Offer agreement

This Agreement is a public agreement — a public offer agreement, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of status (individual, legal entity, individual — entrepreneur). With full agreement with this Agreement, the buyer accepts the conditions and procedure for placing an order, payment for goods, delivery of goods. This Agreement is an agreement between the Buyer and (bartbag.com.ua online store) (hereinafter referred to as the «Seller») and any legal entity, individual entrepreneur or individual, user of the online store services, referred to in hereinafter referred to as the «Buyer» (hereinafter referred to as the «Buyer»), which includes all the essential conditions for organizing the purchase and sale remotely (ie via the online store). The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law UK ainy «On protection of consumer rights» № 1023-XII of 12 May 1991, retail trade of nonfoods Rules approved by the Ministry of Economy of Ukraine № 104 from April 19, 2007.

This agreement is in the nature of a public offer, is the equivalent of an «oral agreement» and, in accordance with the current legislation of Ukraine, has legal force.

1. General Provisions

1.1. This agreement 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 organizing the sale by remote means, that is, through an online store.

1.2. In accordance with Art. 642 of the Civil Code of Ukraine by the complete and unconditional acceptance of the terms of the public contract, that is, the public offer of the online store by clicking on the link «Place an order», «Place an order» or «Buy in 1 click and pay for the order at a rate of 100% on the terms of this agreement.

1.3. A public offer also accepted upon registration of the Buyer on the website of the online store. 1.4. By concluding the Agreement, the Buyer confirms that he has fully read and agrees with its terms, and also, if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of settlements, as well as for receipt of bills, acts and other documents. The permission to process personal data is valid for the entire duration of the Agreement. In addition, by the conclusion of this Agreement, 1.4. By concluding the Agreement, the Buyer confirms that he has fully read and agrees with its terms, and also, if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of settlements, as well as for receipt of bills, acts and other documents. The permission to process personal data is valid for the entire duration of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he was informed (without additional notice) of the rights established by the Law of Ukraine «On the Protection of Personal Data», about the purposes of collecting data. The scope of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine» On the protection of personal data» , he knows and understands.

2. Terms and definitions

2.1. «Internet-shop» is the seller’s website ( «bartbag.com.ua»), created to conclude contracts of retail and wholesale purchase and sale on the basis of familiarization of the Buyer with the description of the Goods offered by the Seller in photographs, through the Internet, which excludes the possibility of direct acquaintance of the buyer with Product — a remote way of selling goods.

2.2. «Goods» — a list of assortment names presented in the online store.

2.3. «Personal data» — any information that directly or indirectly relates to a specific person, or to a person, is determined. 2.4. «Significant defect of the Goods» — a defect that makes it impossible or unacceptable to use the goods in accordance with their intended purpose, arose due to the fault of the manufacturer (seller), after its elimination appears again for reasons independent of the consumer and is endowed with at least one of the following symptoms:

a) it cannot be eliminated at all;

b) its elimination requires more than fourteen calendar days;

c) he makes the goods substantially different than provided by the contract.

3. Subject of the contract

3.1. The online store agrees to transfer the goods to the Buyer, and the Buyer agrees to pay and accept the goods under the terms of this agreement.

3.2. This agreement governs the sale of the online store, including:

a) voluntary selection by the Buyer of goods in the online store by category;

b) the Buyer's self-placing an order on a website in an online store;

c) payment by the Buyer of the order placed in the online store;

d) the execution and transfer of the order to the Buyer in the ownership of the terms of this agreement.

4. Ordering procedure

4.1. The buyer independently places an order online in the online store or using telephone communications at the contacts specified in the online store.

5. Cost and payment procedure for goods

5.1. The full cost of the goods is indicated on the pages of the online store of the Seller.

5.2. Prices for goods and services may vary depending on market conditions, which is reflected in prices in the online store. The Seller cannot change the price for a specific Buyer if he has already accepted the conditions of the Seller and has made payment for goods (services) in the manner established by this agreement.

5.3. The buyer pays for the order within 2 business days (in the amount of 100% prepayment) by bank transfer of money to the seller’s current account specified in the invoice, incl. using online banking.

6. Delivery of the order

6.1. Shipment of goods to the Buyer occurs after receipt of 100% payment on the invoice from the Buyer.

6.2. Delivery and return of goods is carried out by the seller or the transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 10 days.

6.3. The cost of delivery to the online store is not indicated, since it depends on the current tariffs of the transport company (carrier).

6.4. When ordering wholesale lots, the timing and delivery methods are agreed separately in each case.

6.5. The seller is not responsible for the delivery time of the order, since they depend on the actions of third parties (carriers).

6.6. Payment of the shipping cost is made by the Buyer to the carrier company on their own, upon receipt of the goods. The exact shipping cost is determined by the carrier company.

7. Return of good quality goods

7.1. The buyer has the right to exchange goods of good quality for a similar product from the seller from whom he was purchased, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for other purposes on the following conditions:

A) the goods for exchange are provided to the Seller within no more than fourteen days, not counting the day of purchase;

B) the product can be replaced if it has never been in use, does not contain traces of use and if its presentation, consumer properties, seals, labels, films are preserved, the integrity of the packaging of both the product itself and its components is not violated;) the product does not contain scratches, chips, scuffs, fully serviceable;

D) the complete completeness of the goods sold is preserved;

D) the goods may be replaced upon presentation by the Buyer of the payment document issued to the Buyer together with the sold goods. 7.1.1. Requirements 7.1. do not apply to goods, in accordance with Appendix No. 3 to the Cabinet of Ministers of Ukraine Decree dated 19.03.94 No. 172 «On the implementation of certain provisions of the Law of Ukraine» On Protection of Consumer Rights» , are included in the List of goods of good quality, not subject to exchange (return)

7.2. If the goods do not meet the conditions specified in paragraphs. A) — D) p. 7.1. The seller has the right to refuse to exchange goods.

7.3. Transportation costs for the delivery of goods during the exchange according to clause 7.1. assigned to the Buyer. 7.4. When exchanging goods, its warranty period is calculated again from the date of exchange.

7.5. If at the time of the exchange the similar goods are not on sale, the buyer has the right to either purchase any other goods from the available assortment with the appropriate recalculation of the cost, or to terminate the contract and receive money back in the amount of the cost of the returned goods, or exchange the goods for the same at the first receipt of the corresponding goods for sale.

8. Rights and obligations of the parties

8.1. The buyer must:

a) get acquainted with the information about the product, which is posted on the seller’s website;

b) independently place an order on the site;

c) timely pay and receive an order with the Carrier on the terms of this agreement;

d) upon receipt of the goods from the carrier, verify its integrity and completeness by inspecting the contents of the package. In case of damage and incomplete picking — fix them in the act, which together with the Buyer must be signed by the carrier employee. 8.2. The buyer has the right to require the online store to comply with the terms of this agreement.

8.3. The online store must:

a) comply with the terms of this contract;

b) transfer the goods to the Buyer in accordance with the selected sample located in the online store, placed an order and the terms of this agreement;

c) the online store is not responsible, cannot act as a defendant in court 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 case the Buyer violates the terms of this Agreement.. The procedure for the acceptance of goods by the Buyer

9. The procedure for the acceptance of goods by the Buyer

9.1. Upon receipt of the Goods at the carrier’s warehouse, from the courier or seller, the buyer must check the external integrity of the package, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and the completeness of its completeness. 9.2. If there is at least one of the items listed in clause 9.1. Contract of defects, the Buyer is obliged to fix it in a folded act of arbitrary form. The Act must be signed by the Buyer and the carrier or Seller’s employee.. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the goods) about the identified shortcomings and agree to replace the goods. 9.3. The parties agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer received the Goods in good condition — without any mechanical damage and in full completeness.

9.4. In the event that during the established warranty period (expiration date) significant deficiencies that arose due to the fault of the manufacturer of the product (seller) or the falsification of the goods confirmed by an expert report were identified, the Buyer, in the manner and within the time limits established by the warranty obligations of the manufacturer of the Goods, subject to the conditions The offer agreement has the right at his own choice to demand from the seller:

9.4.1. termination of the contract and return of the sum of money paid for the Goods;

9.4.2. replacement of goods with the same goods or similar, from among those available to the Seller.

9.5. In this case, upon confirmation by the Seller of the material defects of the Goods and at the buyer's will, the money paid shall be returned to the latter at the details indicated by him within 7 (seven) calendar days upon return of the goods. 9.6. In cases of replacing low-quality Goods, payment for the services of the carrier is at the seller's expense.

9.7. In any case, the return of the Goods must occur in the original packaging in which the Product was received, while maintaining the presentation and consumer qualities of the goods.

9.8. All issues unresolved by this Offer Agreement related to the procedure, conditions for warranty repair or replacement of the Goods if defects are found during the warranty period (shelf life) are regulated in accordance with the warranty obligations determined by the manufacturer of the relevant Goods, and in case the manufacturer fails to establish such warranty obligations in accordance with the current legislation of Ukraine.

10. Responsibility 

10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.

10.2. In case of force majeure circumstances, the parties are exempted from fulfilling the terms of this Agreement. Force majeure circumstances for the purposes of this Agreement are understood to be events of extraordinary, inevitable unpredictable nature, which exclude or objectively impede the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures. 10.3. A party that refers to the action of force majeure circumstances must, within five calendar days, in writing by e-mail, notify the other party of the occurrence of such circumstances.

10.4. If due to force majeure circumstances the non-fulfillment of obligations under this Agreement continues for more than five months, each of the Parties has the right to terminate this Agreement unilaterally, having notified the other party in writing. 10.5. The Parties shall make every effort to resolve any disagreements solely through negotiations.

11. Other conditions

11.1. The online store reserves the right to unilaterally amend this Agreement with its preliminary publication on the website «bartbag.com.ua» 11.2. An online store was created to organize a remote way of selling goods over the Internet.

11.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.

11.4. The buyer is responsible for the accuracy of the information specified when placing the order.

11.5. Payment by the Buyer of the order placed in the online store means the Buyer's full agreement with the terms of the purchase and sale agreement (public offer of the online 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 for viewing goods, as well as for placing 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 solely for the purpose of operating the online store (sending a message to the Buyer about the completion of the order, sending advertising messages, etc.). 11.8. By own acceptance of the Agreement or by registration on the site «allzora.com.ua» (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data in the registered database of the Seller «Counterparties» for the following purpose: the data that the seller knows is used in commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, transmission of telecommunications means of communication (via email, mobile communications) advertising x and special offers, Information about promotions, sweepstakes or any other information about the store. For the purposes provided for in this paragraph, the Seller has the right to send letters, messages and materials to the Buyer's mailing address, e-mail, as well as send SMS messages, make calls to the number indicated in the questionnaire. 11.9. The Buyer gives the seller the right to process his personal data, including: put personal data in the Buyer's database (without additional notice to the Participant about this), carry out lifelong storage of data, their accumulation, updating, changing (as necessary). The Buyer agrees to protect the data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transmission of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these purposes, as well as to a mandatory request from 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 about the refusal to receive promotional materials, sending it to a mail or email address.

12. Duration of this contract

12.1. This agreement comes into force from the day of placing an order or registering in the online store «bartbag.com.ua» and is valid until all the conditions of the agreement are met.