Public agreement

Public agreement (public offer) for ordering, purchasing and delivering goods.

By making a purchase in the Ukr-Auto online store, the Buyer fully and unconditionally agrees to all of the terms and conditions listed below.

1. Definition of terms

1.1. "Offer" - a public offer by the Seller, addressed to an indefinite number of persons, to conclude a Contract for the sale and purchase of goods remotely under the terms and conditions contained in this Offer. The agreement concluded under this public offer (accepted offer) does not require bilateral signature and is valid in electronic form.

1.2. "Seller" - a business entity selling the Goods presented on the Website of the Online Store.

1.3. "Buyer" - an individual or legal entity that has accepted the terms of the Offer in full and without exception (accepted the offer) in accordance with clause 2.6 of this Agreement.

1.4. "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means of providing or selling goods, work or services by implementing an electronic agreement, namely a website located on the domain name www.ukr-auto.com.ua (Ukr-Auto). The provided electronic means is intended to organize the sale of the Goods remotely, namely via the Internet, the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.

1.5. "Acceptance" - full and unconditional acceptance by the Buyer of the terms of the Agreement.

1.6. "Goods" - the object of the agreement of the parties, selected by the Buyer on the Website of the Online Store by placing an Order.

1.7. "Order" - the Buyer's decision to purchase the Goods, placed online through the website or transferred to the Seller via telephone, instant messengers or e-mail (e-mail), specified on the Website of the Online Store in the relevant section Contacts

1.8. "Parties" – jointly the Seller and the Buyer.

2. General conditions

2.1. This Agreement (Offer) is an official and public offer of the Seller to conclude a Contract for the Sale and Purchase of Goods remotely (here and in other documents accepted (issued) in the process of executing such a contract (invoices, consignment notes, acts, etc.), may also be referred to as the Main Agreement), namely through the Online Store located at the domain name www.ukr-auto.com.ua

This Agreement regulates the retail sale and purchase of goods in the Online Store, including:

- voluntary choice of the Goods by the Buyer on the Website of the Online Store;

- independent placement of the Order by the Buyer on the Website of the Online Store;

- selection of the method of delivery and payment for the cost of the Goods;

- payment for the cost of the Goods and their delivery;

- processing the Order, sending and transferring the Goods to ownership Buyer.

2.2. This agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individuals and legal entities).

2.3. The Offer comes into force from the moment it is posted on the Internet at www.ukr-auto.com.ua and is valid until the Offer is revoked by the Seller.

2.4. The Seller has the right to change the terms of the Offer or revoke it at any time at its sole discretion. If the Seller changes the terms of the Offer, the changes come into force from the moment the changed terms of the Offer are posted on the Internet at www.ukr-auto.com.ua

2.5. The Offer may be accepted by any individual or legal entity in Ukraine that intends to purchase the Product posted on the Website of the Online Store.

2.6. The moment of full and unconditional acceptance of the Seller's offer to conclude the Agreement (acceptance of the offer) in accordance with paragraph 2 of Article 642 of the Civil Procedure Code of Ukraine and the moment of conclusion of the agreement shall be considered the payment (prepayment) by the Buyer for the Goods. The date of payment shall be the date of crediting the funds to the Seller's bank account.

2.7. The Buyer unconditionally accepts all the terms and conditions contained in the Offer as a whole (i.e. in full and without exception).

2.8. The legislation on electronic commerce shall apply to the legal relations arising in connection with this Agreement.

2.9. The purchase and sale of Goods according to individual sizes or other individually determined by the Buyer characteristics (Goods according to individually determined characteristics) shall be carried out by the Seller taking into account the provisions set forth in Section 9 of this Offer.

2.10. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.

3. Buyer Status

3.1. An individual or legal entity shall be deemed to have accepted all terms of the Offer (offer acceptance) in full and without exception from the moment the funds are credited to the Seller's bank account in the manner prescribed by paragraphs 8.3. and 9.4. of this Offer. In the event of acceptance of the offer in one of the above ways, an individual or legal entity shall be deemed to have concluded a contract of sale and purchase of the Goods with the Seller and shall acquire the status of the Buyer.

3.2. The Buyer shall be responsible for the accuracy of the information provided by him/her when placing an order.

4. Subject of the Offer

4.1. The Seller, based on the Buyer's order and on the terms of prepayment, sells the Goods in accordance with the terms and prices established by the Seller in the Offer.

4.2. The Goods ordered and paid for by the Buyer shall be delivered by the Seller within the time period specified in the Offer, and the Buyer shall accept and pay the full cost of the Goods and the cost of their delivery. Delivery shall be carried out by the seller.

5. Procedure for concluding the Agreement

5.1. The Buyer shall place orders online through the website or by telephone, instant messengers or e-mail specified on the Seller's Website, under the terms of the Offer.

5.2. When placing an order on the Website of the Online Store, the Buyer shall provide the following mandatory information required by the Seller to fulfill the order:

5.2.1. last name, first name, patronymic of the Buyer of the Goods;

5.2.2. contact phone number of the Buyer of the Goods;

5.2.3. e-mail of the Buyer of the Goods;

5.2.4. necessary data for the delivery of the Product;

5.2.5. name, quantity, price of the Product.

5.3. The terms of delivery of the Product are determined individually depending on the Product. (more details: about the delivery terms)

5.4. The Buyer expresses his/her will by submitting an application by phone, instant messengers or by e-mail specified on the Website.

5.5. The Online Store Website does not edit information about the Buyer.

5.6. By concluding the Agreement, that is, accepting the terms of this offer (the proposed terms of purchase of the Product) by placing an Order, the Buyer confirms the following:

5.6.1. the buyer is fully familiar with and agrees to the terms of this offer;

5.6.2. he gives permission to collect, process and transfer personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its validity. In addition, by concluding the agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of collecting data, and also that his personal data are transferred to the Seller for the purpose of being able to fulfill the terms of this Agreement, the possibility of making mutual settlements, as well as receiving 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 notice to the Buyer in order to fulfill the Buyer's order. The scope 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.

5.7. By mutual consent of the Parties, the conclusion of the Agreement of Sale and Purchase of the goods may be made in a simplified manner by issuing an invoice for payment. Payment according to such an invoice for payment means the Buyer's agreement with the terms of delivery of the goods according to the nomenclature, price and quantity specified in such an invoice for payment.

6. Product Information

6.1. Each photo sample of the Product is accompanied by text information on the Product card: name, price, manufacturer, product code, availability and its description.

6.2. All information materials presented on the Seller's Website are for reference only and cannot fully convey information about the appearance and characteristics of the Product. If the Buyer has any questions regarding the properties and characteristics of the Product, the Buyer must contact the Seller to clarify the details before placing the order.

6.3. At the request of the Buyer, the Seller is obliged to provide (by phone, messenger or e-mail) other information for the Buyer to make a decision on purchasing the Product.

7. Procedure for purchasing the Product

7.1. The Buyer has the right to place an order for any product presented on the seller's website. The product can be ordered in any quantity. Exceptions to this rule are specified in the description of each Product in the event of promotions, Product withdrawal from sale, etc.

7.2. The Buyer can place an order online through the website or by submitting an application by phone, messengers or by e-mail specified on the Website.

7.3. After placing the order, the Seller confirms the Buyer's order by sending information to the Buyer's e-mail or messenger (Viber or Telegram) to the Buyer's number confirming the acceptance of the order and an invoice indicating the name, price of the selected Product and the total amount of the order, which is not an integral part of this Agreement.

8. Product Price

8.1. Product prices are determined by the seller independently and are indicated on the website of the online store.

8.2. Product prices may be changed by the seller unilaterally depending on market conditions and other factors. In this case, the price of a separate unit of the Product, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

8.3. The Buyer makes an advance payment in the amount of 50% of the cost of the Product based on the invoice by transferring funds to the Seller's bank account. The final payment for the delivered Products in the amount of 50% of the cost of the Product is paid by the Buyer upon receipt of the Product (link to information: on payment terms)

8.4. Notification of the dispatch of the Product is made by the Seller by e-mail to the Buyer or by phone or in a messenger (Viber or Telegram) to the Buyer's number.

8.5. The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment the Seller receives funds to its account.

9. Rights and obligations of the Parties.

9.1. Rights and obligations of the Seller:

9.1.1. The Seller is obliged to transfer to the Buyer the Goods of due quality and in the quantity and assortment agreed upon by the Parties;

9.1.2. When transferring the Goods, the Seller has the right to demand that the Buyer present documents certifying the Buyer's authority to accept the Goods.

9.2. Rights and obligations of the Buyer:

9.2.1. The Buyer has the right to receive the Goods in the quantity, assortment and quality agreed upon by the Parties;

9.2.2. The Buyer is obliged to accept the Goods by quantity, quality and assortment, sign the relevant documents for the Goods (Consignment note, etc.);

9.2.3. The Buyer is obliged to pay for the Goods in the manner established by this Agreement.

9.2.4. The Buyer is obliged to make a prepayment thoughtfully. If the Buyer does not appear at the delivery service office for personal reasons (changed his mind, etc.), the seller has the right not to return the prepayment. More details: on the terms of payment;

10. Delivery of the Goods

10.1. Delivery of the Goods to the nearest Nova Poshta freight office within Ukraine is carried out at the Buyer's expense.

10.2. Address delivery of the Goods is carried out at the Buyer's expense.

10.3. Upon receipt of the goods, the Buyer must check the conformity of the goods (name of the goods, quantity, completeness) in the presence of a representative of the delivery service (carrier).

10.4. If the goods do not match the description or have obvious signs of damage, take a photo or video recording in the presence of a representative of the delivery service (carrier).

10.5. Upon acceptance of the Goods, the Buyer confirms with his signature on the sales receipt or in the consignment note for the delivery of the goods that he has no claims regarding the condition and quantity of the Goods, its appearance and completeness.

10.5. For more detailed information, please follow the link: Delivery Terms and Conditions

11. Product Warranty

11.1. The products are presented on the Seller's Website and have a warranty period.

11.2. New products are covered by the manufacturer's warranty, used products are covered by the supplier's warranty for installation and testing.

11.3. The warranty period may vary depending on the supplier.

11.4. Warranty obligations are fulfilled only if all technical standards are met. More information about: Warranty and Return of Products

11.5. The Buyer is informed that installation of the Product in violation of technical standards is the cause of defects in the Product. In this regard, warranty obligations are terminated, and any defects in the Product are considered to have arisen due to the fault of the Buyer.

11.6. Warranty obligations do not apply in the event of self-repair and/or traces of attempted repair, opening of the case, mechanical damage, damage caused by foreign objects getting inside, water ingress, damage to the packaging, etc.

11.7. The Seller shall not be liable for any direct or indirect damages to any person arising in connection with the need to perform warranty repairs and/or replace the Products. Corresponding claims are excluded.

13. Liability and dispute resolution

13.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper installation, use, storage or delivery of the Goods purchased from the Seller.

13.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.

13.3. The Seller and the Buyer shall be liable for failure to fulfill their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

13.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military action, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that can fulfill its obligations shall immediately notify the other Party thereof.

13.5. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.

14. Confidentiality and information protection.

14.1. The Buyer's personal data is processed in accordance with the Law of Ukraine "On the Protection of Personal Data".

14.2. When placing an Order on the Seller's Website, the Buyer provides the following information: last name, first name, patronymic, contact phone number, email address, delivery details.

14.3. Placing an Order on the Seller's Website is an expression of the Buyer's consent to the processing of their personal data, including last name, first name, patronymic, address, telephone (fax), email address, as well as other specified information. By placing an order, the Buyer agrees that the Seller has the right to entrust the processing of personal data to any third party at its discretion, subject to the requirements of the Law of Ukraine "On the Protection of Personal Data", including the implementation by such person of confidentiality and protection of personal data. The consent to the processing of personal data and other specified actions is provided by the Buyer without limitation of the validity period.

14.4. Valid consent may be revoked only upon written notice from the Buyer to the Seller at least 30 (thirty) days before the expected date of termination of the use of the Seller's data.

14.5. The Seller uses the Buyer's personal data in the following forms: collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, as well as any other actions with personal data performed using automation tools or without using such tools in accordance with the Law of Ukraine "On the Protection of Personal Data".

14.6. The Seller has the right, with the consent of the Buyer, to send informational messages, including advertising messages, to his e-mail and mobile phone. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal at any time. The fact of placing an order on the Seller's Website is a sufficient form of consent to receive the above messages. Service messages informing the Buyer about orders and stages of their processing cannot be rejected by the Buyer.

14.7. The Seller has the right to use "cookie" technology. Cookies do not contain confidential information and are not transferred to third parties.

14.8. The Seller receives information about the IP address of the Buyer of the Website. This information is not used to identify the Buyer.

14.9. Is not considered a violation of the obligations to disclose information in accordance with the reasonable requirements of the law. The Seller is not responsible for the information provided by the Buyer on the Website in a publicly available form.

14.10. The Seller has the right to record telephone conversations with the Buyer. In this case, the Seller undertakes to prevent attempts of unauthorized access to information received during telephone conversations and/or its transfer to third parties.

11/14/2014 The fact of placing an Order for the Goods, taking into account preliminary familiarization with this text, is a sufficient form of consent to the processing of his personal data, while the Seller will not require a written form or other evidence to further confirm the free expression of will by the Buyer. By placing an order, the Buyer confirms that his consent is specific and conscious.

15. Other terms

15.1. This Agreement shall enter into force on the date of acceptance of this Offer by the Buyer and shall remain in effect until the Parties fulfill their obligations.

15.2. The Seller reserves the right to expand and reduce product offerings on the Site, regulate access to the purchase of any Product, and suspend or terminate the sale of any Product at its sole discretion.

15.3. If any term of this Agreement is invalid, the Agreement shall continue to operate in the same manner as if it did not contain this term.

15.4. The return of new Products shall be carried out in accordance with the current legislation of Ukraine. For previously used goods, the rules for returning the Goods are determined individually, specified before placing an order, more information at the link Warranty

15.5. The Parties agree that proper notification of the Buyer is considered to be an electronic message (e-mail) sent to the e-mail address or by phone or in a messenger (Viber or Telegram) to the number of the Buyer specified by the Buyer when ordering the Goods. In case of placing an order online, on this website, to arrange a return of the Goods, fill out the form at the link Warranty. In cases expressly stipulated in the Agreement, notification made by changing the content of the relevant sections on the Seller's website (prices of the Goods, services, the procedure for their provision, etc.) is also proper.

The Seller's details are specified after the Order is placed in the Agreement for the Sale and Purchase of Goods (Main Agreement) and/or the invoice (invoice) (clause 5.7 of the Agreement).