Standard form buyer agreement
This agreement is addressed to Consumers and is an official and public offer of the Seller, represented by FLP E.V. Kublii, the date and number of the entry in the Unified State Register of Legal Entities and Individual Entrepreneurs: 2 068 000 0000 035094 of July 07, 2017, and the Buyer, valid for the purpose of acquiring a Product that accepts the terms of this agreement (hereinafter - the Agreement) as follows:
1. Terms and definitions
1.1. The website is the Seller's Web site, located on the Internet at https://eng.rehab.fashion
1.2. Commodity - the material values realized through the Website.
1.3. Offer is a proposal of the Seller to conclude the Contract.
1.4. Acceptance - an action by the Purchaser for the acceptance by the Purchaser of the offer to conclude this Agreement.
1.5. The order of the Goods is executed in accordance with the requirements of this Agreement, the request of the Buyer, which expresses the identification by the Buyer intent to purchase the Goods. The Order specifies: Selected Goods, Buyer's Name, Telephone Number, Email Address.
1.6. The Seller's office is a non-residential premises in which the Seller constantly carries on his business and is located at: Khreshchatyk, 38 (TSUM), 3 floor
2. General provisions
2.1. This Contract is public, in accordance with Articles 633, 641 of the Civil Code of Ukraine, and its conditions are identical for all Buyers, the unconditional acceptance of which is considered acceptance of this offer by the Buyer, for which the Seller publishes this Agreement.
2.2. Confirmation of the complete and unconditional acceptance of the offer under this Agreement is deemed to be the purchase by the Purchaser of the Order of Goods by clicking on the "Buy" button.
2.3. The Agreement is deemed concluded without its subsequent signing from the moment the Seller receives the order made by the Purchaser (which occurs after clicking the Buyer on the Buy button) or the commission of other actions stipulated by the Agreement, indicating the consent to comply with the terms of the Agreement, without the signing of a written copy by the Parties.
2.4. By concluding the Agreement, the Buyer automatically agrees with the complete and unconditional acceptance (by the Buyer) of the provisions of the Agreement and all annexes, which are an integral part of this Agreement.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer to the Buyer's property the Buyer of the Goods chosen by the Buyer, and the Buyer undertakes to accept and pay for the Goods chosen by him in accordance with the procedure and conditions stipulated by this Agreement.
3.2. The risk of accidental loss of the Goods and ownership of the Goods passes to the Buyer at the time of the actual transfer of the Goods to the Buyer upon full payment of the value of the Goods.
4. Procedure for the execution of the order. Delivery Order
4.1. Before the registration of the Goods, the Buyer is familiar with the Products presented on the Website https://eng.rehab.fashion and, at his own discretion, chooses the item on the Website. After selecting the Product, he clicks the Buy button, fills in the fields "Your name", "Your e-mail", "Your telephone number", then selects "Choose delivery method" and presses the "Buy" button. By clicking on the "Buy" button, the Buyer confirms that he was familiar with the terms of this Agreement, Sections of the site "Delivery" and "Payment" by the time of order execution.
When ordering the Purchaser, the following information is indicated:
4.1.1. Name of the buyer
4.1.2. Contact phone number
4.1.3. Contact e-mail
4.1.4. Delivery address
4.1.5. Form of payment. The payment method shall be chosen by the Buyer in accordance with the forms specified by the Seller in the section of the Website "Payment".
4.1.6. Delivery method Order. Delivery address Order. Delivery method The order is selected by the Buyer after familiarization with the section of the Website "Delivery".
4.2. After the order is completed, the buyer receives the confirmation of the order and dispatch of the goods to the specified e-mail within one day.
4.3. When ordering the Purchaser is obliged to provide accurate and complete information about himself.
4.4. By clicking on the "Checkout" button, the Buyer confirms that he unconditionally accepts all terms of the Agreement.
4.5. Upon confirmation by the Seller of the Purchaser's Order, the Seller delivers the Goods to the Buyer. The method of delivery and the place of delivery are determined by the Buyer at the time of execution of the Order.
4.6. Delivery of the Goods is carried out at the expense of the Buyer. The seller carries out delivery through the buyer's chosen courier service.
4.7. Delivery cost is determined depending on the method and place of delivery determined by the Buyer.
4.8. Delivery of the Goods is carried out in a package that provides security, safe transportation of the Goods.
4.9. Together with the Purchaser's Purchased Product, the Seller also provides:
4.9.1. Settlement document for Goods.
4.9.2. Two printed and signed order forms.
4.10. In the case of self-admission of the Goods from the Seller's office, the Buyer signs the order forms in the Seller's Office.
5. The price of the goods. The order of payment
5.1. The price of the Goods shall be indicated for each Goods separately. The price for the Goods Buyer can be found on the relevant Goods page on the Seller's Web site. The price for the Goods shall be established in accordance with the procedure established by the current legislation of Ukraine.
5.2. The price of the Goods includes the cost of packing the Goods. Delivery cost is included / not included in the price of the Goods.
5.3. Payment of Goods is to be made in the national currency of Ukraine - UAH. But also the buyer may pay with their currency. After payment the currency is converted into UAH.
5.4. Forms of payment may be cash or credit card. Cash payment is possible upon receipt of the Goods in the Seller's Office.
5.5 Payment options for the ordered Goods:
5.5.1. 100% of prepayment in case delivery by mail.
5.5.2. At the time of receiving the Goods at the Seller's Office.
5.6. From the moment the Buyer has completed the Order, the Seller has no right to change the price for the Purchaser's Choice Product.
5.7. In case of non-payment by the Buyer of the price of the Goods, in accordance with the procedure and on conditions stipulated by this Agreement, he (the Buyer) agrees that he has unilaterally refused from this Agreement in full. In such a case, the Seller does not have a duty to deliver the Goods to the Buyer.
6. Receiving Goods. Return and exchange of Goods
6.1. Acceptance of the Goods by quantity, quality and appearance is carried out by the Buyer at the moment of receipt of the Goods.
6.2. If the Goods does not correspond to the order quantity, it turned out to be inadequate, with defects of appearance, then the Buyer (depending on the chosen method of delivery of the Goods):
6.2.1. In the presence of the courier or the delivery service, in a special delivery or courier form, he/she writes what does not correspond to the Order (inadequate quantity of ordered Goods, low-quality Goods, appearance defects) and sends this Product to the Seller. In this case, the Buyer does not sign the order forms.
6.2.2. In the presence of the Seller or representative of the Seller, the Goods shall be examined (in case of the pick-up of the Goods from the Seller's office), and in the case of an inappropriate quantity of the Goods, inconsistencies in quality, appearance, indicated on the Website, an Act on acceptance of the goods by quantity and quality is made. The Act indicates a discrepancy between the quantity, quality, the appearance stated by the Seller. The act is signed by the Buyer and the Seller or the Seller's representative.
6.3. The product is deemed to be not responsible for the appearance of the ordered Goods in the following cases:
6.3.1. If it differs from the corresponding image on the site.
6.4. In the absence of claims for quantity and quality, the Buyer puts his signature in the order form and sends one copy of the form by mail or courier to the Seller.
6.5. The Buyer's signature on the order form unconditionally confirms that the Purchaser has received the Order, claims to the quality, quantity and appearance of the Product, the order is completely in line with the fact that it was sent to the Seller at registration on the Web site.
6.6. In the event that the ordered Product does not correspond to the order sent by the Purchaser to this Product, the Product is inadequate, incomplete or has any defects, the Buyer has the right of his choice:
6.6.1. or to waive this Agreement;
6.6.2. or require the exchange (replacement) of this Goods for another similar Product from among the Items available on the Website.
6.7. The return and exchange of the Goods are carried out in accordance with the Law of Ukraine "On Consumer Rights Protection".
7. Guarantee period. The order of acceptance of claims
7.1. The warranty period for the Goods shall be established by the relevant normative legal acts and normative documents.
7.2. The warranty period starts from the date of delivery of the ordered Goods to the Buyer.
7.3. In case of defects of the purchased Goods during the established warranty period, the Buyer has the right to demand:
7.3.1. proportional reduction of the price of the Goods;
7.3.2. free repayment of defects of the Goods;
7.3.3. reimbursement of expenses for elimination of defects of the Goods.
7.4. In the event that the Buyer submits requirements for the free removal of defects of the Goods, such deficiencies must be eliminated by the Seller within fourteen days from the date of receipt of this Goods with defects in the Seller or in another term with the consent of the Seller and the Buyer.
7.5. The warranty period is increased for the term of the Seller's free removal of defects of the Goods. The specified period is calculated from the day the Buyer transmits to the Seller the Goods for the elimination of its shortcomings.
7.6. Provided in 7.3. The requirements are considered by the Seller if the Buyer submits the corresponding settlement document of the established form (receipt, commodity or cash check) with the mark on the date of sale (date of transfer) of the Goods.
8. Rights and obligations of the parties
8.1. The seller must:
8.1.1. Provide the Buyer with complete and accurate Product Information.
8.1.2. To transfer the Goods to the Buyer's property within fourteen days from the moment of receipt of payment of Goods by the Buyer.
8.1.3. To return and exchange the Goods in accordance with the provisions of the Law of Ukraine "On Consumer Rights Protection".
8.1.4. To repay the money or to exchange the Goods (at the Buyer's Choice, if the exchange of the Goods is not possible, then only to refund the money paid by the Buyer), in case if purchased by the Buyer is of poor quality or does not correspond to the appearance stipulated in the Order.
8.1.5. Post the quantity of the product that is missing.
8.1.6. To perform properly all its obligations under this Agreement.
8.1.7. Do not disclose the Purchaser's personal data that became known to the Seller in connection with the processing of the Order
8.2. Seller has the right:
8.2.1. Modify this Agreement, the prices for the Goods, the order of payment and delivery of the Goods unilaterally.
8.2.2. Require payment according to the Purchased Order by the Purchaser in accordance with the procedure and on the conditions specified in this Agreement and in the section of the Website "Payment".
8.2.3. In case of non-payment of the ordered Goods by the Buyer, to refuse to deliver the Goods (in case of delivery of the Goods by mail).
8.2.4. In case of incomplete payment for the ordered Goods by the Buyer, hold the Goods and not to deliver the Goods until the Buyer fails to pay the full price of the Goods (in case of delivery of the Goods by mail).
8.3. The buyer must:
8.3.1. To read the terms of the Agreement, the prices for the Product, the Sections of the Website "Payment", "Delivery", the annexes to this Agreement.
8.3.2. To pay for the ordered Goods.
8.3.3. To provide the Buyer with the information about himself, necessary for the execution of the Order and delivery of the Goods.
8.3.4. Provide relevant information about yourself.
8.3.5. To perform properly all its obligations under this Agreement.
8.4. The buyer has the right:
8.4.1. Get complete information about the product that he is ordering.
8.4.2. Get the ordered Goods in time-bound terms.
8.4.3. To refuse acceptance and payment of low-quality or incomplete Goods or Goods, which does not correspond to the orderly Order for this Product.
8.4.4. In case of defects of the purchased Goods during the established warranty period, to demand from the Seller - either a proportional reduction of the price of the Goods, or a non-repayment of the defects of the Goods, or reimbursement of expenses for eliminating the defects of the Goods.
8.4.5. To refuse this Agreement in the order and in cases stipulated by this Agreement and the current legislation of Ukraine.
8.4.6. In case of cancellation or refusal of this Agreement, demand from the Seller the return of money paid for the Goods.
9. Responsibility of the parties. Dispute settlement procedure
9.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall bear responsibility in accordance with the current legislation of Ukraine.
9.2. All disputes that arise between the parties are resolved through negotiations. In the event that the dispute can not be settled by negotiation, the dispute shall be resolved in court, in accordance with the current legislation of Ukraine.
10. Force Majeure
10.1. In the event of certain circumstances that prevent any party from fulfilling the obligations assumed under this Agreement, the defaulting party is completely exempted from liability for non-fulfillment, provided that: a) the circumstances that arose could not be accepted by it during the conclusion of this Agreement; b) this obstacle could not be avoided or overcome while fulfilling the obligation; c) the aforementioned obstacle or its consequences were the consequence of reasons beyond the control of the non-performing party. The circumstances that meet the above conditions, in particular, are: fire; flood war; strikes; blockade; earthquake.
10.2 A party for which it will be impossible to fulfill its obligations under this Agreement in view of the circumstances specified in clause 10.1. The Contract must immediately notify the other Party in writing of the occurrence and termination of the above-mentioned circumstances, their possible consequences, and to confirm such events by an official document issued by the relevant body (Chamber of Commerce and Industry) of the country of occurrence and force majeure. In the case of the above-mentioned circumstances, the term of performance of contractual obligations is set off according to the time during which these circumstances or their consequences will operate, but not more than 30 calendar days. If the above-mentioned circumstances and their consequences will last more than 30 calendar days, the parties, on the basis of mutual negotiations, will decide on the further fate of this contract.