PUBLICHESKY AGREEMENT (OFFER)
to order, purchase and sale and goods delivery
This agreement is the official and public offer of the Seller to sign the purchase and sale agreement of the Goods provided on the website www.vale-ukraine.com. This agreement public, that is according to Article 633 of the Civil code of Ukraine, its conditions are identical to all buyers irrespective of their status (natural person, the legal entity, the physical person entrepreneur) without preference to one buyer before another. By the conclusion of this agreement the buyer in full accepts conditions and the order of order placement, payment of goods, the goods delivery, return of goods, responsibility for the unfair order and other terms of the contract. The agreement is considered the prisoner from the moment of pressing of the Confirm the Order button on the page of order placement in the Section “Basket” and receiving by the Buyer from the Seller of order confirmation in electronic form.
I. Determination of terms
1.1. The public offer (further – “Offer”) – the public offer of the Seller addressed to the uncertain circle of people to sign with the Seller the purchase and sale agreement of goods by the remote method (further – “Agreement”) on the conditions which are contained in this Offer.
1.2. Goods or Service – the subject of the agreement of the parties chosen by the buyer on the website of Online store and placed in the basket, or already purchased by the Buyer at the Seller by the remote method.
Online store – the website of the Seller to the address vale-ukraine.com created for signing of the contracts of retail and wholesale purchase and sale on the basis of acquaintance of the Buyer with the description of Goods offered by the Seller by means of the Internet.
1.3. The buyer-capable natural person which reached 18 years obtains information from the Seller, places the order about purchase of goods provided on the website of Online store for the purposes which are not connected with implementation of business activity, either the legal entity or the physical person entrepreneur.
1.4. The seller – LLC RIF (EGRPOU 30269311 code), the legal entity created and operating according to the current legislation of Ukraine, which location: city of Dnieper, Bogdan Khmelnytsky Avenue, 162
2. Subject of the agreement
2.1. The seller undertakes to transfer to the possession to the Buyer Goods, and the Buyer undertakes to pay and accept Goods on the terms and conditions of this agreement.
2.2. Date of the conclusion of the Offer agreement (the acceptance of the offer) and the moment of complete and unconditional adoption of terms of the contract by the Buyer date of filling with the Buyer of the order form posted on the website of Online store on condition of receiving by the Buyer from the Seller of order confirmation in electronic form is considered. If necessary, at the request of the Buyer, the Agreement can be issued in writing.
H. Registration Order
3.1. The buyer independently makes out the order in Online store through the Baskets form, or having made the order by e-mail or by phone specified in the section of contacts of Online store.
3.2. The seller has the right to refuse transfer of the order to the Buyer in case
the data specified by the Buyer at order placement are incomplete or cause suspicion of their reality.
3.3. At order placement on the website of Online store the Buyer undertakes to provide the following obligatory information necessary for the Seller for order fulfillment:
3.3.1. surname, name of the Buyer;
3.3.2. the address to which it is necessary to deliver Goods (if delivery to the Buyer);
3.3.3. contact telephone number.
3.3.4. The identification code for the legal entity or natural person of the entrepreneur.
3.4. The name, quantity, the article, the price of the Goods elected by the Buyer are specified in the basket of the Buyer on the website of Online store.
3.5. If the additional information is necessary for the either party of the agreement, it has the right to request it in other Party. In case of failure to provide necessary information by the Buyer the Seller does not bear responsibility for providing high-quality service to the Buyer upon purchase of goods in online store.
3.6. At order placement through the operator of the Seller (item 3.1. this Offer) the Buyer undertakes to provide information specified in item 3.3-3.4. this Offer.
Adoption of this Offer by the Buyer conditions is performed by means of entering by the Buyer of the relevant data into the registration form on the website of Online store or at order placement through the operator. After order placement through the Operator data on the Buyer are entered in the database of the Seller.
3.7. The buyer bears responsibility for reliability of the provided information at order placement.
3.8. Signing the Contract, that is accenting conditions of this offer (the offered terms of purchase of goods), by order placement, the Buyer confirms the following: a) The buyer completely both is completely acquainted, and agrees with conditions of this offer (offer); b) he grants permission for collecting, processing and transfer of personal data, permission to processing of personal data acts during all duration of the agreement and also during unlimited term after its action. Besides, signing of the contract the Buyer confirms that he is notified (without additional notice) aboutthe rights established by the Law of Ukraine “About Protection of Personal Data” about the purposes of data collection and also that his personal data are transferred to the Seller for the purpose of a possibility of performance of conditions of the present Contract, a possibility of carrying out mutual settlements and also for obtaining accounts, acts and other documents. The buyer also agrees that the Seller has the right to provide access and to transfer his personal data to the third parties without any additional notifications of the Buyer for implementation of the order of the Buyer. The volume of the rights of the Buyer as subject of personal data according to the Law of Ukraine “About Protection of Personal Data” is known and clear to it.
4. Price and Delivery of the Item • •
4.1. Goods prices and services are defined by the seller independently and are specified on the website of Online store. All goods prices and services are specified on the website in hryvnias including VAT.
4.2. Goods prices and services can change the seller unilaterally depending on market condition. At the same time the price of a separate commodity unit which cost is paid by the Buyer in full can’t change the Seller unilaterally.
4.3. The Item cost specified on the website of Online store doesn’t include the cost of delivery of the Item to the Buyer. The Buyer pays the cost of delivery of the Item according to the operating tariffs of the delivery services (carriers) to the delivery service (carrier) which is directly elected by it.
4.4. The Item cost specified on the website of Online store doesn’t include the cost of delivery of the Item to the address of the Buyer.
4.5. The seller can specify the estimated cost of delivery of the Item to the address of the Buyer at the address of the Buyer with the corresponding inquiry to the Seller by sending the letter for e-mail or at execution of the order through the operator of online store.
4.6. Obligations of the Buyer for payment of the Item are considered fulfilled from the moment of receipt to the Seller of funds for his account.
4.7. Calculations between the Seller and the Buyer for the Item are made by the ways specified on the website of Online store in the section “Payment and Delivery“.
4.8. When receiving an item the Buyer has to check compliance of the Item to qualitative and quantitative characteristics (a description of goods, quantity, completeness, an expiration date) in the presence of the representative of the delivery service (carrier).
4.9. The buyer or his representative during acceptance of the Item confirms with the signature in the sales receipt / either in the order / or in the consignment note on delivery of items which doesn’t have claims to a quantity of goods, appearance and completeness of an item.
4.10. The property right and risk of accidental loss or damage of the Item passes to the Buyer or his Representative from the moment of receiving the Item by the Buyer in the city of delivery of the Item at independent delivery of the Item from the Seller or at an item Prodavtsem broadcast to the delivery service (carrier) the elected Buyer.
5. Rights and obligations of the Parties.
5.1. The seller is obliged:
5.1.1. To transfer to the Buyer an item according to conditions of the present Contract and the order of the Buyer.
5.1.2. Not to disclose any private information on the Buyer and not to provide access to this information to the third parties, except for the cases provided by the legislation and at implementation of the Order of the Buyer.
5.2. The seller has the right:
5.2.1 To change conditions of the present Contract and also goods price and service unilaterally, posting them on the website of Online store. All changes come into force from the moment of the publication.
5.3. The buyer promises:
5.3.1 Until signing of the contract to study the contents of the Contract, terms of the contract and the prices offered by the Seller on the website of Online store.
5.3.2 In execution by the Seller of the obligations to the Buyer the last has to report to all necessary data which are unambiguously identifying it as the Buyer, and sufficient for delivery to the Buyer of the ordered Item.
b. responsibility
6.1. The seller doesn’t bear damage liability, caused to the Buyer or the third parties owing to inadequate installation, use, storage of the Item acquired from the Seller.
6.2. The seller doesn’t bear responsibility for inadequate, untimely execution of Orders and the obligations in case of granting unreliable or false information by the Buyer.
6.3. The seller and the Buyer bear responsibility for implementation of the obligations according to the current legislation of Ukraine and provisions of the present Contract.
6.4. The seller or the Buyer are exempted from liability for full or partial failure to follow the obligations if non-performance is a consequence of force majeur circumstances as: war or military operations, an earthquake, a flood, the fire and other natural disasters which arose irrespective of will of the Seller and/or the Buyer after the conclusion of this contract. The party which can fulfill the obligations immediately notifies on it other Party.
7.1 other conditions
7.1. The present contract is signed in the territory of Ukraine and works according to the current legislation of Ukraine.
7.2. All disputes arising between the Buyer and the Seller are resolved by negotiations. In case of not achievement of settlement of disputable demandthe niya by negotiations, the Buyer and/or the Seller has the right to apply for the dispute resolution in judicial authorities according to
current legislation of Ukraine.
7.3. The seller has the right to make changes to this Agreement unilaterally, the provided item 5.2.1. Agreements. Besides, changes can be made to the Agreement by mutual consent of the Parties in the order provided by the current legislation of Ukraine.