PUBLIC AGREEMENT (OFFER) for order, sale and purchase and delivery of goods
1. GENERAL PROVISIONS
1.1. This Agreement is a public agreement - an offer (offer) of UKRSTARLINE LLC, represented by the director Kuchyn Anton Borysovych, acting on the basis of the Charter, hereinafter referred to as the "Seller", and a user of the online store services, regardless of status (individual, legal entity, an individual-entrepreneur, hereinafter the "Buyer".
1.2. This Agreement determines the conditions for the purchase of products, hereinafter referred to as the "Product", by the Buyer through the Seller's online store.
1.3. The offer is an official document of UKRSTARLINE LLC and has the necessary legal force and is published on the Seller's website (online store) ukrstarline.ua .
& gt;1.4. The contract is public in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine and has proper legal force.
1.5. At the vidpovidnost zі st. 642 of the Civil Code of Ukraine to the unaware of the minds of the agreement-offer, that the agreement is approved on the basis of the approved minds, the fact that the Buyer has paid for the costs of the Internet-shop
1.6. In this offer, if the context is not visible, the following values are indicated below the term:
"Internet-shop" - the website of the Seller, for arranging the Contracts for distribution and wholesale purchase and sale, when the Buyer is notified of the Seller's goods pro-proponated on photographs by a remote method.
"Seller" is an organization, independent from the organization of legal and legal form, and / or a physical person who is responsible for the sale of goods.
"Goods" - products, promoted before sale and posted on the site ukrstarline.ua .
"Buyer" is a physical / abso legal person who is interested in being replaced on the site ukrstarline.ua .
"Oderzhuvach" is a physical / or a legal person, designated by the Buyer, who is guilty of registering the Goods.
"Acceptance" - outside and without caution, the Buyer accepts the minds of the Agreement.
"Zamovlennya" - okremі positsії from the assortment of goods, designated by the Buyer when making an application for the site.
2. SUBJECT OF THE CONTRACT
2.1. The Seller of the crops will undertake to transfer the Goods to the authority of the Buyer, and the Buyer of the crops will undertake to pay and accept the Goods on the mind of the Agreement.
2.2. By the date of placing the Offer Agreement (acceptance of the offer) and the moment the Buyer will again accept the Agreement, the Buyer will accept the date of the Buyer's submission of the form, which is posted on the website of the Internet-store, for the reason that the Buyer has received the request from the Seller.
2.3. The agreement concluded by the Buyer with the help of the acceptance of this public offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to the agreement signed by the Parties.
2.4. The Seller sells and delivers the Goods according to the current price list published on the website ukrstarline.ua , and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement. & Lt ; / p & gt;
2.5. Acceptance of a valid public offer means the Buyer's full agreement with the terms of this Sales Agreement (public offer of the online store).
2.6. The agreement is concluded through information and telecommunication systems and is considered to be concluded in writing.
2.7. This Agreement is an agreement of accession in accordance with Art. 634. Civil Code of Ukraine.
2.8. The use of the resource of the Internet store for viewing the goods, as well as for placing an order is free for the Buyer.
3. ORDER PROCEDURE
3.1. Forming an order.
3.1.1. Orders are accepted through the website ukrstarline.ua during the Seller's working hours.
3.1.2. All types of delivery are indicated in the "Delivery" section on the Seller's website.
3.1.3. If the order has been fully completed and paid for by the Buyer, then the goods will be shipped as soon as possible.
3.1.4. If the order was placed after 17:30, the order will be processed the next business day.
3.1.5. When placing an order, the Buyer must specify the data of the recipient as accurately as possible. Incorrect information provided by the buyer may prevent the order from being completed at the specified time. In this case, delivery is postponed until the correct data of the Recipient is clarified.
3.1.6 When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to complete the order:
3.1.6.1 surname, name, patronymic of the Buyer;
3.1.6.2 address where the Goods should be delivered (if delivery to the Buyer's address);
3.1.6.3 contact phone number.
3.1.6.4 Identification code for a legal entity, an individual entrepreneur, an individual.
3.1.7 The name, quantity, article, price of the Goods chosen by the Buyer are indicated in the Buyer's basket on the website of the online store.
3.1.8 If any of the Parties to the agreement needs additional information, he has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality services to the Buyer when purchasing goods in the online store.
3.1.9 Acceptance by the Buyer of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the website of the online store or when placing an Order through an operator. After placing the Order through the Operator, the data about the Buyer is entered into the Seller's database.
3.1.10 The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.1.11 By concluding the Agreement, that is, accepting the terms of this offer (the proposed conditions for the purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and fully familiar with, and agrees with the terms of this offer (offer);
b) it gives permission to collect, process and transfer personal data, permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, the conclusion of the contract, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of collecting data, as well as that his personal data is transferred to the Seller in order to be able to fulfill the conditions of this Agreement, the possibility of making mutual settlements, as well as receiving 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 notifications to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
3.1.12. If the Order is not made for the purpose of satisfying personal needs not directly related to entrepreneurial activity or the performance of the duties of an employee, the law "On Protection of Consumer Rights" will not apply to the Buyer.
3.2. Order payment procedure.
3.2.1. Payment for the order means the Buyer's consent to conclude this Agreement with the Seller.
3.2.2. The Buyer pays the cost of the order under the Agreement by transferring funds to the Seller's account. The date of payment is considered to be the day when the funds are credited to the Seller's account.
3.2.3. The buyer has the right to confirm or cancel the order until it is paid.
3.2.4. Orders are accepted for execution only after receipt of funds to the Seller's account.
3.2.5. Services of payment systems, terminals, the Buyer pays additionally.
3.2.6 Settlements under this Agreement are made in the national currency of Ukraine (hryvnia).
3.2.7 Payment for the entire cost of the Goods indicated in the invoice is made by the Buyer by 100% prepayment or by agreement of the Parties.
3.3. Delivery terms.
3.3.1. When placing an order, the Buyer must clearly indicate the requirements for its delivery.
3.3.2 The Seller releases / delivers the Goods to the Buyer within 3 (three) working days from the date the Buyer transfers funds or by agreement of the Parties.
3.3.3 On weekends, holidays and after office hours, the item will not be shipped.
3.3.4. The place of delivery of the goods by the Seller under this Agreement is the composition of the Carrier.
3.3.5 The goods are considered delivered by the Seller and accepted by the Buyer in terms of quality and quantity in accordance with the "Instructions on the procedure for receiving PTN products and consumer goods in terms of quantity and quality P-6, P-7" respectively.
3.3.6 Delivery tolerance is + -10%.
4. Rights and obligations of the Parties
4.1. The seller is obliged to:
4.1.1. Transfer the goods to the Buyer in accordance with this Agreement and the Buyer's order.
4.1.2. Do not disclose any private information about the Buyer and do not provide access to this information to third parties, except as otherwise provided by law and when executing the Buyer's Order.
4.1.3. Transfer the following documents to the Buyer for the Goods being sold:
- original invoice;
- consignment note for the Goods;
- quality certificate.
4.2. The seller has the right:
4.3 The Buyer undertakes:
4.3.1. By the time of the conclusion of the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store.
4.3.2. In fulfillment by the Seller of his obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and sufficient for the delivery of the ordered Goods to the Buyer.
4.3.3. Do not refuse the Product if it complies with the application and GOST, TU, DIN.
5. CREATING AN ORDER. REPLACING MISSING COMPONENTS
5.1. The Seller creates orders in accordance with the requirements of the Buyer.
5.2. If the Seller does not have a certain Product for placing an order for any reason, the Seller, in agreement with the Buyer, may make a replacement.
5.3. If the appearance of the goods differs from the image on the Seller's website, this cannot be a defect or a reason for a refund or replacement of the order.
5.4. All information materials presented on the site ukrstarline.ua are for reference purposes and cannot fully convey reliable information about certain properties and characteristics of the goods. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing an order, he must consult the administrator of the online store by phone or send a request to the site using the usual ordering procedure.
6. REPLACEMENT OF GOODS. RETURN OF GOODS. MONEY RETURN.
6.1 In case of delivery of goods of inadequate quality or completeness, the Seller is obliged to replace the goods or return the funds within 3 working days.
6.2. The buyer has the right to issue a letter with a complaint using the feedback form on the website or by email: sales@ukrstarline.ua , indicating the reason and providing corresponding description and photo in confirmation.
6.3. In case of replacement or return of goods, the Buyer or the Recipient must return the previous product in the same condition in which it was delivered to him.
6.4. The Seller may refuse to replace or compensate if the product complies with GOST, TU, DIN and the Buyer's request.
6.5. In other cases, the Seller considers the complaint within 3 working days from the date of its receipt and the Seller informs the results of the consideration of the complaint electronically.
7. INTELLECTUAL PROPERTY. COPYRIGHT.
7.1. The seller has the right to use the UKRSTARLINE Trademark on the basis of agreement No. 1 dated 02.26.2020. An individual Kuchin Anton Borisovich is the sole owner of the UKRSTARLINE Trademark in accordance with the Certificate of Ukraine for marks for goods and services No. 260899 dated June 25, 2019.
7.2. Clause 2.4 of Article 16 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services" establishes that a certificate gives its owner the right to use the mark and other rights defined by this Law.
7.3. According to Art. 20 of the Law "On the Protection of Rights to Marks for Goods and Services" any encroachment on the rights of the owner of the certificate under Art. 16 of this Law, including the commission without the consent of the owner of the certificate of actions requiring his consent, and preparation for the commission of such actions, is considered a violation of the rights of the owner of the certificate, which entails liability in accordance with the current legislation of Ukraine.
7.4. A violation of the rights of the owner of the certificate is considered to be the use without his consent in domain names of the signs and designations specified in clause 5 of Art. 16 of this Law.
7.5. For the legal use of TM - applying it to any product for which the mark is registered, hereinafter referred to as the "Product", packaging containing such a Product, sign, label, patch, tag or other item attached to the product, storage of such product with applied by the indicated sign for sale, offering it for sale, sale, import (import) and export (export); its use in business documents or in advertising and the Internet, including in domain names, requires separate permission.
7.6. If business entities have expressed a desire to use TM in their activities, they can apply for permission to use it by email at sales@ukrstarline.ua .
7.7. The seller is the owner of exclusive property copyright for a number of photographic works, graphic images on the site and is their sole author. The seller uses photographic works by publishing on ukrstarline.ua to illustrate goods and services.
7.9. If other authors found the placement of their photo-works on the site ukrstarline.ua all claims are accepted at sales@ukrstarline.ua .
8. CONTRACT TIME. PROCEDURE FOR MAKING CHANGES
8.1. Acceptance of the Offer by the Buyer is confirmation of the conclusion of the Agreement under the terms of the Offer.
8.2. The Agreement comes into force from the moment the Buyer pays for the order and is valid until the Seller fulfills its obligations under this Agreement.
8.3. The Seller has the right to amend the text of this Agreement at its discretion at any time and without prior notice to the Buyer. The current (current) version of the Agreement is always available on the website.
8.4. The Buyer agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes into the already concluded Agreement between the Buyer and the Seller; changes in the Agreement come into force with such changes in the Offer.
9. PRIVACY
9.1. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor-quality performance or failure to fulfill its obligations due to the outdatedness of the information about the Buyer or its inconsistency.
10. RESPONSIBILITY
10.1. The Recipient or the one who accepted the goods at the time of the Recipient's absence bears all risks associated with the loss or damage of the goods from the moment of their acceptance.
10.2. The seller has the right to transfer his rights and obligations to fulfill orders to third parties without being relieved of responsibility.
10.3. The seller is not responsible for the improper use or storage of goods. Buyers who were ordered on the website ukrstarline.ua.
10.4. The responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
10.5. The parties agree that any disputable situations, the solution of which could not be reached through negotiations, shall be resolved in accordance with the current Ukrainian legislation.
11. INDIRECT FORCE CIRCUMSTANCES
11.1. The Parties are exempt from liability for full or partial failure to fulfill their obligations under the Agreement if such failure is a consequence of force majeure circumstances that arose after the conclusion of the Agreement, and which the Parties could neither foresee nor prevent reasonable measures. Such circumstances of an extraordinary nature include floods, fires, earthquakes and other natural disasters, as well as war, hostilities and other circumstances beyond the control of the Parties.
11.2. The Party that cannot fulfill its obligations under this Agreement due to force majeure circumstances must notify the other Party in writing within 10 (ten) working days from the moment of their occurrence. Untimely notification deprives the Party of the right to refer to any of the above circumstance as a basis excluding liability for failure to fulfill the obligation.
11.3. If the validity period of force majeure circumstances is extended for more than 10 days, each of the Parties in the prescribed manner has the right to terminate this Agreement.
ADDRESS AND DETAILS OF THE SELLER:
UKRSTARLINE LLC
53201, Dnipropetrovsk region, Nikopol,
ave. Trubnikov, 91, office 220
IBAN UA093052990000026006050512879
in the bank of JSC CB "PRIVATBANK",
USREOU code 43158642
TIN 431586404074
t-0567847576
Constituent documents
