Offer contract

This Agreement is a public agreement - a public offer agreement, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). By fully agreeing to this Agreement, the buyer accepts the terms and procedure for placing an order, paying for the goods, and delivering the goods.

This Agreement is an agreement between the online store "nadraconcept.com" and any legal entity, individual entrepreneur or individual, user of the services of the online store, hereinafter referred to as the "Buyer", which includes all essential conditions for organizing the purchase and sale remotely (i.e. through the online store).

The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated May 12, 1991, the Rules of Retail Trade in Non-Food Goods, approved by Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.

This agreement is in the nature of a public offer, is the equivalent of an "oral agreement" and, in accordance with the current legislation of Ukraine, has due legal force.

1. General provisions

1.1. This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the purchase and sale remotely, that is, through an online store.

1.2. In accordance with Art. 642 of the Civil Code of Ukraine, full and undisputed acceptance of the terms of a public contract, i.e. a public offer of an online store, is the fact of clicking on the link "Place an order", "Place an order" or "Buy in 1 click and paying for the order in the amount of 100% under the terms of this agreement.

1.3. The public offer is also accepted when the Buyer registers on the online store website.

1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely familiar with and agrees with its terms, and also, if the Buyer is an individual, gives permission to process his personal data for the purpose of fulfilling the terms of this Agreement, making mutual settlements, as well as for receiving invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection. The scope of the Buyer'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. "Internet store" - the Seller's website ("nadraconcept.com"), created for concluding retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the Seller's proposed description of the Goods in photographs, using the Internet, which excludes the possibility of the Buyer's direct familiarization with the Goods - a remote means of selling the Goods.

2.2. "Product" - a list of product names presented in the online store.

2.3. "Personal data" means any information that relates directly or indirectly to a specific person or to an identifiable person.

2.4. "Material defect of the Product" - a defect that makes it impossible or unacceptable to use the product in accordance with its intended purpose, arose due to the fault of the manufacturer (Seller), after its elimination appears again for reasons independent of the consumer and is endowed with at least one of the following features:

a) it cannot be eliminated at all;

b) its elimination requires more than fourteen calendar days;

c) he makes the goods significantly different from what is provided for in the contract.

3. Subject of the contract

3.1. The online store undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.

3.2. This agreement regulates the purchase and sale in the online store, including:

a) voluntary selection by the Buyer of goods in the online store by category;

b) independent registration of the order by the Buyer on the website of the online store;

c) payment by the Buyer of an order placed in the online store;

d) execution and transfer of ownership of the order to the Buyer under the terms of this Agreement.

4. Ordering procedure

4.1. The buyer independently places an order online in the online store or by telephone using the contacts specified in the online store.

5. Cost and payment procedure for goods

5.1. The full cost of the goods is indicated on the pages of the Seller's online store.

5.2. Prices for Goods and services may change depending on market conditions, which is reflected in the prices in the online store. The Seller cannot change the price for a specific Buyer if the Buyer has already accepted the Seller's terms and conditions and has paid for the Goods (services) in accordance with the procedure established by this Agreement.

5.3. The Buyer pays for the order within 2 business days (in the amount of 100% of the prepayment or makes a minimum prepayment of 300 UAH) by bank transfer to the Seller's current account specified in the invoice.

6. Order delivery

6.1. The shipment of goods to the Buyer takes place after the Buyer receives 100% payment or after the minimum prepayment of 300 UAH on the invoice.

6.2. Delivery and return of the goods are carried out by the Seller or a transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 10 days.

6.3. The cost of delivery in the online store is not indicated, as it depends on the current tariffs of the transport company (carrier).

6.4. When ordering wholesale shipments, delivery times and methods are agreed separately in each specific case.

6.5. The Seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).

6.6. The Buyer shall pay the shipping cost to the Carrier Company independently upon receipt of the goods. The exact shipping cost shall be determined by the Carrier Company.

7. Return of goods of proper quality

7.1. The Buyer has the right to exchange the Goods of proper quality for a similar one from the seller from whom it was purchased, if the goods do not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose under the following conditions:

A) the goods for exchange were provided to the Seller within no more than fourteen days, excluding the day of purchase;

B) the product may be replaced if it has never been in use, does not contain traces of use and if its presentation, consumer properties, seals, labels, films are preserved, and the integrity of the packaging of both the product itself and its components is not violated;

C) the product does not contain scratches, chips, abrasions, and is fully functional;

D) the completeness of the goods sold is preserved;

E) the goods may be replaced upon presentation by the Buyer of the payment document issued to the Buyer together with the sold Goods.

7.1.1. The requirements of clause 7.1. do not apply to goods that, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights”, are included in the List of Goods of Proper Quality that are Not Subject to Exchange (Return)

7.2. If the Goods do not meet the conditions specified in clauses A) – E) of clause 7.1., the Seller has the right to refuse to exchange the Goods.

7.3. Transportation costs for delivery of the Goods upon exchange under clause 7.1. are borne by the Buyer.

7.4. When exchanging goods, their warranty period is recalculated from the date of exchange.

7.5. If at the time of exchange a similar product is not available for sale, the Buyer has the right to either purchase any other products from the available range with an appropriate transfer of the cost, or terminate the contract and receive a refund in the amount of the cost of the returned product, or exchange the product for a similar one when the corresponding product first becomes available for sale.

8. Rights and obligations of the parties

8.1. The Buyer is obliged to:

a) familiarize yourself with the information about the Product posted on the Seller's website;

b) place an order on the website yourself;

c) timely pay for and receive the order from the Carrier under the terms of this agreement;

d) upon receipt of the goods from the carrier, verify their integrity and completeness by inspecting the contents of the packaging. In case of damage or incompleteness, record them in a report, which must be signed by the carrier's employee together with the Buyer.

8.2. The buyer has the right to demand that the online store comply with the terms of this agreement.

8.3. The online store is obliged to:

a) comply with the terms of this agreement;

b) transfer the goods to the Buyer in accordance with the selected sample posted in the online store, the placed order and the terms of this agreement;

c) the online store is not liable, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties.

8.4. The online store has the right:

a) unilaterally suspend the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.

9. Procedure for receiving goods by the Buyer

9.1. Upon receipt of the Goods at the carrier's warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its completeness.

9.2. In the event of at least one of the defects listed in clause 9.1. of the Agreement, the Buyer is obliged to record it in a drawn up act of any form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to notify the manager (the Seller's representative responsible for placing an order for the Goods) about the identified defects and agree on the replacement of the Goods.

9.3. The Parties agreed that in case of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any mechanical damage and in full.

9.4. In the event of detection during the established warranty period (shelf life) of significant defects that arose due to the fault of the manufacturer of the goods (Seller), or falsification of the Goods, confirmed by the expert opinion, the Buyer, in accordance with the procedure and within the terms established by the warranty obligations of the manufacturer of the Goods, taking into account the terms of the Offer Agreement, has the right, at his choice, to demand from the Seller:

9.4.1. termination of the contract and return of the amount paid for the Goods;

9.4.2. replacement of the goods with the same or similar Goods from among those available to the Seller.

9.5. In such a case, if the Seller confirms the significant defects of the Goods and if the Buyer so wishes, the paid funds shall be returned to the latter to the details specified by him within 7 (seven) calendar days from the return of the Goods.

9.6. In cases of replacement of poor-quality Goods, payment for the carrier's services is made at the Seller's expense.

9.7. In any case, the return of the Goods must be in the original packaging in which the Goods were received, while preserving the presentation and consumer qualities of the Goods.

9.8. All issues not regulated in this Offer Agreement related to the procedure and conditions of warranty repair or replacement of the Goods in the event of defects being detected during the warranty period (expiration date) shall be regulated in accordance with the warranty obligations specified by the manufacturer of the relevant Goods, and in the event that the manufacturer fails to establish such warranty obligations - in accordance with the current legislation of Ukraine.

10. Responsibility of the parties

10.1. The Parties are liable for failure to fulfill 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.

10.2. In the event of force majeure, the parties are exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure means events of an extraordinary, unavoidable, unforeseeable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.

10.3. The party invoking force majeure circumstances must notify the other party in writing via e-mail within five calendar days of the occurrence of such circumstances.

10.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than five months, each Party has the right to terminate this Agreement unilaterally by notifying the other party in writing.

10.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.

11. Other conditions

11.1. The online store reserves the right to unilaterally make changes to this Agreement with its prior publication on the website "nadraconcept.com"

11.2. The online store is created to organize a remote method of selling goods via the Internet.

11.3. The online store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.

11.4. The buyer is responsible for the accuracy of the information provided when placing an order.

11.5. Payment by the Buyer of an order placed in the Online Store means the Buyer's full agreement with the terms of the Purchase and Sale Agreement (public offer of the Online Store) and is the date of conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.

11.6. Using the online store resource to view the goods, as well as to place an order, is free of charge for the Buyer.

11.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purposes of operating the Online Store (sending notifications to the Buyer about the order fulfillment, sending advertising messages, etc.).

11.8. By accepting the Agreement or registering on the website "nadraconcept.com" (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his personal data in the Seller's registered database "Counterparties" for the following purpose: the data that becomes known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, sending by telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the store's activities. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the telephone number specified in the form.

11.9. The Buyer grants the Seller the right to process his personal data, including: to place personal data in the Buyer's databases (without additional notification of the Participant about this), to carry out lifelong storage of data, their accumulation, updating, modification (as necessary). The Buyer undertakes to ensure data protection from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as upon mandatory request of a competent state authority).

11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

12. Term of this Agreement

12.1. This agreement comes into force from the date of placing an order or registering in the online store "nadraconcept.com" and is valid until all terms of the agreement are fulfilled.