Public offer agreement
PUBLIC CONTRACT
I. Product information:
1. The product presented in the catalog through photo samples is an original product.
2. Each photo sample can be accompanied by text information: price, product description, application and other data.
3. The price of the product indicated on the Site can be changed unilaterally by the online store.
4. In the event of a change in the price of the product ordered by the Buyer, the manager of the online store will inform the Buyer (by phone or e-mail) as soon as possible to confirm or cancel the order. If it is impossible to contact the Buyer, this order is considered canceled.
II. Product and procedure for purchasing products:
1. The photos accompanying the Product may differ slightly from the actual appearance of the Product, due to the color rendering of different devices used to view the Site. The accompanying product descriptions/characteristics do not claim to be exhaustive and may contain typographical errors. The information presented on the Site is updated daily.
2. The order can be placed by the Buyer independently through the website basket or by phone at the numbers specified in the “Contacts” section.
3. The buyer of the online store has the right to place an order for any product presented on the website of the online store.
4. In the event that the Goods ordered by the Buyer are not in the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order/cancel the Buyer’s Order by notifying the Buyer of this by calling or sending an appropriate electronic message to the address specified by the Buyer during registration, or in another way.
5. If the product is not available, the Buyer has the right to replace it with a similar product, refuse this product, cancel the order.
6. The Buyer has the right to cancel the order at any time before it is sent to the Buyer by notifying the online store by calling.
7. In the case of cancellation of a fully or partially prepaid Order, the value of the canceled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid for, based on the Application in accordance with the Law of Ukraine “On the Protection of Consumer Rights”
8. The Buyer bears full responsibility for providing false information, which resulted in the impossibility of the Seller properly fulfilling its obligations to the Buyer.
9. After placing the Order on the Site, the Buyer is provided with information about the expected delivery date by means of a confirmation call to the phone specified by the Buyer in the order. The manager who serves this Order specifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in the Seller’s warehouse and the time required for processing and delivery of the Order.
10. The expected date of transfer of the Order to the Delivery Service is notified to the Buyer by the manager servicing the Order by e-mail or during a control call to the Buyer.
III. Price and payment method:
1. The price of each individual Product is determined by the Seller and indicated on the website of the online store. The price of the Order is determined by adding the price of all the Goods included in the Order, which is equal to the amount payable, which is indicated on the website of the online store when the Order is placed. The cost of delivery or shipment of goods is not specified and is not included in the order.
2. The price of the contract is equal to the price of the Order. The amount of the order may vary depending on the price, quantity and nomenclature of the Goods.
3. Payment for Services is made in the national currency of Ukraine – hryvnia.
4. The order is considered paid from the moment of receipt of funds to the Seller’s current account. The fact of payment of the Order indicates the Buyer’s agreement with the terms of operation of the online store specified in this Agreement.
5. The product is not reserved until the Buyer’s funds are credited to the Seller’s current account. The Seller cannot guarantee the availability of the Seller’s Goods in the quantity indicated at the time of placing the Order, as a result of which the processing time of the Order may increase. In the event that the Seller needs to return the funds to the Buyer, the Buyer must notify the Seller of the details of the bank account to which the Seller must transfer the funds.
6. Issuing and sending the Products to the Buyer is carried out after full payment of the value of the Order.
7. In case of choosing the option of cash on delivery, if the selected option of delivery of the Goods makes it possible to do so, the Goods are sent to the Buyer at the earliest opportunity.
8. If the order is paid before 12:00, the order will be shipped on the same day. After 12:00 – the next day.
9. When ordering goods in the amount of more than UAH 2,999. – delivery is paid by the online store to the “Novaya Poshta” branch (Except for discounted products participating in promotions and sales!).
10. The buyer is obliged to notify the seller about the payment as soon as possible and to keep the documents until the warranty period expires.
IV. Product quality and warranty:
1. The Seller is responsible for the quality and completeness of the products.
2. The Seller is responsible for the authenticity of the documents confirming the quality of the goods.
3. In case of detection of low-quality products after their delivery to the Buyer, the latter has the right to make claims regarding the quality of this product within 14 calendar days after receiving the products.
4. Responsibility for the quality and completeness of the products is removed from the Seller, if the damage of the products was caused by the fault of the Carrier or Courier.
5. The responsibility for the quality of the products is removed from the Seller, if the deterioration of the products was caused by the fault of the Buyer, when the latter uses the product for a purpose other than its intended purpose.
6. When selling goods according to the description, the Seller is obliged to hand over to the buyer the goods that correspond to the description. (The description of the product is a certain list of consumer properties (operational characteristics) of the product, which is transferred to the buyer. The description of the product can be accompanied by its photo, graphic image, etc.
7. Warranty terms (obligations) for goods sold in the online store – 30 days.
8. The terms for returning and exchanging goods, in accordance with the “Law on the Protection of Consumer Rights”, which are sold in the online store «sporysh.com.ua» are 14 calendar days. The exchange of goods is carried out if it has not been used and its appearance, consumer properties, seals, labels, packaging, a completed return form and a settlement document have been preserved.
9. In accordance with the Law of Ukraine on “Protection of Consumer Rights”, exchange and return of goods is possible within 14 calendar days from the moment of sending the customer’s order.
V. Delivery and transfer of goods to the Buyer:
1. Delivery of the goods purchased in the online store is carried out by the Nova Poshta company (or other carriers) throughout the territory of Ukraine, with the exception of the temporarily occupied territories and the Autonomous Republic of Crimea.
2. The shipment of the ordered goods in Ukraine is carried out within 1-3 working days from the day of confirmation of the order by the Buyer, provided payment is available, if the service is not selected, the cash on delivery service is not selected. Sundays and official holidays are not included in the number of working days.
3. The buyer, in the presence of a representative of the transport company, accepts the ordered goods according to the quantity, quality, assortment and completeness of the goods.
4. The seller is not responsible for the delivery time of the order, because it depends on the actions of third parties (carriers).
5. The buyer is not obliged to compensate the costs of the online store related to the delivery of the order, if in the process of accepting the goods it turns out that the delivered goods are of inappropriate quality, quantity, assortment or completeness.
6. If the Buyer rejects the goods of the appropriate quality or the order at the time of delivery, the Buyer shall pay the costs of the online store for the delivery of the order.
7. The term of delivery of the order depends on the Carrier and is 1-7 calendar days, depending on the address of the settlement.
VI. Procedure for returning goods:
1. The return or exchange of goods in the online store is possible in case of compliance with the terms of the Law of Ukraine “On the Protection of Consumer Rights” – Section II, Article 9 p. 1, and if preserved: its appearance, consumer properties, original factory packaging, labels. A product with signs of use is not subject to return (traces of use are any changes in the product that indicate its intended use)
1.1. In the event that the packaging of the goods was damaged, the online store reserves the right to deduct the cost of the packaging from the money that is returned, in the amount of up to 10% of the value of the goods, in accordance with the Law of Ukraine “On the Protection of Consumer Rights” – Section II, Art. 12 paragraph 7.
2. The return of the goods is caused by the Buyer’s application to the online store through the “Return of the goods” form by e-mail [email protected] with a notification of the decision to return the goods, the reasons for such a decision and to agree on the details.
3. When the Buyer returns the product of proper quality, the online store returns to him the amount paid for the product upon the fact of returning the product, minus the full compensation of the store’s costs related to the delivery of the product to the Buyer.
4. Refunds for goods that have not been delivered for any reason are made exclusively on the basis of a written statement from the Buyer to the Buyer’s card account specified by him in the Refund Application, within 10 banking days from the date of submission of such statement in the online store.
5. If the Buyer rejects the Goods, the Seller shall return the value of the returned Goods to him, with the exception of the Seller’s costs related to the delivery of the Goods returned by the Buyer, within 10 days from the date of receipt of the returned Goods at the Seller’s warehouse together with the application form and return documents filled out by the Buyer.
6. Return of goods of inappropriate quality:
6.1. A product of inadequate quality means a product that has an obvious manufacturing defect. The received Product must correspond to the description on the Site. The difference of design elements or design from the description stated on the Site is not a sign of inadequate quality.
6.2. The appearance of the Product, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Product.
6.3. Upon delivery of the Goods, the Buyer signs the delivery receipt. After receiving the Order, claims regarding external defects of the product, its quantity, completeness and product appearance are not accepted. The parties agreed that in the event of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition – without any mechanical damage and in full completeness.
6.4. Claims for the return of the money paid for the goods must be satisfied within 14 calendar days from the date of submission of the corresponding claim (Law of Ukraine No. 1023-XII “On the Protection of User Rights”, 12.05.1991).
7. Refunds are made by returning the cost of the paid Goods to a bank card or in cash, depending on the method of payment for the order.
VII. Responsibility:
1. The Seller is not responsible for the Buyer’s choice of Goods, he only guarantees the conformity of the ordered items.
2. The seller is not responsible for the term of delivery of the Goods after their transfer to the transport company.
VIII. Rights, obligations and confidentiality:
1. Internet – the store was created to organize a remote method of selling goods via the Internet.
2. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
3. The buyer is responsible for the accuracy of the information specified when placing the order. The use of the Internet store resource to view the product, as well as to place an order, is free of charge for the Buyer.
4. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of the online store functioning (sending a message to the Buyer about order fulfillment, sending advertising messages, etc.).
5. By his own acceptance of the Agreement or registration on the website “sporysh.com.ua”(filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data in the registered database of the Seller with the following purpose: the data that become known to the seller will be used in commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, transmission by means of telecommunication communication (via e-mail, mobile communication) of advertising and special offers, information about promotions, raffles or any other information about store activity. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer’s postal address and e-mail, as well as send sms messages and make calls to the phone number specified in the application form.
6. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer’s database (without additional notice to the Participant), to carry out lifelong data storage, their accumulation, update, change (as necessary). The buyer undertakes to protect data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, as well as for the mandatory request of a competent state body).
7. 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 advertising materials, sending it to the postal or e-mail address.
8. In any conflict situations, the parties are obliged not to give in to emotions, but first of all, to resolve the conflict calmly.
Sincerely, online store “sporysh.com.ua”