Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement – the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude a contract for the sale of Goods with the Buyers, the photos of which are posted in the relevant section of the Website https://www.topperevod.com/.
Sellers who intend to sell Goods using the Website https://www.topperevod.com/ and Buyers when purchasing Goods, the images of which are posted on the relevant pages https://www.topperevod.com/, accept the terms of this Agreement as follows .
1.1. The contractual relationship between the Seller and the Buyer is drawn up in the form of a Public Offer Agreement. Clicking on the Website page https://www.topperevod.com/ in the relevant section of the “ORDER” button means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation , took to fulfill the terms of the Public Offer Agreement, which are listed below.
1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its 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 conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force from the moment you click on the “ORDER” button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and fully settles with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian law. If an international treaty agreed to be bound by the Verkhovna Rada of Ukraine establishes other rules than those established by Ukrainian legislation, then the rules of the international treaty shall apply.
TERMS AND DEFINITIONS
“Public offer agreement” – a public agreement, a sample of which is posted on the Website https://www.topperevod.com/ and the use of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Website https: //www.topperevod.com/, sent to an indefinite circle of persons, including Buyers.
“Acceptance” – – acceptance by the Buyer of the seller’s offer to purchase the Goods, the image of which is posted on the Website https://www.topperevod.com/, by adding it to the virtual basket and sending the Order.
“Goods” – an item of trade (product, model, accessory, components and related items, any other items of trade), for the purchase of which the seller’s offer is posted on the Website https://www.topperevod.com/.
“Buyer” – any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who visited the Website https://www.topperevod.com/ and intends to purchase this or that Product.
“Seller” – any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who are the owners or distributors of the Goods and with the help of the Website https://www.topperevod.com/ have the intention to sell it.
“Order” – a duly completed and placed on the Website https://www.topperevod.com/ application of the Buyer for the purchase of Goods addressed to the seller.
“Legislation” – the norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.
“Significant defect of the Goods” – a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it appears again for reasons independent of the consumer.
SUBJECT OF THE CONTRACT
3.1. The Seller undertakes, on the terms and in the manner specified by this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website https://www.topperevod.com/, and the Buyer undertakes, on the terms and in the manner specified in this Agreement, to buy product and pay for it.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction
or a transaction made under the influence of pressure or deceit.
3.4. The Seller confirms that he has all the necessary permits for the implementation of economic activities that regulate the scope of legal relations arising and operating in the process of execution of this Agreement, and also guarantees that he has the right to manufacture and / or sell goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the rights of the Buyer in the process of execution of this Agreement and the sale of the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged:
comply with the terms of this Agreement
fulfill the orders of the Buyer in case of receipt of payment from the Buyer;
transfer the Goods to the Buyer according to the selected sample on the relevant page of the Website https://www.topperevod.com/, the placed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
notify the buyer of a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
4.2. The seller has the right:
unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
DFS Europe Sp. z o. o.
ul. Królewska 65a/1
or LIMITED LIABILITY COMPANY “CLUB OF SMART BUYERS”*
04112, Kyiv, st. Degtyarevskaya, 48, office 609-2.
address for correspondence: 04071, Kiev, lane Yaroslavsky 1/3.
TIN: 370 250 426 596
2600 206 074 09 69 in PJSC Commercial Bank “PrivatBank”
or a Business Entity from among the persons offering to purchase on the Website https://www.topperevod.com/ the Goods according to the unified agreed rules set forth in this public offer agreement.*
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged:
timely pay and receive an order on the terms of this Agreement;
read the information about the Product posted on the Website https://www.topperevod.com/;
upon receipt of the Goods from the person who delivered it, verify the integrity and completeness of the Goods by examining the contents of the package. In case of damage or incomplete packaging of the Goods, fix them in the act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
5.2. The buyer has the right:
place an order on the relevant page of the Website https://www.topperevod.com/;
require the seller to fulfill the terms of this Agreement;
to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6.1. The Buyer independently places an order on the corresponding page of the Website https://www.topperevod.com/ by adding the Goods to the virtual cart by clicking the “Add to cart!” button, or by placing an order by e-mail, or by phone number specified in contact section of the Website https://www.topperevod.com/.
6.2. The term for the formation of the Order is up to 2 working days from the moment of its registration. If the order is sent on a weekend or holiday, the formation period starts from the first working day after the holiday.
PRICE OF THE CONTRACT AND PROCEDURE OF PAYMENT
7.1. The price of each individual Goods is determined by the Seller and indicated on the relevant page of the Website https://www.topperevod.com/. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The buyer can pay for the order in the following ways:
1) by bank transfer of money to the current account of the Seller specified in the invoice, incl. using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place where the goods were ordered.
3) Credit card of the following type:
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for an order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for an order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. By clicking on the website page https://www.topperevo
d.com/ in the relevant section of the “ORDER” button means that the Seller has notified the Buyer of the possibility of charging an additional commission when the Buyer pays for European orders, the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards.
TERMS OF GOODS DELIVERY
8.1 The Buyer receives the Goods by delivery, or receives it personally. The procedure for payment and receipt is indicated on the corresponding page of the Website https://www.topperevod.com/.
8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, performed by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own signature in the consignment note, declaration of the Carrier Company, or in the delivery note upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address indicated by the Buyer in the application or the Buyer’s refusal to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipment shopping center. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The rest of the amount is returned to the Buyer on the basis of his letter sent to e-mail: firstname.lastname@example.org indicating the current account to which the funds should be returned.
All questions that arose in the process of payment and receipt of the Goods, the Buyer can find out by contact information in the Contacts section.
9.1. In accordance with Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange the Goods of good quality within fourteen days, not counting the day of purchase, unless a longer period is declared by the Seller. The Buyer has the right to exchange the Goods subject to the provisions of the law on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such a return is carried out in accordance with the “Return” section of the Site, taking into account the terms and conditions of the carrier or courier operating in Ukraine or in the territory of another country in accordance with the place of receipt of the Goods.
9.3. If at least one of the listed shortcomings is present, the Buyer is obliged to fix it in the drawn up act of any form. The act must be signed by the Buyer and the person who delivered the Goods or by the Seller. If possible, imperfections should be recorded by means of photography or video filming. Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing an order for the Goods) about the identified deficiencies and agree on the replacement of the Goods, while filling out the complaint form for the return of the Goods on the website https://www.topperevod.com/ .
9.4. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the receipt by the Buyer of the Goods in proper condition is recognized – without any mechanical damage and in full.
RESPONSIBILITIES OF THE PARTIES AND RESOLUTION OF DISPUTES
10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian legislation.
10.2. In the event of disputes related to the implementation by the Parties of this Agreement, with the exception of disputes regarding the collection of debts from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with the collection of debts from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its execution, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJOR EVENT
11.1. The Parties shall not be liable for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are really beyond the control of such a party that occurred after the conclusion of this Agreement, are unpredictable and inevitable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (as
overt and undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, maritime hazards and accidents, embargoes, catastrophes, government restrictions (including allocations, priorities, official requirements, quotas and price controls ), if these circumstances directly affected the execution of this Agreement.
11.2. The Party for which it has become impossible to fulfill obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other Party in writing.
Despite the onset of force majeure, before termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
OTHER TERMS AND CONDITIONS
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending promotional messages, etc.).
12.2. By own acceptance of the Agreement or registration on the Website https://www.topperevod.com/ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data with the following purpose: the data that becomes known will be used for commercial purposes , including for processing orders for the purchase of goods, obtaining information about the order, sending advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website https://www. .topperevod.com/.
For the purposes provided for in this paragraph, the Buyer 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 questionnaire.
12.3. The Buyer gives the right to process his personal data, including: placing personal data in databases (without additional notice about it), storing data for life, accumulating, updating, changing (as necessary). The Seller undertakes to ensure the protection of data 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 these purposes, as well as to the mandatory request of the competent state organ).
12.4. 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 promotional materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.