Offer agreement

This Agreement is a public agreement - a public offer agreement, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of ordering, payment for goods, and delivery of goods. This Agreement is an agreement between the online store ‘crumb.com.ua’ (hereinafter referred to as the ‘Seller’) and any legal entity, individual entrepreneur or individual user of the services of the online store, hereinafter referred to as the ‘Buyer’ (hereinafter referred to as the ‘Buyer’), which includes all the essential conditions for organising the sale and purchase by remote means (i.e. through the online store). The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine ‘On Consumer Protection’ No. 1023-XII of 12 May 1991, the Rules of Retail Trade in Non-Food Products approved by the Order of the Ministry of Economy of Ukraine No. 104 of 19 April 2007. This agreement has the nature of a public offer, is equivalent to an ‘oral agreement’ and has due legal force in accordance with the current legislation of Ukraine.

1. General provisions

1.1 This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organising the sale and purchase by remote means, i.e. through the online store.1.2. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract, i.e. the public offer of the online store, is the fact of clicking on the link ‘Place an order’, ‘Place an order’ or ‘Buy in 1 click and payment of the order in the amount of 100% under the terms of this agreement.1.3. The public offer is also accepted when the Buyer registers on the website of the online store.1.4. By entering into the Agreement, the Buyer confirms that he/she is fully acquainted with and agrees to its terms and conditions, and, if the Buyer is an individual, gives permission to process his/her personal data in order to fulfil the terms of this Agreement, to make mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal data shall be valid for the entire term of the Agreement. In addition, by entering into this Agreement, the Buyer confirms that he/she has been informed (without additional notice) of the rights established by the Law of Ukraine ‘On Personal Data Protection’ and the purposes of data collection. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine ‘On Personal Data Protection’ is known and understood by him/her.

2. Terms and definitions.

2.1. ‘Online store’ - an individual entrepreneur Savchenko Dmitry Alekseevich RNOKPP 2426600976: , which is registered in accordance with Ukrainian law and which is the owner or distributor of the Goods through the Site (cnb35.com.ua), and intends to sell it2.2. ‘Website’ of the Seller - ‘cnb35.com.ua’, created for the conclusion of retail sales on the basis of the Buyer's acquaintance with the description of the Goods offered by the Seller in the photographs, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods - a remote means of selling goods.2.3. ‘Product’ - a list of assortment items presented in the online store.2.4. ‘Personal data’ - any information that directly or indirectly relates to a specific person or to a person who is determined.2.5. ‘Significant defect of the Goods’ - a defect that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), independent of the consumer.

3. Subject matter of the contract

3.1 The Online Store undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this Agreement.3.2. This agreement governs the sale and purchase in the online store, including:a) voluntary selection by the Buyer of goods in the online store by category;b) the Buyer's independent placement of an order on the website in the online store;c) payment by the Buyer for the order placed in the online store;d) fulfilment and transfer of the order to the Buyer in the ownership under the terms of this Agreement.

4. The procedure for registration of an order.

4.1 The buyer independently places an order online in the online store or by telephone using the contacts indicated in the online store.

5. Cost and payment procedure for goods on the website

5.1. The full cost of the goods is indicated on the pages of the Seller's online store.5.2 Prices for Goods and services may vary depending on market conditions, which is reflected in the prices in the online store. The Seller may not change the price for a particular Buyer if the latter has already paid for the Goods (services).5.3 The Buyer pays for the order (in the amount of 100% of the prepayment) using Internet banking.5.4. Each item can be presented in the order in any quantity.5.5. In the absence of goods in the warehouse, the Seller is obliged to notify the Buyer (by phone, via messenger or via e-mail).5.6. In the absence of goods, the Buyer has the right to replace it with goods of a similar model, refuse this product, cancel the order.

6. Delivery of the order

6.1. The goods are shipped to the Buyer upon receipt of 100% payment of the invoice from the Buyer within three business days from the date of payment.6.2. Delivery and return of the goods is carried out by the Seller or the transport company (carrier) at the expense of the Buyer. The total delivery time may not exceed 10 working days.6.3. The exact cost of delivery is not indicated in the online store, as it depends on the current tariffs of the transport company (carrier).6.4. When ordering bulk quantities, the terms and methods of delivery are agreed upon separately in each case.6.5. The seller is not responsible for the delivery time of the order, because they depend on the actions of third parties (carriers).6.6. The Buyer shall pay the delivery cost to the Carrier Company independently upon receipt of the goods. The exact cost of delivery is determined by the Carrier Company.6.7. Upon receipt of the goods from the carrier, the Buyer shall verify its integrity and completeness by inspecting the contents of the package. In case of damage and incomplete completeness, they shall be recorded in the act, which shall be signed by the carrier's employee together with the Buyer.

7. Return of goods of good quality.

7.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.7.2. The return of goods to the online store is carried out at the expense of the Buyer.7.3. When the Buyer returns the goods of good quality, the Online Store shall refund the amount paid for the goods upon return of the goods, less compensation for the costs of the Online Store associated with the delivery of the goods to the Buyer.

8. Rights and obligations of the parties

8.1. The Buyer is obliged to:a) to get acquainted with the information about the Goods posted on the Seller's website;b) place an order on the website independently;c) timely pay for and receive the order from the Carrier under the terms of this Agreement.8.2. The Buyer has the right to require the Online Shop to comply with the terms of this Agreement.8.3. The online store is obliged to:a) comply with the terms of this agreement;b) transfer the goods to the Buyer in accordance with the selected sample placed in the online store, the placed order and the terms of this agreement;c) the online store is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the action or inaction of third parties.8.4. The Online Store has the right to:a) unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.

9. Procedure for acceptance of goods by the Buyer

9.1. Upon receipt of the Goods at the carrier's warehouse, from the courier or the Seller, the Buyer shall check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and completeness of its completeness.9.2. In the event of at least one of the defects listed in clause 9.1. of the Agreement, the Buyer is obliged to record it in a free-form act. The act must be signed by the Buyer and an employee of the carrier or the Seller within 1 (one) day from the date of signing the Act, the Buyer must notify the Seller of the identified defects and agree on the replacement of the Goods.9.3. All issues not regulated in this Offer Agreement related to the procedure, conditions or replacement of the Goods in case of defects shall be regulated in accordance with the warranty obligations determined by the manufacturer of the relevant Goods, and in case the manufacturer does not establish such warranty obligations - in accordance with the current legislation of Ukraine.

10. Responsibility of the parties

10.1. The Parties shall be liable for non-fulfilment or improper fulfilment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.10.2. In the event of force majeure, the Parties shall be exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean events of an extraordinary, unavoidable unpredictable nature that exclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures.10.3. The Party invoking force majeure shall notify the other Party in writing of the occurrence of such circumstances within five calendar days.10.4. If, due to force majeure circumstances, the failure to fulfil obligations under this Agreement lasts for more than five months, each of the Parties shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing.10.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations. 

11. Other terms and conditions

11.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the website ‘cnb35.com.ua’11.2. The online store was created to organise a remote method of selling goods via the Internet.11.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.11.4. The Buyer is responsible for the accuracy of the information provided when placing an order.11.5. The Buyer's payment for the order placed in the Online Store means the Buyer's full acceptance of the terms of the Sale and Purchase Agreement (public offer of the Online Store) and is the date of conclusion of the Sale and Purchase Agreement between the Seller and the Buyer.11.6. The use of the Online Store resource for viewing the goods and placing an order is free of charge for the Buyer.11.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely 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.)11.8. By accepting the Agreement or registering on the website ‘cnb35.com.ua’ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data in the Seller's registered database ‘Counterparties’ for the following purpose: data that becomes known. The Seller will use it for commercial purposes, including processing orders for the purchase of goods, receiving information about orders, sending advertising and special offers, information about promotions, drawings or any other information about the activities of the store by telecommunication means (e-mail, mobile communication). For the purposes provided for in this paragraph, the Seller has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send SMS messages, make calls to11.9. The Buyer grants the Seller the right to process his/her personal data, including: to place personal data in the Buyer's databases (without additional notification of the Participant thereof), to store data for life, accumulate, update, change (as necessary). The Buyer undertakes to ensure the protection of data from unauthorised 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 authorised by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing an application for refusal to receive advertising materials, sending it to the postal or e-mail address.

12. Term of this agreement

12.1 This agreement comes into force from the date of ordering or registration in the online store ‘cnb35.com.ua’ and is valid until all the terms of the agreement are fulfilled.

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