Юридична інформація
PUBLIC CONTRACT (OFFER) for ordering, purchase, and delivery of goods
This contract is an official and public offer by the Seller to conclude a purchase and sale agreement for the Goods presented on the website https://mister-key.com.ua. This contract 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) without giving preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for the goods, delivery of the goods, return of the goods, liability for fraudulent orders, and all other conditions of the agreement. The contract is considered concluded from the moment the "Confirm Order" button is pressed on the order page in the "Cart" Section and the Buyer receives confirmation of the order from the Seller in electronic form.
- Definition of Terms 1.1. Public offer (hereinafter - "Offer") - a public proposal by the Seller, addressed to an indefinite circle of persons, to conclude a purchase and sale agreement for the goods with the Seller remotely (hereinafter - "Agreement") under the conditions contained in this Offer.
1.2. Goods or Services – the object of the transaction between the parties, which was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.2. Online Store – the Seller's website at https://mister-key.com.ua/ created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's acquaintance with the description of the Goods offered by the Seller via the Internet.
1.3. Buyer – a legally capable individual who has reached 18 years old, receiving information from the Seller, placing orders for the purchase of goods presented on the website of the Online Store for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.4. Seller – FOP SHYN PETRO VIKTOROVYCH (identification code 2612906831), a legal entity established and operating under the current legislation of Ukraine, whose location is: Ukraine, 02130, Kyiv, Voskresenska St., bldg. 12-A, apt. 72.
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Subject of the Agreement 2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement. 2.2. The date of conclusion of the Offer Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of filling out the order form by the Buyer on the website of the Online Store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement can be executed in writing.
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Order Processing
3.1. The Buyer independently places an order in the Online Store through the "Cart" form or by placing an order by email or phone number listed in the contact section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about its validity.
3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to complete the order:
3.3.1. Buyer's surname, name;
3.3.2. Address for delivery of the Goods (if delivery to the Buyer's address);
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the website of the Online Store.
3.5. If either Party to the Agreement needs additional information, they have the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this Offer.
3.6. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the Online Store or when placing an Order through the operator. After placing an Order through the Operator, the data about the Buyer is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By concluding the Agreement, that is, accepting the terms of this Offer (the proposed conditions for purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with, and agrees with, the terms of this Offer;
b) they consent to the collection, processing, and transfer of personal data, the consent to the processing of personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its termination. In addition, by concluding the agreement, the Buyer confirms that they are informed (without additional notice) about the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of data collection, as well as that their personal data is transferred to the Seller for the possibility of fulfilling the conditions of this Agreement, the possibility of making settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notifications to the Buyer to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data according to the Law of Ukraine "On the Protection of Personal Data" is known and understood by the Buyer.
- Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. In this case, the price of an individual unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods the Buyer pays according to the current tariffs of delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending a letter to the email or when placing an order through the operator of the online store.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller.
4.7. Settlements between the Seller and the Buyer for the Goods are made in ways indicated on the website of the Online Store in the section "Payment and Delivery".
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods to qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.9. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature in the sales receipt/ or in the order/ or in the transport invoice for the delivery of goods, that they have no claims to the quantity of goods, appearance, and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or their Representative from the moment the Goods are received by the Buyer at the place of delivery of the Goods in case of self-delivery of the Goods from the Seller, or upon the transfer by the Seller of the goods to the delivery service (carrier) selected by the Buyer.
- Rights and Obligations of the Parties
5.1. The Seller is obliged to: 5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order. 5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and when fulfilling the Buyer's Order.
5.2. The Seller has the right to: 5.2.1 Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the website of the Online Store. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes to: 5.3.1 Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the Online Store. 5.3.2 To enable the Seller to fulfill their obligations to the Buyer, the latter must provide all necessary data that uniquely identify them as the Buyer, and sufficient for the delivery of the ordered Goods to the Buyer.
- Return of Goods
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy them in form, dimensions, style, color, size, or for other reasons cannot be used by them for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of goods of proper quality is carried out if they were not used and if their trade dress, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods, are preserved. The list of goods not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The return to the Buyer of the value of the goods of proper quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, provided the requirements stipulated in clause 6.1. of the Agreement, current legislation of Ukraine, are met.
6.3. The value of the goods is subject to return by bank transfer to the Buyer's account.
6.4. The return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.
6.5. In case of defects in the Goods during the warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present claims to the Seller as provided by the Law of Ukraine "On the Protection of Consumer Rights". When submitting claims for the free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at their disposal and physical access to such Goods.
6.6. The consideration of claims provided by the Law of Ukraine "On the Protection of Consumer Rights" is carried out by the Seller if the Buyer provides documents stipulated by current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties if such goods can only be used by the Buyer who purchased them (including at the Buyer's request non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the sizes of the goods and other characteristics indicated in the online store.
6.8. The return of goods, in cases provided by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section.
- Liability
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely execution of Orders and their obligations in case of providing the Buyer with inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or Buyer is released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or Buyer after the conclusion of this agreement. The party that cannot fulfill its obligations immediately notifies the other Party.
- Confidentiality and Protection of Personal Data
8.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer provides the Seller with their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation to provide information by the Seller to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of current legislation of Ukraine.
8.3. The Buyer is responsible for maintaining their personal data up to date. The Seller is not responsible for poor-quality performance or non-performance of their obligations due to the obsolescence of information about the Buyer or its inconsistency with reality.
- Other Terms 9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine. 9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for the resolution of the dispute in accordance with the current legislation of Ukraine. 9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided by clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
FOP SHYN PETRO VIKTOROVYCH Code 2612906831 UKRAINE, 02130, KYIV, VOSKRESENSKA ST., BLDG. 12-A, APT. 72 IBAN UA823052990000026002026227266 in JSC CB "Privat Bank" MFO 305299 tel. +38(050)4635826