Contract of public offer of purchase and sale of GOODS
The contract of public offer of purchase and sale of goods is public, ie in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual – entrepreneur). In full agreement with this Agreement, the buyer accepts the terms and conditions of ordering, payment for goods, delivery of goods and the terms of this agreement.
This text is an agreement between PJSC “Vinnytsia Plant” MAYAK “(Online store
“TERMIA.COM.UA”), hereinafter referred to as “Online Store” and / or “Site”, and
any legal or natural person, user of the services of the Online Store, hereinafter referred to as the “Buyer” and determines the terms of purchase of goods through the website of the Online Store.
This agreement is in the nature of a public offer, is equivalent to an “oral agreement” and has the appropriate legal force in accordance with the current legislation of Ukraine.
1. GENERAL PROVISIONS
1.1. This agreement is a public offer agreement (according to Articles 633, 641 and Chapter 54 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 Seller, the Visitor / User becomes the Buyer.
1.3. By concluding the Agreement, the Buyer confirms that he is fully acquainted and agrees with its terms, and if the Buyer is an individual, gives permission for the Seller to process his personal data in order to fulfill the terms of this Agreement, the possibility of settlements, as well as to obtain invoices, acts and other documents.
Permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding this Agreement, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and
also that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to obtain invoices, acts and other documents.
The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer, without changing the purpose of personal data processing.
The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood.
2. TERMS AND DEFINITIONS
Site visitor – a person who enters the site without the purpose of placing the Order.
User – an individual, a visitor to the site, who accepts the terms of this Agreement and who wishes to place an Order on the Site.
Buyer – the User who placed the Order on the Site.
Seller – PJSC “Vinnytsia plant” LIGHTHOUSE “, CCI 143077702287, № witness. 200044331, USREOU code 14307771, carries out the leading management of the site located on the Internet at the address https://TERMIA.COM.UA
Online store – the Seller’s site, intended for concluding contracts of retail purchase – sale on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller on photos, by means of the Internet that excludes a possibility of direct acquaintance
Buyer with the Goods – a remote way of selling the goods. Website – https://TERMIA.COM.UA
Goods – published on the website of the online store a list of names of the range, presented in the online store, which indicates the price, name and description of the product. The product may also be accompanied by its image.
Order – the Buyer’s decision to purchase the goods by properly processing the Buyer’s request for purchase and delivery to the address specified by the Buyer, selected on the Site of the Goods.
Personal account is a personal section of the Buyer on the Seller’s Website, to which the Buyer has access, which reflects his personal information and the history of the Orders placed by him.
Categories – information about products placed in the online store.
Personal data – any information that directly or indirectly relates to a particular person, or is clearly identified.
Significant defect of the product – a defect that makes it impossible or unacceptable to use the product in accordance with its intended purpose, arose through the fault of the manufacturer (seller), after its elimination manifests itself again for reasons beyond the consumer’s control and
endowed with at least one of the following characteristics:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) he makes the goods significantly different than provided by the contract.
3. SCOPE OF THE CONTRACT
3.1. The Seller undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the Online Store, including: voluntary choice by the Buyer of goods in the Online Store; independent registration by the Buyer of the order in Online store; payment by the Buyer of the order placed in the Online Store; processing and delivery of the order to the Buyer in the property under the terms of this Agreement.
3.2. This Agreement applies to all types of goods and services presented on the Site, as long as such offers with a description are present in the catalog of the Online Store.
4. REGISTRATION ON THE SITE
4.1. Registration on the Site is carried out at https://TERMIA.COM.UA
4.2. Registration on the Site is not required for ordering.
4.3. The Seller is not responsible for the accuracy and correctness provided by the User during registration.
4.4. The User undertakes not to disclose to third parties the login and password specified by the User during registration. In case the user suspects the security of his login and password or the possibility of their unauthorized use by third parties, the User
undertakes to immediately notify the Seller by sending an e-mail to TERMIA_REKLAMA@ukr.net
4.5. Communication of the user / Buyer with the representatives of the Seller should be based on the principles of common morality and communication etiquette. The use of obscene language, swearing, insults, threats and blackmail is strictly prohibited, regardless of whether
in what form and to whom they were addressed.
5. GOODS AND PROCEDURE FOR PURCHASE OF GOODS
5.1. The Seller ensures the availability of the Goods presented on the Site in its warehouse. Photos may differ slightly from the actual appearance of the Goods, due to the color features
transfer of various devices by means of which the Site is viewed. Related products / characteristics do not claim to be exhaustive and may contain typographical errors.
5.2. In case of absence of the Goods ordered by the Buyer in the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer’s Order by notifying the Buyer by sending a corresponding e-mail to the address specified by the Buyer at
registration or otherwise.
5.3. In case of cancellation of the prepaid Order in full or in part, the value of the canceled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid for.
5.4. The Buyer is fully responsible for providing false information, which has led to the impossibility of proper performance by the Seller of its obligations to the Buyer.
5.5. After placing an Order on the Site, the Buyer is provided with information about the expected delivery date by sending an e-mail to the address specified by the Buyer during registration, or by phone. The Manager who serves this Order clarifies the details of the Order, agrees on the method and date of delivery, which depends on the availability of the ordered Goods in the Seller’s warehouse and the time required to process and deliver the Order.
5.6. The expected delivery date of the Order is notified to the Buyer by the manager servicing the Order, by e-mail or during a control call to the Buyer.
6. PRICE AND PAYMENT PROCEDURE
6.1. The price of each individual Product is determined by the Seller and indicated on the website of the Online Store. The price of the Order is determined by adding the price of all Goods included in the Order and the delivery price 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 goods.
6.4. The Order of the Goods means the formation of the Order and (or) its payment in cash or non-cash, depending on what happens earlier, subject to the Acceptance of this Agreement.
6.5. The Buyer pays for the Goods according to the Order. The buyer chooses one of the following payment methods:
– Cash payment;
– Cashless payments.
6.6. Payment for the goods for cash payment is made:
6.6.1. In the retail store of PJSC “Vinnytsia plant” LIGHTHOUSE “at the time of the Order or at the time of transfer of goods.
6.6.2 By transferring funds to the Seller’s courier or the Seller’s paying agent.
6.7. Payment for goods by cashless payment is made:
6.7.1. By transferring non-cash funds to the current account of the Seller (subject to the Order number)
6.7.8. By using electronic means of payment.
6.8. In case of partial payment for the Goods, the Goods are considered paid from the date of payment of the entire amount of money to pay for all purchased goods.
6.9. Payment for services is made in the national currency of Ukraine.
6.9. The order is considered paid from the moment of receipt of payment to the current account of the Seller or his representative. The fact of payment of the Order indicates the consent of the Buyer to the terms of this Agreement.
6.11. The price of the Goods indicated on the website of the Online Store may be changed by the Seller unilaterally. Thus the price for the Goods ordered by the Buyer is not subject to change.
6.12. Until the moment of crediting the Buyer’s funds to the current account of the Seller, the Goods will be reserved. The Seller cannot guarantee the availability of the Seller’s Goods in the amount 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 to make a refund, the Buyer must notify the Seller of the details of the bank account to which the Seller is obliged
7. PROCEDURE FOR DELIVERY OF GOODS
7.1. Delivery and return of the order is performed by the seller or the transport company (carrier) at the expense of the Buyer, unless otherwise provided by the Agreement or applicable law. The total delivery time cannot exceed 9 days.
7.2. The total delivery time of the goods consists of the order processing time and the delivery time. Order processing time – from one working day to three. Delivery methods are agreed with the manager.
Delivery time from 1 to 8 days, depending on the address of the settlement.
7.3. The cost of delivery to the Internet store is not specified, as it depends on the current tariffs of the transport company (carrier).
7.4. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).
7.5. Upon receipt of the goods, the Buyer shall verify its integrity and completeness by inspecting the contents of the package. In case of detection of defects / damages, defect – to fix them in the act which together with the buyer should be signed by the person who directly carried out delivery. Whenever possible, defects should be recorded by photo or video capture. Within 1 (one) day from the date of receipt of the Goods, the Buyer is obliged to notify the manager (representative of the Seller responsible for placing the order for the goods) of the identified defects
(Damage / incomplete equipment) and agree to replace the product.
The parties agreed that in case of non-compliance with the mandatory requirements of this
procedure, it is recognized that the Buyer receives the Goods in good condition – without
any damage and defects.
8. GUARANTEES OF QUALITY OF GOODS
BUYER’S REQUIREMENTS related to the defects of the GOODS
8.1. The seller is responsible for any defects found in the product during
8.2. Warranty periods for the Goods are determined by the Seller (manufacturer) and are calculated from the moment of transfer of the Goods to the Buyer, unless another procedure for calculating the warranty periods is established by the Seller (manufacturer).
8.3. For Goods for which the Seller (manufacturers) do not set warranty periods, the Seller sets a warranty period of 14 (fourteen) days, not counting the day of sale.
8.4. Warranty service is the free elimination of defects of the Goods caused by the fault of the manufacturer, subject to compliance with the rules of storage, transportation and operation set by the manufacturer.
8.5. To confirm the right to warranty repair and maintenance of the purchased goods, the Buyer is obliged to present a warranty card. No claims will be accepted without presenting a completed coupon.
8.6. Free warranty repair is carried out only if the Goods are found to be defective due to a factory defect, and only for the period specified in the warranty card.
8.7. Warranty obligations are canceled in the following cases:
– Any trademarks of the manufacturer are damaged.
– Serial numbers on products or their markings do not correspond to the information,
specified in the warranty card.
– The product has been repaired by unauthorized persons in violation of the manufacturer’s requirements and safety regulations.
– defects are caused by changes due to the use of the product for a purpose that does not correspond to the established scope of the product specified in the operating instructions.
– the goods are damaged or failed due to violation of the rules and conditions of installation, connection, adaptation to the local technical conditions of the Buyer, operation, storage and transportation.
– the goods are damaged as a result of natural disasters, fires, floods, earthquakes, household factors and other situations that do not depend on the Seller.
– the product has severe mechanical or electrical damage.
– Damage caused by foreign objects, substances, liquids, insects or animals getting inside the product.
– defects caused by the use of consumables that do not meet the requirements of operation.
– There were damages caused by the use of non-standard spare parts, non-compliance with the terms of maintenance and preventive maintenance.
8.8. Claims declared by Buyers after the expiration of the warranty period are considered by the Seller in the manner prescribed by law.
9. RIGHTS AND DUTIES
9.1. The seller must:
– comply with the terms of this Agreement;
– fulfill the Buyer’s order in case of payment from the latter;
– transfer the goods to the buyer in accordance with the selected sample in the online store, the order and the terms of this agreement;
– check the qualitative and quantitative characteristics of the goods during its packaging in the Seller’s warehouse.
9.2. The seller has the right to:
– unilaterally terminate the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
9.3. The buyer must:
– timely pay and receive orders under the terms of this Agreement.
9.4. The buyer has the right to:
– place an order in the online store;
– require the seller to comply with the terms of this Agreement.
10. TERM OF THIS AGREEMENT
10.1. This agreement comes into force from the date of ordering or registration in the online store “TERMIA.COM.UA” and is valid until all the terms of the agreement.
11.1. The Seller is not responsible for the Buyer’s choice of the Goods, he only guarantees the conformity of the ordered items.
11.2. The seller is not responsible for:
– change by the manufacturer of the appearance of the Goods;
– for insignificant discrepancy of color scale of the goods which can differ from the original goods only on a difference of color transfer of monitors of personal computers of separate models;
– for the content and accuracy of the information provided by the Buyer when placing an order;
– for delays and interruptions in the provision of services (order processing and delivery of goods), which occur for reasons beyond its control;
– for illegal illegal actions committed by the Buyer through this access to the Internet;
– for the transfer by the Buyer of his network identifiers – IP, MAC-address, login and password to third parties.
11.3. The Buyer, using the access to the Internet provided to him, is independently liable for damage caused by his actions (personally, even if under his login was another person) to persons or their property, legal entities, the state.
11.4. In the event of force majeure, the Parties shall be released from the terms of this agreement. Circumstances of force majeure for the purposes of this agreement are events that are extraordinary, unforeseen, excluding or objectively impeding the implementation of this agreement, the occurrence of which the Parties could not foresee and
distract in reasonable ways.
11.5. The parties shall make every effort to resolve any differences solely through negotiations.
12. CONFIDENTIALITY AND INFORMATION PROTECTION
12.1. When registering on the Site, the User provides the following information: name,
phone number, e-mail address, password to access the Site.
12.2. By providing his personal data to the Seller, the Site Visitor / User / Buyer agrees to their processing by the Seller, including for the purpose of promoting the Seller’s goods and services, as well as the transfer of personal data to third parties involved by the Buyer.
obligations to site visitors / User / Buyer under the Public Offer.
12.3. Seller uses personal data of the user / Buyer:
– To register the User on the Site;
– To fulfill its obligations to the User / Buyer;
– To evaluate and analyze the work of the Site to determine the winner in the shares held by the Seller.
12.3.1. The Seller has the right to send informational messages, including advertising messages to the e-mail and mobile phone of the User / Buyer with his consent.
The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal.
Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
12.4. The seller has the right to use “cookie” technology. Cookies do not contain confidential information and are not passed on to third parties.
12.5. The seller receives information about the IP addresses of site visitors. This information is not used to identify the visitor.
12.6. The Seller is not responsible for the information provided by the User / Buyer on the Site in a publicly available form.
13. ADDITIONAL CONDITIONS
13.1. The online store and the services provided may be temporarily, partially or completely unavailable due to preventive or other work, or for any other technical reasons.
The Technical Service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to Buyers.
13.2. The provisions of Ukrainian legislation apply to the relationship between the User / Buyer and the Seller.
13.3. The Parties shall make every effort to resolve differences solely through negotiations. In case of disagreement, the dispute will be referred to a judicial body in accordance with current legislation of Ukraine.
13.4. The Seller is considered to have fulfilled its obligation under the contract of sale, and the Buyer acquires ownership of the goods from the moment of actual delivery of the Goods is certified by a goods receipt (invoice / acceptance certificate).
13.5. In case of force majeure, documented by the relevant authorities, the parties are released from the implementation of this agreement.
13.6. The court shall not invalidate any provision of this Agreement
entails the invalidity of other provisions.
PJSC Vinnytsia Factory “MAYAK”
TIN 143077702287, № witness. 200044331, USREOU code 14307771
21029 Ukraine, Vinnytsia, Khmelnytske Shosse, 105