for ordering, purchase, sale and delivery of goods
This agreement is an official and public offer of the Seller to conclude a contract of sale and purchase of Goods presented on the website https://dashuri.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 preference to one buyer over another. By entering into 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 unfair order and 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 the Buyer receives an electronic order confirmation from the Seller.
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 website of the Online Store and placed in the shopping cart, or has already been purchased by the Buyer from the Seller by remote method.
1.2.1. Online store - the Seller's website at https://dashuri.com.ua created for the conclusion of retail and wholesale purchase agreements on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.3 The Buyer - 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 the purposes not related to entrepreneurial activity, or a legal entity or a natural person-entrepreneur.
1.4 The Seller - FLP Uzun Mikhail Konstantinovich (identification code 3009200997), a private entrepreneur, which is established and acts in accordance with the current legislation of Ukraine according to the Extract from the Unified State Register of Legal Entities, Physical Entrepreneurs and Public Formations, record number: 2005320010001008318, from 14.07.2021 location: 68751, Odessa region, Bolgradsky district, village Karakurt, Arnautskaya street, 37.
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 Contract shall be the date of filling out by the Buyer of the order form located on the website of the online store, provided that the Buyer receives an electronic order confirmation from the Seller. 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 and first name of the Buyer;
3.3.2. address where the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact telephone number.
3.3.4 Identification code for a legal entity or an individual entrepreneur.
3.4 The name, quantity, article number and price of the Goods selected by the Buyer shall be specified in the Buyer's shopping cart on the website of the Online Store.
3.5 If any Party 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.
3.6.1 Acceptance by the Buyer of the terms of this Offer is carried out by means of entering by the Buyer of the 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, the data about the Buyer is entered into the Seller's database.
3.7 The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8 By concluding the Agreement, i.e. by accepting the terms and conditions of this offer (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 of this offer (offer);
b) he authorizes the collection, processing and transfer of personal data, the authorization to process personal data is valid for the entire term of the Contract, as well as for an unlimited period of time after its termination. In addition, by concluding 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", the purpose of data collection, as well as the fact 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 Prices for Goods and services are determined by the Seller independently and are specified 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 market conditions. At the same time, the price of a single 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 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.
4.5 The Seller may specify 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 the 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 qualitative and quantitative characteristics (name of goods, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).
4.9 When accepting the Goods, the Buyer or his representative 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 and conditions 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 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 shall come into force from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Contract, the Buyer shall 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.
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 has 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. Goods of proper quality shall be returned if they have not been used and if their trade dress, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Goods have been 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 goods shall be refunded by bank transfer to the Buyer's account.
6.4 Return of Goods of proper quality to the Seller's address shall be at the Buyer's expense and shall not be 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, has 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 due to 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 does not have the right to refuse the goods of proper quality that 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 Return of the goods, in cases stipulated by law and this Agreement, is carried out to the address specified on the website in the section "Contacts"
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 non-fulfillment of their obligations, if non-fulfillment 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 provides the Seller with 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 period 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 when 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 Buyer's information 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 unilaterally amend this Contract in accordance with 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.
SELLER'S ADDRESS AND REQUIREMENTS:
FLP: Uzun Mikhail Konstantinovich.
Address: Odessa region, Bolgradsky district, village Karakurt, Arnautskaya street, house 37
р/с UA953052990000026007024903491
in JSC CB "PRIVATBANK
MFO 305299
TIN code 3009200997