PUBLIC AGREEMENT FOR THE PURCHASE AND SALE OF GOODS
in the Wonder Makers Shop online store
Guided by Art. 633, 641, 642 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine) and the Rules for the sale of goods to order outside retail and office premises, approved by Order No. 103 of the Ministry of Economy of Ukraine dated 04/19/2007, by placing the following Public Contract of Sale of Goods , as well as the information contained on the website of the online store "M5magic Magic Store": https://m5magic.com (hereinafter - the Site) The Seller makes an offer (offer) to individuals (hereinafter - the Buyer) for the purchase of goods posted on the Site , on the terms of the specified Public Agreement for the purchase and sale of goods.
1.1. Online store "Magazine of tricks M5magic" - web page https://m5magic.com
1.2. The seller is a natural person-entrepreneur Golev Mykyta Oleksiyovych (identification code 3534205197), who places on the Site information about the goods sold by him (hereinafter the Goods).
1.3. Public contract - this contract of sale, which establishes for all Buyers, natural persons, except for those who have been granted benefits in accordance with the legislation of Ukraine, the same conditions for the purchase of Goods under the terms of a public offer from the moment of its acceptance by Buyers.
1.4. An offer is an offer of the Seller, addressed to any natural person in accordance with Art. 641 of the Civil Code of Ukraine, enter into a contract with him on the terms stipulated by the Public Contract. The offer becomes effective from the moment of its posting on the Site.
1.5. Acceptance - the provision by the Buyer of full and unconditional consent to the Seller's offer to enter into this Public Contract on the terms stipulated by the Public Contract, which is drawn up in one of the following ways:
1.5.1. by sending the written Order of the Goods by the Buyer to the e-mail posted on the Site;
1.5.2. by the Buyer sending a text message with a written Order for the Goods to the telephone numbers indicated on the Site;
1.5.3. by the Buyer sending the Order for the Goods using the system posted on the Site;
1.5.4. by verbally ordering the Goods over the phone of the Seller's online store.
From the moment the Seller receives the Order for the Goods from the Buyer, this Agreement is considered concluded.
1.6. Order - individual items from the assortment list of Goods, specified by the Buyer when placing the Order on the Site or ordered in any other way.
1.7. Courier delivery - direct delivery of the Goods from the delivery service employee to the Buyer at the place indicated by the Buyer as the delivery address.
1.8. A significant defect is a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, was caused by the fault of the Seller, after its elimination appears again for reasons independent of the Buyer, and at the same time has one of the following characteristics:
1.8.1. the defect cannot be eliminated at all;
1.8.2. elimination of the deficiency requires more than 14 (fourteen) calendar days;
1.8.3. the defect makes the Product significantly different from what is provided for in the Public Contract.
2.1. The Seller undertakes to transfer to the Buyer the Goods, which belong to the Seller by right of ownership, and the Buyer undertakes to accept the Goods and pay for them in the manner and under the conditions stipulated by the Public Contract.
2.2. The Buyer is obliged to familiarize himself with the terms of this Agreement, and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement except by publishing it on the Site.
2.3. The acceptance by the Buyer confirms that the Buyer has familiarized himself with the content of this Agreement, the registration data of the Seller, the procedure for accepting claims, the characteristics of the Goods, the price of the Goods, the terms of payment for the price of the Goods, the terms of delivery of the Goods and the payment of the cost of such delivery, warranty obligations for the goods , by the order of termination of this Agreement.
2.4. By concluding this Agreement, the Buyer confirms that he is familiar with the information about the Goods sold under the terms of this Agreement, namely, regarding its shape, dimensions, appearance, design, color, size, quality, features of use, with the characteristics of the material from which The product is manufactured, as well as with information about its manufacturer, is aware of such characteristics of the Product and their meaning, and agrees to purchase such a Product with such characteristics.
2.5. In case of written request of the Buyer, this Agreement can be printed and signed by the Parties.
3.1. The price of the Product is indicated on the Site in the national currency of Ukraine (hryvnia) per unit of the Product according to the price list established by the Seller.
3.2. The Seller reserves the right to change the price of the Goods before the Order is placed without warning the Buyer.
3.3. The final price is the price indicated in the appropriate section on the Site for cashless payment by bank card, or the price indicated in the appropriate section on the Site at the time the Buyer receives the account number when paying using payment systems and terminals, or the price indicated in the issued invoice.
4.1. Settlements between the Parties under this Agreement are carried out in the national currency of Ukraine by the Buyer transferring the appropriate amount of money to the Seller's current bank account, according to the details specified on the Site, or in the account for payment of the corresponding Product provided to the Buyer by the Seller, as well as using payment systems.
4.2. The date of payment by the Buyer of the value of the Goods shall be the date of receipt of the corresponding amount of funds to the current bank account of the Seller.
4.3. The buyer undertakes to pay 100 (one hundred) % of the cost of the Goods by the time of receipt or by the time the ordered Goods are sent to him in accordance with clause 4.9. of the Agreement if the ordered Goods are available in the Seller's warehouse.
4.4. Before delivering the Goods to the Buyer, the employees of the online store have the right to demand from the Buyer a document confirming the fact of payment for the Goods.
4.5. In case of incomplete or untimely payment by the Buyer for the ordered Goods, the Seller reserves the right to refuse the sale of such Goods, suspension or complete non-fulfillment of the obligations assumed and at the same time is not responsible for the possible consequences of such a decision / action. At the same time, the Seller informs the Buyer about the occurrence of such events and offers possible measures to eliminate them, in order to properly place the order and accept it for execution by the Seller.
4.7. The Goods are transferred to the Buyer only upon receipt of full payment by the Seller, which means payment of 100 (one hundred)% of the cost of the ordered Goods according to the current prices at the time of placing the Order.
4.8. Delivery of the ordered Goods is carried out in accordance with the conditions specified on the Site.
4.9. The delivery of the Goods is carried out by sending the Goods using JSC "Ukrposhta" or LLC "Nova poshta", as well as in another way at the request of the Buyer.
4.10. In the case of delivery of the Goods by the Seller, the responsibility for the preservation of the Goods until the moment of its transfer to the Buyer shall be borne by the Seller.
4.11. In the case of delivery of the Goods by courier or forwarding service, responsibility for the preservation of the Goods until the moment of its transfer to the Buyer shall be borne by the courier or forwarding service.
4.12. The Seller undertakes to send the Goods to the Buyer within 5 (five) working days from the moment of receipt of the Order and full payment of the Goods and if the Goods are available in the Seller's warehouse.
4.13. The Seller undertakes to deliver the Goods to the Buyer within 25 (twenty-five) working days from the moment of receipt of advance payment for the Goods in the manner stipulated by the Public Contract, in the event that the Goods are not in the Seller's warehouse, if such Goods are available "on order".
4.14. In the event of a delay in the delivery of the Goods not due to the fault of the Seller, the delivery period may be extended by 10 (ten) calendar days, provided that the seller notifies the Buyer in advance of the delay by submitting a corresponding message to the Buyer's e-mail or by phone specified by the Buyer. Such extension of terms is not a violation of the obligation under the Agreement.
4.15. In the case of delivery of the Goods to the Buyer by a courier or forwarding service, ownership of the Goods passes to the Buyer from the moment of payment of 100 (one hundred) % of the price of the Goods and delivery of the Goods to the courier or forwarding service for delivery to the Buyer. In this case, the consignment note for the Goods is considered signed by the Buyer if the Buyer receives confirmation from the courier or forwarding service that the Buyer has received the Goods, which can be provided by such a service in the form of access through the Internet site to information about the shipment status.
4.16. In the absence of the Buyer at the time of delivery of the Goods, at the time and place specified in the Order, a re-delivery fee will be charged in accordance with the tariffs.
4.17. The Buyer may be refused the registration of the purchase of the Goods if the Goods are not available (in stock).
5.1. All the Seller's Goods are subject to warranty obligations, in accordance with the legislation of Ukraine, regulatory documents for the Goods. Depending on the type of Product, the Seller guarantees the functionality and preservation of the quality indicators of the Product and its characteristics during the warranty period, expiration date, and the period during which the manufacturer guarantees the safe use of the Product.
5.2. In the event that the Buyer discovers defects in the Product during the warranty period / expiration date / the period during which the manufacturer guarantees the safe use of the Product, the Buyer has the right to:
5.3.1. for a proportional reduction in the price of the Goods;
5.3.2. for free elimination of defects in the Goods within a reasonable time;
5.3.3. for reimbursement of expenses for the elimination of defects in the Goods.
5.3. In the event that the Buyer discovers during the warranty period / expiration date / the period during which the manufacturer guarantees the safe use of the Product defects of the Product, significant defects of the Product, the Buyer has the right:
5.4.1. demand replacement of the Product with the same or similar one from among those available at the Seller.
5.4. In case of discovery of significant / hidden defects of the Goods after receiving the Goods, the Buyer is obliged to inform the Seller about such defects no later than the next working day from the day of their discovery.
5.5. The delivery of the Goods for elimination of defects to the nearest retail outlet of the Seller during the warranty period or after the expiration of the warranty period is carried out in accordance with the Law of Ukraine "On the Protection of Consumer Rights".
5.6. Consideration of the Buyer's claims takes place in strict accordance with Art. Art. 7, 8 of the Law of Ukraine "On Protection of Consumer Rights".
5.7. The color and shape of the Product may differ from the original depending on the specifics of the monitor image transmission.
5.8. The parties have agreed that most of the Goods, by their specificity, contain a "magical secret" of the use of the purchased Goods, which is sent together with the Goods. The secret of the use of the Product is an object of intellectual property law, in accordance with Book Four of the Civil Code of Ukraine and the Law of Ukraine "On Protection of Rights to Inventions and Utility Models" and is subject to proper protection. In order to prevent infringement of intellectual property rights, such Goods are not subject to return. In the event of failure of the purchased Product, the terms of warranty obligations specified in this Section of the Agreement shall apply.
6.1. For failure to fulfill or improper fulfillment of obligations under the Public Contract, the Seller and the Buyer bear the responsibility provided for by the current legislation of Ukraine.
6.2. In case of violation of the terms of making payments stipulated by the Public Contract, the Buyer undertakes to pay the Seller a penalty in the amount of double the accounting rate of the National Bank of Ukraine for each day of delay in payment.
6.3. The amount of damages (both material and non-property) that may be paid to the Buyer in connection with non-fulfillment of the Order due to the Seller's fault or its improper execution, other violations of the Buyer's rights in accordance with Art. 22 of the Civil Code of Ukraine is limited to 5% of the value of the purchased Goods.
6.4. In case of premature termination of the Public Contract at the initiative of the Seller, provided that the Buyer complies with all the terms of this Contract, before the delivery of the goods to the Buyer, the Seller undertakes to return to the Buyer 100 (one hundred)% of the advance payment for the Goods.
6.5. Payment of a penalty or fine does not release the Buyer or the Seller from fulfilling the obligations under the Public Contract.
7.1. The contract enters into legal force from the moment of its acceptance by the Buyer and is valid until the moment of full fulfillment of obligations by the Seller and the Buyer.
7.2. A public contract may be prematurely terminated:
7.2.1. by mutual consent of the Seller and the Buyer;
7.2.2. by court decision;
7.2.3. in case of force majeure (force majeure), which is confirmed by the relevant document of the competent authority;
7.2.4. in the event that the Product is not available (in stock) and the Buyer refuses to replace the Product with another similar Product.
7.3. The parties have agreed that in case of termination of this Agreement at the initiative of the Buyer or refusal of the Buyer to deliver and hand over the Goods by the Seller after payment of the price of the goods and ordering of such goods by the Seller from the manufacturer, the Seller has the right not to return to the Buyer the funds paid by him or has the right to return such funds in part in the amount of no more than 0.1% of the total cost of the Goods ordered by the Buyer. The Seller has the right to return funds to the Buyer in any other amount, if there is a mutual agreement of the parties under this Agreement.
8.1. All disputes that have arisen in connection with non-fulfillment or improper fulfillment of the terms of the Public Contract shall be resolved through negotiations.
8.2. Disputes that could not be resolved through negotiations are subject to judicial review in accordance with the current legislation of Ukraine.
8.3. The invalidity of individual provisions of the Public Contract does not imply the invalidity of the Public Contract as a whole, since it can be assumed that this Public Contract could have been concluded without including such provisions in it.
8.4. The Buyer confirms that from the moment the Order was placed, he (the Buyer) was notified of the inclusion of his own personal data voluntarily provided to the Seller in the "Counterparties" personal data base.
8.5. The Buyer allows the Seller to carry out all actions that, in accordance with the Law of Ukraine "On the Protection of Personal Data", constitute the processing of the Buyer's personal data, in accordance with the stated purpose of their processing, which is to ensure the implementation of economic, civil law, tax relations and relations in the field provided for by the founding documents , accounting, relations in the field of human resources management, and the implementation of operational activities with such data, which allows to fix a person for a certain object in the field of his activity in accordance with the Civil Code of Ukraine, the Economic Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine "On accounting and financial reporting in Ukraine".
8.6. In order to achieve the purpose of processing the personal data base "Counterparties", the Buyer grants permission to process his personal data in the amount provided to them when concluding the Agreement with the Seller and necessary for the realization of the above-mentioned purpose.
8.7. The Buyer confirms that from the moment of placing the Order, he (the Buyer) is familiar with the rights provided for by the Law of Ukraine "On the Protection of Personal Data".
8.8. The buyer gives his consent to the processing, storage and transfer (distribution) of his personal data to third parties, which are included in the personal data base of the Seller "Counterparties", exclusively for the purpose provided for in this Agreement, to entities related to the implementation of this purpose.
8.9. The buyer gives his consent to the storage of his personal data for 75 (seventy five) years.
8.10. The buyer gives consent to access to personal data included in the personal data base of the Seller "Counterparties" to third parties in the cases and in the order provided by the current legislation of Ukraine, and does not require notification of the transfer (distribution) of personal data included in the personal data base "Counterparties", if such transfer (Distribution) is carried out exclusively for the purpose provided for in this Agreement.
8.11. The seller has the right to make changes to this Agreement. The parties are governed by the terms of the Agreement in the version valid at the time of placing the Order.
Guided by Art. 633, 641, 642 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine) and the Rules for the sale of goods to order outside retail and office premises, approved by Order No. 103 of the Ministry of Economy of Ukraine dated 04/19/2007, by placing the following Public Contract of Sale of Goods , as well as the information contained on the website of the online store "M5magic Magic Store": https://m5magic.com (hereinafter - the Site) The Seller makes an offer (offer) to individuals (hereinafter - the Buyer) for the purchase of goods posted on the Site , on the terms of the specified Public Agreement for the purchase and sale of goods.
1. Terms used in the contract
1.1. Online store "Magazine of tricks M5magic" - web page https://m5magic.com
1.2. The seller is a natural person-entrepreneur Golev Mykyta Oleksiyovych (identification code 3534205197), who places on the Site information about the goods sold by him (hereinafter the Goods).
1.3. Public contract - this contract of sale, which establishes for all Buyers, natural persons, except for those who have been granted benefits in accordance with the legislation of Ukraine, the same conditions for the purchase of Goods under the terms of a public offer from the moment of its acceptance by Buyers.
1.4. An offer is an offer of the Seller, addressed to any natural person in accordance with Art. 641 of the Civil Code of Ukraine, enter into a contract with him on the terms stipulated by the Public Contract. The offer becomes effective from the moment of its posting on the Site.
1.5. Acceptance - the provision by the Buyer of full and unconditional consent to the Seller's offer to enter into this Public Contract on the terms stipulated by the Public Contract, which is drawn up in one of the following ways:
1.5.1. by sending the written Order of the Goods by the Buyer to the e-mail posted on the Site;
1.5.2. by the Buyer sending a text message with a written Order for the Goods to the telephone numbers indicated on the Site;
1.5.3. by the Buyer sending the Order for the Goods using the system posted on the Site;
1.5.4. by verbally ordering the Goods over the phone of the Seller's online store.
From the moment the Seller receives the Order for the Goods from the Buyer, this Agreement is considered concluded.
1.6. Order - individual items from the assortment list of Goods, specified by the Buyer when placing the Order on the Site or ordered in any other way.
1.7. Courier delivery - direct delivery of the Goods from the delivery service employee to the Buyer at the place indicated by the Buyer as the delivery address.
1.8. A significant defect is a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, was caused by the fault of the Seller, after its elimination appears again for reasons independent of the Buyer, and at the same time has one of the following characteristics:
1.8.1. the defect cannot be eliminated at all;
1.8.2. elimination of the deficiency requires more than 14 (fourteen) calendar days;
1.8.3. the defect makes the Product significantly different from what is provided for in the Public Contract.
2. Subject of the contract
2.1. The Seller undertakes to transfer to the Buyer the Goods, which belong to the Seller by right of ownership, and the Buyer undertakes to accept the Goods and pay for them in the manner and under the conditions stipulated by the Public Contract.
2.2. The Buyer is obliged to familiarize himself with the terms of this Agreement, and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement except by publishing it on the Site.
2.3. The acceptance by the Buyer confirms that the Buyer has familiarized himself with the content of this Agreement, the registration data of the Seller, the procedure for accepting claims, the characteristics of the Goods, the price of the Goods, the terms of payment for the price of the Goods, the terms of delivery of the Goods and the payment of the cost of such delivery, warranty obligations for the goods , by the order of termination of this Agreement.
2.4. By concluding this Agreement, the Buyer confirms that he is familiar with the information about the Goods sold under the terms of this Agreement, namely, regarding its shape, dimensions, appearance, design, color, size, quality, features of use, with the characteristics of the material from which The product is manufactured, as well as with information about its manufacturer, is aware of such characteristics of the Product and their meaning, and agrees to purchase such a Product with such characteristics.
2.5. In case of written request of the Buyer, this Agreement can be printed and signed by the Parties.
3. The price of the product
3.1. The price of the Product is indicated on the Site in the national currency of Ukraine (hryvnia) per unit of the Product according to the price list established by the Seller.
3.2. The Seller reserves the right to change the price of the Goods before the Order is placed without warning the Buyer.
3.3. The final price is the price indicated in the appropriate section on the Site for cashless payment by bank card, or the price indicated in the appropriate section on the Site at the time the Buyer receives the account number when paying using payment systems and terminals, or the price indicated in the issued invoice.
4. Procedure for payment and delivery of goods
4.1. Settlements between the Parties under this Agreement are carried out in the national currency of Ukraine by the Buyer transferring the appropriate amount of money to the Seller's current bank account, according to the details specified on the Site, or in the account for payment of the corresponding Product provided to the Buyer by the Seller, as well as using payment systems.
4.2. The date of payment by the Buyer of the value of the Goods shall be the date of receipt of the corresponding amount of funds to the current bank account of the Seller.
4.3. The buyer undertakes to pay 100 (one hundred) % of the cost of the Goods by the time of receipt or by the time the ordered Goods are sent to him in accordance with clause 4.9. of the Agreement if the ordered Goods are available in the Seller's warehouse.
4.4. Before delivering the Goods to the Buyer, the employees of the online store have the right to demand from the Buyer a document confirming the fact of payment for the Goods.
4.5. In case of incomplete or untimely payment by the Buyer for the ordered Goods, the Seller reserves the right to refuse the sale of such Goods, suspension or complete non-fulfillment of the obligations assumed and at the same time is not responsible for the possible consequences of such a decision / action. At the same time, the Seller informs the Buyer about the occurrence of such events and offers possible measures to eliminate them, in order to properly place the order and accept it for execution by the Seller.
4.7. The Goods are transferred to the Buyer only upon receipt of full payment by the Seller, which means payment of 100 (one hundred)% of the cost of the ordered Goods according to the current prices at the time of placing the Order.
4.8. Delivery of the ordered Goods is carried out in accordance with the conditions specified on the Site.
4.9. The delivery of the Goods is carried out by sending the Goods using JSC "Ukrposhta" or LLC "Nova poshta", as well as in another way at the request of the Buyer.
4.10. In the case of delivery of the Goods by the Seller, the responsibility for the preservation of the Goods until the moment of its transfer to the Buyer shall be borne by the Seller.
4.11. In the case of delivery of the Goods by courier or forwarding service, responsibility for the preservation of the Goods until the moment of its transfer to the Buyer shall be borne by the courier or forwarding service.
4.12. The Seller undertakes to send the Goods to the Buyer within 5 (five) working days from the moment of receipt of the Order and full payment of the Goods and if the Goods are available in the Seller's warehouse.
4.13. The Seller undertakes to deliver the Goods to the Buyer within 25 (twenty-five) working days from the moment of receipt of advance payment for the Goods in the manner stipulated by the Public Contract, in the event that the Goods are not in the Seller's warehouse, if such Goods are available "on order".
4.14. In the event of a delay in the delivery of the Goods not due to the fault of the Seller, the delivery period may be extended by 10 (ten) calendar days, provided that the seller notifies the Buyer in advance of the delay by submitting a corresponding message to the Buyer's e-mail or by phone specified by the Buyer. Such extension of terms is not a violation of the obligation under the Agreement.
4.15. In the case of delivery of the Goods to the Buyer by a courier or forwarding service, ownership of the Goods passes to the Buyer from the moment of payment of 100 (one hundred) % of the price of the Goods and delivery of the Goods to the courier or forwarding service for delivery to the Buyer. In this case, the consignment note for the Goods is considered signed by the Buyer if the Buyer receives confirmation from the courier or forwarding service that the Buyer has received the Goods, which can be provided by such a service in the form of access through the Internet site to information about the shipment status.
4.16. In the absence of the Buyer at the time of delivery of the Goods, at the time and place specified in the Order, a re-delivery fee will be charged in accordance with the tariffs.
4.17. The Buyer may be refused the registration of the purchase of the Goods if the Goods are not available (in stock).
5. Warranty and claims handling procedure
5.1. All the Seller's Goods are subject to warranty obligations, in accordance with the legislation of Ukraine, regulatory documents for the Goods. Depending on the type of Product, the Seller guarantees the functionality and preservation of the quality indicators of the Product and its characteristics during the warranty period, expiration date, and the period during which the manufacturer guarantees the safe use of the Product.
5.2. In the event that the Buyer discovers defects in the Product during the warranty period / expiration date / the period during which the manufacturer guarantees the safe use of the Product, the Buyer has the right to:
5.3.1. for a proportional reduction in the price of the Goods;
5.3.2. for free elimination of defects in the Goods within a reasonable time;
5.3.3. for reimbursement of expenses for the elimination of defects in the Goods.
5.3. In the event that the Buyer discovers during the warranty period / expiration date / the period during which the manufacturer guarantees the safe use of the Product defects of the Product, significant defects of the Product, the Buyer has the right:
5.4.1. demand replacement of the Product with the same or similar one from among those available at the Seller.
5.4. In case of discovery of significant / hidden defects of the Goods after receiving the Goods, the Buyer is obliged to inform the Seller about such defects no later than the next working day from the day of their discovery.
5.5. The delivery of the Goods for elimination of defects to the nearest retail outlet of the Seller during the warranty period or after the expiration of the warranty period is carried out in accordance with the Law of Ukraine "On the Protection of Consumer Rights".
5.6. Consideration of the Buyer's claims takes place in strict accordance with Art. Art. 7, 8 of the Law of Ukraine "On Protection of Consumer Rights".
5.7. The color and shape of the Product may differ from the original depending on the specifics of the monitor image transmission.
5.8. The parties have agreed that most of the Goods, by their specificity, contain a "magical secret" of the use of the purchased Goods, which is sent together with the Goods. The secret of the use of the Product is an object of intellectual property law, in accordance with Book Four of the Civil Code of Ukraine and the Law of Ukraine "On Protection of Rights to Inventions and Utility Models" and is subject to proper protection. In order to prevent infringement of intellectual property rights, such Goods are not subject to return. In the event of failure of the purchased Product, the terms of warranty obligations specified in this Section of the Agreement shall apply.
6. Liability of the parties
6.1. For failure to fulfill or improper fulfillment of obligations under the Public Contract, the Seller and the Buyer bear the responsibility provided for by the current legislation of Ukraine.
6.2. In case of violation of the terms of making payments stipulated by the Public Contract, the Buyer undertakes to pay the Seller a penalty in the amount of double the accounting rate of the National Bank of Ukraine for each day of delay in payment.
6.3. The amount of damages (both material and non-property) that may be paid to the Buyer in connection with non-fulfillment of the Order due to the Seller's fault or its improper execution, other violations of the Buyer's rights in accordance with Art. 22 of the Civil Code of Ukraine is limited to 5% of the value of the purchased Goods.
6.4. In case of premature termination of the Public Contract at the initiative of the Seller, provided that the Buyer complies with all the terms of this Contract, before the delivery of the goods to the Buyer, the Seller undertakes to return to the Buyer 100 (one hundred)% of the advance payment for the Goods.
6.5. Payment of a penalty or fine does not release the Buyer or the Seller from fulfilling the obligations under the Public Contract.
7. Term of validity of the contract
7.1. The contract enters into legal force from the moment of its acceptance by the Buyer and is valid until the moment of full fulfillment of obligations by the Seller and the Buyer.
7.2. A public contract may be prematurely terminated:
7.2.1. by mutual consent of the Seller and the Buyer;
7.2.2. by court decision;
7.2.3. in case of force majeure (force majeure), which is confirmed by the relevant document of the competent authority;
7.2.4. in the event that the Product is not available (in stock) and the Buyer refuses to replace the Product with another similar Product.
7.3. The parties have agreed that in case of termination of this Agreement at the initiative of the Buyer or refusal of the Buyer to deliver and hand over the Goods by the Seller after payment of the price of the goods and ordering of such goods by the Seller from the manufacturer, the Seller has the right not to return to the Buyer the funds paid by him or has the right to return such funds in part in the amount of no more than 0.1% of the total cost of the Goods ordered by the Buyer. The Seller has the right to return funds to the Buyer in any other amount, if there is a mutual agreement of the parties under this Agreement.
8. Other conditions
8.1. All disputes that have arisen in connection with non-fulfillment or improper fulfillment of the terms of the Public Contract shall be resolved through negotiations.
8.2. Disputes that could not be resolved through negotiations are subject to judicial review in accordance with the current legislation of Ukraine.
8.3. The invalidity of individual provisions of the Public Contract does not imply the invalidity of the Public Contract as a whole, since it can be assumed that this Public Contract could have been concluded without including such provisions in it.
8.4. The Buyer confirms that from the moment the Order was placed, he (the Buyer) was notified of the inclusion of his own personal data voluntarily provided to the Seller in the "Counterparties" personal data base.
8.5. The Buyer allows the Seller to carry out all actions that, in accordance with the Law of Ukraine "On the Protection of Personal Data", constitute the processing of the Buyer's personal data, in accordance with the stated purpose of their processing, which is to ensure the implementation of economic, civil law, tax relations and relations in the field provided for by the founding documents , accounting, relations in the field of human resources management, and the implementation of operational activities with such data, which allows to fix a person for a certain object in the field of his activity in accordance with the Civil Code of Ukraine, the Economic Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine "On accounting and financial reporting in Ukraine".
8.6. In order to achieve the purpose of processing the personal data base "Counterparties", the Buyer grants permission to process his personal data in the amount provided to them when concluding the Agreement with the Seller and necessary for the realization of the above-mentioned purpose.
8.7. The Buyer confirms that from the moment of placing the Order, he (the Buyer) is familiar with the rights provided for by the Law of Ukraine "On the Protection of Personal Data".
8.8. The buyer gives his consent to the processing, storage and transfer (distribution) of his personal data to third parties, which are included in the personal data base of the Seller "Counterparties", exclusively for the purpose provided for in this Agreement, to entities related to the implementation of this purpose.
8.9. The buyer gives his consent to the storage of his personal data for 75 (seventy five) years.
8.10. The buyer gives consent to access to personal data included in the personal data base of the Seller "Counterparties" to third parties in the cases and in the order provided by the current legislation of Ukraine, and does not require notification of the transfer (distribution) of personal data included in the personal data base "Counterparties", if such transfer (Distribution) is carried out exclusively for the purpose provided for in this Agreement.
8.11. The seller has the right to make changes to this Agreement. The parties are governed by the terms of the Agreement in the version valid at the time of placing the Order.