This Agreement on the public offer of purchase and sale of goods is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of their status (natural person, legal person, natural person - entrepreneur). Upon full agreement with this Agreement, the buyer accepts the terms and conditions of placing an order, paying for the goods, delivering the goods and the terms of this agreement.
This text is an agreement between FOP Efremov Volodymyr Evgenovich (online store "https://idealistcoffee.com/"), hereinafter referred to as "Internet - store" and / or "site", and any legal or natural person, user of services of the online store, which is hereinafter referred to as the "Buyer" and determines the terms of purchase of goods through the website of the online store
This agreement has the nature of a public offer, is the equivalent of an "oral agreement" and, in accordance with the current legislation of Ukraine, has due legal force
1. GENERAL PROVISIONS
1.1. This contract is a public offer contract (in accordance with Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine), its conditions are the same for all buyers regardless of their status (natural person, legal person, natural person - entrepreneur).
1.2. In the case of acceptance of the terms of this Agreement, i.e. the Seller's public offer, the Visitor / User becomes a Buyer.
1.3. By concluding the Agreement, the Buyer confirms that he is fully and completely familiar with and agrees with its terms, and also, if the Buyer is a natural person, gives permission for the Seller to process his personal data for the purpose of fulfilling the terms of this Agreement, the possibility of mutual settlements, and also for receiving bills, acts and other documents.
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 concluding this Agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", the purposes of data collection, as well as the fact that his personal data is transferred to the Seller for the purpose of enabling fulfillment of the terms of this Agreement, the possibility of mutual settlements, as well as to receive 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 notifications from the Buyer, without changing the purpose of personal data processing.
The extent of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by the Buyer.
2. TERMS AND DEFINITIONS
A site visitor is a person who enters the Site without the purpose of placing an Order.
The User is a natural person, a visitor to the Site, who accepts the terms of this Agreement and who wishes to place an Order on the Site.
Buyer – User who placed an Order on the Site.
The seller is FOP Efremov Volodymyr Evgenovich, identification code 3433014732.
Online store - the Seller's website, created for the conclusion of retail purchase - sale contracts on the basis of the Buyer's familiarization with the description of the Goods in photographs proposed by the Seller, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods - a remote means of selling the goods.
The website is https://idealistcoffee.com/.
Product – a list of names of the range published on the website of the online store, presented in the online store, which indicate the price, name and description of the product. The product can also be accompanied by its image.
Order - the Buyer's decision to purchase goods by properly completing the Buyer's request for purchase and delivery to the address indicated by the Buyer, selected on the Goods Site.
Personal account – a personal section of the Buyer on the Seller's Website, to which the Buyer has access, which displays his personal information and the history of Orders placed by him.
Categories – information about products posted in the online store.
Personal data - any information that directly or indirectly relates to a specific person or to a person who is identified.
A significant defect of the Product is a defect that makes it impossible or inadmissible to use the product in accordance with its intended purpose, was caused by the fault of the manufacturer (Seller), after its elimination, appears again for reasons independent of the consumer, and at the same time is endowed with at least one of the following signs:
- it cannot be eliminated at all;
- its elimination requires more than fourteen calendar days;
- it makes the product significantly different from what is provided for in the contract.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to hand over the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the online store, including:
- voluntary choice by the Buyer of goods in the online store;
- self-registration of the order by the Buyer in the online store;
- payment by the Buyer of the order placed in the online store;
- processing and delivery of the order to the Buyer under the terms of this Agreement.
3.2. This Agreement applies to all types of Goods and services presented on the Site, as long as such offers with a description are present in the online store catalog.
4. REGISTRATION ON THE SITE
4.1. Registration on the Site is carried out at https://idealistcoffee.com/.
4.2. Registration on the Site is not mandatory for placing an Order.
4.3. The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
4.4. The User undertakes not to disclose to third parties the login and password specified by the User during registration. If the User has any doubts about the security of his login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Seller about this by sending a corresponding letter.
4.5. Communication between the User/Buyer and the Seller's representatives must be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, cursing, offensive expressions, as well as threats and blackmail, regardless of the form and to whom they were addressed, is strictly prohibited.
5. GOODS AND PROCEDURE FOR PURCHASING GOODS
5.1. The Seller ensures that the Goods presented on the Site are available in his warehouse. The photos accompanying the Product may differ slightly from the actual appearance of the Product, due to the color rendering of different devices used to view the Site. Accompanying Product description/characteristics do not claim to be comprehensive and may contain typographical errors.
5.2. In the event that the Goods ordered by the Buyer are not in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order by notifying the Buyer by sending an appropriate electronic message to the address specified by the Buyer during registration, or in another way.
5.3. In the case of cancellation of a fully or partially prepaid Order, the price of the canceled Product shall be returned by the Seller to the Buyer in the manner in which the Product was paid for.
5.4. The Buyer bears full responsibility for providing false information, which resulted in the impossibility of the Seller properly fulfilling its obligations to the Buyer.
5.5. After placing the Order on the Site, the Buyer is provided with information about the estimated delivery date by sending an electronic message to the address specified by the Buyer during registration, or by phone. The manager who handles this Order specifies the details of the Order, agrees on the method and date of delivery, which depends on the availability of the ordered Goods in the Seller's warehouse and the time required for processing and delivery of the Order.
5.6. The expected delivery date of the transfer of the Order is notified to the Buyer by the manager servicing the Order by e-mail or during a control call to the Buyer.
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 the Goods included in the Order and the delivery price, which is equal to the amount to be paid, which is indicated on the website of the online store when placing the Order at the time of its placement.
6.2. The price of the Contract is equal to the price of the Order. The amount of the order may vary depending on the price, quantity or nomenclature of the Goods.
6.4. The order of the Goods means the formation of the Order and (or) its payment in cash or non-cash means, depending on which comes first, subject to the Acceptance of this Agreement.
6.5. The buyer pays for the goods according to the order. The buyer independently chooses one of the following payment methods:
- cash settlement;
- cashless payments.
6.6. Payment for goods by cash settlement is carried out:
6.6.1. In the retail store of FOP Karvetska Margarita Volodymyrivna at the time of placing the Order or at the time of handing over the Goods.
6.6.2 By transferring funds to the Seller's courier or the Seller's payment agent.
6.7. Payment of goods by non-cash payment is carried out:
6.7.1. By transferring non-cash funds to the Seller's current account (provided the Order number is specified);
6.7.8. By using electronic means of payment.
6.8. In case of partial payment of the Goods, the Goods are considered paid from the date of payment of the entire amount of money in payment for the entire purchased Goods.
6.9. Payment for Services is made in the national currency of Ukraine.
6.9. The order is considered paid from the moment the payment is received on the bank account of the Seller or his representative. The fact of payment of the Order indicates the Buyer's agreement with the terms of this Agreement.
6.11. The price of the Product indicated on the website of the online store can be changed unilaterally by the Seller. At the same time, the price of the Goods ordered by the Buyer cannot be changed.
6.12. The Product is not reserved until the Buyer's funds are credited to the Seller's current account. The Seller cannot guarantee the availability of the Seller's Goods in the quantity indicated at the time of placing the Order, as a result of which the processing time of the Order may increase. If the Seller needs to refund the money to the Buyer, the Buyer is obliged to inform the Seller of the details of the bank account to which the Seller is obliged to transfer the funds.
7. PRODUCT DELIVERY PROCEDURE
7.1. Delivery and return of the order is carried out by the Seller or the transport company (carrier) at the expense of the Buyer, unless otherwise provided by the Agreement or current legislation. The total delivery time cannot exceed 9 days.
7.2. The general term of delivery of the Goods consists of the term of processing the order and the term of delivery. Order processing time - from one to three working days. Delivery methods are agreed with the manager. The delivery time is from 1 to 8 days, depending on the address of the settlement.
7.3. The cost of delivery to the Internet store is not indicated, as it depends on the current tariffs of the transport company (carrier).
7.4. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).
7.5. When receiving the product, the Buyer must make sure of its integrity and completeness by inspecting the contents of the package. In the case of detection of defects / damages, shortages - record them in the act, which must be signed by the person who directly carries out the delivery together with the buyer. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day from the moment of receipt of the Goods, the Buyer is obliged to notify the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects (damage / incomplete assembly) and agree on the replacement of the Goods. The parties agreed that in case of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any damage or defects.
8. GOODS QUALITY WARRANTIES, BUYER REQUIREMENTS RELATED TO GOODS DEFECTS
8.1. The seller is responsible for defects found in the product during the warranty period.
8.2. Warranty terms for the Goods are determined by the Seller (manufacturer) and are calculated from the moment of handing over the Goods to the Buyer, unless a different procedure for calculating the warranty terms is established by the Seller (manufacturer).
8.3. For Goods for which the Seller (manufacturers) have not established a warranty period, the Seller shall establish a warranty period of 14 (fourteen) days, not counting the day of sale.
8.4. Warranty service is the free elimination of defects of the Product that arose due to the fault of the manufacturer, subject to compliance with the rules of storage, transportation and operation established by the manufacturer.
8.5. To confirm the right to warranty repair and service of the purchased goods, the Buyer must present a warranty card. Claims will not be accepted without presentation of a completed coupon.
8.6. Free warranty repair is carried out only if the Product is found to be defective due to a factory defect, and only during the period specified in the warranty card.
8.7. Warranty obligations are canceled in the following cases: - Any protective signs of the manufacturer's company are damaged.
- The serial numbers on the products or their markings do not correspond to the information specified in the warranty card.
- The product was repaired by unauthorized persons in violation of the manufacturer's requirements and safety regulations.
- Defects are caused by changes due to the use of the product for a purpose that does not correspond to the established field of application of this product, specified in the operating instructions.
- The product is damaged or out of order due to violation of the rules and conditions of installation, connection, adaptation to the Buyer's local technical conditions, operation, storage and transportation.
- The goods are damaged as a result of natural disasters, fires, floods, earthquakes, household factors and other situations beyond the control of the Seller.
- The product has severe mechanical or electrical damage.
- There has been damage caused by foreign objects, substances, liquids, insects or animals getting inside the product.
- Defects are caused by the use of consumables that do not meet operational requirements
- There were damages caused by the use of non-standard spare parts, non-compliance with the terms of technical and preventive maintenance.
8.8. Claims made by Buyers after the expiration of the warranty period are considered by the Seller in accordance with the procedure established by law.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The seller is obliged to:
- fulfill the terms of this Agreement;
- fulfill the Buyer's order in case of payment from the latter;
- deliver the Goods to the Buyer in accordance with the selected sample in the online store, the completed order and the terms of this contract;
- check the qualitative and quantitative characteristics of the product during its packaging at the Seller's warehouse.
9.2. The Seller has the right to: unilaterally terminate the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
9.3. The buyer is obliged to: timely pay and receive the Order under the terms of this Agreement.
9.4. The buyer has the right to:
- place an order in the online store;
- require the Seller to fulfill the terms of this Agreement.
10. Term of validity of this contract.
10.1. This agreement enters into force from the day of placing an order or registration in the online store "https://idealistcoffee.com/" and is valid until all terms of the agreement are fulfilled.
11. LIABILITY
11.1. The Seller is not responsible for the Buyer's choice of Goods, he only guarantees the conformity of the ordered items.
11.2. The seller is not responsible for:
- the appearance of the Product changed by the manufacturer;
- for a slight discrepancy in the color range of the product, which may differ from the original product only due to different color rendering of personal computer monitors of individual models;
- for the content and truthfulness of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond its control;
- for unlawful and illegal actions performed by the Buyer using this access to the Internet;
- for the transfer by the Buyer of his network identifiers - IP, MAC addresses, login and password to third parties.
11.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles.
11.4. In the event of force majeure, the parties are released from fulfilling the terms of this contract. Circumstances of force majeure for the purposes of this contract mean events of an extraordinary, unforeseen nature that exclude or objectively prevent the performance of this contract, the occurrence of which the Parties could not foresee and avert by reasonable means.
11.5. The parties shall make every effort to resolve any disagreements exclusively through negotiations.
12. CONFIDENTIALITY AND PROTECTION OF INFORMATION
12.1. When registering on the Site, the User provides the following information: name, phone number, e-mail address, password for accessing the Site.
12.2. By providing his personal data to the Seller, the Site Visitor / User / Buyer agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller, as well as the transfer of personal data to third parties engaged by the Buyer to fulfill obligations to the Site Visitor / User / By the buyer within the framework of the Public Offer.
12.3. The seller uses the personal data of the User / Buyer:
- to register the User on the Site;
- to fulfill its obligations to the User / Buyer;
- to evaluate and analyze the operation of the Site;
- to determine the winner in promotions held by the Seller.
12.3.1. The Seller has the right to send informational messages, including advertising messages, to the e-mail and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
12.4. The seller has the right to use "cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
12.5. The seller receives information about the IP address of the Site Visitor. This information is not used to identify the visitor.
12.6. The Seller is not responsible for the information provided by the User / Buyer on the Site in a publicly available form.
13. ADDITIONAL TERMS
13.1. The online store and the services provided may be temporarily, partially or completely unavailable due to preventative or other work, or for any other technical reasons. The Seller's technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to the Buyers.
13.2. The provisions of Ukrainian legislation apply to the relationship between the User / Buyer and the Seller.
13.3. The parties make maximum efforts to resolve differences exclusively through negotiations. In case of failure to reach an agreement, the dispute will be referred to a judicial authority in accordance with the current legislation of Ukraine.
13.4. The Seller is considered to have fulfilled his obligation under the sales contract, and the Buyer acquires the right of ownership of the Goods from the moment of actual delivery of the Goods, which is certified by the goods receipt (bill of lading / act of acceptance and transfer).
13.5. In case of force majeure circumstances, documented by the relevant authorities, the parties are released from the performance of this contract.
13.6. Court recognition of the invalidity of any provision of this Agreement does not entail the invalidity of other provisions.
Details of the seller:
FOP Efremov Volodymyr Evgenovich
Residence: Ukraine, 03186, city of Kyiv, str. Antonova Aviakonstruktora 17, apartment 56.
RNOCPP: 3433014732
IBAN UA163052990000026008045036744 in JSC CB "Privatbank",
MFI 305299