PUBLIC DONGLE
for ordering, buying, selling, and delivering goods.
1. GENERAL PROVISIONS OF THE AGREEMENT
1.1. This agreement is an official offer of TM FREEVER, represented by FOP Baturina Lyudmila Leonidovna and FOP Schmidt Elena Sergeevna (hereinafter referred to as the “Seller”) to the buyer (hereinafter referred to as the “Buyer”) to conclude a contract for the sale of goods presented on the website https://freever.ua (hereinafter referred to as the “Website”). This agreement is a public agreement, 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 preference to one buyer over another.
1.2. 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 an unfair order and all other terms of the Agreement.
1.3. The moment of full and unconditional acceptance by the Buyer of the Seller's offer to conclude an electronic contract for the sale of goods shall be deemed the fact that the Buyer has paid for the order under the terms of this Agreement, within the terms and at the prices specified on the Seller's website.
2. DEFINITION OF TERMS
2.1. A public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods with the Seller by remote means (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.
2.2. “Product” is a list of items offered for sale in the online store.
2.3. “Online Store” (the Seller's website at www. Freever.ua) - in accordance with the Law of Ukraine ‘On Electronic Commerce’ - is a means for the presentation or sale of goods, work or services by means of an electronic transaction.
2.4. “Seller” means the company that sells the goods presented on the Website. “Seller” - individual entrepreneur FOP Baturina Lyudmila Leonidovna and FOP Schmidt Elena Sergeevna, registered in accordance with the current legislation of Ukraine and selling goods presented on the website.
2.5. “Buyer” means a legally capable individual who has reached the age of 18, a legal entity, an individual entrepreneur who has entered into the Agreement with the Seller on the terms set forth below.
2.6. “Order” means the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
3. SUBJECT MATTER
3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
3.2. This Agreement governs the sale and purchase of goods in the Online Store, including:
3.2.1. voluntary selection of goods by the Buyer in the Online Store;;
3.2.2. independent execution of the Order by the Buyer in the online store;
3.2.3. payment by the Buyer of the Order placed in the Online Store;
3.2.4. processing and delivery of the Order to the Buyer in the ownership under the terms of this Agreement.
4. ORDERING PROCEDURE
4.1. The buyer independently places an order in the online store for any product in stock in one of three ways: through the “Shopping Cart” form or by placing an order by e-mail or phone specified in the contacts section.
4.2. Each item can be presented in the order in any quantity.
4.3. If the goods are not in stock, the Seller shall notify the Buyer (by phone or e-mail).
4.4. In the absence of the goods, the Buyer has the right to: replace the goods with a similar one, refuse the goods or cancel the order.
5. PRICE AND PAYMENT PROCEDURE FOR THE ORDER
5.1. The price of the Goods specified in the Online Store may be changed by the Seller unilaterally. In this case, the price of the Goods ordered by the Buyer is not subject to change.
5.2. Payment for the Order is made in the national currency of Ukraine in the following ways:
5.2.1. Pay online through the online store using the LiqPay service.
5.2.2. Payment to the card according to the Seller's details in the amount of 100% of the Order value, the purpose of payment must be indicated by the order number. Payment details will be sent in a message.
5.2.3. Payment by cash on delivery upon receipt of the goods at the branch of the transport company for cash.
5.3. In case of non-receipt of funds, the Online Store reserves the right to cancel the Order.
5.4. The Order is considered paid from the moment of receipt of payment to the Seller's account. The fact of payment for the Order indicates the Buyer's consent to the terms of this agreement.
6. TERMS OF DELIVERY AND RECEIPT OF THE ORDER
6.1. Goods purchased in the online store are delivered to the warehouses of transportation companies, where orders are issued.
6.2. In order to receive the Order, the Buyer is obliged to provide an identity document, including any document using the Diia application.
6.3. Upon receipt of the Order, the Buyer is obliged to put his signature in the documents confirming receipt of the Order.
6.4. Together with the Order, the Buyer shall be provided with the documents required by the legislation of Ukraine.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The seller is obliged to:
7.1.1. To transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
7.1.2. 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 in the course of fulfillment of the Buyer's Order.
7.2. The seller has the right to:
7.2.1 To 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 shall take effect from the moment of their publication.
7.3 The buyer is obliged:
7.3.1 Prior to 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 of the online store.
7.3.2 In order to fulfill the Seller's obligations to the Buyer, the latter must provide all the necessary data identifying him as the Buyer and sufficient to deliver the ordered Goods to the Buyer.
7.4. The buyer has the right to:
7.4.1. Require the Seller to fulfill the terms of this Agreement.
7.4.2. The Buyer has the right to return the goods to the Seller in accordance with the Law of Ukraine “On Protection of Consumer Rights”.
8. RETURN OF GOODS OF PROPER QUALITY
8.1. The Buyer has the right to return the goods of good quality to the Seller if the goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, not counting the day of purchase. Good quality goods shall be returned if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the goods are preserved.
8.2. The cost of the Goods of good quality shall be refunded to the Buyer within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 8.1. of the Agreement, the current legislation of Ukraine.
8.3. The cost of the goods shall be refunded by bank transfer to the Buyer's account.
8.4. The return of the Goods of good quality to the Seller's address shall be made at the Buyer's expense and shall not be reimbursed by the Seller to the Buyer.
9. RESPONSIBILITY OF THE PARTIES
9.1. The Parties shall be liable 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.
9.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides inaccurate or false information.
9.3. The Seller shall not be liable for delays and interruptions in the provision of the Services (order processing and delivery of goods) that occur for reasons beyond its control.
9.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.
9.5. The Buyer is responsible for the accuracy of the information provided when placing an order. At the same time, when placing an order and its subsequent payment, the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data.
10. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
10.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the validity of such consent.
10.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides 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 requirements of the current legislation of Ukraine.
11. OTHER TERMS AND CONDITIONS
11.1. This agreement is concluded in Ukraine and is valid in accordance with the current legislation of Ukraine.
11.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply for the resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
11.3. The Seller shall have the right to amend this Agreement unilaterally in accordance with clause 7.2. of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
11.4. The information provided by the Buyer is confidential. The Online Store uses the information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, making settlements, etc.
12. CONTRACT TERM
12.1.An electronic agreement shall be deemed concluded from the moment the person who sent the proposal to conclude such an agreement receives a response on acceptance of this proposal in accordance with the procedure established by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
12.2. Prior to the expiration of the Agreement, it may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refunding the money
12.3. The Parties shall have the right to terminate this Agreement unilaterally in case of failure of one of the Parties to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
Seller details
FOP Baturina Lyudmila Leonidovna
EDRPOU: 2922215803
Account: UA 18 935871 0000 0673 2500 0003 501
in NovaPay LLC
mob. 093-366-29-53
Ukraine, Odesa region, Ovidiopol district, urban-type settlement. Avangard, Rozheva str., 4420
Elena Schmidt
EDRPOU: 3255521207
Account: UA 31 305299 0000 0260 0600 4905 799
in PrivatBank
mob. 067-801-65-13
Ukraine, Odesa region, Ovidiopol district, urban-type settlement. Avangard, 4420 Rozheva str.