Public purchase and sale agreement
1. DEFINITION
1.1. For the purposes of this public contract of sale, the following terms are used in the following sense:
1.1.1. The contract is a real public contract of purchase and sale, which provides for the sale of the Product at a distance of an unlimited circle of Buyers using the means of remote communication through the Internet store "Jeans & Casual", located on the website jeanscasual.com.ua
1.1.2. The goods are non-food goods (clothing, shoes, leather goods, accessories, etc.), under the terms of this Agreement, are offered for sale at a distance by means of remote communication (the Internet) in the "Jeans & Casual" online store.
1.1.3. The seller is the "Jeans & Casual" online store, located on the jeanscasual.com.ua website. The location, contact details and working hours of the seller are indicated in the "QUESTIONS AND ANSWERS" section on the jeanscasual.com.ua website of the "Jeans&Casual" jeanscasual online store .com.ua/ua-contact-us
1.1.4. The buyer is any person with legal capacity who, in accordance with the procedure provided for in this Agreement, has fully accepted (accepted) all of its terms without exception.
1.1.5. The Recipient of the Goods is any legally competent person designated by the Buyer in the relevant order for goods as the recipient of the goods.
1.2. For the purposes of this Agreement, all specified in clause 1.1. of this Agreement, the terms are used exclusively in the meaning specified in clause 1.1. of this Agreement, regardless of the use of these terms in the singular or plural, or in other grammatical forms, cases and/or constructions.
1.3. All other terms not separately defined in this Agreement are understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business practices, as well as the purpose and subject of this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with the procedure and conditions established by this Agreement, the Seller undertakes to hand over the goods chosen by him to the Buyer, and the Buyer undertakes to accept and pay for the Goods in accordance with the procedures and conditions established by this Agreement.
2.2. Ownership of the goods is transferred to the Buyer at the time of delivery (handover) of the Goods and subject to full payment by the Buyer of the cost of the Goods in accordance with the procedure and under the conditions established by this Agreement.
3. SELECTION OF GOODS AND PROCEDURE FOR CONCLUSION OF THE CONTRACT
3.1. The Buyer independently and at his discretion chooses the Product offered for sale in the "Jeans & Casual" online store, clicks the "Add to cart" button and independently fills out and sends the "Ordering" form to the Seller, in which, in particular, it is mandatory indicates his surname, first name and patronymic, his contact phone number, e-mail address, selected payment method, selected method and desired place of delivery of the Goods (in case the Buyer wishes to receive the goods with delivery), surname, first name and to the father of the recipient of the Goods (in case the Recipient of the Goods will receive the Goods).
3.2. After filling out the "Order Placement" form, the Buyer must carefully familiarize himself with all the terms of this Agreement, and in case of full acceptance of these terms - press the "Proceed to payment" button, which is considered the fact that the Buyer has sent the corresponding Order.
3.3. This Agreement is considered concluded, and the Seller's offer to conclude the Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the "Proceed to payment" button on the jeanscasual.com.ua website of the "Jeans & Casual" online store.
3.4. By clicking on the "I agree with the user agreement" button, the Buyer confirms his full and complete agreement with all the terms of this Agreement without exception, including the terms of delivery and payment of the Goods at the prices indicated on the website: jeanscasual.com.ua of the Internet store " Jeans & Casual" on the date of conclusion of this Agreement by the Buyer.
3.5. By clicking on the "Proceed to payment" button, the Buyer confirms that it is in a convenient and accessible way for him in accordance with the requirements of part 2 of Article 13 of the Law of Ukraine "On the Protection of Consumer Rights" to the Seller's knowledge about: - full name, identification code , location, mode of operation, e-mail address of the Seller; - main characteristics and consumer properties of the Goods chosen by the Buyer; - the cost of the Product selected by the Buyer, including all taxes and fees, as well as the cost of its delivery to the Buyer; - method, procedure and conditions of payment and delivery of the Goods selected by the Buyer; - warranty obligations of the seller and other services related to the maintenance or repair of the Goods selected by the Buyer (if they are available); - the warranty period and the service life chosen by the Buyer of the Goods, the mandatory terms of use of the Goods and the possible consequences in case of their non-fulfillment; - The procedure for accepting claims; - the period of adoption of the submission (offer) for the conclusion of this public contract - the procedure for terminating this contract; - other conditions on which it is not offered for sale.
3.6. By clicking on the button "Proceed to payment", the Buyer confirms that he has received all the
necessary, accessible, reliable and timely information about the Product chosen by him, fully ensured the possibility of a conscious and competent choice of this product.
3.7. The Buyer's clicking on the "Proceed to payment" button is considered the undisputed and full acceptance by the Buyer of all the terms of this Agreement without exceptions, as well as entering into the relevant contractual legal relationship with the Seller.
3.8. In the cases stipulated by the current legislation of Ukraine or at the request of the Buyer, this Agreement is concluded in writing.
3.9. The line of processing and registration by the Seller of the order for goods sent by the Buyer is up to 2 (Two) working days from the date of filling and sending by the Buyer in the manner established in clauses 3.1.-3.2. of this Agreement, the form of such an order for goods. In the event that the specified Order for Goods was sent by the Buyer on a weekend or holiday, the term of processing and registration of this Order for Goods begins on the first working day after the weekend or holiday.
3.10. The order for goods, filled out and sent by the Buyer in accordance with the procedure established in clauses 3.1.-3.2. of this Agreement, executed by the Seller on the appropriate form (paper medium) in two copies. The first copy of the completed order form for goods is given by the Seller to the Buyer or Recipient of the Goods together with the ordered goods at the time of its delivery (handover), the second copy is signed by the Buyer or Recipient of the Goods and remains with the Seller.
3.11. During the period established by clause 3.9. of this Agreement, the Seller undertakes: - to assign a serial number to the order for goods sent by the Buyer; - to send to the e-mail address specified by the Buyer in this order for goods, an automatic electronic message about the processing of this Order for goods, which indicates: - the serial number of this Order for goods, provided by the Seller; - information about the delivery time of the Goods ordered by the Buyer (if the Buyer ordered the goods with delivery); - conditions and procedure for exchanging (returning) goods; - the name of the seller, his location and the procedure for accepting a claim regarding the Goods; - warranty obligations and information about other services related to product maintenance or repair; - Contract termination procedure.
3.12. If the Buyer has chosen a non-cash method of payment for the Goods in the orders for goods, then within the period established in clause 3.9. of this Agreement, the Seller undertakes to send an invoice for the payment of the goods ordered by the Buyer to the e-mail address indicated by the Buyer in such order for goods.
3.1.14. The Buyer has the right, after notifying the Seller, to unilaterally withdraw from this Agreement during the entire period from the moment of its conclusion (acceptance of the Seller's offer by the Buyer) until the moment of actual receipt of the ordered goods.
4. RIGHTS AND OBLIGATIONS
4.1. The buyer has the right to:
4.1.1. demand full and proper fulfillment of the terms of this Agreement from the seller;
4.1.2. refuse to accept and pay for poor-quality or incomplete Goods or Goods that do not correspond to the sent Order for this good;
4.1.3. in the event that defects of the purchased Goods are discovered during the established warranty period, demand from the seller - either a proportional reduction of the purchase price of the Goods, or free elimination of the defects of the Goods or reimbursement of the costs of eliminating the defects of the goods;
4.1.4. in case of discovery during the established warranty period of significant defects of the Product, which arose due to the fault of the seller - either to terminate this Agreement or to demand the exchange (replacement) of the purchased Product for the same Product of proper quality or for another similar Product, offered for sale in the "Jeans" online store & Casual";
4.1.5. withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.6. terminate this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.7. in case of termination or rejection of the Agreement, demand from the seller the return of funds paid for the Goods;
4.1.8. to exercise other rights stipulated by this Agreement and the norms of the current legislation of Ukraine.
4.2. The buyer undertakes:
4.2.1. properly and fully fulfill all its obligations under this Agreement;
4.2.2. before concluding this Agreement, carefully familiarize yourself with its content and conditions, as well as familiarize yourself with the cost of the Product offered for sale in the "Jeans & Casual" online store, the methods and procedure for its payment;
4.2.3. before concluding this Agreement, carefully familiarize yourself with the cost and delivery methods of the Goods on the "Payment and Delivery" page on the jeanscasual.com.ua website of the "Jeans & Casual" online store jeanscasual.com.ua/ua-delivery
4.4.2. provide the Buyer with complete and reliable information about the product and its value by placing this information on the website: jeanscasual.com.ua of the "Jeans & Casual" online store;
4.4.3. to provide the Buyer with complete and reliable information about the cost and methods of delivery of the Goods by posting this information on the "Payment and delivery" page on the jeanscasual.com.ua website of the "Jeans & Casual" online store jeanscasual.com.ua/about/how-to-buy/;
4.4.4. ensure delivery of the Goods ordered by the Buyer to the place indicated by the Buyer and thus selected by the Buyer in the relevant Order for such goods, within the terms, in the manner and under the conditions established by this Agreement;
4.4.5. within the terms, in the manner and under the conditions established by this Agreement, to ensure the transfer (delivery) to the Buyer or the Recipient of the Goods of the high-quality and complete Goods ordered by the Buyer in proper packaging, as well as to hand over together with the Goods all the documents specified in clause 6.10. the real deal;
4.4.6. comply with the full and unconditional fulfillment of the warranty obligations contained in the "Warranty obligations" page on the website jeanscasual.com.ua Internet store "Jeans & Casual" jeanscasual.com.ua/about/return-exchange/;
4.4.7. at the request of the Buyer to exchange (replace) the goods purchased by him of inadequate quality for the same Good of proper quality or for another similar product Not included in the Products available for sale on the website jeanscasual.com.ua of the Internet store "Jeans & Casual";
4.4.8. in case of termination or rejection of this Agreement by the Buyer, to return to him the funds paid for the Goods within the terms, in the manner and under the conditions established by this Agreement;
4.4.9. perform other duties stipulated by this Agreement and the norms of the current legislation of Ukraine.
5. VALUE OF GOODS AND PAYMENT PROCEDURE
5.1. The price of the Product is offered for sale in the Jeans & Casual online store, is indicated on the website jeanscasual.com.ua of the "Jeans & Casual" online store (an integral part of this Agreement) and is set in accordance with the procedure provided for by the current legislation of Ukraine.
5.2. The price of the Product offered for sale in the "Jeans & Casual" online store includes all taxes, fees and any other, including non-tax, payments.
5.3. The seller has the right to conduct seasonal or any other types of sales. The product is offered for sale in the "Jeans & Casual" online store (hereinafter - Sale). The seller on the website jeanscasual.com.ua of the online store "Jeans & Casual" must additionally indicate the following information (an integral part of this Agreement):
- which groups of Goods are on sale;
- the duration of the Sale, indicating the start and end dates of the Sale;
- the normal value of the Goods put up for Sale and their value for the period of the Sale.
5.4. The Seller has the right to offer buyers to purchase several Goods at once or their combination, as well as to offer buyers, in the case of purchasing a specific Product determined by the Seller, to purchase another Product determined by the Seller at a reduced price (hereinafter - Promotional offers). The seller on the website: jeanscasual.com.ua of the online store "Jeans & Casual" must additionally indicate the following information (an integral part of this Agreement):
- the content and value of the Promotion, and in the case of an offer to purchase several Goods at once or their combination for one price - the value of such Goods for each separately;
- the terms of acceptance of the Promotion, in particular, the term of its acceptance, as well as any restrictions on its acceptance, including restrictions on the number of Goods offered for purchase on such terms.
5.5. The value of the Goods ordered by the Buyer is equal to the value of the Goods specified on the website: jeanscasual.com.ua of the "Jeans & Casual" online store on the date of conclusion of this Agreement by this Buyer (acceptance of the Seller's offer by this Buyer), taking into account the reduction of the usual price of this Goods as a result of promotional offers and/or sales introduced by the Seller (if they are held at the time of conclusion of this Agreement by the Buyer).
5.6. From the moment of conclusion of this Agreement by the Buyer (acceptance of the Seller's offer by the Buyer), the Seller has no right in any way and under any conditions to change or in any other way revise for this Buyer the price of the Goods ordered by him, as well as the cost of its delivery.
5.7. By filling out the "Ordering" form, the Buyer chooses at his discretion one of the options specified in the "Payment / Delivery" section on the website: jeanscasual.com.ua of the "Jeans & Casual" online store jeanscasual.com.ua/about/how-to- buy/ (an integral part of this Agreement) methods of payment for the cost of the goods ordered by him.
5.8. Failure by the Buyer to fulfill his obligations regarding the payment of the Goods ordered by him is considered a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, entails the termination in full of all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's offer to conclude this Agreement .
5.9. All settlements under this Agreement are made exclusively in the national currency of Ukraine.
6. DELIVERY AND DELIVERY (HANDOVER) OF GOODS
6.1. If the Buyer ordered the goods without delivery, he can receive the ordered goods on his own at the Seller's address specified in the "Contacts" section on the website: jeanscasual.com.ua "Jeans & Casual" online store jeanscasual.com.ua/ about/contacts/ .
6.2. If the Buyer has ordered the goods with delivery, the Seller undertakes within the time specified in the corresponding automatic electronic message about the processing of the Buyer's Order for the Product, but in any case not later than 30 (Thirty) calendar days from the date of conclusion of this Agreement by the Buyer (acceptance of the offer by the Buyer the seller) or the Recipient of the Goods and deliver the ordered goods at the place of delivery of the Goods specified by the Buyer in the relevant order for goods.
6.3. Delivery of the Goods is carried out by the Seller in the manner and to the place specified by the Buyer in the relevant order for the goods.
6.4. The recipient of the Goods ordered by the Buyer is the Buyer or the Recipient of the goods.
6.5. Delivery of the Goods, the value of which on the date of conclusion of this Agreement by the Buyer (acceptance of the Seller's offer by the Buyer) is equal to or exceeds 3500 (three thousand five hundred) hryvnias, 00 kopecks, is carried out at the expense of the Seller.
6.6. Information about the cost and possible methods of delivery of the Goods (an integral part of this Agreement) is available on the "Payment and Delivery" page on the jeanscasual.com.ua website of the "Jeans & Casual" store jeanscasual.com.ua /about/how-to -buy/
6.7. The delivery of the Goods ordered by the Buyer is carried out by the Seller using its own forces or by means of the delivery service of Nova Poshta LLC, depending on the place and method of delivery specified by the Buyer in the corresponding order for the goods.
6.8. The delivery and delivery (handover) of the ordered Goods by means of the delivery service of LLC "Nova Poshta" is carried out under the Agreement in accordance with the terms of delivery of goods established by LLC "Nova Poshta".
6.9. The goods are handed over (transferred) to the Buyer or Recipient of the goods in a packaged form.
6.10. Along with the Goods, the Seller undertakes to transfer to the Buyer or Recipient of the Goods:
- one copy of the order form for the goods sent by the Buyer in accordance with clauses 3.1.-3.2, drawn up by the Seller in accordance with the requirements of the current legislation of Ukraine. the real deal;
- the corresponding settlement document of the established form (receipt, commodity or cashier's check) with a note on the date of sale (date of transfer) of the Goods and indicating the date of settlement for the Goods;
- Product care instructions;
6.11. Delivery (handover) of the ordered Goods to the Buyer or Recipient of the Goods is carried out under the following conditions:
- payment by the Buyer of one hundred percent of the cost of such Goods in the manner and under the conditions established by this Agreement;
- presentation by the Buyer or Recipient of the Goods of a document certifying his identity;
- signing by the Buyer or the Recipient of the Goods of the second copy of the orders for the goods drawn up by the Seller and sent by the Buyer in accordance with clauses 3.1.- 3.2. the real deal.
6.12. If the ordered Product is of high quality, complete and fully corresponds to the corresponding order sent by the Buyer for this Product, the Buyer or the Recipient of the Product signs the second copy of the Order form for the goods and hands it over to the seller or representative of Nova Poshta LLC.
6.13. In the event that the ordered product does not correspond to the corresponding order sent by the Buyer for this product or the product is of poor quality, incomplete and has some defects, the Buyer has the right to choose:
- or refuse this Agreement;
- or demand the exchange (replacement) of this Product for the same Product of the appropriate quality in accordance with the order sent by the Buyer for products or for another similar Product, from among the Products available for sale in the "Jeans & Casual" online store.
6.14. The signature of the Buyer or the Recipient of the Goods on the second copy of the Order form for the Goods is unconditional confirmation of the following facts:
- receipt of the ordered Goods by the Buyer;
- compliance of the ordered Product with the order for this product sent by the Buyer;
- the Buyer has no complaints regarding the quality and completeness of the ordered goods.
6.15. The risk of accidental destruction, loss or damage of the ordered Goods passes to the Buyer from the moment of delivery (handover) of the Goods to the Buyer or the Recipient of the goods.
6.16. This Agreement is considered to be fulfilled at the moment of delivery (transfer) to the Buyer or Recipient of the Goods of the complete Goods ordered by the Buyer of the appropriate quality, which fully corresponds to the Order sent by the Buyer for this product.
6.17. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods is high-quality, complete and fully corresponds to the Order sent by the Buyer for this product and/or the refusal of the Buyer or the Recipient of the Goods to sign the second copy of the issued form. , which, accordingly, entails the termination in full of all obligations of the seller that arose as a result of the Buyer's acceptance of the seller's proposal to conclude this Agreement, except for the obligations to return the funds paid by the Buyer for the Goods (in the event that such funds were paid).
7. GOOD QUALITY, WARRANTY OBLIGATIONS, PROCEDURE FOR PRESENTATION AND SATISFACTION OF BUYER'S CLAIMS
7.1. The Seller undertakes to hand over to the Buyer the Goods ordered by him of appropriate quality, suitable for use for the purpose for which such goods are usually used.
7.2. Quality Co., Ltd aru must meet the requirements established for this category of Goods in the relevant normative legal acts and normative documents.
7.3. The Seller ensures the proper use by the Buyer of the Goods purchased by him during the warranty period established by regulations, regulatory documents and warranty obligations (an integral part of this Agreement) contained on the "Warranty Obligations" page on the website: jeanscasual.com .ua /about/contacts/ "Jeans & Casual" online store
7.4. The warranty period starts from the date of delivery (handover) of the ordered Goods to the Buyer.
7.5. For seasonal goods (clothing, fur and other products), the warranty period is calculated from the beginning of the corresponding season, which is established by the Cabinet of Ministers of Ukraine ( zakon4.rada.gov.ua/laws/show/172-94-%D0%BF ).
7.6. When the Buyer exchanges Goods of proper quality or exchanges (replaces) Goods with significant defects, the warranty period is recalculated from the day of exchange of Goods of proper quality or from the day of exchange (replacement) of Goods with significant defects.
7.7. The warranty period is extended by the period of the Seller's free elimination of product defects. The specified term is calculated from the day when the Buyer handed over the goods to the Seller to eliminate their defects.
7.8. In the event that defects of the purchased Goods are discovered during the established warranty period, the Buyer has the right to demand:
- proportional reduction of the purchase price of the Goods;
- free elimination of product defects;
- Reimbursement of costs for elimination of product defects.
7.9. In the event that the Buyer presents a demand for free elimination of defects in the Goods, such defects must be eliminated by the Seller within 14 (Fourteen) days from the date of receipt of the Goods with defects to the Seller or at another time by mutual agreement of the seller and the buyer.
7.10. In the event that defects of the purchased Goods are discovered during the established warranty period, the Buyer has the right to present to the seller one of the requirements provided for in Clause 7.8. of this Agreement, and in case of its non-fulfilment - to declare another demand, also contained in the list of item 7.8.
7.11. In case of discovery during the established warranty period of significant defects of the Product, which arose due to the fault of the seller, or discovery of facts of falsification of the product, confirmed, if necessary, by the opinion of the expert, the Buyer has the right to choose:
- Terminate this Agreement;
- to demand the exchange (replacement) of a Product with significant defects or a counterfeit product for the same product of proper quality or for another similar Product from among the Products available for sale in the "Jeans & Casual" online store with a corresponding recalculation of the value of the Product in accordance with the current legislation of Ukraine.
7.12. In the event that significant defects of the purchased Goods are discovered during the established warranty period, the Buyer has the right to present to the seller one of the requirements provided for in Clause 7.11. of this Agreement, and in case of its non-fulfilment - to declare another demand, also contained in the list of item 7.11.
7.13. Clause 7.8 is provided for. and clause 7.11. the requirements of this Agreement are considered by the Seller on the condition that the Buyer presents the appropriate settlement document of the prescribed form (receipt, commodity or cashier's check) with a note on the date of sale (date of transfer) of the goods.
7.14. Clause 7.8 is provided for. and clause 7.11. of this Agreement, the Buyer's claims are not subject to satisfaction if the seller proves that the defect of the goods arose as a result of the Buyer's violation of the rules for using the Goods or the terms of its storage.
8. EXCHANGE AND REPLACEMENT OF GOODS
8.1. The Buyer has the right within 14 (Fourteen) working days from the date of receipt of the ordered Good of proper quality (not counting the day of receipt of the Goods) to exchange this good for another similar product from the seller, if the received goods did not satisfy the Buyer in terms of shape, dimensions, style, color, size or for other reasons, or the product cannot be used by the buyer for its intended purpose.
8.2. Exchange of goods of appropriate quality is carried out if it has not been used and if its appearance, consumer properties, seals and labels have been preserved.
8.3. List of Goods that are not subject to exchange and return on the grounds specified in clause 8.1. of this Agreement, approved by the Cabinet of Ministers of Ukraine (zakon4.rada.gov.ua/laws/show/172-94-p).
8.4. Exchange of Goods of proper quality, as well as exchange (replacement) of Goods with significant defects is carried out by the Seller on the basis of a written statement of the Buyer, delivered personally to the representative of the seller or sent to the address of the Seller, indicated in the "RETURN AND EXCHANGE" section on the website: jeanscasual.com.ua Internet -store "Jeans & Casual" jeanscasual.com.ua/about/return-exchange/.
8.5. The Buyer's demands for the exchange of Goods of proper quality, as well as the Buyer's demands for the exchange (replacement) of Goods with significant defects, if the Seller has the Goods necessary for the exchange or replacement, are subject to immediate satisfaction by the Seller, but in any case no later than 14 ( fourteen) working days from the moment of receipt from the Buyer, specified in clause 8.4. of this Statement Agreement.
8.6. The exchange of Goods of proper quality, as well as the exchange (replacement) of Goods with significant defects is carried out by the Seller if the Buyer has a corresponding payment document of the prescribed form (receipt, commodity or cashier's check) confirming the sale of the Goods to the Buyer, with a mark on the date of sale (date of transfer) of the product.
8.7. If, at the time of the Buyer's request to the Seller to exchange the Good of appropriate quality for another similar good, the Buyer needs to exchange the goods and the goods are not for sale in the "Jeans & Casual" online store, the Buyer has the right:
- or exchange the purchased product for any other Not among the Products that are on sale in the "Jeans & Casual" online store with a corresponding recalculation of the value of the Product in accordance with the current legislation of Ukraine;
or terminate this Agreement in accordance with the procedure established by section 9 of this Agreement.
- or exchange the received product for another similar product when it first goes on sale in the "Jeans & Casual" online store. At the same time, the Seller undertakes to inform the Buyer about this on the day of receipt of such Goods for sale.
8.8. The Buyer's return of Goods of proper quality, as well as the Buyer's return of Goods with significant defects in connection with the exchange or replacement of such Goods shall be carried out in accordance with the procedure established by Section 10 of this Agreement.
9. CONTRACT TERMINATION PROCEDURE
9.1. The buyer has the right to terminate this Agreement within 14 (Fourteen) working days from the date of receipt of the ordered Goods, as well as in other cases provided for by this Agreement and the current legislation of Ukraine, by notifying the seller in accordance with the procedure established in Clause 9.2. the real deal.
9.2. The notice of termination of this Agreement shall be deemed to be the Buyer's statement to return the funds paid for the Goods sent to the Seller in accordance with the procedure established in clause 11.1. the real deal.
9.3. This Agreement is considered terminated from the moment the Seller receives the Buyer's application for the return of funds paid for the Goods.
9.4. In order to exercise his right to terminate this Agreement, the Buyer must keep and present to the seller the corresponding payment document of the prescribed form (receipt, commodity or cashier's check) confirming the purchase of the Goods, with a mark on the date of sale (date of transfer) of the goods.
9.5. Termination of this Agreement by the Buyer entails the return of the purchased (received) Goods to the Seller in accordance with the procedure established by section 10 of this Agreement.
10. RETURN OF GOODS
10.1. In the event of termination of this Agreement by the Buyer, in the event of an exchange by the Buyer of Goods of proper quality or exchange (replacement) of Goods with significant defects by the Buyer, the Buyer returns the Goods to the Seller's address specified in the "RETURNS AND EXCHANGE" section of the jeanscasual.com.ua online store "Jeans & casual"
11. PROCEDURE FOR THE RETURN OF FUNDS PAID FOR THE GOODS, PROCEDURE FOR COMPENSATION OF THE BUYER'S EXPENSES
11.1. The refund of funds paid by the Buyer for the Goods / reimbursement of expenses for the elimination of defects in the Goods is carried out by the Seller on the basis of a written statement of the Buyer, delivered personally to the representative of the seller or sent to the address of the Seller, specified in the "RETURN AND EXCHANGE" section on the website: jeanscasual.com.ua Internet -store "Jeans & Casual"
11.2. To the specified in clause 11.1. The Buyer must add to the application:
- a corresponding settlement document of the established form (receipt, commodity or cashier's check) confirming the purchase of the Goods, with a note on the date of sale (date of transfer) of the Goods;
- documents confirming the costs incurred by the Buyer to eliminate the defects of the Goods (in case of claims for reimbursement of such costs).
11.3. The Seller shall return the funds paid for the Goods to the Buyer/reimburse the costs of eliminating the defects of the Goods by one of the following methods:
- transfer of the appropriate amount of funds to the account opened by the Buyer at a bank, including the card account specified by the Buyer in the application specified in clause 11.1. the real deal;
- issue the appropriate amount of funds to the Buyer in cash from the seller's cash register at the address specified in the "RETURN AND EXCHANGE" section on the jeanscasual.com.ua website of the "Jeans & Casual" online store jeanscasual.com.ua/about/return-exchange
11.4. In the specified in clause 11.1. of this Agreement, in the application, the Buyer must indicate which of the specified in clause 11.3. with this Agreement, he wishes to receive a refund of the money he paid for the Product / reimbursement of costs for eliminating product defects. If the Buyer pays for the Goods using a bank payment card, the funds paid by the Buyer for such goods will be refunded to this bank payment card.
11.5. In the event that in the specified in clause 11.1. of this Agreement, the Buyer did not select any of the options specified in Clause 11.3. methods of returning the funds paid to him for the Goods/reimbursing the costs of eliminating the defects of the Goods, or did not indicate an account opened in a bank institution for carrying out the specified calculations with him, it is considered that the Buyer wished to receive the corresponding sums of money in cash from the seller's cash register for to the address indicated in the section AND EXCHANGE" on the jeanscasual.com.ua website of the Jeans & Casual online store jeanscasual.com.ua/about/return-exchange/
11.6. The refund of the funds paid by the Buyer for the Goods is carried out by the Seller on the condition that the Buyer returns such Goods in accordance with the procedure established by section 10 of this Agreement.
11.7. The refund of the funds paid by the Buyer for the Goods / reimbursement of expenses for the elimination of defects in the Goods shall be carried out by the Seller no later than 20 (Twenty) banking days from the moment of receipt from the Buyer specified in clause 11.1. of this Statement Agreement.
11.8. In case of termination of this Agreement by the Buyer, refusal of this Agreement by the Buyer, exchange by the Buyer of Goods of appropriate quality, exchange (replacement) of Goods by the Buyer with significant defects, recalculation of the value of the Goods is carried out in cases provided for by the current legislation of Ukraine.
11.9. In case of exchange by the Buyer of Goods of proper quality and exchange (replacement) of Goods with significant defects by the Buyer for other goods, the seller shall make settlements with the Buyer in accordance with the procedure provided for in Section 11 of this Agreement.
12. RESPONSIBILITY OF THE SELLER AND DISPUTE RESOLUTION PROCEDURE
12.1. The Seller is liable for breach of his obligations under this Agreement in accordance with the current legislation of Ukraine.
12.2. The Seller is released from responsibility for full or partial non-fulfillment of its obligations under this Agreement, if such non-fulfillment was the result of force majeure (force majeure).
12.3. For the purposes of this Agreement, force majeure means external and extraordinary events that did not exist at the time of the conclusion of this Agreement and arose regardless of the seller's will, provided that the Seller could not have foreseen the occurrence of such circumstances or prevented their occurrence by means of which fair to demand and expect.
12.4. Circumstances of force majeure are recognized, including, but not limited to: earthquakes, fires, floods, epidemics, epizootics, contamination by radiation or any nuclear source, transport disasters, military actions, uprisings, mass disturbances, revolutions, strikes, terrorist acts, decisions of state authorities and local self-government bodies, blockades, embargoes, international sanctions, etc.
12.5. In the event that the Seller loses the opportunity to fulfill its obligations under this Agreement as a result of force majeure, the Seller undertakes to immediately notify the Buyer of the occurrence, type and possible duration of events that prevent the proper fulfillment of obligations under this Agreement, within 5 (Five) days after the occurrence of such circumstances.
12.6. All disputes and disagreements arising between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under this Agreement shall be resolved through negotiations.
12.7. In the event of reaching an agreement on the subject of the dispute through negotiations, all disputes and disagreements between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under this Agreement shall be resolved in accordance with the procedure established by the current legislation of Ukraine.
13. OTHER TERMS
13.1. This Agreement is a public electronic contract (offer) for the retail purchase and sale of Goods at a distance using the means of remote communication through the "Jeans & Casual" Internet store.
13.2. The period of acceptance of the proposal (offer) for the conclusion of this public contract is established from June 1, 2016 to June 1, 2020, inclusive.
13.3. The Seller may withdraw or change the terms of the offer (offer) to enter into this public contract, as well as change the terms of this public contract, at any time.
13.4. Withdrawal or change of the terms of the proposal (offer) to conclude this public contract, as well as change of the terms of this public contract, cannot be grounds for:
- any revision or change of conditions or termination of contracts already concluded by the Seller with the Buyers under the terms of this public Contract
- the seller's refusal of the obligations assumed by him under the contracts concluded with the buyers under the terms of this public contract.
13.5. The terms of the proposal (offer) for the conclusion of this public contract, as well as the conditions of this public contract, are the same for all Buyers.
13.6. The Seller's proposal (offer) to enter into this public contract is deemed to be accepted by the Buyer in full from the moment the Buyer concludes this public contract in accordance with the procedure established in clause 3.3. the real deal.
13.7. The conclusion of this public contract (the Buyer's acceptance of the seller's offer) is considered the unconditional and full acceptance by the Buyer of all the terms of this public contract without exceptions, including essential conditions, as well as entering into the relevant contractual relationship with the Seller.
13.8. Confirmation of the conclusion of this public contract is indicated in clause 3.11. of this public contract, the Seller sent an automatic electronic message to the Buyer about the processing of orders for goods.
13.9. Documentary (paper) evidence of the conclusion of this public contract is the reply daily settlement document of the established form (receipt, commodity or cashier's check) with a mark on the date of sale (date of transfer) of the goods.
13.10. Full information about the product offered for sale in the "Jeans & Casual" online store under the terms of this public contract, as well as the information specified in clause 3.5. of this Agreement on the jeanscasual.com.ua website of the "Jeans & Casual" online store.
13.11. Recognizing certain terms of this public contract as invalid, null or void does not entail the recognition of any other terms of this public contract as invalid, null or void.
13.12. By concluding this public contract, the Buyer gives his full and indefinite consent to receive from the seller via SMS, e-mail, social networks, etc. information messages about news of the "Jeans & Casual" online store, as well as promotional offers and sales of goods held by the seller in the "Jeans & Casual" online store. At the same time, the Buyer has the right to refuse to receive the specified information messages at any time by filling out the electronic form on the refusal to receive information messages from the seller on the "PARCEL" page of the website: jeanscasual.com.ua of the "Jeans & Casual" online store.
13.13. By filling out the "Ordering" form and/or going through the registration/authorization procedure on the website: jeanscasual.com.ua of the "Jeans & Casual" online store. The buyer gives his full, complete and unconditional consent to:
- entry by the Seller (the owner and administrator of the personal data base) into the personal data base "Buyer" of the information provided by the Buyer, including information, in accordance with the current legislation of Ukraine, is considered personal data;
- distribution by the Seller of information about the Buyer, including information, in accordance with the current legislation of Ukraine, is considered personal data, to third parties, including couriers and delivery services engaged by the Seller, only for the purpose provided for in clause 13.14. the real deal;
- distribution by the Seller of information about the Buyer, including information, in accordance with the current legislation of Ukraine, is considered personal data, in cases directly provided for by the current legislation of Ukraine.
13.14. By filling out the "Ordering" form and/or going through the registration procedure on the website: jeanscasual.com.uan of the "Jeans & Casual" store. The Buyer gives his full, complete and indefinite consent to the processing and use by the Seller of information about the Buyer, including information that, in accordance with the current legislation of Ukraine, is considered personal data, exclusively for the following purposes:
- for registration and identification of the Buyer in the "Jeans & Casual" online store;
- to restore the Buyer's registration password in the "Jeans & Casual" online store;
- for marketing purposes, namely: the Buyer's message via SMS, e-mail, social networks, etc. about the news of the "Jeans & Casual" online store, Promotional offers and Sales of Goods held by the Seller in the "Jeans & Casual" online store, conducting an analysis of the market for the consumption of the Goods, determining the range of potential Buyers, determining the needs of potential Buyers in the offered goods for sale;
- for the purpose of conscientious fulfillment by the Seller of its contractual obligations to the Buyer, including obligations regarding the delivery of the Goods;
- for the Seller to comply with the requirements of the current legislation of Ukraine, including legislation on the protection of consumer rights.
13.15. On all issues that are not reflected in this public contract, the Parties are governed by the norms of the current legislation of Ukraine.