Public offer
This Agreement is a public agreement - a public offer agreement, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the buyer accepts the terms and conditions of ordering, payment for goods, delivery of goods.This Agreement is an agreement between the online store "onefix.in. ua") (hereinafter referred to as the "Seller") and any legal entity, individual entrepreneur or individual user of the services of the online store, hereinafter referred to as the "Buyer" (hereinafter referred to as the "Buyer"), which includes all the essential conditions for organizing the sale and purchase by remote means (i.e. through the online store).The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated May 12, 1991, the Rules of Retail Trade in Non-Food Products approved by the Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007. This agreement has the character of a public offer, is equivalent to an "oral agreement" and has due legal force in accordance with the current legislation of Ukraine.
1. General provisions
1.1. This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the sale and purchase by remote means, i.e. through the online store. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract, i.e. the public offer of the online store, is the fact of placing an order in accordance with clause 4 of this Agreement and payment of the order in the amount of 100% under the terms of this agreement. The public offer is also accepted when the Buyer registers on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely familiarized and agrees with its terms, and, if the Buyer is an individual, gives permission to process his personal data in order to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal data shall be valid for the entire term of the Agreement. In addition, by entering into this Agreement, the Buyer confirms that he/she has been informed (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection" and the purposes of data collection. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
2. Terms and definitions
2.1. "Online store" - the Seller's website ("onefix.in.ua"), created for the conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller in photographs, using the Internet, which excludes the possibility of direct familiarization of the Buyer with the Goods - a remote means of selling goods.
2 .2. "Goods" - a list of assortment names presented in the online store.
2.3. "Personal data" - any information that directly or indirectly relates to a specific person or to a person who is determined.
2.4. "Significant defect of the Goods" - a defect that makes it impossible or unacceptable to use the goods in accordance with their intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it appears again for reasons beyond the consumer's control and has at least one of the following features:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it makes the goods significantly different from those provided for in the contract.
3. Subject of the contract
3.1 The Online Store undertakes to transfer the ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this Agreement. This agreement governs the sale and purchase in the online store, including:
a) voluntary selection of goods by the Buyer in the online store;
b) independent ordering by the Buyer on the website in the online store;
c) ordering by the Buyer or by telephone;
d) payment by the Buyer for the order placed in the online store;
e) execution and transfer of the order to the Buyer in the ownership under the terms of this agreement.
4. Ordering procedure
4.1 The Buyer shall place an order online in the online store or by telephone using the contacts indicated in the online store.
5. Cost and payment procedure for the goods
5.1. Payment by bank card - Payment by bank card through the LiqPay payment system.
5.2. Bank transfer - After agreeing on the order, we send an invoice for payment.
5.3. Payment upon receipt - payment is possible upon receipt of the order in the delivery service (cash on delivery)
6. The procedure for the exchange and return of goods of good quality
6.1. The Buyer has the right to exchange the Goods of good quality for a similar one from the seller from whom it was purchased, if the goods contain a defect, under the following conditions:
A) the goods for exchange are provided to the Seller within no more than fourteen days, excluding the day of purchase;
B) the goods can be replaced if they have never been in use, do not contain traces of use and if their presentation, consumer properties, films, and packaging integrity are preserved;
C) the goods do not contain scratches, chips, scuffs;
D) the complete set of the goods sold is preserved;
6. 2. If the Goods do not meet the conditions specified in clauses. A) - D) of clause 6.1., the Seller has the right to refuse to exchange the Goods.
6.3. Transportation costs for the delivery of the Goods during the exchange under clause 7.1. are borne by the Buyer.
6.4. If at the time of the exchange a similar product is not on sale, the Buyer has the right to either purchase any other products from the available range with the corresponding transfer of cost, or terminate the contract and receive a refund in the amount of the value of the returned product, or exchange the product for a similar one at the first receipt of the corresponding product for sale.
7. Rights and obligations of the parties
7.1. The Buyer is obliged to:
a) familiarize himself with the information about the Goods posted on the Seller's website;
b) place an order on the website or by telephone in the online store;
c) timely pay and receive the order from the Carrier under the terms of this Agreement;
d) upon receipt of the goods from the carrier, verify its integrity and completeness by inspecting the contents of the package. In case of damage and incomplete completeness, record them in the act, which must be signed by the carrier's employee together with the Buyer.
7.2. The Buyer has the right to require the Online Store to comply with the terms of this Agreement.
7.3. The online store is obliged to:a) comply with the terms of this agreement;b) transfer the goods to the Buyer in accordance with the selected sample posted in the online store, the order placed and the terms of this agreement;c) the online store is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the action or inaction of third parties.
7.4. The Online Store has the right to:a) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
8. Procedure for acceptance of goods by the Buyer
8.1. Upon receipt of the Goods at the carrier's warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and completeness of its completeness.
8.2. In the event of at least one of the listed defects, the Buyer is obliged to record it in a free-form act. The act must be signed by the Buyer and an employee of the carrier or the Seller. If possible, the deficiencies should be recorded by means of photo or video recording.Within 1 (one) day, the Buyer is obliged to notify the manager (the Seller's representative responsible for placing the order for the Goods) of the identified deficiencies and agree on the replacement of the Goods, while filling out a complaint form for the return of the Goods.
8.3. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer shall be recognized as receiving the Goods in proper condition - without any mechanical damage and in full.
9. Responsibility of the parties
9.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
9.2. In case of force majeure, the Parties shall be exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances shall mean events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures. The party referring to the force majeure circumstances shall notify the other party of the occurrence of such circumstances in writing by e-mail within five calendar days.
9.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.
9.6. If they cannot be resolved, the parties shall have the right to seek judicial protection of their interests.
10. Other terms and conditions
10.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the website "onefix.in.ua"
10.2. The online store was created to organize a remote method of selling goods via the Internet.
10.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
10.4. The Buyer is responsible for the accuracy of the information provided when placing the order.
10.5. Payment by the Buyer for the order placed in the Online Store means the Buyer's full acceptance of the terms of the Purchase and Sale Agreement (public offer of the Online Store) and is the date of the conclusion of the Purchase and Sale Agreement between the Seller and the Buyer. The use of the Online Store resource for viewing the goods, as well as for placing an order, is free of charge for the Buyer.
10.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purposes of the operation of the Online Store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer's databases (without additional notification of the Participant about this), to carry out lifelong storage of data, their accumulation, updating, changing (as necessary). The Buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).
11. Term of this Agreement
11.1 This agreement shall enter into force from the date of ordering or registration in the online store "onefix.in.ua" and is valid until all the terms of the agreement are fulfilled.