- Definition of Terms
1.1. For the purposes of this public contract of sale, the following terms have the following meanings:
1.1.1. Agreement – this public contract of sale, which regulates distance selling of Goods to an unrestricted range of Buyers by means of long-distance communication networks (the Internet) via the Online store “Ukraїner Store” on the website https://ukrainer-store.demchco-dev.com/en/store-en/
1.1.2. Goods – non-food consumer goods (clothes, accessories, etc.), which are offered for distance selling by means of long-distance communication networks (the Internet) in the Online store “Ukraїner Store” in accordance with the terms and conditions specified in this Agreement.
1.1.3. Seller – the Online store “Ukraїner Store” on the website https://ukrainer-store.demchco-dev.com/en/store-en/
The location and contact information of the Seller are specified under the “Contacts” menu on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store” at https://ukrainer-store.demchco-dev.com/en/contacts-3/
1.1.4. Buyer – any legally competent person who, as defined in this Agreement, has voluntarily and completely accepted all conditions thereof with no exceptions.
1.1.5. Recipient – any legally competent person specified by the Buyer in the relevant Order for Goods as the recipient of the Goods.
1.2. For the purposes of this Agreement, all terms defined in 1.1 of this Agreement are used exclusively in the meaning specified in 1.1 of this Agreement, regardless of whether these terms are used in singular or plural, or in any other grammatical forms, cases and/or constructions.
1.3. All other terms which have not been specifically defined in this Agreement are to be understood and interpreted in their literal grammatical meaning in accordance with the current legislation of Ukraine, commerce policies, and also in accordance with the goal and subject of this Agreement.
- Subject of the Agreement
2.1. In accordance with the terms and conditions established by this Agreement, the Seller is obliged to transfer under the Buyer’s ownership the Goods selected by the Buyer, and the Buyer is obliged to accept and pay for the Goods in accordance with the terms and conditions established by this Agreement.
2.2. The ownership of the Goods shall be transferred to the Buyer in the moment of shipment (transfer) of the Goods and on condition of full payment of the price of the Goods by the Buyer in accordance with the terms and conditions established by this Agreement.
- Choosing the Goods and the procedure for conclusion of the Agreement
3.1. On their own and at their discretion, the Buyer chooses from the Goods available in the Online store “Ukraїner Store”, clicks the “Add to Cart” button, and completes and sends the Checkout Form to the Seller. In the Checkout Form, the Buyer is required to specify their first name and last name, their contact phone number, their email address, selected payment method, selected shipping option and preferred shipping location of the Goods.
3.2. After completing the Checkout Form, the Buyer must carefully familiarise themselves with all terms of this Agreement and on condition of acceptance of these terms in full, the Buyer clicks the “Place Order” button, which is considered as the act of sending the relevant Order for the selected Goods by the Buyer.
3.3. This Agreement is considered as concluded, and the offer of the Seller to conclude the Public Offer Agreement is considered as accepted in full by the Buyer from the moment when the Buyer presses the “Place Order” button on the on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store”.
3.4. By clicking the “Place Order” button, the Buyer confirms their full and unconditional acceptance of all terms of this Agreement without exception, including terms of shipment and payment for the Goods at the prices stated on the website:
https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store” at the date of conclusion of this Agreement by the Buyer.
3.5. By clicking the “Place Order” button, the Buyer confirms that they have been notified by the Seller of the following in a convenient and accessible way and in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine “On Consumer Rights Protection”:
– the Seller’s full name, identification number, location, mode of operation, email address;
– the main characteristics and properties of the Goods selected by the Buyer;
– the price of the Goods selected by the Buyer including all taxes and fees as well as the cost of shipping the Goods to the Buyer;
– the method, procedure, and terms of payment and shipment of the Goods selected by the Buyer;
– Seller’s warranty and other maintenance or repair services for the Goods selected by the Buyer (if any);
– warranty period and service life of the Goods selected by the Buyer, mandatory conditions of the use of the Goods and the possible consequences of non-compliance;
– the procedure for accepting claims;
– the period of acceptance of the offer for the conclusion of this Public Offer Agreement;
– the procedure for termination of this Agreement;
– other terms for offering the Goods for sale.
3.6. By clicking the “Place Order” button, the Buyer confirms that in accordance with the requirements of Article 15 of the Law of Ukraine “On Consumer Rights Protection”, they have received all necessary, accessible, reliable, and timely information about the Goods selected by the Buyer in full and appropriate manner, which fully ensured the possibility of conscious and competent choice of the selected Goods.
3.7. By clicking the “Place Order” button, the Buyer confirms their full and unconditional acceptance of all terms of this Agreement without exception, as well as entering into the relevant contractual relationship with the Seller.
3.8. In cases stipulated by the current legislation of Ukraine or at the request of the Buyer, this Agreement is concluded in writing.
3.9. The term of processing and registration of the Buyer’s Order for Goods by the Seller constitutes up to 7 (seven) business days from the date when the Checkout Form for the Goods was completed and sent by the Buyer as established in 3.1 and 3.2 of this Agreement. If the Order for Goods was sent by the Buyer on a day-off or a holiday, the term of processing of this Order for Goods begins on the first working day after the day-off or the holiday.
- Rights and obligations
4.1. The Buyer has the right to:
4.1.1. demand that the Seller fully and properly complies with the terms of this Agreement;
4.1.2. refuse to accept and pay for the defective or incomplete Goods or Goods which do not correspond to the sent Order for the Goods;
4.1.3. demand that the Seller provides either a proportional reduction in the price of the Goods, or free repair of the defects of the Goods, or reimbursement of the costs of elimination of the defects of the Goods on condition of reporting a defect of the Goods during the established warranty period;
4.1.4. either terminate this Agreement or demand that the Seller replaces the purchased Goods with the same Goods of adequate quality or with other equivalent Goods offered for sale in the Online store “Ukraїner Store” in the event of reporting significant defects resulting from the Seller’s fault within the warranty period;
4.1.5. withdraw from this Agreement in the manner and in the cases specified in this Agreement and in the current legislation of Ukraine;
4.1.6. terminate this Agreement in the manner and in the cases specified in this Agreement and in the current legislation of Ukraine;
4.1.7. demand that the Seller returns the money paid for the Goods in the event of termination or cancellation of this Agreement as specified in the legislation;
4.1.8. exercise other rights stipulated by this Agreement and by the norms of the current legislation of Ukraine.
4.2. The Buyer is obliged to:
4.2.1. properly and fully fulfill all their obligations as stated in this Agreement;
4.2.2. before concluding this Agreement, carefully read its contents and conditions, and also familiarise themselves with the value of the Goods offered for sale in the Online store “Ukraїner Store”, with the payment methods and procedure;
4.2.3. before concluding this Agreement, carefully familiarise themselves with the value and shipping options of the Goods on the “Shipping\Payment” page on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store” https://ukrainer-store.demchco-dev.com/en/shipping-en/;
4.2.4. accept the ordered Goods, if complete and of adequate quality, in accordance with the procedure and conditions established in this Agreement;
4.2.5. pay the cost of the ordered Goods within the terms and in accordance with the procedure and conditions established by this Agreement;
4.2.6. keep the relevant purchase invoice (customer receipt, packing slip, or cash receipt), which confirms the sale (transfer) of the Goods, during the warranty period;
4.2.7. fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
4.3. The Seller has the right to:
4.3.1. hold Sales and offer Sales Promotions that include a temporary opportunity to purchase the Goods on better terms than usually;
4.3.2. to exercise other rights stipulated by this Agreement and by the norms of the current legislation of Ukraine.
4.4. The Seller is obliged to:
4.4.1. properly and fully fulfill all their obligations as stated in this Agreement;
4.4.2. provide the Buyer with complete and accurate information about the Goods and their price by posting this information on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store”;
4.4.3. provide the Buyer with complete and accurate information about the shipping cost and shipping options for the Goods by posting this information on the “Shipping\Payment” page on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store” https://ukrainer-store.demchco-dev.com/en/shipping-en/;
4.4.4. provide shipment of the Goods ordered by the Buyer to the location specified by the Buyer and by the means selected by the Buyer in the relevant Order for the Goods within the period, in the manner, and under the conditions established by this Agreement;
4.4.5. provide shipment (transfer) of the ordered Goods, complete, of adequate quality, and in proper packaging, to the Buyer or the Recipient within the period, in the manner and under the conditions established by this Agreement;
4.4.6. at the request of the Buyer, exchange (replace) the ordered Goods of inadequate quality for the same Goods of adequate quality or for other similar Goods available for sale on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store”;
4.4.7. return the money paid for the Goods to the Buyer within the period, in the manner, and under the conditions established by this Agreement in the event of termination or cancellation of this Agreement by the Buyer due to inadequate quality of the Goods;
4.4.8. fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
- The price of Goods and Payment
5.1. Price of the Goods offered for sale in the Online store “Ukraїner Store” is available on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store” and
is established in the manner stipulated by the current legislation of Ukraine.
5.2. Price of the Goods offered for sale in the Online store “Ukraїner Store”, includes all taxes, fees, and any other mandatory payments including non-tax payments.
5.3. The Seller has the right to hold seasonal or any other sales of the Goods, offered for sale in the Online store “Ukraїner Store” (hereinafter – Sale). In this case, the Seller is obliged to specify the following information (as an integral part of this Agreement) on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store”:
– which groups of Goods are on Sale;
– the normal price of the Goods on Sale and their price during the period of a Sale.
5.4. The Seller has the right to offer the Buyer to purchase several Goods at once or a combination of Goods, and also to offer the Buyer to purchase certain Goods specified by the Seller at a reduced price on condition of purchasing other Goods specified by the Seller (hereinafter – Sales Promotion). In this case, the Seller is obliged to specify the following information (as an integral part of this Agreement) on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store”:
– the composition and price of the Sales Promotion, or the price of Goods individually for the offers to purchase several Goods at once or a combination of Goods at one price;
– the acceptance conditions of the Sales Promotion, including the terms of its acceptance, as well as any restrictions on its acceptance, including restrictions on the number of Goods offered for sale under such conditions.
5.5. The price of the Goods ordered by the Buyer is equal to the price of these Goods specified on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store” on the date of conclusion of this Agreement by the Buyer (acceptance of the Seller’s offer by the Buyer) and considering the reduction in the normal price of these Goods as a result of Sales Promotion and/or Sales held by the Seller (if any are held at the time of conclusion of this Agreement by the Buyer).
5.6. From the moment when the Buyer concludes this Agreement (acceptance of the Seller’s offer by the Buyer), the Seller shall not in any manner and under any circumstances change or otherwise reconsider the price of the ordered Goods for this Buyer, nor change the shipping cost.
5.7. By filling in the Checkout Form, the Buyer at their discretion chooses one of the payment options for the price of the ordered Goods specified on the “Shipping\Payment” page of the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store” https://ukrainer-store.demchco-dev.com/en/shipping-en/ (an integral part of this Agreement).
5.8. The Buyer’s failure to fulfill their obligations to pay for the Goods ordered by them is considered a unilateral cancellation of this Agreement in its entirety by the Buyer, which consequently leads to the termination of all of the Seller’s obligations, which result from the Buyer’s acceptance of the Seller’s offer to conclude this Agreement.
5.9. All payments under this Agreement shall be made exclusively in the national currency of Ukraine.
- Shipment and delivery (transfer) of Goods
6.1. The Seller is obliged to ship and deliver the ordered Goods to the Buyer or the Recipient of the Goods to the delivery location specified by the Buyer in the relevant Order for the Goods within the period specified on the “Shipping\Payment” page on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store” https://ukrainer-store.demchco-dev.com/en/shipping-en/, but in any case not later than 30 (thirty) calendar days from the date of conclusion of this Agreement by the Buyer (acceptance of the Seller’s offer by the Buyer).
6.2. Shipment of the Goods is done by the Seller by the means and to the location specified by the Buyer in the relevant Order for the Goods.
6.3. The Recipient of the Goods ordered by the Buyer is the Buyer or the Recipient.
6.4. Information about the prices and available shipping options (an integral part of this Agreement) is found on the “Shipping\Payment” page on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store” https://ukrainer-store.demchco-dev.com/en/shipping-en/.
6.5. Shipment of the Goods ordered by the Buyer is carried out by means of the delivery service of LLC “Nova Poshta”, depending on the location of delivery and shipping option specified by the Buyer in the relevant Order for Goods.
6.6. Shipment and delivery (transfer) of the ordered Goods by means of delivery service
LLC “Nova Poshta” and JSC “Ukrposhta” are carried out under this Agreement in accordance with the delivery terms established by LLC “Nova Poshta” and JSC “Ukrposhta”.
6.7. The Goods are delivered (transferred) to the Buyer or the Recipient of the Goods in a packaged form.
6.8. The Seller is obliged to transfer the Goods to the Buyer or the Recipient of the Goods together with the corresponding purchase invoice of the established form (customer receipt, packing slip, or cash receipt) stating the date of sale (date of transfer) of the Goods and indicating the date of payment settlement for the Goods.
6.9. Delivery (transfer) of the ordered Goods to the Buyer or the Recipient of the Goods
is carried out exclusively under the following conditions:
– the Buyer has paid the full price of the Goods in the manner and on the terms, established by this Agreement;
– the Buyer or the Recipient of the Goods has presented their identity document.
6.10. In the case when the ordered Goods do not correspond to the relevant order placed by the Buyer for these Goods or if the Goods are low quality, incomplete or have any defects, the Buyer has the right to choose one of the options:
– either to cancel this Agreement;
– or to demand the exchange (replacement) of these Goods for the same Goods of adequate quality in accordance with the Buyer’s order for the Goods or for other similar Goods from the range of Goods available for sale in the Online store “Ukraїner Store”.
6.11. The risk of accidental destruction, loss, or damage of the ordered Goods passes to the Buyer from the moment of delivery (transfer) of the Goods to the Buyer or the Recipient of the Goods.
6.12. This Agreement shall be deemed completed at the time of delivery (transfer) of the Goods to the Buyer or to the Recipient, of adequate quality, complete, and fully corresponding to the order for the Goods placed by the Buyer.
6.13. Refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods which are of adequate quality, complete, and fully corresponding to the Buyer’s order for the Goods, is considered a unilateral cancellation of this Agreement by the Buyer in its entirety, which consequently results in termination of all Seller’s liabilities arising from the Buyer’s acceptance of the Seller’s offer to conclude this Agreement.
- Quality of the Goods, warranty, Buyer’s claims and satisfaction thereof
7.1. The Seller is obliged to deliver the ordered Goods to the Buyer in good quality and fit for use for the purpose which such Goods are normally used for.
7.2. The quality of the Goods must meet the requirements established for such category of Goods in the relevant legal acts and regulatory documents.
7.3. The Seller shall ensure adequate use of the Goods purchased by the Buyer during the warranty period established by the legal acts.
7.4. The warranty period begins from the date of delivery (transfer) of the ordered Goods to the Buyer.
7.5. For seasonal goods (clothing, fur, and other products), the warranty period is calculated from the beginning of the respective season as established by the Cabinet of Ministers of Ukraine.
7.6. When the Buyer exchanges Goods of adequate quality or exchanges (replaces) Goods with significant defects, the warranty period for the Goods is calculated anew from the date of exchange of the Goods of adequate quality or from the date of exchange (replacement) of the Goods with significant defects.
7.7. The warranty period is extended by the period of providing correction of the defects by the Seller free of charge. This period is calculated from the day when the Buyer handed the Goods for correction of defects to the Seller.
7.8. In the event of locating defects of the purchased Goods within the established warranty period, the Buyer has the right to demand:
– proportional reduction in the price of the Goods;
– correction of defects of the Goods free of charge;
– reimbursement of the cost of correcting the defects of the Goods.
7.9. If the Buyer claims correction of the defects of the Goods free of charge, these defects must be corrected by the Seller within 14 (fourteen) days from the date when these Goods with defects were delivered to the Seller or during a different period as mutually agreed by the Seller and Buyer.
7.10. In the event of locating defects of the purchased Goods within the established warranty period, the Buyer has the right to choose one of the claims to the Seller specified in paragraph 7.8. of this Agreement, and in case of its non-fulfillment, they can choose another claim which is also listed in 7.8.
7.11. In the event of locating significant defects of the Goods within the established warranty period resulting from the Seller’s fault, or in the event of revealing that the Goods are counterfeit, confirmed by expert assessment if necessary, the Buyer has the right to choose one of the following options:
– terminate this Agreement;
– demand exchange (replacement) of the Goods for significant defects or counterfeit Goods with the same Goods of adequate quality or for other similar Goods from the range of Goods available for sale in the Online store “Ukraїner Store” including the relevant recalculation of the price of the Goods in accordance with the current legislation of Ukraine.
7.12. In the event of locating significant defects of the purchased Goods within the established warranty period, the Buyer has the right to choose one of the claims to the Seller specified in paragraph 7.11 of this Agreement, and in case of its non-fulfillment, they can choose another claim which is also listed in 7.11.
7.13. The claims specified in paragraphs 7.8 and 7.11 of this Agreement are considered by the Seller on condition that the Buyer presents the relevant purchase invoice (customer receipt, packing slip, or cash receipt) stating the date of sale (date of transfer) of the Goods.
7.14. The Buyer’s claims specified in paragraphs 7.8 and 7.11 of this Agreement are subject to rejection if the Seller proves that the defects of the Goods resulted from the Buyer’s non-compliance with the rules of use of the Goods or their storage conditions.
- Exchange and replacement of the Goods
8.1. The Buyer has the right to exchange the Goods of adequate quality for other similar Goods from the Seller within 14 (fourteen) business days from the date of delivery of the ordered Goods (not counting the delivery day itself) if the received Goods do not satisfy the Buyer with their shape, dimensions, style, color, size, or for other reasons or if the Buyer cannot use the Goods as intended.
8.2. Exchange of Goods of adequate quality shall be carried out if the Goods have not been in use and if the marketable appearance, consumer properties, seals and labels have been preserved.
8.3. The list of non-exchangeable and non-returnable Goods for the reasons stated in paragraph 8.1 of this Agreement shall be approved by the Cabinet of Ministers of Ukraine.
8.4. Exchange of Goods of adequate quality as well as exchange (replacement) of Goods with significant defects shall be carried out by the Seller on the basis of a written statement of the Buyer sent to the Seller’s address.
8.5. The Buyer’s demand to exchange Goods of adequate quality as well as the Buyer’s demand to exchange (replace) Goods with significant defects shall be satisfied by the Seller immediately on condition that the Seller has the Goods required for exchange or replacement available, but in any case not later than 14 (fourteen) business days from the moment when the Seller received the claim from the Buyer as specified in paragraph 8.4 of this Agreement.
8.6. Exchange of Goods of adequate quality as well as exchange (replacement) of Goods with significant defects shall be carried out by the Seller on condition that the Buyer presents the relevant purchase invoice (customer receipt, packing slip, or cash receipt) which confirms purchase of the Goods by the Buyer and states the date of sale (date of transfer) of the Goods.
8.7. If at the moment when the Buyer contacts the Seller with the request to exchange the Goods of adequate quality for other similar Goods, the Goods desired by the Buyer for exchange are not available for sale in the Online store “Ukraїner Store”, the Buyer has the right to:
– either exchange the purchased Goods for any other Goods available for sale in the Online store “Ukraїner Store” with the relevant recalculation of the price of the Goods in accordance with the current legislation of Ukraine;
– or terminate this Agreement in accordance with the procedure established in Chapter 9 of this Agreement;
– or exchange the received Goods for other similar Goods as soon as they become available for sale in the Online store “Ukraїner Store”. The Seller is obliged to notify the Buyer thereof on the day when such Goods became available for sale.
8.8. Return of the Goods of adequate quality by the Buyer and return of the Goods with significant defects by the Buyer due to exchange or replacement of such Goods is carried out in accordance with the procedure established in Chapter 10 of this Agreement.
- The procedure of termination of the Agreement
9.1. The Buyer has the right to terminate this Agreement in the cases stipulated by this Agreement and by the norms of the current legislation of Ukraine, if the Buyer notifies the Seller thereof as established by this Agreement and the current legislation.
9.2. In order to exercise the right to terminate this Agreement, the Buyer must keep and present to the Seller the relevant purchase invoice (customer receipt, packing slip, or cash receipt) which confirms purchase of the Goods by the Buyer and states the date of sale (date of transfer) of the Goods.
9.5. Termination of this Agreement by the Buyer results in the Buyer returning the purchased (received) Goods to the Seller in accordance with the procedure established in Chapter 10 of this Agreement.
- Return of Goods
10.1. In the case of termination of this Agreement by the Buyer, in the case of exchange of the Goods of adequate quality by the Buyer or exchange (replacement) of the Goods with significant defects by the Buyer, the Buyer returns the Goods to the Seller’s address.
- The procedure for refunding the money paid for the Goods, the procedure for reimbursement of the Buyer’s expenses
11.1. Refund of the money paid by the Buyer for the Goods/reimbursement of expenses of
correction of the defects of the Goods is carried out by the Seller on the basis of a written claim sent by the Buyer to the Seller.
11.2. The Buyer’s claim mentioned in paragraph 11.1 must be accompanied by:
– the relevant purchase invoice (customer receipt, packing slip, or cash receipt) which confirms purchase of the Goods by the Buyer and states the date of sale (date of transfer) of the Goods;
– documents which prove the expenses incurred by the Buyer to correct the defects of the Goods (in the case of claiming reimbursement for such expenses).
11.3. Refund of the money paid by the Buyer for the Goods/reimbursement of expenses of
correction of the defects of the Goods is carried out by the Seller by means of transferring the appropriate sum of money to an account opened by the Buyer at a bank, including to the card account specified by the Buyer in the claim mentioned in paragraph 11.1 of this Agreement.
11.4. Refund of the money paid by the Buyer for the Goods is carried out by the Seller on condition of return of the Goods by the Buyer in accordance with the procedure established in Chapter 10 of this Agreement.
11.5. Refund of the money paid by the Buyer for the Goods/reimbursement of expenses of
correction of the defects of the Goods is carried out by the Seller not later than 20 (twenty) banking days from the moment when the Seller received the claim from the Buyer as specified in paragraph 11.1 of this Agreement.
11.6. In the event of termination of this Agreement by the Buyer or cancellation of this Agreement by the Buyer due to significant defects of the Goods, due to exchange of the Goods of adequate quality by the Buyer, exchange (replacement) of the Goods with significant defects by the Buyer, recalculation of the price of the Goods is carried out in the cases stipulated in the current legislation of Ukraine.
11.7. When the Buyer exchanges the Goods of adequate quality and when the Buyer exchanges (replaces) the Goods with significant defects for other Goods, the Seller settles payments between them in accordance with the procedure stipulated in Chapter 11 of this Agreement.
- Seller’s liability and dispute resolution procedure
12.1. In case of breach of obligations outlined in this Agreement, the Seller shall be liable in accordance with the current legislation of Ukraine.
12.2. The Seller is exempt from liability for non-fulfillment or partial fulfillment of obligations under this Agreement if such non-fulfillment resulted from force majeure.
12.3. In this Agreement, force majeure means external and extraordinary circumstances that did not exist at the time of the conclusion of this Agreement and arose independently of the Seller’s will, provided that the Seller could not have foreseen the occurrence of such circumstances or could not have prevented them from occurring by the means which are considered right to demand and expect.
12.4. The force majeure circumstances include but are not limited to: earthquakes, fires, floods, epidemics, epizootics, radioactive contamination or other nuclear contamination, transport disasters, hostilities, uprisings, riots, revolutions, strikes, acts of terrorism, social conflicts, decisions by national and local authorities, blockades, embargoes, international sanctions, etc.
12.5. In the event that the Seller loses the ability to fulfill obligations under this Agreement due to force majeure circumstances, the Seller shall be bound to inform the Buyer about the fact, type, and possible duration of the events interfering with proper fulfillment of obligations under this Agreement within 5 (five) working days from the date of occurrence of such circumstances.
12.6. All disputes and disagreements arising between the Buyer and the Seller regarding
the exercise of their rights and fulfillment of their obligations under this Agreement shall be resolved by means of negotiation.
12.7. If negotiation leads to no agreement on the subject of the dispute, all disputes and disagreements between the Buyer and the Seller regarding the exercise of their rights and fulfillment of their obligations under this Agreement shall be resolved in accordance with the procedure established by the current legislation of Ukraine.
- Other conditions
13.1. This Agreement is a public electronic contract (offer) of retail distance sales of Goods by means of long-distance communication networks (the Internet) via the Online store “Ukraїner Store”.
13.2. Withdrawal or modification of the terms of the offer to conclude this public Agreement, as well as modification of the terms of this public Agreement, can be exercised by the Seller at any time.
13.3. Withdrawal or modification of the terms of the offer to conclude this public Agreement, as well as modification of the terms of this public Agreement, cannot be the basis for:
– any revision or modification of the terms or termination of contracts that have already been concluded between the Seller and the Buyers under the terms of this public Agreement;
– Seller’s waiver of commitments under the agreements already concluded with the Buyers under the terms of this public Agreement.
13.4. Terms of the offer to conclude this public Agreement, as well as the terms of this public Agreement are the same for all Buyers.
13.5. The Seller’s offer to conclude this public Agreement is considered fully and unconditionally accepted by the Buyer from the moment when the Buyer concludes this public Agreement in accordance with the procedure established in paragraph 3.3 of this Agreement.
13.6. Conclusion of this public Agreement (the Buyer’s acceptance of the Seller’s offer) is considered a full and unconditional acceptance by the Buyer of all terms of this public Agreement without exception, including the essential conditions, it is also considered entry into the relevant contractual relations with the Seller.
13.7. The automatic electronic notification of processed Order for the Goods sent by the Seller to the Buyer is the confirmation of conclusion of this public Agreement as specified in paragraph 3.11 of this public Agreement.
13.8. Documentary (paper) evidence of conclusion of this public Agreement is the relevant purchase invoice (customer receipt, packing slip, or cash receipt) stating the date of sale (date of transfer) of the Goods.
13.9. Full information about the Goods offered for sale in the Online store “S-cape” under the terms of this public Agreement is available on the website https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store”.
13.10. Declaring certain conditions of this public Agreement as invalid, futile, or void does not lead to recognising any other conditions of this public Agreement as invalid, futile, or void.
13.11. By concluding this public Agreement, the Buyer confirms their complete and indefinite consent to receive from the Seller the newsletter of the Online store “Ukraїner Store” as well as Promotion and Sales offers by the Seller at the Online store “Ukraїner Store” via SMS, email, social networking, etc.
13.12. By filling in the Checkout Form and/or completing the procedure of registration or logging in on the website: https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store”, the Buyer confirms their complete and indefinite consent to:
– entry of the information specified by the Buyer, including the information classified in the current legislation of Ukraine as personal data, by the Seller (the owner and manager of the personal database) into the “Buyers” database;
– dissemination by the Seller of the Buyer’s information, including the information classified in the current legislation of Ukraine as personal data, to third parties, including the courier and shipping services involved by the Seller, exclusively for the purposes stipulated in paragraph 13.14 of this Agreement;
– dissemination by the Seller of the Buyer’s information, including the information classified in the current legislation of Ukraine as personal data, in cases, directly stipulated in the current legislation of Ukraine.
13.13. By filling in the Checkout Form and/or completing the procedure of registration on the website: https://ukrainer-store.demchco-dev.com/en/store-en/ of the Online store “Ukraїner Store”, the Buyer confirms their complete and indefinite consent for processing and use of the Buyer’s information by the Seller, including the information classified in the current legislation of Ukraine as personal data,exclusively for the following purposes:
– for the purpose of registration and identification of the Buyer in the Online store “Ukraїner Store”;
– for the purpose of restoring the Buyer’s registration password in the Online store “Ukraїner Store”;
– for marketing purposes, namely sending the Buyer the newsletter of the Online store “Ukraїner Store” as well as Promotion and Sales offers by the Seller at the Online store “Ukraїner Store” via SMS, email, social networking, etc., conducting analysis of the consumer market for the Goods, determination of the range of potential Buyers, determination of the needs of potential Buyers for the Goods that are offered for sale;
– for the purpose of decent fulfillment of contractual obligations of the Seller to the Buyer, including obligations to deliver the Goods;
– for the purpose of fulfillment of the requirements of the current legislation of Ukraine, including consumer protection legislation, by the Seller.
13.14. For all matters which are not reflected in this public Agreement, the parties shall be guided by the norms of the current legislation of Ukraine.