the announcement was amended on February 20, 2020.
Under this Agreement, one party Seller on the one hand, and any person who has accepted the terms of this Public Offer Agreement - Buyer, on the other hand, hereinafter jointly referred to as the Parties, have concluded this Public Offer Agreement (hereinafter - the Agreement) addressed to an unlimited circle of persons being official public offer of the Seller to conclude with the Buyers the contract of purchase and sale of the Products, the photos of which are placed in the relevant section of the Website https://intervision.ua/.
Sellers who intend to sell the Products through the Website https://intervision.ua/ and the Buyers upon purchase of the Products, the images of which are posted on the respective pages https://intervision.ua/, agree to the terms of this Agreement on the following.
1.1. The contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the website page https://intervision.ua/ in the relevant section of the button "CONFIRM" means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has taken to fulfill the terms of the Public Offer Agreement, which are set out below.
1.2. The contract of public offering is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, natural person-entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure of registration of the order, payment and delivery of the goods by the Seller, responsibility for the unfair order and for failure to comply with the terms of this Agreement.
1.3. This Agreement enters into force from the moment of clicking on the button "CONFIRM", which the Buyer agrees to make the purchase of the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and fully settles with them.
1.4. To regulate the contractual relations under the Agreement, the Parties select and, if necessary, apply the Ukrainian legislation. If an international treaty, the consent of which is provided by the Verkhovna Rada of Ukraine, sets rules other than those established by Ukrainian law, then the rules of the international treaty apply.
TERMS AND DEFINITIONS
"Public Offer Agreement" is a public contract, a sample of which is posted on the Website https://intervision.ua/, and the application of which is binding on all Sellers, containing the Seller's offer to purchase the Product, the image of which is posted on the Website https: / /intervision.ua/, directed to an indefinite circle of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the seller's offer to purchase the Product, the image of which is posted on the Website https://intervision.ua/, by adding it to the virtual basket and sending the Order.
"Product" is an item of trade (product, model, accessory, accessories and related items, any other items of trade), the purchase of which is offered on the Website https://intervision.ua/.
"Buyer" - any capable natural, legal person, natural person-entrepreneur, according to the current international and Ukrainian legislation, who visited the Website https://intervision.ua/ and intend to purchase this or that Product.
"Seller" - any capable natural, legal person, natural person-entrepreneur, according to the current international and Ukrainian legislation, who are the owners or distributors of the Goods and through the Website https://intervision.ua/ intend to sell it.
"Order" - duly executed and placed on the Website https://intervision.ua/ Buyer's application for the purchase of Goods addressed to the seller.
“Legislation” means the rules established by Ukrainian or international law for the regulation of contractual relations under the Treaty.
"Substantial Deficiency of the Product" - a deficiency that makes it impossible or unacceptable to use the Product in accordance with its intended purpose, arose due to the fault of the manufacturer (Seller), after its elimination again manifests for reasons other than the consumer.
SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the terms and in the order specified by this Agreement on the basis of the Order issued by the Buyer on the relevant page of the Website https://intervision.ua/, and the Buyer undertakes to buy the Goods and pay for it money.
3.2. The Seller warrants that the Goods are not pledged, are not subject to dispute, are not under arrest, nor are they entitled to any third party rights.
3.3. The Seller and the Buyer confirm that the present Contract is not a dummy or fraudulent transaction or a transaction made under pressure or deception.
3.4. The Seller confirms that it has all the necessary permits to carry out business activities that regulate the sphere of legal relations arising and operating in the course of execution of this Agreement, and also guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to be liable in case of violation of the rights of the Buyer in the course of performance of this Agreement and sale of the Goods.
SELLER'S RIGHTS AND OBLIGATIONS
4.1. Seller obliged:
fulfill the terms of this Treaty;
fulfill the Buyer's orders in case of payment from the Buyer;
to transfer to the Buyer the Goods according to the chosen sample on the relevant page of the Website https://intervision.ua/, the order and the terms of this Agreement are executed;
check the qualitative and quantitative characteristics of the Goods during their packaging in the warehouse;
notify the buyer of the possible additional commission for payment of European orders by Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing in this contract.
4.2. The seller has the right to:
to unilaterally suspend rendering of services under this Agreement in case the Buyer violates the terms of this Agreement.
Intervision.ua: 02160, Kyiv, str. Reunions 5
or a Business entity from among the persons offering for purchase on the Website https://intervision.ua/ the Goods under the uniform agreed rules set out in this contract of public offering.
BUYER'S RIGHTS AND OBLIGATIONS
5.1. Buyer is obliged to:
timely pay and receive the order under the terms of this Agreement;
to get acquainted with the information on the Product placed on the Website https://intervision.ua/;
when receiving the Goods from the person who made the delivery of them, make sure of the integrity and completeness of the Goods by examining the contents of the packaging. In case of damage or incomplete completion of the Goods - to fix them in an act, which together with the Buyer must be signed by the person who made the delivery to the Buyer.
5.2. The buyer has the right to:
place an order on the relevant page of the Website https://intervision.ua/;
require the seller to comply with the terms of this Agreement;
to inform about the possible additional commission for payment of European orders by Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.
ORDER OF ORDERING
6.1. The buyer independently places an order on the relevant page of the Website https://intervision.ua/ by adding the Goods to the virtual basket by pressing the button "Add to Cart!" Website https://intervision.ua/.
6.2. The term of order formation is up to 2 working days from the moment of its ordering. In case the order is sent on a weekend or public holiday, the term of formation starts from the first after the working day.
CONTRACT PRICE AND PAYMENT ORDER
7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website https://intervision.ua/. The contract price is determined by adding the prices of all selected Products placed in the virtual basket and the shipping price, which is determined depending on the method of delivery in accordance with the terms of section 8 of this Agreement.
7.2. The cost of the order may vary depending on the price, quantity or nomenclature of the product.
7.3. The buyer can pay for the order in the following ways.
by bank transfer to the Seller's current account specified in the account, incl. by means of Internet banking (the buyer pays the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
cash on delivery upon receipt of the Order at the representative office of the delivery service in the territory of Ukraine or in the territory of another country in accordance with the place of execution of the order of the goods.
Credit card of the following type:
in any other way agreed with the Seller.
Note. Upon payment by the Buyer of the payment by payment card it is possible to charge an additional fee by the issuer of this card, in particular when paying by the Buyer by payment card, it is possible to charge an additional fee for payment by the Buyer of European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. When clicked on the Website page https://intervision.ua/ in the corresponding section of the button "CONFIRM" means that the Seller has informed the Buyer of the possibility of charging an additional fee when paying by the Buyer for European orders, by the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic , Maestro.
CONDITIONS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery or receives them personally. The procedure for payment and receipt is indicated on the relevant page of the Website https://intervision.ua/.
8.2. When delivering the Goods to other cities of Ukraine or in the territory of another country performed by other Delivery Services (hereinafter the Carrier Companies), the Buyer fully and unconditionally agrees with the Rules of Carriage of Goods by these Carrier Companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own signature in the goods and transport invoice, the declaration of the Carrier Company, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, in full according to the specification of the Goods and in proper (working) condition and quality.
The Buyer can find out all the issues arising during the payment and receipt of the Goods in the Contacts section.
CONDITIONS OF RETURN OF GOODS
9.1. In accordance with Art. 9 of the Law of Ukraine "On Consumer Protection", the Buyer has the right to exchange the good quality Goods within fourteen days, not counting the day of purchase, if a longer term is not declared by the Seller. The buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return shall be made in accordance with the section of the Return Site, subject to the terms and conditions of the carrier or courier operating in the territory of Ukraine or in the territory of another country in accordance with the place of receipt of the Goods.
9.3. In case there is at least one of the above disadvantages, the Buyer is obliged to fix it in a written act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the defects should be fixed by photo or video. Within 1 (one) day the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the Goods) of the identified deficiencies and to agree on the replacement of the Goods, while filling in a claim form for the return of the goods on the site https://intervision.ua/.
9.4. The Parties agreed that in case of non-compliance with the mandatory requirements of the said procedure, the receipt of the Goods by the Buyer in the proper state - without any mechanical damages and in full completeness - shall be recognized.
RESPONSIBILITIES OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties are responsible for the non-fulfillment or improper fulfillment of the terms of this Treaty in the manner provided by this Treaty and the applicable international and Ukrainian legislation.
10.2. In the event of disputes related to the fulfillment by the Parties of this Agreement, with the exception of disputes on debt collection from the Buyer, the Parties undertake to resolve them by negotiating with compliance with the claim procedure. The term of consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes related to debt collection from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Treaty, including those concerning its execution, violation, termination or invalidity, shall be settled in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJOR CIRCUMSTANCES
11.1. The parties are not responsible for the failure to fulfill any of their obligations, except for the obligations to pay, if they prove that such default was caused by force majeure circumstances, that is, events or circumstances that are really beyond the control of such party, occurred after the conclusion of this Agreement, are unpredictable and inevitable.
Force majeure includes, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and unannounced), insurgencies, loss of goods, delays of carriers caused by accidents or adverse weather and adverse weather, accidents at sea, embargoes, catastrophes, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances have directly affected the enforcement of of this Treaty.
11.2. A Party that has become unable to fulfill its obligations under this Agreement due to force majeure must immediately inform the other Party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by the authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which implementation has been postponed due to the circumstances.
11.4. If due to circumstances of force majeure, the default of this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by giving written notice to the other party.
Notwithstanding the occurrence of force majeure, prior to termination of this Agreement, due to force majeure circumstances, the Parties shall make final settlements.
OTHER CONDITIONS OF THE CONTRACT
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 the order of the Goods, sending advertising messages, etc.).
12.2. By personally accepting the Agreement or registering on the Website https://intervision.ua/ (filling in the registration form) the Buyer voluntarily agrees to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, in including for processing orders for the purchase of goods, obtaining order information, sending telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information on promotions, ro Another ыhrыshy or any activity info website https://intervision.ua/.
For the purposes provided for in this paragraph, the Buyer shall have the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as to send SMS messages, to make calls to the telephone number specified in the questionnaire.
12.3. The buyer gives the right to carry out the processing of his personal data, including: to put personal data in databases (without further notification about it), to carry out lifelong storage of data, their accumulation, updating, change (as needed). The Seller undertakes to protect the data from unauthorized access of third parties, not to distribute or transmit the data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, as well as to the obligatory request of the competent state