PUBLIC AGREEMENT (OFFER)
for ordering, purchasing and delivering goods
This agreement is an official and public offer of the Seller to conclude a contract for the purchase and sale of the Goods presented on the website www.u-tek.com.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 the purchase from another entrepreneur. 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 unfair order and other terms of the agreement. The Agreement is considered concluded from the moment the "Place an Order" button is clicked on the order page in the "Cart" Section and the Buyer receives an order confirmation from the Seller in electronic form.
1. Definition of Terms
1.1. Public offer (hereinafter referred to as the "Offer") is a public offer by the Seller addressed to an indefinite number of persons to conclude a contract of sale and purchase of goods remotely with the Seller (hereinafter referred to as the "Contract") on the terms and conditions contained in this Offer.
1.2. Goods or Services are the object of the agreement between the parties, selected by the buyer on the website of the Online Store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.2. Online Store is the Seller's website at www. u-tek.com.ua created for the conclusion of retail and wholesale purchase and sale contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.3. 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 website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.4. Seller - Individual entrepreneur "Vitalina Aleksandrovna Kiryakulova" (identification code 3396411160), a legal entity created and operating in accordance with the current legislation of Ukraine, located at: Ukraine, Shostka, Ozernaya Street, 39B
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the ownership of the Goods to 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 completion by the Buyer of the order form posted on the website of the Online Store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement can be drawn up in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by e-mail or by phone, 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 specified by the Buyer when placing the order is incomplete or raises suspicions about its validity.
3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer's last name, first name;
3.3.2. the address to which the Goods should be delivered (if delivery is to the Buyer's address);
3.3.3. contact telephone number.
3.3.4. contact e-mail
3.3.5. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the Online Store.
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 shall not be liable for providing a 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 accepts the terms of this Offer by entering the relevant data into the registration form on the website of the Online Store or by 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, i.e. 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 familiar with and agrees with the terms of this offer (proposal);
b) he gives permission to collect, process and transfer personal data, 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 agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of collecting data, and that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of making mutual settlements, as well as for receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer in order to fulfill 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 the Protection of Personal Data" is known and understood by him.
4. Price and Delivery of Goods
4.1 Prices for goods and services are determined by the seller independently and are indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnia, including VAT.
4.2 Prices for goods and services may be changed by the seller unilaterally depending on the market situation. At the same time, the price of a separate 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 website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the website of the Online Store 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 makes a corresponding request to the Seller by sending an email or when placing an order through the online store operator.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.
4.7. Settlements between the Seller and the Buyer for the Goods are made in the ways specified on the website of the Online Store 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 with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative, upon acceptance of the Goods, confirms with his signature on the sales receipt / or in the order / or in the consignment note for the delivery of goods, having no claims to the quantity of the goods, the appearance and completeness of the goods.
4.10. The ownership right and the risk of accidental loss or damage to the Goods shall pass to the Buyer or their Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods upon independent delivery of the Goods from the Seller or upon transfer of the goods by the Seller to the delivery service (carrier) selected by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller shall be 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 stipulated by law and when 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 the prices for Goods and services unilaterally, by posting them on the website of the Online Store. All changes shall come into force from the moment of publication.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Agreement, familiarize themselves with the contents of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2 In fulfillment of the Seller's obligations to the Buyer, the latter must provide all necessary data that clearly identifies him as the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller a non-food product of proper quality if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The Buyer has the right to return a product of proper quality within 14 (fourteen) days, excluding the day of purchase. A product of proper quality may be returned if it has not been used and if its presentation, consumer properties, packaging, seal, labels, as well as the payment document issued to the Buyer for payment for the Product have been preserved. The list of products that cannot be returned on the grounds provided for in this paragraph shall be approved by the Cabinet of Ministers of Ukraine.
6.2. The cost of a product of proper quality shall be refunded to the Buyer within 30 (thirty) calendar days from the date of receipt of such Product by the Seller, subject to the requirements provided for in paragraph 6.1. Agreement, current legislation of Ukraine.
6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.
6.4. Return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
6.5. In the event that defects in the Goods are detected during the established warranty period, the Buyer has the right to personally, in the manner and within the timeframes established by the legislation of Ukraine, present the Seller with the claims provided for by the Law of Ukraine "On Protection of Consumer Rights". When presenting claims for free elimination of defects, the period for their elimination is calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.6. Consideration of the claims provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller upon provision by the Buyer of the documents provided for by the current legislation of Ukraine. The Seller shall not be liable for any defects in the Product that arise after its transfer to the Buyer due to the Buyer's violation of the rules for the use or storage of the Product, actions of third parties, or force majeure.
6.7. The Buyer shall not have the right to refuse a product of proper quality that has individually defined properties if the said product can only be used by the Buyer who purchased it (including, at the Buyer's request, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the product has individually defined properties is the difference in the product dimensions and other characteristics specified in the online store.
6.8. Return of goods, in cases stipulated by law and this Agreement, is made to the address specified on the website in the "Contacts" section
7. Liability
7.1. The Seller shall not be liable for damage caused to the Buyer or third parties due to improper installation, use, storage of the Product purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer shall be 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 shall be released from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military action, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that can fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. Providing information by the Seller to counterparties 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, is not considered a violation.
8.3. The Buyer is responsible for maintaining their personal data up to date. The Seller is not liable for poor performance or failure to fulfill its obligations due to the outdatedness of information about the Buyer or its inconsistency with reality.
9. Other terms
9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. 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 through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution to the judicial authorities 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 paragraph 5.2.1. Agreement. In addition, changes to the Agreement may be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
INDIVIDUAL ENTREPRENEUR "KIRYAKULOVA VITALINA ALEXANDROVNA"
41109, Ukraine, Shostka, Ozernaya st., bldg. 39B
p/s UA463052990000026004016239756 in JSC CB "PRIVATBANK"
MFO 14360570
Code 305299
INN 3396411160
tel. (096)4487874