This agreement, in which one party (hereinafter referred to as the Seller) on one hand, and any person who accepts (accepts) this offer (hereinafter referred to as the Buyer) on the other hand, collectively referred to as the Parties, have entered into this agreement (hereinafter — the Agreement) addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude a contract of sale of Goods with the Sellers, the photographs of which are posted in the relevant section of the website www.maisternia-kassone.ua.
Sellers who intend to sell Goods through the Website www.maisternia-kassone.ua and Buyers when purchasing Goods, the images of which are posted on the respective pages of the Website www.maisternia-kassone.ua, accept the terms of this Agreement set forth below.
General Provisions
1.1. The contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the “Place an order” button on the order processing page of the Internet resource means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), according to the current Ukrainian legislation, has agreed to execute the terms of the Public Offer Agreement specified below.
1.2. The public offer agreement is public, that is, according to Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the terms and procedure for placing an order, payment, and delivery of the goods by the Seller, responsibility for dishonest orders, and for non-compliance with the terms of this Agreement.
1.3. This Agreement shall enter into force upon clicking the “Place an order” button, whereby the Buyer agrees to make a purchase from the Seller and shall remain in force until the Buyer receives the Goods from the Seller and makes full payment to him/her.
Terms and Definitions
“Public Offer Agreement” – a public contract, the template of which is posted on the website www.maisternia-kassone.ua, and the application of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Guarantor’s website, directed at an indefinite number of persons, including Buyers.
“Acceptance” – the Buyer’s acceptance of the Seller’s offer to purchase the Goods, the image of which is posted on the Guarantor’s website, by adding it to the virtual shopping cart and submitting the Order.
“Goods” – the subject of trade (product, model, accessory, components and accompanying items, any other trade items) for the purchase of which the Seller’s offer is posted on the Guarantor’s website.
“Buyer” – any capable individual, legal entity, individual entrepreneur, according to the current Ukrainian legislation, who visited the website www.maisternia-kassone.ua and intends to purchase one or another Goods.
“Seller” – a legal entity, individual entrepreneur, according to the current Ukrainian legislation, who owns or distributes the Goods and intends to sell it through the Guarantor’s website.
“Order” – a properly executed and placed on the Guarantor’s website application of the Buyer for the purchase of Goods addressed to the Seller.
“Legislation” – the current legislation of Ukraine, which may be applied to legal relations related to the performance and/or arising from the performance of the obligations described in this Agreement.
“Material Defect of the Goods” – a defect that makes it impossible or inadmissible to use the goods according to their intended purpose, arose due to the fault of the manufacturer (Seller), after its elimination, it reappears due to reasons independent of the consumer.
Subject of the Agreement
3.1. The Seller undertakes, on the terms and in the manner specified in this Agreement, to sell the Goods based on the Order placed by the Buyer on the respective page of the website www.maisternia-kassone.ua, and the Buyer undertakes, on the terms and in the manner specified in this Agreement, to purchase the Goods and pay for it.
3.2. The Seller guarantees that the Goods are not pledged, not subject to dispute, not under arrest, and there are no third-party rights to it.
3.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or sham transaction or agreement made under pressure or deception.
3.4. The Seller confirms that he/she has all necessary permits for carrying out economic activities, which regulate the sphere of legal relations arising in the process of performing this Agreement, and also guarantees that he/she has the right to manufacture and/or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer’s rights in the process of performing this Agreement and selling the Goods.
Rights and Obligations of the Seller
4.1. The Seller is obliged:
• to fulfill the terms of this Agreement;
• to fulfill the Buyer’s orders upon receipt of payment from the Buyer;
• to transfer the Goods to the Buyer in accordance with the selected sample on the respective page of the website www.maisternia-kassone.ua, formalized by the Order and the terms of this Agreement;
• to check the qualitative and quantitative characteristics of the Goods during its packaging at the warehouse.
4.2. The Seller has the right:
• unilaterally suspend the provision of services under this Agreement in case of violation of the conditions of this Agreement by the Buyer.
Buyer’s Rights and Obligations
5.1. The Buyer undertakes:
- to timely pay for and receive the order under the terms of this Agreement;
- to familiarize themselves with the information about the Product posted on the Seller’s website;
- when receiving the Product from the person who delivered it, to ensure the integrity and completeness of the Product by inspecting the contents of the package. In case of damage or incomplete set of the Product, it should be documented in an act, which should be signed by the Buyer together with the person who delivered it to the Buyer.
5.2. The Buyer has the right:
- to place an order on the respective page of the Website www.maisternia-kassone.ua;
- to demand that the Seller fulfill the terms of this Agreement.
Ordering Procedure
6.1. The Buyer independently places an Order on the respective page of the Website www.maisternia-kassone.ua by adding Products to the virtual shopping cart by clicking the “Order” button, or by placing an order by email, or by phone number indicated in the contacts section of the Website www.maisternia-kassone.ua.
6.2. The Order is processed within 2 business days from the moment of its placement. In case the Order is placed on a weekend or holiday, the processing time starts from the first working day after the weekend.
Contract Price and Payment Terms
7.1. The price of each individual Product is determined by the Seller and indicated on the respective page of the Website www.maisternia-kassone.ua. The Contract Price is determined by adding the prices of all selected Products placed in the virtual shopping cart and the delivery price, which is determined depending on the delivery method according to the terms of section 8 of this Agreement.
7.2. The Order amount may change depending on the price, quantity, or assortment of the goods.
7.3. The Buyer can pay for the Order in the following ways:
1) by bank transfer to the Seller’s current account specified in the invoice, including via Internet banking (the Buyer pays for the Order within three days from the date of receipt of the invoice in the amount of 100% advance payment).
2) by any other method agreed with the Seller.
Terms of Product Delivery
8.1. The Buyer receives the Product by delivery or picks it up personally. The payment and receipt procedure is specified on the respective page of the Website www.maisternia-kassone.ua.
8.2. When delivering goods to other cities of Ukraine by other Carrier companies, the Buyer fully and unconditionally agrees with the Rules of transporting goods by these Carrier companies.
8.3. The fact of receiving the Product and the absence of claims regarding the quality of the Product delivered by Carrier companies are confirmed by the Buyer’s signature in the bill of lading, declaration of the Carrier company, or in the delivery note upon receiving the Product. The Seller, on their part, guarantees the dispatch of the Product to the Carrier company in the quantity paid for by the Buyer, in compliance with the specifications of this Product, and in proper (working) condition and quality.
8.4. In case the Buyer is absent at the delivery address specified by the Buyer in the application or refuses to receive the Product for unjustified reasons, when delivered by the Carrier company’s courier, the Product is returned to the shipping center. The payment for the services of the Carrier company is deducted from the amount transferred by the Buyer for the Product. The remainder of the amount is returned to the Buyer based on their letter sent to the email address www.maisternia-kassone.ua specifying the bank account to which the money should be refunded. Any questions arising during the payment and receipt of the Product can be clarified by the Buyer using the contact details in the Contacts section.
Terms of Product Return
9.1. Upon receiving the Product at the carrier’s warehouse, from the courier, or from the Seller, the Buyer is obliged to check the external integrity of the packaging, then to open it and directly verify the proper external condition of the Product (absence of mechanical damage) and the completeness of its set.
9.2. In case of any of the listed defects, the Buyer is obliged to document it in an act of arbitrary form. The act must be signed by the Buyer and the person who delivered the Product or the Seller. If possible, the defects should be documented by means of photo or video shooting.
Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for processing the order for the Product) about the identified defects and agree on the replacement of the Product.
9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the receipt of the Product by the Buyer is considered to be in proper condition – without any mechanical damage and in complete set.
9.4. Non-serial products – made in accordance with individual consumer requirements regarding color/size/material – are not subject to return. The return of such goods is possible in case of non-compliance with the quality or agreed parameters of the goods.
Responsibility of the Parties and Dispute Resolution
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner provided by this Agreement and the applicable legislation of Ukraine.
10.2. In case of disputes arising from the performance of this Agreement by the Parties, except for disputes regarding the collection of debts from the Buyer, the Parties undertake to resolve them through negotiations in accordance with the claims procedure. The term for considering the claim is 7 (seven) calendar days from the date of its receipt. Claims procedure is not required for disputes related to debt collection from the Buyer.
10.3. All disputes, discrepancies, or claims arising from this Agreement or in connection with it, including those concerning its performance, violation, termination, or invalidity, shall be settled in the relevant court in accordance with the substantive and procedural law of Ukraine.
Force Majeure Circumstances
11.1. The Parties shall not be liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure circumstances, i.e., events or circumstances that are actually beyond the control of such Party, occurred after the conclusion of this Agreement, and have an unforeseen and unavoidable character.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, frost, wars (both declared and undeclared), riots, loss of goods, carrier delays due to accidents or adverse weather conditions, perils and accidents at sea, embargoes, disasters, government restrictions (including allocations, priorities, official requirements, quotas, and price controls) if these circumstances directly affect the performance of this Agreement.
11.2. The Party for which the performance of obligations under this Agreement has become impossible due to force majeure circumstances must immediately inform the other Party in writing about the occurrence of such circumstances, and within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation may be a certificate, certificate, or other relevant document issued by the competent state authority located at the place of occurrence of force majeure circumstances.
11.3. The time required for the Parties to perform their obligations under this Agreement shall be extended for the period during which the performance was postponed due to the aforementioned circumstances.
11.4. If non-performance of obligations under this Agreement due to force majeure circumstances continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing. Notwithstanding the occurrence of force majeure, before terminating this Agreement due to force majeure circumstances, the Parties shall make final settlements.
Other Terms of the Agreement
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the Seller about ordering the Product, sending promotional messages, etc.).
12.2. By accepting the Agreement or registering on the Website www.maisternia-kassone.ua (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purposes: the data that becomes known will be used for commercial purposes, including processing orders for the purchase of goods, receiving information about orders, sending telecommunications means of communication (email, mobile communication) advertising and special offers, information about promotions, lotteries, or any other information about the activities of the Website www.maisternia-kassone.ua.
For the purposes provided for in this clause, the Buyer has the right to receive letters, messages, and materials to the mailing address, email of the Buyer, as well as to send sms messages, make calls to the phone number specified in the questionnaire.
12.3. The Buyer gives permission to process his personal data, including: placing personal data in databases (without additional notification of this), ensuring lifelong data storage, their accumulation, updating, and change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related persons, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).
12.4. If you do not want to receive mailings, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials and sending it to the postal or email address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.