Contract-offer to purchase goods through the online store
This Agreement is a public offer (offer) agreement with an individual (hereinafter referred to as the “Buyer”), including all the essential conditions for organizing the sale and purchase remotely (ie via the online store).
The terms of this Agreement govern the relationship between the Seller and the Buyer and are subject to regulation, including the Law of Ukraine “On Protection of Consumer Rights” No 1023-XII of May 12, 1991, Civil Code of Ukraine No435-IV1, view January 16, 2003 of the Law of Ukraine “On e-commerce »No675-VIII dated 09/03/2015.
When concluding the Agreement in accordance with this Offer, the Parties shall also be guided by the information referred to in the clauses of the Agreement, which is an integral part of the Agreement.
The proposal is an official document and has the necessary due legal force and is published on the website of the seller fama.ua.
1. Terms and definitions.
1.1. "Online store" - a means for the presentation or sale of goods, by making an electronic transaction - the Site located at fama.ua (hereinafter referred to as the Site) was created for entering into purchase and sale agreements based on the Buyer's familiarization with the proposed Seller, the description of the Goods in photographs and its characteristics, using the Internet, which includes the possibility of direct acquaintance of the Buyer with the Goods - a remote means of selling goods.
1.2. "Product" - items offered for sale in the Online Store, or already purchased by the Buyer from the Seller remotely.
1.3. Order is the result of reaching an agreement between the Buyer and the Seller regarding the models, the quantity of the Goods, the total value payable under the Contract, the method of payment for the order by the Buyer, the method of delivery of the goods and the term for executing the Contract.
1.4. Application - written (electronic) or oral (by telephone) expression of the Buyer's intention to purchase goods. Can be framed:
- by using the special menu "basket" on the Site;
- by sending an e-mail indicated on the Website;
- by sending an e-mail on the Site through the built-in chat;
- by communication in the online chat on the Site;
- by telephone when communicating with the Seller’s representative, by calling the telephone number listed on the Site.
1.6. Buyer - a legal entity, an individual entrepreneur, an individual, a citizen of Ukraine, who has the necessary capacity to enter into this Agreement.
2. The subject of the contract.
2.1. The Seller undertakes to transfer the goods to the Buyer’s property, and the Buyer undertakes to pay and accept the goods under the terms of this Agreement.
The text of the offer contract (hereinafter the Contract) is located at: fama.ua/page/oferta.html.
.2.2. The fact of placing an Order is a fact of unconditional acceptance of this Offer and agreement with all the terms of this Agreement.
2.3. The date of conclusion of the Agreement is the date of payment by the Buyer of the Order.
3. Ordering procedure.
3.1. The Buyer independently on the Site or by contacting the seller’s representative places an Order in the Online Store, choosing the method available on the Site, namely:
- by using the special menu "basket" on the Site;
- by sending an e-mail indicated on the Website;
- by sending an e-mail on the Site through the built-in chat;
- by communication in the online chat on the Site;
- by telephone when communicating with the Seller’s representative, by calling the telephone number listed on the Site.
3.2. After receiving the Order, the manager has the right to contact the Buyer at the telephone number indicated by him or write an e-mail to confirm and clarify the details of the Order.
3.3. After confirmation of the Order, it is formed by preparing the Goods for transfer (direction) to the Buyer.
3.3. The amount of money payable on the order is reflected in the “basket” menu on the Site or reported to the Buyer by SMS, by e-mail to the e-mail address or by telephone, depending on the method of placing the Order chosen by the Buyer.
3.4. Upon receipt of the Order by the Seller, depending on the choice of delivery method and payment, all necessary information is provided (see Delivery and Payment Terms).
3.5. In case of absence of goods ordered by the Buyer from the Seller, the Seller has the right to exclude such Goods from the Order or cancel the order by calling or sending the Buyer an electronic message to the email address specified during registration or informing the Buyer about it by telephone.
4. Order payment.
4.1. The buyer can pay for the order in the following ways (also available for review in the appropriate section "Shipping and Payment" on the Site):
1) In cash upon receipt of goods by courier delivery.
2) Upon receipt at New Mail (cash on delivery).
3) With a Visa or MasterCard card of any bank in Ukraine using LiqPay.
4) Through the terminals, indicating the details provided by the manager.
5) other methods indicated on the Site.
4.2. In the case of an order for delivery outside of Ukraine, payment for delivery is made at checkout.
5. Term, cost and terms of delivery of the Goods (Order)
5.1. Delivery and return of the Order is carried out by the seller or the transport company at the expense of the Buyer, is regulated on the website in the section "Payment and Delivery", additionally agreed upon when placing the Order.
5.3. The cost of delivery to the online store is indicated on the website in the section “Payment and Delivery” and depends on the current carrier tariffs.
6. Obligations of the Seller.
The seller must:
6.1. Comply with the terms of this Agreement.
6.2. To execute the Buyer's Order in the event of the acceptance of such an Order and the availability of the relevant Goods and payment from the Buyer in the manner specified in this Agreement.
6.3. Transfer the goods to the buyer according to the Order, subject to the Buyer's compliance with the terms of this Agreement.
6.4. Check the qualitative and quantitative characteristics of the goods during its packaging.
6.5. Provide the Buyer with a sales receipt.
7. Buyer's Responsibilities:
7.1. By ordering the Buyer undertakes:
7.1.1. Read the information about the product posted on the Site.
7.1.2. Read and accept the terms of this Agreement or refuse to place an Order if the terms of the agreement are not acceptable.
7.2. After placing the Order, the Buyer undertakes:
7.2.1. Pay the cost (price) of the Goods in the order and terms specified in the Order.
7.2.2. Accept the item selected in the order.
7.2.3. Upon receipt of the goods to ensure its completeness by inspecting the contents of the package. In case of detection of a shortage of Goods or its damage, fix them in the act, which, together with the Buyer, must be signed by the person who delivers directly.
8. The procedure for receiving and replacing the goods
8.1. 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 deficiencies / damages, deficiencies - fix them in the act, which together with the Buyer must sign the person who directly performs the delivery.
If possible, deficiencies should be fixed by means of photo or video. Within 1 (one) day from the date of receipt of the Goods, the Buyer is obliged to inform the manager (Seller’s representative responsible for placing the order for the goods) about the identified deficiencies (damage / incomplete equipment) and agree on the replacement of the goods.
8.2. 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 proper condition - without any damages or shortcomings.
9. Responsibilities of the parties.
9.1. The Parties are responsible for the failure or improper performance of the terms of this Agreement in the manner provided for in this Agreement and the current legislation of Ukraine.
9.2. The seller is not responsible for the appearance of the goods slightly changed by the Manufacturer (accessories, shade of materials, print on fabric).
9.3. In the event of force majeure, the parties are exempt from the conditions of this Agreement. Under the circumstances of force majeure for the purposes of this Treaty shall be understood events having an extraordinary, unavoidable, unpredictable nature, which exclude or objectively impede the execution of this Treaty, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures.
9.4. The party referring to the action of force majeure must, within five calendar days, notify the other party in writing by e-mail of the occurrence of such circumstances.
9.5. The party that refers to the circumstances of force majeure must provide the relevant certificate from the Ukrainian Chamber of Commerce and Industry.
9.6. The parties make maximum efforts to resolve any differences only through negotiations.
10. Other conditions.
10.1. The online store reserves the right to unilaterally make changes to this Agreement with its preliminary publication on the website fama.ua.
10.2. The online store was created to organize a remote method of selling goods over the Internet.
10.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
10.4. The buyer is personally responsible for the accuracy of the information specified during the ordering process.
10.5. Full and unconditional acceptance of this public offer in accordance with article 642 of the Civil Code of Ukraine is the fact of payment of the amount of money by the Buyer of the Order executed in the online store.
10.6. The contract concluded by the Buyer by acceptance of this public offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to the contract signed by the parties. Acceptance of this public offer means the complete agreement of the Buyer with the terms of this Sale and Purchase Agreement (public offer of the online store).
10.7. The contract is concluded with the help of information and telecommunication systems and is considered to be concluded in writing.
10.8. Using the resource of the online store to view the product, as well as to place an order is free of charge for the Buyer.
10.9. Information provided by the Buyer is confidential. The online store uses the information about the Buyer solely for the purpose of functioning of the online store (sending a message to the Buyer on the fulfillment of the Order, sending advertising messages, etc.).
10.10. By own acceptance of the Agreement or the execution of the Order, the Buyer voluntarily consents to the collection and processing of his own personal data in connection with the following purpose: data that becomes known to the seller will be used for commercial purposes, including processing Orders for purchasing goods, obtaining information about the order, transmission by telecommunication means (by e-mail, mobile communication) of advertising and special offers, information about promotions, sweepstakes or any other information AI on the activities of the online store. For the purposes stipulated by this paragraph, the Seller has the right to send letters, messages and materials to the postal address, e-mail address of the Buyer, as well as send sms-messages, make calls to the number indicated in the questionnaire.
10.11. The Buyer gives the seller the right to process his personal data, including: use personal data from the Buyer's database (without further notifying the Buyer about it), carry out lifelong storage of data, their accumulation, update, change (as necessary). The Buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for transferring data to related parties, commercial partners, persons authorized by the Seller to directly process data for specified purposes, as well as to a mandatory request of a competent government body).
10.12. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement refusing to receive promotional materials, sending it to a postal or email address.
10.13. The buyer confirms that he has been notified of the procedure and conditions for the processing of his personal data.
10.14. Products may differ from their images in the online store and may not meet the expectations of the Buyer, if they differ from the information provided on the Site.
10.15. This Agreement is an accession agreement in accordance with Art. 634. Civil Code of Ukraine.
10.16. Claims can be sent to the Seller’s address.
11. Term of the Agreement and the procedure for its termination
11.1. This Agreement shall enter into force from the moment the Buyer accepts the payment (receipt of payment to the Seller’s account) and is valid until the parties fully fulfill their obligations, except for cases of early termination.
11.2. Before the expiration of the term of this Agreement may be terminated by mutual agreement of the parties, issued in writing.
11.3. The Parties have the right to terminate this Agreement unilaterally, in the event of a failure of one of the parties to comply with the terms of this Agreement and in the cases provided for by this Agreement and the current legislation of Ukraine.
12. Order by legal entities and individuals
12.1. In the case of the Order being executed not for the purpose of satisfying personal needs not directly related to business activities or fulfilling the duties of an employee, the effect of the Consumer Protection Act will not apply to the Buyer.
12.3. Refund in the case specified in clause 12.3. is carried out without taking into account the bank commission.
12.4. In the case of purchasing goods at a retail price, the relationship between the Seller and the Buyer is governed by the law "On Protection of Consumer Rights".
