Terms and conditions
The contract - offers on goods purchase on the Internet - shop
The present Contract is the public contract - the offer (proposal) of the private entrepreneur Banashko Irina Yurevna (further in the text - "Seller") with the individual (further - "Buyer") that includes all essential conditions of the organization of purchase - sales by remote (that is on the Internet - shop).
Conditions of this Contract regulate relationship of the Seller and the Buyer and No. 1023-X ІІ from May 12, 1991, Rules of retail trade are defined by the Law of Ukraine "About protection of the rights of consumers" the nonfoods approved by the order of the Ministry of Economics of Ukraine No. 104 from April 19, 2007.
1. Terms and definitions.
1.1. "Goods" - models, accessories, accessories and accompanying subjects which are offered to sale in the Internt - Shop, or already acquired by the Buyer in the Seller distantly.
1.2. "The Internet - shop" - withайт the Seller, created for the conclusion of contracts of retail and wholesale purchase - sales on the basis of acquaintance of the Buyer with the offered Seller the Goods description on pictures, by means of the Internet which excludes possibility of direct acquaintance of the Buyer with the Goods - remote means of sale of the goods.
1.3. "An essential lack of the Goods" - a shortcoming which does impossible or inadmissible goods use according to it designated purpose, arose because of the producer (Seller), after it elimination it is shown again from the reasons independent of the consumer and thus allocated at least by one of below-mentioned signs:
a) it cannot be displaced at all;
b) its elimination needs in over fourteen calendar days;
c) it does the goods essentially to another, than is provided by the contract.
2. Subject of the agreement.
2.1. The seller undertakes to transfer to the possession of the Buyer the Goods, and the Buyer undertakes to pay and accept the Goods on the terms of the present Contract. The contract text - offers (further - the Contract) placed to the address: http://mіcroluch.shop/agreement
2.2. Date of the conclusion of the Contract - Offers (the acceptance the offer) and the moment full and unconditional acceptance by the Buyer of contract provisions believes the fact of payment by the Buyer of the order (receipt into the account of the Seller of means for the Goods).
3. Order of registration of the order.
3.1. The buyer independently makes out the order on the Internet - shop through the baskets form, or having made the order by e-mail, or behind the phone number, specified in the section of contacts the Internet - shop.
3.2. Term of formation of the order till 2 working days from the moment of submission of the demand. In a case, if the order is sent in initial or the holiday, term of formation begins from the first after the initial working day.
3.3. The buyer receives the invoice for payment with requisites of the Seller by e-mail or on a fax.
4. Procedure for payment of the order.
4.1. The order is paid in the national currency of Ukraine:
- through bank transfer of money to the current account of the Seller, which is indicated in the invoice, incl. with the help of Internet Banking (the Buyer pays the order within three days from the date of receipt of the invoice in the amount of 100% of the advance payment). If the Buyer has not arrived to receive the Goods in accordance with the order at the representative office of the delivery service for disrespectful reasons (the validity of which can not be verified documentarily), 10% of the prepaid payment to the Buyer is not refunded;
- through special payment instruments (cards) Visa and MasterCard for which the Buyer is the holder. Accepting cards issued in any currency, the exchange of the required amount into the national currency of Ukraine is carried out by international payment cards Visa / MasterCard and the bank issuing special payment means of cards (cards).
5. Term, cost and order delivery terms.
5.1. Delivery and returns of the order is carried out by services of the transport or post company at the expense of the Buyer, if another not provided by the Contract or the current legislation. Delivery period within Ukraine cannot exceed 7 days. Term goods deliveries the abroad depends on the country of a site of the buyer and terms established for usual departures of the post company.
5.2. Delivery cost on the Internet - shop it is not specified, as depends on operating tariffs of a carrier or the post company.
6. Rights and obligations of the parties.
6.1. The seller is obliged:
- to satisfy a condition of this Contract;
- to carry out the order of the Buyer in case of receipt of payment from the Buyer;
- to transfer to the Buyer the Goods according to the chosen sample in the Internet - shop, issued by the order and conditions of this Contract;
- to check qualitative and quantitative characteristics of the Goods during its pakovka on structure.
6.2. The seller has the right:
- unilaterally to suspend service under this Contract in case of violation by the Buyer of conditions of the present Contract.
6.3. The buyer is obliged:
- to carry out 100 % an advance payment and to receive the order on the terms of the present Contract;
- to familiarize with information on the Goods which is placed on a site of the Seller;
- when receiving the goods in a carrier to convince in it integrity and completeness by the review of contents of packing. In case of identification of damages and an incomplete complete set - for one day to contact the representative of the seller and to report about the revealed shortcomings of the goods.
6.4. The buyer has the right:
- to issue the order on the Internet - shop;
- to demand from the Seller of performance of conditions of the present Contract.
7. Order of reception and replacement of the goods of inadequate or appropriate quality
7.1. When receiving the Goods on carrier storehouse or from the courier the Buyer is obliged to check external integrity of packing then open it and directly to be convinced of an appropriate external condition of the Goods (absence of mechanical damages) and completeness of its completeness.
7.2. In case of existence at least one of the listed shortcomings, for 1 (one) day the Buyer is obliged to report the manager (the representative of the Seller responsible for registrations of the order for the Goods) about the revealed shortcomings and to agree about replacement of the Goods or completeness addition.
7.3. The parties coordinated that in case of non-compliance with obligatory requirements of the specified procedure, admits receiving by the Buyer of the Goods in proper condition - without any mechanical damages and to full completeness.
7.4. In case of receiving the Goods in proper condition, but at identification throughout the established warranty period of shortcomings connected of it work on fault of the producer, the Buyer has the right to gratuitous elimination of shortcomings of the goods in clever term. For establishment of the reason of emergence of a shortcoming of goods work the Buyer undertakes to contact throughout one working day technical support of the producer for receiving consultation concerning emergence of the reason of emergence of a shortcoming and possibility of elimination of such shortcoming strengths of the Buyer.
7.5. At presentation of requirements about gratuitous elimination of shortcomings, such works should be executed for 21 (twenty one) day from the date of presentation Goods. Date of presentation of the Goods date of its receipt believes in the Seller. In that case delivery of the Goods to the Seller and their return to the Buyer are carried out at the expense of the Buyer.
7.6. In case of identification throughout the established warranty period of essential shortcomings which arose because of the producer of the goods (Seller), the Buyer, in an order and in terms established by the legislation and on the basis of obligatory for the parties of conditions the Contractand - The offer, has the right to demand at the choice from the Seller:
7.6.1. rupture of the contract and return the paid than Goods of a sum of money;
7.6.2. replacements of the goods by the same Goods or on similar, from number the available in the Seller.
If from other reasons the Goods cannot be the Buyer used for the designated purpose, the exchange of the Goods of appropriate quality is conducted, if it was not used and if is kept its trade dress, consumer properties, seals, labels. In that case services of a carrier are paid by the Buyer.
7.7. In that case, at confirmation by the Seller of essential shortcomings of the Goods and at will of the Buyer, the paid money are subject to return to the last on the requisites specified by it for 30 (thirty) calendar days from the date of return Goods.
7.8. In cases of replacement of the poor-quality Goods fee of a carrier is carried out at the expense of the Seller.
7.9. In any case returns of the Goods should occur in not disassembled condition.
7.10. If the Buyer is outside of Ukraine that term on Goods replacement, elimination of shortcomings or other procedures defined by the Contract can be increased at the initiative of the Seller (Producer) considering term of transfer of the Goods the post company and complexity of elimination of the revealed shortcoming.
8. Responsibility of the parties.
8.1. The parties are responsible for defaults or inadequate performance of conditions of the present Contract in an order provided by this Contract and the current legislation of Ukraine.
8.2. In case of force majeure circumstances, the parties are released from performance of conditions of the present Contract. Force majeure circumstances for the present Contract are understood as events which have extreme, inevitable unforeseen character which exclude or objectively interfere with implementation of this Contract which approach of the Party could not provide and prevent clever measures.
8.3. The party which refers to action of force majeure circumstances due throughout a heel of calendar days in writing by means of e-mail to report other party about approach of such circumstances.
8.4. If through action of force majeure circumstances of breach of obligations of this Contract more than five months last, each of the Parties has the right to terminate this Contract unilaterally, having in writing reported about it other party.
8.5. The parties make the maximum efforts for decisions be - which divergences exclusively by negotiations.
9. Other conditions.
9.1. The Internet - shop reserves the right to itself unilaterally to make changes to the present Contract with the previous publication it on a site http://mіcroluch.shop/
9.2. The Internet - shop is educated for the organization of a remote image of sale of the goods on the Internet.
9.3. The Internet - shop does not bear maintenance responsibility and truthfulness of information which is provided by the Buyer at order registration.
9.4. The buyer bears responsibility for reliability specified at registration of the order of information.
9.5. Payment by the Buyer issued on the Internet - shop the order means a full consent of the Buyer with purchase contract provisions - sales (public the offer the Internet - shop) and is date of the conclusion of the Contract of purchase - sales between the Seller and the Buyer.
9.6. Resource use the Internet - shop for goods viewing, and also for registration of the order is for the Buyer the gratuitous.
9.7. Information which is provided Buyer is the confidential. The Internet - shop uses information on the Buyer only with a view of functioning the Internet - shop (message departure to the Buyer about implementation of the order, a parcel of advertizing messages etc.).
9.8. Own acceptance of the Contract or registration on a site http://mіcroluch.shop/(filling of the registration questionnaire) the Buyer voluntary provides a consent to collecting and processing of own personal information in the registered base of the Seller with following purpose: data that become known to the Seller will be used for commercial purposes, including for processing of orders for acquisition of the goods, obtaining information on the order, a parcel by telecommunication means of communication (on to e-mail, mobile communication) advertizing and special offers the Buyer voluntary provides a consent to collecting and processing of own personal information in the registered base of the Seller with the following purpose: data that become known to the Seller will be used for commercial purposes, including for processing of orders for acquisition of the goods, obtaining information on the order, a parcel by telecommunication means of communication (by e-mail, mobile communication) advertizing and special offers, information on actions, draws or any other information on shop activity.
For the purposes provided by this point, the Seller has the right to send letters, the message and materials on the postal address, e- maіl The buyer and also to send sms- the message to carry out calls on telephone number specified in the questionnaire.
9.9. The buyer grants to the Seller the right to carry out processing of its personal information, including: to place personal tributes in databases of the Seller (without the additional report of the Buyer on it) to carry out lifelong data storage, their accumulation, updating, change (moderately need). The seller assumes obligations to provide protection of data against unauthorized access of the third parties, not to extend and not to transfer data to any third party (except data transmission to the connected persons, commercial partners, the persons authorized by the Seller on implementation of direct data processing for the specified purposes, and also to obligatory inquiry of competent state authority).
9.10. In case of unwillingness to receive mailing, the Buyer has the right to address to the Seller, having written the declaration of abandonment of obtaining advertizing materials, having sent it on a postal or e-mail address.
10. Period of validity of the Contract and order of its gap
10.1. This Contract gains force from the moment of implementation by the Buyer of the acceptance (receipt of payment into the account of the Seller) and the operates before full implementations of all parties, except for cases of its early gap.
10.2. To the termination of validity period the present Contract can be broken off by the mutual consent of the parties which has been issued in writing.
10.3. The parties have the right to terminate this Contract unilaterally, in case of not performance of one of the Parties of conditions of this Contract and in the cases provided by the present Contract and the current legislation of Ukraine.