PUBLIC PURCHASE AGREEMENT
1. TERMS AND CONCEPTS.
1.1. For the purposes of this public contract of sale, the following terms are used in the following meaning:
1.1.1. Agreement – this public contract of sale under which the Seller undertakes to sell the Goods to an indefinite number of Buyers who will contact him using means of remote communication (Internet) through the AHEAD online store posted on the website: ahead .love. The conclusion of the contract of sale of the Goods is carried out in electronic form on the conditions determined by the Seller.
1.1.2. Website – AHEAD Online Store website hosted on the Internet at: ahead.love, including all its web pages; the owner and administrator of the Site is the Seller.
1.1.3. Goods – non-food consumer goods (clothing, leather goods, accessories, etc.), which under the terms of this Agreement are offered for sale at a distance by means of remote communication (Internet) images and / or descriptions of which are posted in the online store AHEAD also – Online store).
1.1.4. Seller – a natural person – entrepreneur Stets Yuliya Myronivna, date and number of the record on state registration of a natural person-entrepreneur: date 08.05.2018 number 26460000000032084. Address for correspondence and acceptance of any proposals, appeals, complaints: 04053 Kyiv, st. . Vinnichenko, 18, apt. 56.
1.1.5. Buyer – any able-bodied natural person, in accordance with the current legislation of Ukraine, who in the manner prescribed by this Agreement, at its own discretion fully accepted (accepted) all its terms without exception for the purpose of purchasing goods for personal, domestic or other use, not related to business activities.
1.1.6. Acceptance – the performance by the Buyer of an action aimed at accepting the terms of this Agreement.
1.1.7. Order – a properly executed and posted on the help of the Site request of the Buyer to purchase the selected Goods. 1.1.8. Recipient of the Goods – any able-bodied natural person, in accordance with the current legislation of Ukraine, defined by the Buyer in the relevant Order for the Goods as the recipient of the Goods.
1.2. For the purposes of this Agreement, all specified in paragraph 1.1. of this Agreement, the terms are used exclusively in the meaning specified in paragraph 1.1. of this Agreement, regardless of the use of these terms in the singular or plural, or in other grammatical forms, cases and / or constructions.
1.3. All other terms that are not separately defined in this Agreement are perceived and interpreted in their literal grammatical meaning based on the provisions of current legislation of Ukraine, business practices, as well as the purpose and subject of this Agreement. 1.4. Terms.
1.4.1. This Agreement is a public offer of the Seller, addressed to an indefinite number of persons and contains all the essential conditions for concluding an electronic Agreement of purchase and sale of Goods on the following terms.
1.4.2. By Acceptance, the Buyer certifies his full and unconditional agreement with all the provisions and rules of this Agreement without any exceptions and restrictions, and confirms that he is familiar with its terms before the Acceptance.
1.4.5. The fact of receipt of the Order is confirmed by receipt by the Buyer to the e-mail address specified by him at Registration, an e-mail from the Seller, which contains confirmation of receipt and further execution of the Order.
2. SUBJECT OF THE AGREEMENT
2.1. In the manner and under the conditions established by this Agreement, the Seller undertakes to transfer to the Buyer the goods selected by him, and the Buyer undertakes to accept and pay for the Goods in the manner and under the conditions established by this Agreement.
2.2. Ownership of the Goods passes to the Buyer at the time of delivery (transfer) of the Goods and subject to full payment by the Buyer of the value of the Goods in the manner and under the conditions established by this Agreement.
3. SELECTION OF GOODS AND PROCEDURE FOR CONCLUDING THE CONTRACT
3.1. The Buyer independently and at his own discretion chooses the Available and offered for sale on the Site in the Online Store and: – presses the “ADD TO CART” button and independently fills in and sends to the Seller the form “CHECKOUT”, in which, in particular, must indicate his name , name, contact phone number, e-mail address, selected payment method, selected method and desired place of delivery of the Goods, surname, name of the recipient of the Goods (in case the Recipient of the Goods will receive the Goods),
3.2. After filling in the “CHECKOUT” form, the Buyer must carefully read all the terms of this Agreement, and in case of acceptance (acceptance) of these terms in full – click “COMPLETE ORDER”, which is considered the fact that the Buyer sends the appropriate Order for the selected Product.
3.3. This Agreement is considered concluded, and the Seller’s offer to enter into this Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the “COMPLETE ORDER” button, using the information system of the website: ahead.love.
3.4. By clicking on the “COMPLETE ORDER” button, the Buyer confirms that he is familiar with all the terms of this Agreement before the Acceptance, confirms his full and complete agreement with all the terms of this Agreement without exception, including the terms of delivery and payment. specified on the Website of the Online Store on the date of conclusion of this Agreement by the Buyer.
3.5. By clicking on the button “COMPLETE ORDER” the Buyer confirms that he is in a convenient and accessible way in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine “On Consumer Protection” notified by the Seller of:
– the name of the Seller, its location and the procedure for accepting the claim;
– main characteristics and consumer properties of the Goods selected by the Buyer;
– the cost of the Goods selected by the Buyer, as well as the cost of its delivery to the Buyer;
– method, procedure and conditions of payment and delivery of the Goods selected by the Buyer;
– the period of acceptance of the proposal (offer) for concluding this public Agreement;
– the procedure for termination of this Agreement;
– other conditions on which the Goods are offered for sale.
3.6. By clicking on the “COMPLETE ORDER” button, the Buyer confirms that he has received all necessary, accessible, reliable and timely information about the order (purchase) of the Goods in full and properly in accordance with the requirements of Article 15 of the Law of Ukraine “On Consumer Protection”. the Goods chosen by him, which fully ensured the possibility of conscious and competent choice of this Goods.
3.7. The Buyer’s click on the “COMPLETE ORDER” button is considered unconditional and full acceptance by the Buyer of all terms of this Agreement without exception, as well as entering into the relevant contractual relationship with the Seller under this Agreement.
3.8. In cases provided by the current legislation of Ukraine, this Agreement is concluded in writing.
3.9. The term of processing and registration by the Seller of the Order for the Goods sent by the Buyer makes up to 2 (Two) working days from the date of filling and sending by the Buyer in the order established by item 3.1.-item 3.2. of this Agreement, the form of such Order for the Goods. If the specified Order for the Goods was sent by the Buyer on a weekend or holiday, the term of processing and execution of this Order for the Goods begins on the first day after the weekend or holiday.
3.10.During the period established by paragraph 3.9. of this Agreement, the Seller undertakes:
– assign a serial number to the Goods sent by the Buyer;
– send to the e-mail address specified by the Buyer in this Order for the Goods, an automatic electronic message about the processing of this Order for the Goods, indicating the serial number of this Order for the Goods assigned by the Seller and information on delivery time ordered by the Buyer
3.11. The Buyer has the right, having notified the Seller, to unilaterally withdraw from this Agreement during the entire period from the moment of its conclusion (acceptance by the Buyer of the Seller’s offer) and until the actual receipt of the ordered Goods.
4. RIGHTS AND OBLIGATIONS
4.1. The buyer has the right to:
4.1.1. demand from the Seller full and proper fulfillment of the terms of this Agreement;
4.1.2. refuse to accept and pay for low-quality or incomplete Goods or Goods that do not correspond to the sent Order for this Goods;
4.1.3. in case of detection of defects of the purchased Goods during the established warranty period to demand from the Seller – or proportional reduction of the price of the Goods, or gratuitous elimination of defects of the Goods, or reimbursement of expenses for elimination of defects of the Goods;
4.1.4. in case of detection during the warranty period of significant defects of the Goods, which arose through the fault of the Seller – or terminate this Agreement, or require the exchange (replacement) of the purchased Goods for the same Goods of proper quality or other similar Goods offered for sale in the online store Online;
4.1.5. to withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.6. terminate this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.7. in case of termination or refusal of this Agreement to demand from the Seller a refund of funds paid for the Goods;
4.1.8. to exercise other rights provided by this Agreement and the norms of the current legislation of Ukraine.
4.2. The buyer undertakes:
4.2.1. duly and fully perform all its obligations under this Agreement;
4.2.2. before concluding this Agreement, carefully read its content and conditions, as well as familiarize yourself with the cost of the Goods offered for sale in the Online Store on the Site, methods and procedure for payment;
4.2.3. before concluding this Agreement, carefully read the cost and methods of delivery of the Goods, which are posted on the page “User Agreement” on the Website of the Online Store;
4.2.4. in the manner and on the terms established by this Agreement to accept the ordered quality and complete Goods;
4.2.5. within the terms, in the manner and under the conditions established by this Agreement, to pay the cost of the ordered Goods;
4.2.6. during the warranty period to keep the relevant settlement document (purchase invoice) confirming the sale (transfer) of the Goods;
4.2.7. perform other duties provided by this Agreement and the current legislation of Ukraine.
4.3. The seller has the right to:
4.3.1. depending on the market situation, periodically review and change the value of the Goods offered for sale on the Site in the Online Store;
4.3.2. to conduct Sales and offer Promotional offers, which provide a temporary opportunity to purchase the Goods on more favorable terms than usual;
4.3.3. to exercise other rights provided by this Agreement and the norms of the current legislation of Ukraine.
4.4. The seller undertakes:
4.4.1. properly and in full to fulfill all its obligations under this Agreement and the current legislation of Ukraine;
4.4.2. provide the Buyer with complete and accurate information about the Goods and their value by placing this information on the Website of the Online Store;
4.4.3. provide the Buyer with complete and reliable information about the cost and methods of delivery of the Goods by placing this information on the Website of the Online Store;
4.4.4. within the terms, in the manner and under the conditions established by this Agreement, to ensure delivery of the Goods ordered by the Buyer to the place specified by the Buyer and in the manner selected by the Buyer in the relevant Order for such Goods;
4.4.5. within the terms, in the manner and under the conditions established by this Agreement, to ensure the transfer (delivery) to the Buyer or Recipient of the Goods ordered by the Buyer of quality and complete Goods in appropriate packaging, as well as to transfer together with the Goods the documents specified in this Agreement;
4.4.6. comply with the full and unconditional fulfillment of the Warranty Obligations contained on the Warranty Obligations page on the Online Store Website;
4.4.7. in case of termination of this Agreement within the period established by this Agreement and the current legislation of Ukraine, return to him the funds paid for the Goods within the time, in the manner and under the conditions established by this Agreement;
4.4.8. not to disclose information about the personal data of the Buyer, which became known to the Seller in connection with the processing of the Order;
4.4.9. perform other duties provided by this Agreement and the current legislation of Ukraine.
5. COST OF GOODS AND PAYMENT PROCEDURE
5.1. The cost of the Goods offered for sale in the Online Store is given on the relevant page of the Site and is set in the manner prescribed by current legislation of Ukraine.
5.2. The cost of the Goods offered for sale in the online store includes all taxes, fees and any other, including non-tax, mandatory payments.
5.3. The Seller has the right to conduct seasonal or any other types of sales of the Goods offered for sale in the Online Store on the Site (hereinafter – the Sale).
5.4. The Seller has the right to offer Buyers to purchase several Goods or a combination of them, as well as to offer Buyers in case of purchase of a specific Goods specified by the Seller to purchase another Goods determined by the Seller at a reduced price (hereinafter – Promotional Offers). In this case, the Seller on the Online Store Site must additionally indicate the following information:
– the content and cost of the Promotional Offer, and in case of offering to purchase several Goods at once or their combination for one price – the cost of such Goods in respect of each separately;
– the conditions of acceptance of the Promotional Offer, in particular the term of its acceptance, as well as any restrictions on its acceptance, including restrictions on the number of Goods offered for purchase on such terms.
5.5. The value of the Goods ordered by the Buyer is equal for this Buyer to the value of this Goods specified on the Website of the Online Store at the time of conclusion by this Buyer of this Agreement (acceptance by this Buyer of the Seller’s offer). The total value of the Order is determined by adding the value of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the value of the Order.
5.6. From the moment the Buyer concludes this Agreement (the Buyer accepts the Seller’s offer), the Seller has no right in any way and under any circumstances to change or in any other way review for this Buyer the value of the Goods ordered by him and the cost of delivery.
5.7. If the Buyer has ordered the Goods with delivery, the cost of this Goods includes the cost of its delivery to the place and in the manner specified by the Buyer in the relevant Order for the Goods. In this case, in the settlement document for the Goods (invoice), which is transferred to the Buyer together with the delivered Goods, the cost of the Goods and the cost of delivery are indicated both separately and together.
5.8. By filling in the form “CHECKOUT” the Buyer at his own discretion chooses one of the methods specified in the section “Terms of purchase and delivery” on the Website of the Online Store to pay for the value of the ordered goods, including the cost of delivery. The Buyer may pay the cost of the Order in the following ways: With his own payment card on the Site using technical means provided by the relevant legal entity that performs the functions of the Internet acquirer on the basis of an agreement with the Seller. Payment by payment card is possible if it is provided by the functionality of the Site at the time of registration of the Goods (Order); Courier, immediately upon receipt of the Goods (Order).
5.9. Failure by the Buyer to fulfill its obligations to pay for the Goods ordered by him is considered a unilateral refusal of the Buyer from this Agreement in full, which, consequently, results in termination of all obligations of the Seller arising from the Buyer’s acceptance of the Seller’s offer to enter into this Agreement.
6. DELIVERY AND DELIVERY (DELIVERY) OF GOODS
6.1. If the Buyer has ordered the Goods without delivery, he can receive the ordered Goods at the address of the Seller specified in the “Feedback” section of the Online Store.
6.2. If the Buyer has ordered the Goods with delivery, the Seller undertakes within the period specified in the relevant automatic electronic notification of processing the Buyer’s Order for the Goods, but in any case not later than 30 (Thirty) calendar days from the conclusion of this Agreement by the Buyer. offers of the Seller) to deliver to the Buyer or the Recipient of the Goods and to hand over (transfer) the ordered Goods in the place of delivery of the Goods specified by the Buyer in the corresponding Order for the Goods.
6.3. Delivery of the Goods is carried out by the Seller in the manner and to the place specified by the Buyer in the relevant Order for the Goods.
6.4. The Recipient of the Goods ordered by the Buyer is the Buyer or the Recipient of the Goods.
6.5. The cost of delivery of the Goods ordered by the Buyer is determined depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.
6.6. Information on the cost and possible methods of delivery of the Goods (an integral part of this Agreement) is contained on the relevant page “Payment and delivery” on the Website of the Online Store.
6.7. Delivery of the Goods ordered by the Buyer is carried out by the Seller on its own or with the help of couriers and delivery services engaged by the Seller on a partnership basis, depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.
6.8. The list of couriers and delivery services involved by the Seller on a partnership basis (an integral part of this Agreement) is available on the Website of the Online Store.
6.9. The goods are delivered (transferred) to the Buyer or the Recipient. The goods are packaged.
6.10. Together with the Goods, the Seller undertakes to transfer to the Buyer or the Recipient of the Goods:
– one copy of the Order for the Goods sent by the Buyer in accordance with the procedure established by p.3.1.-p.3.2 is executed by the Seller in accordance with the requirements of the current legislation of Ukraine. of this Agreement;
6.11. Delivery (transfer) of the ordered Goods to the Buyer or the Recipient of the Goods is carried out only under the following conditions:
– payment by the Buyer of one hundred percent of the value of such Goods in the manner and under the conditions established by this Agreement;
– presentation by the Buyer or the Recipient of the Goods of an identity document;
6.12. During delivery (transfer) of the ordered Goods to the Buyer or the Recipient of the Goods, the Seller or couriers and delivery services engaged by the Seller on a partnership basis, who delivered such Goods, in the presence of the Buyer shall check the compliance of the Goods with the Order for this Goods. p.3.1.-p.3.2. of this Agreement.
6.13. If the ordered Goods do not correspond to the Order sent by the Buyer for this Goods or the Goods are of poor quality, incomplete or have any defects, the Buyer has the right of his choice:
– or withdraw from this Agreement;
– or require the exchange (replacement) of this Goods for the same Goods of proper quality in accordance with the Order sent by the Buyer for the Goods or other similar Goods, from among the Goods available for sale in the Online Store.
6.14. If the ordered Goods are of high quality, complete and fully comply with the relevant Order sent by the Buyer for this Goods, the Buyer or the Recipient of the Goods shall sign:
– a document of the established form involved by the Seller on a partnership basis of the delivery service.
6.15. The risk of accidental destruction, loss or damage to the ordered Goods passes to the Buyer from the moment of delivery (transfer) of this Goods to the Buyer or the Recipient of the Goods.
6.16. This Agreement is considered fulfilled at the time of delivery (transfer) to the Buyer or the Recipient of the Goods ordered by the Buyer of the complete Goods of proper quality, which fully corresponds to the Order sent by the Buyer for this Goods.
6.17. Refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which is high quality, complete and fully complies with the Order sent by the Buyer for this Goods is considered unilateral refusal of the Buyer from this Agreement in full, which, consequently, terminates all obligations of the Seller. , which arose as a result of the Buyer’s acceptance of the Seller’s offer to enter into this Agreement, except for the obligation to return the funds paid by the Buyer for the Goods (if such funds have been paid).
7. QUALITY OF GOODS, WARRANTY OBLIGATIONS, PROCEDURE FOR SUBMISSION AND SATISFACTION OF BUYERS ‘CLAIMS
7.1. The Seller undertakes to transfer to the Buyer the Goods of proper quality ordered by him, suitable for use for the purpose for which such Goods are normally used.
7.2. The quality of the Goods must meet the requirements established for this category of Goods in the relevant regulations and regulations.
7.3. The Seller ensures the proper use of the Goods purchased by the Buyer during the warranty period established by regulations, regulations and Warranty obligations (an integral part of this Agreement) contained on the page “Warranty Obligations” on the Website of the Online Store.
7.4. The warranty period begins from the date of delivery (transfer) of the ordered Goods to the Buyer.
7.6. When the Buyer exchanges Goods of proper quality or exchanges (replaces) the Buyer of Goods with significant defects, its warranty period is recalculated from the date of exchange of Goods of proper quality or from the date of exchange (replacement) of Goods with significant defects.
7.7. The warranty period is extended by the term of the Seller’s free elimination of defects of the Goods. The specified term is calculated from the day when the Buyer transferred the Goods to the Seller to eliminate its shortcomings.
7.8. In case of detection of defects of the purchased Goods during the established warranty period, the Buyer has the right to demand:
– gratuitous elimination of defects of the Goods;
– reimbursement of expenses for elimination of defects of the Goods.
7.9. If the Buyer requests the elimination of defects of the Goods free of charge, such defects must be remedied by the Seller within 14 (Fourteen) days from the date of receipt of the Goods with defects to the Seller or at another time by mutual consent of the Seller and the Buyer.
7.10. In case of detection of defects of the purchased Goods during the established warranty period, the Buyer has the right to present to the Seller one of the requirements provided by clause 7.8. of this Agreement, and in case of its non-fulfillment – to declare other requirement which is also contained in the list of item 7.8. of this Agreement.
7.11. In case of detection during the warranty period of significant defects of the Goods (according to the definition of this term in the Law of Ukraine “On Consumer Protection”), which arose through the fault of the Seller, or detection of falsification of the Goods, confirmed by the conclusion of the examination, the Buyer choice:
– terminate this Agreement with full refund of funds paid for the goods;
– require the exchange (replacement) of Goods with significant defects or counterfeit Goods for the same Goods of proper quality or other similar Goods, from among the Goods available for sale with a corresponding transfer of the value of the Goods in accordance with current legislation of Ukraine.
7.12. Provided by p.7.8. and p.7.11. of this Agreement, the requirements are considered by the Seller provided that the Buyer presents the relevant settlement document of the prescribed form (invoice) with a note on the date of sale (date of transfer) of the Goods.
7.13. Provided by p.7.8. and p.7.11. of this Agreement, the Buyer’s claims are not subject to satisfaction if the Seller proves that the defects of the Goods arose as a result of violation by the Buyer of the rules of use of the Goods or the conditions of its storage.
8. EXCHANGE AND REPLACEMENT OF GOODS
8.1. The Buyer has the right within the period established by the current legislation of Ukraine to exchange the Goods of proper quality for similar ones from the Seller, if the Goods did not satisfy him in shape, dimensions, style, color, size or for other reasons can not be used for its intended purpose.
8.2. The exchange of the Goods of proper quality is carried out if it has not been used and if its appearance, consumer properties, seals and labels, as well as the settlement document issued to the Buyer together with the sold Goods are preserved.
8.3. The list of Goods that are not subject to exchange and return on the grounds specified in paragraph 8.1. of this Agreement, approved by the resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 № 172 “On the implementation of certain provisions of the Law of Ukraine” On Consumer Protection “.
8.4. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with significant defects is carried out by the Seller on the basis of a written application of the Buyer, personally delivered to the Seller’s representative or sent to the Seller’s address specified in the “Contacts” section of the Online Store.
8.5. Buyer’s requirements for exchange of Goods of proper quality, as well as Buyer’s requirements for exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for exchange or replacement, are subject to immediate satisfaction by the Seller, but in any case not later than 14 ( Fourteen) working days from the date of receipt from the Buyer specified in paragraph 8.4. of this Agreement statement.
8.6. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with significant defects is carried out by the Seller if the Buyer has a relevant settlement document of the prescribed form (consignment note) confirming the sale of Goods to Buyer, with a note on the date of sale (date of transfer).
8.7. If at the time of the Buyer’s application to the Seller with a request to exchange the Goods of proper quality for another similar Goods required by the Buyer to exchange the Goods will not be on sale in the Online Store, the Buyer has the right to:
– or exchange the purchased Goods for any other Goods from among the Goods available for sale in the Online Store with the corresponding transfer of the value of the Goods in accordance with the current legislation of Ukraine;
– or terminate this Agreement in the manner prescribed by Section 9 of this Agreement.
– or exchange the received Goods for another similar Goods upon its first sale in the Online Store. In this case, the Seller undertakes to notify the Buyer on the day of receipt of such Goods for sale.
8.8. Return by the Buyer of the Goods of proper quality, as well as return by the Buyer of the Goods with significant defects in connection with the exchange or replacement of such Goods shall be made in accordance with Section 10 of this Agreement.
9. PROCEDURE FOR TERMINATION OF THE AGREEMENT
9.1. The Buyer has the right to terminate this Agreement in the cases and within the time limits provided by this Agreement and current legislation of Ukraine.
9.2. Except for other cases provided by this Agreement, the Buyer has the right to terminate the Agreement by notifying the Seller from the moment of concluding this Agreement (acceptance by the Buyer of the Seller’s offer) until the actual receipt of the ordered Goods, or within fourteen days of receipt. Notice of termination of this Agreement is also considered to be the Buyer’s application for a refund of funds paid for the Goods, sent to the Seller in the manner prescribed by paragraph 11.1. of this Agreement.
9.3. This Agreement is considered terminated from the moment the Seller receives the Buyer’s notice of termination of the Agreement and / or the Buyer’s application for a refund of funds paid for the Goods.
9.4. In order to exercise its right to terminate this Agreement, the Buyer must keep and present to the Seller the relevant settlement document of the prescribed form (receipt, commodity or cash receipt) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods.
9.5. Termination by the Buyer of this Agreement shall result in the return of the purchased (received) Goods to the Seller in the manner prescribed by Section 10 of this Agreement.
10. RETURN OF GOODS
10.1. Upon receipt of the Goods from the courier of the carrier or Seller, the Buyer or the Recipient of the Goods is obliged to check the external integrity of the package, then open it and directly verify the proper appearance of the Goods (no mechanical damage) and completeness.
10.2. In case of at least one of the listed defects, the Buyer or the Recipient of the Goods is obliged to fix it in the drawn up Act of any form. The act must be signed by the Buyer and the person who delivered the Goods. If possible, defects should be recorded by means of photo or video shooting. After signing the Act on identified defects, the Goods are returned to the person who made the delivery of the Order.
10.3. In case of termination of this Agreement by the Buyer, in case of exchange of the Goods of proper quality or exchange (replacement) of the Goods with significant defects, the Buyer may also return the Goods to the Seller at his address specified in the “Contacts” section of the Online Store.
10.4. The Return of the Goods must be made by the Buyer in the original packaging in which he or the Recipient of the Goods received the Goods.
10.5. The returned Goods must meet the following requirements: they have not been used, their appearance, consumer properties, seals and labels, as well as the settlement document issued to the Buyer together with the sold Goods have been preserved.
10.6. Non-refundable Goods, the list of which is defined in Annex №3 of the Resolution of the Cabinet of Ministers of Ukraine № 172 of March 19, 1994 “On the implementation of certain provisions of the Law of Ukraine” On Consumer Protection “.
11. PROCEDURE FOR RETURN OF FUNDS PAID FOR GOODS
11.1. Refunds paid by the Buyer for the Goods are made by the Seller on the basis of the application of the Buyer / his duly authorized representative sent to the address of the Seller specified in the section “Contacts” on the Website of the Online Store.
11.2. To the specified in item 11.1. statements by the Buyer must be attached:
– the relevant settlement document of the established form (receipt, commodity or cash receipt), confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods;
11.3. Refund to the Buyer / his duly authorized representative of the money paid for the Goods shall be made by the Seller in one of the following ways, depending on the method of delivery and delivery of such Goods, as well as the method of payment for the Goods:
11.3.1. Subject to cash payment for the Goods, if delivery and delivery of the Goods was carried out by the Seller on its own:
– transfer of the relevant amount of funds to the account opened by the Buyer in the institution of the bank, including the card account specified by the Buyer in the application specified in clause 11.1. of this Agreement;
– or issuance to the Buyer of the appropriate amount of cash in cash from the Seller’s cash desk at the address specified in the “Contacts” section of the Online Store Website.
11.3.2. Subject to cash payment for the Goods, if the delivery and delivery of the goods was carried out with the help of couriers and delivery services engaged by the Seller on a partnership basis:
– transfer of the relevant amount of funds to the account opened by the Buyer in the institution of the bank, including the card account specified by the Buyer in the application specified in clause 11.1. of this Agreement;
– or issuance to the Buyer of the appropriate amount of cash in cash from the Seller’s cash desk at the address specified in the “Feedback” section of the Online Store Site.
11.3.3. In case of non-cash payment by using the service “Payment by card on the site”:
– transfer of the corresponding amount of money to the same account of the Buyer from which the payment for the Goods was made.
11.3.4. Subject to non-cash payment for the Goods by bank transfer by the Buyer of the appropriate amount of money equal to the value of the Goods to the current account of the Seller:
– by transferring the appropriate amount of money equal to the value of the Goods to the bank account of the Buyer.
11.4. In the specified in item 11.1. of this Agreement, the Buyer must indicate in the statement in which of the specified in paragraph 11.3. of this Agreement, he wishes to receive a refund of the funds paid by him for the Goods.
11.5. If in the specified in p.11.1. of this Agreement, the Buyer has not chosen any of the conditions specified in clause 11.3. ways to return the money paid to him for the Goods, or did not specify an account opened in the bank for these settlements, it is considered that the Buyer has expressed a desire to receive the appropriate amount of cash from the Seller’s cash desk at the address specified in the “Contacts” on the Internet -shop.
11.6. Refunds paid by the Buyer for the Goods shall be made by the Seller subject to the return of such Goods by the Buyer in accordance with the procedure established by Section 10 of this Agreement.
11.7. Refund of funds paid by the Buyer for the Goods, pursuant to Art. 9, Article 13 of the Law of Ukraine “On Consumer Protection” is carried out not later than 7 (Seven) banking days from the date of receipt from the Buyer specified in paragraph 11.1. of this Agreement statement.
11.8. Upon termination of this Agreement by the Buyer, refusal of the Buyer from this Agreement, exchange by the Buyer of the Goods of proper quality, exchange (replacement) by the Buyer of the Goods with significant defects, the value of the Goods is recalculated in cases provided by current legislation of Ukraine.
11.9. When the Buyer exchanges the Goods of proper quality and exchanges (replaces) the Buyer with the Goods with significant defects for another Goods, the Seller shall settle with him in accordance with the procedure provided for in Section 11 of this Agreement.
12. RESPONSIBILITY AND DISPUTE RESOLUTION PROCEDURE
12.1. The Seller shall be liable for breach of its obligations under this Agreement in accordance with the current legislation of Ukraine.
12.2. The Seller shall be released from liability for full or partial non-performance of its obligations under this Agreement, if such non-performance is the result of force majeure.
12.3. For purposes of this Agreement, force majeure means external and extraordinary events that did not exist at the time of this Agreement and occurred independently of the will of the Seller, provided that the Seller could not foresee the occurrence of such circumstances or prevent their occurrence by means of to demand and expect fairly.
12.4. Circumstances of force majeure include, but are not limited to: earthquakes, fires, floods, epidemics, epizootics, radiation or any nuclear source pollution, traffic accidents, hostilities, uprisings, riots, revolutions, strikes, terrorist acts, social conflicts, decisions of public authorities and local governments, blockades, embargoes, international sanctions, etc.
12.5. In case the Seller loses the opportunity to fulfill its obligations under this Agreement due to force majeure, the Seller undertakes to immediately notify the Buyer of the occurrence, type and possible duration of events that prevent the proper performance of obligations under this Agreement within 5 (Five) working days from the date of occurrence of such circumstances.
12.6. All disputes and disagreements that arise between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under this Agreement shall be resolved through negotiations.
12.7. In case of failure to reach an agreement on the subject matter of the dispute through negotiations, all disputes and differences between the Buyer and the Seller regarding the exercise of their rights and fulfillment of their obligations under this Agreement shall be resolved in court under current legislation of Ukraine.
13. OTHER CONDITIONS
13.1. This Agreement is a public agreement (offer) of retail purchase and sale of the Goods at a distance by means of remote communication (Internet) through the AHEAD online store.
13.2. The period of acceptance of the proposal (offer) for the conclusion of this public Agreement is set from the date of its publication on the Website of the Online Store and until December 31, 2022 inclusive.
13.3. Withdrawal or change of the terms of the offer (offer) for the conclusion of this public Agreement, as well as change of the terms of this public Agreement may be made by the Seller at any time without additional notice to the Buyer.
13.4. Withdrawal or change of the terms of the offer (offer) for concluding this public Agreement, as well as change of the terms of this public Agreement, may not be grounds for: -any revision or change of terms or termination of agreements already concluded by the Seller with Buyers on the terms of this public agreement; – the Seller’s waiver of obligations under contracts that have already been concluded with Buyers under the terms of this public contract.
13.5. The terms of the offer (offer) for the conclusion of this public Agreement, as well as the terms of this public Agreement, are the same for all Buyers.
13.6. The offer (offer) of the Seller on the conclusion of this public Agreement is considered accepted by the Buyer in full from the moment of the conclusion by the Buyer of this public Agreement in the order established by item 3.3. of this Agreement.
13.7. The conclusion of this public Agreement (acceptance by the Buyer of the Seller’s offer) is considered unconditional and full acceptance by the Buyer of all conditions of this public Agreement without exceptions, including essential conditions, as well as entering into relevant contractual relations with the Seller.
13.8. Confirmation of the fact of concluding this public Agreement is specified in clause 3.11. of this public Agreement sent by the Seller to the Buyer an automatic electronic message about the processing of the Order for the Goods.
13.9. Complete information about the Goods offered for sale in the Online Store under the terms of this public Agreement, as well as the information specified in clause 3.5. of this Agreement is contained on the Website of the Online Store.
13.10. The invalidation, nullity or invalidity of certain terms of this Public Agreement shall not have the effect of recognizing any other terms of this Public Agreement invalid, null and void or invalid.
13.11. By concluding this public Agreement, the Buyer gives his full and indefinite consent to receive from the Seller via SMS, e-mail, social networks, etc. informational messages about the news of the Online Store, as well as Promotions and Sales of Goods conducted by the Seller in the Online Store. . In this case, the Buyer has the right at any time to refuse to receive these information messages by filling out an electronic form of refusal to receive information messages from the Seller on the Online Store, or indicate your refusal to receive these information messages when filling out the form “Ordering ».
13.12. By filling out the form “CHECKOUT” and / or going through the registration procedure on the Website of the Online Store, the Buyer gives his full and indefinite consent to:
– entering by the Seller (owner and manager of the personal data base) into the personal data base “Buyer” information provided by the Buyer, including information that in accordance with current legislation of Ukraine is considered personal data;
– dissemination by the Seller of information about the Buyer, including information that according to the current legislation of Ukraine is considered personal data, to third parties, including couriers and delivery services involved by the Seller, exclusively for the purposes provided for in paragraph 13.13. of this Agreement;
– dissemination by the Seller of information about the Buyer, including information that in accordance with the current legislation of Ukraine is considered personal data, in cases expressly provided by the current legislation of Ukraine.
13.13. By filling out the form “CHECKOUT” and / or going through the registration procedure on the Website of the Online Store, the Buyer gives his full and indefinite consent to the processing and use by the Seller of information about the Buyer, including information that according to current legislation of Ukraine is personal data. for the following purposes:
– for the purpose of registration and identification of the Buyer in the Online Store;
– in order to update the password of the Buyer’s registration in the Online Store;
– for marketing purposes, namely: notification of the Buyer via SMS, e-mail, social networks, etc. about the news of the Online Store, Promotional Offers and Sales of Goods conducted by the Seller in the Online Store, analysis of the market of consumption of the Goods, determination of potential Buyers , determining the needs of potential Buyers in the Goods offered for sale, etc .;
– for the purpose of conscientious performance by the Seller of its contractual obligations to the Buyer, including obligations to deliver the Goods;
– in order for the Seller to comply with the requirements of the current legislation of Ukraine, including the legislation on consumer protection.
13.14. The Buyer’s personal data are processed in accordance with the Law of Ukraine of June 1, 2010 № 2297-VI “On Personal Data Protection”.
13.15. The legal relations arising from this public contract are subject to the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine “On Consumer Protection”, the Law of Ukraine “On Electronic Commerce”, the Rules of sale of goods to order and outside retail or office premises approved by the Order Ministry of Economy of Ukraine dated April 19, 2007 №103.
13.15. On all issues that are not reflected in this public Agreement, the Parties are guided by the current legislation of Ukraine.
Date of publication: June 1, 2020.