User Agreement
PUBLIC CONTRACT (OFFER)
for the order, purchase, sale, and delivery of goods
This contract is the official and public offer of the Seller to conclude a contract of sale for the Product presented on the website Svastone.com. This contract is public, which means, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, or individual entrepreneur) without giving preference to any one buyer over another. By concluding this contract, the buyer fully accepts the terms and conditions of the order, payment, delivery, return of goods, responsibility for dishonest orders, and all other conditions of the contract. The contract is considered concluded when the buyer clicks the "Confirm Order" button on the order page in the "Cart" section and receives an electronic confirmation of the order from the Seller
1. Definitions of Terms
- 1.1. Public offer (Offer) – a public proposal made by the Seller to an unspecified group of persons to enter into a distance sales contract (hereinafter referred to as the "Contract") under the terms set forth in this Offer
- 1.2. Goods or Service – the object of the agreement between the parties, which was selected by the buyer on the website of the online store and placed in the cart, or already purchased by the Buyer from the Seller via distance selling
- 1.2. Online Store – the Seller's website at www.svastone.com, created for the conclusion of retail and wholesale sale agreements based on the buyer's review of the goods offered by the Seller through the Internet
- 1.3. Buyer – a capable individual who is at least 18 years old, receives information from the Seller, places an order to purchase goods presented on the online store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur
- 1.4.Seller – Individual Entrepreneur "FOP Andreeva Oleksandra Vyacheslavivna" (Identification code 3210118964).
2. Subject of the Contract
- 2.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract
- 2.2. The date of conclusion of the Contract-Offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is the date when the Buyer fills out the order form on the website of the Online Store, provided that the Buyer receives confirmation of the order in electronic form from the Seller. If necessary, at the Buyer’s request, the Contract may be executed in writing
3. Order Placement
- 3.1. The Buyer independently places an order in the online store via the "Cart" form or by placing an order by email or by phone as indicated in the contact section of the online store
- 3.2. The Seller has the right to refuse to fulfill the order if the information provided by the Buyer during order placement is incomplete or raises doubts about its validity
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3.3. When placing an order on the online store’s website, the Buyer must provide the following mandatory information required by the Seller to process the order:
- 3.3.1. The Buyer’s surname and first name;
- 3.3.2. The Buyer’s surname and first name
- 3.3.3. Contact phone number.
- 3.3.4. Identification code for legal entities or individual entrepreneurs.
- 3.4. The name, quantity, article, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store’s website.
- 3.5. If either Party requires additional information, they have the right to request it from the other Party. In case the Buyer does not provide the required information, the Seller is not responsible for the quality of service 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 agrees to provide the information specified in clauses 3.3 - 3.4 of this Offer.
- 3.6. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
- 3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
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3.8. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
- а) The buyer is fully and completely familiar with and agrees to the terms of this offer;
- б) he gives permission to collect, process and transfer personal data, the permission to process personal data is valid throughout the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", the purposes of data collection, and that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, making mutual settlements, and also for receiving invoices, acts and other documents. The Buyer also agrees that The Seller has the right to provide access to and transfer his personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's order. The extent 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 him.
4. Price and Delivery of the Product
- 4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnias including VAT..
- 4.2 Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of a single unit of Goods, the cost of which has been paid in full by the Buyer, may not be changed unilaterally by the Seller..
- 4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivering the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
- 4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivering the Goods to the Buyer's address.
- 4.5. The Seller may indicate the approximate cost of delivering the Goods to the Buyer's address when the Buyer makes a 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 Seller receives funds to his account..
- 4.7. Payments between the Seller and the Buyer for the Goods are made 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 with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
- 4.9. The Buyer or his representative, upon receipt of the Goods, confirms by his signature on the goods receipt/or in the order/or in the shipping bill for the delivery of the Goods that he has no complaints about the quantity of the Goods, the appearance and completeness of the Goods.
- 4.10. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
5. Rights and obligations of the Parties
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5.1. The seller is obliged 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 as provided by law and during the execution of the Buyer's Order.
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5.2. The seller has the right:
- 5.2.1 Change the terms of this Agreement, as well as the prices for Goods and Services, unilaterally by posting them on the website of the Online Store. All changes shall come into force from the moment of their publication.
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5.3 The buyer undertakes:
- 5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
- 5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer
6. Return of Goods
- 6.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods do not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The 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 for the Goods have been preserved. The list of goods that are not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
- 6.2. The Buyer shall be refunded the cost of goods of proper quality within 14 (fourteen) calendar days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements stipulated in clause 6.1 of the Agreement and the current legislation of Ukraine
- 6.3. The cost of the goods is subject to refund by bank transfer to the Buyer's account.
- 6.4. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
- 6.5. In the event of defects in the Goods being discovered during the established warranty period, the Buyer, in person, in accordance with the procedure and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for in The Law of Ukraine "On Protection of Consumer Rights". When submitting claims for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at your disposal and physical access to such Goods.
- 6.6. Consideration of the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arise after their transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the Goods, actions of third parties or force majeure.
- 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 them, (including, at the request of the Buyer, non-standard dimensions, characteristics, appearance, equipment, etc.). Confirmation that the product has individually defined properties, there is a difference in the dimensions of the product and other characteristics specified 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 indicated on the website in the "Contacts" section.
7. Responsibility
- 7.1. The Seller is not responsible 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 responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
- 7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
- 7.4. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a result of force majeure circumstances such as: war or military action, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or Buyer after the conclusion of this agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.
8. Privacy and data protection.
- 8.1. By providing their personal data on the Online Store website when registering or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of your personal data, as well as taking other actions stipulated by the Law of Ukraine "On Personal Data Protection", without limiting the validity period of such consent.
- 8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller,including to fulfill 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.
- 8.3. The buyer is responsible for keeping their personal data up to date. The seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
- 8.4 The Buyer has the unconditional right to withdraw his consent to the processing of personal data by notifying him in writing.
9. Other conditions
- 9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
- 9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the courts for resolution of the dispute in accordance with the current legislation of Ukraine.
- 9.3. The Seller has the right to make amendments to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
SELLER'S ADDRESS AND DETAILS:
- FOP Andreeva Alexandra Vyacheslavovna TIN 3210118964
- 03067 Kyiv, Oleksi Tykhyho St. 81/83, office 102
- UA143052990000026007025034541
- JSC CB "PRIVATBANK"
- tel. 0985162788