PUBLIC CONTRACT (TENDER)
for ordering, buying and selling as well as for delivering goods
This Agreement is the Seller's official and public offer to conclude a Sales Agreement for the Goods presented on the website https://ezon-shop.com. This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, the conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur), without giving preference to one Buyer over another. By concluding this Agreement, the Buyer fully accepts the terms of placing an order, payment for the Goods, delivery of the Goods, return of the Goods, responsibility for an unscrupulous order and all other terms of the Agreement. The Agreement is considered concluded upon clicking the "Confirm Order" button on the checkout page in the "Shopping Cart" section and the Buyer receives an electronic confirmation of the order from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter "Offer") - the Seller's public offer addressed to an unspecified group of persons to conclude a contract for distance sale of goods with the Seller (hereinafter "Agreement") on the terms and conditions contained in this Offer.
1.2. The subject of the agreement of the parties is the product or service that the Buyer has selected on the website of the online store and placed in the shopping cart or that the Buyer has already purchased remotely from the Seller.
1.3. Online store – the Seller’s website at www.ezon-shop.com is created for the conclusion of retail and wholesale sales contracts based on the Buyer’s familiarization with the description of the goods offered by the Seller on the Internet.
1.4. The Buyer is a natural person with legal capacity who has reached the age of 18, receives information from the Seller, places an order to purchase the goods presented on the website of the Online Store for purposes not related to the conduct of business activity, or a legal entity or an individual entrepreneur.
1.5. The Seller is FOP Yudin Denis Volodymyrovych. (identification code 3314117277), a legal entity established and operating in accordance with the current legislation of Ukraine, with its registered office at: Kharkiv , 20 Aeroflodska St.
2. Subject matter of the contract
2.1 The Seller undertakes to transfer title to the Goods to the Buyer and the Buyer undertakes to pay for and accept the Goods in accordance with the terms of this Agreement.
2.2. The date of conclusion of the contract offer (acceptance of the offer) and the moment of full and unequivocal acceptance of the terms of the contract by the Buyer is the date of the Buyer filling out the order form on the website of the online store, provided that the Buyer receives an electronic confirmation of the order from the Seller. If necessary, the contract can be concluded in writing at the Buyer's request.
3. Placing an order
3.1. The Buyer places an order independently in the Online Store using the “Shopping Cart” form or by placing an order by e-mail or by calling the telephone number indicated in the contact section of the Online Store.
3.2 The Seller has the right to refuse to pass the order on to the Buyer if the information provided by the Buyer when placing the order is incomplete or gives rise to doubts as to its validity.
3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the execution of the order by the Seller:
3.3.1. Last name, first name of the buyer;
3.3.2. the address to which the Goods are to be delivered (in the case of delivery to the Buyer’s address);
3.3.3. Contact telephone
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article number and price of the product selected by the Buyer are indicated in the Buyer's shopping cart on the Internet store's website.
3.5. If one of the Parties requires additional information, it has the right to request it from the other Party. If the Buyer does not provide the necessary information, the Seller is not responsible for providing the Buyer with quality service when purchasing goods in the Online Store.
3.6. When ordering via the seller's operator (section 3.1 of this offer), the buyer undertakes to provide the information specified in sections 3.3 - 3.4. of this offer.
3.7. Acceptance of the terms of this offer by the Buyer occurs by entering the relevant data in the registration form on the website of the online store or by placing the order through the Operator. After the order is placed by the Operator, the Buyer's data are entered into the Seller's database.
3.8 The buyer is responsible for the accuracy of the information provided when ordering.
3.9. By concluding the contract, i.e. accepting the terms of this offer (the proposed terms of purchase of the goods), by placing the order, the Buyer confirms the following:
a) The Buyer is fully familiar with and agrees to the terms and conditions of this offer (Offer);
b) He gives consent to the collection, processing and transfer of personal data. The consent to the processing of personal data is valid for the entire term of the contract, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Buyer confirms that he has been informed (without additional notification) about the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection and that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of mutual settlements, as well as receiving invoices, certificates and other documents. The Buyer also agrees that the Seller has the right to provide access to his personal data to third parties without further notice from the Buyer and to transfer them 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 to him and understood by him.
4. Price and delivery of the goods
4.1 Prices for goods and services are set by the Seller independently and 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. At the same time, the Seller cannot unilaterally change the price of a single unit of products, the cost of which has been fully paid by the Buyer.
4.3. The price of the Product indicated on the website of the Online Store does not include the cost of delivery of the Product to the Buyer. The cost of delivery of the Goods is paid by the Buyer directly to the delivery service (carrier) chosen by him in accordance with the current tariffs of delivery services (carrier).
4.4. The price of the Product indicated on the website of the Online Store does not include the cost of delivery of the Product to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address if the Buyer sends a relevant request to the Seller by sending a letter to the e-mail address or when placing an order through the operator of the online store.
4.6. The Buyer’s payment obligations for the goods are deemed to be fulfilled from the moment the money is received in the Seller’s account.
4.7. Settlement of the goods between the Seller and the Buyer is carried out using the methods 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 the representative of the delivery service (freight forwarder), check the conformity of the goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or his representative, upon acceptance of the goods, confirms with his signature on the goods receipt/or in the order/or in the transport invoice for the delivery of the goods that he has no complaints about the quantity of the goods, appearance and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the goods pass from the moment of receipt of the goods by the Buyer in the city where the goods are delivered, in case of independent delivery of the goods to the Buyer or his representative through the Seller or when the goods are handed over 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:
5.1.1 Deliver the Goods to Buyer in accordance with the terms of this Agreement and Buyer’s Order.
5.1.2 Not to disclose any private information about the Buyer and not to grant third parties access to such information, except in the cases provided for by law and during the execution of the Buyer’s order.
5.2 The Seller has the right:
5.2.1 Change the terms of this Agreement, as well as the prices of goods and services, unilaterally by posting them on the Internet Store website. All changes come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the contract, please familiarize yourself with the content of the contract, the terms and conditions of the contract and the prices offered by the Seller on the online store website.
5.3.2 In order for the Seller to fulfil its obligations towards the Buyer, the latter must provide all necessary data that clearly identify him as the Buyer and are sufficient for the delivery of the ordered goods to the Buyer.
6. Return of goods
6.1. The Buyer has the right to return a non-food product of appropriate quality to the Seller if the product does not suit him in terms of 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 in perfect quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of appropriate quality is carried out if they have not been used and their appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the goods have been preserved. The list of goods that are not subject to return for the reasons specified in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. Refund of the cost of Goods of appropriate quality to the Buyer is made within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements set out in clause 6.1. Agreement, current legislation of Ukraine.
6.3 The price of the product can be refunded by bank transfer to the buyer's account.
6.4. The return of the goods of proper quality to the Seller's address is at the Buyer's expense and the Seller does not issue a refund to the Buyer.
6.5. In the event that defects in the product are found 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 submit to the Seller the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights". In the case of applications for free elimination of defects, the period for elimination of defects begins from the day the Seller receives the goods at his disposal and has physical access to this goods.
6.6. The Seller shall take into account the requirements of the Law of Ukraine "On Protection of Consumer Rights" 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 have arisen after their transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the Goods, actions of third parties or force majeure.
6.7. The Buyer does not have the right to refuse a high-quality product with individually defined properties if the specified product can be used exclusively by the Buyer who purchased it (including, at the Buyer's request, non-standard sizes, properties, appearance, equipment and others). Confirmation that the product has individually defined properties is the difference in product sizes and other properties specified in the online store.
6.8. The return of goods is made in the cases provided for by law and in this Agreement to the address indicated on the Website in the “Contacts” section
7. Liability
7.1 The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper installation, use or storage of the goods purchased from the Seller.
7.2 The Seller shall not be liable for improper or untimely fulfilment of orders and its obligations if the Buyer provides inaccurate or erroneous 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 total or partial non-fulfillment of their obligations if the non-fulfillment is due to circumstances beyond their control, such as war or hostilities, earthquakes, floods, fires and other natural disasters occurring after the conclusion of this Agreement. A party that is unable to fulfill its obligations shall immediately notify the other party thereof.
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 carry out other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the period of validity of this consent.
8.2. The Seller undertakes to keep the information received from the Buyer confidential. It shall not be a violation if the Seller provides information to counterparties and third parties acting on the basis of a contract with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is stipulated 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 any poor performance or failure to fulfil its obligations due to the irrelevance or inconsistency of the information about the Buyer.
9. Other conditions
9.1 This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be settled through negotiations. If the dispute cannot be resolved through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to unilaterally make changes to this Agreement as provided for in clause 5.2.1. Agreement. In addition, changes 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.
