Public offer
Under this Agreement, one party Seller, on the one hand, and any person who has accepted the terms and conditions of this Public Offer Agreement - Buyer, on the other hand,hereinafter collectively referred to as the Parties, have concluded this Public offer agreement (hereinafter — the Agreement), addressed to an unlimited number of persons, being an official public offer of the Seller to conclude a contract of sale of Goods or Services with the Buyers, which are posted in the relevant section Website.
1. General terms
1.1. The contractual relationship between the Seller and the Buyer is formalized by means of a Public Offer Agreement.
1.2.The Contract of public offer is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms and conditions are the same for all Buyers regardless of status (individual, legal entity, individual – entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions and procedure for placing an order, payment and delivery of goods by the Seller, liability for bad faith Order and failure to fulfill the terms of this Agreement.
1.3. To regulate contractual legal relations under the Contract, the Parties shall choose and apply the current legislation of Ukraine.
2. Subject of the contract and procedure for its conclusion
2.1. The Seller undertakes to sell the Goods on the basis of the Buyer's Order on the terms and in the manner specified in this Agreement, and the Buyer undertakes to purchase the Goods and pay funds for them on the terms and in the manner specified in this Agreement.
2.2. The Seller confirms that it has all the necessary permits to carry out business activities regulating the scope of legal relations arising and valid in the course of execution of this Agreement.
2.3. The date of conclusion of the Contract-Offer and the moment of full and unconditional acceptance by the Buyer of the terms and conditions of the Contract shall be the date of the Buyer's order in the online store dozator.com.ua, provided that the Buyer has received confirmation of the order from the Seller. The purchase of goods in this online – store shall be considered a verbal confirmation of adherence to the terms and conditions of the contract.
3. Ordering procedure
3.1. Buyer shall have the right to place an order for any Goods that are posted on the site and in stock.
3.2. The Buyer independently places an order on the corresponding page of the website of the Internet – store by adding the Goods to the virtual cart by pressing the button «Buy» or by placing an order at the phone numbers listed on the website.
3.3. The fact of receipt of the Buyer's order confirmation from the Seller shall constitute unconditional acceptance of the terms and conditions of this Agreement, including the Buyer's consent to the sending of e-mails regarding the status of his order.
4. Payment procedure
4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the website of the online store dozator.com.ua.
4.2. Prices for goods and services may be changed unilaterally by the seller depending on market conditions.
4.3. Online payment is possible only for products with a clearly stated price on the website. All products that do not have a price listed require an individual calculation by specialists. In such cases, placing an order and making an online payment is not possible. For information on the cost of products without a price, please contact us for advice.
4.4. The cost of delivery of Goods is specified on the site of the Internet-shop dozator.com.ua on the page Delivery.
4.5. The cost of the Order may vary depending on the price, quantity or nomenclature of the Goods. The final cost of the order is determined by the Seller after the order is agreed with the Buyer by telephone.
4.6. The available methods and features of payment for the Goods selected by the Buyer are specified on the page of the Website Payment or otherwise communicated depending on the chosen method of payment for the Order.
4.7. The order shall be considered paid from the moment the payment is received on the Seller's settlement account.
5. Delivery terms
5.1. The Buyer shall receive the Goods by delivery or receive them personally. The delivery procedure is specified on the corresponding page of the Website Delivery.
5.2. The Buyer confirms the fact of receipt of the Goods and absence of claims to the quality of the Goods delivered by the Carrier Companies by signing the consignment note, the Carrier Company's declaration or the bill of lading upon receipt of the Goods. For its part, the Seller guarantees shipment of the Goods to the Carrier Company in the quantity specified by the Buyer and in proper condition and quality.
5.3. All questions arising in the process of payment and receipt of Goods, the Buyer can clarify by contact details specified on the website of the Internet – store in the section Contacts.
6. Order of acceptance – transfer of goods
6.1. Upon receipt of the Goods at the delivery warehouse, in the Seller's store, the Buyer shall check the external integrity of the package, then open it and make sure that the Goods are in proper external condition (no mechanical damage) and complete. Receipt of the Goods is a confirmation that the Buyer has no claims to the quality, appearance, quantity and completeness. After receipt of the Order, no claims to the quantity, completeness and appearance of the Goods shall be accepted.
6.2. In case of at least one of the above mentioned defects, the Buyer shall be obliged to fix it in a report drawn up. The report must be signed by the Buyer and the delivery employee or the Seller. If possible, the defects shall be fixed by means of photo or video shooting.
6.3. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer shall be deemed to have received the Goods in proper condition – without any mechanical damage and fully complete.
6.4. The Buyer (individual) within 14 (fourteen) calendar days after receipt of the Goods of proper quality has the right to return or exchange them for a similar one from the Seller from whom they were purchased, if the Goods are not satisfactory in shape, dimensions, size or other reasons cannot be used for their intended purpose, provided that such Goods have not been used and their completeness and packaging have been preserved. In such case, the carrier's services and costs associated with the order shall be paid by the Buyer.
6.5.In any case, the return of the Goods must take place in the original packaging in which the Goods arrived.
7. Rights and obligations of the parties
7.1. The seller is obliged to:
7.1.1. fulfill the terms and conditions of this Agreement;
7.1.2. transfer the Goods to the Buyer in accordance with the order placed and the terms and conditions of this Agreement;
7.1.3. check the qualitative and quantitative characteristics of the Goods during packing at the warehouse.
7.2. The Seller has the right to:
7.2.1. Unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms and conditions of this Agreement.
7.2.2. The Seller reserves the right to fail to fulfill its obligations under the Contract in case of force majeure or in case of unavailability of the Goods.
7.2.3. To change this Contract, prices for the Goods and tariffs for services, methods and terms of payment and delivery of the Goods unilaterally.
7.2.4. By accepting this offer, the Buyer agrees and allows the Seller to process his personal data, including the following
- surname;
- name;
- middle name;
- address;
- cell phone;
- e-mail.
The Buyer authorizes the collection, systematization, accumulation, storage, clarification (update, change), use, distribution, depersonalization, blocking, destruction of personal data, as well as their transfer to the Seller's contractors for further processing (including collection, systematization, accumulation, storage, clarification (update, change) (update, change), use, distribution, blocking, destruction of personal data) for conducting research aimed at improving the quality of services, for conducting marketing programs, statistical and analytical research, as well as for further processing (including collection, systematization, accumulation, storage, clarification (update, change), use, distribution, blocking, destruction of personal data).
The Buyer agrees and allows the Seller and the Seller's contractors to process the Buyer's personal data using automated database management systems, as well as other software specifically developed on behalf of the Seller. The Buyer agrees that if it is necessary for realization of the purposes specified in this offer, his personal data received by the Seller may be transferred to third parties, to whom the Seller may entrust the processing of the Buyer's personal data on the basis of the agreement concluded with such persons, subject to compliance with the requirements of the legislation of Ukraine on ensuring by such third parties the confidentiality of personal data and security of personal data during their processing.
When transferring the said Buyer's data, the Seller shall warn the persons receiving the Buyer's personal data that such data is confidential and may be used only for the purposes for which they are notified, and shall require these persons to comply with this rule. The Buyer has the right to request from the Seller full information about his personal data, their processing and use, as well as to request the deletion or correction/addition of incorrect or incomplete personal data by sending a corresponding written request to the Seller's postal address. The Buyer's consent to the processing of his/her personal data is perpetual and may be withdrawn by a written request of the Buyer sent to the Seller's postal address.
7.2.5. Use "cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties. Files «cookies» containing small fragments of text and are used to store information about the operation of web browsers. They allow you to store and retrieve identifying information and other information on computers, phones and other devices.
7.2.6. The Seller has the right to send to the Buyer messages of advertising and informational nature by means of e-mail newsletters with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.
7.2.7. The Seller has the right to unilaterally cancel the Buyer's Order if the Buyer violates the payment deadline by more than one banking day.
7.3. The buyer is obliged to:
7.3.1. To timely pay for and receive orders under the terms of this Agreement;
7.3.2. Upon receipt of the Goods make sure of their integrity and completeness by inspection. In case of damage and incomplete set – fix them in the act, which should be signed by the delivery service employee or the Seller together with the Buyer.
7.4. The buyer has the right to:
7.4.1. place an order online – store;
7.4.2. demand from the Seller to fulfill the terms and conditions of this Agreement.
8. Liability of the parties
8.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms and conditions of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.2. Seller is not responsible for the manufacturer's altered appearance of the product.
8.3. In case of force majeure circumstances, the Parties shall be released from fulfillment of the terms and conditions of this Contract. For the purposes of this Contract, force majeure circumstances shall mean events of extraordinary, inevitable and unpredictable nature, excluding or objectively preventing the fulfillment of this Contract, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
8.4. The parties shall use their best efforts to resolve any disagreements solely through negotiation.
9. Term of the contract
9.1. This Agreement shall remain in force until the Parties fulfill their obligations in full, except for cases of its early termination.
9.2. Prior to the expiration date this Contract may be terminated by mutual agreement of the parties and in other cases provided for by this Contract and the current legislation of Ukraine.
9.3. The present contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.4. All disputes arising between the Buyer and the Seller shall be settled by negotiations. In case of failure to reach a negotiated settlement of the dispute, the Buyer and/or the Seller shall have the right to apply for dispute resolution to judicial authorities in accordance with the current legislation of Ukraine.
9.5. The Seller has the right to amend this Contract unilaterally. In addition, the Contract may be amended by mutual consent of the Parties in accordance with the procedure stipulated by the current legislation of Ukraine.
9.6. The Seller is not responsible for the content and truthfulness of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.
ALS DOZAVTOMATY
EDRPOU 00226514
Location address: 25004, Ukraine, Kropyvnytskyi, 2 Experimentalnyi lane
E-mail: dozator@ukr.net