Public contract for the sale of goods at a distance via the Internet
The text of the Agreement set forth below is addressed to individuals permanently residing on the territory of Ukraine and is an official public offer, hereinafter referred to as the SELLER, and any individual who fully and unconditionally accepts the terms of this Adhesion Agreement in accordance with Articles 633 and 634 of the Civil Code of Ukraine and has expressed acceptance of this offer by confirming the Order on the website dibrova.com.ua/en and acting in its own interests or in the interests of a legal entity, hereinafter referred to as the BUYER, have entered into this public agreement (hereinafter referred to as the ‘Agreement’) as follows:
1. DEFINITION OF TERMS
1.1. The term ‘Goods’ within the framework of this Agreement means the goods presented on the website dibrova.com.ua/en, for which the price, name and description are indicated and which are available for purchase. The product may also be accompanied by its image.
1.2. The term ‘Online Store’ within the framework of this Agreement means the corresponding software and functional complex located on the website dibrova.com.ua/en, which allows you to get acquainted with the Goods, their appearance, technical characteristics, price, payment terms, terms and conditions of delivery, warranty obligations, etc., to place an appropriate order and pay for it on the basis of the invoice
1.3. The term ‘Subscription’ within the framework of this Agreement means a pre-order and payment for the goods, the availability of which is expected within the terms specified in the description of the Goods.
1.4. The term ‘Shopping Cart’ within the framework of this Agreement means a part of the Online Store responsible for tracking and displaying in real time the goods selected by the BUYER for purchase, indicating the total cost of them.
1.5. The term ‘Order’ within the framework of this Agreement means a list of Goods determined by the BUYER using the Basket, their quantity, indicating the BUYER's name and contact details.
2. SUBJECT OF THE CONTRACT
2.1. The SELLER undertakes to sell to the BUYER the Goods that are the subject of sale under this Agreement on the terms and in the manner specified in this Agreement, and the BUYER undertakes to buy the named Goods and pay its price on the terms and in the manner specified in this Agreement.
2.2. The SELLER warrants that the Goods are not pledged, are not in dispute, are not under arrest and are not subject to the rights of third parties.
2.3. The SELLER and the BUYER confirm that this Agreement is not a fictitious, sham transaction, a transaction made under the influence of violence or fraud.
2.4. The SELLER confirms that it has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating in the course of the Agreement, and also guarantees that it has the right to sell the 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 BUYER's rights in the course of the Agreement and the sale of the Goods.
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and 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 No. 103, this document is an offer, and the fact that the Buyer places an order, either orally (by phone or in the office) or in writing (via the website or e-mail) and the Seller receives this order is a complete and unconditional acceptance of this public agreement and the information provided on the website.
4. GENERAL PROVISIONS
4.1 All information materials presented in the online store are for reference only and cannot fully convey reliable information about the properties and characteristics of the Goods, including colours, sizes and shapes. If the BUYER has any questions regarding the properties and characteristics of the Goods, the BUYER must contact the SELLER before placing the Order.
4.2 The PURCHASER's execution of the Order and its subsequent transfer for execution means that the PURCHASER is sufficiently and fully acquainted with the technical characteristics of the Goods, their functionality, information on delivery times and warranty conditions.
4.3. In case of absence of the ordered Goods in the SELLER's warehouse, including for reasons beyond the SELLER's control, the SELLER has the right to cancel the specified Goods from the BUYER's Order and notify the BUYER by sending an e-mail to the address specified during the BUYER's registration.
4.4. The Order shall be deemed completed at the time of actual transfer of the Goods included in the Order to the BUYER on the basis of the invoice issued by the SELLER and signed by the BUYER. Upon completion of the Order, the SELLER's obligations to the BUYER are considered fulfilled.
4.5. The ownership of the Goods shall be transferred from the SELLER to the BUYER at the time of transfer of the Goods. The transfer of ownership of the Goods shall be confirmed by the BUYER's signature on the invoice (receipt, delivery register, etc.) issued by the SELLER, transport or courier company. The risks of loss or accidental damage to the Goods shall be transferred from the SELLER to the BUYER at the time of transfer to the transport or courier company.
4.6. By accepting the terms of this Agreement, the BUYER grants the SELLER its consent to the right to collect, store, use, distribute and receive information provided by the BUYER in connection with the execution of this Agreement:
4.6.1. Necessary for individuals and organisations to ensure that they perform their functions or provide services to the SELLER in accordance with the agreements concluded between such persons (organisations) and the SELLER.
4.6.2. Necessary in other cases in accordance with the requirements of the legislation of Ukraine
5. PRICE AND PAYMENT PROCEDURE
5.1. The price of each individual Goods is determined by the SELLER at its discretion and is published in the online store.
5.2 The price of the Goods and the Order is set in UAH.
5.3 The price of the Agreement is equal to the price of the Order. The specified amount may vary depending on the price, quantity or nomenclature of the Goods.
5.4. The BUYER shall make 100% payment for the goods in accordance with the Order on the basis of the SELLER's invoice, unless otherwise specified in the invoice for payment.
5.5. The order is considered paid from the moment of receipt of 100% payment for the goods to the SELLER's account. The fact of such payment indicates the BUYER's consent to the terms of this Agreement.
5.6. Delivery of the Order by the SELLER is carried out after 100% payment of the Order.
5.7. In the event of an incorrect indication of the price of the Goods ordered by the BUYER, the SELLER shall inform the BUYER as soon as possible to confirm or cancel the Order. If it is impossible to contact the BUYER, this Order is considered cancelled. If the Order has been paid for, the SELLER shall refund to the BUYER the amount paid for the Order by transferring it to the BUYER's account or in another acceptable way.
5.8 The price of the Goods in the online store may be changed by the SELLER unilaterally. In this case, the price of the Goods ordered by the BUYER is not subject to change.
5.9. The goods are not reserved until the BUYER's funds are credited to the SELLER's current account. The SELLER cannot guarantee the availability of the Goods in the SELLER's warehouse in the quantity specified at the time of placing the Order, as a result of which the processing time of the Order may increase. If it is necessary for the SELLER to make a refund to the BUYER, the BUYER must inform the SELLER of the details of the bank account to which the SELLER is obliged to transfer the funds.