PUBLIC CONTRACT (OFFER)
for the order, sale and delivery of goods
This agreement is an official and public offer of the Seller to enter into a contract for the sale of the Goods presented on the website https://losk.ua. This agreement is public, i.e. in accordance with 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 preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions and the procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for a bad faith order and all other terms of the Agreement. The Agreement is considered concluded from the moment the Buyer submits an order on the "Order" page on the website, or in any other way electronically 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 of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer.
1.2. Goods or Service - the object of the agreement of the parties, which was selected by the Buyer on the website or otherwise in electronic form, or has already been purchased by the Buyer from the Seller remotely.
1.3. The Seller's website at https://losk.ua, hereinafter referred to as the Online Store, is created for the conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer's acquaintance with the description of the Goods offered by the Seller via the Internet.
1.4. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Seller's website on the "Order" page for purposes not related to the conduct of business, or a legal entity or individual entrepreneur.
1.5. The Seller is the individual entrepreneur KURKIN MIKHAIL ALEXANDROVICH, a legal entity established and operating in accordance with the current legislation of Ukraine, whose location is: Ukraine, 62363, Kharkiv region, Kharkiv district, Berezivske village, Berminvody Sanatorium, 14, apartment 10.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. The date of the 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 shall be the date of filling out the "order form" by the Buyer located on the Seller's website, provided that the Buyer receives an order confirmation from the Seller in electronic or paper form. If necessary, at the Buyer's request, the Agreement may be executed in writing.
3. Placing an Order
3.1. The Buyer shall place an order in the Online Store through the "Order" form, or by placing an order by e-mail or by calling the telephone number indicated in the contact section of the website.
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 website of the online store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfil the order:
3.3.1. surname, name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact phone number.
3.3.4. identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's order, agreed with the Seller's operators in any convenient way, and confirmed in writing or by e-mail.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller shall not be responsible for providing quality services to the Buyer when ordering 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.
3.7. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form of the online store in the "Order" section 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.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By entering into the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
а) The Buyer is fully and completely acquainted with and agrees to the terms of this offer (offer);
b) he gives permission for 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 entering into the Agreement, the Buyer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfil the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notice to the Buyer in order to fulfil 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 understood by him.
4. Price and Delivery of the Goods
4.1 The prices for the Goods and services are determined by the Seller independently and are indicated on the website of the Online Store or in the commercial offer provided to the Buyer in electronic or paper form. All prices for the Goods and Services are indicated in UAH including VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a request by sending an e-mail or when placing an order through the operator of the online store.
4.6. Upon receipt of the Goods, the Buyer shall, in the presence of the Seller's representative, in case of self-delivery, or a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.7. Upon acceptance of the Goods, the Buyer or his/her representative shall confirm with his/her signature in the sales receipt/ or in the order/ or in the consignment note for the delivery of goods that he/she has no claims to the quantity of the goods, appearance and completeness of the goods.
4.8. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the place of delivery of the Goods upon self-delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller 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 as provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Prior to the conclusion of the Agreement, familiarise yourself with the content 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 order for the Seller to fulfil its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.
6. Terms of payment and return of the Goods
6.1. The Buyer shall pay for the Goods in accordance with the Order. The Buyer independently chooses one of the following payment methods:
- cash payment;
- cashless payment.
6.2. Payment for the Goods in cash is made in the retail store of the individual entrepreneur Kurkin Mikhail Alexandrovich when placing the Order.
6.3. Payment for the goods by bank transfer is made:
6.3.1. By transferring non-cash funds to the Seller's current account (subject to the Order number);
6.3.2. By using electronic means of payment.
6.4. In case of partial payment for the Goods, the Goods are considered paid from the date of payment of the entire amount of money for the entire purchased Goods.
6.5. The order is considered paid from the moment the payment is received to the Seller's current account. The fact of payment for the Order indicates the Buyer's consent to the terms of this Agreement.
6.6. Until the Buyer's funds are credited to the Seller's account, the Goods are not reserved. The Seller cannot guarantee the availability of the Seller's Goods 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, in order to make a refund, the Buyer must inform the Seller of the details of the bank account to which the Seller is obliged to transfer the funds.
6.7. The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment the Seller receives the funds to his account.
6.8. The Buyer has the right to return to the Seller non-food products of good quality if the goods do not meet the ordered parameters: deviations in shape, dimensions, colour, size or for other reasons cannot be used for their intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. The goods of good quality shall be 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 payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.9. The Buyer shall be refunded the cost of the Goods of good quality within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 6.8. of the Agreement, the current legislation of Ukraine.
6.10. The cost of the goods that do not meet the ordered parameters shall be refunded by bank transfer to the Buyer's account.
6.11. The return of the Goods of good quality to the Seller's address shall be carried out at the expense of the Buyer and the Seller shall not be reimbursed to the Buyer.
6.12. In case of detection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller provided for by the Law of Ukraine "On Protection of Consumer Rights". In case of claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.13. Consideration of the requirements provided for by the Law of Ukraine "On Consumer Protection" shall be carried out by the Seller, provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
6.14. The Buyer shall not be entitled to refuse goods of good quality with individually determined properties if the said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, equipment, etc.) Confirmation of the fact that the goods have individually defined properties is the difference in the size of the goods and other characteristics indicated in the online store.
6.15. The return of 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 shall not be liable for damage caused to the Buyer or third parties due to improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible:
for improper, untimely fulfilment of the Orders and its obligations in case the Buyer provides inaccurate or false information;
for a slight discrepancy in the colour scheme of the goods, which may differ from the original goods only due to different colour rendering of personal computer monitors of certain models, tablets, mobile phones, etc;
for delays and interruptions in the provision of the Services (order processing and delivery of goods) that occur for reasons beyond its control;
for unlawful illegal actions committed by the Buyer using this access to the Internet;
for the transfer of the Buyer's network identifiers - IP, MAC address, login and password to third parties.
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 failure to fulfil their obligations if the failure is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that have arisen independently of the will of the Seller and / or the Buyer
after the conclusion of this agreement. The Party that cannot fulfil its obligations shall immediately notify the other Party thereof.
7.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection", without limiting the validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where the disclosure of such information is required 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 shall not be liable for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Other terms and conditions
9.1 This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller shall have 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 the manner prescribed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
MYKHAILO ALEXANDROVICH KURKIN
Ukraine, 62363, Kharkiv region, Kharkiv district,
Berezivske village, Berminvody Sanatorium str,
building 14, apartment 10
account number UA103515330000026009015901329 Kharkiv GRU of JSC CB "Privatbank"
MFO 351533
RNOKPP 2283917572
tel. +38 067 546 17 93
