Public contract (OFFER)

to order, purchase and sale and delivery of goods

This contract is an official and public offer of private entrepreneur Slipko O.V.
(hereinafter – the Seller, Internet store) to enter into a contract of sale of the Goods presented on the website masale.com.ua. This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without favoring one buyer over another. By concluding this contract, the buyer fully accepts the terms and conditions of placing an order, paying for the goods, delivering the goods, returning the goods, responsibility for an unscrupulous order and all other terms of the contract. The contract is considered concluded from the moment the “Confirm Order” button is clicked on the checkout page in the “Basket” section and the buyer receives an electronic confirmation of the order from the Seller.

1. Definition of terms
1.1. Public offer (hereinafter – the Offer) – a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the purchase and sale of goods remotely (hereinafter – the Agreement) with the Seller on the terms and conditions contained in this Offer.
1.2. The product or service is the object of the agreement of the parties, which was selected by the buyer on the website of the online store and placed in the basket, or already purchased by the buyer from the seller remotely.
1.3. Online store – the Seller’s website at the address masale.com.ua is created for the conclusion of retail and wholesale sales contracts based on the Buyer’s familiarization with the description of the Goods proposed by the Seller using the Internet.
1.4. The buyer is a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Internet store website for purposes not related to the implementation of business activities, or a legal entity or an individual entrepreneur.
1.5. The seller is private entrepreneur Slipko (identification code 3070215128), a business entity, an individual entrepreneur, acting in accordance with the current legislation of Ukraine, and registered at the address: Kyiv, street Dniprovska Naberezhna, 9-A

2. 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 Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date of filling out the order form by the Buyer located on the website of the online store, provided that the Buyer receives an electronic confirmation of the order from the Seller. If necessary, at the request of the Buyer, the Agreement can be executed in writing.

3. Order processing
3.1. The buyer independently issues an order in the online store through the “Basket” form, or by placing an order by e-mail, or by phone numbers specified in the “Contacts” section of the online store, or by posting messages on the pages of social online platforms belonging to the Internet – shop.
3.2. The Seller has the right to refuse to transfer the order to the Buyer in the event that the information provided by the Buyer during the order placement is incomplete or raises suspicions about their validity.
3.3. When placing an order in the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Surname, first name of the Buyer
3.3.2. The address to which the Goods should be delivered (if delivery to the Buyer’s address)
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer’s basket on the Internet store website.
3.5. If any of the Parties to the contract needs additional information, it has the right to request it from the other Party. If the Buyer does not provide the necessary information, the Seller is not responsible for providing 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. Offer prices), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.3.4. of this Offer.
3.7. The Buyer’s communication with operators/managers and other representatives of the Seller must be based on the principles of generally accepted morality and communication etiquette. Use is strictly prohibited obscene words, insults, insulting expressions, as well as threats and blackmail, regardless of the form and to whom they were addressed.
3.8. Acceptance by the Buyer of the terms of this Offer works with the help of the Buyer entering the relevant data in the registration form on the website of the online store or when placing the Order through the operator. After placing the Order through the Operator, the Buyer’s data is included in the Seller’s database.
3.9. The buyer is responsible for the accuracy of the information provided when placing the Order.
3.10. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing the Order, the Buyer confirms the following:
a) The buyer is fully and completely acquainted with and agrees with the terms of this offer (Offer);
b) he gives permission for the collection, processing and transfer of personal data, the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he has been informed (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, the purposes of data collection, as well as the fact that his personal data is transferred to the Seller for the purpose of being able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications from the Buyer for the purpose of fulfilling the Buyer’s order. The extent of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understood by him.

4. 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 hryvnia, including VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. Payment for the Goods is made by the Buyer, in accordance with the conditions indicated on the website in the “Delivery and payment” section
4.4. The seller has the right to provide discounts on the Goods and establish a bonus program. The types of discounts, bonuses, the procedure and terms of accrual are determined by the Seller independently and indicated on the Internet site.
4.5. The Buyer pays the cost of delivery of the Goods in accordance with the current rates of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.6. The Seller can indicate the estimated 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 e-mail or when placing an order through the operator of the Internet store.
4.7. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller on his account.
4.8. Settlements between the Seller and the Buyer for the Goods are carried out by the methods and conditions specified on the website of the online store in the “Delivery and payment” section.
4.9. The territory of delivery of the Goods presented in the online store is limited to the borders of Ukraine.
4.10. Delays in delivery are possible due to unforeseen circumstances that are not the fault of the Seller.
4.11. Upon delivery, the Goods are handed over to the Buyer or a third party specified in the order as the recipient (hereinafter the Buyer and the third party are referred to as the Recipient.
4.12. When receiving the goods, the Recipient must check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date) in the presence of the representative of the delivery service (carrier).
4.13. The buyer or his representative, during the acceptance of the Goods, confirms with his signature in the goods receipt/or in the order/or in the waybill for the delivery of the goods that he has no complaints about the quantity of the Goods, appearance and completeness of the Goods.
4.14. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or when the Seller hands over the goods to the delivery service (carrier) chosen by the Buyer.
4.15. The Seller’s obligation to deliver the Goods to the Buyer is considered fulfilled at the moment the Buyer receives the shipment, as this moment is determined in accordance with the current rules of postal communication.
4.16. The order of delivery and opening of Shipments containing Goods is determined by the current rules of postal communication.
4.17. The Buyer understands and agrees that delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the performance of which ends when the Recipient receives the Goods and makes payment for them.
4.18. Claims regarding the quality of the purchased Goods that arose after receiving and paying for the Goods are considered in accordance with the Law of Ukraine “On the Protection of Consumer Rights” and the Seller’s warranty obligations. In this regard, the purchase of Goods with delivery does not give the Buyer the right to demand delivery purchased Goods for the purpose of warranty service or replacement and does not mean the possibility of returning the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods, in accordance with the Law of Ukraine “On the Protection of Consumer Rights”.

5. Rights and obligations of the Parties
5.1. The seller is obliged to:
5.1.1. Hand over 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 during the execution of 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 of Goods and services, unilaterally, by placing them on the website of the Internet store. All changes take effect from the moment of their publication.
5.3. The online store may be temporarily, partially or completely unavailable, as a result of preventative or other work or for any other technical reasons. The Seller’s technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to the Buyers.
5.4. The buyer undertakes:
5.4.1. Before concluding the Agreement, familiarize yourself 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.
5.4.2. In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.

6. Return of Goods
6.1. In accordance with Appendix No. 3 to the Decree of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172 on the List of Goods of Appropriate Quality, Online Store Products are not subject to exchange (return).
6.2. Return of goods of inadequate quality.
A product of inappropriate quality means a product with an inappropriate taste, smell, or expiration date. The received Product must correspond to the description on the Site. The difference of design elements or design from those stated in the description on the Site is not a sign of inadequate quality of the Product and/or the impossibility of using it for its intended purpose.
6.3. The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Goods.
6.4. After receipt of the Goods, claims regarding external defects of the Goods, their quantity, completeness and appearance are not accepted.
6.5. If the Buyer was given Goods of improper quality, not in the same quantity, or something else that was not agreed in advance by the Seller, the Buyer has the right to use the provisions of Art. 8 “Consumer’s rights in case of purchase of goods of inadequate quality” of the Law of Ukraine “On Protection of Consumer Rights”.
6.6. Consideration of the requirements stipulated by the Law of Ukraine “On the Protection of Consumer Rights” is carried out by the Seller on the condition that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods that arose after their transfer to the Buyer as a result of the Buyer’s violation of the rules for the use or storage of the Goods, the actions of third parties or due to force majeure
6.7. The buyer does not have the right to refuse a good quality product that has individually defined properties, if the specified product can be used exclusively by the buyer who purchased it, (including at the buyer’s request to order a product of non-standard size, characteristics, external appearance, configuration, etc.). The confirmation that the product has individually defined properties is the difference in product sizes and other characteristics specified in the online store.
6.8. The return of goods, in the cases provided for by law and this Agreement, is carried out at the address specified on the website in the “Contacts” section.

7. Payment security policy
7.1. Online store payment methods:

  • Cashless payment to a bank card
  • Electronic payment system
  • Bank transfers for legal entities and individuals
  • Cash – in the case when the actual pick-up point indicated in the online stores in the “Delivery and payment” section is selected as the method of delivery of the goods
  • Post-payment – calculation upon receipt of the Goods upon delivery of the order by the Nova Poshta service (the order is sent by the Seller upon prepayment of UAH 100 to the Seller’s bank card; the fee for the transfer of funds is calculated in accordance with the current payment rules of the Nova Poshta service).

7.2. When paying for an order by bank card, payment processing (including entering the card number) takes place on a secure page of the processing system. This means that the Buyer’s confidential data (card details, registration data, etc.) do not reach the Seller – their processing is completely protected and no one can get the Buyer’s personal and bank data.
7.3. Refunds are made by refunding the cost of the goods paid for by bank transfer, as well as by transfer to a bank card (the card must be issued on the territory of Ukraine). The method of refund will be determined by telephone/postal negotiations between the Buyer and the representative of the online store.
7.4. Procedure for refunding funds
7.4.1. Refunds are made exclusively in the same way as the payment for the Goods was made. For example, if the Buyer paid for the Goods with a VISA/MASTERCARD card, the refund is carried out by canceling the transaction (refund) and, as a result, the refund can be made by bank transfer exclusively to the Buyer’s VISA/MASTERCARD card.
7.4.2. Before requesting a refund of the remittance for the Goods, the Buyer must personally verify the correctness of the bank card details provided by him. Otherwise, the Seller is not responsible for the bank details incorrectly specified by the Buyer for the return of the money bank transfer to the Buyer’s card.
7.4.2. Refund terms depend on the method of payment for the Goods chosen by the Buyer.
7.4.3. When issuing a refund to the Buyer’s bank card, a service fee or commission of the payment banking system for refund may be deducted from the amount to be refunded.

8. Responsibility
8.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper transportation, use, storage of the Goods purchased from the Seller.
8.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
8.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
8.4. The Seller or the Buyer shall be released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of such force majeure circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and / or the Buyer after concluding this contract. The Party that cannot fulfill its obligations is obliged to immediately notify the other Party.

9. Privacy and protection of personal data.
9.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of one’s personal data, as well as taking other actions provided for by the Law of Ukraine “On the Protection of Personal Data”, without limiting the validity period of such consent.
9.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract 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 the current legislation of Ukraine.
9.3. The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Buyer or its inconsistency.

10. Miscellaneous
10.1. This Agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
10.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
10.3. The seller has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.

ADDRESS AND DETAILS OF THE SELLER:
Private Entrepreneur Slipko O.V.
Address: 02218
Kyiv, st. Dniprovska Naberezhna, 9-A
Code in National State Registry of Ukrainian Enterprises and Organizations: 
3070215128
Settlement account
UA 913535860000026006051432353
Bank JSC CB “PRIVATBANK”
BIN Bank 353586
Е-mail: ol**@ma****.ua
☎ +38(073) 176 20 02

banner-thank-you

Оставьте свой контакт

и мы с Вами свяжемся

banner-thank-you

Залиште свої контакти

і ми Вам зателефонуємо

banner-thank-you

Спасибо за запрос :)

Ожидайте на звонок менеджера в ближайшее время.
banner-thank-you

Дякуємо за запит! :)

Очікуйте на дзвінок менеджера найближчим часом.