This purchase and sale agreement (hereinafter referred to as the Agreement) in accordance with the Civil Code of Ukraine, the Law of Ukraine "On Electronic Commerce" is a public agreement (offer) and is addressed to an indefinite number of persons, regardless of status (individual, legal entity, individual entrepreneur), who wish to purchase goods in the online store "Maxima-decor" (hereinafter referred to as the Online Store), located on the Internet at https://maxima-decor.com. (hereinafter referred to as the store's website).
1.2. Meaning of terms and concepts used in this Agreement:
Acceptance - full and unconditional acceptance by the Buyer of the terms of this Agreement.
Buyer - any person, regardless of status (individual, legal entity, individual entrepreneur), who orders and purchases Goods in the Online Store.
Seller – FOP Dedyusheva Olena Ivanivna, location – Ukraine, 4000, Sumy, ul. G. Kondratieva, building 4, apt. 6, RNOKPP: 1636703523, IBAN UA493375460000026006055029591 in SF JSC KB "PRIVATBANK", which is a payer of single tax of group 2.
Goods – the object of the agreement of the parties, presented from the assortment for sale on the website of the Online Store, which was selected and purchased by the Buyer from the Seller on the website of the Online Store.
Order – a list of Goods selected by the Buyer, added to the Buyer's basket and confirmed for purchase by clicking the "Confirm order" button, which is the moment of placing an order by the Buyer.
Registration is a procedure during which the Buyer, by filling out the appropriate forms of the Online Store, provides the necessary information (Personal Data) to be able to place an order and pay for the Goods in the Online Store.
1.3. This Agreement is concluded between the Buyer and the Seller at the time of placing an order and is considered concluded from the moment of clicking the "Confirm Order" button on the order placement page and receiving the order confirmation from the Seller in electronic form by the Buyer.
1.4. By placing an order in the Online Store, the Buyer confirms his agreement with the terms established by this Agreement.
1.5. This Agreement may be amended and/or supplemented by the Online Store administration unilaterally without any special notice. The new or amended Agreement becomes valid after being posted on the Online Store website, and its updated provisions apply to orders placed after the updated provisions are posted on the Online Store website.
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 moment of full and unconditional acceptance by the Buyer of the terms of the Agreement (acceptance) is considered the moment of placing the order. The date of conclusion of the Agreement is the date of confirmation of the possibility of fulfilling the order by the Seller, which can be carried out by phone, by e-mail, in messengers including, but not exclusively, Viber, Telegram, WhatsApp or other communication channels available to the Buyer and the Seller.
2.3. The Seller, in cases provided for by the current legislation of Ukraine, provides the Buyer with a settlement document of the established form and content, created in paper and/or electronic form. The settlement document in electronic form is provided to the Buyer in any of the following ways: by displaying a QR code on the display of the software register of settlement operations (the display of the device on which the software register of settlement operations is installed), which allows a person to read it and identify it with the settlement document according to the structure of the data contained in it; by sending an electronic settlement document to the subscriber number or e-mail address provided by the Buyer; by displaying it in the user's account on the website of the Online Store; in another way provided for by the current legislation of Ukraine.
3.1. To place an order and in order to avoid re-entering the necessary data during subsequent orders in the future, the Buyer may, but is not obliged to, register on the website of the Online Store, providing reliable and up-to-date information necessary to fulfill the order. The Buyer is responsible for the consequences of providing inaccurate or incorrect information necessary to fulfill the order.
3.2. During registration on the website of the Online Store, the Buyer specifies a login (his e-mail) and password, as well as contact details and other information necessary to fulfill the order. The Buyer undertakes not to disclose the login and password specified during registration to third parties, and to store this data in a place inaccessible to third parties. The Buyer is solely responsible for all actions performed on behalf of the Buyer, that is, using his login and password.
4.1. The Buyer may place an order for any Goods that are in stock and presented in the Online Store.
4.2. The Buyer independently places an order in the Online Store through the "basket" form, or by placing an order by e-mail or by phone number specified in the contacts section of the Online Store.
4.3. After placing an order on the Online Store website, a message is sent to the Buyer's e-mail confirming the Buyer's order, indicating the names of the selected Goods and the total cost of the Goods. To confirm the order, the Online Store manager contacts the Buyer by phone and/or by e-mail, in messengers including, but not limited to, Viber, Telegram, WhatsApp or other communication channels using the contacts left by the Buyer when placing the order. After agreeing on all the details of the order, the Buyer is sent a notification of acceptance of the order for execution.
An order placed by the Buyer by phone does not require confirmation and is automatically confirmed.
4.4. In case of erroneous order placement by the Buyer, including those that occurred due to technical malfunctions in the website, as well as for other reasons beyond the Seller's control, the specified order is canceled, about which the Buyer is informed by the Seller by phone or by e-mail, in messengers including, but not limited to, Viber, Telegram, WhatsApp or other communication channels using the contacts left by the Buyer when placing the order.
4.5. In the event of the absence of the goods in the Seller's warehouse at the time of placing the order, the Seller may additionally agree with the Buyer on the terms of order fulfillment, or cancel the order upon agreement with the Buyer.
5.1. The product is presented on the Online Store website through photo samples that are the property of the Online Store.
5.2. The product may differ from the photo samples, but must necessarily meet the standards of the selected item.
5.3. Each photo sample is accompanied by text information: price and description of the product.
5.4. At the request of the Buyer, the Online Store manager may provide (by phone, e-mail or other channels) other information necessary for the Buyer to make a decision to purchase the product.
5.5. Prices for Goods and services are determined by the Seller independently and indicated on the Online Store website. All prices for Goods and services are indicated on the website in the national currency of Ukraine - hryvnias.
5.6. The price of the product indicated on the Online Store website may be changed unilaterally by the Online Store, but no later than the moment the Buyer places the order.
5.7. The prices indicated in the Online Store are valid only when ordering in the Online Store at the time of placing the order and are valid until its execution in the event of confirmation of the order by the Seller. The prices set on the Online Store website may differ from the prices for similar products at retail outlets in Ukraine. The price of a single unit of Goods, the cost of which is paid by the Buyer in full, cannot be changed unilaterally by the Seller.
5.8. Prices on the Online Store website may be changed at any time without notice by the Seller or the Online Store administration. The price is fixed at the time of placing the order for the Goods by the Buyer.
5.9. The cost of delivery of the Goods and other related services related to delivery are not included in the price of the Goods.
6.1. Delivery of Goods ordered in the Online Store, in the agreed quantity and assortment, is carried out by delivery services throughout Ukraine or by self-collection from the point of issue. The Buyer has the right to independently choose the delivery method and delivery service from the list proposed by the Seller. Buyers can familiarize themselves with the provisions regarding the delivery of Goods in the “Payment and Delivery” section on the website.
6.2. The costs of delivering the Goods are not indicated in the invoice issued when placing an order. The cost of delivery is calculated according to the tariffs of the delivery service and is paid separately in the delivery service.
6.3. The shipment and delivery of the ordered Goods are carried out within the terms agreed with the Buyer.
6.4. The Buyer is obliged, in the presence of the courier of the Online Store or a representative of the delivery service, to inspect and check the ordered Goods for quantity, quality, assortment and completeness of the Goods and, if there are no comments, to accept the Goods.
6.5. The fact of receipt of the Goods by the Buyer is the payment for the Goods, and in the event that the delivery of the Goods is carried out after its full payment - the fact of execution of documents on the delivery of the Goods or the absence of comments from the Buyer at the time of acceptance.
6.6. In the event of detection of poor-quality Goods, the Buyer has the right to refuse to accept the Goods and/or send them to the Seller's address specified in clause 1.2. of this Agreement, a claim with a description of the defects and documents confirming the purchase of the goods on the website of the Online Store (a copy of the electronic order, copies of the confirmation of the electronic order, a receipt for payment). For prompt communication and resolution of issues in the claim, the Buyer must indicate the means of communication convenient for him.
7.1. The methods of payment for the Goods are specified on the website of the Online Store in the section "Payment and Delivery" on the website. The procedure and terms of payment for the specified Goods are agreed upon by the Buyer with the manager of the Online Store, based on the list of possible payment options contained in the section "Payment and Delivery" on the website.
7.2. The Goods are paid for in the national currency of Ukraine - hryvnias.
8.1. The Seller is obliged to:
8.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
8.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided for by law, or at the request of the Buyer himself.
8.2. The Seller has the right to:
8.2.1 Change the terms of this Agreement, as well as the Tariffs (prices) for Goods and services, unilaterally, by posting them on the Online Store website. All changes shall come into force from the moment of their publication.
8.2.2 Engage the services of third parties for the fulfillment and delivery of orders, provision of customer support, data analysis and other services. In this case, the transfer of the Buyer's personal data for processing by third parties shall be carried out within the limits and on the terms specified in this Agreement and in the "Privacy Policy" section on the website.
8.3 The Buyer undertakes:
8.3.1 Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement and the tariffs (prices) offered by the Seller on the Online Store website.
8.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data sufficient to deliver the ordered Goods to the Buyer.
8.3.3. Pay for and accept the Goods delivered in accordance with the terms of the contract.
9.1. The return of the Goods is carried out in accordance with the current legislation of Ukraine on the protection of consumer rights.
9.2. The rules for returning the Goods are specified in the section "Exchange and return of goods" on the website.
10.1. The parties are responsible for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
10.2. The Seller is not responsible for the appearance, configuration of the Goods changed by the manufacturer.
10.3. In the event of force majeure, the parties are released from liability for failure to fulfill the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances are understood to mean events of an extraordinary, unavoidable, unforeseeable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the parties could not foresee and prevent by reasonable means.
11.1. The Buyer agrees not to take actions that may be considered as violating Ukrainian legislation, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Online Store.
11.2. The use of materials contained on the Online Store website is not allowed without the Seller's consent.
11.3. When citing materials from the Online Store, a link to the site is mandatory. Quotation is possible only after prior agreement with the Online Store administration.
11.4. Comments and other entries of Buyers on the Online Store website must not contradict the requirements of the current legislation of Ukraine, as well as generally accepted norms of morality.
11.5. The Buyer has no right to use the information published on the Online Store website in an unacceptable, offensive or illegal manner, for example, by sending unsolicited mail or spam to third parties.
12.1. All possible disputes arising from or related to this Agreement shall be resolved in accordance with the current legislation of Ukraine.
12.2. The Online Store reserves the right to expand and reduce the product offer on the Online Store website, regulate access to the purchase of any Goods, and also suspend or terminate the sale of any Goods at its sole discretion.
13.1. This Agreement is valid until the full fulfillment of obligations by the parties, except in cases of its early termination.
13.2. Before the expiration of the term of this Agreement, this Agreement may be terminated by mutual consent of the parties and in other cases provided for by this Agreement and the current legislation of Ukraine.
By placing an order, the Buyer agrees to the processing and use of his personal data provided by him during registration on the Online Store website and/or during order placement, including, but not limited to, the following data: name, surname, patronymic, date of birth, contact details (address, telephone) for the purposes of fulfilling the Buyer's orders, carrying out marketing activities and providing information about current offers, promotions offered by the Seller, analyzing the Buyer's preferences for organizing and conducting the specified marketing activities. Detailed information on the use of the Buyer's personal data is also contained in the "Privacy Policy" section on the website.