USER AGREEMENT
AGREEMENT FOR THE PURCHASE AND SALE OF GOODS IN THE IDILIA.UA ONLINE STORE
Definition:
The Buyer (Consumer) is a natural person who sent an Order for the purchase of Goods and received confirmation from the Seller about its purchase and sale under the terms of this Agreement.
The seller is "NOVOMOSKOVSKY POSUD" LLC (EDRPOU code: 33905850).
The manufacturer is "NOVOMOSKOVSKY POSUD" LLC (EDRPOU code: 33905850).
Online store - information posted on the Internet at the link Idilia.ua (hereinafter referred to as the Site), which serves as a means of presenting and/or selling goods by making an electronic transaction in the information and telecommunications network at the above-mentioned link.
Registration requirements – minimum requirements regarding the Buyer's personal data for the purpose of his identification as a person and further cooperation.
The sales contract is a written order sent by the Buyer to the Seller about the intention to purchase the Goods and written confirmation by the Seller to sell the Goods in the quantity, assortment and prices presented in the online store, which is considered agreed by the parties.
Sale of goods by remote method - conclusion of an electronic contract on the basis of familiarization of the buyer with the description of the goods provided by the seller in the manner determined by the Law of Ukraine "On Electronic Commerce", by providing access to catalogs, prospectuses, booklets, photos, etc. using information and telecommunication systems, television , by mail, radio communication or in another way, which excludes the possibility of direct acquaintance of the buyer with the goods or with samples of the goods during the conclusion of the contract of sale;
Consignee (Consignee) — the person authorized to receive the Goods and specified in the Order.
The product is a product of the Manufacturer that is not withdrawn and not restricted in civilian circulation and is presented for sale in the Idilia.ua online store (hereinafter - the online store), information about which is posted in the relevant sections of the online store (on the main page, in the sections Product catalog and product card).
Order - the Buyer's request in the established form for the purchase of Goods selected in the online store, sent to the Seller using the Internet in accordance with the requirements of these Rules and the terms of the contract.
The approximate date of delivery of the Goods is the term set by the Seller for the delivery of the goods to the Buyer, depending on the location of the Buyer and the term of delivery of the Goods by delivery services to this region.
1. SUBJECT OF THE AGREEMENT
1.1. In accordance with the procedure and on the conditions established by this Agreement, the Seller undertakes to transfer to the Buyer the ownership of the last selected Product according to the Order, and the Buyer undertakes to accept and pay for the Product in the procedure and on the conditions established by this Agreement.
1.2. Ownership of the Goods shall be transferred to the Buyer or Recipient of the Goods at the time of delivery (handover) of the Goods and subject to full payment by the Buyer of the cost of the Goods in the manner and under the conditions established by this Agreement.
1.3. The Buyer is obliged to familiarize himself with the terms of this Agreement and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement except for publishing it on the Site.
1.4. The owner of the online store reserves the right to unilaterally change this Agreement without any special notice to third parties. The new version of the Agreement enters into force from the moment of its posting on the Site, unless otherwise provided by the new version of the Agreement.
2. ORDERING GOODS
2.1. The parties have agreed that the Order for the Goods is finally accepted by the Seller from the moment of notifying the Buyer of receiving this Order and informing the Buyer of the approximate date of delivery of the goods to him.
2.2. An order for which the Buyer has not been notified of the approximate date of delivery of the Goods is not accepted and is in the "EXECUTION" status.
2.3.According to the received Order, the Seller agrees with the Buyer on the quantity, assortment, price of the Goods and the approximate date and time of its delivery.
2.4. If the Buyer has any questions regarding the characteristics of the Goods, before placing the Order, the Buyer can contact the Seller at +38 (067) 635-10-67.
• The prices and assortment of the Product can be found in the "Product Catalog" section in the online store.
2.6. The cost of delivery of the Goods ordered by the Seller is calculated additionally and paid by the Buyer.
2.7. The price of the Product in the online store can be changed unilaterally by the Seller. Prices for the Goods finally ordered by the Buyer are not subject to change.
2.8. The buyer undertakes to accept the ordered product delivered to him and to pay its price and the cost of delivery.
2.9. Payment of the cost of the Goods and its Delivery is made by the Buyer on the terms of advance payment in non-cash form, within one banking day from the date of notification by the Seller about the date of delivery of the Goods.
• REGISTRATION REQUIREMENTS
3.1. The Buyer undertakes to provide the Seller with the necessary data for registration in the online store.
3.2. The buyer is responsible for the accuracy and correctness of the information provided when registering in the online store.
3.3. The registration data provided by the Buyer are used by the Seller to identify the Buyer when accepting the Goods and executing the Order, as well as all other actions related to the implementation of these Rules and terms of the contract.
4. DELIVERY OF GOODS
4.1. Goods are delivered to those regions that are available to official delivery services. The Seller undertakes to make every effort to ensure the delivery of the goods to the Buyer within the agreed terms, including in the event of a delivery delay not due to the Seller's fault.
4.2. The goods are transferred to the Buyer or the person specified by the Buyer as the Recipient of the Goods in the Order, provided that the Buyer or the Recipient of the Goods presents a passport (or other official identity document).
4.3. The risk of accidental death or accidental damage to the Goods passes to the Buyer at the time of transfer to him or to the person indicated by the Buyer as the Recipient of the Goods in the Order, which is confirmed by signatures in the documents for receiving the Goods.
4.4. The Purchaser and/or Recipient of the Goods shall be provided with an invoice at the time of acceptance and delivery of the Goods.
4.5. The Buyer or Recipient of the Goods confirms with his signature on the invoice that he has no complaints about the quantity, assortment, completeness and appearance of the Goods. The Buyer or Recipient, upon receiving the goods, is obliged to make sure that there are no visible mechanical damages on the goods and to carry out a visual inspection of the quality of the goods.
4.6. In the case of receiving damaged goods, incomplete goods, low-quality goods, etc., the buyer must send a claim to the Seller and return the goods to the Seller, no later than the term provided for in the Law "On the Protection of Consumer Rights".
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Rights of the Buyer:
5.1.1 The buyer has the right to buy goods on the website of the online store, following the procedure established by these rules of the website of the online store.
5.1.2. The Buyer has the right to refuse the Order of the Goods, informing the Seller about it no later than the next day from the date of sending the Order to the Seller, as well as in case of non-conformity of the Goods.
• The buyer has the right to exchange / return the goods in accordance with the Law "On the Protection of Consumer Rights".
• Obligations of the Buyer:
5.2.1. The buyer undertakes to use the site under the conditions established by these Rules and conditions of the Internet Store site.
5.2.2. The Buyer is obliged to pay for the Goods using the payment method selected in the Order section and to accept it in accordance with the established procedure.
5.2.3. The buyer is obliged to ensure the confidentiality of his registration data in the online store and not to disclose them to third parties.
5.2.4. In the event of a change in the data specified by the Buyer in the registration form, the Buyer is obliged to update them.
5.2.5. The buyer is obliged to provide complete, detailed and correct information about himself in the registration form.
5.2.6. The Buyer, when ordering the Goods, undertakes to indicate the place of delivery of the goods.
5.2.7. The Buyer undertakes to accept the Goods personally, or by a person specified by the Buyer as the Recipient of the Goods.
• Rights of the Seller:
5.3.1. The Seller has the right immediately and without warning to limit or stop the Buyer's ability to use the site and/or to cancel its registration, if it detects illegal actions of the Buyer aimed at causing losses or caused losses in the operation of the site.
5.3.2. The Seller reserves the right at any time, without notifying the Buyer, to change the site in its entirety or its individual parts.
5.3.3. The Seller has the right to temporarily or completely interrupt the activity of the Internet store site, without the knowledge of the Buyer.
• Responsibilities of the Seller:
5.4.1 The Seller undertakes to inform the Buyer of the necessary and reliable information about the Goods.
5.4.2. The Seller undertakes, in accordance with the Law "On Protection of Personal Data", to observe the Buyer's right to the confidentiality of the information provided by him, specified in the registration form and Order execution.
5.4.3. The Seller undertakes to deliver the goods ordered by the Buyer to the address indicated by him, taking into account the conditions specified in the "Delivery of Goods" section.
5.4.4. If the Seller, due to important circumstances, is unable to sell the ordered Product to the Buyer, he undertakes to offer him a similar one, the most similar in terms of its characteristics. If the Buyer refuses to purchase a similar or the most similar product in terms of its characteristics, the Seller is obliged to return the funds to the Buyer, if the payment has already been made by him, within 14 (fourteen) days from the date of payment, according to the Buyer's Application and in accordance with the procedure provided by the current legislation.
• PRODUCT CHARACTERISTICS AND QUALITY GUARANTEE
6.1. The characteristics of each product on the website of the Internet store Idilia.ua are indicated in the descriptions posted on the website.
6.2. The seller makes every effort to provide information about the Product as accurately as possible. However, for technical reasons, situations in which the information may contain inaccuracies or appear incomplete are not excluded. Therefore, the Seller reserves the right to correct errors, change or update information about the Goods at any time.
6.3. The Seller is not responsible for the fact that the goods in the online store may differ in color, shape or other parameters from the actual sizes, shapes or colors due to the properties of the Buyer's monitor.
6.4. The quality of the product must meet the requirements of DSTU EN 12983-1:2003 for household kitchenware.
6.5. The seller provides a quality guarantee for the product: the kettle - one year, all other products - two years, provided the Buyer observes the rules of storage and/or use (operation) of the product.
• RESPONSIBILITY
7.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with this Agreement and the current legislation of Ukraine.
7.2. The buyer is fully responsible for the accuracy of the data specified in the registration form. If the Buyer does not provide accurate data in the registration form, the Seller is not responsible for the resulting consequences.
• The buyer is responsible for his actions when using the Internet store site.
7.4. The Seller is released from any liability in cases where the damage occurred due to the fact that the Buyer, disregarding the Seller's recommendations and his obligations, did not familiarize himself with the terms of this Agreement, despite the fact that such an opportunity was given to him.
7.5. The seller is not responsible for the actions of third parties (specialists in the field of information technologies).
• CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
8.1. The Buyer's personal data is processed in accordance with the Law of Ukraine "On the Protection of Personal Data" and the provisions of this Agreement.
8.2. The seller takes the necessary technical and organizational information security measures to prevent the unwarranted dissemination of information and to minimize these risks. Such measures include: use of anti-virus tools, placement of media in secure server centers, encryption, broadcast of network addresses and concealment of the internal structure of the Seller's network, deployment of proper access rights management systems and procedures.
8.3. Data backup is used to protect against accidental loss and/or damage of personal data.
8.4. Industry-standard security measures are used to protect privacy and security when users interact with the site.
9. FORCE MAJEURE CIRCUMSTANCES
9.1. The Parties are released from responsibility for partial or complete non-fulfillment of obligations under this Agreement, if this is a consequence of force majeure circumstances (an act of force majeure that does not depend on the will of the Parties), namely: the threat of war, armed conflict or the threat of such a conflict, including but not limited to blockades, military embargoes, acts of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, acts of public enemy, sedition, acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, mutiny, uprising, mass riots, introduction of curfew, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of relevant decisions and acts of state authorities, etc., as well as circumstances caused by exceptional weather conditions and natural disasters, namely: epidemic, strong storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, passes, earthquake, fire, drought , subsidence and landslides, other natural disasters, etc., decisions of state authorities that entail the impossibility of fulfilling the terms of the contract, and other circumstances that are usually recognized as such in business practice, if these circumstances directly affected the fulfillment of the terms of this Agreement.
9.2 The party invoking Force Majeure must prove that:
- Force majeure circumstances are beyond the control of the Party;
- The occurrence of such circumstances could not be foreseen at the conclusion of the Agreement;
- Such Party, after the occurrence of Force Majeure circumstances, could not avoid and overcome them,
- Force majeure circumstances are not caused by the actions (inaction) of the other Party.
Exemption from liability applies only to obligations, the fulfillment of which is directly prevented by Force Majeure circumstances, and such exemption is valid only during the period, while such Force Majeure circumstances continue. Force majeure circumstances are not grounds for exemption from liability for breach of payment (monetary) obligations under this Agreement.
9.3 The Party that cannot fulfill its obligations due to Force Majeure circumstances, immediately after the occurrence of such circumstances, but no more than within 3 (three) working days, shall notify the other Party in writing of such circumstances. The presence and duration of Force Majeure circumstances must be confirmed by a document issued by the relevant Authority. The Party that refers to Force Majeure circumstances must provide the original of such a document to the opposite Party within 10 (ten) working days after the occurrence of such circumstances.
9.4 If the Force Majeure circumstances last more than 2 (two) months or, as can reasonably be expected, will last more than 2 (two) months, or if the Force Majeure circumstances arose due to the adoption of new legislation, the Parties shall immediately begin negotiations and agree to amend the of this Agreement, which are necessary to ensure that the Parties can continue to fulfill their obligations under this Agreement in a way that most accurately reflects their original intentions.
10. OTHER TERMS
• This Agreement is governed by the applicable laws of Ukraine.
10.2. The buyer guarantees that all the terms of this Agreement are clear to him, and he accepts them unconditionally and in full. In case of questions and complaints from the Buyer, he can call +38(067)635-10-67 or send a letter to the e-mail address uaposuda@m.interpipe.biz.
10.3. The parties will try to resolve all disputes through negotiations, in case of impossibility of resolving the respective dispute through negotiations, it will be resolved in a court of law according to the established jurisdiction and jurisdiction of such a dispute in accordance with the current legislation of Ukraine.
I agree with the terms of this Agreement and hereby confirm its conclusion.