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PUBLIC AGREEMENT (OFFER)
on ordering, purchasing and delivery of goods
This contract is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website www.occo.com.ua. This contract is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without preference to one buyer over another. By concluding this Contract, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unfair order and other terms of the contract. The Contract is considered concluded from the moment of clicking the "Confirm Order" button on the checkout page in the "Cart" Section and the Buyer receiving an electronic order confirmation from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter - the "Offer") - a public offer of the Seller, addressed to an indefinite circle of persons, to conclude a distance contract for the sale of goods with the Seller (hereinafter - the "Contract") on the terms contained in this Offer.
1.2. Goods or Service - the object of the parties' agreement, selected by the buyer on the Online store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online store - the Seller's website at www.occo.com.ua created for concluding retail and wholesale purchase and sale contracts based on the Buyer's familiarization with the description of the Goods proposed by the Seller via the Internet.
1.4. Buyer - a legally competent individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the Online store website for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur .
1.5. Seller - Individual Entrepreneur Koltsov Dmytro Valeriiovych (identification code 3211111332), a legal entity created and operating in accordance with the current legislation of Ukraine, whose location is: 04205, Kyiv, Obolonskyi ave., bld. 10-V
2. Subject of the Contract
2.1. The Seller undertakes to transfer the ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Contract.
2.2. The date of conclusion of the Offer Contract (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract shall be the date the Buyer fills out the order form posted on the Online store website, provided the Buyer receives an electronic order confirmation from the Seller. If necessary, at the request of the Buyer, the Contract can be executed in writing.
3. Order Placement
3.1. The Buyer independently places an order in the Online store using the "Cart" form, or by placing an order by email or by the phone number specified in the contact section of the Online store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or causes suspicion of its validity.
3.3. When placing an order on the Online store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. surname, name of the Buyer;
3.3.2. address to which the Goods should be delivered (if delivery is to the Buyer's address);
3.3.3. contact phone number.
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online store website.
3.5. If any of the Parties to the contract requires additional information, they have the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer 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 undertakes to provide the information specified in clauses 3.3 – 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in 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.
3.8. The Buyer is responsible for the accuracy of the provided information when placing the Order.
3.9. By concluding the Contract, i.e. accepting the terms of this proposal (the proposed terms for purchasing the Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and entirely familiar with, and agrees to the terms of this proposal (offer);
b) he gives permission for the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire term of the Contract, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Buyer confirms that he is notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and also that his personal data is transferred to the Seller in order to enable the fulfillment of the terms of this Contract, the possibility of conducting mutual settlements, as well as obtaining invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Buyer to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the Online store website. 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 by the seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the Online store website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods shall be paid by the Buyer in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the Online store website does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding 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 funds are received on the Seller's account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out in the ways 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 compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative, during the acceptance of the Goods, confirms by his signature in the sales receipt / or in the order / or in the transport waybill for the delivery of goods, that he has no claims regarding the quantity of the goods, appearance and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or his Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods during independent delivery of the Goods from the Seller or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Contract and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and when fulfilling the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Contract, as well as prices for Goods and services unilaterally, posting them on the Online store website. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 By the time the Contract is concluded, familiarize himself with the content of the Contract, the terms of the Contract and the prices offered by the Seller on the Online store website.
5.3.2 In order for the Seller to fulfill his obligations to the Buyer, the latter must report all the necessary data that unambiguously identify him as the Buyer, and which are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food goods of appropriate quality to the Seller if the goods did not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used by him for their intended purpose. The Buyer has the right to return goods of appropriate quality within 14 (fourteen) days, not counting the day of purchase. The return of goods of appropriate quality is made if they have not been used and if their trade dress, consumer properties, packaging, seals, labels are preserved, as well as the settlement document issued to the Buyer for the payment of the Goods. 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 return of the cost of the goods of appropriate quality to the Buyer is carried out within 30 (thirty) calendar days from the moment such Goods are received by the Seller, subject to the requirements provided for in cl. 6.1. of the Contract and the current legislation of Ukraine.
6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.
6.4. The return of the Goods of appropriate quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed to the Buyer by the Seller.
6.5. In case of detecting defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to present to the Seller the claims provided for by the Law of Ukraine "On Consumer Rights Protection". When making claims for gratuitous elimination of defects, the term for their elimination is calculated from the date the Seller receives the Goods at his disposal and physical access to such Goods.
6.6. Consideration of the claims provided for by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller upon provision by the Buyer of documents provided by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer violating the rules of use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer does not have the right to refuse goods of appropriate quality that have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them (incl. at the Buyer's request, non-standard dimensions, characteristics, appearance, equipment, etc.). Confirmation that the goods possess individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store.
6.8. The return of goods, in cases provided by law and this Contract, is made to the address specified on the website in the "Contacts" section
7. Liability
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and his obligations in case the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.
7.4. The Seller or the Buyer are exempted from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after concluding this contract. The Party that cannot fulfill its obligations immediately notifies the other Party about this.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the Online store website during registration or placing an Order, the Buyer grants the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as the performance of other actions provided for 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 contractors and third parties acting on the basis of a contract 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 his personal data up to date. The Seller is not liable for poor-quality fulfillment or non-fulfillment of his obligations due to the irrelevance of information about the Buyer or its non-compliance with reality.
9. Other conditions
9.1. This contract 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 are resolved through negotiations. In case of failure to reach a settlement of the dispute through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Contract unilaterally, as provided in cl. 5.2.1. of the Contract. In addition, changes to the Contract may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.