Public contract
1. Concepts and Terms
1.1. Promotion – a period, limited by the number of days/hours, during which the Seller offers a certain list of Goods for sale on the conditions determined by the Seller.
1.2. Promotion – a duly executed request of the Buyer for purchase and delivery of Goods selected on the Site to the address indicated by the Buyer.
1.3. Operator – means an employee of the Seller rendering consulting services to Visitors/Users/Buyers of the Website.
1.4. Loyalty Program – the loyalty program "Autoprovision Bonus Plus" of the network of Autoprovision stores.
1.5. Website visitor – a person who has visited the online store of AVTOPROSTANKA without the purpose of purchasing products.
1.6. User – a natural person, a visitor to the Site, who accepts the terms of use of the site and wishes to place orders on the site.
1.7. Buyer – an individual, a visitor of the AVTOPROSTANKA online store, who accepts the terms of the User Agreement and wishes to make a purchase at the AVTOPROSTANKA online store for the purpose of purchasing goods for personal needs.
1.8. Seller – the company selling the product presented on the website
1.9. AVTOPROSTAVKA Online Store/Internet Store - the Internet site located on the Internet at https://autoprostavka.com, where the Goods offered by the Seller for purchase, as well as the terms of payment, delivery and return of Goods by the Buyer are presented.
1.10. Website – https://autoprostavka.com.
1.11. Seller's warehouse – the Seller's warehouse located at 130 Balkovskaya Street, Odessa;
1.12. Product – the products offered for sale on the Seller's website.
1.13. Terms and Conditions of Sale/Conditions of Sale – terms of purchase, payment, delivery and return of goods, warranty conditions, as well as other material conditions set forth in this agreement and published on the Site, which may affect the conclusion and execution of this agreement.
1.14. Customer Service Center – means a structural subdivision of the Seller, which provides consulting services and support to Visitors/Users/Buyers of the Website.
2. 2 General provisions
2.1. The subject of the Agreement is to enable the User to purchase, for personal, family, household and other needs not related to business activities, the Goods presented in the catalog of the Online Store.
2.2. The Seller sells the Goods through the online store at https://autoprostavka.com.
2.3. Visiting the website for the introductory purpose does not oblige the Website Visitor to register on the website, place an Order and purchase the Goods in the online store.
2.4. In order to place an Order and buy the Product the Website visitor has to register on the online store according to the requirements of registration or fill in the required fields for placing an Order without registration.
2.5. By registering on the Site or placing an Order without registration, the User agrees that all the terms of this Agreement are clear to him and he accepts it fully and unconditionally.
2.6. By ordering the Goods through the online store, the Buyer agrees with the terms of sale of Goods set out in this Agreement. In case of disagreement, the User shall not be able to order and purchase the Goods in the AVTOPROSTAVKA online store.
2.7. Terms of sale, as well as information about Goods, specified in this agreement and presented on the Site, are public offer according to articles 633, 641 and chapter 63 of the Civil Code of Ukraine is a public contract (public offer) and are addressed to an indefinite range of people regardless of their status (physical person, legal person, individual entrepreneur) who wants to buy goods from the Online-shop.
2.8. The terms of sale can be changed by the Seller unilaterally without notice to the User/Buyer. The new edition of the Terms and Conditions shall enter into force from the moment of its publication on the Website, unless otherwise provided.
2.8.1. By submitting their data to the Seller (by filling obligatory fields when registering (cell phone number, e-mail, name and surname, city, date of birth, gender) or obligatory fields when ordering Goods without registration (cell phone number, e-mail, name and surname, city, delivery address (carrier company branch number or when delivering by courier - city, street, house and apartment numbers) the Site visitor/user/buyer gives consent for using the mentioned data by the Seller and the third parties engaged by him for fulfilling obligations By making an Order, the User/Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its performance.
2.9. All rights and obligations under this Agreement arise for the Seller and the Buyer from the moment of concluding the Goods sale and purchase agreement. The moment of concluding the Goods sale and purchase agreement is the moment when the Buyer receives the electronic confirmation of acceptance of the Order for execution and/or when the online store operator receives the Buyer's telephone confirmation of the completed Order.
2.10. The Seller's obligations under the terms of this agreement shall be considered fulfilled from the moment the Goods are transferred to the carrier, and the Buyer's obligations shall be considered fulfilled from the moment the payment for the Goods is made and received from the carrier.
2.11. The User is provided with information support on the issues concerning the use of the Website, Order placement, purchase, payment, receipt and return of Goods, as well as on other issues concerning the Goods presented on the Website.
3. 3. Registration on the Site
3.1. Registration on the Site is carried out in the section (tab/link) "Registration".
3.2. Registration on the Site is not obligatory for placing an Order.
3.3. ПWhen registering on the Site the User/Buyer undertakes to provide true and accurate information about him/herself and his/her contact details, so that the Seller can perform its obligations to the User/Buyer and deliver the paid Goods to him/her.
3.4. The Seller is not responsible for the accuracy and correctness of the information provided by the User/Buyer during registration.
3.5. The User undertakes not to disclose to third parties the login and password specified by the User during registration.
3.6. The User is fully responsible for safety and security of the login and password they specified upon registration on the Website.
3.7. The Buyer shall be solely responsible for all the actions performed on its behalf, i.e. using its login and password.
4. Ordering
4.1. The Seller ensures availability of the Goods presented on the Site in his warehouse. The photographs accompanying the Goods are simple illustrations of the Goods and may differ from the actual appearance of the Goods. The descriptions/characteristics accompanying the Commodities do not claim to be exhaustive and may contain typographical errors. To clarify the information on the Goods, the Buyer may, at his/her own discretion, contact the Customer Service Center.
4.2. The Visitor/Buyer may place an order on his/her own by clicking "buy" and "place order".
4.2.1. One Order cannot contain more than 900 (nine hundred) units of the same Goods.
4.3. After the registration of the Order, the Buyer receives a notification of the acceptance of the Order for processing at the contacts specified by the Buyer during the registration of the Order. As the Order is being processed, the Buyer receives an electronic message on the status of the Order (In Processing/Sent/Delivered).
4.4. If the Goods ordered by the Buyer are not available at the Seller's warehouse, the Seller shall have the right to:
4.4.1. Exclude the specified Goods from the Order. In this case, the Seller sends an email to the Buyer at the address specified by the Buyer when registering, with the corrected Order and an offer to confirm it, or the employee of the Customer Service Center contacts the Buyer by phone and clarifies the relevance of the corrected Order;
4.4.2. to cancel the Buyer's Order, notifying the Buyer by sending an appropriate email to the address specified by the Buyer when registering (or by calling the Customer Service Center operator)..
4.5. By acceding to this Agreement and placing the order, the User/Buyer confirms that he/she is familiar with the sections of the Site "Delivery and Payment", "Returns"; agrees with them and understands them fully.
4.6. The visitor (Buyer) agrees that the price of the goods put by him/her in the "cart", its range and quantity will be relevant only at the time of formation of the "cart" and may change, if the purchase was not finally made by pressing the "checkout" button.
4.7. After placing the Order on the Site and its confirmation, the Buyer shall be provided with the information on the expected date of delivery by sending an email to the address specified by the Buyer during registration/ordering, or by phone.
5. Payment
5.1. The price of the Product shall be specified in UAH and shall include the value-added tax.
5.1.1.Please note that the online store "AUTOPROSTAVKA", in accordance with the Decree of the NBU № 25 of March 15, 2018 "About optimizing the circulation of coins of small metal" rounded down (mathematical operation, which involves the replacement of the number to reduce with an appropriate accuracy) the total amount of payment for goods, according to the rules established by this Decree
5.2. The sum of the order consists of the value of the ordered goods.
5.2.1. The Buyer shall pay the cost of delivery as a separate additional service provided to him by the Seller. The cost of such service is fixed and included in the order amount.
5.2.2. The delivery service shall be deemed provided at the moment of receipt of Goods by the Buyer.
5.2.3. The Buyer understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, which ends at the moment the Buyer receives the Goods and makes payment for them. Claims on the quality of purchased Goods that appeared after the receipt and payment for the Goods are considered according to the Law of Ukraine "On protection of consumer rights" and Seller's warranty commitments. In this connection purchase of Goods with delivery shall not give Buyer the right to demand delivery of the purchased Goods for warranty service or replacement, shall not give an opportunity to perform warranty service or replacement of Goods by the way of visiting Buyer and shall not imply a possibility of returning the delivery cost of Goods in cases when Buyer is entitled to a refund for the Goods as such in accordance with the Law of Ukraine "On protection of consumer rights".
5.3. The price of Goods is indicated on the Website. In case the price of Goods ordered by the Buyer is incorrect, the Seller informs the Buyer to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered to be cancelled.
5.4. The cost of delivery service is indicated on the site when placing the Order. The Seller sets the cost of delivery of the Order to the Buyer individually, based on the delivery region, the cost of the ordered goods, their size and other parameters that may affect the cost of delivery, as well as based on the statistics of the Buyer's actions in the relationship with the Seller (previously made orders, the percentage of their cancellation, refusal and returns, etc.).
5.5. The price of Goods on the Website may be changed by the Seller unilaterally. At that, the price of the Goods ordered by the Buyer shall not be subject to change.
5.6. Payment for the Order is made by the Buyer:
5.6.1. in cash / non-cash upon receipt of the Order in the amount corresponding to the amount of the Order specified on the Site in case of delivery of the Order to the Carrier's office;
5.6.2. in cash by bank cards when taking the Order in the amount, corresponding to the amount of the Order, indicated on the Site;
5.6.3. in cash upon receipt of the Order in the amount corresponding to the Order amount, indicated on the Site in case of courier delivery;
5.6.4. in cash upon receipt of the Order in the amount corresponding to the Order amount indicated on the Website in case of delivery to the self-delivery out of the AVTOPROSTAVKA store;
5.7. In case of advance payment by the Buyer and the subsequent increase in the cost of the Order due to its adjustment, the Buyer shall make an additional payment of the resulting difference. In case of reduction of the order value, the resulting difference shall be returned to the Buyer in accordance with Section 8 of this Agreement.
5.8. The Seller has the right to provide discounts on Goods, to conduct promotions. Types of discounts, promotions, the order and conditions of participation in the promotions are determined by the Sellers independently and are indicated on the Website and can be changed by the Seller unilaterally.
5.8.1. During the promotions the Buyer can buy no more than five (5) units of promotional goods once a day.
5.9. The Buyer, who is a participant of the Loyalty Program, has the right to manage the bonuses accrued under the terms of the Loyalty Program at his discretion, according to the terms of the Loyalty Program.
6. Delivery
6.1. The delivery of the Order is carried out on the entire territory of Ukraine, except the Crimea and the territory of the ATO.
6.2. The term of delivery of the Order shall be determined according to the delivery time of the carrier chosen by the Buyer, and the approximate delivery time shall be reported to the Buyer by e-mail after the Buyer has agreed and confirmed the Order.
6.2.1. As a rule, the approximate delivery time of the Order is from 1 to 3 working days. The delivery of some Orders (depending on the selected goods) may take up to 5 working days. Delivery time is given without taking into account the day of the order and using the carrier Nova Poshta Ltd. The Buyer shall be notified about the exact time of Order delivery by the carrier.
6.3. When placing the Order, the Buyer has the opportunity to choose the type of delivery: by courier (delivery to the address specified by the Buyer) or receipt at the branch of the delivery service (with the choice of this branch from among those specified).
6.4. At the request of the Buyer (registered by ticking the box "Self-delivery" when placing the Order), the Buyer may receive the Order on their own in the retail network store AUTOPROSTAVKA.
6.5. The Seller shall make every effort to comply with the delivery terms communicated to the Buyer. At the same time delivery delays are possible due to unforeseen (force majeure) circumstances beyond the Seller's control.
6.6. The Order shall be deemed fulfilled by the Seller at the moment of its actual delivery to the Buyer by the Seller's carrier/store employee with execution of relevant documents (express waybill, RRO check printout in the Seller's store).
6.7. In order to avoid fraud, as well as to fulfill the obligations undertaken by the Seller, the person delivering the Order has the right to request the Recipient's identity document, as well as to indicate the type and number of the document provided by the Recipient on the receipt to the Order.
6.8. Title to the Goods and risks associated with them shall be transferred from the Seller to the Buyer at the moment of handing over the Goods to the Buyer by the carrier or at the moment of handing over the Goods at the Seller's store.
6.9. The transfer of title to the Goods shall be confirmed by a document issued by the Seller (delivery note, fiscal cashier's check, receipt, etc.).
6.10. When accepting the Order from the courier/ at the carrier's office, the Recipient shall inspect the delivered Goods and check their compliance with the declared quality, assortment and completeness of the Goods, as well as check the shelf life of the delivered Goods and the integrity of the packaging. If there are no claims to the delivered Goods, the Recipient shall sign on the bill of lading or any other similar document, which confirms the fact of delivery and receipt of Goods by the Buyer. The signature on the delivery documents shall certify that the Recipient has no claims to the Goods and that the Seller has fully and properly performed his obligation to deliver the Goods.
7. Return of goods
7.1. The Buyer has the right to refuse the received Goods and to terminate the Contract of Sale within 14 calendar days from the day of receipt of Goods, excluding the day of purchase, except for Goods which are not subject to exchange and/or return in accordance with Section 7.2 of this Agreement.
7.2. The goods shall not be subject to return in such cases:
– the goods are not subject to return in accordance with Annex No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 M 172.
– The integrity of the individual package has been broken;
– there are traces of use on the goods;
– 14 days have passed since the date of purchase;
– the integrity of the labels is broken;
– the consumer qualities of the goods have not been preserved;
– the product's trade dress has not been preserved;
– the warranty period of the goods has expired.
7.5. When returning Goods supplied in individual packaging (manufacturer's packaging), Buyer shall pack such Goods additionally, preserving the appearance of the Goods in individual packaging. The Seller has the right to refuse to accept the returned Goods if they have been packaged improperly, as a result of which traces and/or damage (including those arising during transportation (scratches, dents, markings, additional taping of cargo and/or accompanying documents, etc.) remained on them (on individual packaging) - as Goods which have not retained the marketable condition of the Buyer.
7.6. If the Buyer has been provided with a technical passport, warranty card or other document along with the Goods, the Buyer's claims shall be considered by the Seller only if the said documents are provided.
7.7. If the Buyer returns the Goods in improper completeness, the Seller shall not accept the return and shall return them to the Buyer. In this case, the Buyer may re-send the goods for return to the Seller when the return is properly completed.
7.8. The returned goods complete with the delivery note shall be sent by the Buyer or by post to the following address: 130 Balkovskaya Street, Odessa
7.9. Return of the Goods of proper quality:
7.9.1. Return of Goods of adequate quality is possible if the goods have not been used, their trade dress, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold goods have been preserved.
7.9.2. If the Buyer refuses the Goods and observes conditions of clause 7.5.1, the Seller shall return the value of the returned Goods within 30 days from the date of receipt of the returned Goods at the Seller's warehouse together with an application for return completed by the Buyer. The refund of the value of the Goods shall be made exclusively to the person named in the Order for the Goods, provided that such person provides a copy of his or her national passport, identification code and a receipt of payment for the Goods for which funds are being refunded. If the Buyer has provided incorrect data in the Order or has not provided all the documents listed above for a refund, the Seller reserves the right to refuse such Buyer a refund.
7.9.3. If at the time of the Buyer's request there is no similar product available from the Seller, the Buyer has the right to refuse to fulfill this Agreement and demand a refund of the amount of money paid for the specified Product. The Seller is obliged to return the monetary amount paid for the returned Goods within 30 days from the day of returning the Goods.
7.10. Return of Goods of improper quality:
7.10.1. Unsuitable goods are goods that are defective and cannot ensure the performance of their functional qualities. The received Goods must correspond to the description on the Site. The difference in design or design elements, color scheme from the ones stated in the description on the Website is not a sign of inadequate quality of the Goods and/or impossibility to use them for their intended purpose.
7.10.2. The appearance and completeness of the Goods, as well as completeness of the entire Order shall be checked by the Recipient at the moment of delivery of the Goods.
7.10.3. After receipt of the Order, complaints about external defects of the Goods, their quantity, completeness and marketable appearance shall not be accepted and cannot be the basis for returning the Goods.
7.10.4. Claims for refund of the amount paid for the goods shall be met within 30 days from the date of submission of the respective claim (Article 13, paragraph 4 of Article 12 of the Law of Ukraine "On Protection of Consumer Rights").
7.11. Shipment of goods in case of return is made at the Buyer's expense.
7.12. The Buyer shall be deemed informed that in case of failure to comply with the requirements for documenting the return of goods and in consequence of not accepting the goods for return by the Seller, the Seller shall not be liable for the safety and return of goods by the carrier to the Buyer.
7.12.1. In this case, the Seller guarantees that the Buyer will be notified about the refusal to accept the goods within two (2) working days at the details specified by the Buyer when registering on the website or placing an order without registration.
7.13. Refund is made by returning the cost of paid Goods by postal order or by transfer to the bank card (the card must be issued in Ukraine; currency of the card is UAH).
8. Warranty obligations
8.1 The Seller is not liable for defects in the Goods if they have arisen after their transfer to the Buyer as a result of violation by the Buyer of the rules of use or storage of goods, the actions of third parties or force majeure.
9. Liability
9.1. The Seller is not liable for damage caused to the Buyer due to the improper use of the Goods purchased in the online store.
9.2. The Buyer shall be fully responsible for the provision of incorrect information, resulting in the inability of the Seller to properly perform its obligations to the Buyer.
9.3. The Seller does not bear any responsibility for the statements and opinions of Visitors/Buyers on the Site, left as comments or reviews.
9.4. The Seller is not liable for any damages, losses or expenses (actual or possible) arising from this Site, its use or inability to use it.
9.5. The Seller is not responsible for the loss by the User/Buyer of access to their account on the Site (loss of login, password or other information).
9.6. For the above-mentioned purposes, the Buyer reserves the right to delete the information posted on the site and to take technical and legal measures for termination of access to the online store of Users/Buyers who create problems in using the online store of other Visitors/Buyers or Visitors/Buyers who violate the Agreement.
9.7. Seller is not responsible for:
– delays or failures in the transaction process due to force majeure, as well as any case of malfunction in telecommunications, computer, electrical and other related systems;
– actions of transfer systems, banks, payment systems and for the delays associated with their work;
– proper functioning of the Website if the Visitor/Buyer does not have the necessary technical means for its use, as well as does not have any obligations to provide users with such means.
9.8. The Seller is not responsible for the safety of goods returned by the Buyer and not delivered to the Seller by the carrier.
9.9. The Seller shall not be liable for the goods not accepted by the Seller for return from the carrier due to the Buyer's failure to comply with the terms of this Agreement.
10. Confidentiality and data protection
10.1. Personal data of the User/Buyer are processed in accordance with the Law of Ukraine dated June 1, 2010 № 2297-VI On Protection of Personal Data.
10.2. The Buyer's personal data shall be stored in the Seller's database at the address: 130 Balkovskaya Street, Odessa. The personal data are collected solely for the purpose of compliance with the requirements in the field of tax relations regulation, accounting relations and advertising relations.
10.3. By providing their personal data when registering on the Website, the User agrees to their processing by the Seller, including for the purpose of promoting the Seller's goods and services.
10.4. The Seller uses the personal data of the User/Buyer:
- to register the User on the Site;
- to perform its obligations to the User/Buyer;
- to evaluate and analyze the work of the Site;
- to determine the winner in promotions held by the Seller.
10.5. The Seller is entitled to send informative, including advertising messages, to e-mail and cell phone of the User/Buyer with his consent. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages, informing the User/Buyer about the order and the stages of its processing, are sent automatically and cannot be rejected by the User/Buyer.
10.6. The Seller receives information about ip-address of the Website visitor. This information is not used to identify the visitor.
10.7. Seller is not responsible for the information provided by the User/Buyer on the Website in a publicly available form.
10.8. The Seller is entitled to record phone conversations with the User/Buyer. At that, the Seller undertakes: to prevent attempts of unauthorized access to information received during telephone conversations, and/or its transfer to the third parties that are not directly related to execution of Orders, in accordance with the Law of Ukraine dated 02.10.1992, ¹ 2657-XII "On Information".
11. Validity of the Public Offer
11.1. This Public offer shall be effective from the date of its acceptance by the Website Visitor/Buyer and shall be valid until the withdrawal of the acceptance of the Public offer.
12.Additional Terms
12.1. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
12.2. The Internet-shop and provided services can be temporarily partially or completely unavailable due to preventive or other works or any other reasons of technical nature. The technical service of the Seller has the right to carry out necessary preventive or other works from time to time with or without prior notification of the Buyers.
12.3. The relationship between the User/Buyer and the Seller shall be governed by the provisions of the laws of Ukraine.
12.4. If the User/Buyer has any questions or claims, he/she shall contact the Seller by phone or by any other available means. All arising disputes the parties will try to solve through negotiations, in case of failure to reach an agreement the dispute will be referred to the court in accordance with the current legislation of Ukraine.
12.5. A court ruling of invalidity of any provision of this Agreement does not entail invalidity of other provisions.
