Trading through an online store is “distance trading” in the sense of current legislation of Ukraine.
The contractual relationship between you, as the buyer of goods and the seller (online store https://minox.ua/) is made out in the form of the Public contract.
Clicking in the online store https://minox.ua/ on the ordering page of the button “place an order” means that you, as a buyer, according to the current legislation of Ukraine, have fulfilled the terms of the Public Contract, which are listed below.
purchase and sale of goods
Kyiv “14” May 2021
INDIVIDUAL ENTREPRENEUR Demisheva Iryna Volodymyrivna, acting personally on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations, number № 22030000000026062, entry date 05.07.2018, hereinafter referred to as “Seller” , and
An individual (final consumer) who, in accordance with h. 2 st. 638 and h. 2 st. 642 of the Civil Code of Ukraine in the case of acceptance of the following essential conditions and payment of the value of the Goods thus accepts the Public Offer set forth in this Agreement and becomes the “Buyer” of the Goods under the Agreement,
hereinafter collectively referred to as the “Parties”,
entered into this Public contract of sale of goods (hereinafter – the Agreement) on the following:
All terms and conditions of the Agreement set forth in this Public Offer are binding on the Seller and the Buyer.
Before ordering the Goods from the Seller, the Buyer is obliged to read the terms of sale, delivery, delivery of the Goods to the Buyer, specified on the Seller’s Website. If the Buyer does not agree with such conditions, he is not entitled to order the Goods and accept the Public Offer set forth in this Agreement.
After payment for the Goods, the Buyer is considered familiar with all the terms of this Agreement and agrees to all such terms, undertakes to comply with them.
The Agreement is concluded by the Buyer choosing the Goods on the Seller’s Site in accordance with the instructions published on such site and subsequent payment by the Buyer of the value of such Goods from the Buyer’s personal bank card in accordance with the terms of the Agreement. Such actions of the Buyer in their entirety are considered acceptance of acceptance and all essential terms of the Agreement, without the need to sign a written copy by the parties.
This Agreement has full legal force in accordance with Art. 633 of the Civil Code of Ukraine. The Buyer is fully responsible for the accuracy and completeness of the information provided by him in the Acceptance of the Public Offer contained in this Agreement.
Unconditional Acceptance of the terms of this Agreement, which in accordance with Art. Art. 205, 638, 642 of the Civil Code of Ukraine indicates the intention of the Buyer to enter into this Agreement and receive the Goods on the terms specified in the Agreement, is the Buyer’s implicit actions related to payment for the Goods to the Seller.
1. DEFINITION OF TERMS
Terms used in this Agreement mean:
Public offer – an offer of the Seller addressed to any natural person in accordance with Article 641 of the Civil Code of Ukraine for the purpose of concluding between the Seller and such natural person this Public Contract of sale of goods, on the terms contained in this Agreement.
Agreement – this Public contract of sale of goods, concluded between the Seller and the Buyer on the terms of the Public Offer at the time of Acceptance by the Buyer of its terms.
Acceptance – the full and unconditional consent of the Buyer to enter into this Agreement under the conditions specified in the Public Offer described in it. Acceptance is made by the Buyer by ordering and paying for the Goods on the Seller’s Website.
Seller’s website – the Seller’s website hosted on the Internet at https://minox.ua
Goods – any Goods placed in the catalog on the Seller’s Site and which are subject to sale to the Buyer under the conditions specified in this Agreement.
The remaining terms used in the Agreement are determined in accordance with the current legislation of Ukraine and business practice in the field of application of this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller undertakes to transfer the Goods to the Buyer within the terms specified on the Seller’s Site, and the Buyer undertakes to accept the specified Goods and pay for it a certain amount of money (the value of the Goods).
2.2. The name, list, quantity, value of the Goods are determined by the results of the Buyer’s order made by him in electronic form on the Seller’s Website and are integral parts of this Agreement.
2.3. The Buyer may further use the Goods in a manner not prohibited by this Agreement and current legislation of Ukraine.
2.4. The Parties agree that all documents related to the delivery of the Goods by the Seller to the Buyer, signed by the Parties and / or issued by one Party to the other, are issued exclusively within the scope of this Agreement and the relations between the Parties arising after signing or receiving whether these documents contain references to this Agreement.
2.5. This Agreement applies to the territory of Ukraine and other countries (without restrictions) on the principle of extraterritoriality of the Internet.
3. DELIVERY OF GOODS
3.1. Delivery of the Goods is carried out by courier and / or postal services. The parties agreed that in the choice of courier service, priority is given to a group of companies operating under the Nova Poshta brand. The Seller must ensure the delivery (delivery) of the Goods to the courier / postal service within the period specified on the Seller’s Website.
3.2. Ownership of the Goods and risks of loss, damage to the Goods arise at the Buyer at the time of transfer of the Goods by the Seller to the courier / postal service for sending to the Buyer, which is fixed by the document of acceptance of the Goods by the Seller. The Parties acknowledge that such a document is a proper and sufficient primary document confirming the fact of acceptance-transfer of the Goods from the Seller to the Buyer.
3.3. Receipt by the Buyer of the Goods in the courier / postal service department is carried out by him according to the rules of such courier / postal service.
3.4. The Seller undertakes to deliver the Goods within a reasonable time, but in any case not later than 30 (thirty) days from the date of receipt by the Seller of payment of its value from the Buyer, unless otherwise stated on the Seller’s Website and in the Rules of sale or office premises, approved by the Order of the Ministry of Economy of Ukraine №103 of 19.04.2007
3.5. The date specified in the document on acceptance of the Goods by courier / postal service from the Seller is the date of delivery of the Goods to the Buyer.
3.6. Delivery / re-delivery / delivery in case of replacement of the Goods are paid by the Buyer to the postal / courier service.
4. QUALITY OF GOODS
4.1. The Seller is responsible for the defective Goods to the Buyer.
4.2. The Goods must be suitable for the purpose for which the Goods of this kind are normally used, but in any case within the functional purpose of the Goods provided for by its manufacturer (manufacturer).
4.3. In case the Buyer discovers the Goods of improper quality within 3 working days from the date of its receipt, the Buyer has the right to make a claim to the Seller in this regard.
4.4. In the case provided for in paragraph 4.3. of this Agreement, in the presence of the Parties the corresponding Act is made. Such an Act is the basis for the Buyer to present to the Seller the requirements specified in p. 4.5. of this Agreement.
4.5. The Buyer has the right to demand free elimination of defects of low-quality Goods, and in case of impossibility of such elimination – to demand its replacement.
4.6. The Seller, having received a claim submitted within 3 days from the date of receipt of the Goods, having considered (and, if there are grounds for its legal satisfaction – satisfying it), is obliged to eliminate the defects of substandard Goods, and if this is not possible – replace it for the same quantity of quality Goods or offer the Buyer Goods with similar characteristics (if any).
4.7. The cost of the Goods for replacement provided for in p. 4.6. of this Agreement must correspond to the value of the defective Goods.
4.8. The Buyer has the right to refuse to receive the Goods with similar characteristics instead of the defective Goods.
4.9. The Seller has the right to inform the Buyer about the impossibility to replace the defective Goods and / or the impossibility of delivery of the Goods with similar characteristics and cost provided for in p. 4.7 of this Agreement.
4.10. In the cases provided for in p. 4.8 and / or 4.9 of this Agreement, the Seller shall return the money to the Buyer for the defective Goods at the written request of the Buyer (but in any case only after the return of the defective Goods by the Buyer to the Seller). The Buyer’s written request for the purposes of this clause of the Agreement means the original of the refund letter provided by the Buyer to the Supplier.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The buyer has the right to:
5.1.1. To control the process of delivery of the Goods within the terms established by this Agreement.
5.1.2. To control the quality and completeness of the Goods delivered under this Agreement (at the time of acceptance).
5.2. The buyer must:
5.2.1. Timely and in full (on the terms of 100% prepayment) to pay for the Goods delivered under the terms of this Agreement.
5.2.2. Properly accept the delivered Goods and the corresponding goods receipt and / or other appropriate document.
5.3 The seller has the right to:
5.3.1. Timely and in full to receive payment for the Goods;
5.3.2. For early delivery of the Goods with the consent of the Buyer;
5.3.3. Refuse to fulfill obligations to deliver the Goods and terminate this Agreement unilaterally in the event of any breach by the Buyer of the terms of this Agreement. In this case, the Buyer’s expenses incurred by him for the performance of this Agreement shall not be refunded to the Buyer and shall be considered as a fine (penalties) paid by the Buyer to the Seller under the Agreement.
6.4. The seller must:
6.4.1. Ensure delivery of the Goods within the time specified on the Seller’s Website and this Agreement;
6.4.2. Ensure delivery to the Buyer of the Goods, the quality of which meets the conditions established by Section 4 of this Agreement.
6. CALCULATION PROCEDURE
6.1. The Buyer pays 100 (one hundred) percent of the value of the Goods selected by him on the Seller’s Site in full prepayment, making an electronic (non-cash) transfer of funds to the current bank account of the Seller by technical means available on the Seller’s Site.
6.2. Settlements between the Parties shall be made in the national currency of Ukraine – hryvnia.
6.3. The fact of payment is considered confirmed from the moment of receipt of funds on the Seller’s account.
7. TERM OF THE AGREEMENT
7.1. The term of the Agreement is determined by the period of time between the Buyer’s order of the Goods made on the Seller’s Website and the delivery of such Goods to the Buyer (courier / postal service). In terms of settlements, the Agreement in any case remains valid until full settlement by the Buyer with the Seller under this Agreement.
7.2. The expiration of the Agreement does not release the Parties from liability for its violation that occurred during the validity of this Agreement.
8. LIABILITY OF THE PARTIES TO THE AGREEMENT
8.1. In case of breach of their obligations under this Agreement, the Parties shall bear the responsibility specified in this Agreement and the current legislation of Ukraine. Violation of the obligation is its non-performance or improper performance, ie performance in violation of the conditions specified in the content of the obligation.
8.2. In case of non-performance or improper performance by the Buyer of the obligations provided by this Agreement, the Seller has the right to suspend the performance of its obligations under the Agreement.
8.3. In case of prolonged (more than 14 calendar days) or repeated violation by the Buyer of the terms of the Agreement, the Seller has the right to terminate the Agreement unilaterally by notifying the Buyer.
8.4. A Party that has not complied with the terms of this Agreement shall reimburse the other Party for damages incurred by the other party in connection with such non-performance.
8.5. The Buyer undertakes to use the Goods only in a legal manner and not to transfer to the Seller liability for damages of any kind incurred by the Buyer or a third party during the use of the Goods by the Buyer. The Seller is not liable to third parties in connection with the use of the Goods by the Buyer.
8.6. Any liability of the Seller under the Agreement is limited to the amount of money received by him from the Buyer under this Agreement.
8.7. The Seller is not liable to the Buyer if at the time of delivery of the Goods to the Buyer or thereafter the Goods do not meet the subjective expectations of the Buyer.
8.8. If the goods do not meet the requirements of quality, completeness, contain defects, the Parties shall use the procedures specified by the Civil Code of Ukraine, the Law of Ukraine “On Consumer Protection” and this Agreement.
9. SETTLEMENT OF DISPUTES
9.1. The Parties undertake to make all necessary and expedient efforts to ensure that any disputes which may arise in the performance of or in connection with the terms of the Agreement are settled amicably as a result of the negotiations.
9.2. The Buyer may contact the Seller using the communication channels specified on the Site. Applying through such communication channels does not deprive the Buyer of the right to apply with a written claim to the Seller in the manner prescribed by current legislation of Ukraine.
9.3. Claims of the Buyer are considered in the order, in time and in accordance with the current legislation of Ukraine.
9.4. In case of impossibility to resolve the dispute amicably, such dispute shall be considered by the relevant court in the manner and under the jurisdiction provided by the current legislation of Ukraine.
10. FORCE MAJOR CIRCUMSTANCES
10.1. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement, if such non-performance is a consequence of force majeure and their consequences (force majeure – fire, flood, earthquake or other natural disasters, international sanctions, hostilities, wars , revolutions, coups, strikes, acts of sabotage and terrorism, robberies, accidents in the power supply and communication system, hacker (including DoS) attacks, epidemics, pandemics, the adoption of regulations by the state authorities of Ukraine, making it impossible performance of this Agreement, etc.), which directly affect the implementation of this Agreement and arose after its conclusion.
10.2. A Party that is unable to fulfill its obligations under the Agreement as a result of force majeure and their consequences shall, within 10 days from the entry into force of such circumstances, notify the other Party in writing of the beginning or end of these circumstances, and also provide documentary evidence of their existence. Failure to notify or untimely notification of the circumstances of force majeure deprives the Party concerned of the right to refer to these circumstances as exempt.
10.3. The occurrence of circumstances of force majeure at the time of delay in the performance by a Party of its obligations under the Agreement deprives that Party of the right to refer to these circumstances as a ground that releases from liability under the Agreement.
10.4. Confirmation of force majeure is a certificate of the CCI of Ukraine or another authorized body.
10.5. Execution of this Agreement, in full or in part, is suspended for the duration of force majeure. If the force majeure lasts longer than 3 months – the Seller decides to terminate it unilaterally.
11. OTHER CONDITIONS
11.1. The rights and obligations of the Buyer under this Agreement may not be transferred to another natural or legal person without the written permission of the Seller.
11.2. The provisions of the Agreement on the value of the Goods and the procedure for payment between the Parties are confidential information that neither Party has the right to disclose without the prior consent of the other Party, except as expressly provided by law and the scope of disclosure lawfully permitted by the Parties. public form of the transaction.
11.3. In case of change of location and / or other details during the validity of this Agreement, the Buyer must notify the Seller of such change within ten days from the date of such changes.
11.4. Changes and additions to this agreement are made unilaterally by the Seller by publishing a new version of the Public Agreement on the Seller’s Website with a warning of an unlimited number of potential buyers of such publication of a new version of the Agreement on the Seller’s Website no later than 20 days before its execution. The Annexes to this Agreement (if any) are an integral part thereof.
11.5. In all matters not regulated by this Agreement, the Parties shall be governed by the current legislation of Ukraine. The invalidity of certain provisions of the Agreement does not entail the invalidity of the Agreement as a whole.
11.6. The contract is concluded in Ukrainian in the form of a public contract. The Agreement shall enter into force upon the Buyer’s Acceptance of the Public Offer and payment in accordance with Section 6 of the Agreement for at least 1 (one) unit of the Goods from the catalog contained on the Seller’s Website.
11.7. The parties stipulated that when concluding this Agreement to meet the requirements of Part. 2 st. 12 of the Law of Ukraine “On Personal Data Protection” (hereinafter – the Law) the Buyer, as a personal data subject, gives its voluntary and unambiguous consent to the Seller, as the owner of the personal database of customers, including employees of the Seller, third parties his instruction in accordance with their professional or official or labor duties, all actions that, in accordance with the Law, are the processing of his personal data in accordance with the stated purpose of their processing. The purpose of processing the personal data of the Buyer under this Agreement is to ensure the implementation of relations in the field of this Agreement.
11.8. The Buyer gives consent to the Seller to transfer (distribute) his personal data, which are included in the database of personal data of customers in order to ensure the specified purpose of processing and making payments under the Agreement. Access to the Buyer’s personal data included in the database of personal data of customers, third parties is allowed in the case and in the manner prescribed by the legislation of Ukraine.
11.9. Upon concluding this Agreement, the Buyer grants the Seller the right to determine the order of access of third parties to his personal data included in the personal database of customers. The Buyer does not require the provision of notification of the transfer of his personal data included in the personal database of customers, if such transfer (distribution) occurs solely to ensure the specified purpose of processing and settlement under the Agreement. This consent is granted for the entire term of the Agreement.
11.10. By concluding this Agreement, the Buyer confirms that he has been notified (without additional notice) of the rights defined by the Law of Ukraine “On Personal Data Protection” and the purpose of the subjects of processing of his personal data. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood.
11.11. The Buyer agrees to receive advertising and other messages by e-mail and via short message services (SMS), Viber, Telegram, etc., relating to the provision of services under this Agreement and / or to inform the Seller’s news. / Seller’s Site / shares implemented by the Seller, etc. Such messages are not considered spam by the parties.
10.17. The Seller under the Agreement is a single tax payer of the 2nd group in the sense of the current legislation of Ukraine.
FOP Demisheva IV
380805, Dnipropetrovsk region, town Slobozhanske, street Peace, 5
in Raiffeisen Bank Aval JSC
USREOU code 3008920966