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Public offer agreement

GENERAL PROVISIONS

1.1. This offer is an official offer of the online store aniele.ua, hereinafter referred to as the "Seller", to conclude an Agreement for the sale of goods remotely, that is, through the Internet store, hereinafter referred to as the "Agreement", and places a Public offer (offer ) on the Seller's official website aniele.ua (hereinafter referred to as the "Website").

1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale of goods is the fact that the Buyer pays for the order on the terms of this Agreement, on time and at the prices indicated on the Seller's website.

CONCEPTS AND DEFINITIONS

2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:

  • "Product" - models, accessories, components and accompanying items;
  • "Internet store" - in accordance with the Law of Ukraine "on electronic commerce", a means for presenting or selling a product, work or service by making an electronic transaction;
  • "Seller" - a company that sells goods presented on the Internet site;
  • "Buyer" - an individual who has entered into an Agreement with the Seller on the terms set forth below;
  • "Order" - selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.

2.2. These conditions can be changed by the Seller unilaterally without notifying the User/Buyer. The new version of the Terms comes into force from the moment of its publication on the Site, unless otherwise provided.

2.2.1. The User Agreement (hereinafter referred to as the Agreement) comes into force from the moment the Seller sends an electronic confirmation of acceptance of the Order to the Buyer when the Buyer places an Order without authorization on the Site, as well as from the moment the Buyer accepts the Order by phone +38 (044) 363-63-98 .

2.2.2. The Retail Sale and Purchase Agreement for the Goods is considered concluded from the moment the Seller issues the Buyer a cash or sales receipt or other document confirming payment for the goods.

2.2.3. By informing the Seller of his e-mail and phone number, the Site Visitor/User/Buyer agrees to the use of these means of communication by the Seller, as well as third parties involved by him for the purpose of fulfilling obligations to the Site Visitors/Users/Buyers, in order to send advertising and informational nature, containing information about discounts, upcoming and current promotions and other events of the Seller, about the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations by the Buyer under this Public Offer. By placing an Order, the User/Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.

SUBJECT OF THE CONTRACT

3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

This Agreement governs 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 the 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 on 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.

ORDER PROCEDURE

4.1. The buyer has the right to place an order for any product presented on the Website of the online store and available.

4.2. Each item can be presented in the order in any quantity.

4.3. In the absence of goods in stock, the Manager of the company is obliged to notify the Buyer (by phone or via e-mail).

4.4. In the absence of a product, the Buyer has the right to replace it with a product of a similar model, to refuse this product, to cancel the order.

ORDER PAYMENT PROCEDURE

5.1. Payment is made upon sending or receiving the goods in the department of the transport company in UAH.

5.2. If funds are not received, the online store reserves the right to cancel the order.

5.3. The price of the goods is indicated in hryvnias and includes value added tax if the relevant Seller applies the general taxation system.

5.4. The amount of the order consists of the cost of the ordered goods.

5.5. The price of the Goods is indicated on the Site. In case of incorrect indication of the price of the Goods made by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled.

5.6. The price of the Goods on the Site can be changed by the Seller unilaterally. In this case, the price of the Goods ordered by the Buyer is not subject to change.

5.7. Payment for the Goods is carried out by the Buyer:

  • in cash upon receipt of the Order in the amount corresponding to the amount of the Order indicated on the Site, taking into account discounts;
  • non-cash using bank cards when placing an Order in the amount corresponding to the amount of the Order indicated on the Site, taking into account discounts.

5.8. The Seller has the right to provide discounts on Goods and establish a bonus program. Types of discounts, bonuses, the procedure and conditions for accrual are determined by the Sellers independently and are indicated on

5.9. The Seller maintains statistics of orders placed by the Buyer. The Seller has the right to unilaterally determine the payment methods available to the relevant Buyer, based on the statistics of the actions performed by the Buyer in the relationship with the Seller.

TERMS OF ORDER DELIVERY

6.1. Delivery of goods purchased in the online store is carried out to the warehouses of transport companies, where orders are issued.

6.2. Along with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.

6.3. Upon delivery, the Order is handed over to the Buyer or a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the "Recipient"). If it is impossible to receive the Order paid by cash by the above persons, the Order may be handed over to the person who can provide information about the Order (shipment number and / or full name of the Recipient), as well as pay the cost of the order in full to the person delivering the Order.

6.4. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Order is transferred to him and the Recipient of the Order affixes a signature in the documents confirming the delivery of the Order.

6.5. In order to avoid cases of fraud when handing over a prepaid Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt for the Order. The Seller guarantees the confidentiality and protection of the Recipient's personal data.

6.7. The cost of delivery of each Order is calculated by the transport company individually, based on the weight of the Goods, region and method of delivery. The Seller's obligation to transfer the goods to the Buyer is considered fulfilled at the moment the Buyer receives the shipment, as this moment is determined in accordance with the current postal rules.

6.8. When accepting the Order from the courier, the Recipient is obliged to inspect the delivered Goods and check them for compliance with the declared quality, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. If there are no claims to the delivered Goods, the Recipient shall sign the Order Delivery Form and pay for the Order. The signature in the delivery documents indicates that there are no claims to the Goods by the Recipient and the Seller has fully and properly fulfilled its obligation to transfer the Goods.

6.9. The User understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the performance of which ends at the moment the Recipient receives the Goods and makes payment for it. Claims to the quality of the purchased Goods that arose after receipt and payment for the Goods are considered in accordance with the Law of Ukraine "On Protection of Consumer Rights" and the warranty obligations of the Seller. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for the purpose of warranty service or replacement, does not give the opportunity to carry out warranty service or replacement of the Goods by visiting the Buyer and does not imply the possibility of refunding the cost of delivery of the Goods in cases,

RIGHTS AND OBLIGATIONS OF THE PARTIES:

7.1. The seller has the right:

  • unilaterally suspend the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement.

7.2. The buyer is obliged:

  • timely pay and receive the order on the terms of this contract.

7.3. The buyer has the right:

  • place an order in the online store;
  • draw up an electronic contract;
  • require the Seller to fulfill the terms of this Agreement.

RESPONSIBILITIES OF THE PARTIES

8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.

8.2. The seller is not responsible for:

  • for a slight discrepancy in the color gamut of the product, which may differ from the original product solely due to the different color reproduction of personal computer monitors of individual models;
  • for the content and truthfulness of the information provided by the Buyer when placing an order;
  • for delays and interruptions in the provision of the Services (order processing and delivery of goods) that occur for reasons beyond its control;
  • for illegal illegal actions carried out by the Buyer using this access to the Internet;
  • for the transfer by the Buyer of their network identifiers - IP, MAC address, login and password to third parties.

8.3. The buyer, using the access to the Internet provided to him, is independently responsible for the harm caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.

8.4. In the event of force majeure circumstances, the parties are released from the terms of this agreement. For the purposes of this agreement, force majeure means events of an extraordinary, unforeseen nature that exclude or objectively interfere with the execution of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

8.5. The parties shall make every effort to resolve any differences solely through negotiations.

8.6. The Seller is not responsible for the content and operation of external sites.

RETURN OF GOODS AND CASH

9.1. The Buyer has the right to refuse the received Goods and terminate the Purchase and Sale Agreement within 14 calendar days from the date of receipt of the Goods, not counting the day of purchase, with the exception of Goods that are not subject to exchange and return. The returned goods, with all seals, labels, must be sent by the Buyer. Sending goods is carried out at the expense of the Buyer. Return of good quality goods:

9.2. The return of the Goods of good quality is possible if the goods have not been used, their presentation, consumer properties, seals, labels are preserved, and the payment document issued to the Buyer along with the sold goods is saved.

9.3. If the Buyer refuses the Goods, the Seller returns the cost of the returned Goods to him within 30 days from the date of receipt of the returned Goods at the Seller's warehouse, together with the return application completed by the Buyer. The refund of the cost of the Goods is carried out exclusively to the person specified in the Order for the Goods. In the event that the Buyer indicated incorrect data in the Order, the Seller reserves the right to refuse such a Buyer a refund.

9.4. Hosiery, underwear, perfumes and cosmetics, etc. are non-returnable. (in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 M 172).

9.5. Return of the Goods of inadequate quality:

A product of inadequate quality means a product that is defective and cannot ensure the performance of its functional qualities. The received Goods must correspond to the description on the Site. The difference in design elements or design from those stated in the description on the Site is not a sign of inadequate quality of the Goods and / or the impossibility of using it for its intended purpose.

The appearance and completeness of the Goods, as well as the completeness of the entire Order must be checked by the Recipient at the time of delivery of the Goods.

After receiving the Order, claims for external defects of the goods, their quantity, completeness and presentation are not accepted.

If the Buyer was given the Goods of inadequate quality and otherwise was not agreed in advance by the Seller, the Buyer has the right to use the provisions of Art. 8 "Consumer's rights in the event of the purchase of goods of inadequate quality" of the Law of Ukraine "On Protection of Consumer Rights".

Claims for the return of the amount of money paid for the goods are subject to satisfaction within 30 days from the date of presentation of the relevant requirement (clause 4, article 12 of the Law of Ukraine "On Protection of Consumer Rights").

9.6. Refunds are made by returning the cost of the paid Goods by postal, bank transfer (through PrivatBank), as well as by transferring to a bank card (the card must be issued on the territory of Ukraine; the currency of the card is hryvnia). The method must be indicated in the appropriate field of the application for the return of the Goods.

9.7. The warranty period for the Goods is established by the manufacturer and indicated on the label or label. The seller ensures proper application, use of goods during the warranty period.

9.8. The Seller is not responsible for the defects of the Goods if they arose after its transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the goods, the actions of third parties, or force majeure.

9.10. When the Buyer returns the goods of good quality, the online store returns to him the amount of money paid for the goods upon the return of the goods, minus compensation for the costs of the online store associated with the delivery of the goods to the Buyer

OTHER CONDITIONS

10.1. The online store reserves the right to unilaterally amend this agreement, subject to its prior publication on the website aniele.ua

10.2. The online store was created to organize a remote method of selling goods via the Internet.

10.3. The buyer is responsible for the accuracy of the information specified when placing an order. At the same time, when making an acceptance (placement of an order and subsequent payment for the goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine "On the Protection of Personal Data".

10.4. Payment by the Buyer of the order placed in the online store means the full consent of the Buyer with the terms of the contract of sale (public offer)

10.5. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"

10.6. Using the resource of the online store to preview the goods, as well as to place an order for the Buyer is free.

10.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering goods, making mutual settlements, etc.

PRIVACY AND INFORMATION PROTECTION

Personal data of the User/Buyer is processed in accordance with the Law of Ukraine dated June 01, 2010 No. 2297-VI "On the Protection of Personal Data".

Personal data is collected solely for the purpose of complying with the requirements in force in the field of regulation of tax relations, relations in the field of accounting and relations in the field of advertising. The period of storage and processing of personal data is 5 years.

When registering on the Site, the User provides the following information: Last name, First name, e-mail address, contact phone number and password to access the Site.

By providing his personal data when registering on the Site, the User agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller.

The Seller uses the 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 operation of the Site;
  • to determine the winner in promotions held by the Seller.

The Seller has the right to send information, 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 the 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.

The Seller has the right to use "Cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.

The seller receives information about the ip-address of the visitor to the Site aniele.ua . This information is not used to identify the visitor.

The Seller is not responsible for the information provided by the User/Buyer on the Site in a public form.

CONTRACT TIME

11.1. An electronic agreement is considered concluded from the moment the person who sent the offer to conclude such an agreement receives a response on the acceptance of this offer in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".

11.2. Before the expiration date, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods, by returning the funds.

11.3. The Parties have the right to terminate this Agreement unilaterally, if one of the Parties fails to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.