Contract-offer for the purchase of goods through the online store
This document represents an open offer (hereinafter referred to as the "Offer") of BRENTON SPD ROBERT OLEKSANDROVYCH (hereinafter referred to as the "Seller") regarding the conclusion of the Agreement (hereinafter referred to as the "Agreement") on the terms set forth in this Offer with the user of the online store services (hereinafter referred to as the "Buyer"), which includes all essential conditions for organizing the purchase and sale remotely (i.e. through the Online Store). Its conditions are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur).
In accordance with the Civil Code of Ukraine, in case of acceptance of the terms and conditions set forth in the Offer and payment of the order, an individual, individual entrepreneur or legal entity that conducts the acceptance of this Offer becomes the Buyer (acceptance of the Offer is equivalent to the conclusion of the Agreement on the terms set forth in this Offer).
1. Terms and definitions.
1.1. "Goods" — a list of goods published on the website of the Online Store, which is offered for sale at a distance under this Agreement, by means of remote communication (Internet) in the Online Store located at the internet address: http://Brenton.ua
1.2. "Online Store" is the Seller's website, created for the sale of goods and acquaintance of the Buyer with the goods offered by the Seller using the Internet.
1.3. "Order" — the Buyer's application addressed to the online store is executed and placed.
1.4. "Site" — a set of pages, accessed using a web browser, and software modules united by a single control system located on the Internet at http://Brenton.ua .
1.5. All other terms that are not defined separately in this Agreement are perceived and construed in their literal grammatical meaning on the basis of the provisions of the current legislation of Ukraine, the customs of business turnover, as well as the purpose and subject of this Agreement.
1.6 "System" – software package (automated information system) is presented by the Online Store to the Buyer, for remote, simplified viewing of Goods via the Internet, where the Buyer is given the opportunity to get acquainted with the characteristics and properties of the interested Goods, as well as the procedure of its Order, purchase and receipt.
2. Subject of the contract.
2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement. The text of the offer agreement (hereinafter referred to as the Agreement) is https://brenton: https:// .ua/en/content/2-legal-notice .
2.2. The online store sells and delivers goods with the help of transport companies specified and available for selection on the website of the Online Store on the basis of applications of Buyers left on the Site and confirmed by the Online Store. The prices for the Goods indicated on the Site include the cost of search, configuration and reservation of goods from the list of Goods published on the website of the Online Store, unless otherwise specified on the Page of the Goods, and/or in the confirmation of the Buyer's Application.
2.3. Clicking on the button "ORDER WITH PAYMENT OBLIGATION" expresses confirmation of the Buyer about reading the text of this agreement and agreeing to its terms. Further objection from the Buyer regarding the provision of his consent thus relieves the online store of any kind of liability for non-fulfillment of the terms of this agreement and reserves the right of the online store to cancel the Order unilaterally.
2.4. The price of goods indicated on the site may be changed unilaterally by the Online Store.
2.5. In case of changes in the price of the Goods ordered by the Buyer, the online store manager informs the Buyer (by phone or e-mail) at the first opportunity to receive confirmation or cancellation of the order. If it is impossible to contact the Buyer, this order is considered canceled.
3. Ordering procedure.
3.1. The buyer independently makes an order in the following ways:
on the website of the online store through the form "Basket";
on the Facebook page of the online store ( https://www.facebook.com/LvivCoffee.ua/ ).
3.2. Term of sending an order from 1 to 3 days from the day following the day of payment of the Order.
3.3. After placing the order, the System or the representative of the Online Store communicates with the Buyer by e-mail or other communication channels with an information message indicating the names of the selected goods and the total amount of the order, which is an integral part of this Agreement.
3.4. If it is impossible to deliver the Goods to the transport company chosen by the client, the System or the representative of the online store warns the Buyer by phone or by e-mail, and through negotiations chooses an alternative delivery option for the Order to the Buyer.
3.5. In the absence of goods in stock, the System or the manager of the online store is obliged to bring this to the buyer's attention (by phone or by e-mail). The buyer has the right to replace it with another product or cancel the Order for which the money will be returned if the Order has already been paid.
4. Order of payment for the order.
4.1. This offer is considered the main document in the official relationship between the Buyer and the online store. Acceptance by the Buyer of this Offer is carried out by consistently performing the actions provided for by the Online Store System (acceptance of the Offer). Acceptance (payment) by the Buyer of this Offer shall be made voluntarily and shall be deemed as the conclusion of a written agreement
4.2. The Buyer has the right to pay the cost of the goods in any of the ways offered by the online store, the information about which is on the Website.
4.3. The goods are paid only in UAH (National Currency of Ukraine).
4.4. The payment is recognized as made by the Buyer at the time of confirmation of successful receipt (crediting) of funds for the purchased goods to the account of the online store.
5. Term, cost and conditions of delivery of the order.
5.1. Delivery and return of the Order is carried out on the territory of Ukraine using the services of transport companies.
5.2. Delivery time, cost and conditions of receipt of the shipment in accordance with the tariffs and conditions of the transport company.
5.3. The cost of delivery of goods in Ukraine is paid by the Buyer.
5.6. The buyer is obliged in the presence of a representative of the transport company to accept the ordered goods by the quantity, quality, assortment and completeness of the goods.
5.6. Receipt of the Goods by the Buyer indicates that the Buyer accepted the terms of the Offer (acceptance of the Offer), as well as the absence of any claims to the purchased goods and services provided.
6. Rights and obligations of the parties.
6.1. The Seller is obliged to:
– to comply with the terms of this Agreement;
– transfer the Goods to the Buyer in accordance with the selected sample in the online store issued by the Order and the terms of this Agreement;
– check the qualitative and quantitative characteristics of the Goods during its approach to transfer to the transport company for further transportation to the Buyer.
6.2. The Seller has the right to:
– unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
– return the already paid funds for the Order and refuse to provide services without explanation.
6.3. The Buyer is obliged to:
– timely pay and receive the Order in accordance with the terms of this Agreement;
– get acquainted with the information about the Goods posted on the Seller's website;
– upon receipt of the Goods, make sure of its integrity and completeness by inspecting the package. In case of detection of damages and incomplete equipment – fix them in the act, which together with the Buyer must be signed by a representative of the transport company.
– when placing an Order, provide correct, accurate and complete information about yourself. The buyer acknowledges that he is fully responsible for the data that is reported by him to the online store and has no complaints to the online store for incorrectly executed Order or the provision of false information, as he himself was not convinced of its correctness during registration.
6.4. The Buyer has the right to:
– place an order in the online store;
– require the Seller to fulfill the terms of this Agreement;
– refuse the goods at the time of its receipt.
7. The procedure for receiving and replacing goods of inadequate quality.
7.1. Upon receipt of the Goods from a representative of the transport company, the Buyer is obliged to check the external integrity of the package and verify the proper external condition of the Goods and the completeness of its completeness.
7.2. In the case of such shortcomings that impair the quality of the Goods (for example, broken packaging), the Buyer is obliged to fix it in a composite act of arbitrary form. The Act must be signed by the Buyer and a representative of the transport company. If possible, the shortcomings should be fixed by the means of photo or video recording.
Immediately, the Buyer is obliged to report the identified shortcomings of the Seller and agree on the replacement of the Goods.
7.3. The Parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the Buyer's receipt of the Goods in good condition is recognized.
8. Liability of the parties.
8.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.2. The Seller shall not be liable for the appearance of the Goods, which differs from the image on the description page of this Product, since the Seller reserves the right to change the appearance of the Goods for marketing and other purposes at any time.
8.3. The Parties are exempted from liability for full or partial non-fulfillment of their obligations under this Offer, if such failure was the result of circumstances of irresistible force, that is, extraordinary and inevitable circumstances arising outside the will of the parties. The circumstances of force insurmountable, in particular, include: natural disasters, military actions, strikes, natural disorders and protests, actions and decisions of state authorities, failures that may occur in the System, telecommunication and energy networks.
8.4. A party referring to the force of irresistion circumstances shall notify the other party in advance of the occurrence of such circumstances.
8.5. The Parties make every effort to resolve any disagreements solely through negotiations.
9. Other conditions.
9.1. Online store reserves the right to unilaterally make changes to this Agreement with its prior publication on the website.
9.2. The online store reserves the right to expand and reduce the product offer on the Website, regulate access to the purchase of any goods, as well as stop selling any goods at its own discretion.
9.3. The online store was created to organize a remote way of selling goods via the Internet.
9.4. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing the order.
9.5. The buyer is responsible for the accuracy of the information indicated at the time of placing the order.
9.6. Payment by the Buyer of the order issued in the online store means the buyer's full consent to the terms of the Purchase Agreement (public offer of the online store) and is the date of conclusion of the Sale and Purchase Agreement between the Seller and the Buyer.
9.7. The use of the site of the online store for viewing the goods, as well as for placing an order is free of charge for the Buyer.
9.8. The Order issued by the Buyer confirms the consent (permission) for processing (collection, registration, accumulation, storage, adaptation, change, renewal, use, distribution, anonymization, destruction, etc.) of his personal data specified in this Order in order to ensure the implementation of relations in the field of advertising, marketing and collection of personal data for commercial purposes, ensuring communications with the Buyer, including for the implementation of personal communications for the transfer and receipt of information, as well as confirms the 8 of the Law of Ukraine "On Protection of Personal Data" and the provisions of the current legislation are provided to him as a subject of personal data.
9.8. Descriptions of goods, categories and sections of the Site may contain an artistic style of writing text and cannot be interpreted literally.
10. The term of the Agreement and the procedure for its termination.
10.1. This Agreement enters into force from the moment the Buyer accepts (payment for goods) and acts until the parties fully fulfill their obligations, except in cases of early termination.
10.2. Prior to the expiration of this Agreement, this Agreement may be terminated by mutual consent of the parties executed in writing.
10.3. The Parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment by one of the Parties of the terms of this Agreement and in cases stipulated by this Agreement and the current legislation of Ukraine.
ROBERT SPD BRENTON
Legal address: Ukraine, 4900, Dnipropetrovsk region, Dnipro,
Vul. Vladimir Antonovich 79.
EDRPOU code 3506103017 IBAN - UA973052990000026000050340779 in PJSC CB "PRIVATBANK", Dnipro MFO 305299,