Public offer
This public offer contract (hereinafter – the contract) is a public contract in accordance with Article 633 of the Civil Code of Ukraine. Its conditions are the same for all buyers, regardless of their status (individual, legal entity, entrepreneur). Upon acceptance of the contract of the public offer, the buyer accepts all the terms of the contract and the procedure for placing the order, payment, and delivery of the goods.
The contract is concluded between the online store “Mogardi”, hereinafter referred to as the “seller”, and any legal entity, individual entrepreneur or natural person, the buyer of goods of the online store, hereinafter referred to as the “buyer”, who places an order and fulfills order Purchase of products whose images are posted on https://mogardi.com/.
When placing an order on the website, the buyer voluntarily confirms his agreement with the following conditions:
General provisions 1.1. This Agreement is a public offer and does not require a signature (according to Articles 633, 641, and Article 63 of the Civil Code of Ukraine). A public offer contract has the same legal force as a contract concluded on paper. This contract contains all the essential conditions regarding the organization of sales and remote sales (using the Internet, which excludes the possibility of a direct acquaintance of the buyer with the goods).
1.2. In the case of acceptance of the terms of this Agreement (that is, a public offer of the online store), the citizen (or legal entity) who accepts the offer becomes a buyer. According to Art. 642 of the Civil Code of Ukraine, the fact of payment of the order in the amount of 100% under the terms of this Agreement is considered a full and free acceptance (acceptance) of the agreement.
1.3. The seller carries out retail sales of goods through the online store https://mogardi.com/.
1.4. Within the framework of this agreement, the design (image of the product according to a certain article) of the product item is recognized as a product model.
1.5. The seller reserves the right to unilaterally make changes to this contract without prior notification to the buyer.
Rights and obligations of the buyer
2.1. To place an order, the buyer undergoes automatic registration on the website.
2.2. The buyer fixes the product according to the catalog on the website and sends it to the seller.
2.3. If the buyer has questions about the properties and characteristics of the product, the buyer can contact the seller in any available way before placing the order.
2.4. The buyer undertakes to correctly indicate his personal data in the order: surname, first name, and contact phone number, including city code, exact and complete delivery address (New Post number).
2.5. The buyer has the right to refuse the delivered goods. In case of refusal, the buyer fully pays the seller’s transport costs incurred by him for the delivery of the goods to the buyer’s city and the return of the goods to the seller’s city at the current rates of the courier service.
2.6. The buyer pays for the order by any method chosen in the online store within three working days from the moment of agreeing with the delivery cost and in the amount of 100% prepayment.
Rights and obligations of the Seller
3.1. The Seller informs the buyer about the acceptance of the order by phone and/or e-mail, and also agrees on additional characteristics, product configuration, and its cost.
3.2. The seller undertakes to deliver the goods in accordance with the received order, in the quantity, at the price, and in the terms previously agreed with the buyer.
3.3. The seller guarantees the availability of products of his samples in the catalog. The characteristics and appearance of the product declared on the website may differ slightly from the model.
3.4. The seller is not responsible for the reliability and correctness of the information provided by the buyer during registration.
3.5. The seller is not responsible for the timeliness of the delivery of the order if the buyer has provided complete or false information about himself.
3.6. To pay for orders, the buyer provides data about his payment instruments (bank cards, bank accounts, CVV codes, bank passwords, logins, etc.) to third parties – banks, payment systems (Liqpay, Privat 24, etc.). ), financial institutions, etc. The seller does not have access to, does not receive, and does not store information about the buyer’s payment instruments, and therefore the seller is not responsible for the protection of such information and damages caused to the buyer as a result of their leakage and malicious actions of third parties.
3.7. The seller is not responsible, cannot act as a defendant in court, and does not compensate the buyer for losses incurred as a result of the actions or inaction of third parties.
Delivery
4.1. Delivery of goods is carried out throughout the territory of Ukraine by new mail (according to current tariffs).
4.2. The seller will make every effort to comply with the delivery date previously agreed with the buyer. However, delivery delays are possible due to unforeseen circumstances not caused by the seller.
4.3. When receiving the order in the mail, the buyer must check the parcel. If pi
after inspection, if the goods are missing, replaced, or damaged, the Buyer must record this in the completed Deed of Rejection of the Goods of any form and notify the Seller about the problem by any available
way Otherwise, the Seller is not responsible for possible damage or theft of the parcel.
4.4. The goods are considered to be accepted by the Buyer as their property in full and without objection, and the Seller’s obligations under the Agreement are fulfilled in the following cases:
a) The buyer has signed receipts or similar documents;
b) The buyer has violated the procedure for accepting the goods, set forth in clause 4.3. agreement
COST OF GOODS
5.1. The exact price of the product is indicated in the catalog on the Site.
5.2. The price of goods on the Site can be changed unilaterally by the Seller.
RETURNS AND WARRANTY SERVICE
6.1. The buyer can return or exchange a good quality product within 14 days from the moment of delivery of the order.
6.2. The exchange of goods of appropriate quality is carried out on the condition that it has not been used and its appearance, consumer properties, seals, and labels have been preserved, as well as on the presence of a document confirming the purchase of this product from the Seller.
6.3. Goods, the list of which is approved by the Resolution of the CMU of March 19, 1994, No. 172, are not subject to exchange (return).
6.4. If a defect is discovered, the Buyer undertakes to inform the Seller about it within 14 days from the moment of delivery of the order. To confirm the defect, the product is sent to the Seller for examination. In the positive case, the Buyer will be reimbursed the full value of the product.
6.5. Delivery of goods to the Seller for warranty repair is carried out by the Buyer.
6.6. Improper care or misuse of the product resulting in breakage/wear and tear is not a manufacturing defect and products with such defects are not eligible for return.
MISCELLANEOUS
7.1. The Buyer gives the Seller permission to process his personal data for the purpose of fulfilling the terms of this Agreement, the possibility of making mutual settlements, as well as for receiving invoices, acts, and a number of other documents.
7.2. All information provided by the Buyer to the Seller may not be transferred for review and/or use to third parties, except for the written permission of the Buyer to transfer this information and cases when it is required by Ukrainian or international legislation and/or authorities in accordance with the legal procedure.
7.3. The current legislation of Ukraine applies to the relationship between the Buyer and the Seller.
7.4. In case of questions and claims on the part of the Buyer, he should contact the Seller in any available way. In the event of a dispute, the parties will try to resolve it through negotiations. In case of the impossibility of resolving contradictions through negotiations, the parties have the right to apply for judicial protection of their interests.
DURATION OF THIS AGREEMENT
8.1. This Agreement enters into force from the day of placing an order in the online store https://mogardi.com/ and is valid until all terms of the Agreement are fulfilled.