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PUBLIC CONTRACT (OFFER) for ordering, sale and delivery of goods
The present Agreement is an official and public offer made by the Seller to enter into a Contract to Sell the Goods presented on the web site https://shop.tqdnipro.com/.
This Agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are equal for all buyers regardless of their status (individual, legal entity, entrepreneur) without favoring one buyer over another. By concluding this contract, the buyer fully accepts the terms and conditions and the procedure for placing an order, payment for the goods, delivery of the goods, return of the goods, liability for bad faith order and all other terms of the contract.
The Agreement shall be deemed to be concluded from the moment the Buyer clicks on the "Confirm Order" button in the "Shopping Cart" section of the checkout page and receives an order confirmation in electronic form from the Seller.
1. Defining and Using Terms
1.1. Public Offer (hereinafter referred to as the "Offer") is a public offer by the Seller to an unspecified number of persons to enter into an agreement for the sale of goods with the Seller by remote means (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer.
1.2. Goods or Service - the subject of the Contract between the Parties, which has been selected by the Buyer on the web site https://shop.tqdnipro.com/ and placed in the shopping cart, or which has already been purchased by the Buyer from the Seller at a distance.
1.3. On-line shop - the seller's website at https://shop.tqdnipro.com/ is for the conclusion of retail and wholesale purchase and sale contracts on the basis of the buyer's acquaintance with the description of the goods offered by the seller via the Internet.
1.4. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to business activity, or a legal entity or individual entrepreneur.
1.5. The Seller is Oleksandra Yevhenivna Gubakova, a private entrepreneur (ID No. 3593901787), acting according to the valid legislation of Ukraine, whose registered office is located in Dnipro: Ukraine, 49038, Dnipro region, Dnipro city, Vasyl Chaplenko str. 15.
2. Subject Matter of the Agreement
2.1. Seller transfers the Goods to Buyer, and Buyer pays for and accepts the Goods on the terms of this Agreement.
2.2. The date of the conclusion of the offer contract (acceptance of the offer) and the moment of the Buyer's full and unconditional acceptance of the terms and conditions of the contract is the date of the Buyer's completion of the order form on the website, provided that the Buyer receives an order confirmation from the Seller in electronic form. If required by the Buyer, the Contract may be concluded in written form.
3. Purchase order process
3.1. The buyer independently places an order on the website by means of the "shopping cart" form or by means of an order by e-mail or by telephone at the number indicated in the "Contacts" section.
3.2. If the information provided by the Buyer at the time of placing the order is incomplete or its validity is questionable, the Seller has the right to refuse to transfer the order to the Buyer.
3.3. When placing an order on the website, the buyer agrees to provide the following mandatory information, which is required by the seller for the fulfillment of the order:
3.3.1. Last name, first name of the buyer;
3.3.2. The address to which the goods are to be delivered (if the goods are delivered to the address of the buyer);
3.3.3. Contact phone number.
3.3.4. Code used to identify a legal or individual entrepreneur.
3.4. In the Buyer's shopping cart on the website https://shop.tqdnipro.com/ the name, quantity, article and price of the goods selected by the Buyer are indicated.
3.5. Either party has the right to request additional information from the other party if necessary. The Seller shall not be responsible for providing the Buyer with quality services in the purchase of the Goods if the Buyer fails to provide the necessary information. 3.6. In case of placing an order through a representative of the Seller (section 3.1 of the present offer), the Buyer is obliged to provide the information specified in sections 3.3 - 3.4 of the present offer.
3.6. Acceptance of the terms and conditions of this offer by the buyer is done by entering the relevant data in the registration form on the website or by placing an order through the seller's representative - the operator. After placing an order through the Operator, the Buyer's data are entered into the Seller's database.
3.7. When placing an order, the buyer is responsible for the accuracy of the information provided.
3.8. By concluding the contract, i.e. by accepting the terms of this offer (the proposed terms of purchase of the goods), by placing an order, the buyer confirms the following:
a) The buyer is fully and completely familiar with the terms of this offer and is in agreement with them;
b) He/she authorizes the collection, processing and transfer of personal data. The permission to process 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 Contract, the Buyer confirms that he/she has been informed (without further notice) about the rights established by the Law of Ukraine "On personal data protection", about the purposes of data collection and that his/her personal data will be transferred to the Seller for the purpose of performance of the terms of this Contract, mutual settlements, receipt of invoices, certificates and other documents. The Buyer also agrees that, in order to fulfill the Buyer's order, the Seller has the right to access and transfer the Buyer's personal data to third parties without further notice to the Buyer. The Buyer acknowledges and understands the scope of his rights as a personal data subject according to the Law of Ukraine "On Personal Data Protection".
4. Goods price and delivery
4.1 The prices for the Goods and Services are set independently by the Seller. They are indicated on the Website. All prices for the Goods and Services are indicated on the Web Site in UAH and do not include VAT.
4.2 The prices of the Goods may be unilaterally changed by the Seller depending on the market conditions. At the same time, the Seller cannot unilaterally change the price of a separate unit of the Goods whose cost has been fully paid by the Buyer.
4.3. The cost of delivery of the goods to the buyer is not included in the price of the goods indicated on the website. The Buyer pays the cost of delivering the Goods directly to the delivery service (carrier) chosen by him according to the valid tariffs of the delivery service (carrier).
4.4. The cost of delivery of the Goods to the Buyer's address is not included in the price of the Goods shown on the Website.
4.5. The Seller may indicate the approximate cost of delivering the goods to the Buyer's address if the Buyer makes a request to the Seller by sending an email or placing an order using the Operator.
4.6. From the moment the Seller receives the funds in its account, the Buyer's obligation to pay for the Goods is fulfilled.
4.7. Payments for Goods between Seller and Buyer shall be made by the methods specified on the Website under "Payment and Delivery".
4.8. Upon receiving the goods, the Buyer is obliged to check the conformity of the goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, durability) in the presence of a representative of the delivery service (carrier).
4.9. Upon accepting the Goods, the Buyer or his/her representative shall confirm by his/her signature on the Purchase Order or on the Delivery Note that he/she has no claims regarding the quantity, appearance and completeness of the Goods.
4.10. In the case of self-delivery of the Goods by the Seller, or when the Goods are handed over by the Seller to the delivery service (carrier) chosen by the Buyer, the title and risk of accidental loss or damage to the Goods shall pass to the Buyer or its agent at the moment the Goods are received by the Buyer at the place of delivery.
5. Rights and Obligations of the Parties to the Agreement
5.1. The Seller is obligated to do so:
5.1.1. In accordance with the terms of this Agreement and the Buyer's Order, transfer the Goods to the Buyer.
5.1.2. Except as required by law and in the course of fulfilling the Buyer's order, not to disclose any private information about the Buyer and not to provide access to such information to any third party. м
5.2. The seller has the right to do so:
5.2.1 To unilaterally change the terms of this Agreement, as well as the prices of the Goods, by posting them on the Website. All changes take effect when they are posted.
5.3 Buyer agrees:
5.3.1 Familiarize yourself with the content of the Agreement, the terms and conditions of the Agreement, and the prices offered by the Seller on the Website before entering into the Agreement.
5.3.2 The Buyer must provide all necessary information that uniquely identifies the Buyer and is sufficient to deliver the ordered goods to the Buyer in order for the Seller to fulfill its obligations to the Buyer.
6. Return of the Goods
6.1. Within 14 (fourteen) days from the date of purchase, the Buyer has the right to return the goods in good condition. The goods of good quality shall be returned if they have not been used and if their presentation, consumer characteristics, packaging, seals, labels, as well as the payment document issued to the Buyer for the payment of the goods are in order. The Cabinet of Ministers of Ukraine shall approve the list of goods that may not be returned for the reasons specified in this clause.
6.2. The Buyer shall be reimbursed for the cost of defective goods, subject to the requirements of clause 6.1. of the Agreement, the current legislation of Ukraine within 30 (thirty) calendar days from the date of receipt of the goods by the Seller.
6.3. The amount paid will be refunded to the Buyer's bank account.
6.4. The return of defective goods to the seller's address is at the buyer's expense. The seller won't refund the buyer. At 11:05
6.5. In case of detecting the defects of the goods during the established warranty period, the Buyer is entitled to make claims against the Seller personally, in the manner and within the terms established by the legislation of Ukraine, provided by the Law of Ukraine "On Protection of Consumer Rights". In case of claims for free removal of defects, the period for their removal shall be calculated from the date of receiving the goods at the Seller's disposal and having physical access to them.
6.6. If the Buyer provides the documents required by the current legislation of Ukraine, the Seller shall take into account the requirements of the Law of Ukraine "On Consumer Protection". The Seller shall not be liable for defects of the Goods caused after their delivery to the Buyer due to the Buyer's failure to observe the rules for using or storing the Goods, third party actions or force majeure.
6.7. The Buyer shall not be entitled to reject goods of good quality that have individually determined characteristics, if the said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, equipment, etc.). The confirmation that the goods have individually determined characteristics is the difference in size of the goods and other characteristics indicated on the website.
6.8. The goods must be returned to the address indicated on the website in the "Contacts" section, in the cases provided for by law and by this Agreement.
7.1. The Seller shall not be liable for any damage caused to the Buyer or any third party as a result of improper use, storage or handling of the goods purchased from the Seller.
7.2. If the Buyer provides false or misleading information, the Seller shall not be liable for improper or untimely performance of the orders and its obligations.
7.3. The Seller and the Buyer shall be responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. Neither the seller nor the buyer shall be liable for the total or partial non-performance of their obligations if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that have occurred after the conclusion of this agreement independently of the will of the seller and/or the buyer. The party shall immediately notify the other party if it is unable to perform its obligations.
8. Confidentiality and Protection of Personal Information.
8.1. The Buyer voluntarily gives the Seller his consent to process, use (including transfer) of his personal data and to perform other actions provided for by the Law of Ukraine "On Protection of Personal Data" by providing his personal data on the Website during registration or placing an order, without limiting the validity of such consent.
8.2. The Seller undertakes not to disclose to any third party the information received from the Buyer. It shall not be considered a breach if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for fulfilling obligations to the Buyer, as well as in cases where disclosing such information is required by the requirements of the current legislation of Ukraine.
8.3. It is the responsibility of the Buyer to keep his or her personal information up to date. The Seller shall not be held liable for any failure to perform or failure to perform its obligations due to the irrelevance of the Buyer's information or its inconsistency with reality.
9. Other conditions
9.1. This contract is concluded on the territory of Ukraine. It is valid according to the current legislation of Ukraine.
9.2. Negotiations shall be used to settle all disputes arising between the Buyer and the Seller. In case of failure to settle the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities for settlement of the dispute in accordance with the current legislation of Ukraine.
9.3. All disputes arising between the Buyer and the Seller shall be settled by negotiations. The Buyer and/or the Seller shall have the right to apply to the judicial authorities for settlement of the dispute in accordance with the current legislation of Ukraine if the dispute is not settled by negotiations.
10. ADDRESS AND DETAILS OF THE SELLER:
PE Gubakova Oleksandra Yevhenivna TIN 3593901787 Ukraine, 49038, Dnipro region, Dnipro city, 15 Vasyla Chaplenka str., apartment 1 Is a single taxpayer, group 2