etc.).
11.2. By accepting this Agreement or registering on the website 281z.com.ua (filling in the registration form) the buyer voluntarily agrees to the collection and processing of personal data for the following purpose: the data that becomes known will be used for commercial purposes, including processing orders for the purchase of goods, receipt of order information, sending by telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activities of the website 281z.com. ua.
11.3. For the purposes provided for in paragraph 11.2. of this Agreement, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.
11.4. The buyer gives the right to process his personal data, including: to place personal data in the database (without further notice), to carry out lifelong storage of data, their accumulation, update, change, transfer to a third party for further processing within the purposes specified in paragraph 11.2. of this Agreement.
11.5. The seller is not responsible for the content and veracity of the information provided by the иuyer when placing an order. The buyer is solely responsible for the accuracy of the information specified in the order.