CONTRACT-OFFER
This Agreement is a public contract-Agreement of public offer, ie 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 FOP Marusyk EV (online store https://wownfc.com/) (hereinafter referred to as "Seller") and any legal entity, individual entrepreneur or individual, user of online store services, hereinafter referred to as "Buyer", which includes all the essential conditions for the organization of purchase and sale remotely (ie through the online store).
The terms of this Agreement regulate the relationship between Seller and Buyer and are determined by the Law of Ukraine "On Consumer Protection" № 1023-XII of 12 May 1991, Rules of retail trade in non-food products, approved by the Ministry of Economy of Ukraine № 104 of 19 April 2007.
This agreement is in the nature of a public offer, is equivalent to an "oral agreement" and has proper 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 the organization of purchase and sale remotely, ie through the online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine full and unquestionable acceptance of the terms of the public contract, ie the public offer of the online store is the fact of placing an order in accordance with paragraph 4 of this Agreement and payment of the order at 100% under this agreement.
1.3. The public offer is also accepted when registering the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully acquainted and agrees with its terms, and, if the Buyer is an individual, gives permission to process their personal data in order to fulfill the terms of this Agreement, the possibility of mutual settlements and to obtain invoices, deeds and other documents. 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) about the rights established by the Law of Ukraine "On Personal Data Protection", 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.
2. Terms and definitions
2.1. "Online Store" - the Seller's website (https://wownfc.com/) created for the conclusion of retail and wholesale sales contracts based on 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 Buyer with the Goods - a remote means of selling the goods.
2.2. "Goods" - a list of names of the range presented in the online store.
2.3. "Personal data" - any information that directly or indirectly relates to a specific person or to an identified person.
3. Subject of the contract
3.1. The Online Store 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.
3.2. This agreement regulates the purchase and sale in the online store, including:
a) voluntary choice by the Buyer of goods in the online store;
b) self-execution by the Buyer of the order on the website in the online store;
c) placing an order by the Buyer or by telephone;
d) payment by the Buyer of the order placed in the online store;
e) execution and transfer of the order to the Buyer under the terms of this Agreement.
4. The order of registration of the order
4.1. The buyer places his order online in the online store or by telephone via the contacts specified in the online store.
5. Cost and procedure for payment for goods
5.1. The full 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 the prices in the online store. The Seller may not change the price for a particular Buyer, if he has already accepted the terms of the Seller and made in the manner prescribed by this agreement payment for the Goods (services).
5.3. The buyer pays for the order (in the amount of 100% subscription) using the LIQPAY system
6. Delivery of the order
6.1. Shipment of goods to the Buyer occurs after receipt of 100% payment from the Buyer.
6.2. The Buyer receives the Goods through the delivery of the transport company.
6.3. Delivery and return of goods is performed by the Seller or the transport company (carrier) at the expense of the Buyer.
6.4. The cost of delivery in the online store is not specified, as it depends on the current tariffs of the transport company (carrier).
6.5. When ordering wholesale batches, terms and methods of delivery are agreed separately in each case.
6.6. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).
6.7. 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 and is announced by the company's courier when delivering the goods to the Buyer. Employees of the online store, at the request of the Buyer may call the Buyer the estimated cost of delivery solely for informational purposes.
7. The order of exchange and return of goods of proper quality
7.1. The buyer has the right to exchange the goods of good quality for the same from the seller.
7.2. Transport costs for delivery of the Goods in exchange under paragraph 7.1. rely on the Seller.
7.3. If at the time of exchange of similar goods are not for sale, the Buyer has the right to either purchase any other goods from the available range with the appropriate transfer of value, or terminate the contract and get back money in the amount of returned goods, or exchange goods for similar at the first 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 website or by telephone in the online store;
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 damage and incomplete equipment, record them in the act, which together with the Buyer must be signed by an 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, can not 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. The Online Store has the right to unilaterally suspend the provision of services under this Agreement in the event that the Buyer violates the terms of this Agreement.
9. Procedure for acceptance of goods by the Buyer
9.1. 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 (no mechanical damage) and completeness.
9.2. In case of at least one of the listed defects, the Buyer is obliged to fix it in the drawn up act of any form. The deed must be signed by the Buyer and the employee of the carrier or Seller. If possible, defects should be recorded by means of photography or video. Within 1 (one) day, the Buyer must notify the manager (representative of the Seller responsible for placing an order for the Goods) of the identified defects and agree to replace the Goods Goods.
9.3. The Parties agree that in case of non-compliance with the mandatory requirements of this procedure, the Buyer is deemed to have received the Goods in good condition - without any mechanical damage and in full.
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 that preclude or objectively impede the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
10.3. The party alleging 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. The Online Store reserves the right to unilaterally amend this Agreement with its prior publication on the website https://wownfc.com/.
11.2. An online store is designed 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 in the order.
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 Sales Agreement (public offer of the Online Store) and is the date of the Purchase Agreement between the Seller and the Buyer.
11.6. The use of the online 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. Online store - uses information about the Buyer only 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 website https://wownfc.com/ (filling in the registration form) the Buyer voluntarily agrees to the collection and processing of personal data in the registered database of the Seller "Counterparties" for the following purpose: data made known to the Seller for commercial purposes, including for processing purchase orders, receiving order information, sending telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about activities of 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: place personal data in the Buyer's database (without additional notice of the Participant), to carry out lifelong data storage, 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 request of the competent state 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 https://wownfc.com/ and is valid until all the terms of the agreement.
на хуй