By this agreement one side Salesman from one side, and any person, accepting the conditions of this Agreement of public offer is Customer, on the other hand, further together named are Parties, concluded this treaty public offer (further is Agreement), addressed to the unlimited circle of persons, being official public suggestion of Salesman to conclude with Customers a treaty of purchase-sale of Commodities the photos of that are accommodated in the corresponding division of Web site of http://skripka.com.ua/.
Salespeople intentional to carry out the sale of Commodities by means of Web site of http://skripka.com.ua/and Customers at acquisition of Commodities the images of that are placed on the corresponding pages of http://skripka.com.ua/, accept the conditions of this Agreement about.
1.1. Contractual relations between Salesman and Customer are recorded as Agreement of the public offer. Pressure on the page of Web site of http://skripka.com.ua/ in the corresponding division of the button to “ORDER” means that Customer, regardless of status (physical person, legal entity physical person-businessman), according to a current international and Ukrainian legislation, took to implementation of condition Agreements of public offer, that is indicated below.
1.2. An agreement of public offer is public, id est in accordance with the articles 633, 641 Civil code of Ukraine of his condition identical for all Customers regardless of status (physical person, legal entity physical person-businessman). At a complete consent with this Agreement, the Customer accepts terms and order of processing order, payment, and delivery of commodity Salesman, to responsibility for unconscientious Order and for non-fulfillment of conditions of this Agreement.
1.3. This Agreement inures from the moment of pressure on the button to “ORDER”, Customer gives a consent to carry out the purchase of present for Salesman Commodity that and operates to the moment of receipt Customer of Commodity from Salesman and complete calculation with him.
1.4. For adjusting of contractual legal relationships by Agreement of Side choose and, in case of necessity, apply the Ukrainian legislation. If by an international agreement, consent to obligatoriness of that is given by Supreme Радой of Ukraine, other rules are set, than those that are set by the Ukrainian legislation, then the rules of international agreement are used.
TERMS AND DETERMINATIONS
«An agreement of public offer» – is a public agreement the standard of that is placed on Web site of http://skripka.com.ua/ and application of that is obligatory for all Salespeople, containing suggestion of Salesman about acquisition of Commodity the image of that is placed on Web site of http://skripka.com.ua/, directed to the indefinite circle of persons, including to Customers.
«Acceptance» – is an acceptance by Customer of suggestion of salesman about acquisition of Commodity the image of that is placed on Web site of http://skripka.com.ua/, by adding of him to the virtual basket and dispatches of Order.
«A commodity» – is the article of trade (good, model, accessory, stuff and concomitant objects, any other commercial units), about acquisition of that on Web site of http://skripka.com.ua/ is placed suggestion of salesman.
«A customer» – ” is any capable physical, legal person physical person-businessman, according to a current international and Ukrainian legislation, visiting Web-site of http://skripka.com.ua/ and meaning to purchase one or another Commodity.
«A salesman» – is any capable physical, legal person physical person-businessman, according to a current international and Ukrainian legislation, that are proprietors or spreaders of Commodity and by means of Web site of http://skripka.com.ua/ mean to sell him.
«Order» – properly executed and placed on Web site of http://skripka.com.ua/ request of Customer on the purchase of Commodities, addressed to the salesman.
«A legislation» – is the norms set by the Ukrainian or international legislation for adjusting of contractual legal relationships by Agreement.
«A substantial lack of Commodity» – is a defect that does impossible or impermissible the use of Commodity in accordance with his having a special purpose setting, arose up through fault of producer (Salesman) after his removal shows up again on independent of consumer reasons.
SUBJECT OF AGREEMENT
3.1. A salesman is obligated on the terms and in the order, certain this Agreement to sell Commodity on the basis of the Order executed by Customer on the corresponding page of Web site of http://skripka.com.ua/, and Customer is obligated on the terms and in the order, certain this Agreement, to buy Commodity and pay money for it.
3.2. A salesman guarantees that Commodity is not passed in gage, is not the matter of dispute, is not in a charge, and also on him, some rights for the third persons are absent.
3.3. A salesman and Customer confirm that running Agreement is not fictitious or pretended transaction or transaction accomplished under influence of pressure or deception.
3.4. . A salesman confirms that has all necessary licenses on realization of economic activity, that regulate the sphere of legal relationships arising up and operating in the process of execution of this Agreement, and also guarantees that has a right on a production and / or realization of commodity without some limitations, in accordance with the requirements of current legislation of Ukraine, and obligated to bear the responsibility in case of violation of rights for Customer in the process of execution of this Agreement and realization of Commodity
RIGHT AND DUTIES SALESMAN
4.1. A salesman is under an obligation:
- to execute the conditions of this Agreement;
- to perform the orders of Customer in case of receipt of payment from Customer;
- to pass to Customer Commodity according to the chosen standard on a corresponding page Web-site of http://skripka.com.ua/, processed order and to the conditions of this Agreement;
- to check quality and quantitative descriptions of Commodity during his packing on storage;
- to advise a customer about a possible additional commission at payment of the European orders, Visa, Visa Electron, Mastercard Electronic, Maestro, the maps of type of Mastercard by informing in this agreement.
4.2. A salesman has right:
- in the one-sided order to stop providing of services by this agreement in case of violation by Customer of conditions of this Agreement.
4.3. Legal address of individual entrepreneur:
- 65123, Odesa, Marselskaya 58, apartment 222
- or management Subject from a number persons offering to acquisition on Web site of http://skripka.com.ua/ commodity on the single concerted rules expounded in this agreement of public offer.*
RIGHT AND DUTIES CUSTOMER
5.1. A customer is under an obligation:
- in good time to pay and secure an order on the terms of this Agreement;
- to become familiar with the information about Commodity, placed on Web site of http://skripka.com.ua/;
- at the receipt of Commodity at a person accomplishing his delivery, to make sure in integrity and completeness of Commodity by examination of packing content. In case of damage or incomplete acquisition of Commodity – to fix them in an act, that together with Customer must sign a person carrying out his delivery to Customer.
5.2. A customer has right:
- to process order on the corresponding page of Web site of http://skripka.com.ua/;
- to require implementation of conditions of this Agreement from a salesman;
- on informing of possible additional commission at payment of the European orders, Visa, Visa Electron, Mastercard Electronic, Maestro, the maps of type of Mastercard.
ORDER OF PROCESSING ORDER
6.1. A customer independently processes order on the corresponding page of Web site of http://skripka.com.ua/ by adding of Commodities to the virtual basket by means of button “In a basket” press!, or doing an order by e-mail, or on a telephone number, indicated in the division of contacts of Web site of http://skripka.com.ua/.
6.2. Term of forming of Order to 2 working days from the moment of his registration. In case if an order is sent on a weekend or holiday, a forming term is begun with the first after a working day off.
PRICE OF AGREEMENT AND ORDER OF PAYMENT
7.1. The cost of every separate Commodity is determined by Salesman and specified on the corresponding page of Web site of http://skripka.com.ua/. The cost of Agreement is determined by the addition of costs of all chosen Commodities placed in a virtual basket and costs of delivery that is determined depending on the method of delivery in accordance with the terms of division 8 this Agreement.
7.2. The cost of Order can change depending on a price, amount or nomenclature of the commodity.
7.3. A customer can pay an order next methods:
1) by means of bank order of money on the checking account of Salesman, indicated in an account, including by means of интернет-банкинга (A customer pays an order during three days from the date of receipt of account in size of 100% pre-pay).
2) by a cash on delivery at the receipt of Order in the representative office of delivery service on the territory of Ukraine or on the territory of another country in accordance with the mestome of realization of the order of commodity.
3) by the Credit card of next type:
- Visa Electron
- Mastercard Electronic
4) in any other way by arrangment with Salesman.
NOTES. At payment Customer of order collection of additional commission is possible a payment card the issuer of this map, in particular at payment Customer of order collection of additional commission is possible a payment card at payment Customer of the European orders by the issuers of maps of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. At pressure on the page of Web site of http://skripka.com.ua/ in the corresponding division of the button to “ORDER” means that Salesman advised Customer about possibility of collection of additional commission at payment, Mastercard, Visa Electron, Mastercard Electronic, Maestro, Customer of the European orders, issuer of map of Visa.
УСЛОВИЯ ДОСТАВКИ ТОВАРА
8.1 Покупатель получает Товар с помощью доставки, или получает его лично. Порядок оплаты и получения указан на соответствующей странице Веб-сайта http://skripka.com.ua/.
8.2. При доставке Товаров в другие города Украины или на территории другой страны, выполняемой другими Службами доставки (далее Компаниями-перевозчиками) Покупатель в полном объеме и безоговорочно соглашается с Правилами перевозки грузов этими компаниями-перевозчиками.
8.3. Факт получения Товара и отсутствие претензий к качеству Товара, доставляемого Компаниями-перевозчиками, Покупатель подтверждает собственной подписью в товаро-транспортной накладной, декларации Компании-перевозчика, или в расходной накладной при получении Товара. Со своей стороны, Продавец гарантирует отгрузку Товара Компании-перевозчику в количестве, указанном и оплаченном Покупателем, в комплектности согласно спецификации этого Товара и в надлежащем (рабочем) состоянии и качестве.
8.4. В случае отсутствия Покупателя по адресу доставки, указанной Покупателем в заявке или отказа Покупателя от получения Товара по необоснованным причинам, при доставке Курьером компании-перевозчика, Товар возвращается в торговый центр отгрузки. Оплата за услуги Компании-перевозчика вычитается из суммы, перечисленной Покупателем за Товар. Остаток суммы возвращается Покупателю на основании его письма, отправленного на e-mail: email@example.comс указанием расчетного счета, на который должны быть возвращены денежные средства.
Все вопросы, возникшие в процессе оплаты и получения Товара, Покупатель может выяснить по контактным данным в разделе Контакты.
TERMS OF RETURN OF COMMODITY
9.1. In accordance with an item 9 Law of Ukraine “On the protection of consumers”, Customer has a right on the exchange of Commodity of the proper quality during fourteen days, not counting the day of purchase, if the more protracted-term is not declared Salesman. A customer has a right on the exchange of Commodity taking into account positions of legislation about grounds and bill of Goods that is not subject to the exchange (to the return).
9.2. If Customer intends to return Commodity, such return comes true in accordance with the division of Web-site “Return” taking into account rules and terms of ferryman or courier, действуюших on the territory of Ukraine or on the territory of another country in accordance with the mestome of feasance of receipt of Commodity.
9.3. In case of presence of even one of the enumerated defects, the Customer is under an obligation to fix him in the made act of free-form. An act must be signed by Customer and person, carrying out delivery of Commodity or by Salesman. At the possibility, defects must be fixed by facilities.
RESPONSIBILITY OF PARTIES AND PERMISSION OF SPORES
10.1. Parties bear responsibility for nonperformance or improper execution of conditions of this Agreement in the order envisaged by this Agreement and current international and Ukrainian legislation.
10.2. In case of origin of the spores related to implementation by Parties of this Agreement, except for spores about exacting of debt from Customer, Parties are obligated to decide their way of negotiations with the observance of claim order. Term of examination of a claim – 7 (seven) calendar days from the date of her receipt. On спорам in connection with exacting of debt from Customer, the observance of claim order is not required.
10.3. All disputes, disagreements or requirements, arising out of this Agreement or in connection with him, including touching him executions, violations, stopping, or to ineffectiveness, is subject to permission in a corresponding court according to an international and Ukrainian material and judicial law.
11.1. Parties do not carry responsibility for non-fulfillment of any of the obligations, except for obligations under payment, if will prove, what a nonperformance was caused by force-majeure circumstances, id est by events or circumstances that really are beyond control of such side, coming after the conclusion of the real Treaty, carrying unforeseeable and inevitable character.
To the force-majeure circumstances natural cataclysms, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), revolts, death of commodity, delays of ferrymen, caused by accidents or unfavorable weather terms, dangers and chances, behave, in particular, on a sea, embargo, catastrophes, limitations laid on by public organs (including distributions, priorities, official requirements, quotas and price control), if these circumstances directly influenced on execution of this Agreement.
11.2. A side for that fulfilling commitment became impossible by this agreement from the offensive of force-majeure circumstances must immediately inform other Side in writing about the origin of foregoing circumstances, and also during 30 (thirty) calendar days to give confirmation of force-majeure circumstances to other Side. Such confirmation will be a certificate, certificate or other corresponding documents, given out by the authorized public organ located at the place of origin of force-majeure circumstances.
11.3. Time that is required to Parties for the implementation of the obligations by this agreement will be prolonged on any term during that execution was set aside from the enumerated circumstances.
11.4. If because of act acts of God the nonperformance of obligations by this agreement proceeds more than three months, each of Parties is right to undo a real Treaty in the one-sided order, in the written form advising another side about it.
In spite of offensive of force-majeure, before stopping of this Agreement because of force-majeure circumstances of Side carry out final mutual settlements.
OTHER CONDITIONS OF THE AGREEMENT
12.1. Information given by Customer is confidential. Information about Customer is used exceptionally for his Ordering (dispatches of the report to the salesman about the order of Commodity, dispatch of advertisement reports, etc.) fulfillment.
12.2. By the own acceptance of Agreement or registration on Web site of http://skripka.com.ua/ (filling of registration questionnaire) Customer voluntarily gives a consent to collection and processing of the personal data with a subsequent aim: data that become known will be used in commercial aims, including for treatment of orders on acquisition of commodities, receipt of order information, distributions by telecommunication communication (by an e-mail, by mobile communication) of advertisement and special suggestions means, to information about actions, drawing or to any other information about activity Web-site of http://skripka.com.ua/.
For the aims envisaged by this clause, a right to be directed letters, reports, and materials on a mailing address is had Customer, email Customer, and also to leave SMS-reports, to come true rings on the telephone number indicated in a questionnaire.
12.3. A customer gives a right to carry out the processing of his personal data, including to place the personal data in databases (without the additional advising about it), to carry out lifelong storage of data, their accumulation, updating, change (as necessary). A salesman is obligated to provide the protection of data from the unauthorized division of the third persons, not to distribute and not pass to data any third direction (except communication of data to the constrained persons, commercial partners, persons authorized by Salesman on realization of the direct processing of data for the indicated aims, and also upon obligatory request of competent public organ).
12.4. In case of unwillingness to get distribution, Customer has a right to appeal to Salesman, writing a statement about abandonment from the receipt of selling aids, pointing him at a mailing or electronic address.