Public offer agreement
Public offer agreement CONTRACT OF PURCHASE AND SALE AGREEMENT
This agreement, addressed to consumers and is an official and public offer of the Seller to enter into a contract of sale of goods, the subject and conditions of which are specified in the relevant section of the site http://ventcatalog.com/index.php?route = information / information & information_id = 7. The Consumer, acting for the purpose of purchasing the Goods, accepts the terms of this agreement (hereinafter - the Agreement) on the following:
1. General provisions
1.3. By concluding the Agreement, the Buyer confirms that he is fully acquainted and agrees with its terms, and, if the Buyer is an individual, gives permission for the Seller to process his personal data in order to fulfill the terms of this Agreement, the possibility of settlements, and also for receiving invoices, acts and other documents. 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 this Agreement, the Customer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, as well as the fact that his personal data is transferred to the Seller fulfillment of the terms of this Agreement, the possibility of mutual settlements, as well as to obtain invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Customer, without changing the purpose of personal data processing. The scope of the Customer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood.
2. Terms and definitions
2.1. Seller - a natural or legal person sells goods on the site on the basis of a license agreement for the use of the trademark VENTCATALOG.COM.
2.2. Goods - a list of consumer goods published on the website of the Online Store, which indicates the price, name and description of the goods. The product may also be accompanied by its image.
2.3. Buyer - an able-bodied natural person who has reached the age of eighteen, who receives information from the Seller, who places an Order to purchase Goods presented on the website of the Online Store, for non-business purposes, or a legal entity / individual. entrepreneur.
2.4. Order - the Buyer's application for the purchase of Goods addressed to the Seller is executed and placed.
2.5. Online store site - a set of pages that can be accessed using a web browser, and software modules combined with a single management system located on the Internet at https://VENTCATALOG.COM/.
2.6. Personal account is a personal section of the Buyer on the Seller's website, to which the Buyer has access, which reflects his personal information and the history of the Orders placed by him.
3. The subject of the contract
3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified in this agreement on the basis of the Order issued by the Buyer on the website of the Online Store, and the Buyer undertakes to buy the Goods and pay its value under the terms and conditions specified in this agreement.
3.2. The Seller guarantees that the Goods are not pledged, are not in dispute, are under arrest and are not subject to the rights of third parties.
3.3. The Seller and the Buyer confirm that this agreement is not a fictitious, fictitious transaction, an agreement carried out under the influence of violence or deception.
3.4. The Seller confirms that it has all the necessary permits to conduct business, which regulates the scope of legal relations arising and operating in the course of this agreement, and guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with requirements of current legislation of Ukraine and undertakes to be liable in case of violation of the rights of the Buyer in the process of execution of this agreement and the sale of goods.
3.5. The Buyer agrees with the terms of this agreement at the time of placing the Order by clicking on the "Place Order" button, which means confirmation of the Buyer to read the text of this agreement and agree to its terms. Further, the objection of the Buyer to give his consent thus relieves the Seller of any liability for non-compliance with the terms of this agreement and leaves the right of the Seller to cancel the Order unilaterally.
4. Rules of work with the site of the Online Store
4.1. The buyer can view the content of the online store site, place an order, as well as use its other services.
4.2. Registration is required for the Buyer's access to personalized information and to provide additional opportunities to work with the website of the Online Store.
4.3. When registering, the Buyer enters the following data: • Name • Phone number • E-mail address • Physical address
4.4. The buyer undertakes to provide the relevant reality, accurate and complete information about himself. The Seller is not responsible for the accuracy and correctness of the information left by the Buyer during registration and execution of the Order.
4.5. The Buyer undertakes not to notify third parties of the access parameters specified during registration. In case the Buyer suspects unauthorized use of such parameters by third parties, the Buyer undertakes to immediately notify the Seller by sending a message via the feedback form at http://ventcatalog.com/index.php?route=information/ contact.
4.6. The buyer is responsible for any actions taken on the website of the online store under his account and on his behalf.
4.7. The Seller has the right to refuse the Buyer to place an Order if he has reason to believe that the Buyer has provided inaccurate data, as well as in case of dishonest behavior (for example, violation of the terms of this agreement, etc.).
4.8. It is forbidden to use the website of the online store in illegal and prohibited activities. Buyers agree to comply with the laws of Ukraine and the rules of conduct adopted on the Internet, namely, but not limited to: posting on the website of the online store materials of extremist, pornographic or other nature that affects and / or infringes the honor, dignity and / or business reputation of others persons and violate generally accepted norms of morality, as well as to place advertising information without the permission of the Seller.
5. Ordering procedure
5.1. The Buyer places the Order on the website of the Online Store independently, by adding the selected Goods to the virtual basket and clicking the "Buy" button.
5.2. Both Registered and non-registered Buyers can place Orders for Goods, including the phone number listed on the website of the Online Store.
6. Price and payment procedure
6.1. The price of each individual Product is determined by the Seller and indicated on the website of the Online Store. The price of the Order is determined by adding the price of all Goods included in the Order and the delivery price equal to the amount payable, which is indicated on the website of the Online Store when placing the Order at the time of its placement.
6.2. The contract price is equal to the Order price. The amount of the order may vary depending on the price, quantity or range of goods.
6.3. The Buyer pays for the Goods according to the Order. The buyer chooses one of the following payment methods:
• cash payment;
• cashless payments;
• using electronic payment systems;
• by means of payment terminals.
6.4. Payment for Services is made in the national currency of Ukraine.
The methods of payment for the Goods available to the Buyers depend on the technical capabilities and commercial agreements of the Seller with the financial partners. Available methods and features of payment for the Goods selected by the Buyer are indicated on the page of the Order on the Site or are communicated in another way depending on the chosen method of ordering.
6.5. The order is considered paid from the moment of receipt of payment to the current account of the Seller or his representative. The fact of payment of the Order indicates the consent of the Buyer to the terms of this agreement.
6.6. Delivery of the Order by the Seller is performed after full payment of the Goods.
6.7. The price of the Goods indicated on the website of the Online Store may be changed by the Seller unilaterally. Thus the price for the Goods ordered by the Buyer is not subject to change.
6.8. Until the moment of crediting the Buyer's funds to the current account of the Seller, the goods are not reserved. The Seller cannot guarantee the availability of the Seller's Goods in the amount 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 to refund the Seller to the Buyer to make a refund, the Buyer must notify the Seller of the details of the bank account to which the Seller is obliged to transfer funds.
7. Terms of return
7.1. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this at the first opportunity to confirm or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled automatically. If the Order has been paid for, the Seller shall return to the Buyer the amount paid for the Order by transferring it to the Buyer's account or in another acceptable manner.
7.2. When placing an Order, the Buyer agrees that he has the right to refuse only the entire Order, not part of it.
8. Responsibilities of the Seller
8.1. Provide truthful information about the Goods, their prices and the terms of delivery of the Goods.
8.2. Deliver the Goods in accordance with the terms of the Order.
8.3. Guarantee compliance of the quality of the Goods with the quality requirements on the territory of Ukraine. Provide warranty obligations in accordance with the terms of this Agreement.
8.4. In case of change of delivery time, immediately inform the Buyer about the change of delivery conditions. The Seller informs the Buyer by telephone or electronic communication. If it is impossible to contact the Buyer in cases of violation of the latter paragraph 4.4 of this agreement, the Seller is not liable to the Buyer in accordance with the terms of this agreement and applicable law.
9. Obligations of the Buyer
9.1. Provide the Seller with reliable, truthful and correct information, including when registering on the website of the Online Store.
9.2. Pay for the Goods, according to the Orders, at the prices specified in them.
9.4. In case of claims to demand from the representative of delivery service to make the Act of external inspection and the Act of acceptance-transfer in 3 copies. The inspection report describes the damage to the outer packaging, and the Acceptance Certificate describes all damage to the individual packaging of the goods.
9.6. Provide accurate passport data for the opportunity to receive the Order in the office of the courier company, and appear in person with the passport.
10. Buyer's rights
10.1. Demand a refund of the Goods in case the Seller is unable to fulfill the terms of the Order.
10. 2. Make changes to the Order before its payment.
10.3. Prior to the transfer of the Goods to refuse to perform the contract subject to reimbursement to the Seller of transport costs incurred by the Seller in connection with the performance of actions for the performance of this contract.
10.4. In case of claims to the quality of the Goods, to present them in time and in accordance with the Law of Ukraine "On Consumer Protection".
11. Responsibility of the parties
11.1. The Seller is not liable for damage caused to the Buyer as a result of improper use of the Goods ordered on the website of the Online Store.
11.2. The Seller shall not be liable for improper, untimely execution of the Orders and its obligations under this Agreement in the event that the Buyer provides inaccurate or erroneous information.
11.3. The Seller and the Buyer are responsible for fulfilling the obligations under this Agreement in accordance with the current legislation of Ukraine.
11.4. The Seller and / or the Buyer shall be released from liability for full or partial non-fulfillment of their obligations, if the non-fulfillment is a consequence of such insurmountable circumstances as: war or military actions, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, change customs regulations, restrictions on imports and exports, which arose independently of the will of the Seller and / or the Buyer after the conclusion of this agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party and provide documents confirming the existence of such circumstances, issued by the authorized bodies.
12. Confidentiality and protection of personal data
12.1. When registering on the website of the Online Store, the Buyer leaves the personal and contact details specified in clause 4.3. of this agreement, but are not limited to it.
12.2. By providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives his voluntary consent to the processing and use (including transfer) of his personal data without limiting the validity of such consent in
12.3. The Seller uses the received personal data to provide the services specified in this agreement, to promote the services provided by the Seller, including through automated processing of personal data.
12.4. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation to provide information by the Seller to agents 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 required by law.
12.5. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or inconsistency with its validity.
13. Information messages
13.1. By registering on the website of the Online Store, the Buyer consents to the Seller to receive information messages from the Seller and its partners, acting on the basis of an agreement with the Seller, using short message services (SMS) and e-mail.
13.2. At any time, the Buyer has the right to refuse to receive such a mailing by writing a message via the feedback form at http://ventcatalog.com/index.php?route=information/contact.
14. Rules for the use of materials posted on the website of the online store
14.1. The Online Store's website contains materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photographs, graphics, music and sound.
14.2. The entire content of the online store site is protected by the legislation of Ukraine.
14.3. The buyer has no right to use the materials posted on the website of the online store, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative works, etc.
15. Other conditions
15.1. This agreement is concluded on the territory of Ukraine and operates within the framework of the legislation of Ukraine.
15.2. The invalidity of any clause or part of this agreement does not invalidate the agreement as a whole.
15.3. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute, the Buyer or the Seller may apply to the courts in accordance with applicable law.
15.4. The Seller has the right to make changes to the text of this agreement at its discretion at any time and without prior notice to Buyers. The current (current) version of the agreement is always available on the website of the online store.
15.5. The absence of a copy of this agreement signed between the Seller and the Buyer on paper, with the signatures of the parties, in the case of actual payment by the Buyer, is not grounds for recognizing this Agreement not concluded. Payment in accordance with the Order made on the website of the Online Store is considered the acceptance of the Buyer (in accordance with Article 642 and Chapter 54 of the Civil Code of Ukraine) and is the date of entry into force of the Agreement.
15.6. In case of complaints, the Consumer should contact the Seller's Support Service by phone (068) 49-43-993, by email: email@example.com or through the feedback form at http://ventcatalog.com/index.php? route = information / contact.