PUBLIC
CONTRACT (TENDER)
to
order, purchase and sale and delivery of goods
This contract is the official and public
offer of the Seller to conclude a contract of sale of the Goods presented on
the website www.tehnoservic.com.ua. This contract is public, that is, in
accordance with Article 633 of the Civil Code of Ukraine, its conditions are
the same for all buyers regardless of their status (individual, legal entity,
individual entrepreneur) without giving preference to one buyer over another.
By concluding this Agreement, the buyer fully accepts the terms and conditions
of placing an order, paying for the goods, delivering the goods, returning the
goods, responsibility for an unscrupulous order and all other terms of the
contract. The contract is considered concluded from the moment the
"Confirm Order" button is clicked on the checkout page in the
"Basket" section and the Buyer receives an electronic confirmation of
the order from the Seller, or a call from the store manager.
1. Definition of terms
1.1. Public offer
(hereinafter - the "Offer") - the public offer of the Seller,
addressed to an unspecified circle of persons, to conclude a contract for the
sale of goods remotely with the Seller (hereinafter - the
"Agreement") on the terms contained in this Offer.
1.2. The product or
service is the object of the agreement of the parties, which was selected by
the buyer on the website of the online store and placed in the basket, or
already purchased by the buyer from the seller remotely.
1.3. Online store -
the Seller's website at the address www.tehnoservic.com.ua is created for the
conclusion of retail and wholesale sales contracts based on the Buyer's
familiarization with the description of the Goods proposed by the Seller using
the Internet.
1.4. The buyer is a
legally competent natural person who has reached the age of 18, receives
information from the Seller, places an order for the purchase of goods
presented on the website of the online store for purposes not related to the
implementation of business activities, or a legal entity or an individual
entrepreneur.
1.5. The seller is
Private Enterprise "Technoservice" (identification code 30978439), a
legal entity that was created and operates in accordance with the current
legislation of Ukraine, whose location is: 01013, Kyiv, Derevoobrobniy lane,
bldg. No. 3.
2. Subject of the Agreement
2.1. The Seller
undertakes to transfer ownership of the Goods to the Buyer, and the Buyer
undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of
conclusion of the Contract-offer (acceptance of the offer) and the moment of
complete and unquestionable acceptance by the Buyer of the terms of the
Contract shall be considered the date of filling out the order form by the
Buyer located on the website of the online store, provided that the Buyer
receives confirmation of the order from the Seller in electronic form, or by a
call from the store manager. If necessary, at the request of the Buyer, the
Agreement can be executed in writing.
3. Placement of the Order
3.1. The buyer
places an order independently in the online store through the "Cart"
form, or by placing an order by e-mail or at the phone number indicated in the
contact section of the online store.
3.2. The Seller has
the right to refuse to transfer the order to the Buyer if the information
provided by the Buyer during the order placement is incomplete or raises
suspicions about their validity.
3.3. 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 fulfill the
order:
3.3.1. surname,
first name, patronymic of the Buyer or the person indicated by him (recipient);
3.3.2. the address
to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. email
address.
3.3.4. contact
phone
3.3.5.
Identification code for a legal entity or an individual entrepreneur.
3.4. The name,
quantity, article number, and price of the Product selected by the Buyer are
indicated in the Buyer's basket on the Internet store website.
3.5. If any of the
parties to the contract needs additional information, he has the right to
request it from the other party. If the Buyer does not provide the necessary
information, the Seller is not responsible for providing quality service to the
Buyer when purchasing goods in the online store.
3.6. When placing
an order through the Seller's manager (clause 3.1. of this Offer), the Buyer
undertakes to provide the information specified in clauses 3.3 - 3.4. of this
Offer.
3.7. The Buyer's
approval of the terms of this Offer is carried out by entering the relevant
data into the registration form on the website of the online store or when
placing the Order through the manager. After placing the Order through the
Manager, the Buyer's data is entered into the Seller's database.
3.8. The buyer is
responsible for the accuracy of the information provided when placing the
Order.
3.9. By concluding
the Agreement, i.e. accepting the terms of this offer (the proposed terms of
purchase of the Goods), by placing the Order, the Buyer confirms the following:
a) The buyer is
fully and completely acquainted with and agrees with the terms of this offer
(offer);
b) he gives
permission for the collection, processing and transfer of personal data, the
permission for the processing of 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 the contract, the Buyer confirms that he has been
informed (without additional notification) of the rights established by the Law
of Ukraine "On the Protection of Personal Data", about the purposes
of data collection, as well as that his personal data is transferred to the
Seller for the purpose of being able to fulfill the conditions of this
Agreement, the possibility of mutual settlements, as well as to receive
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 from the Buyer for the purpose of
fulfilling the Buyer's order. The extent 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.4. Price and Delivery of the
Goods
4. Price and Delivery of the Goods
4.1 Prices for
Goods and services are determined by the Seller independently and are indicated
on the website of the online store. All prices for goods and services are
indicated on the website in hryvnias, including VAT.
4.2 Prices for
Goods and services may be changed by the Seller unilaterally depending on
market conditions. At the same time, the price of a separate unit of the
Product, the cost of which has been paid in full by the Buyer, cannot be
changed by the Seller unilaterally.
4.3. The price of
the Product, which is indicated on the website of the online store, does not
include the cost of delivery of the Product to the Buyer. The cost of delivery
of the Goods is paid by the Buyer in accordance with the current rates of
delivery services (carriers) directly to the delivery service (carrier) chosen
by him.
4.4. The price of
the Product indicated on the website of the online store does not include the
cost of delivery of the Product to the Buyer's address.
4.5. The Seller can
indicate the approximate cost of delivery of the Goods to the Buyer's address
when the Buyer makes a corresponding request to the Seller by sending a letter
to the e-mail or when placing an order through the online store manager.
4.6. The Buyer's
obligations to pay for the Goods are considered fulfilled from the moment the
funds are received by the Seller on his account.
4.7. Settlements
between the Seller and the Buyer for the Goods are made by the methods
indicated on the website of the online store in the "Payment and
Delivery" section.
4.8. When receiving
the goods, the Buyer must check the conformity of the Goods with the
qualitative and quantitative characteristics (product name, quantity,
completeness, expiration date) in the presence of the representative of the
delivery service (carrier).
4.9. The buyer or
his representative, during the acceptance of the goods, confirms with his
signature on the goods receipt / or in the order / or in the transport invoice
for the delivery of the goods that he has no complaints about the quantity of
the goods, appearance and completeness of the goods.
4.10. The right of
ownership and the risk of accidental loss or damage to the Goods shall be
transferred to the Buyer or his Representative from the moment of receipt of
the Goods by the Buyer in the city of delivery of the Goods upon independent
delivery of the Goods from the Seller, or during the handover by the Seller of
the goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The seller is
obliged to:
5.1.1. Deliver the
goods to the Buyer in accordance with the terms of this Agreement and the
Buyer's order.
5.1.2. Not to
disclose any private information about the Buyer and not to provide access to
this information to third parties, except for cases provided by law and during
the execution of the Buyer's Order.
5.2. The seller has
the right to:
5.2.1 Change the
terms of this Agreement, as well as the prices of Goods and services,
unilaterally, by posting them on the website of the Internet store. All changes
take effect from the moment of their publication.
5.3 The buyer
undertakes:
5.3.1 Before
concluding 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.
5.3.2 In order for
the Seller to fulfill his obligations to the Buyer, the latter must provide all
the necessary data that uniquely identify him as the Buyer and are sufficient
for the delivery of the ordered Goods to the Buyer.
6. Return of the Goods
6.1. The Buyer has
the right to return to the Seller a non-food product of appropriate quality, if
the product does not satisfy him in terms of shape, dimensions, style, color,
size or for other reasons cannot be used by him for its intended purpose. The
buyer has the right to return goods of proper quality within 14 (fourteen)
days, excluding the day of purchase. The return of goods of appropriate quality
is carried out if it has not been used and if its appearance, consumer
properties, packaging, seals, labels, as well as the settlement document issued
to the Buyer for payment of the Goods have been preserved. The list of goods
that are not subject to return on the grounds provided for in this paragraph is
approved by the Cabinet of Ministers of Ukraine.
6.2. The return to
the Buyer of the cost of goods of appropriate quality is carried out within 30
(thirty) calendar days from the moment of receipt of such Goods by the Seller,
subject to compliance with the requirements stipulated in clause 6.1. Agreement,
current legislation of Ukraine.
6 .3. The cost of
the product is subject to refund by bank transfer to the Buyer's account.
6.4. The return of
the Goods of proper quality to the Seller's address is carried out at the
expense of the Buyer and the Seller does not reimburse the Buyer.
6.5. In the event
that defects in the Product are detected during the established warranty
period, the Buyer personally, in the manner and within the time limits
established by the legislation of Ukraine, has the right to submit claims to
the Seller provided for by the Law of Ukraine "On the Protection of
Consumer Rights". In the case of requests for free elimination of defects,
the deadline for their elimination is calculated from the date of receipt of
the Goods by the Seller at his disposal and physical access to such Goods.
6.6. Consideration
of the requirements stipulated by the Law of Ukraine "On the Protection of
Consumer Rights" is carried out by the Seller on the condition that the
Buyer provides the documents stipulated by the current legislation of Ukraine.
The Seller is not responsible for the defects of the Goods that arose after
their transfer to the Buyer as a result of the Buyer's violation of the rules
of use or storage of the Goods, actions of third parties or force majeure.
6.7. The return of
goods, in the cases provided for by law and this Agreement, is carried out at
the address specified on the website in the "Contacts" section
7. Liability
7.1. The Seller is
not responsible for damage caused to the Buyer or third parties as a result of
improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is
not responsible for damage caused to the Buyer or third parties as a result of
the Seller's payment details being incorrectly specified by the Buyer.
7.2. The Seller is
not responsible for improper, untimely fulfillment of Orders and its
obligations in the event that the Buyer provides inaccurate or erroneous
information.
7.3. The Seller and
the Buyer are responsible for fulfilling their obligations in accordance with
the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or
the Buyer is released from responsibility for full or partial non-fulfillment
of their obligations, if the non-fulfillment is the result of force majeure
circumstances such as: war or hostilities, earthquake, flood, fire and other
natural disasters that occurred regardless of the will of the Seller and/or The
buyer after concluding this contract. A Party that cannot fulfill its
obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing
his personal data on the website of the online store when registering or
placing an Order, the Buyer gives the Seller his voluntary consent to the
processing, use (including transfer) of his personal data, as well as taking
other actions provided for by the Law of Ukraine "On the Protection of
Personal Data ", without limiting the validity period of such consent.
8.2. The Seller
undertakes not to disclose the information received from the Buyer. It is not
considered a violation for the Seller to provide information to counterparties
and third parties acting on the basis of a contract with the Seller, including
for the fulfillment of obligations to the Buyer, as well as in cases where the
disclosure of such information is established by the requirements of the
current legislation of Ukraine.
8.3. The buyer is
responsible for keeping his personal data up-to-date. The Seller is not
responsible for poor performance or failure to fulfill its obligations due to
the irrelevance of information about the Buyer or its inconsistency.
9. Other conditions
9.1. This contract
is concluded on the territory of Ukraine and is valid in accordance with the
current legislation of Ukraine.
9.2. All disputes
arising between the Buyer and the Seller shall be resolved through
negotiations. In case of failure to reach a settlement of the disputed issue
through negotiations, the Buyer and/or the Seller have the right to apply for a
resolution of the dispute to the judicial authorities in accordance with the
current legislation of Ukraine.
9.3. The seller has
the right to make changes to this Agreement unilaterally, provided for in
clause 5.2.1. Agreement. In addition, changes to the Agreement may also be made
by mutual agreement of the Parties in accordance with the procedure provided
for by the current legislation of Ukraine.
ADDRESS AND
DETAILS OF THE SELLER:
PE "Technoservice"
01013, Kyiv,
Derevoobrobniy lane, bldg. No. 3
P/R
UA743510050000026003878853173 in the bank PJSC "UKRSIBBANK"
Code 30978439
TIN 309784326136
St. VAT 38790914
tel. (044)
545-70-22