Contractual offer
PUBLIC CONTRACT (OFFER) for the order, sale and delivery of goods
This agreement is an official and public offer by the Seller to enter into a contract for the sale of the Goods presented on the Tutura website.
This agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unfair of goods, liability for unfair ordering and all other terms of the Agreement. The Agreement is considered concluded from the moment you click the button “Confirm Order” button on the checkout page in the “Cart” section and the Buyer receives confirmation of the of the order in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the “Offer”) - a public offer of the Seller addressed to an indefinite number of persons to conclude an agreement with the Seller for the sale of goods remotely (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.
1.2. Goods or Service is the object of the parties' agreement, which was selected by the Buyer on the website of the Online Store and placed in the basket, or has already been purchased
by the Buyer from the Seller remotely.
1.3. The Seller's online store website at www.tutura.net is created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods that presented on the website of the online store for purposes not related to the implementation of entrepreneurial activities, or a legal entity or an individual entrepreneur.
1.5. Seller An individual entrepreneur Chernyak Yaroslav, an individual who was created and operates in accordance with the current legislation of Ukraine, whose location is: 44343, Volyn region, Lutsk district, Boratyn village.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of filling out the order form by the Buyer located on the website of the online store, provided that the Buyer receives confirmation of the order from the Seller's order confirmation in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3. Ordering the Order
3.1. The Buyer independently places an order in the Online Store through the “Shopping Cart” form, or by placing an order by e-mail or by calling the phone number indicated in the contacts section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the the order are incomplete or raise suspicion about their validity.
3.3 When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information required
The Seller to fulfill the order:
3.3.1. surname, name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact phone number.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the online store.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information, the Seller is not responsible for providing quality services to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3, 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data by the Buyer in the registration form on the website of the Online Store or when placing an Order through the Operator. After placing the Order through the Operator, the data about the Buyer
are entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
а)The Buyer is fully and completely familiarized and agrees with the terms of this offer (offer);
b) he gives permission to collect, process and transfer personal data, permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Buyer confirms that he/she has been has been notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is
known and understood.
4. Price and Delivery of the Goods
4.1 The prices for the Goods and services are determined by the Seller independently and are indicated on the website of the online store.All prices for the Goods and services are indicated on the
website in UAH, EUR, USD including tax.
4.2 Prices for the Goods and Services may be changed by the Seller unilaterally depending on market conditions.In this case, the price of a separate unit of the Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods The Buyer pays in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer applies with a corresponding request to the Seller by sending an e-mail or when placing an order through the operator of the online store.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.
4.7. Settlements between the Seller and the Buyer for the Goods are made in the ways indicated on the website of the online store in the section “Payment and
Delivery”.
4.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with
qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).
4.9. The Buyer or his representative, upon acceptance of the Goods, confirms with his signature in the sales receipt / or in the order / or in the delivery note for the delivery of goods that he/she has no claims to the quantity of goods, appearance and completeness of the goods.
4.10. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the place of delivery. of the Goods by the Buyer in the city of delivery of the Goods upon self-delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5.Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1.Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website online store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and sufficient to deliver the ordered Goods to the Buyer.
6. Return of the Goods
6.1. The Buyer has the right to return to the Seller non-food goods of inadequate quality if the goods did not satisfy him in form, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of good quality is carried out if it has not been used and if its presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods. The list of goods that are not subject to return on the grounds provided for in this clause, is approved by the Cabinet of Ministers of Ukraine.
6.2. The Buyer shall be refunded the cost of the goods of good quality within 14 calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 6.1. of the Agreement, the current legislation of Ukraine.
6.3. The cost of the goods shall be refunded by bank transfer to the Buyer's account.
6.4. The return of the Goods of good quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
6.5.In case of detection during the established warranty period of defects in the Goods, the Buyer personally, in the manner and within the time limits established by the by the legislation of Ukraine, has the right to present the Seller with the requirements provided for by the Law of Ukraine “On Protection of Consumer Rights”. In case of claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Seller at its and physical access to such Goods.
6.6. Consideration of the requirements provided for by the Law of Ukraine “On Consumer Protection” is carried out by the Seller, provided that the Buyer provides documents provided for by the current legislation of Ukraine.The Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.7.The Buyer shall not be entitled to refuse goods of good quality with individually defined properties if the said goods can be used exclusively by the Buyer who purchased it (including at the request of the Buyer, non-standard sizes, characteristics, appearance, equipment, etc.) Confirmation that the goods have individually defined properties is the difference in the size of the goods and other
characteristics specified in the online store.
6.8.The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section.
7. Responsibility
7.1. The Seller is not responsible for damage caused to the Buyer or third parties due to improper installation, use storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides in case the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party.
8.Confidentiality and protection of personal data
8.1.By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of their personal data, as well as other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation of the Seller's provision of information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or non-fulfillment of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Other terms and conditions
9.1 This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the disputed issue through negotiations, the Buyer shall through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller shall have the right to amend this Agreement unilaterally as provided for in clause 5.2.1. of the Agreement. In addition, changes to the The Agreement may also be amended by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.