OFFER
This agreement (hereinafter - the Agreement) is a public offer (offer) to enter into a contract of sale of the Goods presented on the website of the online store: www.dynamika-center.com (hereinafter - the online store). According to Article 633 of the Civil Code of Ukraine, the terms of the Agreement are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur).
1. General provisions
1.1. According to Article 634 of the Civil Code of Ukraine, the Agreement is concluded by joining other parties (buyers) to this Agreement as a whole, without changing the terms of the agreement. Buyers join this Agreement voluntarily by performing actions specified in the Agreement.
2. Terms and definitions
2.1. Goods - the object of the agreement of the parties, which was selected by the buyer on the website of the online store or already purchased by the buyer from the Seller remotely.
2.2. Online store - the Seller's website at: www.dynamika-center.com, created for the conclusion of retail and wholesale contracts on the basis of acquaintance of the Buyer with the description of the Goods offered by the Seller via the Internet.
2.3. Buyer - an able-bodied individual who has reached 18 years of age, receives information from the Seller, places an Order to purchase goods presented on the website of the Online Store for non-business purposes, or a legal entity or individual -entrepreneur.
2.4. Seller - an entity that places on the website of the online store information about the products it sells and / or services it offers.
2.5. Order - the decision of the Buyer to order the goods and its delivery, issued in the online store.
3. Subject and procedure for concluding the contract
3.1. 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 Agreement.
3.2. The goods are sold with delivery to the address specified by the Buyer in the order. The Seller's obligation to deliver the goods to the buyer is considered fulfilled at the time of delivery of the goods to the buyer, and in the case of the buyer's choice of carrier or courier service (communication organization) - at the time of delivery by the Seller to the carrier or communication organization. In this case, the risk of accidental destruction or accidental damage to the goods passes to the buyer from the moment of delivery by the Seller of the goods chosen by the buyer to the first carrier or courier service (communication organization).
3.3. The subject of the Agreement are the goods specified in the Order, which is formed independently and paid for by the buyer.
3.4. The range (nomenclature) of goods that can be purchased by the buyer under the terms of the Agreement is presented on the website of the Online Store, in the Store section.
3.5. The contract is concluded at the discretion of the parties. The Agreement is considered concluded (acceptance of the offer) from the moment the Buyer fills in the Order form on the website of the Online Store and the buyer pays for such Order. The Order formed but not paid by the buyer can be updated and paid by the buyer at any time in the presence of the corresponding goods and at the prices operating at the time of such updating.
3.6. From the moment of concluding this Agreement (joining this Agreement) the person becomes a party to the Agreement and is obliged to bear all obligations under this Agreement in full, accepts the terms and conditions of the Order, payment, delivery, return, and all other terms of the Agreement.
4. Rights and obligations of the parties
4.1. The seller must:
4.1.1. To transfer to the buyer the goods of proper quality in accordance with the terms of the Agreement and according to the buyer's order.
4.1.2. Do not disclose any private (confidential) information about the buyer and do not provide access to confidential information to third parties, except as provided by the laws of Ukraine, or at the discretion of the buyer.
4.2. The seller has the right to:
4.2.1 Unilaterally change the terms of this Agreement, as well as tariffs (prices) for goods by posting (publishing) such changes on the website of the Online Store. All changes take effect from the moment of publication on the website of the online store.
4.3 The Buyer undertakes:
4.3.1 Prior to concluding the Agreement, read the content, terms of the Agreement, characteristics and tariffs (prices) of goods offered by the Seller on the website of the Online Store.
4.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary reliable data that uniquely identifies him as the Buyer and is sufficient to deliver the ordered goods to the Buyer.
4.3.3. Pay on time and accept the ordered goods.
5. The order of registration of the order.
5.1. The Buyer places the Order on the website of the Online Store through the Order form.
5.2. The Seller has the right to refuse to form an Order and transfer the Order to the Buyer if the information provided by the Buyer at the time of placing the Order is incomplete or raises suspicions about their validity.
5.3. By paying for the Order, the Buyer agrees on the range (nomenclature), quantity and price of the goods, agrees with all the terms of the Agreement (delivery procedure, etc.).
5.4. If the Buyer fails to pay for the Order, such Order shall be invalid and this Agreement shall not be concluded.
5.5. The Order generated by the buyer is valid only for the specified goods and only for the specified number of goods in such order. If the Buyer wishes to change the quantity of ordered goods, the Buyer is obliged to place a new Order, while the previous Order is declared invalid (canceled) and payment of such canceled order does not create any obligations for the Seller.
5.6. If the Buyer wishes to re-purchase the goods in the quantity and range that correspond to the previous purchases, then such Buyer must re-form the Order.
6. Price and order of payment of the order
6.1. The prices for the goods are set by the Seller independently and are indicated on the website of the Online Store in the national currency of Ukraine. The price of the goods includes all taxes and fees provided for this type of activity.
6.2. The seller has the right to change prices for goods unilaterally depending on market conditions. In this case, the price of a single unit of Goods, the value of which is paid by the Buyer in full, may not be changed by the Seller unilaterally.
6.3. The Buyer makes a prepayment of the total cost of goods, according to the generated Order on the website of the Online Store.
6.4. The buyer, provided that the invoice is issued, must indicate the number and date of the invoice or the number and date of the order in the purpose of payment. The seller is not responsible for compliance with the terms of delivery if the purpose of payment by the buyer did not specify the number and date of the invoice or the number and date of the order.
6.5. Payment of the full value of the goods specified in the order (invoice) is made in cashless form to the bank account of the Seller. The moment (day, date) of payment is the day of receipt of funds in the amount of the total value of goods according to the relevant Order to the bank account of the Seller.
7. Procedure and conditions for returning the goods
7.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, size, style, color, size or other reasons and can not be used for its intended purpose. The buyer has the right to return the goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Return of goods of proper quality is carried out if such goods have not been used and if their appearance, consumer properties, seals, labels are preserved. The list of goods that are not subject to return on the grounds provided for in this paragraph shall be approved by the Cabinet of Ministers of Ukraine.
7.2. Reimbursement to the Buyer of the value of the goods of proper quality is made within 7 (seven) calendar days from the date of receipt of such goods by the Seller, subject to compliance with the requirements of paragraph 7.1. Agreement and current legislation of Ukraine. The value of the goods is refundable by bank transfer according to the details from which the payment for the goods was made. Delivery of goods of proper quality to the address of the Seller, is carried out at the expense of the Buyer and the Seller is not reimbursed to the Buyer.
7.3. In case of detection of defects in the Goods within the established warranty period, the Buyer, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements of the Law of Ukraine "On Consumer Protection". When presenting claims for free elimination of defects, the term of elimination of defects is deducted from the day (date) of receipt of such goods by the Seller. In this case, the delivery of small goods and goods weighing less than 5 (five) kilograms to the Seller and their return to the Buyer are made at the expense of the latter.
7.4. Consideration of the requirements of the Law of Ukraine "On Consumer Protection" is carried out by the Seller provided that the Buyer provides documents under current legislation of Ukraine, including, but not limited to, filling out a return form on the Seller's online store.
7.5. The Seller is not responsible for defects of the Goods that arose after its transfer to the Buyer as a result of violation by the Buyer of the rules of use or storage of the Goods, actions of third parties or force majeure.
8. Responsibility of the parties
8.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for the manufacturer's changed appearance, equipment.
8.3. In the event that the Buyer fails to pay for the Order, this Agreement shall be deemed not concluded and the Seller shall not be obliged to deliver the goods and shall not be liable for non-delivery of such goods under such Order.
9. Confidentiality and protection of personal data
9.1. The Parties undertake not to disclose or use in their interests, as well as in the interests of any third parties, directly or indirectly Confidential Information both during the term of the Agreement and after its expiration and take all measures to preserve the Confidentiality. Information in secret.
9.2. For the purposes of this Agreement, the term "Confidential Information" means any business, commercial, technical and other information that may not be known to the Parties from publicly available sources and transmitted by one Party to the other Party orally, in writing or in any other form marked " confidential ”or indicating that the transmitted information is confidential and which by agreement of the Parties and / or in accordance with the laws of Ukraine may be considered confidential.
9.3. Providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data and other actions under the Law of Ukraine "On Personal Data Protection" ", Without limiting the validity of such consent.
9.4. The seller undertakes not to disclose the information received from the buyer. It is not considered a violation (unauthorized disclosure) of the Seller's provision of information to contractors and third parties in order to ensure the implementation of sales relations, relations in the field of consumer protection, advertising and marketing research. The Buyer also gives his consent to the transfer (distribution) of his data to freight forwarding and courier organizations, any banks and / or financial institutions and other third parties (without limitation) at the discretion of the Seller, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
9.5. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations under the Agreement due to irrelevance or inaccuracy of information provided (specified) by the buyer.
10. Intellectual property
10.1. The Seller's Online Store contains materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photographs, graphics, music and sound.
10.2. All content of the Seller's online store site is protected by the legislation of Ukraine and international agreements.
10.3. The Buyer or any other third parties may not use the materials posted on the website of the Seller's online store, in particular: make changes, copy, publish, transfer to third parties, etc.
11. Communication and information messages
11.1. Notices under this Agreement shall be made by e-mail or by exchanging messages in messengers on the details provided by the Buyer to the Seller.
11.2. By joining this Agreement, the Buyer agrees that the messages sent to the Buyer by e-mail or messengers on the details provided by the Buyer will be binding and binding on him.
12. Force majeure
12.1. In case of force majeure (hereinafter force majeure) the parties are released from compliance with the terms of this Agreement and from liability if such non-performance / improper performance of obligations under the Agreement is a consequence of circumstances beyond the control of the non-performing party; for a period beginning from the moment the party declares force majeure and ending when the force majeure has ended or would have ended if the executing party had not taken actions that it could in fact take to withdraw from force majeure.
12.2. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede compliance with the terms of the Agreement, the occurrence of which the parties could not foresee and prevent such circumstances by reasonable means (such as natural disasters, public unrest) , military action, civil war, interference or decisions of government or local self-government bodies that directly affect the ability of a party to fulfill its obligations, except in cases of seizure of property (funds) of the non-performing party). Force majeure extends the term of performance of obligations under the Agreement.
12.3. If the force majeure lasts more than 2 (two) months, either party has the right to terminate the Agreement without going to court, upon written notice to the other party.
12.4. The presence of force majeure is confirmed by a certificate of the Chamber of Commerce and Industry of Ukraine or a relevant document of another competent authority.
13. Other terms of the Agreement
13.1. By registering on the website of the Online Store, the Buyer consents to the Seller to receive information messages from the Seller, through short message services (SMS) and e-mail, messengers on the details provided by the Buyer to the Seller.
13.2. At any time, the Buyer has the right to refuse to receive such a mailing on the website of the Online Store.
13.3. At the request and at the expense of the Buyer, the Seller may make and send to the organization selected by the Buyer a paper copy of electronic documents issued under this Agreement.
14. Term and procedure for termination of the Agreement
14.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with current legislation of Ukraine indefinitely, taking into account that part of the Orders issued and paid by the Buyer, the Agreement is valid until the Seller fulfills the obligation to deliver goods paid by the Buyer.
14.2. All changes and additions to the Agreement are set by the Seller unilaterally, made in the form of new versions of the Agreement and posted on the website: www.dynamika-center.com
14.3. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and / or Seller in accordance with applicable law of Ukraine have the right to go to court to resolve the dispute.