This Agreement is a public contract – a public offer contract, that is, according to 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). Upon full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, paying for the goods, and delivering the goods.
This Agreement is an agreement between Mebli-Lev (Internet store “meblilev.com”) (hereinafter referred to as the “Seller”) and any legal entity, individual entrepreneur or natural person, user of the services of the Internet store, who in the future is called the “Buyer” (hereinafter – the “Buyer”), which includes all the essential conditions for the organization of the purchase and sale remotely (i.e. through the Internet store).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are defined by the Law of Ukraine “On the Protection of Consumer Rights” No. 1023-XII of May 12, 1991, the Rules of Retail Trade of Non-Food Products, approved by Order of the Ministry of Economy of Ukraine No. 104 of April 19, 2007.
This agreement has the nature of a public offer, is the equivalent of an “oral agreement” and, in accordance with the current legislation of Ukraine, has due legal force.
1. General provisions
1.1. This contract is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for the organization of purchase and sale remotely, i.e. through the Internet store.
1.2. According to Art. 642 of the Civil Code of Ukraine, full and unquestionable acceptance of the terms of a public contract, that is, a public offer of an online store, is the fact of clicking on the link “Make an order”, “Place an order” or “Buy in 1 click” and pay for the order in the amount of 100% under the terms of this agreement .
1.3. The public offer is also accepted during the registration of the Buyer on the website of the online store.
1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely acquainted with and agrees with its terms, and also, if the Buyer is a natural person, gives permission for the processing of his personal data for the purpose of fulfilling the terms of this Agreement, the possibility of mutual settlements, as well as for receipt of invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, about the purposes of data collection. 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.
2. Terms and definitions
2.1. “Internet store” – the seller’s website (“meblilev.com”), created for the conclusion of retail and wholesale sales contracts on the basis of familiarization of the Buyer with the description of the Goods in photographs proposed by the Seller, using the Internet, which excludes the possibility of direct acquaintance of the buyer with By goods – a remote method of selling goods.
2.2. “Product” – a list of names of the assortment presented in the online store.
2.3. “Personal data” is any information that directly or indirectly relates to a specific person or to an identifiable person.
2.4. “Significant defect of the Product” – a defect that makes it impossible or unacceptable to use the product in accordance with its intended purpose, was caused by the manufacturer’s (seller’s) fault, after its elimination is manifested again for reasons independent of the consumer, and at the same time is endowed with at least one of the following signs:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) he makes the goods significantly different from what is provided for in the contract.
3. Subject of the contract
3.1. The online store undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement.
3.2. This agreement regulates the purchase and sale in the online store, in particular:
a) voluntary choice by the Buyer of goods in the online store by category;
b) self-registration of the order by the Buyer on the website in the online store;
c) payment by the Buyer of the order made in the online store;
d) execution and transfer of ownership of the order to the Buyer under the terms of this Agreement.
4. Procedure for placing an order
4.1. The buyer independently places an order online in the online store or by telephone using the contacts specified in the online store.
5. Cost and payment procedure for the Product
5.1. The full price of the Product is indicated on the pages of the Seller’s online store.
5.2. Prices for goods and services may change depending on the market situation, which is reflected in the prices in the online store. The Seller cannot change the price for a specific Buyer, if he has already accepted the Seller’s conditions and made payment for the goods (services) in accordance with the procedure established by this Agreement.
5.3. The Buyer pays for the order within 2 working days (in the amount of 100% prepayment) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including using Internet banking.
6. Order delivery
6.1. Shipment of the Goods to the Buyer takes place after receipt of 100% of the invoiced payment from the Buyer.
6.2. The delivery and return of the Goods is carried out by the seller or the transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 10 days.
6.3. The cost of delivery in the online store is not indicated, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering wholesale batches, delivery terms and methods are agreed separately in each specific case.
6.5. The seller is not responsible for the delivery time of the order, as it depends on the actions of third parties (carriers).
6.6. Payment of the delivery cost is made by the Buyer to the carrier company independently upon receipt of the Goods. The exact cost of delivery is determined by the carrier.
7. Return of good quality goods
7.1. The buyer has the right to exchange a good quality product for a similar one from the seller from whom it was purchased, if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose under the following conditions:
A) the goods for exchange were provided to the Seller within no more than 14 (fourteen) days, excluding the day of purchase;
B) the product can be replaced if it has never been used, does not contain traces of use and if its appearance, consumer properties, seals, labels, films are preserved, the integrity of the packaging of both the product itself and its components is not violated;
C) the product does not contain scratches, chips, wear and tear, it is fully functional;
D) the completeness of the sold goods is preserved;
D) the goods can be replaced upon presentation by the Buyer of the settlement document issued to the Buyer together with the sold goods.
7.1.1. Requirements 7.1. do not apply to goods that, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On the implementation of certain provisions of the Law of Ukraine “On the Protection of Consumer Rights”, are included in the List of goods of appropriate quality that are not subject to exchange (return)
7.2. In the event that the Goods do not meet the conditions specified in paragraphs A) – D) clause 7.1., the seller has the right to refuse to exchange the goods.
7.3. Transport costs for the delivery of the Goods during the exchange according to clause 7.1. rely on the Buyer.
7.4. When exchanging the Product, its warranty period is recalculated from the time of exchange.
7.5. If, at the time of exchange, a similar product is not available for sale, the buyer has the right to either purchase any other products from the available assortment with a corresponding recalculation of the cost, or to terminate the contract and receive money back in the amount of the value of the returned product, or to exchange the product for a similar one at the first arrival the corresponding product. goods for sale.
8. Rights and obligations of the parties
8.1. The buyer is obliged to:
a) familiarize yourself with the information about the Product, which is posted on the seller’s website;
b) place an order on the website yourself;
c) timely pay and receive the order from the Carrier under the terms of this Agreement;
d) upon receipt of the Goods from the Carrier, verify its integrity and completeness by inspecting the contents of the packaging. In case of damage and incomplete equipment, record them in the act, which must be signed by the Carrier’s employee together with the Buyer.
8.2. The buyer has the right to demand from the online store compliance with the terms of this Agreement.
8.3. The online store is obliged to:
a) comply with the terms of this Agreement;
b) deliver the goods to the Buyer in accordance with the selected sample located in the online store, issued by the order and the terms of this Agreement;
c) The online store is not responsible, cannot act as a defendant in court, and does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties.
8.4. The online store has the right to:
a) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
9. Procedure for receiving the goods by the Buyer
9.1. When receiving the Goods at the warehouse of the carrier, from the courier or the seller, the buyer is obliged to check the external integrity of the packaging, after which to open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its completeness.
9.2. In case of presence of at least one of those listed in clause 9.1. Contract defects, the Buyer is obliged to record them in a written act of arbitrary form. The act must be signed by the Buyer and an employee of the Carrier or Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (Seller’s representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods.
9.3. The parties agreed that in the event of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition – without any mechanical damage and completeness.
9.4. In case of discovery during the established warranty period (expiry period) of significant defects that arose due to the fault of the manufacturer of the Goods (the seller), or falsification of the Goods, confirmed by the conclusion of the examination, the Buyer, in the manner and within the terms established by the warranty obligations of the manufacturer of the Goods, taking into account of the terms of Contracts-offers have the right to demand from the Seller:
9.4.1. termination of the contract and return of the amount paid for the Goods;
9.4.2. replacement of the Product with the same Product or with a similar Product available from the Seller.
9.5. In this case, upon confirmation by the Seller of significant defects in the Goods and upon the Buyer’s declaration of will, the paid funds shall be returned to the latter for the details specified by him within 7 (seven) calendar days after the return of the goods.
9.6. In case of replacement of low-quality Goods, payment of the carrier’s services is carried out at the seller’s expense.
9.7. In any case, the return of the Product must take place in the original packaging in which the Product was received, preserving the product’s appearance and consumer qualities.
9.8. All issues not regulated by this Offer Agreement, related to the procedure, conditions of warranty repair or replacement of the Product in the event of defects being detected during the warranty (suitability) period, are regulated in accordance with the warranty obligations specified by the manufacturer of the relevant Product, and in the event that the manufacturer does not establish such warranty obligations – in accordance with the current legislation of Ukraine.
10. Liability of the parties
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner stipulated by this Agreement and the current legislation of Ukraine.
10.2. In case of force majeure, the parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent with reasonable measures.
10.3. The party that refers to force majeure must notify the other party in writing of the occurrence of such circumstances within five calendar days.
10.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than five months, each Party has the right to unilaterally terminate this Agreement by notifying the other party in writing.
10.5. The parties shall make every effort to resolve any disagreements exclusively through negotiations.
11. Other conditions
11.1. The online store reserves the right to unilaterally make changes to this Agreement with prior publication on the “meblilev.com” website.
11.2. The online store was created to organize a remote method of selling goods via the Internet.
11.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
11.4. The buyer is responsible for the accuracy of the information specified when placing the order.
11.5. Payment by the Buyer of the order made in the online store means the Buyer’s full agreement with the terms of the Purchase Agreement (public offer of the Online store) and is the date of conclusion of the Purchase Agreement between the Seller and the Buyer.
11.6. The use of the Internet store resource to view the Product, as well as to place an order for the Buyer, is free of charge.
11.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purpose of functioning of the online store (sending a message to the Buyer about order fulfillment, sending advertising messages, etc.).
11.8. By personally accepting the Agreement or registering on the website “meblilev.com” (filling in the registration form). , will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, transmission of advertising and special offers and information about promotions, raffle or any any other information about the store’s activities. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer’s postal address and e-mail address, as well as send SMS messages and make calls to the number specified in the application form.
11.9. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer’s databases (without additional notification to the Participant about this), to carry out lifelong data storage, their accumulation, update, change (if necessary). The buyer undertakes to protect data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, and also at the mandatory request of the competent state body).
11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12. Term of validity of this Agreement
12.1. This Agreement enters into force from the day of placing an order or registration in the online store “meblilev.com” and is valid until all terms of the agreement are fulfilled.