This agreement is an official and public offer of the Seller to enter into a contract of sale of the Goods presented on the website www.ire.com.ua. This agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine; its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and other terms of the Agreement. The Agreement is considered to be concluded from the moment of pressing the “Confirm Order” button on the ordering page in the “Cart” section and the Buyer’s receipt of the Seller’s order confirmation in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter — the “Offer”) — a public offer of the Seller, addressed to an indefinite number of persons, to enter into a contract with the Seller for the sale of goods remotely (hereinafter — the “Agreement”) on the terms contained in this Offer.
1.2. Goods or Services — the object of the agreement of the parties, which was selected by the buyer on the website of the online store and placed in the cart or already purchased by the Buyer from the Seller remotely.
1.2. Online store — the Seller’s website at www.ire.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 using the Internet.
1.3. Buyer is an able-bodied individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the Online Shop website for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.4. The seller is a natural person-entrepreneur (NPE) Onutchak Iryna Romanivna (identification code 3220408206), a legal entity established and operating in accordance with the current legislation of Ukraine, located at the address: Ukraine, Lviv, Pekarska St., bld.15, apt.5.
2. Subject of the Agreement
2.1. The Seller 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.
2.2. The date of concluding the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the Agreement is the date of order form completion by the Buyer on the Online Shop website. The Buyer receives confirmation of the order electronically. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3. Ordering rules
3.1. The Buyer places an order in the online shop through the form “Cart”, or by placing an order by e-mail or phone number specified in the contacts section of the online shop.
3.2. The Seller has the right to refuse to transfer the Order to the Buyer if the information provided by the Buyer during the ordering process is incomplete or raises suspicions about their validity.
3.3. When placing an Order on the Online Shop website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the Order:
3.3.1. name and surname of the Buyer;
3.3.2. the address of the Buyer to which the goods should be delivered (in case of address delivery);
3.3.3. contact phone number of the Buyer;
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the website of the Online Shop.
3.5. If either Party requires additional information, it has the right to request it from the other Party. In case the Buyer failures to provide the necessary information, so the Seller is not responsible for providing quality service to the Buyer when buying goods in the online shop.
3.6. When placing an order through the phone (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.
3.6. The Buyer’s acceptance of the terms of this Offer is proven by the Buyer entering the relevant data in the registration form on the website of the Online Shop or when placing an Order through the phone. After placing the Order through telephone, the data on the Buyer is saved in the database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an order.
3.8. By concluding the Agreement, i.e., accepting the terms of this Offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is wholly and thoroughly acquainted with and agrees to the terms of this Offer;
b) The Buyer permits the collection, processing, transferring, and processing of personal data. The permission is valid throughout the term of the Agreement, as well as for an unlimited period after its expiration. Also, by concluding the contract, the Buyer confirms that he/she is notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”. Also, the Buyer understands the purposes of data collection, as well as that his/her data is transferred to the Seller of this Agreement, the possibility of mutual settlements, as well as to obtain invoices, acts, and other documents. The Buyer agrees that the Seller has the right to provide access and transfer his/her data to third parties without any additional notice to the Buyer to fulfill the Buyer’s Order. The scope of the Buyer’s rights as a subject of personal data following the Law of Ukraine “On Personal Data Protection” is known and understood by him/her.
4. Price and Delivery of Goods
4.1 Prices for Goods and Services are determined by the Seller independently and indicated on the Online Shop website. All prices for goods and services are listed on the website in UAH.
4.2 Prices for Goods and Services may change unilaterally by the Seller depending on market conditions. In this case, product price, the value of which is paid by the Buyer in full, may not be changed by the Seller unilaterally.
4.3. The cost of the Goods, which are indicated on the website of the Online Shop, does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to his/her chosen delivery service (carrier).
4.4. The cost of the Goods specified on the Online Shop website does not include the cost of delivery of the Goods to the address of the Buyer.
4.5. The Seller may indicate the approximate cost of the Goods delivery to the Buyer’s address when the Buyer places a request to the Seller by sending an e-mail or when placing an order through the telephone of the online shop.
4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds on his/her account.
4.7. Payments between the Seller and Buyer for the Goods are made in the ways specified on the Online Shop website in the section “Payment and Delivery”.
4.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9. The Buyer or Representative confirms the acceptance of Goods with a signature in the goods receipt/or in the order form/or in the transport consignment note. The Buyer confirms that he/she has no claims about the quantity of Goods, appearance, and its completeness.
4.10. Ownership and the risk of accidental loss/damage to the Goods pass to the Buyer/ Representative from the Buyer’s moment of Goods receipt in the city of delivery of the Goods in case of independent delivery of the Goods from the Seller, or during the transfer by the Seller of the Goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller must:
5.1.1. Transfer the Goods to Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and during the execution of the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and Services, unilaterally, placing them on the Online Shop website. All changes take effect from the moment of its publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, read the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Shop website.
5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary information that uniquely identifies him/her as the Buyer and is sufficient for delivery of the ordered Goods to the Buyer.
6. The procedure and conditions for the return of the goods
6.1. The Buyer has the right to return to the Seller non-food Goods of decent quality if the Goods did not satisfy him/her in shape, size, style, color, 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 including the purchase day. The Goods return is carried out if it has not been used. The Product return is possible when the product appearance, packaging, seals, labels, and a payment document issued to the Buyer for payment of the goods are preserved. The list of goods, which are not subject to return, is approved by the Cabinet of Ministers of Ukraine.
6.2. Reimbursement is made within 30 (thirty) calendar days from the date of receipt of the Goods by the Seller. This is subject to compliance with the requirements of paragraph 6.1 of the Agreement and the current legislation of Ukraine.
6.3. The cost of the Goods is refundable by bank transfer to the Buyer’s account.
6.4. The Goods return to the address of the Seller is made at the expense of the Buyer, and the Seller does not reimburse this sum to the Buyer.
6.5. In case of detection of defects in the Goods during the warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller under the Law of Ukraine “On Consumer Protection”. Upon submission of claims for free elimination of defects, the deadline for their elimination is deducted from the date of receipt of the Goods by the Seller.
6.6. Consideration of the requirements provided by the Law of Ukraine “On Consumer Protection” is carried out by the Seller after the Buyer provides all of the documents foreseen by the current legislation of Ukraine. The Seller is not responsible for defects of the Goods that appeared after its transfer to the Buyer as a result of a violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer has no right to refuse the goods of proper quality, which has individually defined properties, if the specified goods can be used only by the Buyer who bought it, (including those made for the request of the Buyer in non-standard sizes, characteristics, appearance, complete set and other). Confirmation that the product has individually defined features is the difference in product size and other characteristics specified in the online shop.
6.8. In cases foreseen by law and this Agreement, the return of goods is carried out to the address specified on the website section “Contacts”.
7. Responsibilities
7.1. The Seller is not responsible for damages caused by Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of the Orders and its obligations if the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their responsibilities in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be waved from responsibility for full or partial non-performance of its obligations if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that occurred independently of the Seller’s will and/or Buyer after concluding this Agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data
8.1. By providing his/her personal data on the Online Shop website, when registering or placing an Order, the Buyer gives the Seller his/her voluntary consent to the processing, use (including transfer) of his/her personal data, as well as other actions under the Law of Ukraine “On Personal Data Protection”, without limiting the validity of such consent.
8.2. The Seller undertakes the responsibility not to disclose the information received from the Buyer. It is not considered a violation to provide information by the Seller to contractors and third parties acting based on an agreement with the Seller, including fulfilling obligations to the Buyer, as well as in cases where the current legislation requires disclosure of such information of Ukraine.
8.3. The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to the irrelevance of information provided by the Buyer or inconsistency with its validity.
9. Other conditions
9.1. This Agreement is concluded on the territory of Ukraine and operates under the current Ukraine legislation.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller have the right to go to the courts for resolution of the dispute under the current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally under paragraph 5.2.1 of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in the manner prescribed by current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
Private individual Onutchak Iryna Romanivna
(Recipient code)
3220408206
(Recipient’s account)
UA793052990000026001001022971
(Name of the bank)
JSC CB “PRIVATBANK”
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