Public contract (offer)
Public Contract (Offer) for the Order, Purchase-Sale, and Delivery of Goods
This agreement is an official and public offer by the Seller to conclude a contract of purchase and sale of the Goods, presented on the website https://krisstel.ua/. This agreement is public, meaning that 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 preference to one Buyer over another.
By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for the goods, delivery of the goods, return of the goods, liability for unfair ordering, and all other terms of the agreement. The agreement is considered concluded from the moment the "Confirm Order" button is pressed on the order placement page in the "Cart" Section and the Buyer receives an order confirmation from the Seller in electronic form.
1. Definition of Terms
1.1. Public Offer
Public Offer (hereinafter — the "Offer") — a public proposal by the Seller, addressed to an indefinite number of persons, to conclude a distance contract for the purchase and sale of goods with the Seller (hereinafter — the "Agreement") on the terms contained in this Offer.1.2. Goods or Services
Goods or Services — the object of the parties' agreement, which was selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.1.2. Online Store
Online Store — the Seller's website at https://krisstel.ua/ created for concluding retail and wholesale purchase and sale agreements based on the Buyer's acquaintance with the description of the Goods offered by the Seller via the Internet.1.3. Buyer
Buyer — a legally capable individual who has reached the age of 18, receives information from the Seller, places orders for the purchase of goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.1.4. Seller
Seller — Individual Entrepreneur Shelefist Svitlana Volodymyrivna, established and acting in accordance with the current legislation of Ukraine, whose location is: Ukraine, Kyiv city, Holosiivskyi Avenue, building 100/2, apartment 1662.1
The Seller undertakes to transfer the 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 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 considered the date of filling out the order form by the Buyer, located on the Online Store website, provided the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be executed in writing.3. Order Placement
3.1
The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order via email or by the 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 in case the information specified by the Buyer during the order placement is incomplete or raises suspicion regarding its authenticity.3.3
When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:3.3.1–3.3.4 Mandatory Data
- 3.3.1. surname, name of the Buyer;
- 3.3.2. address where the Goods should be delivered (if delivery is to the Buyer's address);
- 3.3.3. contact phone number.
- 3.3.4. Identification code for a legal entity or individual entrepreneur.
The name, quantity, article, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online Store website.
3.5
If any of the Parties to the agreement requires additional information, they have the right to request it from the other Party. In case the necessary information is not provided by the Buyer, the Seller is not responsible for providing quality services 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 (repeat)
The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, the data about the Buyer is entered into the Seller's database.3.7
The Buyer is responsible for the accuracy of the information provided when placing the Order.3.8
By concluding the Agreement, i.e., accepting the terms of this offer (the proposed terms for the purchase of the Goods), by placing an Order, the Buyer confirms the following:3.8.a
a) The Buyer is fully and completely familiar with and agrees to the terms of this offer (Public Offer);3.8.б
b) the Buyer gives consent for the collection, processing, and transfer of personal data; the consent for the processing of personal data is valid throughout the entire term of the Agreement, as well as for an unlimited period after its expiration. Furthermore, by concluding the agreement, the Buyer confirms that they have been informed (without additional notification) about the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, and also that their personal data is transferred to the Seller for the purpose of being able to fulfill the terms of this Agreement, the possibility of carrying out mutual settlements, and also for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer their personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights, as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection," is known and understood by them.4. Price and Delivery of Goods
4.1
Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services are indicated on the website in hryvnias (UAH) including VAT.
4.2
Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a specific unit of 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 Online Store website 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 the delivery services (carriers) directly to the delivery service (carrier) chosen by them.
4.4
The cost of the Goods indicated on the Online Store website 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 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 funds are credited to the Seller's account.
4.7
Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the Online Store website in the "Payment and Delivery" section.
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 to the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9
The Buyer or their representative, upon acceptance of the Goods, confirms with their signature on the sales receipt / or in the order / or in the transport consignment note for the delivery of goods, that they have 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 passes to the Buyer or their Representative from the moment the Goods are received by the Buyer at the place of delivery of the Goods during self-pickup of the Goods from the Seller, or at the time the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is Obligated 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 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 prices for Goods and services, unilaterally, by posting them on the Online Store website. All changes enter into force from the moment of their publication.
5.3. The Buyer undertakes to
5.3.1
Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website.
5.3.2
For the Seller to fulfill their obligations to the Buyer, the latter must provide all necessary data that uniquely identifies them as the Buyer, and is sufficient for the delivery of the ordered Goods to the Buyer.
6.1
The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not satisfy them in terms of shape, size, style, color, dimensions, or for other reasons cannot be used by them for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of goods of proper quality is carried out if they have not been used and if their commercial appearance, consumer properties, packaging, seals, labels, as well as the settlement 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 clause is approved by the Cabinet of Ministers of Ukraine.
6.2
The refund of the cost of the goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided the requirements stipulated in Clause 6.1 of the Agreement and the current legislation of Ukraine are met.
6.3
The cost of the goods is subject to return by bank transfer to the Buyer's account.6.4
The return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.
6.5
In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to present to the Seller the demands provided for by the Law of Ukraine "On Consumer Rights Protection". When presenting demands for the free elimination of defects, the term for their elimination starts counting from the date the Seller receives the Goods into their possession and physical access to such Goods.
6.6
The consideration of demands provided for by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller provided the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects of the Goods that arose after their transfer to the Buyer as a result of the Buyer violating 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 that have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, completeness, etc.). Confirmation that the goods have individually defined properties is the difference in the sizes of the goods and other characteristics indicated in the online store.
6.8
The return of goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section.
7. Liability
7.1
The Seller is not liable for 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 is not liable for improper, untimely fulfillment of Orders and their obligations in the event of the Buyer providing unreliable or erroneous information.
7.3
The Seller and the Buyer are liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4
The Seller or the Buyer are released from liability for full or partial non-fulfillment of their obligations, if the non-fulfillment is a consequence of force majeure circumstances such as: war or military actions, 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. The Party that cannot fulfill its obligations must immediately inform the other Party about this.
8. Confidentiality and Personal Data Protection8.1
By providing their personal data on the Online Store website during registration or Order placement, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine "On Personal Data Protection," without limitation of the term of validity of such consent.
8.2
The Seller undertakes not to disclose the information received from the Buyer. The provision of information by the Seller to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine, is not considered a violation.
8.3
The Buyer is responsible for maintaining their personal data in an up-to-date state. The Seller is not responsible for poor quality performance or non-performance of their obligations due to the irrelevance of information about the Buyer or its non-conformity with reality.
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 achieve settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to appeal for dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.
9.3
The Seller has the right to make changes to this Agreement unilaterally, as provided for in Clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner provided for by the current legislation of Ukraine.