Terms & Conditions
1. TERMS AND CONCEPTS. GENERAL PROVISIONS
1.1. For the purposes of this public contract of sale, the following terms are used in the following meaning.
1.1.1. The Agreement is a public sale and purchase agreement according to which the Seller agrees to sell the Goods to an indefinite circle of Buyers who contact him using remote communications (Internet) through the Gorillas BBQ online store located on the website: gorillasbbq.com Conclusion of the agreement the purchase and sale of Goods is carried out in electronic form on the conditions specified by the Seller.
1.1.4. Seller - individual - entrepreneur Romanchenko Denys, date and number of the record on state registration of an individual entrepreneur: date 03.11.2020 number 2001030000000110577. Address for correspondence and acceptance of any proposals, appeals, complaints: 69002, Zaporizhzhya, Shkilna str. 32 , room 114, Gorillas BBQ store.
1.1.5. Buyer - any capable individual, in accordance with the current legislation of Ukraine, which, in accordance with the procedure provided for by this Agreement, by its own will, has fully accepted (accepted) all its conditions without exception with the aim of acquiring the Goods for personal, home or other use related to entrepreneurial activity.
1.1.6. Acceptance - execution by the Buyer of an action aimed at accepting the terms of this Agreement.
1.1.7. Order - duly executed and placed using the website the Buyer's request for the purchase of the goods selected by him.
1.1.8. Recipient of the Goods - any competent individual, in accordance with the current legislation of Ukraine, defined by the Buyer in the relevant orders for goods as the recipient of the goods.
1.2. For the purposes of this Agreement, all specified in clause 1.1. of this Agreement, the terms are used exclusively in the meaning stipulated in clause 1.1. of this Agreement, regardless of the use of these terms in the singular or plural, or in other grammatical forms, cases and / or constructions.
1.3. All other terms, not separately defined in this Agreement, are perceived and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject of this Agreement. 1.4. General Provisions 1.4.1. This Agreement is a public offer of the Seller addressed to an indefinite number of persons and contains all the essential conditions for concluding an electronic contract for the sale of Goods under the conditions specified below.
1.4.2. By acceptance, the Buyer confirms his full and unconditional consent to all the provisions and rules of this Agreement without any exceptions and restrictions, and confirms that he was familiar with it before he could commit the acceptance. 1.4.3. The fact that the Order takes is confirmed by the buyer received in the email address indicated by him at registration, the seller’s email, which contains the confirmation of receipt and further execution of the Order.
2. SUBJECT OF THE AGREEMENT 2.1. In the manner and on the terms established by this Agreement, the Seller undertakes to transfer the goods selected by him to the Buyer's property, and the Buyer undertakes to accept and pay for the Goods in the manner and on the terms established by this Agreement. 2.2. The ownership of the goods passes to the Buyer at the time of delivery (transfer) of the Goods and subject to the full payment by the Buyer of the cost of the Goods in the manner and on the terms established by this Agreement.
3. CHOICE OF GOODS AND ORDER OF CONCLUSION OF THE AGREEMENT
3.1. The buyer independently and at his discretion chooses on the Site in the online store there is and is offered to sell goods and:
• clicks the "Add to Cart" button and independently fills out and sends the "Ordering" form to the Seller, in which, in particular, he must indicate his surname, first name and middle name, his contact phone number, email address, chosen payment method, chosen method and desired location delivery of the Goods (in case the Buyer wishes to receive the goods with delivery), surname, name and patronymic of the recipient of the Goods (in the event that the Goods will be received by the Recipient of the Goods),
• ili nazhimayet knopku «Kupit' v odin klik», i samostoyatel'no zapolnyayet i napravlyayet Prodavtsu formu «Kupit' v odin klik», v kotoroy, v chastnosti obyazatel'no ukazyvayet svoy kontaktnyy telefon, adres elektronnoy pochty.
3.2. Posle zapolneniya formy «Oformleniye zakaza», ili «Kupit' v odin klik» Pokupatel' obyazatel'no vnimatel'no znakomitsya so vsemi usloviyami nastoyashchego Dogovora, i v sluchaye prinyatiya (aktsepta) etikh usloviy v polnom ob"yeme - nazhimayet knopku «Prodolzhit'», ili «Zakazat'» , chto schitayetsya faktom napravleniya Pokupatelem sootvetstvuyushchego Zakaz na vybrannogo tovara.
• or presses the “Buy in one click” button, and independently fills out and sends the Seller a “Buy in one click” form, in which, in particular, he must indicate his contact phone number, email address.
3.2. After filling out the “Place an order” or “Buy in one click” form, the Buyer must carefully read all the terms of this Agreement, and if they accept (accept) these conditions in full, click the “Continue” or “Order” button, which It is considered the fact that the Buyer sends the corresponding Order for the selected product.
3.3. This Agreement is considered concluded, and the Seller’s proposal to conclude an Agreement (offer) is fully accepted (accepted) by the Buyer from the moment the Buyer clicks the Continue or Order button using the information system of the website: gdcashmere.com
3.4. By clicking on the “Continue” or “Order” button, the Buyer confirms that he is familiar with all the terms of this Agreement by the time of the acceptance, confirms his full and complete agreement with all the terms of this Agreement, without exception, including the terms of delivery and payment goods at the prices indicated on the Website of the Online Store as of the date the Buyer concludes this Agreement.
3.5. By clicking on the “Continue” or “Order” button, the Buyer confirms that he is in a convenient and accessible way for him in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine “On Protection of Consumer Rights” to the Seller about:
• name of the seller, his location and procedure for accepting the claim;
• main characteristics and consumer properties of the Goods selected by the Buyer;
• cost of the goods chosen by the Buyer;
• the method, procedure and conditions of payment and delivery of the Goods selected by the Buyer;
• Warranty obligations of the Seller and other services related to maintenance or repair selected by the Buyer of the Goods (if any);
• the warranty period and the service life chosen by the Buyer of the Goods, the mandatory conditions for the use of the Goods and possible consequences if they are not fulfilled;
• the period of acceptance of the proposal (offer) to conclude this public contract
• procedure for termination of this Agreement;
• other conditions on which No in is offered for sale.
3.6. By clicking on the “Continue” or “Order” button, the Buyer confirms that he has received all necessary, affordable, reliable, to the order (purchase) of the Goods in full and in accordance with the requirements of Article 15 of the Law of Ukraine “On Protection of Consumer Rights” and timely information about the Product chosen by him, fully ensured the possibility of a conscious and competent choice of this product.
3.7. The Buyer clicking on the “Continue” or “Order” button is considered unconditional and full acceptance by the Buyer of all the conditions of this Agreement without exception, as well as entry into the relevant contractual relationship with the Seller on the basis of this Agreement.
3.8. In cases stipulated by the current legislation of Ukraine, this Agreement is concluded in writing.
3.9.The line of processing and execution by the Seller of orders for goods sent by the Buyer to the buyer is up to 1 (one) business day from the date of filling and sending by the Buyer in the manner established by clause 3.1.-cl. 3.2. of this Agreement, the forms of such orders for goods. In the event that the specified Order for the Goods was sent by the Buyer on a weekend or holiday, the processing and execution of this Order for goods begins on the first working day after the weekend or holiday.
3.10. Orders for goods filled and sent by the Buyer in the manner prescribed by clause 3.1.-cl. 3.2. of this Agreement, drawn up by the Seller on the corresponding form (paper) in two copies. The first copy of the completed form for orders for goods is transferred by the Seller to the Buyer or Recipient of the Goods along with the ordered goods at the time of its delivery (transfer), the second is signed by the Buyer or Recipient of the Goods and remains with the Seller.
3.11. By extension of the period established by clause 3.9. of this Agreement, the Seller agrees to assign a serial number sent by the Buyer to orders for goods;
3.12. The Buyer has the right, having notified the Seller about this, to unilaterally withdraw from the Agreement during the entire period from the moment of its conclusion (acceptance by the Buyer of the seller’s offer) until the actual receipt of the ordered goods.
4. RIGHTS AND OBLIGATIONS
4.1. The buyer has the right:
4.1.1. demand from the seller the full and proper implementation of the terms of this Agreement;
4.1.2. to refuse to accept and pay for low-quality or incomplete Goods or Goods does not correspond to the submitted Order for this goods;
4.1.3. in the event that, during the specified warranty period, significant defects of the Goods are discovered that have occurred due to the seller’s fault, either terminate this Agreement or require the exchange (replacement) of the purchased Goods for the same Goods of good quality or for another similar Product, it is offered for sale in the online store on the Site ;
4.1.4. refuse this Agreement in the manner and in the cases provided for by this Agreement and the current legislation of Ukraine;
4.1.5. terminate this Agreement in the manner and in cases provided for by this Agreement and the current legislation of Ukraine; 4.1.6. in case of termination or refusal of this Agreement, require the seller to return the money paid for the Goods; 4.1.7. to exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine. 4.2. The buyer agrees:
4.2.1. to properly and fully fulfill all its obligations under this Agreement;
4.2.2. Before concluding this Agreement, carefully familiarizing yourself with its contents and terms, as well as familiarizing yourself with the cost of the Goods, is proposed for sale in the online store on the Site, by the methods and procedure for its payment;
4.2.3. Before concluding this Agreement, carefully read the cost and methods of delivery of the Goods, which are posted on the page "Payment and Delivery" on the Website of the Online Store; 4.2.4. in the manner and under the conditions established by this Agreement to accept the ordered high-quality and complete goods;
4.2.5. in time, in the manner and under the conditions established by this Agreement, pay the cost of the ordered Goods;
4.2.6. during the warranty period, save the relevant settlement document (receipt, goods receipt or cash receipt) confirming the sale (transfer) of the Goods;
4.2.7. to fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
4.3. The seller has the right:
4.3.1. depending on market conditions, periodically review and change the cost of the Goods offered for sale on the Website in the Online Store;
4.3.2. conduct sales and offer promotional offers that provide for a temporary opportunity to purchase the goods on more favorable terms than usual;
4.3.3. to exercise other rights provided for by this Agreement and the norms of the current legislation of Ukraine.
4.4. Seller agrees:
4.4.1. to properly and fully fulfill all its obligations under this Agreement and the norms of the current legislation of Ukraine;
4.4.2. provide the Buyer with complete and accurate information about the product and its value by posting this information on the Website of the Online Store;
4.4.3. provide the Buyer with complete and accurate information about the cost and methods of delivery of the Goods by posting this information on the Website of the Online Store;
4.4.4. in time, in the manner and under the conditions established by this Agreement, to ensure the delivery of the goods ordered by the Buyer to the place indicated by the Buyer and thus selected by the Buyer in he corresponding Order for such goods;
4.4.5. in time, in the manner and under the conditions established by this Agreement, to ensure the transfer (delivery) to the Buyer or Recipient of the Goods ordered by the Buyer of high-quality and complete Goods in appropriate packaging, as well as to transmit with the Goods the documents specified in this Agreement;
4.4.6. adhere to the full and unconditional fulfillment of warranty obligations contained on the page "Warranty obligations" on the Website of the Online Store;
4.4.7. in case of termination of this Agreement within the time period established by this Agreement and the norms of the current legislation of Ukraine, return to it the funds paid for the Goods on time, in the manner and on the terms established by this Agreement;
4.4.8. not to disclose information about the Buyer's personal data that became known to the seller in connection with the processing of the Order;
4.4.9. to fulfill other obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
5. PRODUCT COST AND PAYMENT PROCEDURE
5.1. The cost of the goods is offered for sale in the online store, is given on the corresponding page of the site and is established in the manner prescribed by the current legislation of Ukraine.
5.2. The cost of the goods is offered for sale in the online store, includes all taxes, fees and any other, including non-tax payments.
5.3. The seller has the right to conduct seasonal or any other types of sales. The goods are offered for sale in the online store on the Site (hereinafter - the Sale).
5.4. The Seller has the right to offer buyers to purchase several Products at once or a combination of them, and also to offer customers, in case of purchase of a specific Product defined by the Seller, to purchase another Product defined by the Seller at a reduced cost (hereinafter - Promotional Offers). Moreover, the Seller on the Website of the Online Store must additionally note the following information:
• the content and cost of the Promotion, and in the case of an offer, the purchase of several Products at once or their combination for the same price - the cost of such Products for each separately;
• conditions for acceptance of the Promotion, in particular the period for its adoption, as well as any restrictions regarding its adoption, including restrictions on the number of Goods offered for purchase under uch conditions.
5.5. The cost of the Goods ordered by the Buyer is equal for this Buyer to the cost of this Goods indicated on the Website of the Online Store at the time this Buyer concludes this Agreement (acceptance by the Buyer of the seller’s offer). The total cost of the Order is determined by adding up the cost of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the cost of the Order.
5.6. From the moment the Buyer concludes this Agreement (the Buyer's acceptance of the seller’s offer), the Seller has not
has the right in any way and under no circumstances to change or in any other way to view for this Buyer the cost of the Goods ordered by him, as well as the cost of its delivery.
5.7. By filling out the “Ordering” form, the Buyer, at his discretion, selects one of the payment methods specified in the “Payment and Delivery” section on the Website of the Online Store, including the cost of delivery (if the Buyer ordered the goods with delivery), or transfers this data when placing goods through the “Buy in one click” form, to the Seller’s employee in telephone mode. The buyer can pay the cost of the order in the following ways:
• Using your own payment card on the Site using the technical means provided by the relevant legal entity performing the functions of an Internet acquirer on the basis of an appropriate agreement with the Seller.
• Payment by a payment card is possible if it is provided for by the site’s functionality at the time of registration of the Goods (Order)
• Immediately upon receipt of the Goods (Order), if the Buyer has chosen pickup from the store.
• At the New Mail office, if you selected mail delivery and return delivery.
5.8. Failure by the Buyer to fulfill his obligations to pay for the Goods ordered by him is deemed to be a unilateral refusal of the Buyer from this Agreement in full, which, accordingly, entails the termination in full of all seller’s obligations arising from the Buyer's acceptance of the seller’s offer to conclude this Agreement.
5.9. All payments under this Agreement are carried out exclusively in the national currency of Ukraine.
6. DELIVERY AND DELIVERY (TRANSFER) OF THE GOODS
6.1. If the Buyer ordered the goods without delivery, he can independently receive the ordered Goods at the Seller's address specified in the "SHOPS" section on the Website of the Online Store. 6.2. If the Buyer ordered the goods with delivery, the Seller undertakes to deliver the goods to the Buyer, but in any case no later than 30 (thirty) calendar days from the date the Buyer concludes this Agreement (the Buyer's acceptance of the seller’s offer). 6.3. Delivery of the Goods is carried out by the Seller in the manner and to the place specified by the Buyer in the relevant orders for goods.
6.4. The Recipient of the Goods ordered by the Buyer is the Buyer or Recipient of the goods.
6.5. The cost of delivery of the goods ordered by the Buyer is determined depending on the place and method of delivery specified by the Buyer in the relevant orders for goods.
6.6. Information on the cost and possible methods of delivery of the Goods (an integral part of this Agreement) is contained on the corresponding page "Payment and Delivery" on the Website of the Online Store.
6.7. Delivery of the goods ordered by the Buyer is carried out using couriers and delivery services engaged by the Seller on a partnership basis, depending on the place and method of delivery determined by the Buyer in the relevant goods orders.
6.8. The list of couriers and delivery services attracted by the Seller on a partnership basis (an integral part of this Agreement) is contained on the Website of the Online Store.
6.9. Delivery and delivery (transfer) of the ordered Goods by means of the delivery service of New Post LLC is carried out under this Agreement, taking into account the specific conditions of cargo delivery established by New Post LLC.
6.10. The goods are handed over (transferred) to the Buyer or Recipient of goods in packaged form.
6.11. Together with the Goods, the Seller undertakes to transfer to the Buyer or Recipient of the Goods:
• one copy of the form for orders for goods sent by the Buyer in the order established by clause 3.1.-clause 3.2 was executed by the Seller in accordance with the requirements of the current legislation of Ukraine. actual agreement;
• the corresponding settlement document of the established form (receipt, commodity or cash receipt) with a mark on the date of sale (date of transfer) of the Goods;
• instructions for the care of the Goods.
6.12. Delivery (transfer) of the ordered Goods to the Buyer or Recipient of the Goods is carried out under the following conditions:
• payment by the Buyer of one hundred percent of the cost of such Goods in the manner and on the conditions established by this Agreement;
• presentation by the Buyer or the Recipient of the Goods of a document proving his identity;
• the signing by the Buyer or the Recipient of the Goods of the second copy of the orders issued by the Seller for goods sent by the Buyer in the manner established by clause 3.1.-clause 3.2. actual agreement.
6.13. At the time of delivery (transfer) of the ordered Goods to the Buyer or Recipient of the Goods, the Seller or couriers and delivery services involved in the delivery of such Goods in partnership with the Buyer, in the presence of the Buyer, check the compliance of the Goods with the Order for this Product sent by the Buyer in the manner established by clause 3.1 .-p. 3.2. actual agreement.
6.14. If the ordered product does not correspond to the order sent by the Buyer for this product or the product is of poor quality, incomplete has some drawbacks, the Buyer has the right to choose:
• or withdraw from this Agreement;
• or require the exchange (replacement) of this Product for the same Product of good quality in accordance with the orders sent by the Buyer for goods or for another similar Product from among the Goods available on the Internet store.
6.15. If the ordered Goods are of high quality, complete and fully comply with the relevant order sent by the Buyer for this Product, the Buyer or Recipient of the Goods signs:
• the second copy of the Orders for goods form and transfers it to the seller
• or a document of the established form involved by the Seller on a partnership basis of the delivery service.
6.16. The signature of the Buyer or Recipient of the Goods on the second copy of the Order for the Goods form is an unconditional confirmation of the following facts:
• receipt of the ordered Goods by the Buyer or Recipient of the Goods;
• compliance of the ordered Goods sent by the Buyer with an order for this product;
• the Buyer has no complaints about the quality and completeness of the ordered goods.
6.17. The risk of accidental destruction, loss or damage to the ordered Goods passes to the Buyer from the moment of delivery (transfer) of the Goods to the Buyer or Recipient of the goods.
6.18. This Agreement is deemed to be executed at the time of delivery (transfer) to the Buyer or Recipient of the Goods ordered by the Buyer of the complete Goods of good quality, fully consistent with the Order or this product sent by the Buyer.
6.19. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods is high-quality, complete and fully corresponds to the Order for this product sent by the Buyer and / or the refusal of the Buyer or the Recipient of the Goods to sign the second copy of the completed form. The order for this Product is considered to be a unilateral refusal of the Buyer from this Agreement in full , which, accordingly, entails the termination in full of all obligations of the seller arising from the acceptance by the Buyer of the seller’s offer to conclude enii of D says, except the obligations to repay the funds paid by the Buyer for the Goods (if such funds have been paid).
7. GOOD QUALITY, WARRANTY
7.1. The seller undertakes to transfer to the Buyer the goods of good quality ordered by him, suitable for use for the purpose for which such goods are usually used. 7.2. The quality of the Goods must comply with he requirements established for such a category of Goods in the relevant regulatory legal acts and regulatory documents.
7.3. The Seller ensures the proper use by the Buyer of the Goods purchased by him during the warranty period established by the regulatory legal acts, regulatory documents and warranty obligations (an integral part of this Agreement) contained on the “Warranty obligations” page on the Website of the Online Store.
7.4. The warranty period begins on the date of delivery (transfer) of the ordered Goods to the Buyer.
7.5. The warranty period for seasonal goods (kitchen accsissories and other products) is calculated from the beginning of the corresponding season established by the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 “On the implementation of certain provisions of the Law of Ukraine“ On Protection of Consumer Rights ”. 7.6. When the Buyer exchanges Goods of good quality or exchanges (replaces) the Goods with significant defects by the Buyer, his warranty period shall be re-calculated from the date of exchange of the Goods of good quality or from the day of exchange (replacement) of the Goods with significant defects.
7.7. The warranty period is extended by the period of the Seller's implementation of gratuitous elimination of defects in the goods. The indicated period is calculated from the day when the Buyer handed over the goods to the Seller to eliminate its defects.
7.8. In the event that during the specified warranty period, defects of the purchased Goods are identified, the Buyer has the right to demand:
• a commensurate reduction in the purchase price of the Goods;
• gratuitous elimination of defects of the Goods; • reimbursement of expenses for the elimination of defects in the goods.
7.9. If the Buyer submits a request for the gratuitous elimination of the defects of the Goods, such defects must be eliminated by the Seller within 14 (Fourteen) days from the date of receipt of the goods with efects to the Seller or at another time by mutual agreement of the seller and the buyer.
7.10. In the event that during the specified warranty period, defects of the purchased Goods are revealed, the Buyer has the right to present to the seller one of the requirements provided for in clause 7.8. of this Agreement, and in case of its failure to state another requirement, is also contained in the list of clause 7.8. actual agreement.
7.11. In the event that during the established warranty period, significant defects of the Goods (by definition of this term in the Law of Ukraine "On Protection of Consumer Rights") that arose due to the fault of the seller or if facts of falsification of the goods are confirmed, if necessary, confirmed by an expert opinion, are identified, the Buyer has the right to choose :
• terminate this Agreement with a full refund of money paid for the goods;
• require the exchange (replacement) of a Product with significant defects or falsified goods for the same goods of good quality or for another similar Product, from among the Goods available for sale with an ppropriate recalculation of the cost of the Goods in accordance with the current legislation of Ukraine.
7.12. Clause 7.8 is provided. and clause 7.11. The requirements of this Agreement are considered by the Seller upon presentation by the Buyer of the relevant settlement document of the established form (receipt, commodity or cash receipt) with a mark on the sale date (date of transfer) of the goods.
7.13. Clause 7.8 is provided. and clause 7.11. of this Agreement, the Buyer's requirements shall not be satisfied if the seller proves that the defects of the goods arose as a result of the Buyer's violation of the rules for using the Goods or the conditions of their storage.
8. EXCHANGE AND REPLACEMENT OF GOODS
8.1. The buyer has the right, within the time period established by the current legislation of Ukraine, to exchange Goods of good quality for similar goods from the seller, if the goods did not satisfy them in shape, dimensions, style, color, size or for other reasons cannot be used by them for their intended purpose.
8.2. An exchange of Goods of good quality is carried out if it has not been used and if its presentation, consumer properties, seals and labels, as well as a settlement document issued to the Buyer along with the goods sold, have been preserved.
8.3. The list of Goods not subject to exchange and return on the grounds specified in clause 8.1. of this Agreement, approved by the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 “On the implementation of certain provisions of the Law of Ukraine“ On Protection of Consumer Rights ”.
8.4. The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant deficiencies is carried out by the Seller on the basis of a written application from the Buyer, delivered personally to the seller’s representative or sent to the Seller’s address indicated in the “Contact Us” section of the Online Store Website.
8.5. The Buyer's requirements for the exchange of Goods of good quality, as well as the Buyer's requirements for the exchange (replacement) of the Goods with significant deficiencies, if the Seller has the Goods necessary for the exchange or replacement, are subject to immediate satisfaction by the Seller, but in any case no later than 14 (fourteen) working days from the date of receipt from the Buyer specified in clause 8.4. of this Agreement statement.
8.6. The exchange of the Goods of good quality, as well as the exchange (replacement) of the Goods with significant deficiencies is carried out by the Seller if the Buyer has the appropriate payment document in the established form (receipt, goods receipt or cash receipt) confirming the sale of the Goods to the Buyer, with a mark on the sale date (date of transfer) of the goods .
8.7. If, at the time of the Buyer's appeal to the Seller with the requirement to exchange the Goods of good quality for other similar goods, the Buyer needs to not be available for sale in the Internet store to exchange the goods, the Buyer has the right:
• or exchange the purchased Goods for any other goods from among the Goods available for sale in the online store with the appropriate recalculation of the cost of the Goods in accordance with the current legislation of Ukraine; • or terminate this Agreement in the manner prescribed by section 9 of this Agreement. • or exchange the goods received for other similar goods when they first go on sale in the online store. In this case, the Seller undertakes to inform the Buyer on the day of the receipt of such Goods on sale.
9.3. This Agreement is considered terminated upon receipt by the Seller of the Buyer’s message about the termination of the Agreement and / or the Buyer's application for the return of funds paid for the Goods.
9.4. In order to exercise its right to terminate this Agreement, the Buyer must necessarily save and present to the seller the relevant payment document of the established form (receipt, goods receipt or cash receipt) confirming the purchase of the Goods, with a note on the sale date (date of transfer) of the goods.
9.5. Termination by the Buyer of this Agreement entails the return of the purchased (received) Goods to the Seller in the manner prescribed by section 10 of this Agreement.
10. RETURN OF GOODS
10.1. Upon receipt of the Goods from the courier of the carrier or seller, the buyer or recipient of the goods is obliged to check the external integrity of the package, then open it and directly verify the proper external condition of the Product (no mechanical damage) and its completeness.
10.2. In the event of the presence of at least one of the listed deficiencies, the Buyer or Recipient of the Goods is obliged to fix it in the folded Act of arbitrary form. The act must be signed by the Buyer and the person who delivered the goods. If possible, deficiencies should be recorded by means of photo or video. After signing the Act on the identified deficiencies, the Goods are returned to the person who delivered the Order.
10.3. In case of termination of this Agreement by the Buyer, in case of exchange of the Goods of good quality or exchange (replacement) of the Goods with significant defects, the Buyer can also return the goods to the seller at his address indicated in the "Contact Us" section on the Website of the Online Store.
10.4. The return of the Goods must occur by the Buyer in the original packaging in which he or the recipient of the goods received this partner.
10.5. The returned product must meet the following requirements: it was not used, its presentation, consumer properties, seals and labels, as well as a settlement document issued to the Buyer along with the goods sold, were preserved.
10.6. Non-refundable goods, the list of which is defined in Appendix No. 3 of the Cabinet of Ministers of Ukraine Resolution No. 172 of March 19, 1994 “On the implementation of certain provisions of the Law of Ukraine“ On Protection of Consumer Rights ”.
11. The procedure for the return of funds paid for GOODS
11.1. Refunds paid by the Buyer for the Goods are carried out by the Seller on the basis of a written application of the Buyer / his duly authorized representative, handed personally to the seller’s representative or sent to the Seller’s address indicated in the "Contact Us" section of the Online Store Website.
11.2. To the one specified in clause 11.1. Statements by the Buyer must be attached:
• the corresponding settlement document of the established form (receipt, commodity or cash receipt) confirming the purchase of the Goods, with a mark on the date of sale (date of transfer) of the Goods;
11.3. The return to the Buyer / his duly authorized representative of the money paid for the Goods is carried out by the Seller in one of the following ways, depending on the method of delivery and delivery of such Goods, as well as the payment method for the Goods:
• transferring the corresponding amount of funds to an account opened by the Buyer at a bank institution, including a card account indicated by the Buyer in the application specified in clause 11.1. actual agreement;
• or giving the Buyer the appropriate amount of cash in cash from the seller’s cash desk at the address indicated in the “SHOPS” section of the Website of the Online Store.
11.3.1. In case of cash payment for the Goods, if the delivery and delivery of the goods was carried out using couriers and delivery services involved by the Seller on a partnership basis:
• transferring the corresponding amount of funds to an account opened by the Buyer at a bank institution, including a card account indicated by the Buyer in the application specified in clause 11.1. actual agreement; • or giving the Buyer the appropriate amount of cash in cash from the seller’s cash desk at the address indicated in the “SHOPS” section of the Website of the Online Store.
11.3.2. In case of non-cash payment by using the service "Payment by card on the site":
• transfer of the corresponding amount of money to the Buyer's account from which payment for the Goods was made.
11.3.4. In case of non-cash payment of the Goods by bank transfer by the Buyer of the corresponding amount of funds equal to the value of the Goods to the seller’s current account:
• by transferring the appropriate amount of money equal to the value of the Goods to the Buyer's bank account.
11.4. In specified in clause 11.1. of this Agreement, the Buyer must indicate in which of those specified in clause 11.3. of this Agreement, he wishes to receive a refund of the money paid by him for the Goods.
11.5. In the event that specified in clause 11.1. of this Agreement, the Buyer has not chosen any of the specified in clause 11.3. ways of returning the money paid to him for the Goods, or if the account opened at the bank’s institution for performing the specified settlements with him was not indicated, it is believed that the Buyer wished to receive the appropriate amount of cash in cash from the seller’s cash desk at the address indicated in the “SHOPS” section on the Internet Site - the store.
11.6. The return of funds paid by the Buyer for the Goods is carried out by the Seller provided that the Buyer returns such Goods in the manner prescribed by section 10 of this Agreement.
11.7. Refund of funds paid by the Buyer for the Goods, on the basis of Art. 9, 13 of the Law of Ukraine "On Protection of Consumer Rights", shall be carried out no later than 7 (Seven) days from the date of receipt from the Buyer specified in clause 11.1. of this Agreement statement.
11.8. If the Buyer terminates this Agreement, the Buyer refuses this Agreement, the Buyer exchanges the Goods of good quality, exchanges (replaces) the Goods with significant defects, the cost of the Goods is recalculated in cases stipulated by the current legislation of Ukraine.
11.9. When the Buyer exchanges Goods of good quality and exchanges (replaces) the Goods with significant defects for other goods by the Buyer, the seller settles with him in the manner provided for in Section 11 of this Agreement.
12. RESPONSIBILITY AND ORDER OF DISPUTES RESOLUTION
12.1. For violation of its obligations under this Agreement, the Seller is responsible in accordance with the current legislation of Ukraine.
12.2. The seller is relieved of liability for full or partial failure to fulfill his obligations under this Agreement if such failure was the result of force majeure circumstances (force majeure).
12.3. For the purposes of this Agreement, force majeure refers to external and extraordinary events that did not exist at the time of the conclusion of this Agreement and occurred regardless of the will of the seller, provided that the Seller could not anticipate the onset of such circumstances or prevent their occurrence by means of which fair to demand and expect.
12.4. Force majeure circumstances are recognized, including, but not limited to: earthquakes, fires, floods, epidemics, epizootics, pollution by radiation or any nuclear source, transport disasters, military operations, uprisings, riots, revolutions, strikes, terrorist acts, social conflicts , decisions of state authorities and local authorities, blockades, embargoes, international sanctions and the like.
12.5. In the event that the Seller loses the ability to fulfill its obligations under this Agreement due to force majeure circumstances, the Seller undertakes to immediately inform the Buyer about the occurrence, type and possible duration of events that impede the proper fulfillment of obligations under this Agreement within 5 (Five) business days from day of occurrence of such circumstances.
12.6. All disputes and disagreements arising between the Buyer and the Seller regarding the exercise by them of their rights and the fulfillment by them of their obligations under this Agreement are resolved through negotiations.
12.7. If agreements are reached on the subject of the dispute through negotiations, all disputes and disagreements between the Buyer and the Seller regarding the exercise of their rights and the fulfillment by them of their obligations under this Agreement are settled in a judicial procedure established by the current legislation of Ukraine.
13. OTHER CONDITIONS
13.1. This Agreement is a public agreement (offer) for the retail sale of the Goods at a distance using remote communications (Internet) through the GD CASHMERE Online Store.
13.2. The period of acceptance of the proposal (offer) on the conclusion of this public contract is established from the date of its publication on the Website of the Online Store and until December 31, 2022 inclusive.
13.3. Revocation or amendment of the terms of the offer (offer) on the conclusion of the total public contract, as well as a change in the terms of this public contract, may be carried out by the Seller at any time without additional warning to the Buyer.
13.4. The revocation or amendment of the conditions of the proposal (offer) on the conclusion of this public contract, as well as the amendment of the terms of this public contract, cannot be the basis for:
• any review or change of conditions or termination of contracts that have already been concluded by the Seller with the Buyers under the terms of this public contract;
• refusal of the seller to assume obligations under contracts that have already been concluded with buyers under the terms of this public contract.
13.5. The terms of the offer (offer) to conclude this public contract, as well as the terms of this public contract, are the same for all Buyers.
13.6. The offer (offer) of the Seller to conclude this public contract is deemed to be accepted by the Buyer in full from the moment the Buyer concludes this public contract in the manner prescribed by clause 3.3. actual agreement.
13.7. The conclusion of this public contract (the Buyer's acceptance of the seller’s offer) is considered unconditional and full acceptance by the Buyer of all the conditions of this public contract without exception, including the essential conditions, as well as the entry into the relevant contractual relationship with the Seller.
13.8. Confirmation of the conclusion of this public contract is specified in clause 3.11. of this public contract, the Seller sent the Buyer an automatic electronic message about the processing of orders for goods.
13.9. The information on the product offered for sale in the online store on the terms of this public contract is correct, as well as the information specified in clause 3.5. of this Agreement is contained on the Website of the Online Store.
13.10. Invalidation, void or null and void of certain conditions of this public contract does not entail the recognition of any other conditions of this public contract null, void or null and void.
13.11. By concluding this public contract, the Buyer provides his full full and unlimited consent to receive from the seller via SMS, email, social networks, etc. informational messages about the news of the online store, as well as about promotional offers and sales of goods held by the seller in the online store. At the same time, the Buyer has the right at any time to refuse to receive the indicated informational messages by filling out an electronic form on the refusal to receive informational messages of the Seller on the Website of the Online Store, or to indicate his refusal to receive the indicated informational messages when filling out the “Ordering” form.
13.12. By filling out the "Ordering" form and / or by completing the registration procedure on the Website of the Online Store, the Buyer provides his full and unlimited consent to: • entry by the Seller (the owner and manager of the personal database) into the Buyers personal database of information provided by the Buyer, including information, in accordance with the current legislation of Ukraine is considered personal
distribution by the Seller of information about the Buyer, including information, in accordance with the current legislation of Ukraine, is considered personal data to third parties, including couriers and delivery services involved by the Seller, only for the purposes provided for in clause 13.13. actual agreement;
• Distribution by the Seller of information about the Buyer, including information, in accordance with the current legislation of Ukraine is considered personal data, in cases directly provided for by the current legislation of Ukraine.
13.13. By filling out the "Ordering" form and / or completing the registration procedure on the Website of the Online Store, the Buyer provides his full and unlimited consent to the processing and use by the Seller of information about the Buyer, including information, in accordance with the current legislation of Ukraine is considered personal data, exclusively for the following purposes: • for the purpose of registration and identification of the Buyer in the online store; • in order to restore the Buyer's registration password in the online store;
• for marketing purposes, namely: the Buyer's message via SMS, email, social networks, etc. about the news of the Online Store, Promotional offers and Sales of Goods held by the Seller in the Online Store, analyzing the consumption market of the Goods, determining the circle of potential Buyers, determining the needs of potential Buyers in the goods offered for sale and the like;
• for the purpose of conscientious fulfillment by the Seller of his contractual obligations to the Buyer, including obligations for the delivery of the Goods; • for the purpose of fulfilling by the Seller the requirements of the current legislation of Ukraine, including legislation on the protection of consumer rights. 13.14. The Buyer's personal data is processed in accordance with the Law of Ukraine of June 01, 2010 No. 2297-VI “On the Protection of Personal Data”.
13.15. The legal relations arising from this public contract are covered by the provisions of Article 633 of the Civil Code of Ukraine, the Law of Ukraine “On Protection of Consumer Rights”, the Law of Ukraine “On Electronic Commerce”, the Rules for the sale of goods to order and outside commercial or office premises, approved by the Order of the Ministry the economy of Ukraine from 04.19.2007. No. 103. 13.15. For all issues that are not reflected in this public contract, the Parties are guided by the norms of the current legislation of Ukraine.
