to order, purchase, sale and delivery of goods
This Agreement is an official and public offer by the seller to conclude a contract for the purchase and sale of goods presented on the website https://baft.com.ua. This agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving advantages to one buyer over another. By concluding this agreement, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for unfair ordering and all other terms of the agreement. The contract is considered concluded from the moment you click the "Confirm order" button on the checkout page in the "shopping cart" section and the buyer receives an order confirmation from the seller in electronic form.
1. Definition of terms
1.1. public offer (hereinafter referred to as the "Offer") is a public offer by the seller, addressed to an indefinite circle of persons, to conclude a contract with the seller for the purchase and sale of goods remotely (hereinafter referred to as the "contract") on the terms contained in this offer.
1.2. A product or service is an object of agreement between the parties, which was selected by the buyer on the website of the online store and placed in the cart, or already purchased by the buyer from the seller remotely.
1.2. Online store-the seller's website at https://baft.com.ua it was created for the conclusion of retail and wholesale purchase and sale agreements based on the buyer's familiarization with the description of the goods offered by the seller via the Internet.
1.3. the buyer is a capable individual who has reached the age of 18, receives information from the seller, places an order regarding the purchase of goods that are presented on the website of the online store for purposes unrelated to business activities, or a legal entity or an individual entrepreneur.
1.4. the seller is an individual entrepreneur Lemesh Dmitry Anatolyevich (identification code 269151517), who acts in accordance with the current legislation of Ukraine, location Kiev region, Belaya Tserkva, Privokzalnaya str., 55a
2. The subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the buyer, and the buyer undertakes to pay and accept the Goods under the terms of this Agreement.
2.2. the date of conclusion of the offer agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the buyer of the terms of the agreement is the date when the buyer fills out the order form located on the website of the online store, provided that the buyer receives an order confirmation from the seller in electronic form. If necessary, at the request of the buyer, the contract can be executed in writing.
3. Making an Order
3.1. the buyer independently places an order in the online store through the "shopping cart" form, or by placing an order by e-mail or by phone number specified in the contact section of the online store.
3.2. The seller has the right to refuse to transfer the order to the buyer if the information provided by the buyer when placing the order is incomplete or raises suspicion about their validity.
3.3. When placing an order on the online store's website, the buyer undertakes to provide the following mandatory information necessary for the seller to complete the order:
3.3.1. Surname, First name of the buyer;
3.3.2. the address to which the Goods should be delivered (if the delivery is to the buyer's address);
3.3.3. Contact phone number.
3.3.4. identification code for a legal entity or an individual entrepreneur.
3.4. The name, Quantity, article, and price of the product selected by the buyer are indicated in the buyer's shopping cart on the online store's website.
3.5.If any of the parties to the agreement needs additional information, they have the right to request it from the other party. If the buyer fails to provide the necessary information, the seller is not responsible for providing a high-quality service to the buyer when purchasing goods in the online store.
3.6. when placing an order through the seller's operator (clause 3.1. of this offer), the buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this offer.
3.6. The buyer's acceptance of the terms of this offer is carried out by entering the relevant data into the registration form on the online store's website or when placing an order through the operator. After placing an order through the Operator, the buyer's data is entered into the seller's database.
3.7. The buyer is responsible for the accuracy of the information provided when placing an order.
3.8. By concluding a contract, that is, accepting the terms of this offer (the proposed terms of purchase of goods), by placing an order, the buyer confirms the following:
a) the buyer is fully familiar with and agrees with the terms of this offer;
b) it authorizes the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire term of the agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the buyer confirms that he is notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, as well as that his personal data is transferred to the seller in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as for receipt of invoices, acts and other documents. The buyer also agrees that the seller has the right to provide access and transfer his personal data to third parties without any additional notification to the buyer in order to fulfill the buyer's order. 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 understandable to him.
4. The price and Delivery of the goods
4.1 prices for goods and services are determined by the seller independently and are indicated on the website of the online store. All prices for goods and services are indicated on the website in HRYVNIA, including VAT.
4.2 Prices for goods and services may be changed unilaterally by the seller depending on market conditions. In this case, the price of a single unit of goods, the cost of which is paid by the buyer in full, cannot be changed unilaterally by the seller.
4.3. the cost of the product, which is indicated on the website of the online store, does not include the cost of delivering the product to the buyer. The buyer pays the cost of delivery of the goods in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. the cost of the product, which is indicated on the website of the online store, does not include the cost of shipping the product to the buyer's address.
4.5. The seller may specify the estimated cost of delivery of the goods to the buyer's address when the buyer makes a corresponding request to the seller by sending an email or when placing an order through the online store operator.
4.6. The buyer's obligations to pay for the goods are considered fulfilled from the moment the seller receives funds to his account.
4.7. payments between the seller and the buyer for the Goods are carried out in the ways indicated on the website of the online store in the section "Payment and Delivery".4.8.upon receipt of the goods, the buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the goods with qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).
4.9. At the time of acceptance of the goods, the buyer or his representative confirms with his signature in the receipt / or in the order / or in the bill of lading for the delivery of goods, which has no claims to the quantity of goods, appearance and completeness of the goods. 4.10. The right of ownership and the risk of accidental loss or damage to the goods passes to the buyer or his representative from the moment the buyer receives the goods in the city of delivery of the goods upon self-delivery of the goods from the seller, or upon transfer by the seller of the goods to the delivery service (carrier) chosen by the buyer.
5. Rights and obligations of the parties
5.1. The seller is obliged to:
5.1.1. transfer the goods to the buyer in accordance with the terms of this Agreement and the buyer's order.
5.1.2. not to disclose any private information about the buyer and not to provide access to this information to third parties, except in cases provided for by law and when fulfilling the buyer's order.
5.2. The seller has the right to:
5.2.1 to change the terms of this Agreement, as well as the prices of goods and services, unilaterally by posting them on the website of the online store. All changes take effect from the moment they are published.
5.3 the buyer undertakes:
5.3.1 before the conclusion of the agreement, familiarize yourself with the contents of the Agreement, the terms of the agreement and the prices offered by the seller on the website of the online store.
5.3.2 in fulfillment of the seller's obligations to the buyer, the latter must provide all necessary data that uniquely identifies him as the buyer and is sufficient to deliver the ordered goods to the buyer.
6. Return Of The Product
6.1. the buyer has the right to return to the seller a non-food product of proper quality if the product does not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The buyer has the right to return the goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The goods of proper quality are returned if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the buyer for the payment of the goods are preserved. The list of goods that are not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. the refund to the buyer of the value of the goods of proper quality is carried out within 30 (thirty) calendar days from the date of receipt of such goods by the seller, subject to compliance with the requirements provided for in clause 6.1. of the agreement, the current legislation of Ukraine.
6.3. The cost of the goods is subject to refund by bank transfer to the buyer's account.
6.4. The return of the goods of proper quality to the seller's address is carried out at the expense of the buyer and the seller does not reimburse the buyer.
6.5.in case of detection of defects in the product within the established warranty period, the buyer personally, in accordance with the procedure and within the time limits established by the legislation of Ukraine, has the right to submit to the seller the requirements provided for by the Law of Ukraine "On Consumer Rights Protection". Upon presentation of claims for the gratuitous elimination of defects, the period for their elimination is counted from the date of receipt of the goods by the seller at his disposal and physical access to such Goods.
6.6. consideration of the requirements provided for by the Law of Ukraine "On Consumer Rights Protection" is carried out by the seller, provided that the buyer provides the documents provided for by the current legislation of Ukraine. The seller is not responsible for the defects of the goods that arose after its transfer to the buyer as a result of the buyer's violation of the rules of use or storage of the goods, actions of third parties or force majeure.
6.7. the buyer has no right to refuse goods of proper quality having individually defined properties, if the specified product can be used exclusively by the buyer who purchased it (including, at the request of the buyer, non-standard sizes, characteristics, appearance, configuration, etc.). The confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics specified in the online store.
6.8. the return of the goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section
7. Responsibility
7.1. The seller is not responsible for damage caused to the buyer or third parties as a result of improper installation, use, storage of goods purchased from the seller.
7.2. The seller is not responsible for improper, late fulfillment of orders and its obligations in case the buyer provides false or false information.
7.3. The seller and the buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The seller or the buyer shall be released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that arose independently of the will of the seller and/or the buyer after the conclusion of this Agreement. A Party that cannot fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data.
8.1. by submitting their personal data on the online store's website when registering or placing an order, the buyer provides the seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as performing other actions provided for by the Law of Ukraine "On Personal Data Protection", without time limit the actions of such consent.
8.2. The seller undertakes not to disclose the information received from the buyer. It is not considered a violation of the seller's provision of information to counterparties and third parties acting on the basis of an agreement with the seller, including to fulfill obligations to the buyer, as well as in cases where disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The buyer is responsible for keeping his personal data up to date. The seller is not responsible for poor-quality performance or non-fulfillment of its obligations due to the inaccuracy of information about the buyer or its inconsistency with reality.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the buyer and the seller are resolved through negotiations. In case of failure to reach a negotiated settlement of the dispute, the buyer and/or seller have the right to apply for a dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the agreement may also be made by mutual agreement of the parties in accordance with the procedure provided for by the current legislation of Ukraine.
SELLER'S ADDRESS AND DETAILS
FLP"Lemesh D. A."
INN 2691515170
tel. +380503514003
Kiev region, Bila Tserkva, Privokzalnaya str., 55a
p/r UA083052990000026009040106247 in JSC CB Privatbank