1. General Provisions
1.1 This offer is an official offer of the physical person Kuchura Elena Petrovna hereinafter referred to as “Seller”, to conclude an Agreement for the sale of goods by remote method, i.e. through the online shop, hereinafter referred to as “Agreement”, and places the Public offer (proposal) on the official website of the Seller https://nirata.org/ (hereinafter referred to as “website”).
1.2 The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract for the purchase and sale of goods shall be deemed to be the fact of payment by the Buyer of the order on the terms and conditions of this Agreement, within the terms and at the prices specified on the Seller’s website.
2. Concept and definitions
2.1 In this offer, unless the context otherwise requires, the following terms have the following meanings:
* “goods” – models, accessories, components and accompanying items;
* “Internet shop” – in accordance with the Law of Ukraine “On Electronic Commerce”, a means for the presentation or realisation of goods, work or services by means of an electronic transaction.
* “Seller” – a company selling goods that are presented on the Internet site.
* “Buyer” – an individual who has entered into a Contract with the Seller on the terms and conditions set out below.
* “Order” – selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
3. Subject of the Contract
3.1 The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms and conditions of this Contract.
This Agreement regulates the purchase and sale of goods in the online shop, in particular:
Buyer’s voluntary choice of goods in the Online Store;
Independent order placement by the Buyer in the online shop;
Payment by the Buyer of the order placed in the Online Shop;
Processing and delivery of the order to the Buyer on the terms and conditions of this Agreement.
4. Order placement procedure
4.1 The Buyer has the right to place an order for any product presented on the Website of the Online Shop and available.
4.2 Each item may be submitted to the order in any quantity.
4.3 If the goods are out of stock, the Company Manager is obliged to notify the Buyer (by phone or e-mail).
4.4 In the absence of goods, the Buyer has the right to replace it with a product of a similar model, to refuse this product, to cancel the order.
5. Order payment procedure
5.1 Cash on delivery
5.1. 1 Payment is made upon receipt of goods at the branch of transport companies for cash in UAH, subject to prior partial prepayment to a bank card.
5.1.2 If the funds are not received, the online shop reserves the right to cancel the order.
5.2 Cash
5.2.1 Payment is made upon receipt of goods at the point of self-delivery.
5.3 payment to the bank card of PrivatBank
Requisites for payment to bank card:
Card number for payment in UAH 4149 6293 6464 3908
Card number for payment in euros 5168 7456 4375 9183
6. Order delivery terms.
6.1 Delivery of goods purchased in the online shop is carried out to the warehouses of transport companies, where the orders are delivered.
6.2 Delivery by taxi service in Chernigov.
6.3 Delivery point (self-collection) at the address Chernigov, Zemskaya Street, 34.
6.4 Together with the order the Buyer is provided with documents according to the legislation of Ukraine.
7. Rights and obligations of the parties:
7.1 The Seller has the right to:
unilaterally suspend the provision of services under this contract in case of violation of the terms of this contract by the Buyer.
7.2 The Buyer is obliged to:
Timely pay for and receive the order under the terms of this contract.
7.3 The Buyer has the right to:
To place an order in the online shop;
To execute an electronic contract;
Demand from the Seller to fulfil the terms and conditions of this Agreement.
8. Responsibility of the Parties.
8.1 The Parties shall be liable for failure to fulfil or improper fulfilment of the terms and conditions 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 appearance of the Goods changed by the manufacturer;
for minor discrepancy in the colour scheme of the Goods, which may differ from the original Goods solely due to different colour transmission of personal computer monitors of certain models;
for the content and truthfulness of the information provided by the Buyer when placing an order;
for delays and interruptions in the provision of the Services (order processing and delivery of goods) that occur for reasons beyond its control;
for unlawful illegal actions committed by the Buyer using this access to the Internet;
for the transfer by the Buyer of his network identifiers – IP, MAC-address, login and password to third parties;
8.3 The Buyer, using the Internet access provided to him, is solely responsible for any damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
8.4 In case of force majeure circumstances the parties shall be released from fulfilment of the terms and conditions of this agreement. For the purposes of this Agreement force majeure circumstances shall mean events of extraordinary, unpredictable nature, which exclude or objectively prevent the fulfilment of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5 The Parties shall use their best endeavours to resolve any disagreements only through negotiations.
9. Other terms and conditions.
9.1 The Online Shop reserves the right to unilaterally amend this Agreement subject to prior publication on https://nirata.org/.
9.2 The online shop is created for the organisation of the remote method of sale of goods via the Internet.
9.3 The Buyer is responsible for the accuracy of the information indicated when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for goods) the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data in the understanding of the Law of Ukraine “On Protection of Personal Data”.
9.4 The Buyer’s payment for the order placed in the online shop means the Buyer’s full consent to the terms and conditions of the purchase agreement (public offer)
9.5 The actual date of the electronic agreement between the parties is the date of acceptance of the terms in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”
9.6 The use of the Internet-shop resource for viewing the goods, as well as for placing an order for the Buyer is free of charge.
9.7 The information provided by the Buyer is confidential. The online shop uses information about the Buyer solely for the purpose of order processing, sending messages to the Buyer, delivery of goods, making mutual settlements, etc. 10.
10. The order of exchange and return of goods.
10.1 Goods of proper quality
You may return the goods within 14 days in the presence of the original document confirming the fact of purchase of the relevant goods, if:
the goods are not included in the List approved by the Decree of the Cabinet of Ministers of Ukraine №172 of 19.03.1994
new goods that have not been used and have no traces of use: scratches, chips, scuffs must be preserved: the full set of goods, integrity and all components of the packaging, labels, factory markings.
you have received the goods of improper quality.
the content of the delivered goods corresponds to the order (quantity, assortment, packaging).
The goods were purchased in our shop.
The purchased goods are not subject to exchange and return in the following cases:
More than 14 calendar days have passed since the purchase of the goods;
14 calendar days have not passed since the purchase of the goods, but the goods have been used, the integrity of the packaging and/or completeness has been broken, tags/price tags, etc. are missing.
The goods are contained in the list of goods that are not subject to return and exchange, according to the Resolution of the Cabinet of Ministers of Ukraine №172 of 19.03.1994 (in the current edition) http://zakon4.rada.gov.ua/laws/show/172-94- p, namely:
If the buyer refuses to provide photo or video evidence of defective and/or faulty in his opinion goods.
11. Term of the contract.
11.1 The electronic contract shall be deemed to be concluded from the moment of receipt by the person who sent the offer to conclude such contract, of the response on acceptance of this offer in the manner specified in the sixth part of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2 Before the expiry date this Contract may be cancelled by mutual agreement of the Parties until the actual delivery of the goods by refunding the funds
11.3 The parties have the right to terminate this Agreement unilaterally, in case of failure of one of the parties to fulfil the terms of this Agreement and in cases stipulated by the current legislation of Ukraine.
Please note that the online shop “Nirata” on the official website https://nirata.org/ has the right, in accordance with the legislation of Ukraine, to grant the right to use the Internet platform to FLPs and legal entities for the sale of goods.
12. Notifications and mailings.
12.1 The Seller may send you messages in response to messages (requests and complaints) sent by you via the feedback form and in the process of ordering goods and/or services, managing orders, issuing goods, providing services. The Seller sends messages in the form of emails, messages in Viber, Telegram, Facebook Messenger, SMS messages, messages in a mobile application, messages in a web browser. You can manage the messaging procedure via any feedback form or via the telephone number provided on https://nirata.org/.
12.2 The Seller may send you information and marketing mailings (news, company promotions, information about promotions, promo codes and discounts, personal recommendations, personalised discounts and offers) which contain information about goods and/or services, promotional and commercial offers for such goods and/or services. Information and marketing mailings are carried out on the basis of a subscription to the mailings made by you through the Site or when ordering goods and/or services through the Site. The Seller carries out information and marketing mailings in the form of emails, messages in Viber, Telegram, Facebook Messenger, SMS messages, messages in the mobile application, messages in the web browser. You can unsubscribe from receiving information and marketing mailings at any time – via any feedback form or by phone number specified on the website https://nirata.org/.