This Agreement is a public agreement - a public offer agreement, that is, 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). With full agreement with this Agreement, the buyer accepts the terms and procedure for placing an order, paying for goods, and delivering goods.
This Agreement is an agreement between the individual entrepreneur Evgeniy Aleksandrovich Prudnikov (online store “puzzle.net.ua”) (hereinafter referred to as the “Seller”) and any legal entity, individual entrepreneur or individual user of the online store services, which hereinafter referred to as the “Buyer” (hereinafter referred to as the “Buyer”), which includes all the essential conditions for organizing the purchase and sale remotely (i.e. through an online store).
The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine “On the Protection of Consumer Rights” No. 1023-XII dated May 12, 1991, the Rules for the retail trade of non-food products approved by Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.
This agreement is in the nature of a public offer, is the equivalent of an “oral agreement” and, in accordance with the current legislation of Ukraine, has proper legal force.
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 organizing the sale and purchase remotely, that is, through an online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine full and unquestioning acceptance of the terms of the public contract, that is, the public offer of the online store 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 online store website.
1.4. By concluding the Agreement, the Buyer confirms that he is fully and fully familiar with and agrees with its terms, and also, 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 making mutual settlements, as well as for receiving invoices, acts and other documents. The permission to process personal data is valid for the entire duration 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” and 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 understandable to him.
2. Terms and definitions
2.1. “Online store” is the seller’s website (“puzzle.net.ua”), created for concluding retail and wholesale purchase and sale agreements based on the Buyer’s familiarization with the description of the Product in photographs proposed by the Seller, via the Internet, excluding the possibility of direct familiarization of the Buyer with By goods - a remote method of selling goods.
2.2. “Product” is a list of assortment items 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 defined.
2.4. “Significant defect of the Product” - a defect that makes it impossible or unacceptable to use the product in accordance with its intended purpose, arose due to the fault of the manufacturer (seller), after its elimination it appears again for reasons independent of the consumer and is endowed with at least one of the following characteristics :
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it makes the goods significantly different from those provided for in the contract.
3. Subject of the agreement
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 governs purchase and sale in the online store, including:
a) the Buyer’s voluntary selection 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 an order placed in the online store;
d) execution and transfer of the order to the Buyer into ownership under the terms of this agreement.
4. Ordering procedure
4.1. The buyer independently places an order online in the online store or using telephone communications using the contacts specified in the online store.
5. Cost and payment procedure 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. Sale
The buyer cannot change the price for a specific Buyer if he has already accepted the Seller’s terms and conditions and has 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) via bank transfer of money to the Seller’s current account specified in the invoice, incl. using Internet banking.
6. Order delivery
6.1. The goods are shipped to the Buyer after receipt of 100% payment from the Buyer on the invoice.
6.2. Delivery and return of goods is carried out by the seller or transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 10 days.
6.3. The cost of delivery in the online store is not indicated, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering wholesale quantities, delivery times and methods are agreed upon separately in each specific case.
6.5. The seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).
6.6. Payment of delivery costs is carried out by the Buyer to the carrier company independently upon receipt of the goods. The exact delivery cost is determined by the carrier company.
7. Return of goods of proper quality
7.1. The buyer has the right to exchange a product of good quality for a similar one from the seller from whom it was purchased, if the product does not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose under the following conditions:
A) the goods for exchange are provided to the Seller within no more than fourteen days, not counting the day of purchase;
B) the product may be damaged because it has never been in use, does not contain traces of use, and if its presentation, consumer properties, seals, labels, films are preserved, and the integrity of the packaging of both the product itself and its components is not compromised;
C) the product does not contain scratches, chips, abrasions, and is in full working order;
D) the complete set of goods sold is preserved;
D) the goods can be replaced upon presentation by the Buyer of the payment document issued to the Buyer along with the sold goods.
7.1.1. Requirements 7.1. do not apply to goods, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 “On the implementation of certain provisions of the Law of Ukraine “On the Protection of Consumer Rights”, included in the List of goods of adequate quality that are not subject to exchange (return)
7.2. If the product does not meet the conditions specified in paragraphs. A) - D) clause 7.1. The seller has the right to refuse to exchange goods.
7.3. Transportation costs for delivery of the Goods upon exchange under clause 7.1. are assigned to the Buyer.
7.4. When exchanging a product, its warranty period is calculated anew from the date of exchange.
7.5. If at the time of exchange a similar product is not on sale, the buyer has the right to either purchase any other goods from the available assortment with a corresponding recalculation of the cost, or terminate the contract and receive money back in the amount of the value of the returned product, or exchange the product for a similar one upon the first receipt of the corresponding goods for sale.
8. Rights and obligations of the parties
8.1. The buyer is obliged:
a) read the information about the product that is posted on the seller’s website;
b) place an order on the website yourself;
c) timely pay and receive the order from the Carrier under the terms of this agreement;
d) upon receipt of the goods from the carrier, ensure its integrity and completeness by inspecting the contents of the package. In case of damage and incomplete packaging, record them in a document, which must be signed by the carrier’s employee together with the Buyer.
8.2. The buyer has the right to demand that the online store comply with the terms of this agreement.
8.3. The online store is obliged:
a) comply with the terms of this agreement;
b) transfer the goods to the Buyer in accordance with the selected sample located in the online store, the placed order and the terms of this agreement;
c) the online store is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties.
8.4. The online store has the right:
a) unilaterally suspend the provision of services under this Agreement in the event of a violation by the Buyer of 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 a courier or seller, the buyer is obliged to check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and the completeness of its completeness.
9.2. If there is at least one of those listed in clause 9.1. Contract defects, the Buyer is obliged to record them in a folded document of any form. The act must be signed by the Buyer and an employee of the carrier or Seller. Within 1 (one) day from the date of signing
Act The Buyer is obliged to inform the manager (the Seller’s representative responsible for placing an order for the product) about the identified deficiencies and agree on a replacement of the product.
9.3. The parties agreed that in case of failure to comply with the mandatory requirements of this procedure, the Buyer shall be deemed to have received the Goods in proper condition - without any mechanical damage and in full completeness.
9.4. If, during the established warranty period (shelf life), significant defects are identified that arose through the fault of the manufacturer of the goods (seller), or falsification of the goods, confirmed by an expert opinion, the Buyer, in the manner and within the time limits established by the warranty obligations of the manufacturer of the Goods, taking into account the conditions The offer agreement has the right, at its own discretion, to require from the seller:
9.4.1. termination of the contract and return of the amount paid for the Goods;
9.4.2. replacing the product with the same product or a similar one from those available to the Seller.
9.5. In this case, upon confirmation by the Seller of significant defects in the Goods and upon the will of the Buyer, the paid funds must be returned to the latter to the details specified by him within 7 (seven) calendar days upon return of the goods.
9.6. In cases of replacement of low-quality Goods, payment for carrier services is carried out at the expense of the seller.
9.7. In any case, the Product must be returned in the original packaging in which the Product was received, preserving the presentation and consumer qualities of the product.
9.8. All issues not regulated by this Offer Agreement related to the procedure, conditions of warranty repair or replacement of the Product if defects are detected during the warranty period (shelf life), are regulated in accordance with the warranty obligations defined by the manufacturer of the relevant Product, and if the manufacturer does not establish such warranty obligations - in accordance with the current legislation of Ukraine.
10. Responsibility of the parties
10.1. The parties are responsible for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.
10.2. In the event of force majeure circumstances, the parties are released from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances are understood as events of an extraordinary, inevitable, unpredictable nature, excluding or objectively preventing the execution of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.3. The party citing force majeure circumstances must notify the other party in writing by e-mail within five calendar days of the occurrence of such circumstances.
10.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement continues for more than five months, each Party has the right to terminate this Agreement unilaterally by notifying the other Party in writing.
10.5. The parties make every effort to resolve any disagreements exclusively through negotiations.
11. Other conditions
11.1. The online store reserves the right to unilaterally make changes to this Agreement with its preliminary publication on the website “puzzle.net.ua”
11.2. The online store was created to organize a remote method of selling goods via the Internet.
11.3. The online store is not responsible for the content and accuracy 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 placing an order.
11.5. Payment by the Buyer for an order placed in the online store means the Buyer’s full agreement with the terms of the Purchase and Sale Agreement (public offer of the online store) and is the date of conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.
11.6. The use of the online store resource to view products, as well as to place an order, is free of charge for the Buyer.
11.7. Information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of operating the online store (sending a message to the Buyer about the completion of the order, sending advertising messages, etc.).
11.8. By own acceptance of the Agreement or by registering on the website puzzle.net.ua (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his own personal data in the Seller’s registered database “Counterparties” with the following purpose: data that becomes known to the seller to be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, transmitting advertising and special offers, information by telecommunications (via email, mobile phone)
about promotions, sweepstakes or any other information about the 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 Buyer's postal address, e-mail, as well as send SMS messages, make calls to the number specified in the application form .
11.9. The Buyer gives the seller the right to process his personal data, including: placing personal data in the Buyer’s database (without additional notification to the Participant about this), storing data for life, accumulating it, updating it, changing it (as necessary). The Buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute 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 purposes, as well as to a mandatory request from a competent government organ).
11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive promotional materials, sending it to a postal or email address.
12. Duration of this agreement
12.1. This agreement comes into force from the day of placing an order or registering in the online store “puzzle.net.ua” and is valid until all terms of the agreement are fulfilled.