PUBLIC AGREEMENT (OFFER)
to order, purchase, sale and delivery of goods
This
agreement is an official and public offer by the Seller to enter into
an agreement for the purchase and sale of the Goods presented on the
website https://smartshop-smartshop.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 preference for one buyer over another. By
concluding this Agreement, the buyer fully accepts the terms and
procedure for placing an order, paying for goods, delivering goods,
returning goods, liability for dishonest orders and other terms of the
agreement. The
contract is considered concluded from the moment the “Confirm Order”
button is clicked on the ordering page in the “Basket” Section and the
Buyer receives an order confirmation in electronic form from the Seller.
1. Definition of terms
1.1. Public
offer (hereinafter referred to as the “Offer”) is a public offer of the
Seller, addressed to an indefinite number of persons, to conclude a
contract for the sale and purchase of goods remotely with the Seller
(hereinafter referred to as the “Agreement”) on the terms contained in
this Offer.
1.2. Goods
or Service - an object of agreement between the parties, selected by
the buyer on the online store website and placed in the cart, or already
purchased by the Buyer from the Seller remotely.
1.2. Online
store - the Seller’s website at https://smartshop-smartshop.ua created
for concluding retail and wholesale purchase and sale agreements based
on the Buyer familiarizing himself with the description of the Product
proposed 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 for the purchase
of goods presented on the website of the online store for purposes not
related to business activities, or a legal entity or individual
entrepreneur.
1.5. Seller
– INDIVIDUAL ENTREPRENEUR Irina Ismailovna Ismailova, taxpayer
registration number 2337400904, valid on the basis of an Extract from
the Unified State Register of Legal Entities and Individual
Entrepreneurs (hereinafter referred to as the Unified State Register of
Legal Entities and Entrepreneurs) 0 0000 178972 dated 12/10/2015,
location where: Ukraine, 61118 , Kharkov region, Kharkov, Traktorostroiteley Ave., building. 102, bldg. B, apt. 123
2. Subject of the Agreement
2.1. The
Seller undertakes to transfer 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 considered the date the Buyer fills out the
order form posted on the website of the online store, subject to the
Buyer receiving an order confirmation from the Seller in electronic
form. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.
3. Placing an Order
3.1. The
buyer independently places an order in the online store through the
“Basket” form, or by placing an order by email or by phone specified in
the contact section of the online store.
3.2. The
Seller has the right to refuse to transfer the order to the Buyer if
the information provided by the Buyer when placing the order is
incomplete or raises suspicions about its validity.
3.3. When
placing an order on the online store website, the Buyer undertakes to
provide the following mandatory information necessary for the Seller to
complete the order:
3.3.1. last name, first name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery is to the Buyer’s address);
3.3.3. contact number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The
name, quantity, article, price of the Product 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 contract needs additional information, he has the right to request it from the other Party. If
the Buyer fails to provide the necessary information, the Seller is not
responsible for providing 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.
3.7. Acceptance
by the Buyer of the terms of this Offer is carried out by the Buyer
entering the relevant data into the registration form on the website of
the online store or when placing an Order through an operator. After placing an Order through the Operator, data about the Buyer is entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.9. By
concluding the Agreement, that is, accepting the terms of this offer
(the proposed conditions for purchasing the Goods), by placing an Order,
the Buyer confirms
4. Price and Delivery of the Product
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 hryvnias, including VAT.
4.2 Prices for goods and services may be changed by the seller unilaterally depending on market conditions. In
this case, the price of an individual unit of the Goods, the cost of
which has been paid in full by the Buyer, 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 Product indicated on the website of the online store does
not include the cost of delivery of the Product to the Buyer’s address.
4.5. The
Seller may indicate the estimated 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 into his account.
4.7. Payments
between the Seller and the Buyer for the Goods are made using the
methods indicated 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 compliance
of the Goods with qualitative and quantitative characteristics (name of
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
delivery note for the delivery of goods, which has no claims to the
quantity of goods, appearance and completeness of the goods.
4.10. Ownership
and the risk of accidental loss or damage to the Goods passes to the
Buyer or his Representative from the moment the Goods are received by
the Buyer in the city where the Goods are delivered upon independent
delivery of the Goods from the Seller or when the Seller transfers the
goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The seller is obliged:
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
to disclose any private information about the Buyer and not to provide
access to this information to third parties, except as required by law
and when fulfilling the Buyer’s Order.
5.2. The seller has the right:
5.2.1
Change the terms of this Agreement, as well as prices for Goods and
services unilaterally, by posting them on the website of the online
store. All changes take effect from the moment of publication.
5.3 The Buyer undertakes:
5.3.1 By
the time the Agreement is concluded, familiarize yourself with the
contents of the Agreement, the terms of the Agreement and the prices
offered by the Seller on the online store website.
5.3.2 In
fulfillment by the Seller of its obligations to the Buyer, the latter
must provide all the necessary data that uniquely identifies him as the
Buyer and is sufficient for the delivery of 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 shape, dimensions,
style, color, size or for other reasons cannot be used for its intended
purpose. The buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The
return of goods of proper quality is made 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
Goods are preserved. The
list of goods that cannot be returned on the grounds provided for in
this paragraph is approved by the Cabinet of Ministers of Ukraine. 6.3. The cost of the goods must be returned by bank transfer to the Buyer's account.
6.4. The
return of Goods of proper quality to the Seller's address is carried
out at the Buyer's expense and the Seller does not reimburse the Buyer.
6.5. If
defects in the Product are identified during the established warranty
period, the Buyer personally, in the manner and within the time limits
established by the legislation of Ukraine, has the right to present to
the Seller the requirements provided for by the Law of Ukraine “On the
Protection of Consumer Rights”. When
making demands for gratuitous 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 requirements provided for by the Law of Ukraine “On the
Protection of Consumer Rights” is carried out by the Seller upon
provision by the Buyer of documents provided for by the current
legislation of Ukraine. The
Seller is not responsible for defects in the Goods that arise after its
transfer to the Buyer due to the Buyer’s violation of the rules for
using or storing the Goods, actions of third parties or force majeure.
6.7. The
Buyer does not have the right to refuse a product of proper quality
that has individually defined properties, if the specified product can
be used exclusively by the Buyer who purchased it (including, at the
Buyer’s request, non-standard sizes, characteristics, appearance,
equipment), etc. ). Confirmation
that the product has individually defined properties is the difference
in product sizes and other characteristics indicated in the online
store.
6.8. Return
of goods, in cases provided for by law and this Agreement, is made to
the address indicated on the website in the “Contacts” section
7. Responsibility
7.1. The
Seller is not responsible for damage caused to the Buyer or third
parties due to improper installation, use, or storage of the Product
purchased from the Seller.
7.2. The
Seller is not responsible for improper or untimely execution of Orders
and its obligations in the event that the Buyer provides inaccurate or
false information.
7.3. The
Seller and the Buyer are responsible for fulfilling their obligations
in accordance with the current legislation of Ukraine and the provisions
of this Agreement.
7.4. The
Seller or Buyer are released from liability for complete or partial
failure to fulfill their obligations if the failure is a consequence of
force majeure circumstances such as: war or hostilities, earthquake,
flood, fire and other natural disasters that arose regardless of the
will of the Seller and/or Buyer after the conclusion this agreement. The Party that is able to fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data.
8.1. By
providing his personal data on the website of the online store when
registering or placing an Order, the Buyer provides the Seller with his
voluntary consent to the processing, use (including transfer) of his
personal data, as well as performing other actions provided for by the
Law of Ukraine “On the Protection of Personal Data” ", without limiting the validity period of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. It
is not considered a violation of the Seller’s provision of information
to counterparties and third parties acting on the basis of an agreement
with the Seller, including to fulfill 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.
8.3. The buyer is responsible for keeping his personal data up to date. The
Seller is not responsible for poor performance or failure to fulfill
its obligations due to the irrelevant information about the Buyer or its
inconsistency with reality.
9. Other conditions
9.1. This agreement was 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 are resolved through negotiations. In
case of failure to resolve the dispute through negotiations, the Buyer
and/or Seller have the right to apply for resolution of the dispute 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, provided for in clause 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 ISMAILOVA IRINA ISMAILIVNA
Ukraine, 61118, Kharkov region, Kharkov, Traktorostroiteley Ave., building. 102, bldg. B, apt. 123
p/s UA973515330000026006052127619 in JSC CB "Privatbank"
Code 2337400904
INN 2337400904
tel. (097) 3143603