PUBLIC CONTRACT (OFFER) FOR THE PURCHASE AND SALE OF GOODS
According to this Agreement, the Seller, on the one hand, and any person who accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, are hereinafter collectively referred to as the "Parties", and each individual "Party" has entered into this Public Agreement (Offer) purchase and sale of goods (hereinafter referred to as the "Contract" or "Public contract"), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude with the Buyers a contract for the purchase and sale of Goods, the photos of which are posted on the website: https://wrestling.ua / (hereinafter referred to as "Site" and/or "Online Store").
The Seller selling the Goods through the Online Store and the Buyer, upon purchasing the Goods, the images of which are posted on the relevant pages of the Online Store, accept the terms of this Agreement on the following.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement. Clicking on the "Make an order" button on the Site page in the relevant section means that the Buyer, regardless of status (individual, legal entity, individual - entrepreneur), in accordance with the current legislation of Ukraine, has accepted the terms of the Public Offer Agreement, which are specified below .
1.2. The public offer contract is public, i.e. in accordance with Art. 633, Art. 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). In full agreement with the Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unscrupulous Order and for non-fulfillment of the terms of this Agreement.
1.3. The terms of the offer (offer) for the conclusion of this public Contract, as well as the terms of the public Contract, are the same for all Buyers.
1.4. The Agreement enters into force from the moment of clicking the "Place order" button, by which the Buyer consents to purchase the Goods available from the Seller and the automatic electronic notification sent by the Seller to the Buyer about the processing of the Order for the Goods and is valid until the Buyer receives the Goods from the Seller and complete settlement with him.
1.5. The conclusion of this public Contract (acceptance by the Buyer of the Seller's offer) is considered unconditional and full acceptance by the Buyer of all the terms of this public Contract without exceptions, including essential terms, as well as entering into the relevant contractual legal relationship with the Seller.
2. TERMS AND DEFINITIONS
2.1. Acceptance - means giving the Buyer full and unconditional consent to the Seller's offer to purchase the Product, the image of which is posted on the Site, by adding it to the virtual cart and sending the Order.
2.2. The authorized person of the Buyer or the Recipient of the Goods means any legal person designated by the Buyer in the relevant Order for the Goods as the recipient of the Goods and who acts on behalf and in the interests of the Buyer.
2.3. The public offer contract is a public contract, a sample of which is posted on the Site: https://wrestling.ua/ and the use of which is mandatory for the Seller, containing the Seller's offer to purchase the Goods, the image of which is posted on the Site: https:// wrestling.ua/, addressed to an undefined circle of persons, including Buyers.
2.4. Order or Order of Goods means a duly executed and posted on the Site: https://wrestling.ua/ the Buyer's application for the purchase of Goods addressed to the Seller.
2.5. The online store is a list of interconnected pages on the Internet at the address: https://wrestling.ua/, created for the presentation and sale of the Goods by making an electronic transaction.
2.6. The seller is an INDIVIDUAL ENTREPRENEUR SINCHUK Tetyana Mykolaivna, registration number of the taxpayer's registration card 2938221585, location of the individual entrepreneur 29027, Khmelnytskyi city, Panasa Myrny Street, building 31/3.
2.7. The buyer is any natural person, legal entity or natural person entrepreneur who, in accordance with the procedure provided for in this Agreement, voluntarily fully accepted (accepted) all its conditions without exception and purchased the goods that are offered for sale and/or provided for sale via remote communication in the online store https://wrestling.ua/.
2.8. A product is a product specified by the Buyer, the description of which is posted on the website https://wrestling.ua/, which is offered for sale via remote communication in the online store and for which the price, name, description, characteristics and status are indicated its availability.
2.9. An authorized representative is a person who is authorized and has the right to perform legally significant actions on behalf of the Seller and to assume the duties defined by this Agreement and the legislation of Ukraine.
2.10. A working day for the purposes of determining the term of performance of a monetary obligation under this Agreement is any day, except for weekends and any holidays and non-working days established by the current legislation of Ukraine.
All other terms that separately are not defined in this Agreement, are perceived and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, customs of business turnover, as well as the purpose and subject of this Agreement.
3. SUBJECT OF THE AGREEMENT
3.1. In accordance with the procedure and on the conditions established by this Agreement, the Seller undertakes to transfer to the Buyer the ownership of the last selected Product according to the Order, and the Buyer undertakes to accept and pay for the Product in the procedure and on the conditions established by this Agreement.
3.2. Ownership of the Goods shall be transferred to the Buyer or Recipient of the Goods at the time of delivery (handover) of the Goods and subject to full payment by the Buyer of the cost of the Goods in the manner and under the conditions established by this Agreement.
3.3. The Buyer is obliged to familiarize himself with the terms of this Agreement and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement except for publishing it on the Website https://wrestling.ua/
3.4. The Seller reserves the right to unilaterally change this Agreement without any special notice to third parties. The new version of the Agreement enters into force from the moment of its posting on the Site, unless otherwise provided by the new version of the Agreement.
4. PROCEDURE FOR ORDERING GOODS.
4.1. The Buyer independently and at his own discretion chooses the available assortment of Goods offered by the Seller for sale in the online store https://wrestling.ua/ by adding the Goods to the virtual "Basket" using the "Buy" button and notes the quantity of the ordered Goods. To place an order, the Buyer independently fills out and sends the "Order Placement" form to the Seller, in which, in particular, he must indicate the surname and first name of the Buyer or Recipient of the Goods, telephone, country, city, e-mail address, chooses the method of delivery of the Goods (self-delivery , delivery via delivery services, delivery abroad), chooses a payment method (online or cash on delivery). The buyer can add, delete, change the quantity of the selected Goods, which are placed in the virtual "Basket".
4.2. After filling out the "Order Placement" form and clicking this button, the Buyer confirms that he is familiar with all the terms of this Agreement, accepts (accepts) these terms in full and confirms the fact of the Buyer's unconditional and full acceptance of all the terms of this Agreement by sending the Buyer the corresponding Order to selected Product to the Seller.
4.3. By clicking the "Order" button, the Buyer confirms that he has been informed by the Seller about the location and mode of operation of the Seller's online store, about the Goods (in particular, the price, the main characteristics and consumer properties of the Goods, etc.), the terms of payment and delivery of the Goods, the procedure for accepting claims , etc.
4.4. By clicking on the "Order" button, the Buyer confirms that he has received all the necessary, available, reliable and timely information about the selected Product in full and in accordance with the requirements of the legislation of Ukraine, which fully ensured the possibility of conscious selection of the Product.
4.5. The term of processing the Order for the Goods by the Seller is up to 10 working days from the date of placing the Order by the Buyer. If the Order for Goods was sent by the Buyer on a weekend or holiday, the term of processing and registration of this Order for Goods begins on the first working day after the weekend or holiday.
4.6. During the period established in Clause 4.5 of this Agreement, the Seller undertakes to:
4.6.1. confirm the availability of the Goods and assign a serial number to the Order;
4.6.2. send information about the Order to the e-mail address specified by the Buyer in the Order for the Goods.
4.7. The Seller provides a payment document to the Buyer during the sale of the Goods.
4.8. The Seller has the right to reject the Order in case of actual absence of the Goods in the warehouse, by sending an electronic message to the Buyer. In this case, the rights and obligations of the Parties related to the sale, delivery and transfer of the ordered Goods to the Buyer and payment to the Seller provided for in this offer shall be terminated, and the cost of the Goods, paid by the Buyer with a bank card online, will be returned to the card from which the payment was made payment within 10 calendar days from the moment of rejection of the Order by the Seller.
4.9. The seller makes every effort to provide information about the Product as accurately as possible. However, for technical reasons, situations in which the information may contain inaccuracies or appear incomplete are not excluded. Therefore, the Seller reserves the right to correct errors, change or update information about the Goods at any time.
4.10. Due to the specifics of the visual display of various Products on the monitor screen (mobile device screen), some colors may slightly differ from the colors of the actual samples.
4.11. In the event of significant inaccuracies in the description of the Goods ordered by the Buyer, the Seller is obliged to notify the Buyer of the identified inaccuracies and independently refuse to perform or give the Buyer the opportunity to refuse the Order.
4. 12. To confirm the Order, the Buyer may be contacted by a
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The buyer is obliged to:
5.1.1. to provide the Seller with complete and reliable information about their data;
5.1.2. familiarize yourself with the information about the Product, as well as the cost and methods of delivery of the Product on the Site;
5.1.3. in the order and under the conditions established by this Agreement, pay for and accept the ordered Goods;
5.1.4. upon receiving the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incomplete completion of the Goods, record this fact by drawing up an act signed by the Buyer and the person who delivered the Goods to the Buyer and/or in another form determined by the selected delivery service (courier service) that delivered the Goods. The Seller is not responsible for damage or loss of the Goods listed in the Order and is not an intermediary in the legal relationship between the Buyer and the relevant delivery service.
5.1.5. Before concluding the Agreement, familiarize yourself with the content of this Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store https://wrestling.ua/.
5.1.6. fulfill the terms of this Agreement.
5.1.7. perform other duties stipulated by this Agreement and the current legislation of
5.2. The buyer has the right to:
5.2.1. place an order on the corresponding page of the website https://wrestling.ua/.
5.2.2. require the Seller to fulfill the terms of this Agreement;
5.2.3. refuse to accept and pay for poor-quality or incomplete Goods or Goods that do not correspond to the Order sent for this Goods;
5.2.4. to exercise other rights provided for by this Agreement and the current legislation of
5.3. The seller is obliged to:
5.3.1. provide the Buyer with complete and reliable information about the Product, as well as its value by posting this information on the Site;
5.3.2. on the terms established by this Agreement, transfer the Goods to the Buyer or the Recipient of the Goods in accordance with the selected sample on the relevant page of the Website https://wrestling.ua/, issued by the Order and the terms of the Agreement;
5.3.3. check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse.
5.3.4. fulfill the terms of this Agreement.
5.4. The seller has the right to:
5.4.1. demand from the Buyer the fulfillment of the obligations assigned to him in accordance with the terms of this Agreement;
5.4.2. change the prices of the Goods, unilaterally, by placing them on the website of the online store. All changes become effective from the moment of their publication.
5.4.3. unilaterally suspend the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement, as well as modify or terminate the validity of this Agreement. Such change or suspension of this Agreement does not apply to orders made before such changes, which were accepted for execution.
6. CONTRACT PRICE. PAYMENT PROCEDURE FOR GOODS
6.1. The price of the Product is indicated on the website https://wrestling.ua/ in the national currency of
6.2. The Seller reserves the right to change the price of the Goods before the Order is placed without notifying the Buyer.
6.3. The final price is the price specified in the relevant section on the Website https://wrestling.ua/ for cashless payment by bank card, or the price specified in the relevant section on the Site at the time the Buyer receives the account number when paying using payment terminals, or the price specified in the issued invoice.
6.4. Payment for the ordered Goods is carried out in accordance with the conditions specified on the Site in the "Payment and Delivery of Goods" section and the terms of this Agreement.
6.5. Settlements between the Parties regarding the terms of this Agreement are made in the national currency of
6.5.1. by transferring the appropriate amount of money to the Seller's current account by the Buyer in accordance with the bank details specified in the invoice for payment of the corresponding Goods provided/sent to the Buyer by the Seller;
6.5.2. in cash to the authorized person of the Seller or representative of the courier service upon receipt of the Goods;
6.5.3. by means of non-cash payment on the Website of the Seller's online store;
6.6. The date of payment by the Buyer of the value of the Goods is the date of receipt of the corresponding amount of funds to the Seller's current account.
6.7. Failure by the Buyer to fulfill his obligations regarding the payment of the Goods ordered by him is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, has the effect of terminating in full all obligations of the Seller that arose as a result of the the Buyer's rejection of the Seller's offer to enter into this Agreement.
7. DELIVERY OF GOODS. TRANSFER OF OWNERSHIP TO THE GOODS
7.1. The Buyer receives the Product via delivery by the selected delivery service or receives it personally.
7.2. The Goods are delivered in the following ways:
7.2.1. independent receipt of the Goods by the buyer from a warehouse in Khmelnytskyi.
7.2.2. by the courier service of the postal carrier "Nova Poshta" at the expense of the Buyer;
7.2.3. by the courier service of the postal company "Ukrposhta" at the expense of the Buyer.
7.3. Goods are delivered abroad (except the territory of the
7.4. In case of delivery of the Goods by a courier service, the responsibility for the preservation of the Goods until the moment of its transfer to the Buyer is borne by the courier service.
7.5. In the event of a delay in the delivery of the Goods not due to the fault of the Seller, the delivery period may be extended by 10 calendar days, provided that the Seller notifies the Buyer in advance of the delay by sending a corresponding message to the Buyer's e-mail or by phone specified by the Buyer. Such extension of terms is not a violation of the obligation under the Agreement.
7.6. The goods are delivered to the Buyer or Recipient of the Goods in a properly packaged form.
7.7. In accordance with the Law of
7.8. All questions that arose during the process of payment and receipt of the Goods can be clarified by the Buyer in the contact information section of the Website https://wrestling.ua/contacts/ or by calling +38 093 207 67 95.
8. TERMS OF RETURN OF GOODS AND PRINTING DEFECTS
8.1. The Buyer has the right to exchange within fourteen days a non-food product of appropriate quality for a similar one from the Seller from whom it was purchased, if the Product did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The return of the Goods of appropriate quality is possible within the terms stipulated by the legislation of Ukraine, if the goods have not been used, have preserved their appearance, consumer properties, and are accompanied by documents issued together with the Goods upon their purchase in accordance with the conditions stipulated by the Law of Ukraine "On the Protection of Consumer Rights ".
8.2. The return of the Goods must be made by the Buyer in the original packaging in which he or the Recipient of the Goods received the Goods. The return or exchange of the Goods, as well as the refund of funds, is carried out in accordance with the procedure and terms determined by the current legislation of
8.3. In accordance with the Decree of the Cabinet of Ministers of Ukraine No. 172 dated 19.03.1994 "On the Implementation of Certain Provisions of the Law of Ukraine "On the Protection of Consumer Rights", printed publications are classified as good quality goods that are not subject to exchange (return).
8.4. In the case of detection of product defects, the Seller, at the request of the Buyer, shall refund funds in the amount of the value of the returned products within 14 days from the day of purchase of the Product and by photographing the defect on the day of receipt of the Product, taking into account Clause 8.5 of the Agreement.
8.5. If the Buyer discovers a defect or a significant defect in the Product, the Buyer records it in the Return Act. The act of returning the goods and the application for the return of funds is drawn up according to the form provided by the Seller to the Buyer for filling. Refunds for the Goods are made exclusively by the method used by the Buyer when paying for the Goods. A defect in the Product is any non-compliance of the Product with the requirements of regulatory acts and normative documents, the terms of contracts or the requirements imposed on it, as well as information about the Product provided by the manufacturer. A significant defect in the Product is a defect that makes it impossible or inadmissible to use the Product in accordance with its intended purpose, which arose due to the fault of the manufacturer (seller, performer), after its elimination appears again for reasons independent of the Buyer (consumer), and at the same time is entitled to at least one of the following signs: 1) it cannot be removed at all; 2) its elimination requires more than fourteen calendar days; 3) he makes the Goods significantly different from what is provided for in the contract.
9. RESPONSIBILITY OF THE PARTIES
9.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with this Agreement and the current legislation of
9.2. The seller is not responsible for the damage that was incurred by the Buyer as a result of his improper use of the Goods ordered in the online store.
9.3. The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under this Agreement during the period of force majeure.
10. CONFIDENTIALITY. PROTECTION OF PERSONAL DATA
10.1. Any information contained in this Agreement and obtained by the Parties in the process of its execution is confidential and is not disclosed to third parties without the written consent of the other Party, except for cases that do not require the written consent of the other Party, namely in in the event that such disclosure is carried out in fulfillment of this Agreement or provided for by the legislation of Ukraine.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of their obligations under this Agreement in the event that the fulfillment of obligations under this Agreement becomes objectively impossible due to force majeure (circumstances of force majeure).
11.2. Circumstances of force majeure (circumstances of force majeure) are defined in Part 2 of Article 141 of the Law of Ukraine "On Chambers of Commerce and Industry in
11.3. Confirmation of the occurrence of force majeure is a relevant certificate from the Chamber of Commerce and Industry of Ukraine or a territorial body authorized by it.
12. DISPUTE RESOLUTION PROCEDURE
12.1. All disputes arising between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under the Agreement can be settled at the request of one of the Parties through negotiations, amicable agreements, etc. The dispute, which is not settled through negotiations, is resolved in the court at the place of residence of the Defendant in accordance with the current legislation of
13. USE OF THE BUYER'S PERSONAL DATA
13.1. The information specified by the Buyer when placing the Order (surname and first name, mobile phone number, e-mail, postal address, etc.) is his personal data. The Buyer's personal data is confidential information, the collection and further processing of personal data is carried out in accordance with the Law of
13.2. The purpose of processing personal data is to provide the Seller with the ability to identify the Buyer's own information on the Site, to ensure the Seller's ability to provide the Goods necessary for sale on the Site, to ensure the Buyer's ability to receive technical and advisory support regarding the use of the Site, as well as to ensure that the Seller fulfills its obligations in accordance with terms of this Agreement.
13.3. By agreeing to this Agreement, the Buyer voluntarily provides the Seller with personal data for registration in the information system, as well as for the purpose of supporting cooperation with the Seller. The Buyer also gives indefinite consent to the use of his personal data for processing Orders for the purchase of Goods, receiving advertising and special offers, information about promotions, raffles, and other information about the Seller's activities.
13.4. The Buyer grants the Seller the right to process his personal data, including: to record personal data in the Seller's database (without additional notice to the Buyer about this), to carry out lifelong data storage, their accumulation, update, change (if necessary).
13.5. The owner of the personal data provided by the Buyer is INDIVIDUAL ENTREPRENEUR SINCHUK Tetyana Mykolaivna, registration number of the taxpayer's registration card 2938221585, location of the individual entrepreneur 29027, Khmelnytskyi city,
13.6. For the purposes of this Agreement, the Buyer grants the Seller the right to send him any information of a commercial, informational nature, as well as information about other consumer offers by mail, e-mail, phone, SMS, through any messengers, messages to make calls to the specified mobile phone number of the Buyer .
13.7. The Buyer's data is confidential. Only authorized persons of the Seller and the Seller himself have access to the data, and this data may be provided at the request of law enforcement and/or other authorities in accordance with current legislation.
13.8. The responsibility for the unreliability of the data provided to the Seller is borne by the Buyer.
13.9. Realization of the Buyer's rights as a subject of personal data provided for by the Law of Ukraine "On the Protection of Personal Data" is possible by sending the Buyer to the Seller a corresponding request using the details of the Seller specified in clause 13.5. of this Agreement.
13.10. The seller has the right to use "Cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
14. FINAL PROVISIONS
14.1. This Agreement enters into force from the moment of its conclusion, i.e. from the moment of acceptance (acceptance) of the Agreement by the Buyer, in accordance with the procedure provided for in this Agreement, and is valid until the moment of full fulfillment of the that is, from the moment of acceptance (acceptance) of the Agreement by the Buyer, in the manner stipulated by this Agreement, and is valid until the moment when the Parties fully fulfill their obligations under the Agreement.
14.2. Withdrawal or change of the terms of the proposal (offer) regarding the conclusion of this public Contract, as well as the change of the terms of the Contract, may be carried out by the Seller at any time without additional warning to the Buyer.
14.3. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or violation of the Agreement, are regulated by this Agreement and the relevant the norms of the legislation in force in Ukraine, as well as the customs of business turnover applicable to such legal relations based on the principles of good faith, reasonableness and justice.
14.4. This Agreement is drawn up with full understanding by the Parties of its terms and terminology in the English language.