This Agreement is addressed to Consumers and is an official and public offer of the Seller, represented by FLP Prymachenko A.I., date and number of entry in the Unified State Register of Legal Entities and Individual Entrepreneurs: UA283220010000026008310113651 of 20.06.2017 and the Buyer, acting for the purpose of purchasing Goods, which accepts the terms and conditions of this Agreement (hereinafter - the Agreement) as follows
1. GENERAL PROVISIONS
1.1 This contract is a 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 status (natural person, legal entity, individual entrepreneur).
1.2 If the terms and conditions of this contract, i.e. the Seller's public offer, are accepted, the consumer becomes the Buyer.
1.3 By concluding the Agreement, the Buyer confirms that he has read and accepted its terms and conditions in their entirety and, if the Buyer is a natural person, authorises the Seller to process his personal data in order to be able to fulfil the terms and conditions of the Agreement, to enable mutual settlements, and to receive invoices, certificates and other documents. Permission to process personal data shall be valid for the duration of the Agreement and for an indefinite period after its expiry. Furthermore, by concluding this Agreement, the Customer confirms that he/she is notified (without further notice) about the rights stipulated by the Law of Ukraine On Personal Data Protection, about the purposes of data collection, as well as that his/her personal data will be transferred to the Seller in order to enable fulfilment of the conditions of this Agreement, possibility to perform mutual settlements, as well as to receive bills, statements and other documents. The Customer also agrees that the Vendor is entitled to provide access and transfer its personal data to third parties without any further notice to the Customer, without changing the purpose of personal data processing. The scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data" is known to him and understood.
2. TERMS AND DEFINITIONS
Website visitor - a person who has come to the website / without the purpose of placing an Order.
User is a natural person, a visitor to the Website who accepts the terms and conditions of this Agreement and wishes to place Orders on https://prymachenko.ua.
Seller - PE Kublij E.V., date and number of entry in the Unified State Register of Legal Entities and Individual Entrepreneurs: 2 068 000 0000 035094 of 07.07.2017, person managing the website located on the Internet at https://prymachenko.ua.
The online shop is a website owned by the Seller, located on the Internet at https://prymachenko.ua, where the Goods offered by the Seller for purchase and the terms of payment and delivery of the Goods to the Buyers are presented.
The website is https://prymachenko.ua.
A product is a list of products published on the online shop's website, for which the price, name and description of the product are indicated.
The product may also be accompanied by an image of it.
Order - the Buyer's duly completed request for purchase and delivery to the address specified by the Buyer, selected on the Site.
Personal account - the Buyer's personal section on the Seller's website, accessed by the Buyer, where his personal information and the history of the Orders he has placed are displayed.
3. SUBJECT MATTER OF THE CONTRACT
3.1. The subject of this Agreement is to enable the User to purchase, for personal, family, household and other needs not related to business activities, the Goods presented in the catalogue of the Online Shop at https://prymachenko.ua.
3.2. This Agreement applies to all types of Goods and Services presented on the Website as long as such offers with descriptions are present in the catalogue of the Online Shop.
4. ONLINE REGISTRATION
4.1 Registration on the Website takes place at /user/register/.
4.2 Registration on the Website is not compulsory in order to place an Order.
4.3 The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
4.4 The User undertakes not to disclose to third parties the login and password indicated by the User during registration. In case the User has concerns regarding the security of their login and password or the possibility of their unauthorised use by third parties, the User undertakes to immediately notify the Seller thereof by sending a corresponding email to: PrymachenkoshopMP@gmail.com.
4.5 Communication between the User/Buyer and the Seller's representatives shall be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, profanity, abusive language, as well as threats and blackmail is strictly prohibited, irrespective of the form in which and to whom they are addressed.
5. GOODS AND HOW TO MAKE A PURCHASE
5.1 The Seller makes it possible to order the Goods shown on the Website directly or by means of a paid pre-order if the Goods are out of stock. The photographs accompanying the Goods may slightly differ from the actual appearance of the Goods, taking into account the colour reproduction of the various devices through which the Site is viewed. The descriptions/characteristics accompanying the Goods are not intended to be exhaustive and may contain typographical errors.
5.2 If the Goods ordered by the Buyer are out of stock at the Seller, the Seller has the right to exclude the said Goods from the Order/Cancel the Buyer's Order by notifying the Buyer by sending a corresponding e-mail to the address indicated by the Buyer upon registration, or by any other means.
5.3 In the event of cancellation of a fully or partially prepaid Order, the value of the cancelled Goods shall be refunded by the Seller to the Buyer in the way in which the Goods were paid for.
5.4 The Buyer shall be solely liable for the provision of incorrect information resulting in the Seller's inability to properly perform its obligations to the Buyer.
5.5 After placing the Order on the Site, the Buyer shall be informed about the expected date of delivery by sending an email to the address specified by the Buyer when registering, or by phone. The manager serving this Order specifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in the Seller's warehouse and the time needed to process and deliver the Order.
5.6 The expected date of delivery of the Order to the Delivery Service shall be notified to the Buyer by the manager handling the Order by e-mail or by a follow-up call to the Buyer.
6. PRICE AND PAYMENT PROCEDURE
6.1 The price of each individual Goods is determined by the Seller and indicated on the online shop's website.
6.2 The contract price 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.
6.3 The Buyer pays for the Goods in accordance with the Order. The Buyer chooses one of these payment methods independently:
6.4 Payment for the Services shall be made in the national currency of Ukraine.
6.5 The Order shall be deemed paid for from the moment the payment is received into the bank account of the Vendor or its representative or to the representative's cash office in cash. The fact of payment for the Order indicates the Buyer's acceptance of the terms and conditions of this contract.
6.6 The price of the Goods indicated on the website of the e-shop may be changed unilaterally by the Seller. However, the price of the Goods ordered by the Buyer shall not be subject to change.
6.7 The Goods are not reserved until the Buyer's funds are credited to the Seller's current account. The Seller cannot guarantee the availability of the Seller's Goods in the quantity indicated at the time of placing the Order, which may result in longer processing times of the Order. If it is necessary for the Seller to make a refund to the Buyer, the Buyer must inform the Seller of the bank account details to which the Seller is obliged to transfer the funds.
7. RETURN OF GOODS AND MONEY
7.1 The Goods shall be returned in accordance with the "Return Conditions" listed on the Website at https://prymachenko.ua
7.2 Return of Goods of adequate quality:
7.2.1. Buyer has the right to withdraw from the ordered Goods at any time before receiving them, and after receiving the Goods - within 14 days, excluding the day of purchase, except for the Goods specified in Clause 7.2.4. herein. Return of the Goods of adequate quality is possible if the Goods retain their marketable appearance, consumer properties, and if a document confirming the fact and conditions of purchase of the said Goods is available.
7.2.2 If the Buyer rejects the Goods under Clause 7.2.1, the Seller shall return the value of the returned Goods, excluding the Seller's expenses related to the delivery of the Goods returned by the Buyer, within 10 days from the date the returned Goods arrive at the Seller's warehouse.
7.2.3 If at the time of the Buyer's request, similar goods are not available from the Seller, the Buyer has the right to withdraw from this Agreement and request the refund of the money paid for the said Goods. The Seller is obliged to refund the money paid for the returned Goods within 3 days from the day of returning the Goods.
7.3 Return of Goods of improper quality:
7.3.1 Unsuitable goods are goods which are clearly defective in manufacturing. The Goods received must conform to the description on the Website. A difference in design or design elements from the description on the Website does not constitute an indication of defective quality.
7.3.2 The appearance of the Goods and the completeness of the entire Order must be checked by the Recipient at the time of delivery of the Goods.
7.3.3 Upon delivery of the Goods, the Buyer shall sign the delivery receipt. After receiving the Order, no claims for external defects of the Goods, their quantity, completeness and merchantability shall be accepted.
7.3.4 Claims for refund of money paid for the goods shall be met within 14 days of the submission of the respective claim (Law of Ukraine No. 1023-XII of 12.05.1991 "On Protection of Consumer Rights").
7.4 Refunds are made by returning the value of the Goods paid for to a bank card or in cash.
The Seller is not responsible for the Buyer's choice of Goods, it only guarantees the conformity of the items ordered.
9. CONFIDENTIALITY AND DATA PROTECTION
9.1 When registering on the Website, the User shall provide the following information: Name, telephone number, email address, password to access the Site.
9.2 By providing their personal data to the Seller, the Website Visitor/User/Buyer consents to their processing by the Seller, including for the purpose of promoting the Seller's products and services, as well as the transfer of personal data to third parties engaged by the Buyer to fulfil obligations to the Website Visitor/User/Buyer under this Public Offer.
9.4 The Seller uses the personal data of the User/Buyer:
to register the User on the Website;
to fulfil its obligations to the User/Buyer;
to evaluate and assess the performance of the website;
to determine the winner in promotions run by the Seller.
9.4.1 The Seller is entitled to send information, including advertising messages, to the User/Buyer's e-mail and mobile phone with its consent. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages informing the User/Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User/Buyer.
9.5 The Seller is entitled to use cookie technology. "Cookies do not contain confidential information and will not be passed on to third parties.
9.6 The Seller receives the ip-address information of the Website Visitor. This information is not used to identify the Visitor.
9.7 The Seller is not responsible for the information provided by the User/Buyer on the Website in a publicly accessible form.
10. ADDITIONAL CONDITIONS
10.1 The online shop and the services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other reasons of a technical nature. The Seller's technical service shall be entitled to carry out necessary maintenance or other work from time to time with or without prior notice to the Buyers.
10.2 The relationship between the User/Buyer and the Seller is governed by the provisions of Ukrainian law.
10.3 The parties shall use their best endeavours to resolve any disagreements that may arise solely through negotiation. If the parties fail to reach an agreement, the dispute shall be referred to a judicial authority in accordance with the applicable laws of Ukraine.
10.4 In the event of force majeure, documented by the relevant authorities, the parties shall be released from the performance of this contract.
10.5 A court ruling that any provision of this Agreement is invalid shall not entail the invalidity of the remaining provisions.