PUBLIC OFFER AGREEMENT
for the purchase and sale of goods at a distance via the Internet
The following text is the Agreement between the online store, the site of which is located on the Internet at https://sitkazahid.com/, hereinafter referred to as "Online Store", and the user of the online store, hereinafter referred to as "Buyer" ", And determines the terms of purchase and sale of goods by the Buyer through the website of the online store.
1. General provisions
1.1. This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine), its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur).
1.2. In case of acceptance of the terms of this agreement, ie the public offer of the Online Store, the user becomes the Buyer.
2. Terms and definitions
2.1. Online store - Limited Liability Company "Network West Ukraine", established in accordance with the legislation of Ukraine, operating a site hosted on the Internet at https://sitkazahid.com/.
2.2. The product is published on the website of the online store in the "Products" section.
2.3. Buyer - an individual who has reached the age of eighteen, who receives information from the online store, which places orders to search, complete and reserve the Goods presented on the website of the online store, or a legal entity / individual entrepreneur.
2.4. Order - a completed and placed application of the Buyer, addressed to the Online Store, for the search, assembly and reservation of Goods, for further redemption by the Buyer.
2.5. Site - a set of pages accessed through a web browser and software modules, combined with a single management system located on the Internet, and contains all the features of a public offer to search, complete and reserve the goods selected by the Buyer on the site.
2.6. Personal account is a space on the Site, to which the Buyer has access, which reflects his personal information and the history of his Orders.
3. The subject of the contract
3.1. This agreement determines the order of interaction and conditions of providing the Internet store services to the Buyer, based on his desire, desire and ability to use the services of search, assembly and reservation of Goods, as well as the desire of the Online Store to provide the Buyer with the necessary information. buyer, and reserve them for further purchase by the Buyer.
3.2. The online store provides the Buyer with the following services:
3.2.1. Search, complete set and reservation of Goods on the basis of the Order made by the Buyer on the Site and confirmed by the Online Store;
3.3. The online store sells and delivers the Goods using the courier delivery services specified on the online store's website on the basis of the Buyers' applications left on the Site and confirmed by the online store. The prices for the Goods indicated on the Site include the cost of services of search, complete set and reservation and delivery of the Buyers' goods, unless otherwise specified in the confirmation of the Order.
3.4. The Buyer agrees with the terms of this agreement at the time of placing the Order by clicking on the "Confirm Order" button, which expresses the Buyer's confirmation of reading the text of this agreement and agreeing to its terms. In the future, the Buyer's objection to giving its consent thus relieves the Online Store of any liability for non-compliance with the terms of this agreement and reserves the right of the Online Store to cancel the Order unilaterally.
4. Rules of work with the Site
4.1. The Buyer may view the content of the Site, place an order, as well as use its other services.
4.2. Registration is required for the Buyer's access to personalized information and to provide additional opportunities to work with the Site.
4.3. At registration the Buyer enters the following data:
· First Name Last Name
· Phone number
· Email address
4.4. The buyer undertakes to provide the relevant reality, accurate and complete information about himself. The online store is not responsible for the accuracy and correctness of the information left by the Buyer during registration and execution of the Order.
4.5. After registration on the Site, the Buyer is given access to the Personal Account.
4.6. The Buyer undertakes not to notify third parties of the access parameters specified during registration. In case the Buyer suspects unauthorized use of such parameters by third parties, the Buyer undertakes to immediately notify the Online Store by sending an e-mail to [email protected] or by phone +380 67 109 7878.
4.7. The Buyer is responsible for any actions taken on the Site under his account and on his behalf.
4.8. The Online Store has the right to deny the Buyer the use of the Online Store services if it has reason to believe that the Buyer has provided inaccurate data, as well as in case of dishonest behavior (for example, violation of the terms of this agreement, etc.).
4.9. It is forbidden to use the Site in illegal and prohibited activities. Buyers of the online store agree to comply with the laws of Ukraine and the rules of conduct adopted on the Internet, namely, but not limited to posting on the site materials of extremist, pornographic or other nature that affects and / or infringes the honor, dignity and / or business reputation persons and violate generally accepted norms of morality, as well as to place advertising information without the permission of the online store.
5. Ordering procedure
5.1. The Buyer places an Order on the Site independently, by adding the selected Goods to the virtual basket and clicking the "Place Order" button.
5.2. Only registered buyers can place an Order for Goods.
6. Payment procedure
6.1. The Buyer purchases the Goods specified in the order placed on the Site, and also pays for the services of the Online Store on the terms agreed by the parties in the Buyer's order confirmed by the Online Store:
On the terms of prepayment to the account of the online store specified in the order;
At the time of receipt of the Goods in the courier service.
6.2. The total cost of the Order, which includes the full cost of the Goods and services of the Online Store is equal to the amount, payable and indicated on the Site at the time of registration and at the time of placing the Order.
7. Terms of return.
7.3. Return of goods is carried out in the manner prescribed by current legislation of Ukraine.
8. Confidentiality and protection of personal data
8.1. When registering on the Site, the Buyer leaves the personal and contact details specified in clause 4.3. of this agreement, but are not limited to it.
8.2. By providing his personal data on the Site during registration or ordering, the Buyer gives his voluntary consent to the processing and use (including transfer) of his personal data without limitation of such consent in accordance with the Law of Ukraine "On Personal Data Protection" from 01.06. 2010
8.3. The online store uses the received personal data to provide the services specified in this agreement, to promote the services provided by the online store, including through automated processing of personal data.
8.4. The online store undertakes not to disclose the information received from the Buyer. It is not considered a violation to provide information by the Online Store to agents and third parties acting on the basis of an agreement with the Online Store, including to fulfill obligations to the Buyer, as well as in cases where disclosure of such information is required by law.
8.5. If the Buyer does not want the online store to continue processing personal data, the Buyer must apply to the support service. In this case, the Buyer will not be able to continue to use the services of the Online Store.
8.6. The buyer is responsible for keeping his personal data up to date. The online store is not responsible for poor performance of its obligations in connection with the irrelevance of information about the Buyer or inconsistency with its validity.
9. Information messages
9.1. By registering on the Site, the Buyer consents to the Online Store to receive informational messages from the Online Store and its partners, acting on the basis of an agreement with the Online Store, through a short message service (SMS) and e-mail.
9.2. At any time, the Buyer has the right to refuse to receive such a mailing by changing the appropriate settings in the Personal Account.
10. Rules for the use of materials posted on the Site
10.1. The site contains materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photographs, graphics, music and sound.
10.2. All content of the Site is protected by the legislation of Ukraine.
10.3. The buyer has no right to use the materials posted on the Site, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create secondary documents, etc.
11. Other conditions
11.1. This agreement is concluded on the territory of Ukraine and is subject to the substantive law of Ukraine.
11.2. The invalidity of any clause or part of this agreement does not lead to the invalidity of the agreement as a whole.
11.3. All disputes arising between the Buyer and the online store are resolved through negotiations. In case of failure to resolve the dispute, the Buyer or the Online Store may apply to the courts in accordance with applicable law.
11.4. The online store has the right to make changes to the text of this agreement at its discretion at any time and without prior notice to Buyers. The current (current) version of the agreement is always available on the Site.
Supplier: LLC "Network West Ukraine" "R / r 26001051516753, Bank Privatbank, MFO 356282
Issued to the client SHERSTEN OLENA YEVHENIVNA (Private Entrepreneur),
USREOU 3325606246, that he
in JSC CB "PRIVATBANK" (USREOU bank 14360570, bank code 356282) opened an account:
№ UA223562820000026003051527933 (Current account),
currency UAH (Ukrainian hryvnia), opening date 29.06.2021p.
Office address: 58005, Chernivtsi, 14A Nebesna Sotnia Street
Chernivtsi region, Chernivtsi, street Kapelanska, № 2,
USREOU code 42756975, TIN 427569724122 "
ECONOMIC SUPPLY CONTRACT № 01/07 / 2021Ф
Chernivtsi "01" July 2021
Limited Liability Company "Network West Ukraine", represented by the director Sidoryak Igor Stepanovych, acting on the basis of the Charter, hereinafter referred to as "Supplier", on the one hand, and Individual entrepreneur Shersten Elena Yevgenivna, acting on the basis of the Extract, hereinafter the text "Buyer", on the other hand, entered into this economic contract of supply (hereinafter - the contract), the following:
1. SUBJECT OF THE AGREEMENT
1.1. The Supplier undertakes to transfer (deliver) within the stipulated time (term) to the other party - the Buyer the goods (goods), and the Buyer undertakes to accept the specified goods (goods) and to pay for it a certain sum of money.
1.2. The supply contract is concluded at the discretion of the parties.
1.3. The subject of delivery is the goods determined by generic features, which are delivered by the Supplier under the terms of this Agreement.
2. SUPPLY BASIS
2.1. Delivery of goods is carried out on the terms of EXW, CPT, FCA, DDP (Incoterms - 2010). The parties agree on the basis of delivery when ordering goods.
2.2. Together with the goods, the Supplier must provide the Buyer with documents (invoices, quality document, etc.) that are relevant to the goods and are subject to transfer together with the goods in accordance with current legislation of Ukraine.
2.3. Ownership of the delivered goods passes to the Buyer at the time of delivery of the goods to the Carrier on the invoice (if the basis of delivery CPT or FCA), or at the time of receipt of the goods in the Supplier's warehouse, if the basis of delivery EXW (EX WORKS), FRANCO FACTORY.
3. QUANTITY AND RANGE OF DELIVERY
3.1. The total quantity of goods to be delivered, their partial ratio (range, nomenclature) by types, types, sizes are determined by the consignment note (and / or the consignment note).
3.2. The quantity of goods to be delivered under this agreement may be set either in units of measurement or in monetary terms.
4. TERMS AND PROCEDURE OF DELIVERY
4.1. The term of delivery of each consignment of goods is 30 (thirty) calendar days from the moment of crediting the funds to the account of the Supplier, listed in terms and on the terms of section 8 of this Agreement.
4.2. The range, quantity of goods, price and cost of each consignment of goods are determined by the parties to the consignment note (consignment note).
4.3. The delivery of the goods by the Supplier to the Buyer is carried out according to the invoice in which the parties indicate the name of the delivered goods, quantity in units of measurement, the agreed price of the goods and the total cost of the delivered goods. VAT is accrued on the total cost of the goods at the rate established by the current legislation.
4.4. The date specified by the Buyer in the invoice for acceptance of the goods is the date of delivery of the goods by the Supplier.
4.5. The Supplier shall provide the Buyer no later than three days before the date of delivery with sufficient notice as to the time and place when and where the goods will be made available to the latter. The message is provided by telephone or facsimile, or otherwise.
4.6. The parties agree on the range, quantity of goods, price and cost of the consignment of goods by sending a request by the Buyer to the Supplier, in which the Buyer indicates the range and quantity of the goods / consignment. The Supplier confirms the acceptance of the order for execution by sending the Buyer a confirmation of the order, which indicates the range, quantity of goods, price and cost of delivery of goods that can be delivered by the Supplier. In the confirmation of the order the Supplier indicates the basis of delivery.
4.7. In any case, the final confirmation of delivery of the goods by the Supplier by assortment, subgroups, etc. is the invoice.
4.8. Delivery of a consignment of goods is considered to have been performed by the Supplier at the time of transfer of the consignment of goods to the Buyer (carrier, first carrier in case of mixed transportation).
4.9. The parties to the Agreement agreed and decided that in accordance with Art. 201 of the Tax Code of Ukraine, the Supplier provides a tax invoice in electronic form in compliance with the conditions of registration in the manner prescribed by law, the electronic signature of the person authorized by the Supplier and the registration of the tax invoice in the Unified Register of Tax Invoices.
5. QUALITY OF GOODS DELIVERED AND PACKAGING OF GOODS
5.1. The quality of delivered goods must comply with standards, technical conditions, other technical documentation that sets requirements for their quality, or samples (standards).
5.2. If the specified documentation is not published in public publications, its copies are provided by the Supplier to a copy of the Buyer's contract at his request, if they are available from the Supplier.
5.3. Compliance of the goods with the requirements of the legislation is confirmed in the manner and in the manner prescribed by law and other regulations.
5.4. The goods must be provided in containers and (or) packed in the usual way for packaging, and in their absence - in a way that ensures storage of goods during normal conditions of storage and transportation, unless additional requirements for packaging a batch of goods. The supplier at its own expense provides packaging of goods required for transportation (except in cases where in this area of trade it is customary to provide goods with the same characteristics as stipulated in the contract, without packaging). Packaging shall be carried out to the extent that the circumstances relating to the transport (eg means of transport, destination) have been communicated to the Supplier prior to the conclusion of the supply contract. The packaging must bear the appropriate labeling.
6.1. Upon detection of non-compliance of goods with quality requirements after shipment of goods complaints about non-compliance with quality requirements must be drawn up, signed and printed, (if necessary to send photos of detected defects of the delivered goods) sent to the Supplier within 10 days of detection. In this case, the Buyer must prove that the identified defects of the goods arose before the transfer of the goods by the Supplier. If the Supplier agrees with the complaint, the defective product will be replaced with a quality one.
6.2. The buyer has no right to sell a consignment of this product, for which a claim is filed.
6.3. The Parties agree that in resolving all issues concerning the quality of the delivered goods, the Parties are guided by the provisions of the Civil Code of Ukraine and the Commercial Code of Ukraine.
7. PRICE OF GOODS AND AMOUNT OF THE CONTRACT
7.1. Prices for delivered goods are free selling and set by the Supplier. The Parties recognize that the prices of goods are valid on the date of conclusion of this agreement, and may vary by the Supplier depending on the indicators that determine the price of goods. The price of the goods included in the consignment is finally agreed and indicated by the parties in the invoice for the supply of the consignment. The change of the price of the goods finally agreed by the parties after its delivery to the Buyer is not allowed.
7.2. The amount of the contract consists of the amount of the value of consignments of goods delivered by the Supplier during the term of this contract according to the invoices, which are an integral part of this contract.
7.3. Prices are set in the national currency of Ukraine.
7.4. The Supplier has the right with the consent of the Buyer to change the list of delivered goods, as well as their prices, notifying the Buyer in a written offer at least 10 days before such changes.
8. PROCEDURE OF CALCULATIONS
8.1. The Buyer pays for the ordered goods on the terms of 100% prepayment, by paying for the entire ordered consignment of goods within 3 calendar days from the date of issuing the invoice by the Supplier.
8.2. Payment is made in the amount of the full value of the consignment of goods ordered by the Buyer by non-cash transfer to the current account of the Supplier, specified in the details of this agreement.
8.3. Payment is made by the Buyer on the basis of this agreement and the invoice issued by the Supplier for the value of the ordered consignment of goods. When making a payment, the Buyer must indicate in the payment order the number and date of this agreement, the number and date in the invoice issued by the Supplier to pay for the consignment of goods ordered by the Buyer. Depending on the agreed basis of delivery, the Buyer also reimburses the cost of transportation.
9. RESPONSIBILITY OF THE PARTIES
9.1. The party that has violated the economic obligation specified in this agreement and / or current legislation of Ukraine, is obliged to compensate the damage caused to the party whose rights or legitimate interests are violated.
9.2. The composition and amount of damages is determined by the parties according to the rules established by the Commercial Code of Ukraine. In determining the amount of damage, the prices set by the Supplier for the same goods supplied to the Buyer on the day of the claim by the injured party to the guilty party are taken into account, and which will be determined on the basis of data provided by the Supplier. If there is more than 10 days between the filing of the claim and its voluntary satisfaction by the guilty party, the amount of damages will be recalculated based on the price set by the Supplier for the same goods supplied to the Buyer under this contract on the day of voluntary satisfaction of the victim's claim. the guilty party.
9.3. If the claim of the injured party is not satisfied voluntarily within twenty days from the date of filing the claim, the prices set by the Supplier for the same goods supplied to the Buyer on the day of filing a lawsuit for recovery are taken into account when determining the amount of damages. damages to the injured party on the part of the guilty party.
9.4. The party that has violated its obligation or probably knows that it will violate it upon the due date, must notify the other party no later than 3 (three) working days. Otherwise, this party is deprived of the right to refer to the failure of the other party to take measures to prevent damage and to demand a corresponding reduction in the amount of damage.
9.5. A party to an economic obligation shall not be deprived of the right to compensation for damages even if it has been timely warned by the other party of its possible non-performance of the obligation and could have prevented losses by its actions, but has not done so due to that taking such measures would entail additional costs. Losses are recovered in full in excess of penalties.
9.6. Losses are recovered in full in excess of penalties.
9.7. For breach of monetary obligations under this agreement, the guilty party pays the injured party a penalty in the amount of double the discount rate of the NBU, which was in effect at the time of the breach by the guilty party, from the amount of unfulfilled monetary obligation for each day of violation.
9.8. For delay in delivery of goods, the Supplier shall pay in favor of the Buyer a penalty in the amount of double the discount rate of the NBU, which was in effect at the time of the violation, from the value of goods overdue for each day of delay in delivery.
9.9. For incorrect registration and late registration of tax invoices in the Unified Register of Tax Invoices (hereinafter - ERPN) liability for material damages rests with the Supplier in the amount not reimbursed by the Buyer for this reason the amount of value added tax. Improper registration and late registration in the sense of this paragraph means:
• incorrect registration - registration by the Supplier of tax invoices with arithmetic and other errors;
• untimely registration of tax invoices - failure to submit documents for registration of tax invoices within the period specified by law.
9.10. Refusal of the SFS body to register the Supplier's tax invoices in the ERPN for reasons other than those specified in clause 9.9. does not entail any liability of the Supplier.
10. CIRCUMSTANCES EXCLUDING THE LIABILITY OF THE PARTIES (FORCE MAJOR)
10.1. The Parties agree that in case of force majeure, namely: war, hostilities, blockade, embargo, currency restrictions, changes in the legislation of the party that must fulfill the economic obligations, which make it impossible for the Party to fulfill its obligations under by this agreement, fires, floods, other natural disasters or natural phenomena, and the direct effect of such circumstances on the party who must fulfill the economic obligation, the Party is released from the fulfillment of its obligations for the duration of these circumstances. In the event that these circumstances last for more than 90 days, each of the Parties has the right to terminate the Agreement and is not responsible
for such termination, provided that it notifies the other Party not later than 30 days before the termination. Sufficient proof of such circumstances and validity is a document issued by the Chamber of Commerce and Industry of Ukraine.
11. TERM OF THE AGREEMENT
11.1. This Agreement from "01" July 2021 to "31" December 2021. Early termination of the contract is possible only in cases provided by the current legislation of Ukraine or with the consent of the Parties. In case of non-receipt of written objections of the Parties one month before the expiration of the Agreement, its validity is extended until December 31 of the following year.
11.2. The party to the contract, which considers it necessary to amend or terminate the contract, must send proposals to the other party to the contract.
11.3. The party to the contract, which has received a proposal to change or terminate the contract, within twenty days after receipt of the proposal notifies the other party of the results of its consideration.
11.4. If the parties have not agreed to change (terminate) the contract or in case of failure to receive a response within the prescribed period, taking into account the time of postal circulation, the interested party has the right to refer the dispute to court.
11.5. If the agreement is changed or terminated by a court decision, the agreement shall be considered amended or terminated from the date of entry into force of this decision, unless another term of entry into force is established by a court decision.
11.6. All annexes to the contract are its integral part and have the same legal force as the contract, subject to their approval and signing by the Parties.
11.7. The Buyer agrees and agrees that the Supplier has the right to collect, process, store, use the data of the Buyer, its officials, employees, etc., which are specified in this agreement and / or became known to him during its execution, including data of persons receiving the Goods on behalf of the Buyer in any manner not prohibited by applicable law, including but not limited to the formation and use of personal data base "contractors", in the implementation of economic, legal, tax relations, relations in the field of accounting, statistics, etc.
12. DETAILS OF THE PARTIES AND SIGNATURES:
Grid West Ukraine LLC
legal address: 58000, Chernivtsi region, Chernivtsi, street Kapelanska, 2
UA 113562820000026001051516753 in the Black Sea Fleet CB JSC "Privatbank" Chernivtsi
Director __________________ Sidoryak IS
FOP Shersten Olena Yevhenivna
legal address: 58029, Chernivtsi region, Chernivtsi, ave. Independence,
bud. 90a, apt. 29 USREOU 3325606246
UA223562820000026003051527933 in JSC CB "PRIVATBANK"
________________________ Shersten OE