Public offer
Public Offer (Terms of Agreement)
Please read this agreement carefully before using the services of the Online Store zemlya.com.ua.
This text is an Agreement between the Online Store zemlya.com.ua, hereinafter referred to as the "Online Store" or "Site", and the user of the Online Store services, hereinafter referred to as the "Buyer", and determines the terms of purchasing goods through the Site.
Terms and Definitions
- Online Store
- Site, which has an address on the Internet https://zemlya.com.ua/, which presents the Products offered to Buyers for placing Orders, as well as the terms of payment and delivery of these Orders.
- Product
- Products offered for sale in the Online Store.
- Buyer (Client)
- An individual or legal entity that has placed an Order on the Website.
- Order
- A properly executed request from the Buyer for the purchase and delivery of the Product selected in the Online Store.
- Transport company
- A third party (courier service, postal service) providing services for the delivery of Products to Buyers.
1. Main Provisions
1.1. This Agreement is concluded between the Buyer and the Online Store at the time of placing the Order.
1.2. The information posted on the Website of the Online Store contains the terms of the offer to purchase the Goods and constitutes a public offer, the status of which is enshrined in Article 633 of the Civil Code of Ukraine (CCU). Acceptance (acceptance of the terms of the offer) is the fact of placing an Order by the Buyer for the offered Goods.
1.3. When placing an Order, the Buyer agrees to the terms and conditions stipulated by this Agreement by checking the box "I agree with the terms of the Agreement" (or similar) when placing the Order.
1.4. Any individual or legal entity capable of accepting and paying for the Goods in Ukraine may make a purchase in the Online Store.
1.5. The goods are paid for only in hryvnias by the methods specified on the "Payment and Delivery" page or agreed with the manager (for example, cash upon receipt, non-cash bank transfer to the bank account of the Online store, online payment).
2. Information about the goods
2.1. The goods are presented in the catalog through photo samples and/or text descriptions that are the property of the Online store or provided by the manufacturers.
2.2. Each photo sample is accompanied by accessible text information: article (if any), price and description of the Goods.
2.3 At the request of the Buyer, the Online store manager is obliged to provide (by phone or by e-mail) additional information necessary and sufficient, from the point of view of the Buyer, for him to make a decision on the purchase of the Goods.
2.4. The price of the Product indicated on the Website may be changed by the Online Store unilaterally. However, the price of the Product already ordered by the Buyer is not subject to change (except in cases of obvious technical error).
2.5. In the event of a change in the price of the ordered Product (for example, due to an error or price update before the order is confirmed), the Online Store manager will inform the Buyer about this at the first opportunity (by phone or by e-mail) to receive confirmation or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled.
2.6. The products sold by the Online Store may be labeled with information about the main properties of the product, how to use it, the location of the seller (in accordance with the requirements of the current legislation).
3. The procedure for purchasing goods
3.1. Orders are accepted through the basket of the Online Store https://zemlya.com.ua/, and can also be accepted by phone or through other communication channels specified on the Site.
3.2. The Buyer has the right to place an Order for any Product presented on the Site and available. Each Product can be ordered in the available quantity. The details of the Order are agreed with the manager.
3.3. If the Product is not in stock, the Company Manager is obliged to notify the Buyer (by phone or by e-mail).
3.4. If the Product is not available, the Buyer has the right to replace it with a Product of a similar model/characteristics, refuse this Product, cancel the Order.
3.5. The Buyer has the right to refuse the Order (cancel it) at any time before it is sent, by notifying the Online Store by phone or via e-mail.
4. Delivery and transfer of goods to the Buyer
4.1. Delivery of Goods purchased in the Online Store is carried out by Transport Companies throughout Ukraine or by self-pickup (if such an option is available beforestep and is indicated on the Website).
4.2 The ordered Goods are usually dispatched within 1-3 business days from the date of confirmation of the Order by the Buyer and/or receipt of payment (in case of prepayment). Saturday, Sunday and officially recognized holidays are not included in the number of business days.
4.3. Along with the Order, the Buyer may be provided with accompanying documents in accordance with the requirements of the law (for example, an invoice, a warranty card, if provided).
4.4. The Buyer is obliged to check the quantity, quality (absence of visible defects), assortment and completeness of the Goods upon receipt of the Goods (in the presence of a representative of the Transport Company or an employee of the pick-up point/store).
4.5. The fact of acceptance of the Goods by the Buyer is the signing of accompanying documents (for example, the carrier's consignment note) or payment for the Goods (in the case of payment upon receipt), confirming the absence of claims regarding the appearance, quantity and completeness.
4.6. In the event of an unjustified refusal by the Buyer to receive the Order at the time of delivery, the Buyer may be obliged to reimburse the Online Store for the costs of delivery of the Order in both directions.
4.7. The Buyer is not obliged to compensate the Online Store for the costs of delivery of the Order if, during the acceptance of the Goods, it is discovered that the Goods delivered are of inadequate quality, quantity, assortment or completeness due to the fault of the Online Store or the Goods were damaged during transportation (if there is a corresponding act drawn up with the carrier).
5. Payment for the order
5.1. The methods of payment for the Order are specified in the relevant section of the Website ("Payment and Delivery") or agreed upon with the manager. Payment can be made in cash upon receipt (cash on delivery), online on the Website or by bank transfer.
5.2. Payment for the Order by bank transfer must be made by the Buyer by 100% advance transfer of funds to the bank account of the Online Store within 3 banking days from the date of the invoice (unless other terms are agreed).
5.3. If funds are not received within the specified period (in case of prepayment), the Online Store reserves the right to cancel the Order.
6. Procedure for returning goods of proper quality
6.1. The Buyer has the right to refuse the delivered Goods of proper quality in the manner and within the timeframes established by the Law of Ukraine "On Protection of Consumer Rights" (usually within 14 days, not counting the day of purchase), if the goods have not been used, their presentation, consumer properties, seals, labels, as well as the payment document issued to the consumer along with the sold goods have been preserved. The list of goods that cannot be returned is determined by law.
6.2. Return of the Goods to the Online Store is possible only if the conditions specified in paragraph 6.1 are met.
6.3. The return of the Goods to the Online Store is made at the Buyer's expense at the store's address on business days from 9:00 to 18:00 or by sending by a transport company (after agreeing on the return with the manager).
6.4. When the Buyer returns the Goods of proper quality, the Online Store returns the amount paid for the Goods upon receipt and inspection of the returned Goods, minus the costs associated with delivering the Goods to the Buyer (if any).
7. The procedure for returning goods upon detection of a hidden defect (inadequate quality), warranty service
7.1. The Goods purchased in the Online Store are covered by a warranty in accordance with the legislation of Ukraine and the manufacturer's terms and conditions (if any). During the warranty period (or the period established by law, for example, 14 days for identifying obvious defects), the Buyer, in the event of detection of defects in the Product that arose due to the fault of the manufacturer/seller, has the rights provided for by the Law of Ukraine "On Protection of Consumer Rights", including: free elimination of defects, proportional price reduction, replacement with a similar product of proper quality, return of the product and receipt of the amount paid for it.
7.2. Return (or transfer for examination/repair) of the Product of inadequate quality to the Online Store is made at the expense of the Buyer (or by agreement of the parties) to the address specified in paragraph 6.3, or through the Transport Company.
7.3. Claims regarding the quality of the Product are considered within the timeframes established by the legislation of Ukraine (usually up to 14 days, or longer if an examination is required).
8. Other
8.1. The online store zemlya.com.ua reserves the right to expand and reduce the product offering on the Site, regulate access to the purchase of any Products, and suspend or terminate the sale of any Products at its sole discretion.
8.2. This Sthe announcement shall be considered as published on the Site and shall be applied and interpreted in accordance with the legislation of Ukraine.
8.3. All disputes related to the failure to fulfill or improper fulfillment of their obligations under this Agreement, the parties shall try to resolve through negotiations. In case of failure to reach an agreement, disputes shall be resolved in court in accordance with the current legislation of Ukraine.