This Agreement is a public agreement – an offer (proposal) between the Internet store, the site of which is located on the Internet at the address: http://beethe.in.ua (hereinafter – Internet store) and the user of Internet store services (hereinafter – "Buyer»), which includes all essential conditions for the organization of purchase and sale remotely (i.e. through the Internet store).
This contract is a public offer contract (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine), its conditions are the same for all buyers regardless of their status (natural person, legal person, natural person - entrepreneur).
The terms of this Agreement regulate the relationship between the Online Store and the Buyer and are subject to regulation, including by the Law of Ukraine "On the Protection of Consumer Rights". No. 1023-XII dated May 12, 1991, Civil Code of Ukraine No. 435-IV1 dated January 16, 2003, Law of Ukraine "On Electronic Commerce" No. 675-VIII dated September 3, 2015.
When concluding the Agreement under this Offer, the Parties are also guided by the information referred to in the clauses of the Agreement, which is an integral part of the Agreement.
The offer is an official document, has the necessary legal force and is published on the website of the online store: beethe.com.ua.
Terms and definitions
1.1. "Online store" - a means for presenting or selling the Goods by making an electronic transaction – The site located at the address beethe.com.ua (hereinafter the Site) was created in accordance with the Law of Ukraine with the proposed description of the Product in photographs and its characteristics using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Product – remote means of selling goods.
1.2. "Goods" - items offered for sale or already purchased by the Buyer in the online store
1.3. "Order" – the Buyer's application addressed to the online store with information on the models, quantity of the Goods, the total price to be paid under the Contract, the method of payment for the Order by the Buyer, the method of Delivery of the Goods and the term of the Contract.
1.4. "Application" – written (electronic) or oral (telephone) expression of the Buyer's intention to purchase the goods. It can be decorated:
- by using a special "Personal account" on the Site;
- by using the special section "Basket" on the Site;
- in phone mode by using the "Callback" function;
- in telephone mode when communicating with a representative of the online store by calling the phone number indicated on the Site.
1.5. "Buyer" – a legal entity, an individual, an entrepreneur, an individual, a citizen of Ukraine, a person who has reached the age of eighteen and has the necessary legal capacity to enter into this Agreement.
2. Subject of the contract
2.1. The online store sells and delivers the Goods based on the Order, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement. The text of the contract – offers (hereinafter – Agreement) are posted at: beethe.com.ua/oferta
2.2. The fact of placing the Order is a fact of unquestionable acceptance of this Offer and agreement with all the terms of this Agreement.
2.3. The date of conclusion of the Agreement is the date of payment of the Order by the Buyer.
3. Procedure for processing the Order
3.1. The Buyer places an Order on the Site or by contacting a representative of the online store, choosing the method available on the Site, namely:
- by using a special "Personal account" on the Site;
- by using the special section "Basket" on the Site;
- in phone mode by using the "Callback" function;
- in telephone mode when communicating with a representative of the online store by calling the phone number indicated on the Site.
3.2. After receiving the Order, it is formed by preparing the Goods for transfer (sending) to the Buyer.
3.3. The amount to be paid for the Order is displayed in the "Basket" menu. on the Site or notified to the Buyer in an SMS message, by e-mail to the e-mail address or by telephone, depending on the method of execution of the Order chosen by the Buyer.
3.4. After receiving the Order in the online store, the Buyer is sent (in electronic form) an invoice for payment of the Order or is offered to pay the bill on the website using modern online payment methods directly on the website of the online store.
3.5. In the event that the goods ordered by the Buyer are not available in the Online Store, the representative of the Online Store has the right to exclude such Goods from the Order, or to cancel the Order by sending the Buyer an electronic message to the e-mail address specified during registration or by notifying the Buyer over the phone.
4. Order payment procedure
4.1. The Buyer can pay for the Order in the following ways (which are also available for viewing in the appropriate section "Payment and Delivery" on the Site):
- payment to the account of the online store through the Liqpay system;
- at the time of receiving the Goods at the courier service branch.
4.2. The Buyer pays 100% of the price of the Goods when placing the Order.
4.3. Payment for the delivery of the Goods is made upon receipt of the Goods.
4.4. In the case of an order for delivery outside of Ukraine, payment for delivery is made when placing the order.
5. Term, cost and terms of delivery of the Goods (Order)
5.1. Delivery and return of the Order is carried out by the Internet store or a transport company at the expense of the Buyer, which is regulated on the website in the "Payment and Delivery" section, and is additionally agreed upon when placing the Order.
5.3. The cost of delivery in the online store is indicated on the website in the "Payment and Delivery" section. and depends on the carrier's current tariffs.
6. The online store provides the following services to the Buyer:
6.1. Search, selection and reservation of Goods based on the Order placed by the Buyer on the Site and confirmed by the Online Store.
6.2. The online store sells and delivers the Goods using the courier delivery services specified on the Online store's website based on the Buyer's application made on the website and confirmed by the online store.
6.3. Checking the qualitative and quantitative characteristics of the Product during its packaging.
6.5. Provide the Buyer with a sales receipt.
7. Obligations of the Buyer
7.1. Before placing the Order, the Buyer undertakes:
7.1.1. Familiarize yourself with the information about the Product, which is posted on the Site.
7.1.2. Familiarize yourself with and accept the terms of this Agreement or refuse to complete the Order if the terms of the Agreement are not acceptable.
7.2. After placing the Order, the Buyer undertakes:
7.2.1. Pay the cost (price) of the Goods in the manner and time specified in the Order.
7.2.2. Accept the Product selected in the Order.
7.2.3. When receiving the Product, make sure it is complete by inspecting the contents of the packaging. In the event of a shortage of the Product or its damage – record them in the act, which must be signed by the person who directly makes the delivery together with the Buyer.
7.2.4. After paying for the Order, it is forbidden to change the Order, if more than 2 units of the Product are purchased.
8. The procedure for accepting and replacing the Product
8.1. Upon receipt of the Goods, the Buyer must verify its integrity and completeness by inspecting the contents of the packaging.
- in case of detection of deficiencies/damages, shortages – record them in the act, which must be signed by the person who directly makes the delivery together with the Buyer. If possible, defects should be recorded by means of photo or video recording
Within 1 (one) day from the moment of receipt of the Goods, the Buyer is obliged to inform the manager (representative of the online store responsible for placing the order for the Goods) about the identified defects (damage/incomplete completion) and agree on the replacement of the Goods.< br />
8.2. The parties agreed that in the event of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition – without any damage or defects.
9. Liability of the parties
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner stipulated by this Agreement and the current legislation of Ukraine.
9.2. The online store is not responsible for the appearance of the Product that has not been significantly changed by the Manufacturer (size and color of the container, packaging, shade of the products, patterns and consistency of the products).
9.3. In case of force majeure, the parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
9.4. The party referring to the effect of the circumstances of the nepethe reboring force must notify the other party of the occurrence of such circumstances in writing by e-mail within five calendar days.
9.5. The party referring to force majeure must provide a relevant certificate from the Chamber of Commerce and Industry of Ukraine.
9.6. The parties make maximum efforts to resolve any – any disagreements exclusively through negotiations.
10. Other conditions
10.1. The online store reserves the right to unilaterally make changes to this Agreement with its prior publication on the website beethe.com.ua.
10.2. The online store was created to organize a remote method of selling Goods via the Internet.
10.3. The online store is not responsible for the content and truthfulness of the information provided by the Buyer when placing an order.
10.4. The buyer bears personal responsibility for the veracity of the information specified when placing the order.
10.5. Full and unconditional acceptance of a valid public offer in accordance with Article 642 of the Civil Code of Ukraine is the fact of payment of the amount of money by the Buyer of the Order placed in the online store.
10.6. The contract concluded by the Buyer through the acceptance of this public offer is legally valid in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to the contract signed by the parties.
Acceptance of a valid public offer means the Buyer's full agreement with the terms of this Sales Agreement (public offer of the online store).
10.7. The contract is concluded with the help of information and telecommunication systems and is considered to be concluded in writing.
10.8. The use of the Internet store resource to view the product, as well as to complete the Order, is free of charge for the Buyer.
10.9. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of the operation of the online store (sending a message to the Buyer about the execution of the Order, sending advertising messages, etc.).
10.10. By his own acceptance of the Agreement or execution of the Application, the Buyer voluntarily gives his consent to the collection and processing of his personal data for the following purpose: the data that become known to the online store will be used for commercial purposes, including for processing Orders for the purchase of goods, obtaining information about the order, sending by means of telecommunications (e-mail, mobile phone) advertising and special offers, information about promotions, raffles or any other information about the activities of the online store.
For the purposes provided for in this clause, the online store has the right to send letters, messages and materials to the Buyer's postal address and e-mail box, as well as send sms messages and make calls to the phone number specified in the application form.
10.11. The Buyer gives the Online Store the right to process his personal data, including: use personal data from the Buyer's database (without additional notice to the Buyer about this), carry out lifelong storage of data, their accumulation, update, change (if necessary). The buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized to carry out direct processing data for the specified purposes, as well as at the mandatory request of a competent state body).
10.12. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the representative of the online store by writing a statement about refusal to receive advertising materials, sending it to the postal or e-mail address.
10.13. The buyer confirms that he has been informed about the procedure and conditions for processing his personal data.
10.14. Products may differ from their images in the online store and may not meet the Buyer's expectations, if they differ from the information provided on the Site.
10.15 This Agreement is an accession agreement in accordance with Art. 634. Central Committee of Ukraine.
11. Term of validity of the Agreement and the procedure for its termination
11.1. This Agreement enters into force from the moment of acceptance by the Buyer (receipt of payment to the account of the online store) and is valid until the parties fully fulfill their obligations, except for cases of its early termination.
11.2. Before the expiration of this Agreement, this Agreement may be terminated by mutual agreement of the parties, executed in writing.
11.3. The Parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment of the terms of this Agreement by one of the Parties and in the cases provided for in this Tospeech and current legislation of Ukraine.
12. Peculiarities of ordering by legal entities and individuals
12.1. In the case of making an Order not for the purpose of meeting personal needs, not directly related to business activities or the performance of the duties of an employee, the law "On the Protection of Consumer Rights" applies. will not be extended to the Buyer.
12.2. Only those goods that have significant defects caused by the fault of the manufacturer can be returned.
12.3. The online store reserves the right to refuse to fulfill the Buyer's Order in case of receiving an order that may cause suspicion of violation of the rules of the beethe.com.ua site. defined by this offer and the text in the "Payment/Delivery" section.
12.4. Refunds in the cases specified in clause 12.3. is carried out without taking into account the bank commission.
12.5. In case of purchase of goods at retail price, the relationship between the online store and the Buyer is governed by the law "On the Protection of Consumer Rights".
12.6. In order to conclude a long-term Supply Agreement, it is necessary to contact the representative of the online store at the e-mail address or phone number specified on the website of the online store in the "Contacts" section.
Rules for using materials posted on the Site
13.1. The site contains materials, trademarks, trade names and other materials protected by law, including but not limited to: texts, photographs, graphic images, music and sound works.
13.2. The entire content of the Site is protected by the legislation of Ukraine.
13.3. The buyer has no right to use the materials posted on the Site, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create secondary documents, etc.