Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as - the Parties, have entered into this Public Offer Agreement (hereinafter - the Agreement), addressed to an unlimited circle by the official public offer of the Seller to conclude a contract of sale of Goods with the Buyers, the photos of which are posted in the appropriate section of the website artled.com.ua
Sellers who intend to sell Goods using the website artled.com.ua and Buyers when purchasing Goods, the images of which are posted on the corresponding pages artled.com.ua, accept the terms of this Agreement on the following.
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GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the page of the website artled.com.ua in the corresponding section of the "Place ORDER" button; means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the Contract of the offers specified below.
1.2. The public offer contract is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers regardless of their status (natural person, legal person, natural person entrepreneur). In full agreement with this 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. This Agreement enters into force from the moment of clicking on the "PLACE ORDER" button, by which the Buyer agrees to purchase the existing Seller's Goods and is valid until the Buyer receives the Goods from the Seller and complete payment with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If the international treaty, the binding consent of which has been given by the Verkhovna Rada of Ukraine, establishes different rules than those established by Ukrainian legislation, the rules of the international treaty shall be applied.
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TERMS AND DEFINITIONS
"Public Offer Agreement" - a public contract, a sample of which is posted on the website artled.com.ua and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website artled.com.ua, addressed to an unspecified circle of persons, including Buyers.
«Acceptance» - acceptance by the Buyer of the seller's offer to purchase the Product, the image of which is posted on the website artled.com.ua, by adding it to the virtual cart and sending the Order.
«Goods» - item of trade (product, model, accessory, components and accompanying items, any other items of trade), the purchase of which on the Website artled.com.ua posted seller's offer.
«Buyer» - any able-bodied individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who visited the website artled.com.ua and intend to purchase one or another Product.
«Seller» - any able-bodied natural person, legal entity, natural person-entrepreneur, in accordance with current international and Ukrainian legislation, who are the owners or distributors of the Goods and with the help of The website artled.com.ua intend to sell it.
«Order» - properly executed and placed on the website artled.com.ua the Buyer's application for the purchase of Goods addressed to the seller.
"Legislation" - norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.
"Significant defect of the Product" - a defect that makes it impossible or inadmissible to use the Product in accordance with its intended purpose, was caused by the fault of the manufacturer (Seller), after its elimination, it appears again for reasons beyond the control of the consumer.
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OBJECT OF THE AGREEMENT
3.1. The Seller undertakes, under the conditions and in the manner specified in this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Website https://artled.com.ua, and the Buyer undertakes to buy the Product and pay for it under the conditions and in the order specified by this Agreement.
3.2. The Seller guarantees that the Goods have not been pledged, are not the subject of a dispute, are not under arrest, and there are no third party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or pretend transaction or an agreement made under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits for conducting business activities that regulate the scope of legal relations that arise and operate in the process of executing this Agreement, and also guarantees that he has the right to production and/or sale of the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the rights of the Buyer in the process of execution of this Agreement and sale of the Goods.
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SELLER'S RIGHTS AND CONDITIONS LANGUAGES
4.1. The seller is obliged to:
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fulfill the terms of this Agreement
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fulfil the Buyer's order in case of receipt of payment from the Buyer;
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hand over the Goods to the Buyer in accordance with the selected sample on the relevant page of the artled.com.ua website, the completed order and the terms of this Agreement;
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check the quality and quantity characteristics of the Product during its packaging in the warehouse
4.2. The seller has the right:
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unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
4.3. Seller:
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A business entity from among the persons who offer to purchase the Product on the artled.com.ua website according to the unified agreed rules set forth in this public offer contract.
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BUYER'S RIGHTS AND REQUIREMENTS LANGUAGES
5.1. The buyer is obliged to:
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pay and receive the order in a timely manner under the terms of this Agreement;
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get acquainted with information about the Product posted on the website artled.com.ua;
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when receiving the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the packaging. If the Goods are damaged or incomplete, record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
5.2. The buyer has the right to:
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place the order on the corresponding page of the website artled.com.ua;
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require the seller to fulfill the terms of this Agreement;
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ORDER PROCEDURE
6.1. The buyer places an order independently on the corresponding page of the artled.com.ua website by adding the Goods to the virtual basket by clicking the "Add to basket!" button, or by placing an order by e-mail or by phone number specified in the contact section of the website artled.com.ua.
6.2. Term of formation of the Order is up to 2 working days from the moment of its execution. If the order is sent on a weekend or holiday, the term of formation begins on the first working day after the weekend.
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CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the website artled.com.ua. The price of the Contract is determined by adding up the prices of all the selected Goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Contract.
7.2. The cost of the Order may vary depending on the price, quantity or product range.
7.3. The buyer can pay for the order in the following ways:
1) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) postpaid upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country, according to the place of placing the order of the goods.
3) With a credit card of this type:
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Visa
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Visa Electron
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Mastercard
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Mastercard Electronic
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Maestro
4) any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional fee may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional fee may be charged when the Buyer pays for European orders by Visa, Mastercard card issuers, Visa Electron, Mastercard Electronic, Maestro. When clicking on the "PLACE ORDER" button on the artled.com.ua website page in the corresponding section; means that the Seller informed the Buyer about the possibility of charging an additional fee when the Buyer pays for European orders by the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card.
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TERMS OF PRODUCT DELIVERY
8.1 The Buyer receives the Product by delivery or receives it in person. The procedure for payment and receipt is indicated on the corresponding page of the website artled.com.ua.
8.2. When delivering Goods to other cities of Ukraine or on the territory of another country, which is performed by other delivery services (hereinafter Carrier Companies), the Buyer fully and unconditionally agrees to the Rules for the transportation of goods by these by carrier companies.
8.3. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies, the Buyer confirms with his own signature on the goods and transport invoice, the declaration of the carrier company or in the delivery invoice upon receipt Goods. For its part, the Seller guarantees the shipment of the Goods to the carrier company in the quantity specified and paid for by the Buyer, in completeness according to the specification of the Goods and in proper (working) condition and quality.
8.4. In case of absence of the Buyer at the delivery address indicated by the Buyer in the application or refusal of the Buyer to receive the Goods for unjustified reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the trading shipping center. Payment for the services of the carrier company is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer on the basis of his letter sent to his e-mail indicating the bank account to which the funds should be returned.
The Buyer can find out all the questions that arose in the process of payment and receiving the Goods using the contact details in the Contacts section.
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TERMS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights", the Buyer has the right to exchange the Goods of appropriate quality within fourteen days, excluding the day of purchase, unless a longer period is announced by the Seller. The buyer has the right to exchange the goods, taking into account the provisions of the legislation on the grounds and the list of goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return is carried out in accordance with the "Returns" section of the Site. taking into account the rules and conditions of the carrier or courier operating on the territory of Ukraine or on the territory of another country in accordance with the place of delivery of the Goods.
9.3. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record it in a written deed of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to notify the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods, while filling out the complaint form for the return of the Goods on the website artled.com.ua.
9.4. The parties agreed that in the event of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any mechanical damage and completeness.
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LIABILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner provided for by this Agreement and current international and Ukrainian legislation.
10.2. In the event of disputes related to the implementation of this Agreement by the Parties, with the exception of disputes about debt collection from the Buyer, the Parties undertake to resolve them through negotiations with compliance with the claim procedure. Claim consideration period – 7 (seven) calendar days from the date of its receipt. Compliance with the claim procedure is not required for disputes in connection with debt collection from the Buyer.
10.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including in relation to its execution, violation, termination or invalidity, are subject to decision in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
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FORCE MAJEURE
11.1. The parties are not liable for non-fulfillment of any of their obligations, with the exception of payment obligations, if they prove that such non-fulfilment was caused by force majeure - force majeure, i.e. events or circumstances that are truly beyond the control of such party, which occurred after the conclusion of this Agreement, are unpredictable and unavoidable.
Force majeure includes, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, accidents at sea, embargoes, disasters, restrictions imposed by state authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.11.2. The Party for which it became impossible to fulfill the obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, as well as within 30 (thirty) calendar days to provide the other Party with confirmation of force majeure. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to unilaterally terminate this Agreement by notifying in writing the other side.
Despite the occurrence of force majeure, before terminating this Agreement as a result of force majeure, the Parties shall make final mutual settlements.
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OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the fulfillment of his Order (sending a message to the seller about ordering the Goods, sending advertising messages, etc.).
12.2. By accepting the Agreement or registering on the website artled.com.ua (filling in the registration form), the Buyer voluntarily consents to the collection and processing of his personal data for the following purpose: data, which become known, will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about orders, sending advertising and special offers, information by means of telecommunications (e-mail, mobile communication) about promotions, raffles or any other information about the activity of the website artled.com.ua.
For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the phone number specified in the application form.
12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, updating, change ( if necessary). The Seller undertakes to ensure the protection of data from unauthorized 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 authorized by the Seller to carry out direct data processing for the specified purposes, as well as at the mandatory request of a competent state body).
12.4. If the Buyer does not wish to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement about the refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and authenticity of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified during the order.