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Under this Agreement, one party the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter together - the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited circle of persons, which is the official public offer of the Seller to conclude a contract with the buyer for the sale of the Goods, the photos of which are posted in the relevant section of the website
The Sellers intend to sell the Goods using the Website https://lisosad.com.ua/en/ and the Buyers, when purchasing the Goods, the images of which are posted on the relevant pages of the Website https://lisosad.com.ua/en/, accept terms of this Agreement as follows.
1. GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is drawn up in the form of a public offer agreement. Pressing the "ORDER" button on the Site page https://lisosad.com.ua/en/ in the relevant section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, took to fulfill the terms of the Public Offer Agreement, which are listed below.
1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 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, payment and delivery of goods by the Seller, responsibility for an unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force from the moment the "ORDER" button is pressed, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and fully settles with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes other rules than those established by Ukrainian legislation, then the rules of the international treaty shall apply.
2. TERMS AND DEFINITIONS
"Public offer agreement" - a public agreement, a sample of which is posted on the website https://lisosad.com.ua/en/ and the use of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the website website https://lisosad.com.ua/en/, sent to an indefinite circle of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the seller's offer to purchase the Goods, the image of which is posted on the website https://lisosad.com.ua/en/, by adding it to the virtual basket and sending the Order.
"Goods" - an item of trade (product, model, accessory, components and related items, any other items of trade), the purchase of which is posted on the website https://lisosad.com.ua/en/ by the seller.
"Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with the current Ukrainian legislation, who visited the Site https://lisosad.com.ua/en/ and intend to purchase this or that product.
"Seller" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who are the owners or distributors of the Goods and with the help of the Website https://lisosad.com.ua/en/ have the intention to sell.
"Order" - duly executed and posted on the website https://lisosad.com.ua/en/ the Buyer's application for the purchase of the Goods is addressed to the seller.
"Legislation" - the norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.
"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.
3. SUBJECT OF THE CONTRACT
3.1. The Seller undertakes, on the terms and in the manner specified by this Agreement, to sell the goods on the basis of the Order placed by the Buyer on the relevant page of the Site https://lisosad.com.ua/en/, and the Buyer undertakes, on the terms and in the manner specified in this Agreement, buy the Goods and pay money for it.
3.2. The Seller guarantees that the Goods will be pledged, is not the subject of a dispute, is not under arrest, and there are no rights of third parties to it.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or deceit.
3.4. The Seller confirms that all the necessary permits for the implementation of economic activities that regulate the scope of legal relations arising and are valid in the process of execution of this Agreement, and also guarantees that he has the right to manufacture and / or sell goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the rights of the Buyer in the process of execution of this Agreement and the sale of goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged:
- comply with the terms of this Agreement;
- fulfill the orders of the Buyer in case of receipt of payment from the Buyer;
- transfer the goods to the buyer according to the selected sample on the relevant page of the Site https://lisosad.com.ua/en/, the placed order and the terms of this Agreement;
- check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
- inform the buyer about a possible additional commission when paying for orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
4.2. The seller has the right:
- unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged:
- timely pay and receive an order on the terms of this Agreement;
- read the information about the Goods posted on the website https://lisosad.com.ua/en/;
- upon receipt of the Service Goods, carried out its delivery, verify the integrity and completeness of the Goods by examining the contents of the package. If the Goods are damaged or incomplete, fix them in the act, which, together with the Buyer, must sign the service that delivered it to the Buyer.
5.2. The buyer has the right:
- place an order on the corresponding page of the Site https://lisosad.com.ua/en/;
- require the seller to fulfill the terms of this Agreement;
- to be informed about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6. ORDER PROCEDURE
6.1. The Buyer independently places an order on the corresponding page of the Site https://lisosad.com.ua/en/ by adding the Products to the virtual basket by clicking the "Add to basket!" site contacts https://lisosad.com.ua/en/.
6.2. The term of formation of the Order is up to 3 working days from the moment of its registration. If the Order is sent on a weekend or holiday, the formation period starts from the first working day after the holiday.
7. PRICE OF THE CONTRACT AND PROCEDURE OF PAYMENT
7.1. The price of each individual Goods is determined by the Seller and indicated on the relevant page of the Site https://lisosad.com.ua/en/. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, determined depending on the method of delivery in accordance with the terms of section 8 of this Agreement.
7.2. The cost of an order may vary depending on the price, quantity or range of goods.
7.3. The buyer can pay for the order in the following ways:
- By bank transfer of money to the current account of the Seller specified in the invoice, incl. using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
- Payment after payment upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place of ordering the goods.
- Credit card of the following type:
• Visa
• Visa Electron
• Mastercard
• Mastercard Electronic
• Maestro - in any other way as agreed with the Seller.
Note. When the Buyer pays for an order with a payment card, an additional commission may be charged by the issuer of this card or a financial company that provides acquiring services, in particular, when the Buyer pays for an order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, maestro. By clicking on the Site page https://lisosad.com.ua/en/ in the relevant section of the "ORDER" button, it means that the Seller informed the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders, the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
8. TERMS OF GOODS DELIVERY
8.1. The buyer receives the goods by delivery or receives it personally. Shipping costs are not included in the price of the goods.
8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, it is carried out by other delivery services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own schedule in the consignment note, declaration of the Carrier Company, or in the delivery note upon receipt of the goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address indicated by the Buyer in the application or the Buyer's refusal to receive the Goods for unreasonable reasons, upon delivery by the courier of the carrier company, the goods are returned to the shipment shopping center. Payment for the services of the Carrier Company is deducted from the amount transferred by the buyer for the Goods. The balance of the amount is returned to the Buyer on the basis of his letter sent to the e-mail: sales@lisosad.com.ua indicating the current account to which the funds should be returned.
All questions that arose in the process of payment and receipt of the Goods, the Buyer can find out by contact information in the Contacts section.
9. RETURN TERMS
9.1. In accordance with Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the buyer has the right to exchange goods of good quality within fourteen days, not counting the day of purchase, unless a longer period is declared by the seller. The Buyer has the right to exchange the Goods subject to the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Product, such return is carried out in accordance with the section of the site located at the link https://lisosad.com.ua/ru/index.php?route=information/contact or by filling out the request form for the return of goods at the link https://lisosad.com.ua/en/index.php?route=account/return/add, subject to the terms and conditions of the carrier or courier in force on the territory of Ukraine or on the territory of another country in accordance with the place of receipt of the goods.
9.3. If there is at least one of the shortcomings, the Buyer is obliged to fix it in a folded act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the seller. If possible, imperfections should be recorded by means of photography or video filming. Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing an order for the goods) about the identified deficiencies and agree on a replacement of the goods.
9.4. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure (clause 9.3.), It is recognized that the Buyer received the Goods in proper condition - without any mechanical damage and in full.
10. RESPONSIBILITIES OF THE PARTIES AND RESOLUTION OF DISPUTES
10.1. 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 international and Ukrainian legislation.
10.2. In the event of disputes related to the implementation by the Parties of this Agreement, with the exception of disputes regarding the collection of debts from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with the collection of debts from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its execution, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJOR EVENT
11.1. The Parties shall not be liable for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are really beyond the control of such a party, occurred after the conclusion of this Agreement, are unpredictable and inevitable character.
Force majeure events include, but are not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the execution of this Agreement.
11.2. The Party for which it has become impossible to fulfill obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which the execution was delayed due to the listed circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other Party in writing. Despite the onset of force majeure, before termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
Despite the onset of force majeure, before termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
12. OTHER CONDITIONS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending promotional messages, etc.).
12.2. Own acceptance of the Agreement or registration on the website https://lisosad.com.ua/en/ (filling out the registration form) The Buyer voluntarily agrees to the collection and processing of his own personal data with the following purpose: data that becomes known to be used for commercial purposes , including for processing orders for the purchase of goods, obtaining information about the order, transmitting by telecommunication means of communication (by e-mail, mobile communication) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website https:/ /lisosad.com.ua/en/.
For the purposes provided for in this paragraph, the Buyer 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 number specified in the questionnaire.
12.3. The Buyer gives the right to process his personal data, including: placing personal data in databases (without additional notice), storing data for life, accumulating, updating, changing (as necessary). The Seller 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 these purposes, as well as to the mandatory request of the competent state organ).
12.4. 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.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.