CONTRACT OF PUBLIC OFFER OF PURCHASE AND SALE OF GOODS
This agreement is addressed to consumers and is an official and public offer of the Seller to conclude a contract for the sale of the Goods. The consumer, acting in order to purchase the Goods, accepts the terms of this agreement (hereinafter referred to as the Agreement) on the following:
1. General Provisions
1.1. This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine), its conditions are the same for all Buyers, regardless of status (individual, legal entity, individual - entrepreneur).
1.2. If the terms of this agreement are accepted, i.e. the Seller's public offer, the consumer becomes the Buyer.
1.3. By concluding the Agreement, the Buyer confirms that he is fully and fully familiar with and agrees with its terms, and also, if the Buyer is an individual, gives permission for the Seller to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of making mutual settlements, and also for receiving invoices, acts and other documents. The permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by the conclusion of this Agreement, the Customer confirms that he is notified (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of collecting data, and that his personal data is transferred to the Seller in order to fulfillment of the terms of this Agreement, the possibility of carrying out mutual settlements, as well as for receiving invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of processing personal data. The scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
2. Terms and definitions
2.1. Seller - any capable legal entity or individual entrepreneur, in accordance with the current Ukrainian legislation, who are the owners or distributors of the Goods and intend to sell them through the site https//5lb.ua/ .
2.2. Product - a list of consumer goods published on the website of the Internet store, for which the price, name and description of the goods are indicated. Also, the product may be accompanied by its image.
2.3. Buyer - a capable individual who has reached the age of eighteen, receiving information from the Seller, placing Orders for the purchase of Products that are presented on the website of the online store, for purposes not related to the implementation of business activities, or a legal entity / individual entrepreneur.
2.4. Order - a completed and placed Buyer's application for the purchase of Goods addressed to the Seller.
2.5. Online store website - a set of pages, access to which is carried out using a web browser, and software modules, united by a single control system, located on the Internet at https//5lb.ua/ .
2.6. Personal Account - the Buyer's personal section on the Seller's website, which the Buyer has access to, which reflects his personal information and the history of the Orders placed by him.
3. Subject of the contract
3.1. The Seller undertakes, on the terms and in the manner determined by this agreement, to sell the Goods on the basis of the Order placed by the Buyer on the website of the Boarding Store, and the Buyer undertakes, on the terms and in the manner determined by this agreement, to buy the Goods and pay for its cost.
3.2. The Seller guarantees that the Goods are not pledged, are not in dispute, under arrest and are not subject to the rights of third parties.
3.3. The Seller and the Buyer confirm that this agreement is not a fictitious, sham deal, a deal made under the influence of violence or deception.
3.4. The seller confirms that he has all the necessary permits to carry out economic activities, which regulates the scope of legal relations arising and operating in the course of the execution of this contract, and also guarantees that he has the right to manufacture and / or sell goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of executing this agreement and selling the goods.
3.5. The Buyer accepts the terms of this agreement at the time of placing the Order by clicking on the "Add to cart" or "Quick order" button, which means the Buyer's confirmation of reading the text of this agreement and acceptance of its terms. In the future, objections from the Buyer regarding the provision of his consent in this way relieves the Seller of any kind of responsibility for non-fulfillment of the terms of this agreement and reserves the Seller's right to cancel the Order unilaterally.
4. Rules for working with the website of the online store
4.2. Registration is required for the Buyer to access personalized information and provide additional options for working with the website of the online store.
4.3. When registering, the Buyer enters the following data:
- Full name
- Phone number
- E-mail address
- Address
4.4. The buyer undertakes to provide true, accurate and complete information about himself. The Seller is not responsible for the accuracy and correctness of the information left by the Buyer when registering and placing an Order.
4.5. The Buyer undertakes not to disclose to third parties the access parameters specified during registration. If the Buyer suspects the unauthorized use of such parameters by third parties, the Buyer undertakes to immediately inform the Seller about it by sending an email to shop@5lb.ua.
4.6. The buyer is responsible for any actions taken on the website of the online store under his account and on his behalf.
4.7. The Seller has the right to refuse the Buyer to place an Order if he has reason to believe that the Buyer has indicated inaccurate data, as well as under the condition of unfair behavior (for example, violation of the terms of this agreement, etc.).
4.8. It is forbidden to use the website of the online store in illegal and prohibited activities. Buyers agree to comply with the laws of Ukraine and the norms of behavior adopted on the Internet, namely, but not limited to: posting on the website of the Internet store materials of an extremist, pornographic or other nature that affects and / or infringes upon the honor, dignity and / or business reputation of third parties and violating generally accepted standards of morality, as well as posting advertising information without the permission of the Seller.
5. Ordering procedure
5.1. The Buyer places an order on the website of the online store independently, by adding the selected Products to the virtual cart and clicking the “Add to cart” or “Quick order” button.
5.2. Both registered Buyers and those that have not been registered can place an Order for the Goods, including by calling the phone number indicated on the website of the online store.
6. Price and payment procedure
6.1. The price of each individual Product is determined by the Seller and is 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 and the delivery price, as well as the availability of discounts and discounts from the buyer, which is equal to the amount payable, which is indicated on the website of the online store when placing the Order at the time of its placement.
6.2. The contract price is equal to the order price. The amount of the order may vary depending on the price, quantity or range of the Goods or discounts and discounts that the buyer has.
6.3. The Buyer makes payment for the Goods according to the Order. The buyer independently chooses one of the following payment methods:
- cash;
- cashless payments;
- using payment terminals.
6.4. Payment for the Services is carried out in the national currency of Ukraine.
6.5. The order is considered paid from the moment payment is received on the account of the Seller or his representative. The fact of payment for the Order indicates the Buyer's agreement with the terms of this agreement.
6.6. Delivery of the Order by the Seller is carried out after full payment for the Goods.
6.7. The price of the Goods, which is indicated on the website of the online store, can be changed by the Seller unilaterally. In this case, the price for the Goods ordered by the Buyer is not subject to change.
6.8. Until the Buyer's funds are credited to the Seller's account, the goods are not reserved. The Seller cannot guarantee the availability of the Seller's Goods in the quantity specified at the time of placing the Order, as a result of which the processing time of the Order may increase. If it is necessary to make a refund by the Seller to the Buyer in order to make a refund, the Buyer must inform the Seller of the bank account details to which the Seller is obliged to transfer the funds.
7. Terms of return
7.1. If the price of the Goods ordered by the Buyer is incorrectly indicated, the Seller informs the Buyer about this as soon as possible to confirm or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled automatically. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order by transferring it to the Buyer's account or in another acceptable way.
7.2. When placing an Order, the Buyer agrees that he has the right to refuse only the entire Order, and not part of it.
8. Obligations of the Seller
8.1. Provide truthful information about the Goods, their prices and the terms of delivery of the Goods.
8.2. Deliver the Goods in accordance with the terms of the Order.
8.4. In the event of a change in the delivery time, immediately inform the Buyer about the change in the delivery conditions. The Seller informs the Buyer by telephone or electronic communication. If it is impossible to contact the Buyer in cases of violation of the last clause 4.4 of this agreement, the Seller is not liable to the Buyer in accordance with the terms of this agreement and the norms of current legislation.
9. Obligations of the buyer and user
9.1 Obligations of the Buyer (User)
9.1.1 Provide the Seller with reliable, truthful and correct information, including when registering on the website of the online store.
9.1.2. Pay for the Goods, according to the Orders, at the price indicated in them.
9.1.3. When accepting the Order, carry out an external examination for external damage to the packaging in the absence of external damage to the packaging, sign in the invoice (receipt, register, etc.) on receipt of the Order. Open the outer packaging in the presence of a representative of the delivery service in order to check the safety of the enclosed, inspect the Goods for the integrity of its individual packaging and the presence of external damage on it.
9.1.4. In the event of any claims, demand from the representative of the delivery service to draw up an Act of external inspection and an Act of acceptance and transfer in 3 copies. The inspection report describes the damage to the outer packaging, and the acceptance certificate describes all the damage to the individual packaging of the goods.
9.1.5. In the event that the Seller transfers the Goods in violation of the terms of the Order on the quantity, assortment, completeness, packaging and (or) packaging of the Goods, no later than 5 (five) calendar days following the day of purchase (receipt), notify the Seller of these violations. In this case, the Goods must be returned in a marketable condition with the preservation of consumer properties and all labels, seals, etc.
9.1.6. Provide accurate passport data to be able to receive the Order at the office of the courier company, and personally appear with your passport.
9.2. Obligations of the User
2.1. The user agrees not to take actions that may be considered as violating Ukrainian law or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Site and services Site.
2.2. Use of materials from the Site without the consent of the copyright holders is not allowed. For the legitimate use of the materials of the Site, it is necessary to conclude licensing agreements (obtain licenses) from the Copyright Holders.
2.3. When citing materials from the Site, including copyrighted works, a link to the Site is required.
2.4. Comments and other entries of the User on the Site should not conflict with the requirements of the legislation of Ukraine and generally accepted standards of morality and ethics. By contacting us or leaving comments on the site, you are responsible that this message is not illegal, malicious, threatening, defamatory, offends morality (contains profanity), violates copyright, promotes hatred and / or discrimination of people on racial, ethnic, gender, religious, social characteristics, contains insults to specific individuals or organizations, as well as in any other way violates the current legislation of Ukraine. You agree that any of your messages can be deleted by the site administrators without your consent, and can be used free of charge at their own discretion.
2.5. The user is warned that the Site Administration is not responsible for visiting and using external resources, links to which may be contained on the site.
2.6. The User agrees that the Site Administration is not responsible and has no direct or indirect obligations to the User in connection with any possible or incurred loss or damage associated with any content of the Site, copyright registration and information about such registration, goods or services, accessible or obtained through external sites or resources or other contacts of the User, which he entered using the information posted on the Site or links to external resources.
2.7. The user accepts the provision that all materials and services of the Site or any part of them may be accompanied by advertising. The user agrees that the Site Administration does not bear any responsibility and does not have any obligations in connection with such advertising.
10. Buyer's rights
10.1. Demand the return of payment for the Goods if the Seller is unable to fulfill the conditions of the Order.
10.2. Make changes to the Order before paying for it.
10.3. Prior to the transfer of the Goods, to refuse to execute the contract, subject to reimbursement to the Seller of transport costs incurred by the Seller in connection with the performance of actions to fulfill this contract.
10.4. If there are claims to the quality of the Goods, submit them within the time frame and in accordance with the Law of Ukraine "On Protection of Consumer Rights".
11. Responsibilities of the parties
11.2. The Seller is not responsible for the improper, untimely execution of Orders and their obligations under this Agreement in the event that the Buyer provides inaccurate or false information.
11.3. The Seller and the Buyer are responsible for the fulfillment of obligations under this Agreement in accordance with the current legislation of Ukraine.
11.4. The Seller and / or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if failure is a consequence of such insurmountable circumstances as: war or military action, earthquake, flood, fire and other natural disasters, acts or actions of state authorities, changes in customs regulations , import and export restrictions that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations immediately notifies the other Party about it and provides documents confirming the existence of such circumstances, issued by the authorized bodies.
11.5. Loss of a paid parcel during postal delivery. The seller bears no responsibility (risk of loss) for the goods until the buyer receives such goods and does not undertake to compensate for the cost of such goods or resend them. According to Art. 334 of the Civil Code of Ukraine, the goods will receive the status of "transferred", from the moment of its transfer to the postal operator, the seller's obligations to transfer the goods will be fulfilled, and the goods will already be considered the property of the buyer. A claim for loss and an application for compensation must be made to the postal carrier. Postal shipments are insured for the full amount. If you are not able to file a claim and claim for compensation yourself, call us, we will file them ourselves and after the compensation, we will definitely return the money to you!
12. Confidentiality and protection of personal data
12.1. When registering on the website of the online store, the Buyer leaves personal and contact information specified in clause 4.3. of this agreement, but not limited to it.
12.2. By placing an order on the Website, the User agrees to the collection and processing (accumulation, storage, adaptation, renewal, use and destruction) of the data specified by him, namely: name, e-mail, telephone, address, in order to ensure the implementation of the purchase and sale relationship, relations in the field of consumer protection, in the field of advertising and marketing research, and also gives his consent to the transfer (dissemination) of his data to LLC "NOVAYA POCHTA" (EDRPOU 31316718), other freight forwarding and courier organizations
12.3. The Seller uses the received personal data to provide the services specified in this agreement, to promote the services provided by the Seller, including through the automated processing of personal data.
12.4. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by legal requirements.
12.5. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor-quality performance or non-fulfillment of its obligations due to the irrelevance of the information about the Buyer or the inconsistency of its reality.
13. Information messages
13.1. By registering on the website of the online store, the Buyer gives the Seller consent to receive information messages from the Seller and his partners, acting on the basis of an agreement with the Seller, through short message services (SMS) and e-mail.
13.2. At any time, the Buyer has the right to refuse to receive such mailing by writing a notification to shop@5lb.ua.
14. Rules for the use of materials posted on the website of the online store
14.1. The website of the online store contains materials, trademarks, trade names and other materials protected by law, including, but not limited to, texts, photographs, graphics, musical and sound works.
14.2. All content of the website of the online store is protected by the legislation of Ukraine.
14.3. The buyer does not have the right to use the materials posted on the website of the online store, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products, etc.
15. Other conditions
15.1. This agreement is concluded on the territory of Ukraine and operates within the framework of the legislation of Ukraine.
15.2. The invalidity of any clause or part of this agreement does not lead to the invalidity of the agreement as a whole.
15.3. All disputes arising between the Buyer and the Seller are resolved through negotiations. If the settlement of the dispute is not achieved, the Buyer or the Seller may apply for a dispute resolution to the courts in accordance with applicable law.
15.4. The seller has the right to amend the text of this agreement at its sole discretion at any time and without prior notice to the Buyers. The current (current) version of the contract is always available on the website of the online store.
15.5. The absence of a paper copy of this agreement signed between the Seller and the Buyer, with the signatures of the parties, in case of actual payment by the Buyer, is not a basis for recognizing this Agreement as not concluded. Making payment in accordance with the Order made on the website of the Internet store is considered the Buyer's acceptance (in accordance with Art. 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment the Agreement enters into force.
15.6. In case of claims, the Consumer must contact the Seller's Support Service by phone in the contacts section or by e-mail shop@5lb.ua.
