1. TERMS AND CONCEPTS. GENERAL PROVISIONS
1.1. For the purposes of this public sale and purchase agreement, the following terms shall have the following meanings:
1.1.1. Agreement – this public contract of sale under the terms of which the Seller undertakes to sell the Goods to an indefinite number of Buyers who contact him using remote communication (Internet) through the Numero’05 store online store posted on the website: numero05store.com. The conclusion of the contract of sale of the Goods shall be carried out in electronic form on the terms and conditions determined by the Seller.
1.1.2. Website means the website of the Numero’05 store online store located on the Internet at: numero05store.com, including all its web pages; the owner and administrator of the Website is the Seller.
1.1.3. Goods – non-food consumer goods (clothing, footwear, leather goods, accessories, etc.), which are offered for sale at a distance by means of remote communication (Internet) under the terms of this Agreement, the image and/or description of which is posted in the Numero’05 store online store (hereinafter also referred to as the Online Store).
1.1.4. The seller is an individual entrepreneur, Natalia Georgievna Amurova, the date and number of the record of state registration of an individual entrepreneur: Date of entry: 02.03.2017, entry number 25520000000017152… Address for correspondence and acceptance of any proposals, appeals, complaints: 65014, Odesa, Yuriy Olesha str. 5 b
1.1.5. The Buyer is any legally capable individual, in accordance with the current legislation of Ukraine, who, in the manner prescribed by this Agreement, has fully accepted (accepted) all its terms without exception in order to purchase the Goods for personal, household or other use not related to entrepreneurial activity.
1.1.6. Acceptance is an action by the Buyer aimed at accepting the terms of this Agreement.
1.1.7. Order – a request of the Buyer duly executed and placed via the Website for the purchase of the Goods selected by him/her. 1.1.8. Recipient of the Goods – any legally capable individual, in accordance with the current legislation of Ukraine, which is determined by the Buyer in the relevant Order for the Goods as the recipient of the Goods.
1.2. For the purposes of this Agreement, all those specified in clause 1.1. of this Agreement, the terms shall be used exclusively in the meaning specified in clause 1.1. of this Agreement, regardless of the use of these terms in the singular or plural form, or in other grammatical forms, cases and/or constructions.
1.3. All other terms not specifically defined in this Agreement shall be perceived and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business practices, as well as the purpose and subject matter of this Agreement. 1.4. General provisions.
1.4.1. This Agreement is a public offer of the Seller addressed to an indefinite number of persons and contains all the essential conditions for concluding an electronic Agreement for the sale of Goods on the terms and conditions set forth below.
1.4.2. By acceptance, the Buyer confirms its full and unconditional agreement with all the terms and conditions of this Agreement without any exceptions and limitations, and confirms that it has been familiarized with its terms and conditions prior to the date of acceptance.
1.4.5. The fact of receipt of the Order shall be confirmed by the Buyer’s receipt of an e-mail from the Seller to the e-mail address specified during the Registration, containing confirmation of receipt and further fulfillment of the Order.
2. SUBJECT OF THE CONTRACT
2.1. In the manner and on the terms and conditions set forth herein, the Seller shall transfer the Goods selected by the Buyer to the Buyer, and the Buyer shall accept and pay for the Goods in the manner and on the terms and conditions set forth herein.
2.2. The ownership of the Goods shall be transferred to the Buyer upon delivery (transfer) of the Goods and subject to full payment by the Buyer of the cost of the Goods in the manner and on the terms and conditions established by this Agreement.
3. SELECTION OF GOODS AND THE PROCEDURE FOR CONCLUDING A CONTRACT
3.1. The Buyer independently and at his own discretion selects the available and offered for sale Goods on the Website in the Online Store and: – clicks the “Add to Cart” button and independently fills out and sends to the Seller the “Ordering” form, in which, in particular, he/she must indicate his/her surname, name and patronymic, his/her contact phone number, e-mail address, the chosen payment method, the chosen method and the desired place of delivery of the Goods (if the Buyer wishes to receive the Goods with delivery), the surname, name and patronymic of the recipient of the Goods (if the Recipient of the Goods will receive the Goods),
3.2. After filling out the “Checkout” form, the Buyer must carefully read all the terms of this Agreement, and in case of acceptance (acceptance) of these terms in full, clicks the “Checkout” or “Buy” button, which is considered the fact that the Buyer has sent the corresponding Order for the selected Goods.
3.3. This Agreement is considered concluded, and the Seller’s offer to conclude this Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the “Checkout” or “Buy” button using the information system of the website: numero05store.com.
3.4. By clicking on the “Checkout” or “Buy” button The Buyer confirms that he/she has read all the terms of this Agreement before making the Acceptance, confirms his/her full and complete agreement with all the terms of this Agreement without exception, including the terms of delivery and payment for the Goods at the prices indicated on the Website of the Online Store as of the date of conclusion of this Agreement by the Buyer.
3.5. By clicking on the “Checkout” or “Buy” button The Buyer confirms that he has been duly notified by the Seller in a convenient and accessible manner in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine “On Consumer Protection” about the
– the name of the Seller, its location and the procedure for accepting the claim;
– the main characteristics and consumer properties of the Goods selected by the Buyer;
– the cost of the Goods selected by the Buyer, as well as the cost of their delivery to the Buyer;
– the method, procedure and terms of payment and delivery of the Goods selected by the Buyer;
– Seller’s warranty obligations and other services related to the maintenance or repair of the Goods selected by the Buyer (if any);
– the warranty period and service life of the Goods selected by the Buyer, the mandatory terms of use of the Goods and possible consequences in case of their non-fulfillment;
– the period of acceptance of the offer to conclude this public Agreement;
– the procedure for termination of this Agreement;
– other conditions under which the Goods are offered for sale.
3.6. By clicking on the “Checkout” or “Buy” button The Buyer confirms that prior to ordering (purchasing) the Goods in full and properly in accordance with the requirements of Article 15 of the Law of Ukraine “On Consumer Protection”, he has received all the necessary, accessible, reliable and timely information about the Goods chosen by him, which fully ensured the possibility of conscious and competent choice of this Goods.
3.7. Clicking on the “Checkout” or “Buy” button by the Buyer shall be deemed unconditional and full acceptance by the Buyer of all the terms of this Agreement without exception, as well as entry into the relevant contractual legal relations with the Seller on the basis of this Agreement.
3.8. In cases provided for by the current legislation of Ukraine, this Agreement shall be concluded in writing.
3.9.The term for processing and execution by the Seller of the Order for the Goods sent by the Buyer is up to 2 (Two) working days from the date of filling and sending by the Buyer in the manner prescribed by clauses 3.1.-3.2. of this Agreement, the form of such an Order for the Goods. If the specified Order for the Goods was sent by the Buyer on a weekend or a holiday, the term for processing and execution of this Order for the Goods shall begin on the first business day after the weekend or holiday.
3.10. Order for the Goods filled out and sent by the Buyer in the manner prescribed by clauses 3.1.-3.2. of this Agreement, shall be executed by the Seller on the appropriate form (paper medium) in two original copies. The first copy of the executed Order form for the Goods shall be transferred by the Seller to the Buyer or the Recipient of the Goods together with the ordered Goods at the time of its delivery (transfer), the second copy shall be signed by the Buyer or the Recipient of the Goods and shall remain with the Seller.
3.11. Within the period specified in clause 3.9. of this Agreement, the Seller shall:
– assign a serial number to the Order for the Goods sent by the Buyer;
– send to the e-mail address specified by the Buyer in this Order for the Goods an automatic e-mail message about the processing of this Order for the Goods, which indicates the serial number of this Order for the Goods assigned by the Seller and information about the delivery time of the Goods ordered by the Buyer (if the Buyer ordered the Goods with delivery).
3.12. The Buyer shall have the right to unilaterally withdraw from this Agreement by notifying the Seller of this fact during the entire period from the moment of its conclusion (acceptance by the Buyer of the Seller’s offer) and until the actual receipt of the ordered Goods.
4. RIGHTS AND OBLIGATIONS
4.1. The buyer has the right to:
4.1.1. require the Seller to fully and properly fulfill the terms of this Agreement;
4.1.2. refuse to accept and pay for defective or incomplete Goods or Goods that do not comply with the Order for such Goods;
4.1.3. in case of detection of defects of the purchased Goods within the established warranty period, demand from the Seller either a proportional reduction in the price of the Goods, or free elimination of defects of the Goods, or reimbursement of the costs of eliminating defects of the Goods;
4.1.4. in case of detection during the established warranty period of significant defects in the Goods that arose through the fault of the Seller – either terminate this Agreement or demand the exchange (replacement) of the purchased Goods for the same Goods of good quality or for other similar Goods offered for sale in the online store on the Site;
4.1.5. withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.6. terminate this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.7. in the event of termination or withdrawal from this Agreement, to demand from the Seller a refund of the money paid for the Goods;
4.1.8. to exercise other rights provided for by this Agreement and the applicable laws of Ukraine.
4.2. The Buyer undertakes:
4.2.1. properly and fully fulfill all its obligations under this Agreement;
4.2.2. before entering into this Agreement, carefully read its terms and conditions, as well as familiarize yourself with the cost of the Goods offered for sale in the online store on the Website, the methods and procedure for its payment;
4.2.3. before entering into this Agreement, carefully read the cost and methods of delivery of the Goods, which are posted on the page “Terms of purchase and delivery” on the Website of the Online Store;
4.2.4. accept the ordered quality and complete Goods in accordance with the procedure and on the terms and conditions established by this Agreement;
4.2.5. pay the cost of the ordered Goods within the terms, in the manner and on the conditions established by this Agreement;
4.2.6. during the warranty period, keep the relevant payment document (receipt, sales or cash receipt) confirming the sale (transfer) of the Goods;
4.2.7. perform other duties stipulated by this Agreement and the applicable laws of Ukraine.
4.3. The seller has the right to:
4.3.1. depending on the market conditions, periodically review and change the value of the Goods offered for sale on the Website in the Online Store;
4.3.2. conduct Sales and offer Promotional Offers that provide a temporary opportunity to purchase the Goods on more favorable terms than usual;
4.3.3. to exercise other rights provided for by this Agreement and the applicable laws of Ukraine.
4.4. The seller undertakes:
4.4.1. properly and fully fulfill all its obligations under this Agreement and the applicable laws of Ukraine;
4.4.2. to provide the Buyer with complete and accurate information about the Goods and their value by posting this information on the Website of the Online Store;
4.4.3. to provide the Buyer with complete and accurate information about the cost and methods of delivery of the Goods by posting this information on the Website of the Online Store;
4.4.4. within the terms, in the manner and on the conditions established by this Agreement, ensure the delivery of the Goods ordered by the Buyer to the place specified by the Buyer and in the manner chosen by the Buyer in the relevant Order for such Goods;
4.4.5. within the terms, in the manner and on the conditions established by this Agreement, ensure the transfer (delivery) to the Buyer or the Recipient of the Goods of the quality and complete Goods ordered by the Buyer in proper packaging, as well as transfer the documents specified in this Agreement together with the Goods;
4.4.6. to comply with the full and unconditional fulfillment of the Warranty obligations contained on the page “Warranty obligations” on the Website of the Online Store;
4.4.7. in the event of termination of this Agreement within the period established by this Agreement and the norms of the current legislation of Ukraine, return the funds paid for the Goods within the terms, in the manner and on the conditions established by this Agreement;
4.4.8. not to disclose information about the Buyer’s personal data that became known to the Seller in connection with the processing of the Order;
4.4.9. perform other duties stipulated by this Agreement and the applicable laws of Ukraine.
5. COST OF GOODS AND PAYMENT PROCEDURE
5.1. The cost of the Goods offered for sale in the Online Store is indicated on the relevant page of the Website and is set in accordance with the procedure provided for by the current legislation of Ukraine.
5.2. The cost of the Goods offered for sale in the Online Store includes all taxes, fees and any other, including non-tax, mandatory payments.
5.3. The Seller has the right to conduct seasonal or any other types of sales of the Goods offered for sale in the online store on the Website (hereinafter referred to as the Sale).
5.4. The Seller has the right to offer the Buyers to purchase several Goods or a combination of them at once, as well as to offer the Buyers, in case of purchase of a specific Goods specified by the Seller, to purchase another Goods specified by the Seller at a reduced price (hereinafter referred to as Promotional Offers). In this case, the Seller shall additionally indicate the following information on the Website of the Online Store:
– the content and cost of the Promotional Offer, and in case of a proposal to purchase several Goods or their combination for one price, the cost of such Goods separately;
– the terms of acceptance of the Promotional Offer, including the term of its acceptance, as well as any restrictions on its acceptance, including restrictions on the number of Goods offered for purchase on such terms.
5.5. The cost of the Goods ordered by the Buyer shall be equal to the cost of the Goods specified on the Website of the Online Store at the time of conclusion of this Agreement by the Buyer (acceptance by the Buyer of the Seller’s offer). The total cost of the Order is determined by adding the cost of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the cost of the Order.
5.6. From the moment the Buyer enters into this Agreement (the Buyer accepts the Seller’s offer), the Seller shall not be entitled to change or otherwise revise the cost of the Goods ordered by the Buyer, as well as the cost of their delivery, in any way and under any circumstances.
5.7. If the Buyer has ordered the Goods with delivery, the cost of this Goods shall include the cost of its delivery to the place and in the manner specified by the Buyer in the relevant Order for the Goods. In this case, in the payment document for the Goods (receipt, sales or cashier’s check), which is transferred to the Buyer together with the delivered Goods, the cost of the Goods and the cost of delivery shall be indicated both separately and together.
5.8. By filling out the “Checkout” form, the Buyer, at his own discretion, chooses one of the methods of payment for the cost of the Goods ordered by him, including the cost of its delivery (if the Buyer ordered the Goods with delivery), specified in the section “Terms of purchase and delivery” on the Website of the Online Store. The Buyer may pay the cost of the Order in the following ways: With your own payment card on the Site using the technical means provided by the relevant legal entity performing the functions of an Internet acquirer on the basis of the relevant agreement with the Seller. Payment by payment card is possible if it is provided by the functionality of the Site at the time of registration of the Goods (Order); Courier, directly at the time of receipt of the Goods (Order).
5.9. Payment of the cost of the ordered Goods, the value of which exceeds UAH 49,999.99, shall be made by the Buyer only by bank transfer.
5.10. Failure of the Buyer to fulfill its obligations to pay for the Goods ordered by it shall be deemed a unilateral withdrawal of the Buyer from this Agreement in full, which, accordingly, shall result in the termination in full of all obligations of the Seller arising from the Buyer’s acceptance of the Seller’s offer to conclude this Agreement.
5.11. All payments under this Agreement shall be made exclusively in the national currency of Ukraine.
6. DELIVERY AND DELIVERY (TRANSFER) OF GOODS
6.1. If the Buyer has ordered the Goods without delivery, he/she may independently receive the ordered Goods at the Seller’s address specified in the Feedback section on the Online Store Website.
6.2. If the Buyer has ordered the Goods with delivery, the Seller shall, within the period specified in the relevant automatic electronic message about the processing of the Buyer’s Order for the Goods, but in any case not later than 30 (Thirty) calendar days from the date of conclusion of this Agreement by the Buyer (acceptance by the Buyer of the Seller’s offer), deliver the ordered Goods to the Buyer or the Recipient of the Goods and hand over (transfer) the ordered Goods at the place of delivery of the Goods specified by the Buyer in the relevant Order for the Goods.
6.3. The Goods shall be delivered by the Seller in the manner and to the place specified by the Buyer in the relevant Order for the Goods.
6.4. The recipient of the Goods ordered by the Buyer is the Buyer or the Recipient of the Goods.
6.5. The cost of delivery of the Goods ordered by the Buyer shall be determined depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.
6.6. Information on the cost and possible methods of delivery of the Goods (an integral part of this Agreement) is contained on the relevant page “Payment and Delivery” on the Website of the Online Store.
6.7. Delivery of the Goods ordered by the Buyer shall be carried out by the Seller on its own or with the help of couriers and delivery services engaged by the Seller on a partnership basis, depending on the place and method of delivery specified by the Buyer in the relevant Order for the Goods.
6.8. The list of couriers and delivery services engaged by the Seller on a partnership basis (an integral part of this Agreement) is contained on the Website of the Online Store.
6.9. Delivery and delivery (transfer) of the ordered Goods by means of the delivery service of NovaPoshta LLC is carried out under this Agreement, taking into account the specifics of the terms of delivery of goods established by NovaPoshta LLC(novaposhta.ua).
6.10. The Goods shall be delivered (transferred) to the Buyer or the Recipient of the Goods in packaged form.
6.11. Together with the Goods, the Seller undertakes to transfer the Goods to the Buyer or the Recipient:
– one copy of the Order form for the Goods sent by the Buyer in accordance with the requirements of the current legislation of Ukraine, issued by the Seller in accordance with the procedure established by clauses 3.1.-3.2. of this Agreement;
– the relevant payment document of the established form (receipt, sales or cash receipt) with a note on the date of sale (date of transfer) of the Goods;
6.12. The delivery (transfer) of the ordered Goods to the Buyer or the Recipient of the Goods shall be carried out exclusively under the following conditions:
– payment by the Buyer of one hundred percent of the value of such Goods in the manner and on the terms and conditions established by this Agreement;
– presentation by the Buyer or the Recipient of the Goods of a document proving his/her identity;
– signing by the Buyer or the Recipient of the Goods of the second copy of the Order for the Goods issued by the Seller, sent by the Buyer in accordance with the procedure established by clauses 3.1.-3.2. of this Agreement.
6.13. When delivering (transferring) the ordered Goods to the Buyer or the Recipient of the Goods, the Seller or couriers and delivery services engaged by the Seller on a partnership basis that delivered such Goods, in the presence of the Buyer, shall check the compliance of the Goods with the Order for this Goods sent by the Buyer in accordance with the procedure established by clauses 3.1.-3.2. of this Agreement.
6.14. In the event that the ordered Goods do not correspond to the Order for such Goods sent by the Buyer or the Goods are of poor quality, incomplete or have any defects, the Buyer shall have the right, at its sole option, to:
– or withdraw from this Agreement;
– or demand the exchange (replacement) of this Goods for the same Goods of good quality in accordance with the Order for the Goods sent by the Buyer or for another similar Goods from among the Goods available for sale in the Online Store.
6.15. If the ordered Goods are of high quality, complete and fully comply with the relevant Order for this Goods sent by the Buyer, the Buyer or the Recipient of the Goods shall sign:
– the second copy of the Order form for the Goods and transfers it to the Seller,
– or a document of the established form of the delivery service engaged by the Seller on a partnership basis.
6.16. The signature of the Buyer or the Recipient of the Goods on the second copy of the Order form for the Goods is an unconditional confirmation of the following facts:
– receipt of the ordered Goods by the Buyer or the Recipient of the Goods;
– compliance of the ordered Goods with the Order for this Goods sent by the Buyer;
– the Buyer has no claims regarding the quality and completeness of the ordered Goods.
6.17. The risk of accidental destruction, loss or damage to the ordered Goods shall be transferred to the Buyer from the moment of delivery (transfer) of the Goods to the Buyer or the Recipient of the Goods.
6.18. This Agreement shall be deemed to be fulfilled upon delivery (transfer) to the Buyer or the Recipient of the Goods of the complete Goods ordered by the Buyer of good quality, which fully complies with the Order for this Goods sent by the Buyer.
6.19. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which are of high quality, complete and fully comply with the Order for this Goods sent by the Buyer and/or the refusal of the Buyer or the Recipient of the Goods to sign the second copy of the executed Order form for this Goods shall be considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, shall result in the termination in full of all obligations of the Seller arising from the Buyer’s acceptance of the Seller’s offer to conclude this Agreement, except for
7. QUALITY OF THE GOODS, WARRANTY OBLIGATIONS, PROCEDURE FOR FILING AND SATISFACTION OF THE BUYER’S CLAIMS
7.1. The Seller undertakes to transfer to the Buyer the Goods ordered by him of good quality, suitable for use for the purpose for which such Goods are usually used.
7.2. The quality of the Goods shall comply with the requirements established for such category of Goods in the relevant laws and regulations and regulatory documents.
7.3. The Seller shall ensure the proper use by the Buyer of the Goods purchased by him during the warranty period established by the laws and regulations, regulatory documents and the Warranty Obligations (an integral part of this Agreement) contained on the page “Warranty Obligations” on the Website of the Online Store.
7.4. The warranty period begins to run 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 relevant season, which is established by a resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994. No. 172 “On Implementation of Certain Provisions of the Law of Ukraine “On Consumer Protection”.
7.6. If the Buyer exchanges the Goods of good quality or exchanges (replaces) the Goods with significant defects, its warranty period shall be calculated anew from the date of exchange of the Goods of good quality or from the date of exchange (replacement) of the Goods with significant defects.
7.7. The warranty period shall be extended by the period for which the Seller shall eliminate defects in the Goods free of charge. The specified period shall be calculated from the day when the Buyer handed over the Goods to the Seller to eliminate its defects.
7.8. In case of detection of defects in the purchased Goods during the established warranty period, the Buyer has the right to demand:
– a proportional reduction in the price of the Goods;
– free elimination of defects in the Goods;
– reimbursement of expenses for the elimination of defects in the Goods.
7.9. In case the Buyer makes a claim for free elimination of defects in the Goods, such defects shall be eliminated by the Seller within 14 (Fourteen) days from the date of receipt of the defective Goods by the Seller or within another period by mutual agreement of the Seller and the Buyer.
7.10. In case of detection of defects in the purchased Goods during the established warranty period, the Buyer has the right to submit to the Seller one of the requirements provided for in clause 7.8 at its own discretion. of this Agreement, and in case of non-fulfillment thereof, to make another demand, which is also contained in the list of clause 7.8. of this Agreement.
7.11. In case of detection during the established warranty period of significant defects in the Goods (as defined in the Law of Ukraine “On Protection of Consumer Rights”) that arose through the fault of the Seller, or detection of facts of falsification of the Goods, confirmed, if necessary, by an expert opinion, the Buyer has the right to choose:
– terminate this Agreement with a full refund of the funds paid for the goods;
– demand the exchange (replacement) of the Goods with significant defects or falsified Goods for the same Goods of good quality or for other similar Goods from among the Goods available for sale with the corresponding recalculation of the cost of the Goods in accordance with the current legislation of Ukraine.
7.12. Provided for in clause 7.8. and clause 7.11. of this Agreement, the claims shall be considered by the Seller upon presentation by the Buyer of the relevant payment document of the established form (receipt, sales or cash receipt) with a note on the date of sale (date of transfer) of the Goods.
7.13. Provided for in clause 7.8. and clause 7.11. of this Agreement, the Buyer’s claims shall not be subject to satisfaction if the Seller proves that the defects of the Goods arose as a result of the Buyer’s violation of the rules for using the Goods or the conditions of their storage.
8. EXCHANGE AND REPLACEMENT OF GOODS
8.1. The Buyer shall have the right, within the period established by the current legislation of Ukraine, to exchange the Goods of good quality for a similar one from the Seller if the Goods do not satisfy him/her in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose.
8.2. The Goods of good quality shall be exchanged if they have not been used and if their presentation, consumer properties, seals and labels, as well as the payment document issued to the Buyer together with the sold Goods are preserved.
8.3. List of Goods that are not subject to exchange and return on the grounds specified in clause 8.1. of this Agreement, approved by the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994. No. 172 “On Implementation of Certain Provisions of the Law of Ukraine “On Consumer Protection”.
8.4. The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, shall be carried out by the Seller on the basis of a written application of the Buyer, delivered personally to the Seller’s representative or sent to the Seller’s address specified in the “Feedback” section on the Online Store Website.
8.5. The Buyer’s requests for the exchange of Goods of good quality, as well as the Buyer’s requests for the exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, shall be immediately satisfied by the Seller, but in any case no later than 14 (Fourteen) business days from the date of receipt from the Buyer specified in clause 8.4. of this Agreement statements.
8.6. The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant defects, shall be carried out by the Seller if the Buyer has the relevant payment document of the established form (receipt, sales or cash receipt) confirming the sale of the Goods to the Buyer, with a note on the date of sale (date of transfer) of the Goods.
8.7. If, at the time of the Buyer’s request to the Seller to exchange the Goods of good quality for another similar Goods, the Goods required by the Buyer for the exchange are not on sale in the Online Store, the Buyer has the right:
– or exchange the purchased Goods for any other Goods from among the Goods available for sale in the Online Store with the corresponding transfer of the value of the Goods in accordance with the current legislation of Ukraine;
– or terminate this Agreement in accordance with the procedure established by Section 9 hereof.
– or to exchange the received Goods for another similar Goods at the first time they go on sale in the Online Store. In this case, the Seller undertakes to notify the Buyer on the day such Goods are put on sale.
8.8. The Buyer’s return of the Goods of good quality, as well as the Buyer’s return of the Goods with significant defects in connection with the exchange or replacement of such Goods, shall be carried out in accordance with the procedure established by Section 10 of this Agreement.
9. PROCEDURE FOR TERMINATION OF THE AGREEMENT
9.1. The Buyer shall have the right to terminate this Agreement in the cases and within the terms provided for by this Agreement and the current legislation of Ukraine.
9.2. In addition to other cases stipulated by this Agreement, the Buyer shall have the right to terminate the Agreement by notifying the Seller from the moment of conclusion of this Agreement (acceptance by the Buyer of the Seller’s offer) and until the actual receipt of the ordered Goods, or within fourteen days from the date of receipt of the Goods. The Buyer’s application for a refund of the funds paid for the Goods sent to the Seller in accordance with the procedure established by clause 11.1 shall also be considered a notice of termination of this Agreement. of this Agreement.
9.3. This Agreement shall be deemed terminated from the moment the Seller receives the Buyer’s notice of termination of the Agreement and/or the Buyer’s application for a refund of the funds paid for the Goods.
9.4. In order to exercise its right to terminate this Agreement, the Buyer must keep and present to the Seller the relevant payment document of the established form (receipt, sales or cash receipt) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods.
9.5. Termination by the Buyer of this Agreement shall result in the return of the purchased (received) Goods to the Seller in accordance with the procedure established by Section 10 of this Agreement.
10. RETURN OF GOODS
10.1. Upon receipt of the Goods from the courier of the carrier company or the Seller, the Buyer or the Recipient of the Goods shall check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and completeness of its completeness.
10.2. In the event of at least one of the listed defects, the Buyer or the Recipient of the Goods shall record it in a free-form Act. The Act shall be signed by the Buyer and the person who delivered the Goods. If possible, deficiencies should be recorded by means of photography or video. After signing the Act on the identified defects, the Goods shall be returned to the person who delivered the Order.
10.3. In case of termination of this Agreement by the Buyer, in case of exchange of the Goods of good quality or exchange (replacement) of the Goods with significant defects, the Buyer may also return the Goods to the Seller at his address specified in the “Feedback” section on the Online Store Website.
10.4. The Goods must be returned by the Buyer in the original packaging in which he or the Recipient of the Goods received the Goods.
10.5. The returned Goods must meet the following requirements: they have not been used, their presentation, consumer properties, seals and labels, as well as the payment document issued to the Buyer together with the sold Goods have been preserved.
10.6. Goods are not subject to return, the list of which is set out in Appendix No. 3 of the Resolution of the Cabinet of Ministers of Ukraine No. 172 of March 19, 1994 “On Implementation of Certain Provisions of the Law of Ukraine “On Consumer Protection”.
11. PROCEDURE FOR REFUNDING FUNDS PAID FOR THE GOODS
11.1. Refunds paid by the Buyer for the Goods shall be made by the Seller on the basis of a written application of the Buyer / his duly authorized representative, delivered personally to the Seller’s representative or sent to the Seller’s address specified in the “Feedback” section on the Online Store Website.
11.2. To the one specified in clause 11.1. The Buyer must attach the application form:
– the relevant payment document of the established form (receipt, sales or cash receipt) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods;
11.3. The Seller shall refund to the Buyer/its duly authorized representative the money paid for the Goods in one of the following ways, depending on the method of delivery and delivery of such Goods, as well as the method of payment for the Goods:
11.3.1. Subject to cash payment for the Goods, if the delivery and delivery of the Goods was carried out by the Seller on its own:
– transfer of the corresponding amount of money to the account opened by the Buyer in a bank institution, including the card account specified by the Buyer in the application specified in clause 11.1. of this Agreement;
– or issuance to the Buyer of the corresponding amount of money in cash from the Seller’s cash desk at the address specified in the “Feedback” section on the Online Store Website.
11.3.2. Subject to cash payment for the Goods, if the delivery and delivery of the Goods was carried out with the help of couriers and delivery services engaged by the Seller on a partnership basis:
– transfer of the corresponding amount of money to the account opened by the Buyer in a bank institution, including the card account specified by the Buyer in the application specified in clause 11.1. of this Agreement;
– or issuance to the Buyer of the corresponding amount of money in cash from the Seller’s cash desk at the address specified in the “Feedback” section on the Online Store Website.
11.3.3. Subject to cashless payment using the “Pay by card on the website” service:
– transfer of the corresponding amount of money to the same account of the Buyer from which the payment for the Goods was made.
11.3.4. Subject to non-cash payment for the Goods by bank transfer by the Buyer of the relevant amount of money equal to the value of the Goods to the Seller’s current account:
– by transferring the appropriate amount of money equal to the value of the Goods to the Buyer’s bank account.
11.4. In the one specified in clause 11.1. of this Agreement, the Buyer shall indicate which of the applications specified in clause 11.3. of this Agreement, the way he wishes to receive a refund of the money paid by him for the Goods.
11.5. In case if the information specified in clause 11.1. of this Agreement, the Buyer has not chosen any of the options specified in clause 11.3. methods of returning the money paid for the Goods to the Buyer, or has not indicated an account opened in a bank institution for making such settlements with him, it is considered that the Buyer has expressed a desire to receive the corresponding amounts of money in cash from the Seller’s cash desk at the address indicated in the “Feedback” section on the Online Store Website.
11.6. The funds paid by the Buyer for the Goods shall be refunded by the Seller, provided that the Buyer returns such Goods in accordance with the procedure established by Section 10 hereof.
11.7. Refund of funds paid by the Buyer for the Goods on the basis of Art. 9, Art. 13 of the Law of Ukraine “On Consumer Protection”, shall be carried out no later than 7 (Seven) banking days from the date of receipt from the Buyer of the information specified in clause 11.1. of this Agreement statements.
11.8. In case of termination of this Agreement by the Buyer, the Buyer’s withdrawal from this Agreement, exchange of the Goods of good quality by the Buyer, exchange (replacement) of the Goods with significant defects by the Buyer, the cost of the Goods shall be recalculated in cases provided for by the current legislation of Ukraine.
11.9. When the Buyer exchanges the Goods of good quality and exchanges (replaces) the Goods with significant defects for another Goods, the Seller shall make settlements with the Buyer in the manner prescribed by Section 11 hereof.
12. RESPONSIBILITY AND DISPUTE RESOLUTION PROCEDURE
12.1. For violation of its obligations under this Agreement, the Seller shall be liable in accordance with the current legislation of Ukraine.
12.2. The Seller shall be released from liability for full or partial failure to fulfill its obligations under this Agreement if such failure was caused by force majeure.
12.3. For the purposes of this Agreement, force majeure shall mean external and extraordinary events 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 prevented their occurrence by means that could be fairly demanded and expected.
12.4. Force majeure circumstances include, but are not limited to: earthquakes, fires, floods, epidemics, epizootics, contamination by radiation or any nuclear source, transportation accidents, military operations, insurrections, riots, revolutions, strikes, terrorist acts, social conflicts, decisions of state and local authorities, blockades, embargoes, international sanctions, etc.
12.5. In case the Seller is unable to fulfill its obligations under this Agreement due to force majeure, the Seller shall immediately notify the Buyer of the occurrence, type and possible duration of events that prevent the proper fulfillment of obligations under this Agreement within 5 (five) business 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 through negotiations.
12.7. In case of failure to reach an agreement on the subject matter of the dispute through negotiations, 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 a judicial procedure established by the current legislation of Ukraine.
13. 13. OTHER TERMS AND CONDITIONS
13.1. This Agreement is a public contract (offer) for the retail sale of the Goods at a distance by means of remote communication (Internet) through the Numero’05 store online store.
13.2. The period of acceptance of the proposal (offer) for the conclusion of this public Agreement is established from the date of its publication on the Website of the Online Store until December 31, 2022. inclusive.
13.3. The Seller may withdraw or change the terms of the offer to conclude this public Agreement, as well as change the terms of this public Agreement at any time without additional notice to the Buyer.
13.4. The withdrawal or change of the terms of the offer (offer) to conclude this public Agreement, as well as the change of the terms of this public Agreement, may not be the basis for: -any revision or change of the terms or termination of the agreements already concluded by the Seller with the Buyers under the terms of this public Agreement; -the Seller’s refusal to fulfill its obligations under the agreements already concluded with the Buyers under the terms of this public Agreement.
13.5. The terms of the offer to conclude this public Agreement, as well as the terms of this public Agreement, are the same for all Buyers.
13.6. The Seller’s offer (offer) to conclude this public Agreement shall be deemed accepted by the Buyer in full from the moment the Buyer concludes this public Agreement in accordance with the procedure established by clause 3.3. of this Agreement.
13.7. The conclusion of this public Agreement (acceptance by the Buyer of the Seller’s offer) shall be deemed to be unconditional and full acceptance by the Buyer of all the terms and conditions of this public Agreement without exception, including essential terms, as well as entry into the relevant contractual legal relations with the Seller.
13.8. Confirmation of the conclusion of this public Agreement shall be as specified in clause 3.11. of this public Agreement is an automatic e-mail message sent by the Seller to the Buyer about the processing of the Order for the Goods.
13.9.Full information about the Goods offered for sale in the Online Store under the terms of this public Agreement, as well as the information specified in clause 3.5. of this Agreement is available on the Website of the Online Store.
13.10. The invalidation, nullity or expiration of certain terms of this public agreement shall not result in the invalidation, nullity or expiration of any other terms of this public agreement.
13.11. By entering into this public Agreement, the Buyer gives its full and unlimited consent to receive from the Seller via SMS, e-mail, social networks, etc. information messages about the news of the Online Store, as well as about Promotional Offers and Sales of Goods conducted by the Seller in the Online Store. At the same time, the Buyer has the right to refuse to receive these information messages at any time by filling out an electronic form on refusal to receive the Seller’s information messages on the Website of the Online Store, or to indicate his refusal to receive these information messages when filling out the “Ordering” form.
13.12. By filling out the “Ordering” form and/or completing the registration procedure on the Online Store Website, the Buyer gives his full and unlimited consent to:
– the Seller (the owner and manager of the personal data base) entering the information provided by the Buyer into the Buyers’ personal data base, including information that is considered personal data in accordance with the current legislation of Ukraine;
– dissemination by the Seller of information about the Buyer, including information that is considered personal data in accordance with the current legislation of Ukraine, to third parties, including couriers and delivery services engaged by the Seller, solely for the purposes provided for in clause 13.13. of this Agreement;
– dissemination by the Seller of information about the Buyer, including information that is considered personal data in accordance with the current legislation of Ukraine, in cases expressly provided for by the current legislation of Ukraine.
13.13. By filling out the “Ordering” form and/or completing the registration procedure on the Online Store Website, the Buyer gives his full and unlimited consent to the processing and use of information about the Buyer by the Seller, including information that is considered personal data in accordance with the current legislation of Ukraine, solely for the following purposes:
– for the purpose of registration and identification of the Buyer in the Online Store;
– to update the Buyer’s registration password in the Online Store;
– for marketing purposes, namely: notifying the Buyer via SMS, e-mail, social networks, etc. about the news of the Online Store, Promotional Offers and Sales of Goods conducted by the Seller in the Online Store, analyzing the market for the consumption of the Goods, determining the circle of potential Buyers, determining the needs of potential Buyers for the Goods offered for sale, etc;
– in order for the Seller to fulfill its contractual obligations to the Buyer in good faith, including obligations to deliver the Goods;
– in order for the Seller to comply with the requirements of the current legislation of Ukraine, including the legislation on consumer protection.
13.14. The Buyer’s personal data is processed in accordance with the Law of Ukraine dated June 01, 2010 No. 2297-VI “On Personal Data Protection”.
13.15. The legal relations arising from this public Agreement shall be governed by the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine “On Protection of Consumer Rights”, the Law of Ukraine “On E-Commerce”, the Rules for the Sale of Goods to Order and Outside Commercial or Office Premises, approved by the Order of the Ministry of Economy of Ukraine dated 19.04.2007. №103.
13.15. On all matters not reflected in this public Agreement, the Parties shall be governed by the applicable laws of Ukraine.