AN AGREEMENT (OFFER) TO CONCLUDE A CONTRACT FOR THE SALE OF GOODS
Фізична особа підприємець _Hnativ Iryna Ivanivnaoffers (provides an offer) to conclude a contract for the sale of the Goods on the terms and in the manner specified below in the relevant section of the website https://optyka.pro/shop The Buyer, acting in order to purchase the Goods, accepts the terms of this offer to conclude a contract for the sale of goods (hereinafter referred to as the Agreement) on the following terms.
1. General provisions
1.1. The following information is an official offer to any legal entity or individual to enter into a contract for the purchase of goods. The said agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the Agreement for the purchase of goods on the proposed terms, is the fact that the Buyer has paid the cost of the Goods ordered on the Website of the online store (or otherwise).
1.3. By entering into the Agreement, the Buyer confirms the following provisions:
а) The Buyer is fully and completely familiarized with and agrees to the terms of this offer;
b) if the Buyer is an individual, he/she authorizes the Seller to process his/her personal data in order to fulfill the terms of the Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Customer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of personal data processing. The scope of the Customer'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.
2. Terms and definitions
2.1. The Seller is Iryna Ivanivna Hnativ, an individual entrepreneur, address: Ukraine, Lviv region. Lviv, Chervonohrad, 47 Bandery St., apartment 108, is registered in accordance with the legislation of Ukraine and manages the Online Store Website located on the Internet at https://optyka.pro/shop
2.2 Goods - a medical device included in the list of goods published on the Website of the Online Store, for which the price, name and description of the goods are indicated. The description of the product may also be accompanied by its image.
2.3. The Buyer is a legally capable individual who has reached the age of eighteen and purchases the Goods on the Website of the online store on the terms of this public offer (offer) for personal purposes.
2.4. Order - the Buyer's application for the purchase of the Goods addressed to the Seller, which is executed and provided to the Seller using the software tools of the Online Store Website or in any other way.
2.5. The website of the Online Store is a set of data accessed through a web browser and software modules united by a single management system located on the Internet at https://optyka.pro/shop
2.6. Personal Account - a personal section of the Buyer on the Website of the Online Store, which only the Buyer and the Seller have access to, where the Buyer's personal information and the history of the Orders placed by him/her are displayed.
2.7. Acceptance is an unconditional consent to payment or guarantee of payment of monetary, commodity and settlement documents, as well as legal consent to enter into a transaction in accordance with the offer of the other party.
3. Subject of the contract for the sale of goods
3.1. The Seller undertakes, on the terms and in the manner specified in this offer (offer) to conclude a contract for the sale of goods, to sell the Goods on the basis of the Order placed by the Buyer by ordering on the Website of the Online Store or in any other way, and the Buyer undertakes to purchase the Goods and pay its cost.
3.2. The Seller and the Buyer confirm that the agreement concluded between them is not a fictitious, sham transaction or a transaction made under the influence of violence or fraud.
3.3 The Seller confirms that it has all the necessary permits to carry out economic activities provided for by the legislation governing the scope of legal relations arising and operating in the course of the contract, and also guarantees that it has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine and undertakes to bear responsibility in case of violation of the Buyer's rights in the course of the contract and sale of the goods.
3.4. The Buyer accepts the terms of this offer (offer) at the time of placing the Order by clicking on the "Submit" button on the Website of the online store or in any other way, which means the Buyer's confirmation of familiarization with the text of this offer (offer) and agreement with its terms. The presence of any objections of the Buyer to the provision of his consent, thus releasing the Seller from any liability for failure to comply with the terms of this offer and gives the Seller the right to cancel the Order unilaterally.
4. Rules for working with the Website of the Online Store
4.1 The Buyer may browse the content of the Website of the Online Store, place an Order, and use its other services.
4.2. The Buyer undertakes to provide valid, accurate and complete information about himself. The Seller is not responsible for the accuracy and correctness of the information that the Buyer leaves when placing an Order.
4.3. The Seller has the right to refuse the Buyer to place an Order if he has reason to believe that the Buyer has provided inaccurate data, as well as in case of unfair behavior (for example, violation of the terms of this offer (offer), etc.)
4.4. It is forbidden to use the Website of the Online Store to carry out illegal or prohibited activities. The Buyers agree to comply with the laws of Ukraine and the norms of behavior adopted on the Internet, including: not to post on the Website of the Online Store materials of an extremist, pornographic or other nature that relate to and/or harm the honor, dignity and/or business reputation of third parties and violate generally accepted moral standards, as well as to post advertising information without the permission of the Seller.
5. Ordering procedure
5.1. The Buyer independently places an Order on the Website of the Online Store by adding the selected Goods to the "Cart" by clicking the "Add to Cart" button or in another way.
6. Price and payment procedure
6.1 The price of each individual Product is determined by the Seller and is indicated on the Website of the Online Store. The price of the Order is determined by adding the price of all the Goods included in the Order and the delivery price, which corresponds to the carrier's tariffs.
6.2 The price of the contract is equal to the price of the Order. The amount of the Order may vary depending on the price, quantity or nomenclature of the Goods.
6.3. The Buyer shall pay for the Goods according to the Order in the manner specified on the Website. The order is considered completed after 100% payment on the Site.
6.4. Payment for the Services shall be made in the national currency of Ukraine, UAH.
6.5. The order is considered paid from the moment the payment is received to the current account of the Seller or his representative. The fact of payment of the Order indicates the Buyer's consent to the terms of this offer to conclude an agreement.
6.6. Delivery of the Order by the Seller is carried out after full payment for the Goods.
6.7. The price of the Goods indicated on the Website of the Online Store may be changed by the Seller unilaterally. In this case, the price of the Goods ordered by the Buyer is not subject to change.
6.8. The goods are not reserved until the Buyer's funds are credited to the Seller's account. The Seller cannot guarantee the availability of the Goods in the quantity specified at the time of placing the Order, as a result of which the processing time of the Order may increase. If it is necessary for the Seller to make a refund to the Buyer, the Buyer is obliged to inform the Seller of the details of the bank account to which the Seller is obliged to transfer the funds.
7. Responsibilities of the Seller
7.1. Provide truthful information about the Goods, their prices, as well as the terms of delivery of the Goods and their cost.
7.2. Deliver the Goods in accordance with the terms of the Order.
7.3. Guarantee the compliance of the quality of the Goods with the quality requirements on the territory of Ukraine. At the request of the Buyer, provide a registration certificate or certificate for the goods.
7.4. In case of change of the delivery time, immediately inform the Buyer about the change of delivery conditions. The Seller shall inform the Buyer by telephone or electronic communication. If it is impossible to contact the Buyer in case of violation of clause 4.4 of this offer to conclude an agreement, the Seller shall not be liable to the Buyer.
8. Buyer's obligations
8.1. Provide the Seller with accurate, truthful and correct information, including when placing an order on the Website of the Online Store.
8.2. Pay for the Goods under the Orders at the price specified therein.
8.3. Upon receipt of the Order, conduct an external inspection for external damage to the packaging. In the absence of external damage to the packaging, sign the invoice (receipt, register, etc.) on receipt of the Order. To open the outer packaging in the presence of a representative of the delivery service in order to check the safety of the enclosed, to inspect the Goods for the integrity of its individual packaging and the presence of external damage on it.
8.4. In case of any claims, require the delivery service representative to draw up an External Inspection Report and an Acceptance Certificate in 3 copies. The inspection report describes the damage to the outer packaging, and the Acceptance Certificate describes all damage to the individual packaging of the goods.
8.5. In case the Seller transfers the Goods in violation of the terms of the Order on the quantity, assortment, completeness, packaging and / or packaging of the Goods, - not later than 5 (five) calendar days following the date of purchase (receipt), notify the Seller of these violations. In this case, the Goods must be returned in a marketable condition with preservation of consumer properties and all labels, seals, etc.
9. Rights of the Buyer
9.1. To demand a refund of payment for the Goods in case of impossibility of fulfillment by the Seller of the terms of the Order.
9.2. Make changes to the Order before paying for it.
9.3. Prior to the transfer of the Goods, to refuse it, subject to reimbursement to the Seller of the transportation costs incurred by the Seller in connection with the actions to fulfill the Order.
10. Responsibility of the parties
10.1. The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the Goods ordered on the Website of the Online Store.
10.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false or misleading information.
10.3. The Seller and the Buyer shall be responsible for fulfilling their obligations in accordance with the current legislation of Ukraine.
10.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of such force majeure circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, changes in customs regulations, import and export restrictions that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof and provide documents confirming the existence of such circumstances issued by the authorized bodies.
11. Confidentiality and protection of personal data
11.1. When placing an order on the Website of the Online Store, the Buyer leaves personal and contact information.
11.2. By providing his personal data on the website of the Online Store when placing an Order, the Buyer gives his voluntary consent to the processing and use (including transfer) of his personal data without limiting the validity of such consent in accordance with the Law of Ukraine "On Personal Data Protection".
11.3. The Seller uses the received personal data to provide the services specified in this Agreement, to promote the services provided by the Seller, including through automated processing of personal data.
11.4. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to agents and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by law.
11.5. The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
12. Rules for the use of materials posted on the Website of the Online Store
12.1. The Website of the Online Store contains materials, trademarks, trade names and other materials protected by law, including, but not limited to, texts, photographs, graphic images, music and sound works.
12.2 All content of the Online Store Website is protected by the legislation of Ukraine.
12.3. The Buyer has no right to use the materials posted on the Website of the Online Store, such as: to make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products, etc.
13. Other conditions
13.1. The contract for the sale of goods concluded in accordance with this offer shall be deemed to be concluded on the territory of Ukraine and to be valid under the laws of Ukraine.
13.2. The contract for the sale of goods concluded in accordance with this offer shall enter into force upon full payment for the ordered goods.
13.3 The invalidity of any clause or part of the agreement concluded in accordance with this proposal shall not lead to the invalidity of the agreement as a whole.
13.4. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute, the Buyer or the Seller may apply to the judicial authorities in accordance with the current legislation.
13.4. The Seller has the right to make changes to the text of this offer at its sole discretion at any time and without prior notice to the Buyers. The current (valid) version of the offer is always available on the Website of the Online Store.
13.5. The absence of a hard copy of the agreement concluded between the Seller and the Buyer signed by the parties with the signatures of the parties, in case of actual payment by the Buyer, shall not be grounds for recognizing this agreement as not concluded. Payment in accordance with the Order placed by the Buyer on the Online Store Website shall be deemed to be the Buyer's acceptance (in accordance with Article 642 and Chapter 54 of the Civil Code of Ukraine) and shall be the moment when the contract of sale of goods comes into force.
13.6. In case of any claims, the Buyer must contact the Seller's Support Service by phone or e-mail indicated on the Online Store Website.
14. Seller's details
Individual entrepreneur: Hnativ Irina Ivanovna
Registered address: Ukraine, Lviv region. Lviv, Chervonohrad, 47 Bandera St.
Address for correspondence: Ukraine, region. Lviv, Chervonohrad, 10 Stusa St. (OPTIKA PRO)
RNOKPP (TIN): 2851510348
p/p: UA853220010000026001330072359
Name of the bank: JSC "UNIVERSAL BANK"
MFI of the bank: 322001
Simplified taxation system for individual entrepreneurs (2nd group of single tax payers).