PUBLIC AGREEMENT (OFFER)
(main contract)
to order, purchase, sale and delivery of goods
This agreement is an official and public offer of the Seller to enter into a contract for the sale of the Goods presented on the website https://turnstile.com.ua. This agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without preference for one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for goods, delivering goods, returning goods, liability for dishonest orders and all other terms of the agreement. The contract is considered concluded from the moment the “Place Order” button is clicked on the ordering page in the “Basket” Section and the Buyer receives an order confirmation in electronic form from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the “Offer”) - a public offer of the Seller, addressed to an indefinite number of persons, to conclude a contract for the sale and purchase of goods remotely with the Seller (hereinafter referred to as the “Agreement”) on the terms contained in this Offer.1.2. Goods or Service - an object of agreement between the parties, selected by the buyer on the online store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online store - the Seller’s website at https://turnstile.com.ua was created for concluding retail and wholesale purchase and sale agreements based on the Buyer familiarizing himself with the description of the Goods proposed by the Seller using the Internet.
1.4. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to business activities or a legal entity or individual entrepreneur.
1.5. Seller – Entepreneur “Vozny E. A. (identification code 3018322975)
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 Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date the Buyer fills out the order form posted on the website of the online store, subject to the Buyer receiving an order confirmation from the Seller in electronic form or receiving payment to the Seller’s bank account according to the invoice issued for payment. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.
3. Placing an Order
3.1. The buyer independently places an order in the online store through the “Cart” form, or by placing an order by email or by phone number, Internet messenger VIBER, SKYPE, WHATSUP, TELEGRAM specified in the contacts section of the online store.3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information specified by the Buyer when placing the order is incomplete or raises suspicions regarding its validity.
3.3. When placing an order on the online store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to complete the order:
3.3.1. last name, first name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery is to the Buyer’s address);
3.3.3. contact number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Product selected by the Buyer are indicated in the Buyer’s basket on the website of the online store.
3.5. If any of the Parties to the contract requires additional information, he has the right to invite him to the other Party. If the Buyer fails to 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 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this Offer.
3.6. Acceptance by the Buyer of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the website of the online store or when placing an Order through an operator. After placing an Order through the Operator, data about the Buyer is entered into the Seller’s database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. By concluding the Agreement, that is, accepting the terms of this offer (the conditions for purchasing the Goods are proposed), by Upon completion of the Order, the Buyer confirms the following:
a) The Buyer is fully familiar with and agrees with the terms of this offer;
b) it gives permission to collect, process and transfer personal data; permission to process personal data is valid for the entire duration 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 notified (without additional communication) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, of the purposes of data collection, as well as that his personal data is transferred to the Seller in order to be able to fulfill the conditions of this Agreement, the possibility of conducting mutual settlements, as well as for 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 notification 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 understandable to him.
4. Price and Delivery of the Product
4.1. Prices for goods and services are determined by the seller independently and are indicated on the website of the online store. All prices for Goods and services are indicated on the website in hryvnias.4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. In this case, the price of an individual unit of the Goods, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the goods to the Buyer’s address.
4.5. The Seller may 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 an email or when placing an order through the online store operator.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds into his account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out using the methods specified on the website of the online store in the “Payment and Delivery” section.
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of goods, quantity, completeness, expiration date).
4.9. When accepting the Goods, the Buyer or his representative confirms with his signature on the sales receipt / or in the order / or in the delivery note for the delivery of goods, which has no claims to the quantity of the goods, the appearance and completeness of the goods.
4.10. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment the Goods are received by the Buyer in the city where the Goods are delivered upon independent delivery of the Goods from the Seller, or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The seller is obliged:5.1.1. Transfer 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 as required by law and when fulfilling the Buyer’s Order.
5.2. The seller has the right:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services unilaterally, by posting them on the website of the online store. All changes take effect from the moment they are published.
5.3. The buyer undertakes:
5.3.1. By the time the Agreement is concluded, familiarize yourself with the contents of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store.
5.3.2. For the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller a non-food product of proper quality if the product does not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The buyer, a legally capable individual, has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Return of goods of proper quality is carried out if it has not been used and if its presentation, consumer properties, packaging, seals, labels, as well as is a payment document issued to the Buyer for payment for the Goods. The list of goods that cannot be returned on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.6.2. The return to the Buyer for the cost of goods of good quality is carried out within 30 (thirty) calendar days from the date of receipt of such Goods, subject to compliance with the requirements provided for in clause 6.1. Agreement, the current legislation of Ukraine.
6.3. The cost of the goods must be returned by bank transfer to the buyer's account.
6.4. The return of Goods of proper quality to the Seller’s address is carried out at the Buyer’s expense and the Seller does not reimburse the Buyer.
6.5. If defects in the Product are discovered during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for by the Law of Ukraine “On the Protection of Consumer Rights”. When making demands for the gratuitous elimination of defects, the period for their elimination is calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.6. Consideration of the requirements provided for by the Law of Ukraine “On the Protection of Consumer Rights” is carried out by the Seller, subject to the provision by the Buyer of documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer to the Buyer, due to the Buyer’s violation of the rules for using or storing the Goods, actions of third parties or force majeure.
6.7. The Buyer does not have the right to refuse a product of good quality with individually defined properties if the specified product can be used exclusively by the Buyer who purchased it (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the product has individually defined properties is the difference in product sizes and other characteristics indicated in the online store.
6.8. Return of goods in cases provided for by law and this Agreement is carried out to the address indicated on the website in the “Contacts” section
7. Responsibility
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Product purchased from the Seller.7.2. The Seller is not responsible for improper or untimely execution of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
7.3. The seller and buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or Buyer are released from liability for complete or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or Buyer after the conclusion of this agreement . A Party that cannot fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data
8.1. 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 his personal data, as well as performing other actions provided for by the Law of Ukraine “On the Protection of Personal Data” ", without limiting the validity period of such consent.8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation of the Seller’s provision of information to counterparties and third parties acting on the basis of an agreement 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.
8.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Other conditions
9.1. This agreement was concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.9.2. This Agreement comes into force on the date of conclusion of the Offer Agreement (acceptance of the offer) by the Buyer and is valid for the Buyer and Seller to fulfill their obligations under this Agreement.
9.3. Early termination of the Agreement is possible only in cases provided for by the current legislation of Ukraine.
9.4. All disputes arising between the Buyer and the Seller are resolved through negotiations. If a settlement of the disputed issue is not achieved 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.
9.5. The Seller has the right to make changes to this Agreement unilaterally. in the manner provided for in clause 5.2.1. Agreement. In addition, changes to the Agreement can also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
SELLER DETAILS:
INDIVIDUAL ENTREPRENEUR EVGENY ANATOLIEVICH VOZNY
INN: 3018322975
Bank details: UA 51 322669 0000026002500523561 Oschadbank, MFO 322669
Year founded: 2009