User Agreement, Optics Ochi online store
This Public Offer Agreement (and/or Offer) is the Seller's proposal to enter into a public agreement on the purchase of goods/services using the https://ochi.ua/ online store with any interested person under the conditions stipulated below.
DEFINITION OF CONCEPTS
A public offer contract is a public contract, the terms of which according to Art. 633, 641 of the Civil Code of Ukraine, are the same for all Buyers, the unconditional acceptance of the terms of which by the Buyer (payment of the Goods in accordance with part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the Seller and the Buyer.
Administration - employees of the Seller, authorized to manage the Internet store.
Acceptance - acceptance by the person of the offer to conclude the Agreement (by clicking on the "Make an order" link or by placing an order through the Internet store operator).
Online store and/or Site – the appropriate software and functional complex, located on the official website at the address https://ochi.ua/, which allows you to familiarize yourself with the Goods/Services, their appearance, technical characteristics, price, payment terms , etc., make a corresponding order, etc.
The seller is a business entity registered in accordance with the procedure established by the legislation of Ukraine Pravdenko M.O. (YEDRPOU 2886415415, location: 021001, Vinnytsia), represented by the Administration of the Internet store. The name of the Seller is indicated in the documents for the transfer of the Goods/Services to the Buyer.
Offer – the Seller's proposal to enter into this Public Offer Agreement on the terms set forth in this Agreement, which is addressed to an unlimited number of persons.
Order – the User's application for the purchase of Goods/Services published (presented) in the online store, executed by filling out the appropriate electronic form in the online store.
User of the Internet store (hereinafter "User") - any person who has access to the Internet store and uses its functionality and services.
Confirmation of the order - the Seller's notification of receipt of the Order from the Buyer and acceptance of such order for execution.
The buyer is any person who accepted this public offer.
The parties are the collective names of the Seller and the Buyer.
Product – any product, information about which is posted in the online store.
Services — any services provided by the Seller, information about which is posted in the online store.
Registration is the procedure of entering the User's personal data in a special form on the pages of the Online Store in order to provide the User with access to the personalized services of the Online Store. At the same time, the User becomes registered.
1. GENERAL PROVISIONS
1.1. This Public Offer Agreement is a public Agreement in accordance with Art. 633, 641 of the Civil Code of Ukraine, the conditions of which are set the same for all Buyers.
1.2. The fact of placing an order by the Buyer (by clicking on the "Place an order" link or by placing an order through the Internet store operator) in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, is considered acceptance of this Agreement by the Buyer.
1.3. The Agreement concluded on the basis of the Buyer's acceptance of this offer is an Accession Agreement, to which the Buyer joins without any exceptions and/or reservations.
1.4. The Administration of the Online Store may at any time, without notice, make any changes to this Agreement, materials and information contained in the Online Store. Under no circumstances is the Administration responsible for the irrelevance of information on the Site, any damages arising from the use, impossibility of use, or the results of the use of the Internet store resource.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller undertakes to transfer the Goods to the Buyer's ownership under the terms of this Agreement and/or to provide the Buyer with the Service, and the Buyer undertakes to accept the Goods/Services and pay for his/her value under the terms of this Agreement.
2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious, pretend transaction, a transaction committed under the influence of violence or deception.
3. MOMENT OF CONTRACT CONCLUSION
3.1. Acceptance by the Buyer of the offer to conclude the Agreement (Acceptance) is carried out by placing an order for the Goods/Services in the online store under the conditions specified in clause 1.2. of this Agreement. The moment of conclusion of the Agreement is confirmation of the order by the Seller.
3.2. The buyer confirms his consent to receive messages to his e-mail address, which was specified by him when filling out the registration form on the website of the online store or during the actual use of the online store, as well as indefinite consent to receive commercial, advertising, other offers from the Administration (about new products, promotions, etc.), and if the Buyer expresses his intention to refuse to receive the above information, he has the opportunity to make appropriate changes in the field of the flag of the "refuse" button in the mailing letter itself.
4. PROCESSING THE ORDER
4.1. The Order of Goods/Services is made by the Buyer through the Internet store or with the help of the Internet store operator.
4.2. You can place an Order through the online store after registration. At the same time, the Buyer has the right to register on the website only 1 (one) time, that is, he can have only one Personal account.
4.3. When registering in the online store, or when ordering Goods/Services with the help of the online store operator, the Buyer must provide the following information about himself:
– Surname, first name, patronymic of the Buyer;
– Buyer's contact phone number;
– e-mail address for contacting the Buyer;
- the address of delivery of the Goods (if delivery of the Goods is necessary).
4.4. The buyer registering in the online store receives individual identification by providing a login and password. Transfer of login and password by the Buyer to third parties is prohibited.
4.5. The Buyer places the order by clicking on the "Place order" link, or by confirming the order to the online store operator, respectively.
The placing of the Order by the Buyer and its subsequent transfer to execution means sufficient and complete familiarization of the Buyer with the price of the Product/Service, the technical characteristics of the Product, its functionality, with information about the terms of delivery and terms of warranty service, the terms of service provision.
4.6. The order is considered accepted by the Seller and is subject to execution after Confirmation of the last order (confirmation is a message from the Seller sent to the Buyer by means of communication).
If the ordered Goods are not in the Seller's warehouse, including for reasons beyond the Seller's control, the Seller has the right to remove the specified Goods from the Buyer's Order and notify the Buyer thereof.
If the Buyer is unable to provide the Service ordered by the Buyer, including for reasons beyond the Seller's control, the Seller has the right to remove the specified Service from the Buyer's Order and notify the Buyer thereof.
4.7. Any information about the Goods/Services contained on the website of the online store is for informational purposes and cannot be taken as fully conveying all the properties and characteristics of the Goods/Services. If the Buyer has questions about the properties and characteristics of the Goods/Services, before ordering the Goods/Services, he should contact the Internet store operator for advice.
5. PRICE OF GOODS AND TERMS OF PAYMENT
5.1. The price at which the Product is sold/the Service is provided is indicated in the documents for the transfer of the Product/service provision to the Buyer.
The Seller reserves the right to unilaterally change the prices of Goods/Services. At the same time, the prices for the Goods/Services ordered by the Buyer (after confirmation of the order by the Seller) are not subject to change.
5.2. Payment for the Goods/Services is made by the Buyer in cash or non-cash form by transferring funds to the Seller's current account. The currency of calculations is hryvnia.
5.3. The buyer is obliged to pay for the ordered Goods/Services within the terms agreed upon by the Parties when placing the order.
5.4. With a non-cash form of payment, the Buyer's obligations to pay for the Goods/Services are considered fulfilled from the moment the funds are credited to the Seller's current account.
5.5. If the Product is sold with a discount, information about the availability and amount of the discount is posted on the website of the online store and is informative. The price at which the Goods/Services are sold is specified in accordance with Clause 5.1. Discounts are not cumulative or added to other discounts.
6. TERMS OF SUPPLY OF GOODS
6.1. The Seller's obligation to transfer the Goods to the Buyer arises from the moment the funds are credited to the Seller's current account.
6.2. The terms of delivery of the Goods to the Buyer are agreed by the Parties in each specific case and are recorded in the order confirmation. The date of delivery of the Goods is indicated in the invoices for the Goods.
6.3. Goods are delivered to the Buyer on the terms and conditions published on the website of the online store at https://ochi.ua/ua/content/dostavka-ta-oplata
6.4. Ownership of the Goods passes from the Seller to the Buyer at the moment of actual transfer of the ordered (paid) Goods to the Buyer.
6.5. The acceptance of the Goods in terms of quantity and quality takes place at the place of transfer of the Goods from the Seller (carrier) to the Buyer. After the Buyer receives the Goods, claims regarding the quantity, completeness and type of the Goods are not accepted.
7. RETURN OF GOODS
7.1. The Buyer has the right to return the Goods to the Seller in accordance with the terms and conditions published on the website of the online store at https://ochi.ua/ua/content/obmin-ta-povernennya.
7.2. Consideration of the Buyer's requirements, including regarding the return of the Goods, is carried out on the condition that the Buyer provides the original settlement document for the Goods.
8. RIGHTS AND OBLIGATIONS OF THE SELLER
8.1. The seller has the right to:
- at any time to make changes to this Agreement, materials and information (including about the Goods/Services) offered in the Internet store;
- refuse to enter into a Public Offer Agreement if he does not have the opportunity to sell the relevant Product/provide the Service to the Buyer;
- make recordings of telephone conversations with the Buyer;
- to suspend the sale of Goods/provision of Services to the Buyer in case of breach by the Buyer of its obligations (in particular, but not limited to, failure to make payment for the ordered Goods/Services) under this Agreement;
- to require the Buyer to fulfill his obligations under this Agreement in good faith;
- without agreement with the Buyer, transfer your rights and obligations for the performance of the Agreement to third parties.
8.2. The seller is obliged to:
- send the Buyer confirmation of the order or notify him of the impossibility of fulfilling the Buyer's order;
- hand over the Goods to the Buyer after he has paid for such Goods;
- to provide Services with high quality and on time;
- check the quality and quantity of the Goods when handing them over to the Buyer;
- not to disclose any private information of the Buyer and not to provide access to this information to third parties, with the exception of cases provided for by the legislation of Ukraine (it is not considered a violation of the Seller to provide information to counterparties and third parties acting on the basis of the Agreement with the Seller, including to fulfill obligations to the Buyer);
- prevent attempts of unauthorized access to information and/or its transfer to persons who are not directly related to the execution of Orders; detect and stop such facts in a timely manner;
- properly fulfill the terms of this Agreement.
9. RIGHTS AND OBLIGATIONS OF THE BUYER
9.1. The buyer has the right to:
- register in the online store;
- in case of disagreement with any item of the offer, refuse to purchase Goods/accept Services, register in the Internet store, and any other actions provided for in this Agreement;
- seek advice from the Seller regarding the properties and characteristics of the Goods/Services;
- to require the Seller to fulfill his obligations under this Agreement in good faith;
- other rights stipulated by the current legislation of Ukraine
9.2. The buyer is obliged to:
- before the conclusion of the Agreement, familiarize yourself with the content and conditions of the Agreement, the prices for the Goods/Services offered by the Seller in the online store;
- to provide all the necessary data identifying him as a buyer and necessary for registration in the online store by manually entering the data during registration in the online store, or by communicating the necessary information to the operator of the online store, and keep them up to date;
- pay for the ordered Product/Service (and its delivery, if delivery of the Product is necessary);
- properly formalize the acceptance of the Goods/Services (including signing and handing over to the Seller the relevant documents for receiving the Goods/Services), presenting a document certifying the person (the person authorized to receive the Goods);
- check the quality and quantity of the Goods when they are received from the Seller;
- not to divulge any private information of the Seller and not to provide access to this information to third parties, except for cases stipulated by the legislation of Ukraine; not to transfer the login and password received during registration to third parties, and to be personally responsible for failure to fulfill this obligation;
- properly fulfill the terms of this Agreement.
10. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
10.1. The parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.
10.2. When placing an order, the Buyer is responsible for the accuracy of the information about himself provided to the Seller (including, but not limited to, the information specified in clause 4.3 of the Agreement), and also confirms that he is familiar with the terms of this Agreement and agrees with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
10.3. The Seller is not responsible for the impossibility of fulfilling the Buyer's order, if such impossibility arose as a result of circumstances beyond the control of the Seller, including, but not limited to, disruption of communication lines, equipment malfunction, etc.
10.4. The Seller's general liability for non-fulfillment or improper fulfillment of the terms of this Agreement is limited to the amount of the Buyer's payment made on the basis of this Agreement.
10.5. The warranty for the Product is provided under the conditions published on the website of the online store at the link https://ochi.ua/ua/content/obmin-ta-povernennya.
11. FORCE MAJEURE
11.1. The period for the Parties to fulfill their obligations under this Agreement can be suspended only in the event of force majeure, namely: fire, natural disaster, armed conflict, significant changes in the legislation of Ukraine, which complicates or makes it impossible for the Party to fulfill its obligations under this Agreement, or from other circumstances beyond the control of the Parties.
11.2. The party affected by force majeure must notify the other party in writing within 5 (five) calendar days.
11.3. In the event of the occurrence of force majeure circumstances, the Party affected by them, subject to compliance with the requirements of clause 11.2 of this Agreement, shall be released from liability under this Agreement for the duration of such circumstances.
11.4. After the termination of the force majeure circumstances, the period of performance of obligations is renewed. The Party affected by force majeure must notify the other Party in writing about the termination of force majeure circumstances.
11.5. If force majeure continues for more than 30 (thirty) consecutive calendar days, the Parties have the right to terminate this Agreement and make final settlements. At the same time, damages caused by the termination of the Agreement shall not be compensated and fines shall not be paid.
12. OTHER TERMS OF THE AGREEMENT
12.1. This Agreement enters into force from the moment the Buyer receives confirmation of the order from the Seller. The Agreement is valid until the Parties fully fulfill their obligations.
12.2. This Agreement is concluded on the territory of Ukraine and operates within the framework of the current legislation of Ukraine.
12.3. The online store contains materials, trademarks, brand names and other materials protected by law. The buyer or any other third parties have no right to use the materials posted in the online store (including making changes, copying, publishing, transferring to third parties, etc.). The use of site materials without the consent of the copyright holders is not allowed. When quoting site materials, including protected copyright works, a link to the Internet store site is mandatory.
12.4. The Parties will try to resolve all disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement during negotiations. In the event of failure to reach an agreement during the negotiations, disputes will be resolved in accordance with the procedure provided for by the current legislation of Ukraine.
13. Personal data
13.1. The provision of personal data when filling out the registration form on the site, as well as their placement by the User/Buyer voluntarily on the Site while using the Site, is regulated in accordance with the legislation of Ukraine on the protection of personal data.
13.2. In order to place an order for Goods/Services, participate in promotions, research or otherwise interact with the Administration, the User/Buyer must carefully familiarize himself with the rights and obligations regarding the processing of personal data, which are specified in Art. 8 of the Law of Ukraine "On Personal Data Protection", read this Agreement carefully and accept its terms.
13.3. Personal data of the User/Buyer are stored in the personal data base, which is the property of the Administration of the Internet store.
13.5. Personal data of the User/Buyer are stored in the database of personal data of the Administration, until the time of their withdrawal at the written request of the User/Buyer. In the case of withdrawal of consent to the processing of personal data, the Administration has the right to restrict the User/Buyer from using some resources, servers and capabilities of the Internet Store.
13.6. The dissemination of information provided by the User/Buyer is carried out in accordance with the current legislation of Ukraine at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of Ukraine.
13.7. The buyer confirms his consent to processing, making changes, additions to his personal data without his written warning by the Administration.
13.8. The location of the personal data base, which contains personal data of the User/Buyer, is the location of the Administration.
13.9. The Administration has the right to process the User's/Buyer's personal data both independently and by entrusting the processing of personal data to third parties on the basis of a written contract under the condition of maintaining confidentiality.
Carefully read the text of the public offer, and if you do not agree with any item of the offer, you have the right to refuse to purchase the Goods/Services available in the online store and not to take the actions indicated in clauses 4.3, 3.1 of this Offer.