PUBLIC CONTRACT (OFFER)
for the order, sale and delivery of goods
This contract is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website https://wood-profi.com.ua. This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving an advantage to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for bad order and all other terms of the contract. The Agreement shall be deemed concluded from the moment of clicking the "Confirm Order" button on the order placement page in the "Shopping Cart" section and receipt by the Buyer from the Seller of the order confirmation in electronic form.
1. Definition of Terms
1.1. Public offer (hereinafter - "Offer") - a public offer of the Seller, addressed to an indefinite number of persons, to conclude with the Seller a contract for the sale of goods by remote method (hereinafter - "Contract") on the terms and conditions contained in this Offer.
1.2. Goods or Service - the object of the parties' transaction, which was selected by the Buyer on the site of the Online Store and placed in the cart, or has already been purchased by the Buyer from the Seller by remote method.
1.3. Online store - the Seller's website at www.wood-profi.com.ua created for the conclusion of retail and wholesale sales contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. The Buyer is a legally capable natural person 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 a natural person-entrepreneur.
1.5. The Seller - PHYSICAL PERSON-ENTrepreneur OVCHAR ELENA VLADIMIROVNA (identification code 3544012329), a legal entity, established and operating in accordance with the current legislation of Ukraine, the location of which is: Ukraine, 13253, Zhytomyr region, Berdichevsky district, Ivanopol urban-type settlement, 21 Sadovaya str.
2. Subject of the Contract
2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms and conditions of this Agreement.
2.2. The date of conclusion of the Contract-Offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms and conditions of the Agreement shall be the date of filling out the Buyer's order form located on the website of the online store, provided that the Buyer receives from the Seller an order confirmation in electronic form. If necessary, at the Buyer's request, the Contract may be executed in writing.
3. Order placement
3.1. The Buyer shall place an order independently in the online store through the "Shopping Cart" form, or by placing an order by e-mail or phone number 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 suspicious of 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. surname, first name of the Buyer;
3.3.2. the address where the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact telephone number.
3.4. The name, quantity, article number, price of the Goods selected by the Buyer are indicated in the Buyer's cart on the website of the Online Store.
3.5. If any of the Parties to the contract needs additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, 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 (paragraph 3.1. of this Offer), the Buyer undertakes to provide the information specified in paragraphs 3.3 - 3.4. of this Offer.
3.7. Acceptance by the Buyer of the terms of this Offer is carried out by means of entering the Buyer's relevant data in the registration form on the website of the online store or when placing an Order through the operator. After placing an Order through the Operator data about the Buyer are 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, i.e. by accepting the terms and conditions of this offer (the proposed conditions for the purchase of Goods) by placing an Order, the Buyer confirms the following:
a) the Buyer is fully and completely familiarized and agrees with the terms and conditions of this offer;
b) the Buyer authorizes the collection, processing and transfer of personal data, the authorization to process personal data is valid during the entire term of the Contract, as well as for an unlimited period of time after its termination. In addition, by signing the Agreement the Buyer confirms that he is notified (without further notice) of the rights established by the Law of Ukraine "On Protection of Personal Data", of the purpose of data collection, as well as that his personal data are transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to receive 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 notification of 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 Protection of Personal Data" is known and understood.
4. Price and Delivery of Goods
4.1. The prices for the 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 UAH including VAT.
4.2. Prices for Goods and services may be unilaterally changed by the Seller depending on the market conditions. At the same time, the price of a separate unit of the Goods, the cost of which has been paid by the Buyer in full, cannot be unilaterally changed by the Seller.
4.3. The price 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 shall pay 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 the Buyer.
4.4. The cost of the Goods specified on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer addresses the Seller with a corresponding request by sending a letter to e-mail or when placing an order through the operator of the online store.
4.6. The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment of receipt of funds to the Seller's account.
4.7. Settlements between the Seller and the Buyer for the Goods shall be made by the methods specified on the website of the Online Store in the "Payment and Delivery" section.
4.8. Upon receipt of the Goods, the Buyer shall check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).
4.9. The Buyer or his representative upon acceptance of the Goods confirms by his signature in the sales receipt/ or in the order/ or in the bill of lading for delivery of goods that he has no claims to the quantity of goods, appearance and completeness of the goods.
4.10. Title and risk of accidental loss or damage to the Goods shall pass to the Buyer or its Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods in case of independent delivery of the Goods from the Seller, or at the time of 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:
5.1.1. To transfer the goods to the Buyer in accordance with the terms of this Contract 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 provided by law and when fulfilling the Buyer's Order.
5.2. The Seller has the right:
5.2.1. Change the terms and conditions of this Agreement, as well as the prices for the Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of their publication.
5.3. The Buyer undertakes:
5.3.1. To familiarize himself with the content of the Contract, the terms and conditions of the Contract and the prices offered by the Seller on the website of the Online Shop before concluding the Contract.
5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the latter shall provide all necessary data unambiguously identifying him as the Buyer and sufficient for delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer shall have the right to return to the Seller non-food goods of proper quality, if the goods are not satisfactory 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 the goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Return of goods of proper quality shall be made if it has not been used and if its trade dress, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Goods are preserved. The list of goods not subject to return on the grounds provided for in this paragraph shall be approved by the Cabinet of Ministers of Ukraine.
6.2. The Buyer shall be refunded the cost of goods of proper quality within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, provided that the requirements stipulated in cl. 6.1. Agreement, the current legislation of Ukraine.
6.3. The cost of the Goods shall 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 is not reimbursed by the Seller to the Buyer.
6.5. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, shall have the right to submit to the Seller the claims stipulated by the Law of Ukraine "On Protection of Consumer Rights". In case of making claims for gratuitous elimination of defects, the period for their elimination shall be counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.6. Consideration of claims stipulated by the Law of Ukraine "On Protection of Consumer Rights" shall be made by the Seller provided that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller shall not be liable for any defects of the Goods, arising after their transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer has no right to refuse the goods of proper quality, which have individually defined properties, if the said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard dimensions, characteristics, appearance, configuration, etc.). The confirmation of the fact that the goods have individually defined properties is the difference between the dimensions of the goods and other characteristics specified in the online store.
6.8. The return of goods, in cases provided for by law and this Agreement, shall be made to the address specified on the website in the "Contacts" section.
7. Liability
7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties due to improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper, untimely fulfillment of Orders and its obligations if the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer shall be responsible for fulfillment of their obligations in accordance with the current legislation of Ukraine and provisions of this Agreement.
7.4. The Seller or the Buyer shall be exempted 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 hostilities, earthquake, flood, fire and other natural disasters, arising independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot 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 gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as the performance of other actions provided by the Law of Ukraine "On Protection of Personal Data", without limiting the validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation for the Seller to provide information 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 disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or failure to fulfill its obligations due to the irrelevance of the information about the Buyer or its inconsistency with reality.
9. Other terms and conditions
9.1. This contract 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 settled by negotiations. In case of failure to reach a settlement of the dispute through negotiations, the Buyer and / or the Seller shall have the right to apply for dispute resolution to judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller shall have the right to amend this Contract unilaterally as provided by clause. 5.2.1. of the Contract. In addition, the Contract may also be amended by mutual consent of the Parties in accordance with the procedure stipulated by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
FLP Ovchar Elena Vladimirovna
13253, Ivanopil settlement, 21 Sadovaya str.
USREOU code: 3544012329
tel./fax: 0638811363
R/s No. UA483052990000026009026406217
MFO 305299
PRIVATBANK