This Agreement is an official and public offer of the Seller to conclude a Purchase and Sale Agreement for the Goods presented on the website www.hruba.com.ua/. This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of status (natural person, legal person, natural person-entrepreneur). By concluding this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for the Goods, delivery of the Goods, return of the Goods, as well as responsibility for fraudulent ordering and other terms of the Agreement. The contract is considered concluded from the moment the "Order Confirmed" button is clicked on the order page and the Buyer receives an electronic order confirmation from the Seller.
1. Terms and definitions
1.1. A product or service is an object of agreement between the parties, selected by the buyer on the website of the online store and placed in the "Cart" or already purchased by the buyer from the seller remotely.
1.2. Online store - the Seller's website at the address https://hruba.com.ua/, created for the conclusion of retail and wholesale sales contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller using the Internet.
1.3. The buyer is a legal entity over the age of 18 who receives information from the seller and places an order for the purchase of the Goods presented on the Internet store site for purposes not related to the implementation of business activities, a legal entity or an individual entrepreneur.
1.4. Seller - Physical Person-Entrepreneur Yu.A. Zhyhynas (TIN 3252415356) a natural person-entrepreneur, created and operating in accordance with the legislation of Ukraine, whose location is: Kyiv, ul. Sergey Kolos, house 102. The seller may also be another legal entity or a natural person-entrepreneur who posts information about the sold goods and/or services provided on the Site. The name of the Seller is indicated in the Product map on the website and in the documents for the transfer of the Product to the Buyer
2. The subject of the contract and the procedure for concluding it
2.1. The Seller undertakes to deliver the Goods to the Buyer, the Buyer undertakes to pay and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract shall be considered the date of filling out the order form by the Buyer on the website of the online store, provided that the Buyer receives an electronic confirmation of the order from the Seller. If necessary, at the request of the Buyer, the Agreement can be drawn up in writing.
3. Order registration procedure
3.1. The buyer independently places an order in the online store through a special "basket" form or made an order by e-mail or by phone 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 invalidity.
4. Price of the product
4.1. The prices of goods and services are determined by the seller independently and indicated on the website of the online store. All prices for goods and services are indicated on the site in hryvnias.
4.2. The prices of goods and services may be changed by the seller unilaterally depending on the market situation. At the same time, the price of a separate unit of the Product, the price of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of delivery of the Goods and other related services is indicated on the website of the online store.
5. Rights and obligations of the parties
5.1. The seller undertakes:
5.1.1. Deliver the Goods to the Buyer in accordance with this Agreement and the Buyer's order.
5.1.2. They will not divulge any private information about the Buyer and do not provide access to this information to third parties, except for cases provided by law or at the request of the Buyer himself.
5.2. The seller has the right to:
5.2.1. Change the terms of this Agreement, as well as Tariffs for goods and services unilaterally, by posting them on the website of the Internet store. All changes come into force upon their publication.
5.3. The buyer undertakes:
5.3.1. Before concluding the Agreement, familiarize yourself with the content and conditions of the Agreement, as well as the tariffs (prices) offered by the Seller on the Internet store website.
5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Conditions for returning goods
6.1. The buyer has the right to return to the seller non-food goods of proper quality, if he did not satisfy him in terms of shape, dimensions, style, color, size or for other reasons it cannot be used by him as intended. The buyer has the right to return the product of proper quality within 14 (fourteen) days, excluding the day of purchase. Goods of proper quality are returned if they have not been used and their product type, consumer properties, seals, labels, as well as the settlement document issued to the consumer together with the sold Goods have been preserved. The list of goods that are not subject to return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The return to the Buyer of the cost of the Goods of proper quality is made within 30 (thirty) calendar days from the moment of its receipt by the Seller, subject to compliance with the requirements stipulated in clause 6.1. Agreement, according to the current legislation of Ukraine. The cost of the goods must be returned by postal or bank transfer. Delivery of good quality goods to the Seller's address is made at the Buyer's expense and the Seller will not reimburse the Buyer.
6.3. In the event that defects in the Goods are discovered within the established warranty period, the Buyer may, in accordance with the procedure and terms established by the legislation of Ukraine, present the Seller with the requirements provided for by the Law of Ukraine "On the Protection of Consumer Rights". When presenting claims for free elimination of defects, the term is counted from the date of receipt of the Goods by the Seller. In this case, delivery of small-sized Goods and Goods weighing less than five kilograms to the Seller and their return to the Buyer shall be made at the expense of the latter.
6.4. Consideration of the requirements provided for by the Law of Ukraine "On the Protection of Consumer Rights" is carried out by the Seller when the Buyer provides the documents required by the current legislation of Ukraine, including, but not exclusively, a written application based on the sample that the manager of our store will send at the Buyer's request.
6.5. The Seller is not responsible for the defects of the Goods that arose after their transfer to the Buyer due to the Buyer's violation of the rules for the use or storage of the Goods, the actions of third parties or force majeure circumstances.
7. Liability of the parties
7.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.
7.2. The seller is not responsible for the appearance of the package changed by the manufacturer.
7.3. In case of force majeure, the parties are released from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement shall mean events of an extraordinary, unavoidable, unpredictable nature, excluding or objectively preventing the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent with their reasonable measures.
7.4 Physical Person-Entrepreneur Yu.A. Zhyhynas (except for cases when the Individual Entrepreneur Zhiginas Y.A. is the seller) is not responsible to the buyers for the fulfillment of the order by the Seller and related issues, in particular, but not exclusively: for compliance of the terms of the offer with the actual terms of sale of the Goods, for the absence goods, for late delivery of goods, quality of goods, for proper performance of warranty obligations by suppliers and manufacturers.
7.5 The conditions indicated on the Site are preliminary conditions for the sale of goods. The conditions of purchase of the Goods may be changed by suppliers/sellers after accepting the order for execution. The specific conditions of sale may be determined and changed by the Sellers before the delivery of the Goods to the Buyer.
7.6 The seller's responsibility for changing the conditions of purchase of the goods compared to those indicated on the Site is limited to the fact that the buyer has the right to refuse the purchase of the goods and demand from the seller the return of the funds paid for them (if they were actually paid by the buyer before the transfer of the goods).
8. Protection of personal data
8.1. The Buyer gives 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 the Protection of Personal Data" without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the Seller's provision of information to counterparties and third parties for the purpose of ensuring the implementation of sales-purchase relations, relations in the field of consumer protection, in the field of advertising and marketing research, and also gives consent to the transfer (distribution) of his data of transport and forwarding companies. commercial organizations, any Banks and / financial institutions and other third parties (without limitation) at the discretion of the Physical Person-Entrepreneur Yu.A. Zhyhynas, 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 responsible for poor performance or non-fulfilment of its obligations due to the outdated information about the Buyer or its lack of validity.
9. Information messages
9.1. By registering on the website of the online store, the Buyer gives the Seller consent to receive informational messages from the seller and his partners, acting on the basis of the Agreement with the Seller, by means of short notifications (SMS) and e-mail.
9.2. At any time, the buyer has the right to refuse to receive such mailings in the "My Account" section on the website of the online store.
10. Use of materials posted on the site
10.1. The website of the online store contains materials, trademarks, brand names and other materials protected by law, including, but not limited to, texts, photographs, graphic images, musical and sound works.
10.2. All content of the Internet store site is protected by the legislation of Ukraine and international treaties.
10.3. The buyer or other third parties do not have the right to use the materials placed on the website of the Internet hypermarket, namely: make changes, copy, publish, transfer to third parties.
11. The procedure for resolving disputes, the territory of validity and making changes to this Agreement
11.1. This Agreement is concluded on the territory of Ukraine and operates within the framework of current legislation.
11.2. All disputes arising between the buyer and the seller are resolved through negotiations. In the event of failure to reach a settlement of the disputed issue through negotiations, the Buyer or Seller has the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
11.3. The Seller has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. Agreement. In addition, amendments to the Agreement may be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
12. The procedure for entry into force and termination of the contract
12.1. This Agreement is a public offer agreement and enters into force upon its posting on the site.
12.2. This Agreement does not have a final termination date and is valid for orders and agreements made at the time of its placement in the appropriate section on the site. https://hruba.com.ua/ subsequent deals. This contract may terminate its validity in the cases stipulated by the current legislation.
Happy shopping in our store!