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User Agreement

PUBLIC CONTRACT (OFFER)

for ordering, purchase and sale, and delivery of goods

This contract is an official and public offer from the Seller to enter into a contract for the purchase and sale of Goods presented on the Svastone.com website. This contract is public, meaning that in accordance with 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 entering into this Contract, the buyer fully accepts the terms and procedure for ordering, payment for goods, delivery of goods, return of goods, liability for unfair ordering and all other terms of the contract. The Contract is considered concluded from the moment of clicking the "Confirm Order" button on the order page in the "Cart" Section and the Buyer receiving confirmation of the order from the Seller in electronic form.

1. Definition of Terms

  1. 1.1. Public Offer (hereinafter - "Offer") - a public proposal from the Seller, addressed to an indefinite number of persons, to enter into a contract for the purchase and sale of goods remotely (hereinafter - "Contract") on the terms contained in this Offer.
  2. 1.2. Goods or Service - the object of the transaction between the parties, 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.
  3. 1.3. Online Store - a website at www.svastone.com created for concluding retail and wholesale purchase and sale contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
  4. 1.4. Buyer - a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Online Store website for purposes not related to conducting business activities, or a legal entity or individual entrepreneur.
  5. 1.5. Seller - Individual entrepreneur who sells goods placed in the online store.

2. Subject of the Contract

  1. 2.1. The Seller 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 Contract.
  2. 2.2. The date of conclusion of the Offer Contract (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is considered to be the date when the Buyer fills out the order form located on the Online Store website, subject to the Buyer receiving confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Contract may be executed in written form.

3. Order Placement

  1. 3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by email or by phone number specified in the contacts section of the Online Store.
  2. 3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts about its validity.
  3. 3.3. When placing an order on the Online Store website, the Buyer is obliged to provide the following mandatory information necessary for the Seller to fulfill the order:
    1. 3.3.1. surname, first name of the Buyer;
    2. 3.3.2. address to which the Goods should be delivered (if delivery to the Buyer's address);
    3. 3.3.3. contact phone number.
    4. 3.3.4. Identification code for a legal entity or individual entrepreneur.
  4. 3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online Store website.
  5. 3.5. If any of the Parties to the contract needs additional information, they have 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 purchasing goods in the online store.
  6. 3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer is obliged to provide the information specified in clauses 3.3 - 3.4 of this Offer.
  7. 3.7. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data by the Buyer in the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, data about the Buyer is entered into the Seller's database.
  8. 3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.
  9. 3.9. By concluding the Contract, that is, by accepting the terms of this offer (the proposed terms of purchase of Goods), by placing an Order, the Buyer confirms the following:
    1. a) The Buyer is fully familiar with and agrees to the terms of this offer;
    2. b) they give permission for the collection, processing and transfer of personal data, permission for the processing of personal data is valid throughout the entire term of the Contract, as well as for an unlimited period after its termination. In addition, by concluding the contract, the Buyer confirms that they have been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and also that their personal data is transferred to the Seller in order to fulfill the terms of this Contract, 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 their personal data to third parties without any additional notifications 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 them.

4. Price and Delivery of Goods

  1. 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 indicated on the website are in hryvnias including VAT.
  2. 4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of an individual unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
  3. 4.3. The cost of Goods indicated on the Online Store website does not include the cost of delivery of Goods to the Buyer. The cost of delivery of Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by them.
  4. 4.4. The cost of Goods indicated on the Online Store website does not include the cost of delivery of Goods to the Buyer's address.
  5. 4.5. The Seller may indicate the estimated cost of delivery of Goods to the Buyer's address when the Buyer contacts the Seller with a corresponding request by sending a letter to email or when placing an order through the online store operator.
  6. 4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller into their account.
  7. 4.7. Settlements between the Seller and the Buyer for Goods are carried out in the ways specified on the Online Store website in the "Payment and Delivery" section.
  8. 4.8. 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 quality and quantity characteristics (product name, quantity, completeness, expiration date).
  9. 4.9. The Buyer or their representative, when accepting the Goods, confirms with their signature on the sales receipt/or in the order/or in the transport invoice for the delivery of goods that they have no claims regarding the quantity of goods, external appearance and completeness of the goods.
  10. 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 Buyer receives the Goods in the city of delivery of Goods during independent delivery of Goods from the Seller, or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

  1. 5.1. The Seller is obliged to:
    1. 5.1.1. Transfer to the Buyer goods in accordance with the terms of this Contract and the Buyer's order.
    2. 5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and during the fulfillment of the Buyer's Order.
  2. 5.2. The Seller has the right to:
    1. 5.2.1. Change the terms of this Contract, as well as prices for Goods and services, unilaterally, by posting them on the Online Store website. All changes come into force from the moment of their publication.
  3. 5.3. The Buyer undertakes to:
    1. 5.3.1. Before concluding the Contract, familiarize themselves with the content of the Contract, the terms of the Contract and prices offered by the Seller on the Online Store website.
    2. 5.3.2. For the Seller to fulfill their obligations to the Buyer, the latter must provide all necessary data that unambiguously identify them as a Buyer and are sufficient for delivery of the ordered Goods to the Buyer.

6. Return of Goods

  1. 6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy them in form, dimensions, style, color, size 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 including the day of purchase. Return of goods of proper quality is carried out if it has not been used and if its presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment of the Goods are preserved. The list of goods that are not subject to return on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
  2. 6.2. The return to the Buyer of the cost of goods of proper quality is carried out within 14 (fourteen) days from the moment the Seller receives such Goods, subject to compliance with the requirements provided in clause 6.1 of the Contract and current legislation of Ukraine.
  3. 6.3. The cost of goods is subject to return by bank transfer to the Buyer's account.
  4. 6.4. Return of Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and is not reimbursed to the Buyer by the Seller.
  5. 6.5. In case of detection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller provided by the Law of Ukraine "On Consumer Rights Protection". When making claims for free elimination of defects, the period for their elimination is counted from the date the Seller receives the Goods at their disposal and physical access to such Goods.
  6. 6.6. Consideration of claims provided by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller subject to the Buyer providing documents provided by current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
  7. 6.7. The Buyer does not have the 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 it (including at the Buyer's request non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the size of the goods and other characteristics indicated in the online store.
  8. 6.8. Return of goods, in cases provided by law and this Contract, is carried out at the address specified on the website in the "Contacts" section.

7. Liability

  1. 7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, storage of Goods purchased from the Seller.
  2. 7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and their obligations in case the Buyer provides unreliable or false information.
  3. 7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with current legislation of Ukraine and the provisions of this Contract.
  4. 7.4. The Seller or 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 Buyer after the conclusion of this contract. The Party that cannot fulfill its obligations immediately notifies the other Party.

8. Confidentiality and Protection of Personal Data

  1. 8.1. By providing their personal data on the Online Store website during registration or when placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as other actions provided by the Law of Ukraine "On Personal Data Protection", without limitation of the validity period of such consent.
  2. 8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation to provide information by the Seller to counterparties and third parties acting on the basis of a contract with the Seller, including to fulfill obligations to the Buyer, as well as in cases where disclosure of such information is established by the requirements of current legislation of Ukraine.
  3. 8.3. The Buyer is responsible for keeping their personal data up to date. 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-compliance with reality.
  4. 8.4. The Buyer has the unconditional right to revoke their consent to the processing of personal data by notifying in writing.

9. Other Terms

  1. 9.1. This contract is concluded on the territory of Ukraine and operates in accordance with current legislation of Ukraine.
  2. 9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or Seller have the right to apply to judicial authorities for resolution of the dispute in accordance with current legislation of Ukraine.
  3. 9.3. The Seller has the right to make changes to this Contract unilaterally in the manner provided in clause 5.2.1 of the Contract. In addition, changes to the Contract may also be made by mutual agreement of the Parties in the manner provided by current legislation of Ukraine.