An individual entrepreneur Roman Zvarych (hereinafter referred to as the "Contractor") is registered and operates in accordance with the legislation of Ukraine, guided by Art. 633, 641 of the Civil Code of Ukraine, invites an unlimited number of individuals to conclude this Agreement on the provision of services (hereinafter - the "Agreement") on the following conditions:
1. General Provisions
1.1. This agreement is a public offer (in accordance with Art. 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, that is, through the online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine by full and unquestioning acceptance of the terms of the public contract, that is, the public offer of the online store, the fact by clicking on the link "Place an order", "Place an order" or "Buy in 1 click and pay for the order in the amount of 100% on the terms of this agreement.
1.3. The public offer is also accepted upon registration of the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully and fully familiar with and agree with its terms, as well as, if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about 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 the Protection of Personal Data" is known and understood by him.
2. Terms and definitions
2.1. "Internet shop" - the Seller's website ("svitram.com.ua"), created to conclude contracts for retail and wholesale purchase and sale on the basis of the Buyer's acquaintance with the description of the Goods offered by the Seller in photographs, via the Internet, which excludes the possibility of direct acquaintance of the Buyer with By goods - a remote way of selling goods.
2.2. "Product" - 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, is determined.
2.4. "A significant disadvantage of the Goods" - a disadvantage that makes it impossible or inadmissible to use the goods in accordance with its intended purpose, arose through the fault of the manufacturer (seller), after its elimination it manifests itself again for reasons independent of the consumer and at the same time is endowed with at least one of the following signs :
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it makes the goods substantially different from those provided by the contract.
3. Subject of the contract
3.1. The online store undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay and accept the goods on the terms of this Agreement.
3.2. This contract governs the sale and purchase of the online store, including:
a) voluntary selection by the Buyer of goods in the online store by category;
b) the Buyer independently places an order on the website in the online store;
c) payment by the Buyer for the order placed in the online store;
d) execution and transfer of the order to the Buyer in ownership under the terms of this Agreement.
4. Ordering procedure
4.1. The buyer independently places an order online in the online store or by telephone using the contacts specified in the online store.
5. Cost and order of payment for goods
5.1. The total cost of the goods is indicated on the pages of the Seller's online store.
5.2. Prices for goods and services may vary depending on market conditions, which is reflected in prices in the online store. The Seller cannot change the price for a specific Buyer, if he has already accepted the terms and conditions of the Seller and made payment for goods (services) in accordance with the procedure established by this agreement.
5.3. The Buyer pays for the order within 2 working days (in the amount of 100% prepayment) by bank transfer of money to the Seller's current account specified in the invoice, incl. using Internet banking.
6. Delivery of the order
6.1. Shipment of goods to the Buyer occurs after receipt from the Buyer of 100% payment on the invoice.
6.2. Delivery and return of goods is performed by the Seller or the transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 10 days.
6.3. The cost of delivery to the Internet store is not specified, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering wholesale batches, terms and methods of delivery are agreed separately in each case.
6.5. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).
6.6. Payment for delivery is made by the Buyer to the Carrier Company independently upon receipt of the goods. The exact cost of delivery is determined by the Carrier Company.
7. Return of goods of proper quality
7.1. The buyer has the right to exchange the goods of proper quality for similar from the seller from whom he was purchased, if the product did not satisfy him in shape, size, style, color, size or for other reasons can not be used for its intended purpose under the following conditions:
A) the goods for exchange are provided to the Seller within not more than fourteen days, not counting the day of purchase;
B) the product may be replaced if it has never been in use, does not contain traces of use and if its product appearance, consumer properties, seals, labels, films are preserved, the integrity of packaging of the product itself and its components is not violated;
C) the product does not contain scratches, chips, abrasions, fully functional;
D) the completeness of the sold goods is preserved;
Ґ) the goods may be replaced upon presentation by the Buyer of a settlement document issued to the Buyer together with the sold Goods.
7.1.1. Requirements p.7.1. do not apply to goods that in accordance with Annex №3 to the Resolution of the Cabinet of Ministers of Ukraine from 19.03.94 №172 "On the implementation of certain provisions of the Law of Ukraine" On Consumer Protection ", referred to the List of goods of proper quality, not subject to exchange ( return)
7.2. If the Goods do not meet the conditions specified in paragraphs. A) - Ґ) p. 7.1., The Seller has the right to refuse to exchange the Goods.
7.3. Transport costs for delivery of the Goods at the exchange according to item 7.1. rely on the Buyer.
7.4. When exchanging goods, its warranty period is recalculated from the date of exchange.
7.5. If at the time of exchange of a similar product is not for sale, the Buyer has the right to either purchase any other products from the available range with the appropriate transfer of value, or terminate the contract and get back the money in the amount of the returned product, receipt of the relevant goods for sale.
8. Rights and obligations of the parties
8.1. The buyer must:
a) get acquainted with the information about the Goods, which is posted on the Seller's website;
b) place an order on the site yourself;
c) timely pay and receive an order from the Carrier under the terms of this agreement;
d) upon receipt of the goods from the carrier to make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damages and incomplete equipment - to fix them in the act which together with the Buyer should be signed by the employee of the carrier.
8.2. The buyer has the right to require the online store to comply with the terms of this agreement.
8.3. Online store must:
a) comply with the terms of this agreement;
b) transfer the goods to the Buyer in accordance with the selected sample, placed in the online store, the order and the terms of this agreement;
c) the online store is not liable, cannot act as a defendant in court and does not reimburse damages incurred by the Buyer due to the action or inaction of third parties.
8.4. Online store has the right to:
a) unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
9. The order of acceptance of the goods by the Buyer
9.1. Upon receipt of the Goods in 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 (no mechanical damage) and completeness.
9.2. In the case of at least one of those listed in paragraph 9.1. The Buyer is obliged to fix the defect agreement in the drawn up act of any form. The Act must be signed by the Buyer and the employee of the carrier or the Seller.
9.3. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer receives the Goods in good condition - without any mechanical damage and in full.
9.4. In case of detection during the established warranty period (expiration date) of significant defects caused by the fault of the manufacturer of the goods (Seller), or falsification of the Goods, confirmed by the conclusion of the examination, the Buyer, in the manner and within the warranty period of the terms of the Offer Agreement has the right to demand from the Seller:
9.4.1. termination of the contract and refund of the amount paid for the Goods;
9.4.2. replacement of the goods with the same Goods or similar, from those available from the Seller.
9.5. In this case, upon confirmation by the Seller of significant defects of the Goods and upon the will of the Buyer, the money paid shall be returned to the latter on the details specified by him within 7 (seven) calendar days of return of the Goods.
9.6. In cases of replacement of low-quality Goods, payment for the carrier's services is made at the Seller's expense.
9.7. In any case, the return of the Goods must take place in the original packaging in which the Goods were received, while preserving the appearance and consumer qualities of the goods.
9.8. All issues not regulated in this Agreement-offer, related to the procedure, conditions of warranty repair or replacement of the Goods in case of defects during the warranty period (suitability), are governed by the warranty obligations specified by the manufacturer of the Goods, and in case of failure such warranty obligations - in accordance with current legislation of Ukraine.
10. Responsibility of the parties
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
10.2. In case of force majeure, the parties are released from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable unpredictable nature, which exclude or objectively impede the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.3. The party referring to force majeure must notify the other party in writing by e-mail within five calendar days of such circumstances.
10.4. If, due to force majeure, the non-performance of 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.
10.5. The Parties shall make every effort to resolve any differences solely through negotiations.
11. Other conditions
11.1. Online store reserves the right to unilaterally amend this Agreement with its prior publication on the site "svitram.com.ua"
11.2. Internet - a store created to organize a remote way of selling goods over the Internet.
11.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.
11.4. The buyer is responsible for the accuracy of the information specified when ordering.
11.5. Payment by the Buyer for the order placed in the Online Store means the Buyer 's full consent to the terms of the Purchase and Sale Agreement (public offer of the Online Store) and is the date of concluding the Purchase and Sale Agreement between the Seller and the Buyer.
11.6. The use of the Internet - store resource to view the goods, as well as to place an order is free of charge for the Buyer.
11.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of the online store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.).
11.8. By self-acceptance of the Agreement or registration on the site "sezon.ua" (filling out the registration form) the Buyer voluntarily agrees to the collection and processing of personal data in the registered database of the Seller "Contractors" for the following purpose: data known to the Seller will be used for commercial purposes. including for processing orders for the purchase of goods, receiving order information, sending telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the store. For the purposes provided for in this paragraph, the Seller has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.
11.9. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer's database (without additional notification of the Participant), to carry out lifelong data storage, their accumulation, update, change (as needed). The Buyer undertakes to protect data from unauthorized access by third parties, not to disseminate 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 these objectives, as well as at the mandatory request of the competent public authority).
11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12. Validity of this agreement
12.1. This agreement comes into force from the date of ordering or registration in the online store "sezon.ua" and is valid until all the terms of the agreement.
13. Details of the performer
Artist: Individual entrepreneur
Zvarich Roman Mikhailovich
Contact phone: +38 (066) 221-36-13