According to the Ukrainian legislation, the purchase of any product or service through an online store is treated as the purchase agreement conclusion. We want you to be aware of your rights when buying goods in our online store, so we created a special article. Please take time to read it!
SALE OF GOODS (PUBLIC OFFER AGREEMENT)
The present agreement is addressed to the Buyers and is an official and public offer of the Seller, represented by Pankova Olha Valeriivna, who acts on the basis of the extract from the State Registry dtd. 10/06/2016. The Buyer, acting for the purpose of purchasing the Goods, accepts the terms of this agreement (hereinafter - the Agreement) on the following:
- GENERAL PROVISIONS
1.1. This agreement is a contract of public offer (in accordance with Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine), its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur)
1.2. In the event that the terms of this agreement are accepted, i.e. public offer of the Seller, the consumer shall become the Buyer.
1.3. By concluding the Agreement, the Buyer confirms that he is fully acquainted and agrees with the terms of the Agreement, and, in the event the Buyer is an individual, authorizes the Seller to process his personal data in order to fulfill the terms of this Agreement, the possibility of making settlements, as well as for the receipt of invoices, certificates of completion and other documents. The permission to process personal data remains effective within the term of this Agreement, as well as upon its expiration. In addition, by concluding this Agreement, the Customer confirms that he has been notified (without further notice) of the rights established by the Law of Ukraine "On Personal Data Protection" about the purposes of data collection, and that the Customer’s personal data are disclosed to the Seller for fulfillment the terms of this Agreement by the latter, the possibility of mutual settlements, as well as for the receipt of invoices, certificates of completion and other documents. The Customer also agrees that the Seller has the right to provide access and disclose the Customer’s personal data to third parties without no further notice of the Customer, whereas not altering the purpose of personal data processing. The Customer is fully aware of and understand the scope of the their rights as a subject of personal data processing in accordance with the Law of Ukraine "On Personal Data Protection ".
- TERMS AND DEFINITIONS
“Website visitor” shall mean a person visiting the website https://www.delamark.ua without the purpose of placing an Order
“User” shall mean an individual, a visitor of the Website, accepting the terms of this Agreement and wishing to place the Orders on the website https://www.delamark.ua
“Buyer” shall mean a User, who placed the Order on the website https://www.delamark.ua
“Seller” shall mean Pankova Olha Valeriivna, an individual entrepreneur, who acts on the basis of the extract from the State Registry dtd. 10/06/2016, established in accordance with the Legislation of Ukraine, managing the website at the web address at https://www.delamark.ua
“Internet store” shall mean an Internet website owned by the Seller located on the Internet at the web address https://www.delamark.ua, where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of the Goods to the Buyers
“Website” shall mean https://www.delamark.ua
”Goods” shall mean the list of the Goods with price, name and description published on the Website of the Internet store. Also the Goods may be accompanied by their image.
“Order” shall mean a duly executed request of the Buyer to purchase and delivered to the specified address selected on the Website
- SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is the provision the User with an opportunity to purchase Goods from the Internet store catalog at https://www.delamark.ua for personal, family, home and other non-commercial purposes.
3.2. This Agreement shall cover all types of Goods and services presented on the Website, until listed in the Internet store catalog.
- THE GOODS AND THEIR PURCHASE
4.1. The Seller shall ensure the availability of the Goods presented on the Website in its warehouse. The images related to the Goods may differ slightly from the actual appearance of the Goods, taking into account the peculiarities of the color transfer of various devices with use of which the Website is browsed. Descriptions/ characteristics related to the Goods are not meant to be comprehensively informative and may contain typos. The information on the Website is updated every 5 minutes.
4.2. In the event the Goods the Buyer placed an order to are out-of-stock, the Seller shall be entitled to exclude the specified Goods from the Order/ cancel the Buyer's Order by notifying the latter thereof by sending the relevant e-mail to the address specified by the Buyer, when placing the order, or otherwise
4.3. In the event of cancellation of a fully or partially prepaid Order, the cost of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid for
4.4. The Buyer shall bear full responsibility for the provision of incorrect information preventing the Seller from proper performance of its obligations to the Buyer.
4.5. After placing an Order on the Website, the Buyer shall be provided with information on the estimated delivery date by sending an e-mail to the address specified by the Buyer upon registration or by phone. The manager who serves this Order, specifies the details of the Order, agrees the delivery date, which depends on the availability of ordered Goods in the Seller's warehouse and the time required for processing and delivering the Order.
4.6. The expected date for transferring the Order to the Delivery Service shall be notified to the Buyer by the manager who serves the Order, by e-mail or by a test call to the Buyer
- PRICE AND PAYMENT
5.1. The price of each individual Goods is determined by the Seller and is indicated on the Website of the Internet store. The Order price is determined by adding the price of all the Items included in the Order and the delivery price, which is equal to the amount due for payment, which is indicated on the Website of the Internet store when placing the Order at the time of its placement.
5.2. The price of the contract is equal to the price of the Order. The amount of the order may vary depending on the price, quantity or nomenclature of the Goods, current specials and other marketing offers of the Seller. The final amount of the Order is agreed with the Buyer by phone call of the Seller's manager after the Order is placed.
5.3. The Buyer shall make a payment for the Goods according to the Order placed. The Buyer shall select one of the payment methods:
- By cash
5.4. Payment for the services is carried out in the national currency of Ukraine
5.5. The Order shall be considered paid from the moment of payment receipt to the Seller or his representative’s settlement account. The fact of payment of the Order shows the Buyer's consent with the terms of this Agreement
5.6. The price of the Goods indicated on the Website of the Internet store may be changed by the Seller unilaterally. At the same time, the price for the Goods the Buyer placed an order to shall not be subject to any alterations.
5.7. Until the Buyer's funds are credited to the Seller's account, the Goods are not reserved. The Seller can not guarantee the availability of the Goods in the quantity indicated at the time of placing the Order, as a result of which the processing time of the Order may increase. If it is necessary to make a refund of money by the Seller to the Buyer to effect a refund of money, the Buyer must inform the Seller of their bank account details to which the Seller is obliged to transfer the funds.
- GOODS AND CASH RETURN
6.1. Return of the Goods of proper quality:
- The Buyer has the right to refuse from the Goods ordered at any time before they are received, and even after receiving the Goods - within 14 days, excluding the day of purchase. The Goods of proper quality can be returned in the event the Goods still retaining marketable condition, consumer appeal, being accompanied by the documents issued at the time of purchase.
- If the Buyer refuses the Goods of the proper quality, the Seller returns to him the cost of the returned Goods, with the exception of the Seller's costs associated with the delivery of the Goods returned by the Buyer, within 10 days from the date of receipt of the returned Goods to the Seller's warehouse together with the return application filled out by the Buyer
- If, at the time of the Buyer's request, a similar product is not available for sale from the Seller, the Buyer has the right to refuse to execute this Agreement and demand the return of the money paid for the Goods specified. The Seller is obliged to return the money paid for the Goods returned within 3 days from the date of their return
6.2. Return of the Goods of improper quality:
- The Goods of inadequate quality shall mean a product that has a clear manufacturing defect. The received Goods must correspond to the description on the Website. The difference in design or design elements from the description on the Website is not a sign of inadequate quality
- The appearance of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of the Goods delivery
- When delivering Goods, the Buyer signs the delivery receipt. After receipt of the Order, claims for external defects of the Goods, their quantity, completeness and presentation are not accepted
- Claims for the return of the money paid for the Goods are subject to satisfaction within 14 days from the day of the presentation of the relevant requirement (the Law of Ukraine No. 1023-XII "On Protection of User Rights" dtd. 12/05/1991)
- Refunds are made by returning the value of the paid Goods to a bank card or in cash
- 7. RESPONSIBILITY
7.1. The Seller shall not be responsible for the choice the Buyer made by placing the Order. The Seller’s responsibility shall be to guarantee the compliance of the ordered items.
- 8. OTHER TERMS
8.1. The Internet store and the services provided may temporarily be partially or completely unavailable due to preventive or other work or for any other technical reasons. The Technical Service of the Seller has the right to periodically conduct the necessary preventive or other work with the prior notification of Buyers or without it
8.2. The relations between the User / Buyer and the Seller are governed by the provisions of the Ukrainian legislation
8.3. The Parties shall make the utmost efforts to eliminate the arising disagreements exclusively through negotiations. If the agreement is not reached, the dispute will be referred to the judicial authority in accordance with the present legislation of Ukraine
8.4. In the event of force majeure circumstances documented by the relevant authorities, the Parties are exempted from the performance of this Agreement, which must be notified at least one day in advance
8.5. Recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.