PUBLIC CONTRACT (TENDER) to order, purchase and sale and delivery goods
1. GENERAL PROVISIONS
1.1. This Agreement is public contract - offer (offer) Kuchyn Anton, an individual entrepreneur Borisovych, resident of Ukraine, payer of the unified tax of 2 groups in accordance with Article 133 of the Tax Code of Ukraine , acting on the basis of the entry in the single state register of legal entities, individual entrepreneurs and public formation No. 22300000000025645 dated 15.08.2018 in person Kitchen of Anton Borysovych, later "Seller" and user of services online store, regardless of status (individual, legal entity, physical entrepreneur), hereinafter "Buyer".
1.2. This Agreement defines the terms purchase of products, hereinafter "Product", By the buyer through the Seller's online store.
1.3. The offer is an official document FOP Kuchyn Anton Borisovych has the necessary due legal force and published on the website (online store) of the Seller brionexi.com .
1.4. The contract is public according to from Art. 633 and Art. 641 of the Civil Code of Ukraine and has the appropriate legal force.
1.5. In accordance with Art. 642 of the Civil Code of Ukraine in full and unconditional acceptance of the terms thereof contract-offer confirming the conclusion There is a contract on the proposed terms the fact that the Buyer has paid the price ordered on the website of the online store (or in another way) of the goods.
1.6. In this offer, if the context does not require otherwise, the following terms have the following values:
"Online store" - site A seller created for the contract Retail and wholesale contracts purchase and sale, after familiarization Buyer with the offered Product The seller in the photos is remote way.
"Seller" - organization, regardless of its organizational and legal status forms, and/or an individual entrepreneur, who sells goods.
"Goods" - products, offered for sale and posted on website brionexi.com .
"Buyer" - physical and/or legal entity that carries out order on the website brionexi.com .
"Recipient" - physical and/or a legal entity designated by the Buyer, which must receive the ordered Goods.
"Accept" - full and unconditional acceptance of the conditions by the Buyer Agreement.
"Orders" are separate items from the assortment list of the goods specified by the Buyer during registration applications on the website.
2. SUBJECT OF THE CONTRACT
2.1. The seller undertakes transfer the ownership of the Goods to the Buyer, a The buyer undertakes to pay and to accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of full payment and unquestionable acceptance by the Buyer of the terms of the Agreement shall be deemed to be the date of completion The buyer of the order form located on the website of the online store, provided receipt by the Buyer from the Seller order confirmation in electronic form form.
2.3. The contract concluded by the Buyer by means of the acceptance of this public offers, has legal effect in compliance with Article 642 Civil of the Code of Ukraine and is equivalent of the contract signed by the Parties.
2.4. The seller sells and delivery of the Goods in accordance with the current the price list published on the website brionexi.com, and the Buyer pays and accepts the Goods in accordance with the terms of this Agreement.
2.5. Acceptance of valid public offers means the Buyer's full agreement with under the terms of this Purchase - Sale Agreement (public offer of the Internet store).
2.6. The contract is concluded for with the help of information and telecommunications systems and is considered concluded in in writing.
2.7. This Agreement is a contract accession in accordance with Art. 634. Central Committee of Ukraine.
2.8. Use of the resource Internet - a store to browse of the product, as well as for processing the Order is free of charge for the Buyer.
3. ORDER PROCEDURE
3.1. Order formation.
3.1.1. Orders are accepted through the site brionexi.com in working time of the Seller.
3.1.2. All types of delivery are marked in the "Delivery" section on the website Seller.
3.1.3. If there was an order fully executed and paid for by the Buyer, the product will be shipped soon.
3.1.4. If there was an order placed after 5:30 p.m., the order is processed is carried out on the next working day.
3.1.5. When placing an order The buyer must be as accurate as possible specify the data of the Recipient. Unfaithful information provided by the buyer may prevent the execution of the order in specified time In this case, delivery is postponed until the moment of clarification correct data of the Recipient.
3.1.6 When placing an order on the website of the online store Buyer undertakes to provide the following mandatory information necessary for the Seller to order fulfillment:
3.1.6.1 surname, first name, patronymic Buyer;
3.1.6.2 address to follow deliver the Goods (if delivery to the address Buyer);
3.1.6.3 contact phone number.
3.1.6.4 Identification code for a legal entity, an individual entrepreneur, natural person.
3.1.7 Name, quantity, article number, price of the Product selected by the Buyer are indicated in the Buyer's basket on the website Online store.
3.1.8 If any of the Parties the contract requires additional information, he has the right to invite her to another to the side In case of failure to provide the necessary information by the Buyer, the Seller does not bear responsibility for providing quality services to the Buyer when purchasing goods in online store.
3.1.9 Acceptance of terms by the Buyer this Offer is carried out with the help of entry of relevant data by the Buyer in registration form on the website of the online store or when placing an Order through the operator After placing the Order data about the Buyer through the Operator entered into the Seller's database.
3.1.10 The buyer is responsible for the reliability of the information provided when placing the Order.
3.1.11 By entering into the Agreement, i.e accepting the terms of this offer (proposed conditions of purchase of the Goods), by placing an Order, the Buyer confirms the following:
а) The buyer is fully and completely read and agree to the terms of this proposals (offers);
b) he gives permission to collect, processing and transfer of personal data, permission to process personal data is valid throughout the term of the Agreement, and also for an unlimited period after its expiration. Beside this, by concluding the contract, the Buyer confirms that that he is notified (without additional notification) about the rights established The Law of Ukraine "On the Protection of Personal data", about the purposes of data collection, as well as that his personal data are transferred to the Seller for the purpose of possibility fulfillment of the terms of this Agreement, possibilities carrying out mutual settlements, as well as to receive bills, acts and others documents The buyer also agrees with what the Seller has the right to provide access and transfer it personal data to third parties without any additional messages of the Buyer with the purpose fulfillment of the Buyer's order. Amount rights of the Buyer as a personal subject data in accordance with the Law of Ukraine "About protection of personal data" to him known and understood.
3.1.12. In case of implementation Ordering is not for the purpose of satisfaction personal needs, not directly related to business activities or by performing the duties of an employee the employee's application of the law "On protection of rights consumers" will not be distributed on the Buyer.
3.2. Order payment procedure.
3.2.1. Order payment means consent of the Buyer to conclude this Agreement with the Seller.
3.2.2. The buyer pays the cost order under the Agreement by transfer of funds to the Seller's current account. By date payment is considered the day of receipt funds to the Seller's account.
3.2.3. The buyer has the right confirm or cancel the order until it is paid.
3.2.4. Orders are accepted to be executed only after receipt funds to the Seller's account or approval of payment by cash on delivery payment.
3.2.5. Services of payment systems, terminals, the Buyer pays additionally.
3.2.6 Calculations based on this data The contract is carried out in the national currency of Ukraine (hryvnia).
3.2.7 Payment of the entire cost The goods indicated in the invoice are carried out The buyer by 100% prepayment or for by agreement of the Parties.
3.3. Order delivery conditions.
3.3.1. When placing an order The buyer must clearly state the requirements regarding its delivery.
3.3.2 Seller releases/delivers Goods to the buyer within 3 (three) working days days from the moment of transfer by the Buyer funds or as agreed by the Parties.
3.3.3 On weekends and holidays and after working hours The product is not is sent.
3.3.4. Place of delivery of goods The seller under this Agreement is the warehouse Carrier.
3.3.5 The goods are considered delivered By the seller and accepted by the buyer in terms of quality and quantities according to the "Instructions on procedure for receiving PTN products and goods of national consumption in quantity and by quality P-6, P-7", respectively.
4. Rights and obligations of the Parties
4.1. The seller is obliged to:
4.1.1. Hand over the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
4.1.2. Do not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases where provided by law and during execution of the Buyer's Order.
4.2. The seller has the right to:
4.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally, placing them on the website of the online store. All changes take effect from the moment their publications.
4.3 The buyer undertakes:
4.3.1. Until the moment of conclusion Read the content of the contract Agreement, terms of the Agreement and prices, offered by the Seller on the website Online store.
4.3.2. To be performed by the Seller of its obligations to the Buyer last must report all necessary data, which uniquely identify him as of the Buyer, and sufficient for delivery to the Buyer of the ordered Goods.
4.3.3. Do not give up The product, if it corresponds to the application and GOST, TU, DIN.
5. ORDER CREATION. REPLACEMENT MISSING COMPONENTS
5.1. The seller creates an order according to the Buyer's requirements.
5.2. If the Seller does not have it a specific Product for placing an order for any reason, Seller for in agreement with the Buyer can carry out replacement.
5.3. If the appearance goods differs from the image on the Seller's website, it cannot be defect or reason for return funds or replacement of the order.
5.4. All information materials, presented on the website brionexi.com are indicative and cannot fully convey a reliable information about certain properties and product characteristics. In case of occurrence questions from the Buyer concerning properties and characteristics of the Product, before placing an order with him it is necessary to seek advice to the administrator of the online store by phone or send a request to the site according to the usual order procedure. The color of the product on the mobile screen device or PC may differ from the color of the product in real form, because the screens of the devices do not transmit 100% shade on the color of the product.
6. REPLACEMENT OF GOODS. RETURN GOODS. MONEY REFUND.
6.1 In case of delivery of goods of inadequate quality or completeness, The seller is obliged to replace the goods or return funds within 3 working days.
6.2. The buyer has the right to issue complaint letter using feedback form on the site or to the email address: office@brionexi.com , indicating the reason and providing the relevant description and photo for confirmation.
6.3. In case of exchange or return the Buyer or Recipient of the goods must return the previous product in the same in the condition in which it was delivered to him.
6.4. The seller can refuse in exchange or compensation, if the Goods corresponds to GOST, TU, DIN and the Buyer's application.
6.5. In other cases, the Seller considers the complaint within 3 working days days from the day of its receipt, and the results the Seller informs about the consideration of the complaint in electronic form.
7. INTELLECTUAL PROPERTY. COPYRIGHT.
7.1. The seller has the right to use of the Trademark BRIONEXI on the basis of ownership.
7.2. Clause 2.4 of Article 16 of the Law of Ukraine "On protection of rights to signs for goods and services" it is established that the certificate entitles its owner use the mark and other rights, defined by this Law.
7.3. According to Art. 20 of the Law of Ukraine "On protection of rights to signs for goods and services" any infringement on the rights of the holder of the certificate provided for Art. 16 of this Law, including the commission without the consent of the holder of the action certificate that need his consent and preparation before committing such actions, it is considered violation of the rights of the owner of the certificate that entails responsibility according to with the current legislation of Ukraine.
7.4. Violation of the rights of the owner certificate is also considered to be used without his consent in the domain names of the marks and designations specified in clause 5 of Art. 16 of this of the Law.
7.5. For legal use TM - applying it to any product, for which the mark is registered, further on the text referred to as "Goods", packaging, which contains such a Product, a sign, label, patch, tag or other item attached to the product, storage of such a product with the specified sign for sale, offering it for sale, sale, import and export (removal); application it in business documentation or in advertising and on the Internet, including domain names, need to get separate permission.
7.6. If the subjects of the business activity showed a desire to use TM in its activity, with the permission of its use they can turn to by letter to the e-mail address office@brionexi.com .
7.7. The seller is the owner exclusive property copyright on a number of photographic and graphic works images on the site and is their sole author. The seller uses photographic works by publishing them on the website brionexi.com to illustrate goods and services.
7.8. Subject of exclusive property copyrights to photographic works may authorize the use of these works to third parties and prohibit them use, if any, without obtaining permission. Photo owner, posted on the website brionexi.com , gives permission to use his photo only in the case when a link will be placed on the photo original source.
7.9. If there were other authors the placement of their photo works on website brionexi.com all claims are accepted at office@brionexi.com .
8. TERM OF THE CONTRACT. ORDER AMENDMENT
8.1. Acceptance of the Offer is by the Buyer confirmation of the conclusion of the Agreement for terms of the Offer.
8.2. The contract enters into force from the moment of payment of the order by the Buyer and is valid until the time of execution by the Seller obligations under this Agreement.
8.3. The seller has the right to deposit changes in the text of this Agreement to your own discretion at any time and without prior message of the Buyer. Current (valid) the version of the Agreement is always available at site.
8.4. The buyer agrees and acknowledges that making changes to the Offer entails making these changes to the contract itself already valid Agreement between the Buyer and Seller; changes in the Agreement are added effective with such changes in the Offer.
9. PRIVACY
9.1. Buyer is responsible for maintaining your personal data in current condition. The seller does not carry responsibility for poor performance or non-fulfillment of their obligations in due to the irrelevance of information about the Buyer or its inconsistency reality.
10. RESPONSIBILITY
10.1. The recipient or the one who accepted the goods at the time of absence The recipient bears all risks associated with loss or damage to goods from at the time of its acceptance.
10.2. The seller has the right to transfer their rights and obligations regarding performance orders to third parties without resigning from responsibility.
10.3. The seller does not carry liability for improper use or storage of goods by the Buyer, which were ordered on the website brionexi.com .
10.4. Responsibilities of the parties in other cases it is determined accordingly to the legislation of Ukraine.
10.5. The parties agree that any disputed situations, resolution which could not be reached through negotiations, are decided in accordance with the current Ukrainian legislation.
11. IRREVOCABLE CIRCUMSTANCES FORCES
11.1. The parties are released from responsibility for full or partial non-fulfillment of one's obligations under By contract, if there is such non-performance as a result of force majeure circumstances, which arose after the conclusion of the Agreement, and which the Parties could not even foresee, nor warn by reasonable measures. To such extraordinary circumstances include flood, fire, earthquake and other natural disasters, as well as war, military actions and any other circumstances beyond the control of the Parties.
11.2. The party that cannot fulfill obligations under this Agreement as a result of force majeure circumstances forces, must within 10 (ten) workers days from the moment of their occurrence to report about this to the other Party in writing. Untimely notification deprives the Party the right to refer to any of the above circumstance as a ground that exempts from liability for non-fulfilment obligations.
11.3. In the case when the validity period force majeure continues more than 10 days, each of the Parties in has the right to terminate in accordance with the established procedure this Agreement.
SELLER DETAILS:
FOP Kuchyn Anton Borisovych
IBAN UA563077700000026003711158565;
at the JSC bank "A-BANK";
UDR code 3325313015;
0987777281;