The online store "MisakDojo", represented by Misak Aleksanovych Arzumanyan (hereinafter referred to as the Seller), publishes this agreement, which represents the conditions for placing an order and delivery of goods to the address of both individuals and legal entities (hereinafter referred to as the Buyer) about the following:
Terms and definitions:
Buyer — an individual or legal entity placing Orders on the Site or indicated as the recipient of the Goods. By agreeing to the terms of the contract, the BUYER confirms that he is a capable citizen who has reached the age of 18, or is a representative of an active company who has the necessary documents to act on behalf of this legal entity;
Seller — PO (Public Organization) KKSC (Kyokushinkai Karate Sports Club) "Misak Dojo"
Online store — a website that has an Internet address misakdojo.com. It presents the GOODS offered by the SELLER to its Buyers, as well as the terms of delivery, payment, return and exchange of these goods;
Website — misakdojo.com
Order — A duly completed request of the Buyer for the delivery of the GOODS to the specified address, posted by the Buyer independently on the Website or by phone;
Product — an object of the material world, not withdrawn from civil circulation and presented for sale on the Site. GOODS are presented on the Site through photo samples, which are the property of the Seller.
1. Subject of the offer agreement.
1.1. The SELLER undertakes to transfer the ownership to the BUYER, and the BUYER undertakes to pay and accept the GOODS ordered in the online store.
2. The moment of the contact conclusion.
2.1. The text of this Agreement is a public offer (in accordance with Article 638 and Article 641 of the Civil Code of Ukraine).
2.2. In accordance with Article 642 of the Civil Code of Ukraine, in case of acceptance of the conditions set out below and payment for services, a legal or natural person making an acceptance of this offer becomes a Buyer (in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, acceptance of an offer is equivalent to concluding an agreement on the conditions set forth in the offer), and the SELLER and the BUYER jointly are the parties to the offer agreement.
2.3. The fact of ordering the GOODS from the SELLER, both independently and through the operator, is the unconditional acceptance of this Agreement; the BUYER is considered as a person who entered into a contractual relationship with the SELLER. If the BUYER does not agree with the conditions, or with any clause of the conditions, the SELLER invites the BUYER to refuse to conclude the Offer Agreement and use the SELLER's services.
2.4. Ordering procedure:
The Buyer goes through the registration procedure on the SELLER'S SITE with the obligatory confirmation of familiarization with the terms of this Offer Agreement. The BUYER is responsible for the veracity of the information provided when registering and ordering. Otherwise, the SELLER is not responsible for timely delivery.
The registered BUYER of the online store has the right to place an Order for any product presented on the Site and available in the SELLER's warehouse. When placing an ORDER on the website of the online store, the BUYER assumes the obligation to pay for the ORDER/GOODS and its acceptance, and the SELLER assumes the obligation to deliver and transfer the paid ORDER/GOODS to the buyer's ownership. Orders are accepted by the SELLER through the ORDER acceptance system integrated into the SELLER's website, as well as by phone.
The SELLER has the right to limit the number of GOODS that the buyer places in the order, informing the BUYER about it. After receiving the Order, the SELLER provides a responsible manager who, on behalf of the Seller, agrees with the Buyer all essential conditions, including delivery, order value and payment for the GOODS.
In the absence of the GOODS in the SELLER's warehouse, the latter is obliged to inform the BUYER about this in writing (via e-mail) or orally (via telephone). In this case, the Buyer has the right to replace the missing GOODS with similar GOODS/refuse these GOODS/cancel the Order.
The Buyer has the right to fully or partially refuse to purchase the GOODS at any time before paying for the GOODS, notifying the SELLER by e-mail from the address specified by the Buyer when registering on the Site, as well as by phone or upon delivery of the GOODS by a representative of the delivery service (his own or one that works under an agreement with the SELLER).
The SELLER reserves the right to unilaterally terminate the acceptance of Orders from the buyer and the shipment of the GOODS to the BUYER, as well as to restrict the granting of the buyer's right to participate in promotions held by the SELLER if the BUYER systematically violates the terms of this Offer Agreement or has a negative impact on the operation of the Internet store by excessive downloads of online store services. Confirmation of the agreed terms of shipment, delivery and payment of the GOODS will be sent by the SELLER by e-mail. On the basis of the received Order and the agreed conditions, the SELLER ships the Goods to the BUYER.
3. Price of the GOODS.
3.1. Prices in the online store are indicated in UAH per unit of GOODS.
3.2. Tariffs for the provision of services for delivery, loading and unloading, lifting the GOODS are indicated in the online store for each unit of GOODS, depending on its characteristics.
3.3. In case of an incorrectly indicated price, the SELLER undertakes to inform the Buyer as soon as possible. In this case, the BUYER has the right to refuse to purchase the GOODS in whole or in part. If it is impossible to contact the Buyer, the Order is considered canceled.
3.4. The SELLER reserves the right to change prices unilaterally. At the same time, the price of the GOODS paid by the Buyer cannot be changed.
4. Payment for the GOODS.
4.1. In the case of cash payment, the BUYER is obliged to pay the SELLER the price of the GOODS at the time of its transfer, and the SELLER is obliged to provide the BUYER with a cash voucher or sales receipt or other document confirming payment for the GOODS.
4.2. The total cost of the Order consists of the GOODS' price in the online store and the delivery price.
4.3. The BUYER pays for the Order by any convenient way selected in the online store.
4.4. In the case of a non-cash form of payment, the buyer's obligation to pay the price of the GOODS is considered fulfilled from the moment the funds are received to the Seller's account in the amount of 100% (one hundred percent) of the prepayment.
4.5. In the case of a non-cash form of payment, the Buyer's delay in payment of the price of the GOODS for a period of more than 3 (three) days is a significant violation of this Agreement. In this case, the SELLER has the right to unilaterally, without the application of penalties to him, refuse to execute this Agreement, notifying the Buyer about it.
4.6. GOODS are supplied to the BUYER at prices, names, in quantities corresponding to the Buyer's ORDER.
5. Delivery of the GOODS.
5.1. The SELLER delivers the GOODS using its own or external delivery service.
5.2. The exact cost of delivery of the GOODS is determined by the SELLER's manager when placing the Order and cannot be changed after the Order has been agreed with the Buyer.
5.3. Delivery costs may vary depending on the weight, size of the GOODS, as well as the region and method of delivery.
5.4. When transferring the GOODS to the BUYER, a representative of the delivery service has the right to demand a document proving the identity of the buyer in order to counter fraud.
5.5. The SELLER undertakes to make every effort to deliver the GOODS ordered by the Buyer within the time frame indicated on the Site. However, the SELLER does not assume responsibility for delays that have occurred through no fault of the SELLER.
5.6. Ownership of the PRODUCT and all risks associated with the right of ownership pass to the BUYER at the time of receipt of the GOODS by the BUYER, which is confirmed by the BUYER's signature in the shipping documents confirming delivery.
5.7. In case of a change in the delivery time, the SELLER undertakes to immediately inform the BUYER about the change in the delivery conditions in order to obtain consent to the new conditions for the execution of the Order in whole or in part. The SELLER informs the BUYER by telephone or electronic communication.
5.8. Delivery of the GOODS to the BUYER is carried out at the address and within the terms agreed by the Buyer and the SELLER's manager when placing the ORDER.
5.9. The failure to appear of the buyer or failure to perform other necessary actions to accept the GOODS may be considered by the SELLER as the buyer's refusal to perform the Agreement.
6. Rights and obligations of the parties.
6.1. The SELLER undertakes:
6.1.1. Prior to the conclusion of the Agreement, provide the BUYER on the website of the online store with information about the main consumer properties of the GOODS, about the address (location) of the SELLER, about the manufacturer of the GOODS, about the full corporate name of the Seller, about the price and conditions of purchase of the GOODS, about its delivery, expiration date, storage rules, the procedure for paying for the GOODS, as well as the period during which the proposal to conclude an Agreement is valid.
6.1.2. Do not disclose any personal information of the BUYER and do not provide access to this information to third parties, except as provided by Ukrainian law.
6.1.3. To provide the BUYER with the opportunity to receive free telephone consultations by the phones indicated on the Website of the Internet store. The scope of consultations is limited to specific issues related to the implementation of the ORDER.
6.1.4. The SELLER reserves the right to change this AGREEMENT unilaterally until it is concluded.
6.1.5. Provide the BUYER in writing on the Site with information about the product provided for by the Law of Ukraine "On Protection of Consumer Rights", as well as information provided for in paragraph 9 of this Agreement on the procedure and terms for returning the goods.
6.2. The Buyer undertakes:
6.2.1. Before the conclusion of the agreement, see the content of the offer agreement, the terms of payment and delivery on the Website of the Internet store.
6.2.2. Provide accurate information about yourself (name, contact numbers, email address) and details for the delivery of the GOODS.
6.2.3. Accept and pay for the GOODS within the terms specified in this Agreement.
7. Responsibility of the Parties and Dispute Resolution.
7.1. The Parties are liable for non-performance or improper performance of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
7.2. The Seller is not responsible for the delivery of the Order if the Buyer provides an incorrect delivery address.
7.3. The SELLER is not liable if the BUYER's expectations about the consumer properties of the GOODS were not met.
7.4. The Buyer, when placing the Order, is responsible for the accuracy of the information provided about himself, and also confirms that he is familiar and agrees with the terms of this Agreement.
7.5. The SELLER is not responsible for the inability to service the BUYER for any reasons beyond his control, including disruption of communication lines, equipment malfunction, failure to fulfill the obligations of the suppliers of certain services.
7.6. If, for any reason, the SELLER does not ship the goods to the buyer or ship the GOODS out of time, the Seller's liability for the violation of the Offer Agreement is limited solely to the extension of the delivery time of the Goods.
7.7. The SELLER shall under no circumstances be liable under the Offer Agreement for: a) any actions and / or omissions that are a direct or indirect result of the actions / omissions of any third parties; b) any consequential losses and / or lost profits of the buyer and / or third parties, regardless of whether the SELLER could have foreseen the possibility of such losses or not; c) use (impossibility of use) and any consequences of the use (impossibility of use) by the Buyer of the form of payment chosen by him for the goods under the Offer Agreement.
7.8. The aggregate liability of the Seller under the Offer Agreement, for any claim or claim under the Offer Agreement or its execution, is limited to the amount of payment paid by the Buyer to the SELLER under the Offer Agreement.
7.9. Without conflicting with the above, the SELLER is released of liability for violation of the terms of the Offer Agreement if such violation is caused by force majeure circumstances (force majeure), including: actions of state authorities, fire, flood, earthquake, other acts of nature, absence of electricity and / or computer network failures, strikes, civil disturbances, riots, any other circumstances, not limited to the above, that may affect the SELLER's performance of the Offer Agreement.
7.10. All disputes and disagreements arising from the performance by the Parties of their obligations under this Agreement shall be resolved through negotiations. If it is impossible to eliminate them, the PARTIES have the right to apply for judicial protection of their interests.
8. Goods return and exchange.
8.1. Claims for the GOODS of inadequate quality.
GOODS of inadequate quality means a PRODUCT that cannot ensure the performance of its functional qualities. The received GOODS must correspond to the description on the site. A PRODUCT which design or decoration elements differ from those stated in the description on the site is not an inappropriate PRODUCT.
The apparent order and assortment of the GOODS, as well as the completeness of the entire order, must be checked by the Buyer at the time of delivery of the GOODS (except for delivery by mail or third-party delivery service / courier service).
Upon delivery of the GOODS, the BUYER puts his signature in the Delivery Certificate, in the line: “The goods were delivered in proper condition, in the proper range, the packaging has no external mechanical damage. The goods are in their original packaging." After receiving the order, claims for external defects of the GOODS, its quantity, assortment and / or presentation are not accepted.
If the BUYER received the GOODS of inadequate quality and this was not previously agreed by the SELLER, the BUYER has the right to use the provisions of the Law of Ukraine "On Protection of Consumer Rights" and demand the replacement of the GOODS, refuse to execute the sales contract, return the GOODS of inadequate quality and demand the return of the goods paid sum of money.
The SELLER is obliged to accept the GOODS of inadequate quality from the Buyer and carry out a quality check of the goods (examination) within 14 days from the date of the specified requirement. Upon confirmation of the inadequate quality of the GOODS, the SELLER is obliged to return the money paid for the GOODS.
Refunds to the BUYER are carried out within 10 (ten) banking days after the positive decision of the examination (recognition by the examination of the quality of the GOODS inappropriate) to the bank account of the BUYER. By additional agreement, money can be transferred by postal order or by courier. When returning the GOODS of good quality, the amount of the refund will be reduced by the amount of the commission for transferring funds to the buyer's account or for the departure of the courier to return the money, as well as the cost of returning the GOODS from the buyer back to the SELLER. When returning the GOODS of inadequate quality, the SELLER shall reimburse the BUYER for the cost of the returned GOODS, the cost of the commission for the transfer of funds (or departure of the courier) and the cost of the delivery paid by the consumer.
In case of correct execution of the Order by the SELLER, the BUYER has the right to fully or partially refuse to purchase the GOODS when the GOODS are handed over by the delivery service representative, paying the full delivery cost agreed with the Buyer when placing the Order on the Seller's Website.
8.2. Any of the listed requirements must be presented by the Buyer in writing by mail.
8.3. The buyer's request for the exchange or return of the GOODS is subject to satisfaction if the GOODS of inadequate quality were not in use, its consumer properties were preserved, the packaging was preserved and not damaged, the documents confirming the purchase of these GOODS in the online store were saved.
8.4. The term for returning goods of inadequate quality (printing defects) is 6 calendar months from the date of transfer of the GOODS to the BUYER, or at any time before the transfer of the GOODS to the BUYER.
8.5. The Buyer shall compensate the SELLER for the necessary transport costs incurred in connection with the organization of the exchange or return of the GOODS.
9. Force majeure circumstances.
9.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for the duration of the force majeure. Force majeure means extraordinary and insurmountable circumstances under these conditions that prevent the Parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military operations, states of emergency, major strikes, epidemics, etc.), prohibiting measures of state bodies (prohibition of transportation, currency restrictions, international sanctions trade bans, etc.). During this time, the PARTIES have no mutual claims, and each party assumes its own risk of the consequences of force majeure.
10. Duration of the contract.
10.1. This Agreement enters into force from the moment the buyer contacts the online store and makes an ORDER, and ends when the Parties fully fulfill their obligations.
11. Personal data.
11.1. The SELLER collects and processes the personal data of the BUYERS (namely: surname, name, patronymic of the buyer; delivery address; contact phone number) in order to: - Fulfill the terms of this Agreement; - Deliver the ordered Goods to the Buyer.
11.2. By ordering the GOODS in the online store, the Buyer consents to the collection and processing of his personal data in order to deliver the ordered GOODS and fulfill the terms of this Agreement.
11.3. When collecting and processing personal data of BUYERS, the SELLER does not pursue other goals, except for those established in clause 11.1 of this Agreement.
11.4. Only persons directly involved in the execution of ORDERS have access to personal data of BUYERS.
11.5. Information about the buyer can be transferred to the official authorities strictly in accordance with the requirements of the legislation of Ukraine.
11.6. The seller has the right to send advertising or information messages to the BUYER. The Buyer has the right to refuse advertising and informational messages by sending a written notice to the SELLER.