PUBLIC AGREEMENT (OFFER)
FOR PURCHASE AND SALE OF GOODS
Limited Liability Company “WINES OF ZAPORIZHZHA” represented by the director Furdin Natalia Vladimirovna (hereinafter – the Seller), acting on the basis of the Charter, on the one hand and any fully capable individual who has accepted (accepted) this offer (hereinafter – the Buyer) on the other hand, jointly named – the Parties, have entered into this public contract in accordance with Art. 633 of the Civil Code of Ukraine (hereinafter – the Agreement). Guided by Art. Art. 633, 641, this offer is public and its terms are the same for all consumers. This public offer, concluded by acceptance, does not require bilateral signing and is valid electronically.
TERMS AND CONCEPTS
The site is an information resource of the Seller, which is posted by the Seller on the Internet, at the address: graevo.com.ua. In order to provide potential Buyers with the opportunity to pre-select, reserve and order the Seller’s goods, the Electronic Catalog of GRAEVO store goods (hereinafter – the Electronic Catalog) is posted on the Site.
Shop GRAEVO – brand store Seller GRAEVO, located at: Zaporozhye, blvd. Shevchenko, building 14.
Order – the Buyer’s application, which is made through the Site, sent to the address of the GRAEVO store, to search, reserve the Seller’s Goods for further redemption by the Buyer. The order is made by filling out the appropriate electronic form on the Site with the provision of personal and other data necessary for the performance of the Agreement.
Acceptance – the legal fact of acceptance by the Buyer of conditions of this public offer.
1. SUBJECT OF THE AGREEMENT
1.1. The Seller undertakes to transfer ownership, and the Buyer undertakes to accept and pay for the Goods at the prices specified in the description of the Goods on the relevant page of the Site, in accordance with the terms of the Agreement.
1.2. The goods that the Buyer buys under the terms of this Agreement are intended for personal, domestic or other use not related to business activities. The Buyer is the end consumer of the Goods.
1.3. The name, range, quantity and price of the Goods that are the subject of this Agreement are determined in the Buyer’s Order, placed through the Site and in the fiscal check issued by the GRAEVO store.
1.4. Acceptance of the offer is the punching of the fiscal check at the time of shipment of the Goods to the Buyer by his order, placed through the Site.
1.5. By accepting the offer, the Buyer guarantees that he is acquainted, agrees, and fully and unconditionally accepts all the terms of the Agreement.
1.6. By accepting, the Buyer warrants that he has the legal right to enter into a contractual relationship with the Seller.
1.7. The Seller has the right to make changes to the terms of the Agreement at any time without notifying the Buyer. The changes take effect from the moment of their publication on the Site at the address: graevo.com.ua.
1.8. The Agreement shall enter into force upon acceptance and shall remain in force until the Parties have fully fulfilled their obligations.
2. PROCEDURE FOR PURCHASE OF GOODS
2.1. The goods can be purchased by leaving an order for its purchase through the Site. The Buyer finds the Goods he needs on the Site and makes an Order through a special form on the Site.
2.2. In the process of placing the Order, the Buyer undertakes to provide the Seller with complete and reliable information sufficient for the Seller to fulfill its obligations to sell and deliver the Goods.
2.3. The Buyer agrees that in the event of any change in any data provided to the Seller, necessary for the proper fulfillment of obligations to sell and deliver the Goods, the Buyer undertakes to immediately notify the Seller of the details specified on the Site.
2.4. The Buyer agrees that in case of non-performance and / or improper performance by the Seller of obligations to sell and / or deliver the Goods in connection with the provision by the Buyer of inaccurate, incomplete and / or invalid data, as well as non-compliance with the terms of this Agreement, The seller is not liable for any damages.
2.5. The Buyer acknowledges that the Seller makes every effort to ensure that the appearance of the Goods corresponds to the description given on the Site. At the same time, the Seller informs the Buyer that in fact the appearance and characteristics of the Goods may differ slightly from these descriptions. The Seller reserves the right to report inconsistencies in the description of the Goods on the Site. In the latter case, the Buyer, of course, accepts such inconsistencies in the implementation of the Acceptance.
2.6. The Buyer is informed that the price and availability of the Goods on the Site may change without prior notice, and are indicated in the description of the Goods on the Site.
2.7. After placing the Order by the Buyer of the Goods, the Buyer has the opportunity to pay for the Goods in the ways provided by this Agreement.
2.8. The Seller makes every effort to ensure that the Site displays the most relevant information about the availability of a Product in the Seller’s warehouse.
2.9. The Buyer agrees that the Seller cannot guarantee the availability of the Goods in sufficient quantity, if the total quantity of the Goods under the Orders of this Buyer exceeds the volume, a typical necessity for personal use.
2.10. Delivery of the Goods is carried out within the period specified on the Site or in accordance with the terms of the selected carrier. In the absence of the Goods in the Seller’s warehouse, the Seller notifies the Buyer indicating the possible delivery time of the Goods.
3. OBLIGATIONS OF THE PARTIES
3.1. The buyer undertakes:
3.1.1. Accept and pay for the ordered Goods in accordance with the terms of this Agreement.
3.1.2. In case of non-collection of the Goods from the branch of the delivery service, courier service within the period established by the rules of the delivery service for collection of the Goods, reimburse the Seller for costs associated with delivery of the Goods and reimburse other costs. The maximum terms for receiving the Goods are established by the official rules of delivery services, by means of which the Goods are delivered.
3.1.3. When filling out the Order form, provide the Seller with the true and reliable data necessary for the delivery of the Goods.
3.1.4. Do not use the materials of the Site without the consent of the copyright holders. For the lawful use of the materials of the Site it is necessary to conclude license agreements (obtaining licenses) from the right holders.
3.1.5. At the request of the Seller to present a document certifying the age (adulthood) and identity of the Buyer.
3.2. The seller undertakes:
3.2.1. Transfer the paid Goods to the Buyer’s property and issue a fiscal check.
4.1. The quality of the Goods must meet the requirements of current regulatory and technical documentation and is confirmed by the relevant documents established by applicable law for this type of Goods.
4.2. The goods are transferred in the manufacturer’s packaging, if provided. The quality of the Goods is guaranteed by the manufacturer.
5. COST AND CALCULATION PROCEDURE
5.1. Prices for the Goods are set by the Seller in the Electronic Catalog, formed in the national currency of Ukraine and indicated in the Order, which is placed through the Site and in the fiscal check issued by the GRAEVO store.
5.2. The Buyer pays for the Goods in the following ways:
– by bank (non-cash) transfer of money to the bank details of the Seller;
– cash at the Seller’s cash desk in the GRAEVO store;
– using the software and hardware of the payment service, aggregator and / or payment provider involved by the Seller (wayforpay.com)
5.3. The Seller may grant the Buyer the right to pay for the Goods on the terms of deferred payment, which is indicated by the Seller in the fiscal check. The possibility to purchase the Goods on the terms of deferred payment and the term of deferral is agreed by the parties at the time of placement by the Buyer of the Order for reservation of the Goods through the Site. The decision to grant the Buyer the right to pay for the Goods on the terms of deferred payment is made by the Seller at its discretion.
5.4. The moment of fulfillment by the Buyer of its obligations to make payments for the Goods is the date of receipt of the relevant amount in the bank account or at the cash desk of the Seller.
6. DELIVERY OF GOODS
6.1. Place of shipment of goods – GRAEVO store.
6.2 .Seller at the request of the Buyer, after registration of the sale of the Goods in the GRAEVO store, may deliver the Goods purchased by the Buyer, own forces or by engaging third parties, at his own expense or (depending on the value of the Goods) or at the expense of the Buyer to the address specified by the Buyer .
6.3. The date of delivery of the Goods is the date of receipt and transfer of the Goods, specified in the fiscal check, which issued the sale of the Goods in the GRAEVO store.
6.4. Acceptance-transfer of the Goods is carried out by the representatives of the parties in the order determined by the current legislation of Ukraine, and is made out by issue by the Seller of the fiscal check.
6.5. The transfer of risks and ownership of the Goods from the Seller to the Buyer occurs at the time of receipt and transfer of the Goods.
7. RESPONSIBILITY OF THE PARTIES
7.1. The parties are liable for non-performance or improper performance of their obligations in accordance with the laws of Ukraine.
7.2. In case of late payment of the value of the Goods, the Buyer is obliged to pay the Seller a penalty in the amount of double the discount rate of the NBU on the amount owed for each day of delay.
7.3. The Seller is not responsible for increasing the delivery time of the Goods to the Buyer, which arose through no fault of his.
7.4. Termination of the Agreement by the Buyer or withdrawal of the Acceptance of the offer does not impose on the Seller the obligation to return the funds actually spent on the execution of the relevant Order.
7.5. Seller is not responsible for: any actions that are a direct or indirect result of the actions of any third parties; any indirect losses or lost profits; impossibility of use or consequences of use by the Buyer of the chosen form of payment.
7.6. The amount of the Seller’s total liability for any claim or claim is limited to the amount of the price of the Goods paid by the Buyer under the disputed Order.
7.7. The parties are released from liability for breach of the terms of the Agreement, if such breach is caused by force majeure (force majeure).
7.8. In the event of disputes on the issues provided for in this Offer, the Parties will take all measures to resolve them through negotiations.
7.9. If it is impossible to resolve these disputes through negotiations, they will be resolved in accordance with current legislation of Ukraine.
8. OTHER CONDITIONS
8.1. This Agreement is legally equivalent to an agreement concluded in simple written form.
8.2. The contract is automatically dated to the real time of acceptance (acceptance) of the offer by the Buyer.
8.3. The absence of a copy of the Agreement signed between the parties on paper, with the signatures of the parties, in the case of actual payment by the Customer, is not a reason to consider this Agreement not concluded.
8.4. The court’s recognition of the invalidity of any clause of this Agreement does not invalidate other clauses.
8.5. The Seller does not guarantee and is not responsible for the non-compliance of the Goods ordered through the Site with the specific purposes and / or expectations of the Buyer.
Limited Liability Company “WINES OF ZAPORIZHZHA”
69093, Zaporozhye, street Zachinyaeva, bldg. 158 A
Bank PJSC “CREDIT AGRICOLE BANK”
USREOU 38362268, TIN 383622608274,
VAT payer’s certificate №200152856
e-mail for appeals: firstname.lastname@example.org
Date of publication 09.07.2021