Terms & Conditions
Under this Agreement, the Seller, on the one hand, and any person who, in accordance with these Terms & Conditions, the Buyer, on the other hand, hereinafter referred to together as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is the official public offer of the Seller to enter into an agreement with Buyers in purchase and sale of Goods, photos of which are posted in the relevant section of the Website http://zbroy.com. The Parties accept the terms of this Agreement on the following:
- General terms
1.1. The contractual relationship between the Seller and the Buyer is executed in the form of a Public Offer Agreement. Clicking in the relevant section of the "ORDER" button on the website http://zbroy.com means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), has fulfilled the terms of the Public Offer Agreement, specified below in accordance with applicable international and Ukrainian law.
1.2. The public offer agreement is public, so in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). With full consent to this Agreement, the Buyer accepts the terms and conditions of the order, payment and delivery of goods by the Seller, liability for unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement becomes effective from the moment of clicking on the "ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller, and is valid until the Buyer receives the Goods from the Seller and full payment for the Goods.
1.4. To regulate contractual relations under the Agreement, the Parties shall select and, if necessary, apply Ukrainian legislation. If an international agreement, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, the rules of the international agreement shall apply.
- Terms and definitions
2.1. "Online store" - the Seller's site (http://zbroy.com), created for the conclusion of contracts of retail and wholesale purchase - sale on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller on photos, via the Internet that excludes possibility of direct acquaintance Buyer with the Goods - a remote means of selling the goods.
2.2. "Goods" - a list of names of the range, presented in the online store.
2.3. "Personal data" - any information that directly or indirectly relates to a particular person.
2.4. "Buyer" - an able-bodied individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to business activities, or a legal entity or individual entrepreneur.
2.5. "Significant defect of the Goods" - a defect that makes it impossible to use the goods in accordance with its intended purpose, which arose through the fault of the manufacturer (Seller), and after its elimination occurs again for reasons beyond the control of the Buyer and has at least one of the following features:
- a) it cannot be eliminated at all;
- b) its elimination requires more than fourteen calendar days;
- c) it makes the goods significantly different than provided by the Agreement.
- Subject of the Agreement
3.1. The Online Store undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.
3.2. This Agreement regulates the purchase and sale in the online store, including:
- a) voluntary choice by the Buyer of goods in the online store by categories;
- b) independent placement of the order by the Buyer on a site in online store;
- c) payment by the Buyer of the order placed in the online store;
- d) fullfillment of the order and transfer of ownership to the Buyer under the terms of this Agreement.
- Ordering procedure
4.1. The Buyer independently places an order in the online store through the form on the website or by placing an order by e-mail or by phone number specified in the contacts section of the online store.
4.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer at the time of placing the order is incomplete or raises suspicions about their validity.
4.3. 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 fulfill the order:
4.3.1. last name, first name of the Buyer;
4.3.2. the address to which the Goods should be delivered (if delivery to the address of the Buyer);
4.3.3. contact phone or e-mail;
4.3.4. identification code for a legal entity or an individual entrepreneur.
4.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the Online Store.
4.5. If either Party 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 is not responsible for providing quality service to the Buyer when buying goods in the online store.
4.6. The Buyer's approval of the terms of this Offer is made by the Buyer entering the relevant data in the registration form on the website of the Online Store, after which the data about the Buyer are entered into the database of the Seller.
4.7. The Buyer is responsible for the accuracy of the information provided when placing an order.
4.8. By concluding the Agreement, ie accepting the terms of this offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
- a) The Buyer is fully acquainted and agrees with the terms of this offer;
- b) he authorizes the collection, processing and transfer of personal data. 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 notice) of 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 to meet the conditions of this Agreement, the possibility of mutual settlements, as well as to obtain 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 notice 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 understood by him.
- Cost of goods and payments
5.1 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 listed on the website in UAH and USD.
5.2 Prices for Goods and services may change unilaterally by the Seller depending on market conditions. In this case, the price per unit of the Goods, the value of which is paid by the Buyer in full, may not be changed by the Seller unilaterally.
5.3. The cost of the Goods, which is indicated on the website of the Online Store, does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to his chosen delivery service (carrier).
5.4. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the website of the Online Store in the section "Payment and Delivery".
5.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds on his account.
- Delivery of the order
6.1. The cost of the Goods, which is indicated on the website of the Online Store, does not include the cost of delivery of the Goods to the address of the Buyer.
6.2. The Seller may indicate the estimated cost of delivery of the Goods to the address of the Buyer by sending an e-mail or when placing an order in the online store.
6.3. The cost of delivery is not specified in the online store, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering wholesale batches, terms and methods of delivery are agreed in each case separately.
6.5. The seller is not responsible for the delivery time of the order, because it depends on the actions of third parties (carriers).
6.6. Payment for the delivery to the Carrier Company can be made both by the Buyer independently upon receipt of the goods and by the Seller at the expense of the Buyer. The exact cost of delivery is determined by the Carrier Company.
6.10. Delivery and return of goods is performed by the Seller or the transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 20 days.
- The procedure for receiving goods by the Buyer
7.1. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
7.2. The Buyer or his representative during the acceptance of the Goods confirms that he has no claims to the quantity of goods, appearance and completeness of the goods with his signature in the goods receipt and / or in the order / or in the consignment note for delivery of goods.
7.3. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon delivery of the Goods from the Seller or during delivery by the Seller.
7.4. In the case of at least one of those listed in paragraph 7.1. The Buyer is obliged to describe the defect agreement in an act drawn up in any form. The act must be signed by the Buyer and the employee of the carrier or Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to notify the manager (representative of the Seller responsible for placing the order for the Goods) of the identified defects and agree to replace the Goods.
7.5. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, the receipt by the Buyer of the Goods is defined as receipt in good condition - without any mechanical damage and in full.
7.6. In case of detection of significant defects during the warranty period, which arose due to the fault of the manufacturer of the goods (Seller), or falsification of the Goods, confirmed by the conclusion of the examination, the Buyer, in the manner and within the time limits set by the warranty obligations of the manufacturer of the Goods, taking into account the terms of the Offer Agreement has the right to demand from the Seller at its choice:
7.6.1. termination of the Agreement and refund of the amount paid for the Goods;
7.6.2. replacement of the goods with the same Goods or with a similar one available from the Seller.
7.7. In this case, upon confirmation by the Seller of significant defects of the Goods and upon the will of the Buyer, the paid funds are subject to return to the Buyer on the details specified by him within 7 (seven) calendar days of return of the Goods.
7.8. In cases of replacement of low-quality Goods, payment for the carrier's services is made at the expense of the Seller.
7.9. In any case, the return of the Goods must take place in the original packaging in which the Goods were received, while preserving the appearance and consumer qualities of the goods.
7.10. All issues not regulated in this Agreement related to the procedure, conditions of warranty repair or replacement of the Goods in case of defects during the warranty period are governed by the warranty obligations specified by the manufacturer of the Goods, and in case of failure to establish such warranty obligations - in accordance with the current legislation of Ukraine.
- Rights and duties
8.1. The Buyer must:
- a) to get acquainted with the information about the Goods, which is posted on the Seller's website;
- b) place an order on the site by himself;
- c) timely pay and receive an order from the Carrier under the terms of this Agreement;
- d) upon receipt of the goods from the carrier to make sure of its integrity and completeness by inspecting the contents of the package. In case of damage and incomplete equipment - describe them in the act, which the employee of the carrier must sign with the Buyer.
8.2. The Buyer has the right to require the online store to comply with the terms of this Agreement.
8.3. Online store must:
- a) comply with the terms of this Agreement;
- b) to transfer the goods to the Buyer in accordance with the selected sample, placed in the online store, the order and the terms of this Agreement;
- c) the online store is not liable, cannot act as a defendant in court and does not reimburse the losses incurred by the Buyer due to the action or inaction of third parties.
8.4. Online store has the right to:
- a) unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
- Return of goods of proper quality
9.1. The Buyer has the right to exchange the Goods of proper quality for similar ones from the Seller from whom it was purchased, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons can not be used for its intended purpose under the following conditions:
- a) the goods for exchange are provided to the Seller within not more than fourteen days, not counting the day of purchase;
- b) the product can be replaced if it has never been in operation, does not contain traces of use and if its product appearance, consumer properties, seals, labels are preserved, the integrity of the packaging of the product itself and its components is not changed;
- c) the product does not contain scratches, abrasions, is fully functional;
- d) the completeness of the sold goods is preserved;
- e) the goods may be replaced when the Buyer provides a payment document issued to the Buyer together with the sold Goods.
9.1.1. Requirements of p. 9.1. do not apply to goods that in accordance with Annex №3 to the Resolution of the Cabinet of Ministers of Ukraine from 19.03.94 №172 "On the implementation of certain provisions of the Law of Ukraine "On Consumer Protection", referred to the List of goods of good quality, not subject to exchange (return).
9.2. If the Goods do not meet the conditions specified in paragraphs a) - e) item 9.1., The Seller has the right to refuse to exchange the Goods.
9.3. Transport costs for delivery of the Goods at the exchange according to item 9.1. rely on the Buyer.
9.4. When exchanging goods, its warranty period is recalculated from the date of exchange.
9.5. If at the time of exchange a similar product is not for sale, the Buyer has the right to either purchase any other products from the available range with the appropriate transfer of value, or terminate the contract and get back the money in the amount of the returned product, or exchange the goods for a similar one at the first receipt of the goods for sale.
- Responsibilities of the parties
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
10.2. In case of force majeure, the parties are released from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable unpredictable nature, which exclude or objectively impede the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.3. The party referring to force majeure must notify the other party in writing by e-mail within five calendar days of such circumstances.
10.4. If, due to force majeure, the non-performance of obligations under this Agreement lasts for more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
10.5. The Parties shall make maximum effort to resolve any differences solely through negotiations.
- Other conditions
11.1. Online store reserves the right to unilaterally amend this Agreement with its prior publication on the site "http://zbroy.com"
11.2. The online store was created to organize a distance method of selling goods via the Internet.
11.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.
11.4. The Buyer is responsible for the accuracy of the information specified in the order.
11.5. Payment for the order placed in the Online Store by the Buyer means the Buyer 's full consent to the terms of the Purchase and Sale Agreement (Public Offer of the Online Store) and is the date of concluding the Purchase and Sale Agreement between the Seller and the Buyer.
11.6. The use of the online store resource to view the Goods, as well as to place an order is free of charge for the Buyer.
11.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer only for the purposes of the online store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.).
11.8. By self-acceptance of the Agreement or registration on the site "http://zbroy.com" (filling out the registration form) the Buyer voluntarily agrees to the collection and processing of personal data in the registered database of the Seller "Counterparties" for the following purpose: data that become known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending e-mail, mobile advertising and special offers, information about promotions, contests or any other information about the store. For the purposes provided for in this paragraph, the Seller has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.
11.9. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer's database (without additional notice to the Buyer), to carry out lifelong data storage, accumulation, update, change (as needed). The Seller undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these objectives, as well as at the mandatory request of the competent public authority).
11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
- Term of this Agreement
12.1. This Agreement enters into force on the date of ordering or registration in the online store "http://zbroy.com" and is valid until all the terms of the Agreement.