Contract offer
This Agreement is a public agreement - a Public Offer Agreement, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the buyer accepts the conditions and procedure for placing an order, paying for the goods, delivering the goods.
The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated 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 dated April 19, 2007.
This agreement is in the nature of a public offer, is the equivalent of an "oral agreement" and, in accordance with the current legislation of Ukraine, has proper legal force.
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 all the essential conditions for organizing a sale and purchase remotely, that is, through an online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine, full and consistent acceptance of the terms of a public contract, that is, a public offer of an online store, is the fact of placing an order in accordance with clause 4 of this Agreement and paying for the order in the amount of 100% on the terms of this agreement.
1.4. By entering into the Agreement, the Buyer confirms that he is fully and fully acquainted with and agrees to its terms, and also, if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as for receipt of invoices, acts and other documents Permission to process personal data is valid for the entire duration of the Agreement. In addition, the conclusion of this Agreement, the Buyer confirms that he was notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection. The scope of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understandable to him.
2. Terms and definitions
2.1. "Internet store" - the Seller's website ("baumwerk.com.ua"), created for the conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer's familiarization with the description of the Goods proposed by the Seller in the photographs, via the Internet, which, however, does not exclude the opportunity to familiarize the Buyer with the Goods by prior agreement with the Seller
2.2. "Product" - a list of assortment items presented in the online store.
2.3. "Personal data" - any information that is directly or indirectly related to a specific person, or to a person who is identified.
2.4. "Significant defect of the Goods" - a defect that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it appears again for reasons independent of the consumer and is endowed with at least one of the following signs :
a) it can't be eliminated at all;
b) fixing it takes more than fourteen calendar days;
c) it makes the product substantially different from what is stipulated in the contract.
3. Subject of the contract
3.1. The online store undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay and accept the goods on the terms of this agreement.
3.2. This agreement regulates the purchase and sale in the online store, including:
а) voluntary choice by the Buyer of goods in the online store;
b) selfNew registration by the Buyer of the order on the website in the online store;
c) placing an order by the Buyer or using telephone means of communication;
d) payment by the Buyer of an order placed in the online store;
d) execution and transfer of the order to the Buyer under the terms of this agreement.
4. How to place an order
4.1. The buyer independently places orders online in the online store or using telephone means of communication using the contacts indicated in the online store.
5. Cost and payment procedure for goods
5.1. Payment by bank card - Payment by bank card through the payment system LiqPay.
5.2. Bank transfer - After agreeing on the order, we will send an invoice for payment in an automatically generated letter.
5.3. Payment after receipt - payment is possible upon receipt of the order in the delivery service (cash on delivery).
6. Order delivery
6.1. Nova Poshta, Ukrposhta, Justin - (at the expense of the buyer) *
Delivery within Ukraine is carried out by the Nova Poshta service.
You can pick up the parcel at the Nova Poshta branch or checkout courier delivery to the address. * For any order amount!
6.2. Pickup (free)
6.3 Shipment of goods to the Buyer usually occurs within 1 to 7 days, unless other terms are agreed separately.
6.4. When ordering bulk lots, the terms and methods of delivery are agreed separately in each case.
6.5. The seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).
7. The procedure for the exchange and return of goods of good quality
7.1. The buyer has the right to exchange the Goods of good quality for a similar one from the seller from whom it was purchased, if the goods did not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose under the following conditions: < />
A) the goods for exchange were provided to the Seller within no more than fourteen days, not counting 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 presentation, consumer properties, seals are preserved , labels, films, the integrity of the packaging of both the product itself and its components is not violated;
C) the product does not contain scratches, chips, abrasions, 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 payment document issued to the Buyer along with the sold Goods.
7.2. If 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. Transportation costs for the delivery of the Goods upon exchange under clause 7.1. rely on the Buyer.
7.4. When exchanging a product, its warranty period is calculated again from the date of exchange.
7.5. 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 existing assortment with the corresponding transfer of cost, or terminate the contract and receive money back in the amount of the cost of the returned product, or exchange the product for a similar one at the first upon receipt of the corresponding product on sale.
8. Rights and obligations of the parties
8.1. Buyer must:
a) read the informationinformation about the Goods posted on the Seller's website;
b) independently place an order on the website or using telephone means of communication in the online store;
c) timely pay and receive the order from the Carrier on the terms of this contract;
<r> upon receipt of the goods from the carrier, verify its integrity and completeness by inspecting the contents of the package. In case of detection of damage and incomplete packaging, fix them in a report, which, together with the Buyer, must be signed by an employee of the carrier.
8.2. The buyer has the right to demand that the online store comply with the terms of this agreement.
8.3. The online store must:
a) comply with the terms of this agreement;
b) transfer the goods to the Buyer in accordance with the selected sample placed in the online store, the order placed 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 an action or inaction of third parties.
8.4. The online store has the right to unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
9. The order of acceptance of goods by the Buyer
9.1. Upon receipt of 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 package, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and completeness.
9.2. If at least one of the listed shortcomings is present, the Buyer is obliged to fix it in the drawn up act of any form. The act must be signed by the buyer and an employee of the carrier or seller. If possible, imperfections should be recorded by means of photography or video filming. Within 1 (one) day, the Buyer is obliged to notify the manager (representative of the Seller responsible for placing an order for the Goods) about the identified deficiencies and agree on the replacement of the Goods, while filling out a claim form for the return of the Goods.
9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer shall be deemed to have received the Goods in proper condition - without any mechanical damage and in full.
10. Warranty
10.1. During the warranty period, the Seller undertakes the obligation to free warranty repair or replacement of the relevant Goods if defects are found.
11. Responsibility of the parties
11.1. The Parties are responsible 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.
11.2. In the event of force majeure, the parties are exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure means events of an extraordinary, inevitable, unpredictable nature, excluding or objectively preventing the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent reasonable measures.
11.3. Referring to the action of force majeure circumstances, within 5 calendar days, in writing by e-mail, notify the other party of the occurrence of such circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other Party in writing.
11.5. The Parties shall make every effort to resolve any differences solely through negotiations.
12. Other conditions
12.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the website "baumwerk.com.ua"
12.2. Internet - a store created to organize a remote method of selling goods via the Internet.
12.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.
12.4. The buyer is responsible for the accuracy of the information specified when placing an order.
12.5. Payment by the Buyer of the order placed in the online store means the full consent of the Buyer with the terms of the Sale and Purchase Agreement (public offer of the Online Store) and is the date of conclusion of the Sale and Purchase Agreement between the Seller and the Buyer.
12.6. The use of the resource of the Internet store to view the goods, as well as to place an order, is free of charge for the Buyer.
12.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of operating the online store (sending a message to the Buyer about the completion of the order, sending advertising messages, etc.).
12.8. By own acceptance of the Agreement or registration on the website "baumwerk.com.ua" (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his own personal data in the Seller's registered database "Counterparties" for the purpose of: data that becomes known for purposes, including for processing orders for the purchase of goods, obtaining information about the order, sending advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the store by telecommunications (e-mail, mobile communications). For the purposes provided for in this paragraph, the Seller has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the telephone number specified in the questionnaire.
12.9. The Buyer gives the Seller the right to process his personal data, including: placing personal data in the Buyer's databases (without additional notice to the Participant about this), storing data for life, accumulating, updating, changing (as necessary). The Buyer undertakes to ensure the protection of 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 directly process data for the specified) purposes, as well as at the mandatory request of a competent government agency).
12.10. 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 promotional materials, sending it to the postal or e-mail address.
11.6. If it is impossible to eliminate them, the parties have the right to apply for judicial protection of their interests.
13. Validity of this agreement
13.1. This agreement comes into force from the day of placing an order or registering in the online store "baumwerk.com.ua" and is valid for the fulfillment of all the terms of the agreement.
8. Other
8.1. The online store reserves the right to expand and reduce the product offer on the Site, regulate access to the purchase of any goods, and also suspend or stop the sale of any goods at its own discretion.
8.2. This Agreement shall be considered in the form as it is published on the Site, and shall be applied and interpreted in accordance with the laws of Ukraine.