The website is an openly accessible website for free visual inspection at https://svarga.ua/, owned by (or lawfully used by) Opalchuk Olga Serhiivna, through which services/goods are provided/sold.
According to current Ukrainian legislation, trade through an online store is considered distance selling.In this regard, the online resource of the store https://svarga.ua is a trading platform between the buyer and the seller FOP Opalchuk O.S.C.are formalized in the form of a public offer agreement.
Clicking the “Confirm” button on the checkout page means that the buyer, regardless of status (individual, legal entity, individual entrepreneur), accepts the terms of the public offer agreement specified below, in accordance with current Ukrainian legislation.
The public offer agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur).By fully agreeing to this Agreement, the buyer accepts the terms and procedures for placing an order, payment for the goods, delivery of the goods, liability for unscrupulous ordering, and for non-fulfillment of the terms of this agreement.
The contract is considered concluded from the moment the “Confirm” button is pressed on the checkout page and the purchase is confirmed.If necessary, at the buyer’s request, the contract can be drawn up in simple written form.
Essential terms of the public offer agreement
1.Conditional Agreements
1.1 Definitions – the definitions present in this agreement are an integral part of it.
1.2 Definitions are interpreted based on their substance and the content of this agreement.The following is a list of these definitions:
Trading platform, online store.
Product – an object of the agreement between the parties, which was selected by the buyer in the online store https://svarga.ua and placed in the cart of the online store https://svarga.ua.
Buyer – any capable natural person, legal entity, individual entrepreneur, in accordance with current Ukrainian legislation, who has visited the website https://svarga.ua, intends to purchase the Product, and pay for the receipt of such Product.
Seller – FOP Opalchuk O.S.owner of the product offered on the online store platform https://svarga.ua.
2.General Provisions
2.1 This public offer (hereinafter referred to as the Agreement) defines the specifics of the sale and purchase of goods on the website https://svarga.ua.
This offer applies to any product offered for sale (purchase) on the website https://svarga.ua.
3.Subject of the public offer agreement.
3.1 Providing the Buyer with access to all necessary information about the Product (which confirms its quality and safety of use), presented within the project https://svarga.ua.
4.Date of contract conclusion.
4.1 The text of this Agreement is a public offer and is valid for all visitors to the online store https://svarga.ua who intend, wish, and are able to purchase goods for home, office, apartment, or any other state or private institutions.
4.2 Acceptance of the offer – the purchase of goods in the manner defined by this agreement, at the prices indicated on the internet resource https://svarga.ua, with agreement to the terms of payment and delivery of the goods.
4.3 The fact of purchasing the Product is the Buyer’s unequivocal acceptance of the terms of this Agreement.A customer who has used the services of https://svarga.ua is considered a person who has entered into contractual relations with the Seller.
5.Rights and obligations of the parties.
5.1 https://svarga.ua undertakes to transfer the goods to the Buyer:
- at a certain location
- in a certain quantity
- in the appropriate completeness and in the set, if such are provided
- proper quality
- free from third-party claims
5.1.1 From the moment of concluding this Agreement, fully ensure all obligations to the Buyer in accordance with the terms discussed jointly by the website https://svarga.ua and this agreement.
FOP Opalchuk O.S.reserves the right not to fulfill obligations in the event of force majeure circumstances.
5.1.2 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 or at the request of the Buyer.
5.2 https://svarga.ua has the right to:
5.2.1 To unilaterally change the terms of this Agreement, as well as the Tariffs (prices) for Goods and services, by posting them on the server at https://svarga.ua.
5.2.1.1 All changes take effect immediately upon publication.
5.2.2 Refuse to provide services without explanation.
5.2.3 Send promotional and informational emails to customers.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement, and the tariffs (prices) offered by the Seller on all pages of the website https://svarga.ua.
5.3.2 To fulfill its obligations to the Buyer, the Seller must be provided with all necessary data that unambiguously identifies the Buyer and is sufficient for the delivery of the Goods paid for by the Buyer.
6.Disclaimer of Warranties
6.1 The Seller makes every effort to ensure the quality of services provided to the Buyer.Advice and information provided to the Buyer cannot be considered warranties.
6.2 The Parties shall be released from liability for non-performance or improper performance of their obligations under this Agreement for the duration of the “force majeure” event.”Force majeure” means extraordinary and unavoidable circumstances under the given conditions that prevent the parties from fulfilling their obligations under this Agreement.These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, major strikes, epidemics, etc.etc.), Prohibitive measures by state authorities.During this time, the parties have no mutual claims, and each party assumes the risk of the consequences of force majeure circumstances.
7.Product Delivery.
7.1. The Buyer receives the Goods by delivery or picks them up in person.Payment and receipt procedures are specified in the “Shipping and Payment” section
7.2. When goods are delivered to other cities in Ukraine by other Delivery Services in cooperation with Nova Poshta LLC (hereinafter the Carrier Company), the Buyer fully and unconditionally agrees to the Nova Poshta Cargo Transportation Rules, which are available on the Carrier Company’s website.
7.3. The Buyer confirms the fact of receiving the goods and the absence of claims regarding the quality of the goods by their own signature on the delivery note upon receipt of the goods.On their part, FOP Opalchuk O.S.guarantees the shipment of the goods to the Carrier Company in the quantity specified and paid for by the Buyer, complete according to the product specification, and in proper (working) condition and quality.
7.4 If the Buyer is absent at the delivery address specified by the Buyer in the order, or if the Buyer refuses to accept the goods upon delivery by the Carrier Company’s courier, the goods are returned to the dispatch warehouse.Payment for the Carrier Company’s services is deducted from the amount transferred by the Buyer for the goods to FOP Opalchuk O.S.The remaining amount is returned to the Buyer based on their letter sent to
[email protected] specifying the bank account to which the funds should be returned.
8.1. Information about the Goods is presented on the main website.
8.2. All disputes and disagreements arising from the performance of the obligations under this Agreement by the parties shall be resolved through negotiations.If they cannot be resolved, the parties have the right to seek judicial protection of their interests.
