Preamble
This Public Offer Agreement is an official offer by the Seller to an unlimited number of persons to enter into an agreement with the Seller on the delivery of Goods remotely on the terms stipulated in this offer, by creating an order in the online store on the website https://invicta.salutis.ua
DEFINITION OF TERMS
A public offer contract is a public contract, the terms of which are formed in accordance with the article 633, 641 of the Civil Code of Ukraine, the same for all Buyers, the unconditional acceptance of the terms of which by the Buyer (payment of the Goods in accordance with part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the Seller and the Buyer.
Administration — Salutis Print Limited Liability Company represented by Olga Volodymyrivna Timonteeva, recipient code 2713811403, hereinafter — Seller registered in Ukraine, which is the copyright owner of the website invicta.salutis.ua
Offer – the Seller’s offer to conclude this Public Offer Agreement on the terms set forth in this Agreement, addressed to an unlimited number of persons.
Acceptance – the person’s acceptance of the offer to conclude the Agreement (by clicking on the “Make an order” link or placing an order through the operator of the Internet store).
The online store is a corresponding software and functional complex, located on the official website at the address that allows you to familiarize yourself with the Product, its appearance, technical characteristics, price, payment terms, etc., make an appropriate order, etc.
An order is a duly completed and posted request of the Buyer (the relevant fields on the website in the “Ordering” section are filled out) addressed to the Seller with an offer to sell the selected Product on the website, indicating its quantity.
Order confirmation — the Seller’s notification of receipt of the order from the Buyer and acceptance of such order for execution.
The user is a natural person who has reached the age of 18, has full legal capacity, uses the specified site and / or its individual tools, has agreed to the terms of the Public Offer and has fulfilled all its conditions described below.
The recipient is the person specified by the Payer in the “Ordering” section as the person authorized to receive the Goods. Unless otherwise specified in the “Ordering” section, the Recipient is the Payer.
The payer is the person who pays for the Buyer’s order. Unless otherwise specified in the “Ordering” section, the Payer is the Buyer.
The Buyer is a registered or unregistered User who places an order and intends to purchase / buy the Goods offered for sale by the Seller and presented on the website https://invicta.salutis.ua
The seller is an individual or an individual entrepreneur who posts information on the website with an offer to purchase certain Goods. The seller can be both the Administration and any person to whom the Administration has granted the right to post information about the Product on the website. The name of the Seller is indicated in the documents for the transfer of the Goods to the Buyer (the invoice and other documents confirming the fact of the transfer of the Goods to the Buyer).
Offer – information about the Product posted by the Seller on the website, which includes information about the Product, its price, payment and delivery methods, information about discounts and promotional offers for the Product, as well as other conditions for purchasing the Product. The terms of the Offers posted on the site are set by the Seller. The offer is information about the possible terms of purchase of the Product.
The product is book products and related products.
1. General provisions
1.1. This Public Offer Agreement is a public Agreement in accordance with Art. 633, 641 of the Civil Code of Ukraine, the conditions of which are the same for all Buyers and are addressed to an indefinite circle of persons regardless of status (individual, legal entity, individual entrepreneur) who wish to purchase Goods, information about which is contained on the Site, including . regulates the procedure for the User’s access to the information posted on the Site, the procedure for using the Site, as well as the possibility of transferring the Goods and other conditions.
1.2. The site is a platform for placing offers for the sale of goods by the Seller.
Information about the Product is displayed on the Site and is dynamic. This means that the Administration of the Online Store may at any time, without prior notice to the User, make changes to this Agreement, materials and information contained in the Online Store. Under no circumstances is the Administration responsible for the irrelevance of information on the site, any damages arising from the use, impossibility of use, or the results of using the online store resource. The specified changes come into force after their publication on the Site and apply to any order placed after their publication.
1.3. The fact of placing an order by the Buyer (by clicking on the “Place an order” link or placing an order through the Internet store operator) in accordance with part 2 Art. 642 of the Civil Code of Ukraine, is considered the acceptance of this Agreement by the Buyer, his agreement with the terms of the Agreement and confirmation that he fully assumes the obligations arising from the use of the Site and the conclusion of this Agreement, including the Buyer’s consent to SMS being sent to him by the Seller – notifications, e-mails about the status of his order and surveys to improve the quality of service to Buyers, all actions he will take will not contradict the terms of this Agreement.
1.4. The Agreement concluded on the basis of the Buyer’s acceptance of this Public Offer is an Accession Agreement, to which the Buyer joins without any exceptions and/or reservations.
1.5. Any information about the Goods contained on the website https://invicta.salutis.ua is for informational purposes and cannot be taken as fully conveying all the properties and characteristics of the Goods. If the Buyer has any questions regarding the properties and characteristics of the Product, before ordering the Product, he should consult the operator of the Internet store.
1.6. Sufficient proof of the acceptance of this offer by the Buyer (ie, agreement by the Parties of all essential terms of sale of the Goods) is the actual payment, receipt of the Goods by the Buyer/Recipient.
1.7. The owner of the intellectual property rights for the distribution of the Content presented on the Site is the Administration.
1.8. The owner of the Goods presented on the Site is the Seller.
2. Order processing procedure
2.1. The Buyer, after familiarizing himself with the characteristics of the Goods, the price, terms and order of delivery of the Goods, fills out the form posted on the website of the online store to place the Order and notes the information necessary for the identification of the Buyer and the delivery of the Goods to him.
2.2. Placing an Order on the Site is considered an unconditional and unconditional acceptance (acceptance) of this offer by the Buyer.
2.3. After placing an Order on the Site, the Seller may call the Buyer to clarify the necessary information and confirm the Order.
2.4. The Seller has the right to refuse the confirmation of the Order to the Buyer if the Goods are not available or if there are reasons that make their delivery impossible, including if the information provided by the Buyer when placing the Order is incomplete or incorrect, etc. other
2.5. The Seller has the right to unilaterally cancel the order for the Goods if the Buyer cannot confirm the Order due to the incorrect indication of the delivery address, means of communication or other information.
2.6. The order is considered accepted for execution by the Seller only after its confirmation by telephone or in another manner determined by the Seller.
3. Procedure for payment of goods
3.1. The price of the Product specified in the online store is valid at the time of placing the Order. The price of the Product does not include the price of delivery.
3.2. The cost of the Goods is paid in the national currency of Ukraine — hryvnia.
3.3. Payment is made in the manner and through the payment systems indicated on the Site in the “Payment” section or when receiving the Goods at the selected delivery service branch.
3.4. The Buyer’s financial obligations under the Agreement are considered fulfilled in full from the moment the Seller receives payment for the cost of all ordered Goods.
3.5. The buyer agrees to receive a fiscal check to the e-mail address indicated by him when registering, in case of using the software register of settlement operations (PRRO) by the Seller.
3.6. In case of cancellation of the Order or return of the Goods, the money shall be returned to the Buyer. Refunds can be made to the bank card from which the order was paid, or, if the payment was made by details, to the bank card specified in the order.
3.7. The refund period is up to 10 working days after the Seller receives a duly completed return application.
4. Order of product delivery
4.1. Delivery is carried out by sending the Product using the selected branch of the delivery service (the delivery service is selected by the Buyer from the list specified in the online store or specified during the confirmation of the Order by telephone).
4.2. Delivery of goods is carried out throughout the territory of Ukraine, with the exception of the Autonomous Republic of Crimea and the territories of the OOS.
4.3. Delivery of the ordered Goods is carried out within the period determined by the carrier, and depends on the method of delivery and is calculated from the day of assembly.
4.4. The cost of delivery of Goods is carried out according to the tariffs of delivery services that directly deliver the Goods. All information regarding the delivery of the Goods is specified by the Buyer during the confirmation of the Order. The seller is not responsible for the term of delivery of the Goods, if it is carried out by third parties.
4.5. When receiving the Goods, the Buyer undertakes to check the Goods for damage and, in the event of defects, undertakes to present claims on the spot. The Seller is not responsible for the actions of the delivery services that ensure the delivery of the Goods to the Buyers.
4.6. Access to downloading electronic and audio books is provided to the Buyer after payment in the manner and procedure determined by the Seller. Any further distribution by Buyers of purchased electronic or audio books is prohibited by law.
4.7. The Seller makes every effort to comply with the delivery dates indicated on the Site, however, delivery delays may occur due to unforeseen circumstances beyond the Seller’s control (force majeure circumstances). The Seller informs the Buyer in the event of force majeure and agrees on new terms of delivery by e-mail or by means of telephone communication.
4.8. The Buyer has the right to violate the integrity of the packaging of the Goods, to inspect the Goods, as well as to dispose of the Goods in any other way at his own discretion only after full payment. The specified provision does not deprive the Buyer of the rights provided by the Law of Ukraine “On the Protection of Consumer Rights” regarding the return of Goods of proper and improper quality.
4.9. The buyer has the right to appoint a third person as the Recipient of the purchased Goods. In this case, the Buyer is obliged to indicate in the Order form the data necessary for the identification of the Recipient and delivery of the Goods to him. In this case, the relations of the parties are subject to the provisions of Art. 636 of the Civil Code of Ukraine.
5. Warranty conditions
5.1. Claims regarding the delivery of low-quality Goods (printing defects) may be filed by the Buyer within 14 (fourteen) calendar days from the day of receipt of the Goods.
5.2. The return of goods of inadequate quality (polygraphic defect) is carried out within 14 working days from the day of receipt of the poor-quality goods together with the relevant documents and on the condition that the Buyer complies with the procedure for presenting claims specified in this Agreement.
6. Return of goods
6.1. The goods offered by the Seller for sale, if they are of appropriate quality, are not subject to return in accordance with the Decree of the Cabinet of Ministers of Ukraine dated 19.03.1994 No. 172 “On the implementation of certain provisions of the Law of Ukraine “On the Protection of Consumer Rights”, unless otherwise agreed between the Seller and the Buyer .
6.2. Return of goods of inadequate quality
6.2.1. When receiving Goods of inadequate quality (printing defect), the Buyer has the right to:
– refund of funds in the amount of the cost of such Goods;
– replacement of low-quality goods with good quality goods.
6.2.2. The identified polygraphic defect in the received Goods is confirmed by appropriate photographs, which must be sent to the Seller’s e-mail office@salutis.com.ua together with the following information:
– Name of the Buyer/Recipient and contact details (phone number, e-mail);
– order number and date;
– the cost of the order;
– the number of goods with polygraphic defects.
6.2.3. The Buyer’s claims regarding the refund of funds for poor-quality Goods must be submitted by sending a written statement, an example of which is provided by the Seller, to the above-mentioned e-mail address.
6.2.4. A claim regarding the quality of the received Goods, received by e-mail, is considered by the Seller within 2 working days from the day of its receipt. In case of recognition of the claim, the Seller sends the Buyer (using telephone messengers or to the e-mail specified in the claim) the details necessary for the return of the Goods.
The Buyer’s claims are considered by the Seller only on the condition of providing a settlement document confirming the purchase of the goods by him from the Seller and the Goods against which there are claims.
6.2.5. The Seller has the right not to consider the Buyer’s application (claim) regarding poor-quality Goods sent without providing the above-mentioned documents or in violation of the procedure for returning poor-quality goods until the deficiencies admitted by him are eliminated. In the event that the Buyer does not send the specified documents within 7 (seven) days from the date of receipt by the Seller of the relevant low-quality Goods, the Seller’s obligations to satisfy the Buyer’s claim are terminated, and he has the right to dispose of the Goods at his own discretion. The seller is not obliged to return the goods, the application for which was made improperly and the proper documents were not provided.
The Seller has the right to refuse to receive the poor-quality Goods, if the Buyer committed a violation when sending the claim and the poor-quality Goods (incorrectly specified return details provided by the Seller), which may cause the Seller to incur additional financial costs.
6.2.6. Upon receipt of the Goods, the Buyer undertakes to inspect them for mechanical damage. The fact of mechanical damage must be recorded at the time of receipt of the Goods, otherwise claims regarding mechanical damage to the Goods will not be considered by the Seller.
7. Access to the Site
7.1. The Administration makes all possible efforts to ensure the proper functioning of the Site, but is not responsible for non-fulfillment or improper fulfillment of the obligations stipulated in this Agreement, as well as for damage caused in connection with this, as a result of, but not limited to:
– illegal actions of third parties;
– failures in the operation of the Site caused by errors in the code, computer viruses and other third-party code fragments in the software of the Site;
– lack of Internet connections between the User’s device and the Site server, as well as between the Site server and the Internet;
– implementation of operational measures by state bodies and other authorized organizations that affect the operation of the Site;
– by updating the Site’s software.
7.2. In order to prevent unauthorized automatic scanning of the Site, as well as the use of the Site for the purpose of fraudulent actions, and in case of reasonable suspicion of misuse by the User regarding the use of the site, the Administration reserves the right to:
– block access to this User’s Site;
– cancel all purchases made by using unauthorized access;
– collect compensation for damages caused by the use of unauthorized access to the Site.
8. Liability of the Parties
8.1. The Buyer / Site User agrees and guarantees not to take any actions that may be considered a violation of Ukrainian legislation or international law, in particular in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal functioning of the Site and its services.
8.2. The Buyer / User is obliged to promptly inform the Site Administration about unauthorized access to the Personal Account of the User / Buyer by third parties. For information, the Buyer / User should contact the Support Service at the coordinates indicated on the Site.
8.3. By accepting the terms of the Agreement, the User / Buyer confirms that he has read and agrees with the terms of this Agreement.
8.4. Comments and other entries of the User / Buyer on the Site must not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and morality.
8.5. The User / Buyer is responsible for the accuracy of the data specified in the registration form and the Order form. In the event that incorrect, inaccurate and/or incorrect entry of data in the Order led to additional costs for the Seller related to the delivery of the Goods to an incorrectly specified address or delivery of the Goods to an incorrectly specified Recipient, all related losses and expenses are borne by the User / Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the Goods.
8.6. The responsibility for money transfers made by the Payer lies entirely with the banking institutions and payment systems whose services the Payer decides to use. The seller is not responsible for their actions.
8.7. The Administration is not responsible for the work of Internet providers, processing centers, payment systems, communication operators, banking institutions, Visa / MasterCard payment services, as a result of which the necessary information, data did not arrive or arrived late, were lost or damaged.
Any claims and disputes regarding making payments and receiving refunds shall be sent by the Payer to such a self-selected company, and if it is impossible to resolve them amicably, they shall be resolved in accordance with the provisions of Section 8 of this Agreement.
8.8. The only means of compensation provided to the Buyer in case of non-compliance of the actual conditions of sale with this Agreement is to grant the Buyer / Recipient the right to refuse to receive the relevant Goods and to demand the return of the price paid for them. The Buyer / Recipient has the right to use this right until the moment of signing the documents confirming the receipt of the Goods.
8.9. The site administrator is not responsible for the functionality of the equipment on which the Site is hosted, the Site’s availability, the operation of data transmission channels and other technical means for Users to access the Site.
8.10. The responsibility of the Administrator cannot exceed the value of the purchased Goods on the Site and does not include any lost profits, indirect losses, damage caused to third parties.
8.11. The Seller is not responsible for the actions of the companies that ensure the delivery of the Goods to the Recipient / Buyer, including for delivery times, as well as for preserving the integrity of the Goods during transportation by delivery services.
8.12. The Seller’s responsibility for changes in the conditions of the offer for sale and sale of the Product is limited to the right of the User / Recipient / Buyer to refuse the purchase of the Product and to demand the return of the money paid for it.
9. Dispute Resolution and Applicable Law
9.1. This Agreement is drawn up in accordance with the legislation of Ukraine. The User / Buyer who is located outside this jurisdiction fully agrees to submit the legal relations arising during any use of the Site to the legislation of Ukraine, and these conditions apply to him to the maximum extent permitted by his jurisdiction without applying any conflict of laws rules.
9.2. The Parties confirm that in the event that any condition of this Agreement becomes or is recognized as invalid due to inconsistency with the law, this condition will not be taken into account or the Parties will take measures to amend the Agreement to the extent that the Agreement is valid and fully preserve the intentions of the Parties.
9.3 The User / Buyer acknowledges and agrees that the resolution of all possible disputes arising from the relationship between the Parties and which the Parties were unable to settle through negotiations within at least 30 days shall be resolved in accordance with the current legislation of Ukraine.
9.4. Any claims and disputes regarding the provision of access to download Content shall be sent by the Buyer / User to the Administration, and in the event that it is impossible to resolve them amicably, they shall be resolved in accordance with the legislation of Ukraine.
10. Use of User’s personal data
10.1. The Buyer and/or authorized persons of the Buyer give consent to the Seller for the processing of their personal data specified by them in the registration form (name, mobile phone number, e-mail, postal address, etc.). The User’s personal data is confidential information, the collection and further processing of personal data is carried out by the Administration in accordance with the Law of Ukraine “On the Protection of Personal Data” and other regulatory legal acts of Ukraine. The source of personal data collection is information directly and voluntarily provided by the User.
10.2. By agreeing to this Agreement, the User voluntarily provides the Administration with the personal data specified in the registration form for registration in the information system as a User, as well as for the purpose of maintaining long-term cooperation with the Site Administration. The user also consents to the use of his personal data for processing Orders for the purchase of Goods, receiving advertising and special offers, information about promotions, raffles, and other information about the Administration’s activities.
10.3. The User grants the Administration the right to process his personal data, in particular: to record personal data in the Administration’s databases (without additional notification to the User about this), to carry out lifelong storage of data, their accumulation, updating, change (if necessary).
10.4. The buyer confirms that he is familiar with the rights of the subject of personal data provided for in Art. 8 of the Law of Ukraine “On Protection of Personal Data”.
11. Other conditions
11.1. All rules and conditions for the implementation / performance of individual actions / operations, posted in the relevant sections of the Site, are integral parts (as Annexes) of this Agreement, which determine the obligations of both Parties. In the event that the conditions fixed in the text of this Agreement and the conditions specified in its Appendices (site sections) differ, the Parties shall be guided by the conditions specified in the Appendices. The sale of the Goods by the Seller to the Buyer is governed by this Agreement, as well as the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Protection of Consumer Rights”, the Rules for the sale of Goods to order and outside retail or office premises and other legislative acts in the part that does not contradict the specifics of electronic commerce
11.2. The Administration has the right to make changes to the text of this Agreement and/or Appendices without prior notice. Changes to the Public Offer come into force upon their publication and apply to any Order placed after their publication.
11.3. The user undertakes to read this Agreement carefully. In case of disagreement with its terms, the User undertakes to immediately stop using the Site.
11.4. The Seller and the Buyer communicate through the use of e-mail, telephone communication (SMS, etc.), applications, advertisements and / or messages. The buyer agrees that all messages, data or other information provided in electronic form have legal force and are equivalent to documents drawn up in writing.
11.5. If the Buyer wishes to opt out of receiving communications related to this Agreement / the Site, he must contact the Support Service by calling the number or sending an e-mail to the e-mail address indicated on the Site with a request to unsubscribe from the newsletter. The request will be fulfilled within 3 days from the moment of its receipt.
11.6. The Administration reserves the right to block the Buyer (depriving him of the opportunity to order and purchase Goods), to make appropriate statements to law enforcement authorities and to transfer such Buyer’s data to them in the event that any of the Buyer’s actions, in the Seller’s opinion, have signs of fraud and may cause damage interests of other Users / Buyers or third parties.
11.7. A court’s recognition of any provision of the Agreement as invalid does not invalidate other provisions of the Agreement.
11.8. This agreement enters into force from the moment of placing the Order in the online store and is valid until all terms of the Public Agreement are fulfilled.
