User agreement

Public offer agreement

Under this Agreement, one party the Seller on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is official public offer of the Seller to conclude with the Buyers a contract for the sale of Goods, the photos of which are posted in the relevant section of the Website http://martshop.com.ua/.
The Sellers who intend to sell the Goods using the Website http://martshop.com.ua/ and the Buyers, when purchasing the Goods, the images of which are posted on the relevant pages http://martshop.com.ua/, accept the terms of this Agreement as follows .

GENERAL PROVISIONS

1.1. The contractual relationship between the Seller and the Buyer is drawn up in the form of a Public Offer Agreement. Clicking on the Website page http://martshop.com.ua/ in the relevant section of the "PLACE ORDER" button means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, took to fulfill the terms of the Public Offer Agreement, which are listed below.

1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unfair Order and for failure to comply with the terms of this Agreement.

1.3. This Agreement comes into force from the moment you click on the "PLACE ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and fully settles with him.

1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes other rules than those established by Ukrainian legislation, then the rules of the international treaty shall apply.

TERMS AND DEFINITIONS

"Public offer agreement" - a public agreement, a sample of which is posted on the Website http://martshop.com.ua/ and the use of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website http ://martshop.com.ua/, sent to an indefinite circle of persons, including Buyers.
"Acceptance" - - acceptance by the Buyer of the seller's offer to purchase the Goods, the image of which is posted on the Website http://martshop.com.ua/, by adding it to the virtual basket and sending the Order.
"Goods" - a trade item (product, model, accessory, components and related items, any other items of trade), the purchase of which is posted on the Website http://martshop.com.ua/ by the seller's offer.
"Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who visited the Website http://martshop.com.ua/ and has the intention to purchase a particular Product.
"Seller" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who are the owners or distributors of the Goods and with the help of the Website http://martshop.com.ua/ have the intention to sell it.
"Order" - duly executed and placed on the Website http://martshop.com.ua/ the Buyer's application for the purchase of Goods addressed to the seller.
"Legislation" - the norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.
"Significant defect of the Goods" - a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it appears again for reasons independent of the consumer.

SUBJECT OF THE CONTRACT

3.1. The Seller undertakes, on the terms and in the manner specified by this Agreement, to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website http://martshop.com.ua/, and the Buyer undertakes, on the terms and in the manner specified in this Agreement, to buy product and pay for it.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or deceit.
3.4. The Seller confirms that he has all the necessary permits for the implementation of economic activities that regulate the scope of legal relations arising and operating in the process of execution of this Agreement, and also guarantees that he has the right to manufacture and / or sell goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the rights of the Buyer in the process of execution of this Agreement and the sale of the Goods.

RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The seller is obliged:
comply with the terms of this Agreement
fulfill the orders of the Buyer in case of receipt of payment from the Buyer;
transfer the Goods to the Buyer according to the selected sample on the relevant page of the Website http://martshop.com.ua/, the placed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
4.2. The seller has the right:

- unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.

- unilaterally refuse to provide the Buyer with services without notifying him of this (because the Buyer did not come to the post office for the goods, committed theft, etc.). Cooperation with him is possible only with Prepayment to the Settlement Account.

4.3. Salesman:
SPD MISAILOVA SVITLANA IVANIVNA
Removal code
3520005781 TIN
Rahunok otrimuvacha
26006050261766
naming the jar
JSC CB "PRIVATBANK"
MFO Bank: 305299
or a Business Entity from among the persons offering for purchase on the Website http://martshop.com.ua/ the Goods according to the unified agreed rules set forth in this public offer agreement.*

RIGHTS AND OBLIGATIONS OF THE BUYER

5.1. The Buyer is obliged: to pay and receive the order in a timely manner on the terms of this Agreement; get acquainted with the information about the Goods posted on the Website http://martshop.com.ua/;

upon receipt of the Goods from the person who delivered it, verify the integrity and completeness of the Goods by examining the contents of the package. In case of damage or incomplete packaging of the Goods, fix them in the act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.

5.2. The buyer has the right:
place an order on the relevant page of the Website http://martshop.com.ua/;
require the seller to fulfill the terms of this Agreement;

ORDER PROCEDURE

6.1. The Buyer independently places an order on the corresponding page of the Website http://martshop.com.ua/ by adding the Goods to the virtual basket by pressing the "Add to basket" button.
6.2. The term for the formation of the Order is up to 2 working days from the moment of its registration. If the order is sent on a weekend or holiday, the formation period starts from the first working day after the holiday.

PRICE OF THE CONTRACT AND PROCEDURE OF PAYMENT

7.1. The price of each individual Goods is determined by the Seller and indicated on the relevant page of the Website http://martshop.com.ua/. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The buyer can pay for the order in the following ways:
1) by bank transfer of money to the current account of the Seller specified in the invoice, incl. using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place where the goods were ordered.
3) in any other way as agreed with the Seller.

TERMS OF GOODS DELIVERY

8.1 The Buyer receives the Goods by delivery, or receives them personally. The order of payment and receipt is indicated on the corresponding page of the Website http://martshop.com.ua/.
8.2. When delivering Goods to other cities of Ukraine. The buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own signature in the consignment note, declaration of the Carrier Company, or in the delivery note upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address indicated by the Buyer in the application or the Buyer's refusal to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipment shopping center. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The rest of the amount is returned to the Buyer on the basis of his letter sent to e-mail: ua . martshop@gmail.com _ com indicating the current account to which the funds should be returned.
All questions that arose in the process of payment and receipt of the Goods, the Buyer can find out by contact information in the Contacts section.

RETURN TERMS

9.1. 14 calendar days have not passed since the purchase of the Goods, but the Goods were in use, the integrity of the packaging and / or completeness was violated, there were no tags / price tags, etc.
- The goods are included in the list of goods that are not subject to return and exchange, in accordance with the Decree of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994 (as amended) http://zakon4.rada.gov.ua/laws/show/172-94 -%D0%BF , namely:

Food products, medicines and products,
sanitary items.

Non-food products:
photographic films, photographic plates, photographic paper
corset goods
perfumery and cosmetic products
feather-down products
baby toys soft
kids toys rubber inflatable
toothbrushes
mouthpieces
shaving machines
shaving brushes
combs, combs and massage brushes
mutes (for wind musical instruments)
violin chin
gloves
fabrics
tulle-guard and lace fabrics
carpet products
underwear
bed sheets
hosiery
aerosol products
printed editions
linear and sheet metal-roll, pipe products,
lumber, molded (plinth, platband), slab
materials (wood fiber and particle boards,
plywood) and glass, cut or cut to size,
determined by the buyer (customer)
audio, video cassettes, disks for laser reading and writing systems
natural and artificial hair products (wigs)
goods for newborns (diapers, nipples, feeding bottles, etc.)
tools for manicure, pedicure (scissors, nippers, nail files, cutters)
jewelry made of precious metals, gemstones, organogenic gemstones and semi-precious stones

9.2. If the Buyer intends to return the Goods, such a return is carried out in accordance with the "Return" section of the Site, taking into account the terms and conditions of the carrier or courier operating on the territory of Ukraine or on the territory of another country in accordance with the place of receipt of the Goods.
9.3. If at least one of the listed shortcomings is present, the Buyer is obliged to fix it in the drawn up act of any form. The act must be signed by the Buyer and the person who delivered the Goods or by the Seller. If possible, imperfections should be recorded by means of photography or video filming. Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing an order for the Goods) about the identified deficiencies and agree on the replacement of the Goods, while filling out a claim form for the return of the Goods on the website http://martshop.com.ua/ .

9.4. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Buyer shall be deemed to have received the Goods in proper condition - without any mechanical damage and in full.

RESPONSIBILITIES OF THE PARTIES AND RESOLUTION OF DISPUTES

10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian legislation.
10.2. In the event of disputes related to the implementation by the Parties of this Agreement, with the exception of disputes regarding the collection of debts from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with the collection of debts from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its execution, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

FORCE MAJOR EVENT

11.1. The Parties shall not be liable for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are really beyond the control of such a party that occurred after the conclusion of this Agreement, are unpredictable and inevitable.
Force majeure events include, but are not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the execution of this Agreement.
11.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances, and within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other Party in writing.
Despite the onset of force majeure, before termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.

OTHER TERMS AND CONDITIONS

12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending promotional messages, etc.).
12.2. By own acceptance of the Agreement or registration on the Website http://martshop.com.ua/ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data with the following purpose: the data that becomes known will be used for commercial purposes , including for processing orders for the purchase of goods, obtaining information about the order, sending advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website http:// martshop.com.ua/.
For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send sms messages, make calls to the telephone number specified in the questionnaire.
12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, update, change (if necessary). The seller undertakes to ensure the protection of data from unauthorized access by third parties (except for the transfer of data to related parties, Google (which helps us in conducting advertising research and analysis of results.) and in accordance with current legislation.)), commercial partners, persons , authorized by the Seller to carry out direct data processing for the specified purposes, as well as at the mandatory request of a competent state body).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive promotional materials, sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.