Under this Offer Agreement, in accordance with Article 633 of the Civil Code of Ukraine, the terms and conditions are the same for all buyers regardless of their status, whether they are individuals or individual entrepreneurs.
In full agreement with this Agreement, the buyer accepts the terms and conditions of ordering, payment for goods, delivery of goods and, in accordance with the current legislation of Ukraine, has due legal force. This Agreement is an agreement between the online store at scissors-dutyfree.com/en, hereinafter referred to as the “Seller”, and any individual entrepreneur or individual, hereinafter referred to as the “Buyer”, who will use the services of this online store, which includes all the terms of sale and purchase through the online store.
According to the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII of May 12, 1991, the Rules of Retail Trade in Non-Food Products, approved by the Order of the Ministry of Economy of Ukraine No. 104 of April 19, 2007, the terms of this Agreement between the Seller and the Buyer are regulated.
1. General provisions
1.1 This agreement is a public offer in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine and contains the terms and conditions for organizing the sale and purchase through the online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine, full acceptance of the terms of the public offer agreement is the fact of placing an order and choosing to pay for the order in accordance with the provided payment methods.
1.3. The public offer is also considered accepted upon registration of the Buyer on the website of the online store.
1.4. By entering into the Agreement, the Buyer confirms that he is fully and completely familiarized and agrees with its terms, and, if the Buyer is an individual, authorizes the processing of his personal data in order to fulfill the terms of this Agreement, the possibility of making mutual settlements, as well as to receive invoices, invoices, receipts and checks. The permission to process personal data is valid for the entire term of the Agreement.
2. Subject of the Agreement
2.1. The Online Store undertakes to transfer the ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this Agreement.
2.2 This agreement governs the sale and purchase in the online store, including:
1) voluntary selection by the Buyer of goods in the online store by category;
2) the Buyer's independent placement of an order on the website in the online store or with the help of a manager by phone;
3) payment for the order placed in the online store by the Buyer in a convenient way;
4) fulfillment and transfer of the order to the Buyer in the ownership under the terms of this Agreement.
3. Ordering procedure
3.1. The Buyer independently places an order online through the Basket in the online store or by telephone using the contacts indicated in the online store.
3.2 The Seller has the right to refuse to transfer the order to the Buyer if the data provided by the Buyer when placing the order is incomplete or raises suspicion 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 required by the Seller to fulfill the order:
а) Last name, first name, patronymic
b) phone number
c) the address to which the Goods should be delivered
4. Cost and payment procedure for the goods
4.1 The prices for the Goods are determined by the Seller independently and are indicated on the website of the Online Store in UAH.
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 Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the website of the online store in the section “Payment and Delivery”.
4.4 The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
5. Delivery of the order
5.1. The goods are shipped to the Buyer upon receipt of partial or full payment of the invoice from the Buyer.
5.2. Delivery and return of the goods is carried out at the expense of the Buyer. The total delivery time depends on the work of the carrier's transport company, so the Seller is not responsible for this.
5.3. The cost of delivery is not indicated in the online store, as it depends on the current tariffs of the carrier's transport company.
5.4. The Buyer or his representative, upon acceptance of the Goods, confirms with his signature in the sales receipt / or in the order / or in the waybill for the delivery of goods that he has no claims to the quantity of goods, appearance and completeness of the goods.
5.5. The Buyer shall pay the delivery cost to the Carrier Company independently upon receipt of the goods. The exact cost of delivery shall be determined by the Carrier Company.
6. Return of goods of good quality
6.1. The Buyer has the right to return to the Seller non-food goods of good quality if the goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. Good quality goods shall be returned if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On Protection of Consumer Rights”.
6.2. If the Goods do not meet the return conditions specified in clause 7.1, the Seller has the right to refuse to exchange the Goods.
6.3. Transportation costs for the delivery of the Goods in the exchange under clause 7.1. are borne by the Buyer.
6.4. If at the time of the exchange a similar product is not on sale, the Buyer has the right to either purchase any other products from the available assortment with the corresponding transfer of cost, or terminate the contract and receive a refund in the amount of the value of the returned product, or exchange the product for a similar one at the first receipt of the corresponding product for sale.
7. Rights and obligations of the parties
7.1. The seller is obliged to:
7.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
7.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
7.2. The Seller has the right to:
7.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of their publication.
7.3 The Buyer undertakes:
7.3.1 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.
7.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.
8. The procedure for acceptance of goods by the Buyer
8.1. Upon receipt of the Goods at the carrier's warehouse, from the courier or the Seller, the Buyer shall check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and completeness of its completeness.
8.2. In the event of at least one of the defects listed in clause 8.1. of the Agreement, the Buyer is obliged to record it in a free-form act. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the date of signing the Act, the Buyer is obliged to notify the manager (representative of the Seller responsible for placing the order for the Goods) of the identified defects and agree on the replacement of the Goods.
8.3. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer's receipt of the Goods in proper condition - without any mechanical damage and in full completeness - is recognized.
8.4. In case of detection during the established warranty period (shelf life) of significant defects that have arisen through the fault of the manufacturer of the goods (the Seller), or falsification of the Goods, confirmed by the expert opinion, the Buyer, in the manner and within the terms established by the warranty obligations of the manufacturer of the Goods, subject to the terms of the Offer Agreement, has the right to demand from the Seller at its option:
8.5. In cases of replacement of defective Goods, the carrier's services shall be paid for by the Seller.
8.6. In any case, the return of the Goods must take place in the original packaging in which the Goods were received, preserving the presentation and consumer qualities of the goods.
8.7. All issues not regulated in this Offer Agreement related to the procedure, conditions of warranty repair or replacement of the Goods in case of defects during the warranty (shelf life) are regulated in accordance with the warranty obligations specified by the manufacturer of the relevant Goods, and in case the manufacturer does not establish such warranty obligations - in accordance with the current legislation of Ukraine.
9. Responsibility of the parties
9.1. The Parties shall be liable 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.
9.2. In case of force majeure, the Parties shall be exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures.
9.3. The party referring to the force majeure shall notify the other party of the occurrence of such circumstances in writing by e-mail within five calendar days.
9.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than five months, each of the Parties shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing.
9.5. The Parties shall make every effort to resolve any disagreements solely through negotiations.
10. Confidentiality and protection of personal data
10.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the validity of such consent.
10.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the requirements of the current legislation of Ukraine.
10.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
11. Other terms and conditions
11.1 This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
11.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
11.3. The Seller shall have the right to amend this Agreement unilaterally as provided for in clause 7.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.