Offer Agreement

This Agreement is a public agreement – a public offer agreement, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of ordering, payment for the goods, and delivery of the goods.

This Agreement is an agreement between (the online store “vvs-showroom.com”), (hereinafter referred to as the “Seller”) and any legal entity, individual entrepreneur or individual user of the services of the online store, hereinafter referred to as the “Buyer” (hereinafter referred to as the “Buyer”), which includes all the essential conditions for organising the sale and purchase by remote means (i.e. through the online store).

The terms of this Agreement shall govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII dated 12 May 1991, the Rules of Retail Trade in Non-Food Products approved by the Order of the Ministry of Economy of Ukraine No. 104 dated 19 April 2007.

This agreement has the nature of a public offer, is equivalent to an “oral agreement” and has due legal force in accordance with the current legislation of Ukraine.

1. General provisions
1.1 This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organising the sale and purchase by remote means, i.e. through the online store.

1.2. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract, i.e. the public offer of the online store, is the fact of clicking on the link “Place an order”, “Place an order” or “Buy in 1 click and payment of the order in the amount of 100% under the terms of this agreement.

1.3. The public offer is also accepted when the Buyer registers on the website of the online store.

1.4. By entering into the Agreement, the Buyer confirms that he/she is fully acquainted with and agrees to its terms and conditions, and, if the Buyer is an individual, gives permission to process his/her personal data in order to fulfil the terms of this Agreement, to make mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal data shall be valid for the entire term of the Agreement. In addition, by entering into this Agreement, the Buyer confirms that he/she has been informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection” and the purposes of data collection. 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.

2. Terms and definitions
2.1. “Online store” – the Seller’s website “vvs-showroom.com”), created for the conclusion of retail sales contracts on the basis of the Buyer’s acquaintance with the description of the Goods offered by the Seller in the photographs, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods – a remote means of selling goods.

2.2. “Product” – a list of assortment items presented in the online store.

2.3. “Personal data” – any information that directly or indirectly relates to a specific person or to a person who is determined.

2.4. “Significant defect of the Goods” – a defect that makes it impossible or unacceptable to use the goods in accordance with their intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it appears again for reasons independent of the consumer and at the same time 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 from those stipulated in the contract.

3. Subject of the contract
3.1 The Online Store undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this Agreement.

3.2. This agreement governs the sale and purchase in the online store, including:

a) voluntary selection by the Buyer of goods in the online store by category;

b) the Buyer’s independent placement of an order on the website in the online store;

c) payment by the Buyer for the order placed in the online store;

d) fulfilment and transfer of the order to the Buyer’s ownership under the terms of this Agreement.

4. Ordering procedure
4.1 The Buyer shall place an order online in the online store or by telephone using the contacts indicated in the online store.

5. Cost and payment procedure for the goods
5.1. The full cost of the goods is indicated on the pages of the Seller’s online store.

5.2 Prices for Goods and services may vary depending on market conditions, which is reflected in the prices in the online store. The Seller may not change the price for a particular Buyer if the latter has already accepted the Seller’s terms and conditions and made payment for the Goods (services) in accordance with the procedure established by this Agreement.

5.3. The Buyer pays for the order within 12 hours (in the amount of 100% of the prepayment) by bank transfer to the Seller’s current account specified in the invoice, including via Internet banking.

6. Delivery of the order
6.1. Shipment of goods to the Buyer takes place after receipt of 100% payment of the invoice from the Buyer.

6.2. Delivery and return of the goods is carried out by the Seller or the transport company (carrier) at the expense of the Buyer. The total delivery time may not exceed 5 days.

6.3. The cost of delivery is not indicated in the online store, as it depends on the current tariffs of the transport company (carrier).

6.4. The seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).

6.6. The Buyer shall pay the delivery cost to the Carrier Company independently upon receipt of the goods. The exact cost of delivery is determined by the Carrier Company.

7. Return of goods of good quality
7.1. The Buyer has the right to exchange the Goods of good quality for a similar one from the seller from whom it was purchased if the goods did not satisfy him in shape, size, style, colour, size or for other reasons cannot be used for their intended purpose under the following conditions:

A) the goods for exchange are provided to the Seller within no more than fourteen days, not counting the day of purchase;

B) the goods may be exchanged if they have never been in use, do not contain any traces of use, and if their presentation, consumer properties, seals, labels, films, and the integrity of the packaging of both the goods and their components are preserved;

C) the goods are free of scratches, chips, scuffs, and are completely new;

D) the complete set of the goods sold is preserved;

E) the goods may be replaced upon presentation by the Buyer of the payment document issued to the Buyer together with the sold Goods.

7.1.1. The requirements of clause 7.1. do not apply to goods that, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On Consumer Protection”, are included in the List of Goods of Good Quality that are not subject to exchange (return)

7.2. If the Goods do not meet the conditions specified in subpara. A) – D) of clause 7.1, the Seller has the right to refuse to exchange the Goods.

7.3. The transport costs for the delivery of the Goods in the exchange under clause 7.1. shall be borne by the Buyer.

7.4. If at the time of the exchange a similar product is not on sale, the Buyer has the right to either purchase any other products from the available range with the corresponding transfer of cost, or terminate the contract and receive a refund in the amount of the value of the returned product, or exchange the product for a similar one at the first receipt of the relevant product for sale.

8. Rights and obligations of the parties
8.1. The Buyer is obliged to:

a) to get acquainted with the information about the Goods posted on the Seller’s website;

b) place an order on the website independently;

c) timely pay for and receive the order from the Carrier under the terms of this Agreement;

d) upon receipt of the Goods from the Carrier, verify their integrity and completeness by inspecting the contents of the package. In case of damage and incomplete completeness, record them in the act, which must be signed by the carrier’s employee together with the Buyer.

8.2. The Buyer has the right to require the Online Shop to comply with the terms of this Agreement.

8.3. The online store is obliged to:

a) comply with the terms of this agreement;

b) transfer the goods to the Buyer in accordance with the selected sample placed in the online store, the placed order and the terms of this agreement;

c) the online store is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the action or inaction of third parties.

8.4. The Online Store has the right to:

a) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.

9. The procedure for acceptance of goods by the Buyer
9.1. Upon receipt of the Goods at the carrier’s warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and completeness of its completeness.

9.2. In the event of at least one of the defects listed in clause 9.1. of the Agreement, the Buyer is obliged to record it in a free-form act. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the date of signing the Act, the Buyer must notify the manager (the Seller’s representative responsible for placing the order for the Goods) of the identified defects and agree on the replacement of the Goods.

9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer shall be deemed to have received the Goods in proper condition – without any mechanical damage and in full.

9.4. In case of detection of significant defects caused by the fault of the manufacturer of the Goods (the Seller), or falsification of the Goods, confirmed by the expert opinion, the Buyer, in the manner and within the terms established by the warranty obligations of the manufacturer of the Goods, taking into account the terms of the Offer Agreement, shall have the right to demand from the Seller at its option

9.4.1. termination of the agreement and refund of the amount paid for the Goods;

9.4.2. replacement of the Goods with the same Goods or similar ones from among those available to the Seller.

9.5. In this case, if the Seller confirms the significant defects of the Goods and at the will of the Buyer, the money paid shall be returned to the latter to the details specified by him within 7 (seven) calendar days after the return of the Goods.

9.6. In cases of replacement of defective Goods, payment for carrier services shall be made at the expense of the Seller.

9.7. In any case, the return of the Goods must take place in the original packaging in which the Goods were received, preserving the presentation and consumer qualities of the goods.

10. Responsibility of the parties
10.1. The Parties are responsible for non-fulfilment or improper fulfilment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.

10.2. In the event of force majeure, the Parties shall be exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures.

10.3. The Party invoking force majeure shall notify the other Party of the occurrence of such circumstances in writing by e-mail within five calendar days.

10.4. If, due to force majeure circumstances, the failure to fulfil obligations under this Agreement lasts for more than five months, each of the Parties shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing.

10.5. The Parties shall make every effort to resolve any disputes exclusively through negotiations.

11. Other terms and conditions
11.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the website “univesral-store.com.ua”

11.2. The online store is created to organise a remote method of selling goods via the Internet.

11.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.

11.4. The Buyer is responsible for the accuracy of the information provided when placing an order.

11.5. The Buyer’s payment for the order placed in the Online Store means the Buyer’s full acceptance of the terms of the Sale and Purchase Agreement (public offer of the Online Store) and is the date of conclusion of the Sale and Purchase Agreement between the Seller and the Buyer.

11.6. The use of the Online Store resource for viewing the goods and placing an order is free of charge for the Buyer.

11.7. The information provided by the Buyer is confidential. The Online Store uses the information about the Buyer solely for the purposes of the operation of the Online Store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.)

11.8. By accepting the Agreement or registering on the website “www.universal-store.com.ua” (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data in the Seller’s registered database “Counterparties” for the following purposes: the data that becomes known to the Seller will be used for commercial purposes, including processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers, information, etc.

11.9. The Buyer gives the Seller the right to process his/her personal data, including: to place personal data in the Buyer’s databases (without additional notification of the Participant about it), to carry out lifelong data storage, accumulation, updating, and changing (as necessary). The Buyer undertakes to ensure the protection of data from unauthorised access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorised by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).

11.9. The Buyer grants the Seller the right to process his/her personal data, including: to place personal data in the Buyer’s databases (without additional notification of the Participant thereof), to store data for life, accumulate, update, change (as necessary). The Buyer undertakes to ensure the protection of data from unauthorised access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorised by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).

11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

12. The term of this agreement
12.1 This agreement shall enter into force from the date of ordering or registration in the online store “vvs-showroom.com” and is valid until all the terms of the agreement are fulfilled.