Contract of public offer of purchase and sale of goods
1. General provisions
1.1. This agreement is an official and public offer of the Seller to enter into a contract of sale of the Goods, which is posted on the website www.ruta.ua (hereinafter - the Website).
1.2. This agreement is public, ie in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and all other terms of the contract.
1.3. The contract is considered concluded from the moment of clicking the "Order confirmed" button on the ordering page and receiving by the Buyer from the Seller order confirmation in electronic form.
2. Definitions
2.1. In this offer, unless otherwise stated in the content, the following terms have the following meanings:
2.2. "Goods" - a list of items presented for sale in the online store;
2.3. "Online store" - in accordance with the Law of Ukraine "On e-commerce" - a means to present or sell goods, works or services by making an electronic transaction. This tool is posted on the website https://ruta.ua;
2.4. "Seller" - a company that sells goods presented in the online store;
2.5. "Buyer" - a natural person, legal entity, natural person-entrepreneur who has entered into an Agreement with the Seller on the terms set out below;
2.6. "Order" - the choice of individual items from the list of goods specified by the Buyer when placing an order and payment.
2.7. "Recipient" - a person appointed by the Buyer who actually receives the goods.
3. The subject of the contract
3.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
3.2. This Agreement regulates the purchase and sale of goods in the Online Store, including:
3.2.1. voluntary choice by the Buyer of goods in the Online Store;
3.2.2. independent registration by the Buyer of the Order 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 property on the terms of this Agreement.
4. The order of registration of the order
4.1. The Buyer has the right to place an order for any Product that is available and presented on the Website of the Online Store.
4.2. Each item can be presented in the order in any quantity. The seller ensures the availability of goods in its warehouse presented in the online store.
4.3. The Seller's manager informs the Buyer about the absence of the Goods in the warehouse by phone or e-mail.
4.4. In case of absence of the Goods the Buyer has the right: to replace it with the Goods of similar model or to refuse the given Goods or to cancel the Order.
4.5. The offer is considered to have been accepted by the Seller when the latter has performed actions that indicate acceptance of the Buyer's offer, namely: actually shipped the goods.
5. The order of payment of the order
5.1. Payment is made in the following ways:
- online payment through the online store using the Portmone service. With this method of payment the bank commission is paid by the Seller;
- payment according to the details to the current account of the Seller in the amount of 100% of the order value, the order number must be indicated in the purpose of payment. Details for payment will be sent in a message. With this method of payment, the bank commission is paid by the Buyer according to the bank's tariffs.
5.2. In case of non-receipt of funds, the Online Store reserves the right to cancel the Order.
5.3. Payment for Services is made in the national currency of Ukraine.
5.4. The order is considered paid from the moment of receipt of payment to the current account of the Seller. The fact of payment of the Order indicates the consent of the Buyer to the terms of this agreement.
5.5. The price of the Goods specified in the Online Store may be changed by the Seller unilaterally. Thus the price for the Goods ordered by the Buyer is not subject to change.
5.6. Until the moment of crediting the Buyer's funds to the current account of the Seller, the goods are not reserved.
The Seller cannot guarantee the availability of the Seller's Goods in the quantity specified at the time of placing the Order, as a result of which the processing time of the Order may increase.
6. Terms of delivery of the order
6.1. Delivery of Goods purchased in the online store is carried out to the transport company selected by the Buyer. The buyer independently receives the ordered Goods in the warehouse of the transport company.
6.2. Together with the Goods, the Buyer is provided with the accompanying documents provided by the legislation of Ukraine.
6.3. Sufficient proof of agreement by the parties of all material terms of sale of the Goods is the actual receipt and acceptance of the Goods by the Buyer.
6.4. The moment of receipt and acceptance of the Goods by the Buyer or the Recipient is the moment (depending on which came earlier):
- signing by the Buyer or the Recipient of the act of acceptance-transfer of the Goods (or other equivalent document confirming the fact of transfer of the Goods to the Recipient), or
- signing by the Buyer or the Recipient of the carrier's documents confirming the fact of receipt of the shipment containing the Goods, or
- the actual receipt by the Recipient of the Goods and the Recipient's actions indicating acceptance of the Goods (the Recipient received the Goods and left the point of delivery of the goods and the like).
6.5. Upon receipt of the Goods before signing the documents confirming receipt of the Goods, the Recipient is obliged to read the information about the goods contained in the Goods and / or its packaging and / or in the accompanying documents. If it is necessary to obtain additional information about the goods, the Recipient is obliged to contact the Seller and receive the necessary information by means of remote communication until the Recipient accepts the Goods.
6.6. The Buyer has the right to appoint a third party as the Recipient of the purchased Goods. In this case, the Buyer is obliged to indicate in the Order form the data necessary to identify the recipient and deliver the Goods to him. In this case, the provisions of Art. 636 of the Civil Code of Ukraine. Payment in this case is made only until the time of shipment by the Seller.
6.7. To issue the Goods to the Recipient, the latter is obliged to provide upon receipt of the Goods an identity document (passport, any other identity document, including any document using the "ACTION"). Upon receipt of the Goods, the Recipient is obliged to put his signature in the documents, which confirms that he has received the Goods.
6.8. In case of absence of the Goods ordered by the Buyer in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order by notifying the Buyer by sending an e-mail to the address specified by the Buyer during registration or otherwise. In case of cancellation of all or part of the prepaid Order by the Buyer or the Seller, the value of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.
7. Responsibility of the parties
7.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
7.2. The seller is not responsible for:
7.2.1. for minor discrepancy between the original color scheme of the Goods presented in the Online Store, which may differ only due to the different color transfer of personal computers, laptops, tablets and smartphones of the Buyer;
7.2.2. for the content and truthfulness of the information provided by the Buyer when placing an order;
7.2.3. for delay and interruptions in the provision of Services (order processing and delivery of goods), which occur through no fault of the Seller;
7.2.4. for illegal, illegal actions of the Buyer, committed through access to the Internet;
7.2.5. for the transfer by the Buyer of its network identifiers - IP, MAC-addresses, login and password to third parties;
7.2.6. for illegal actions of third parties;
7.2.7. in case of force majeure.
7.3. The Buyer, using the Internet access provided to him, is independently liable for damage caused by his actions (personally, even if under his login was another person) to the Seller and / or third parties, or their property, the state.
7.4. In the event of force majeure, the Parties shall be released from fulfilling the terms of this Agreement. Force majeure for the purposes of this Agreement means events that are extraordinary, unforeseen, which exclude or objectively interfere with the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent in reasonable ways.
7.5. The parties shall make every effort to resolve any differences solely through negotiations.
7.6. The Buyer is responsible for the accuracy of the data specified in the Order form. If the inaccurate (incorrect) indication of data in the order has led to additional costs of the Seller associated with the delivery of the Goods to the wrong address or delivery of the Goods that do not belong to the Buyer / Recipient, all related losses and costs are borne by the Buyer . The Seller has the right to deduct the amount of such losses or expenses from the amounts paid by the Buyer as payment for the Goods (to offset counterclaims).
7.7. In any case, the amount of damages (both tangible and intangible) that may be paid to the Buyer in connection with the violation of his rights when using the Site (in particular, in connection with non-performance of the Order or its improper performance, other violations of rights Buyer) in accordance with Art. 22 of the Civil Code of Ukraine, limited by the amount of the order.
8. Other conditions
8.1. The buyer is responsible for the accuracy of the information provided when ordering information. In this case, the Buyer provides the Seller with its unconditional consent to the collection, processing, storage, use of their personal data, within the meaning of the Law "On Personal Data Protection" posted at the following link.
8.2. The buyer undertakes to carefully read this agreement. In case of disagreement with its terms, it undertakes to immediately stop using the Site.
8.3. When quoting materials from the site, including copyrighted works, reference to the Site is required.
8.4. Comments and other records of the Buyer on the Site must not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.
8.5. The Buyer is warned that the Seller is not responsible for visiting and using external resources, links to which may be contained on the site.
9. Procedure for returning goods of proper quality
9.1. Return of goods to the online store is carried out in accordance with current legislation of Ukraine. The Buyer has the right to refuse the ordered Goods of proper quality at any time before its receipt, and after receipt of the Goods - within 14 days, not counting the day of purchase. Return of the Goods of proper quality is possible if its product appearance, consumer properties are preserved, as well as in the presence of a document confirming the fact of purchase of the specified Goods.
9.2. The buyer has the right to refuse the goods of improper quality. Goods of improper quality mean goods that have a clear defect of a production nature. The received Goods must correspond to the description in the Online Store. The difference of design or design elements from the description stated on the Site is not a sign of improper quality.
9.3. Return of goods of proper quality to the online store is made at the expense of the Buyer, improper quality - at the expense of the Seller.
9.3. When the Buyer returns the goods of proper quality, the Online Store returns to him the amount paid for the goods upon return of the goods less compensation for the costs of the Online Store related to the delivery of the goods to the Buyer. When returning goods of improper quality - the Seller replaces the goods with similar goods of proper quality at his own expense.
9.4. If it is necessary to refund the Seller to the Buyer to refund the Buyer is obliged to notify the Seller of the bank account to which the Seller is obliged to transfer funds.
10. The moment of concluding the contract and its term
10.1. An electronic agreement is considered concluded from the moment the person who sent the proposal to enter into such an agreement receives a response on the acceptance of this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
10.2. Until the expiration of this Agreement may be terminated by mutual consent of the Parties until the actual delivery of the goods, by refund.
10.3. The Parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided by the current legislation of Ukraine.