This offer is an official offer of the online store oniss.com.ua, on behalf of which LLC "Oniss" acts, hereinafter referred to as "Seller", to conclude an Agreement for the purchase and sale of goods remotely through the online store, hereinafter referred to as - "Agreement" and places the Public Offer (proposal) on the Seller's official website https://oniss.com.ua/ (hereinafter - "Website and/or Online Store").
This agreement is in the nature of a public offer, is the equivalent of an oral agreement and has due legal force.
Terms
1.1. This contract 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 the organization of purchase and sale remotely, i.e. through an online store.
1.2. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract, i.e. a public offer of an online store, is the fact of placing an order in accordance with Clause 4 of this Agreement and full payment of the order under the terms of this Agreement.
1.3. By concluding the Agreement, the Buyer confirms that he is fully and completely familiar with and agrees with its terms. If the Buyer is a natural person, by entering into this Agreement, he gives permission for the processing of his personal data, in order to enable the fulfillment of the terms of this Agreement, to carry out calculations, to receive invoices, 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 of the rights defined by the Law of Ukraine "On the Protection of Personal Data" and announced the purpose of data collection. The extent of the Buyer's rights as a subject of personal data in accordance with the specified Law is known and understood by him.
2. Terms and definitions
2.1. "Internet - shop" - the Seller's website, created for the conclusion of retail purchase - sale contracts on the basis of the Buyer's familiarization with the Product descriptions, photographs, videos, etc. offered by the Seller, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods (remote method of sale) of goods
2.2. "Product" - a list of names of the assortment presented in the online store.
2.3. "Personal data" is any information that directly or indirectly relates to a specific person or to an identifiable person.
2.4. "Significant defect of the Product" - a defect that makes it impossible or inadmissible to use the product in accordance with its intended purpose, caused by the manufacturer's (Seller's) fault.
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 and accept the goods under the terms of this contract.
3.2. This agreement regulates the purchase and sale in the online store, including:
a) voluntary choice by the Buyer of goods in the online store;
b) self-registration of the order by the Buyer on the website in the online store;
c) ordering by the Buyer using telephone means of communication or other means of communication (Viber, WhatsApp, etc.);
d) payment by the Buyer of the order made in the online store;
e) execution and transfer of ownership of the order to the Buyer under the terms of this contract.
4. Order registration procedure
4.1. The buyer independently places an order online in the online store or with the help of communication tools using the contacts specified in the online store. The Seller can provide assistance in registration, or change the order with the prior consent of the Buyer using communication tools or tools of the Internet site.
5. Price and payment procedure for the product
5.1. The full price of the product is indicated on the pages of the Seller's online store.
5.2. Prices for Goods and services may change depending on the Seller's costs and market conditions, which is reflected in the prices in the online store.
The Seller cannot change the price for a specific Buyer, if he has already accepted the Seller's terms and made payment for the Goods (services) in accordance with the procedure established by this contract.
5.3. The Buyer pays for the order within 2 working days by means of a bank transfer of money to the Seller's current account specified in the invoice, incl. using Internet banking. In addition, it is possible to pay to the Seller's card account, through LiqPay, in cash upon receipt of the order at the postal service or by other methods specified on the Seller's website.
6. Order delivery
6.1. Shipment of the goods to the Buyer takes place after receipt of full payment from the Buyer according to the invoice (notification) issued or generated by the website.
6.2. The Buyer receives the Goods by delivery service, or receives it personally.
6.3. The goods are delivered by a transport company (carrier) at the expense of the Buyer.
6.4. The cost of delivery to the Internet store is not indicated, as it depends on the current tariffs of the transport company (carrier).
6.5. When ordering wholesale batches, delivery terms and methods are agreed separately in each specific case.
6.6. The seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).
6.7. Payment of the delivery cost is made by the Buyer to the carrier company independently, upon receipt of the goods. The exact cost of delivery is determined by the carrier company upon delivery of the goods to the Buyer. Employees of the online store, at the request of the Buyer, can tell the Buyer the approximate cost of delivery for informational purposes only.
7. The procedure for exchanging and returning goods of appropriate quality
According to the "List of goods of proper quality, which are not subject to exchange (return)", the buyer can return or exchange food products only of improper quality.
8. Rights and obligations of the parties
8.1. The buyer is obliged to:
a) familiarize yourself with the information about the Product, which is posted on the Seller's website;
b) place an order on the website or by means of communication means in the online store;
c) timely pay and receive the order from the Carrier under the terms of this contract;
d) when receiving the goods from the carrier, make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damages and incomplete equipment, record them in the act, which must be signed by the carrier's employee together with the Buyer.
8.2. The buyer has the right to demand from the online store compliance with the terms of this contract.
8.3. The online store is obliged to:
a) comply with the terms of this contract;
b) deliver the goods to the Buyer in accordance with the selected description posted in the online store, the completed order and the terms of this contract;
c) the online store is not responsible and does not compensate for losses incurred by the Buyer due to the action or inaction of third parties.
8.4. The online store has the right to:
a) unilaterally suspend the provision of services under this Agreement in the event of a breach by the Buyer of the terms of this Agreement.
9. Procedure for receiving goods by the Buyer
9.1. When receiving the Goods at the warehouse of the carrier, from the courier or the Seller, the Buyer is obliged to check the external integrity of the packaging, after which to open it and directly verify the proper external condition of the Goods (absence of mechanical damage).
9.2. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record it in a deed of arbitrary form. The act must be signed by the Buyer and an employee of the carrier or the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods, while filling out the complaint form for the return of the Goods.
9.3. The parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the goods are recognized as received by the Buyer in proper condition.
10. Liability of the parties
10.1. The parties are responsible for non-fulfillment 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 case of force majeure, the parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unpredictable 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 citing force majeure must notify the other party of the occurrence of such circumstances in writing by e-mail within five calendar days.
10.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than five months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing.
10.5. The parties make maximum efforts 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.
11.2. The online store was 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 the order.
11.5. Payment by the Buyer of the order made in the Internet store means the Buyer's full agreement with the terms of the Purchase and Sale Agreement (public offer of the Internet store) and is the date of conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.
11.6. The use of the Internet store resource to view the product, 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 exclusively for the purpose of functioning of the online store (sending a message to the Buyer about order fulfillment, sending advertising messages, etc.).
11.8. By accepting the Agreement or registering on the website (filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data in the registered database of the Seller "Clients" 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 of communication (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the activities of the store. For the purposes provided for in this point, 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 phone number indicated in the application form.
11.9. The Buyer gives the Seller the right to process his personal data, including: to place personal data in the Buyer's databases (without additional notification to the Participant about this), to carry out lifelong data storage, their accumulation, update, change (as necessary). The Buyer 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 carry out direct data processing for the specified purposes, as well as at the mandatory request of a competent state body).
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.
11.11 If it is impossible to eliminate them, the parties have the right to apply for judicial protection of their interests.
12. Term of validity of this contract
12.1. This agreement enters into force from the day of placing an order or registration in the online store and is valid until all terms of the agreement are fulfilled.