User agreement
WARNING! Please read this Agreement carefully before viewing the Site. If you do not agree with its terms, please do not use this site. Using this site, including filling out various forms and applications, as well as ordering goods/services by you using this site, means your agreement to the terms of this Agreement.
This Agreement establishes the terms of interaction between the Seller of the Goods and the natural person-buyer who acquires the Goods for personal needs not related to business activities.
The terms of cooperation between the Seller and the person who acquires the Goods for purposes related to business activity are stipulated separately by them in accordance with the requirements of laws governing business activity.
Terms used in this Agreement:
1.1. Administration - the owner of the website of the online store grace-shop.com.
Owner data: Igor Bocharov
Location: Ukraine, Kharkiv city, Heroiiv Pratsi street, building 20/321, apartment 42
Personal identification number: 3132506731
Site – the grace-shop.com online store website, including all web pages.
Seller – a legal entity or a natural person-entrepreneur who places on the Site information about the goods/services sold by him. The seller can be both the Administration and any other person to whom the Site Administration has granted permission to post information about the goods/services of such a person.
Goods – goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Site.
Buyer - any natural person who has full legal capacity and legal capacity in accordance with current international and Ukrainian legislation, who has visited the Site and intends to purchase the Product.
Order - accepted by the Buyer the Seller's offer to purchase the Goods by filling out the appropriate form on the Site, as well as the set of Goods ordered by the Buyer.
Verification – data verification (identification) of the Buyer, for which the request is routed using the Site. When the Buyer enters the correct Login and Password, the Site allows access to the Buyer's Personal account on the Site. In order to prevent unauthorized access to the account to identify the Buyer, the Administration can additionally use a one-time password (an additional unique set of electronic data). The buyer undertakes to identify himself every time he enters the Site.
Personal office – the Buyer's account on the Site. The Buyer's registration is carried out by filling out the registration form, after which he gets access to the Personal account. In the case of registration using a profile in social networks, some personal data may be automatically indicated in the Buyer's profile, but the Buyer must check their completeness and authenticity before placing an order. The buyer undertakes not to use the Personal account to carry out illegal actions, as well as actions that violate the rights or interests of third parties. In case of violation of this rule, the Buyer undertakes to compensate the Administration for all losses incurred in connection with such actions.
Offer - information posted on the Site about a specific Product that can be purchased by the Buyer. The offer includes: information about the Product itself, information about its price, methods of payment and delivery, return/exchange, as well as other conditions of purchase of the Product by the Buyer. The terms of the offer are determined by the seller.
1. General terms of use of the Site.
1.1. This Agreement is of a public nature, which means that it can be joined and accepted by an unlimited number of Buyers. By accessing the materials of the Site, the Buyer is considered to have joined this Agreement.
1.2. The Site Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes take effect from the moment the new version of the Agreement is posted on the Site.
1.3. Order processing procedure:
1.3.1. The offer on the Site is the Seller's offer (offer) to conclude a contract of sale of the Goods. After reading the Offer, the Buyer has the right to accept the Seller's offer by filling out the Order form on the Site. The sales contract is considered concluded from the moment the seller receives the completed order form from the buyer.
1.3.2. The Buyer places the Order independently on the relevant page of the Site by adding the Goods to the virtual cart by clicking the "Add to Cart!" button. or by placing an order by e-mail or by phone number specified in the contact section of the Site.
1.3.3. The term of formation of the Order is up to 3 working days from the moment it is sent to Prodsheep If the Order is sent to the Seller on a weekend or holiday, the term of formation begins on the first working day after the weekend.
1.3.4. After receiving the completed Order form from the Buyer, the Seller must promptly confirm receipt of such Order by sending a message to the Buyer by means of remote or mobile communication. The Seller's notice of receipt of the Order may reproduce the conditions of the Buyer's Order.
1.3.5. If it is impossible to fulfill the Buyer's Order due to the lack of the ordered Goods, the Seller undertakes to notify the Buyer immediately, but no later than thirty days from the moment of receiving the Order from the Buyer.
1.3.6. The Seller may offer the Buyer to replace the Product with another product if it is not available, if:
- another product corresponds to the purpose of use of the ordered Product;
- has the same or better quality; - its price does not exceed the price of the ordered Product.
In this case, replacement of the Product is possible only with the consent of the Buyer.
1.4. Product price:
1.4.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Site. The price of the sales contract is determined by adding up the prices of all the selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method according to the tariffs of the selected courier/carrier company.
1.4.2. The cost of the Order may vary depending on the price, quantity or range of the Goods.
1.4.3. Settlements in the field of electronic commerce are carried out in accordance with the laws of Ukraine "On payment systems and funds transfer in Ukraine", "On financial services and state regulation of financial services markets", other laws and regulatory acts of the National Bank of Ukraine.
1.4.4. Settlements in the field of electronic commerce can be carried out using payment instruments, electronic money, by transferring funds or paying in cash in compliance with the requirements of the legislation regarding the execution of cash and non-cash settlements, as well as in other ways provided for by the legislation of Ukraine.
1.4.5. The Buyer can pay for the order in any way agreed with the Seller. The method of payment is determined at the time of placing the Order.
1.4.6. In the case of payment for the Goods using payment instruments, the Buyer provides the necessary information that ensures payment by the relevant operator of payment systems. The operator of payment systems is responsible for the preservation of the information provided by the Buyer and for its use in accordance with the requirements of current legislation.
1.4.7. If the Buyer has not paid for the Goods within the term specified by the Seller in the Offer, such Offer shall be considered rejected.
1.4.8. Payment for the Goods, in accordance with the terms of the Offer, without fulfilling other conditions and/or without providing all the information specified in such an Offer, is not considered acceptance by the Buyer of the Offer, and the payment is considered improper and subject to return to the person who made it.
1.5. The sales contract is considered concluded from the moment the Seller receives the completed Order form from the Buyer and is valid until the Buyer and the Seller fully fulfill their obligations under the contract.
1.6. The Seller sends the Buyer a confirmation document about the conclusion of the sales contract in the form of an electronic document, receipt, check, coupon or other document of the established form at the time of conclusion of such contract (clause 1.5 of this Agreement) or at the time of handing over the Goods to the Buyer.
1.7. Terms of delivery of the Product:
1.7.1. The Buyer receives the Product using a delivery service or receives it personally. The Buyer undertakes to inform the Seller of the correct delivery address of the Goods.
The Seller's obligation to deliver the Goods to the Buyer is considered fulfilled at the moment:
- placing the Goods at the disposal of the Buyer, if the Buyer has chosen the method of delivery to the location of the Goods (self-delivery); - transfer of the Goods to a courier or a carrier company, if the Buyer has chosen the method of delivery by a courier or through a carrier company.
At the time of delivery of the Goods, all risks of accidental destruction or accidental damage to the Goods shall pass to the Buyer.
1.7.2. When delivering Goods to the cities of Ukraine or to the territory of another country, which is carried out by a carrier company, the Buyer fully and unconditionally agrees with the Rules of cargo transportation of such carrier company.
1.7.3. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies is confirmed by the Buyer with his own signature on the goods and transport invoice, declaration of the carrier company or in the delivery invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the carrier company in the quantity indicated by the Buyer in the Order, in completeness according to the specification of the Goods and in proper (working) condition and quality.
1.7.4. In the absence of the Buyer at the delivery addressspecified by the Buyer in the Order, or if the Buyer refuses to receive the Goods for unjustified reasons during delivery by a courier/carrier company, the Goods are returned to the shipping warehouse. Payment for the services of the courier/carrier company is deducted from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer based on his instructions.
1.7.5. The Buyer can always find out all the questions that arose in the process of payment and receipt of the Goods using the contacts indicated on the Site.
1.8. Rights and obligations of the Buyer:
1.8.1. When placing an Order, purchasing or using the Goods sold on the Site, the Buyer has the right to:
- protection of one's rights by the state;
- proper quality of the Goods and service;
- security of the Product;
- necessary, available, reliable and timely information about the Product, its quantity, quality, assortment, as well as about its manufacturer (executor, Seller);
- compensation for material and moral damage caused by defects in the Product (defect in the Product), in accordance with the law;
- appeal to the court and other authorized state bodies for the protection of violated rights;
- association of consumers into non-governmental organizations (consumers' association).
The buyer also has other rights established by consumer protection legislation.
1.8.2. The buyer is obliged to:
- before starting to operate the Product, carefully familiarize yourself with the operating rules set out in the Product documentation provided by the manufacturer (Seller, contractor);
- if clarification of the conditions and rules of use of the Goods is necessary - before starting to use the Goods, seek clarification from the Seller (manufacturer, contractor) or another person specified in the operating documentation, who performs their functions;
- use the Product in accordance with its intended purpose and comply with the conditions (requirements, norms, rules) established by the manufacturer of the Product (contractor) in the operational documentation;
- in order to prevent negative consequences for the Buyer from the use of the Product - use the safety measures provided by the manufacturer in the Product and follow the special rules established by the operational documentation, and in the absence of such rules in the documentation - follow the usual reasonable safety measures established for the Product of this type;
- provide all the information necessary for the Seller to enter into a sales contract and execute it.
1.9. Product information.
1.9.1. Information about the Product is contained on the Product itself, its packaging, on the label, in the marking, in the accompanying documents for the Product or is provided to the Buyer in another way (available visual form). Information about the product can also be provided remotely (by phone, by posting information about the product on the website, etc.). The buyer confirms his consent to receive information about the product by means of remote or mobile communication.
1.9.2. When receiving the Goods, before signing the documents confirming the receipt of the Goods, the Buyer is obliged to familiarize himself with the information about the Goods contained on the Goods, on the packaging and in the accompanying documents. If it is necessary to obtain additional information about the Goods, the Buyer is obliged to contact the Seller and obtain the necessary information before accepting the Goods.
1.10. Limitation of liability.
1.10.1. The Administration (except when the Administration is the Seller) bears no responsibility to the Buyers for the fulfillment of the Order by the Sellers and related issues, including, but not limited to:
- for compliance with the terms of the Offer regarding the actual conditions of sale of the Goods, for the absence of the Goods,
- for delay in delivery of the Goods,
- for the quality of the Goods,
- for proper fulfillment of warranty obligations by the Sellers and/or manufacturers of the Goods.
1.10.2. The content of the terms of the Offer is published by the Administration only at the instruction of the Seller (except when the Administration is the Seller). Under no circumstances shall the Administration be liable for any damages (including, but not limited to, loss of profit, business interruption) arising from the use, inability to use, or the results of the use of this Site.
1.10.3. The buyer is responsible for the accuracy of the data specified in the order form. In the event that the inaccurate (incorrect) indication of data in the Order led to additional costs for the Seller, related to the delivery of the Goods to the wrong address or the issuance of the Goods to the wrong person, all related losses and expenses are borne by the Buyer. The Seller has the right to deduct the amount of such damages or expenses from the amounts paid by the Buyer as payment for the Goods.
1.11. Conditions for returning the Product:
1.11.1. According to Art. 9 of the Law of Ukraine "On the Protection of Consumer Rights", the Buyer has the right to exchange a non-food Good of proper quality for a similar one, if the Goods did not satisfy the Buyer in terms of form, feesmaterial, style, color, size or for other reasons cannot be used for its intended purpose within fourteen days, except for the day of purchase, unless a longer period is announced by the Seller.
1.11.2. The exchange of Goods of appropriate quality is carried out if it has not been used and if its appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold Goods have been preserved.
1.11.4. If, at the time of the exchange, a similar Product is not on sale, the Buyer has the right to terminate the contract and receive a refund in the amount of the value of the returned Product.
1.11.5. Upon termination of the sales contract, settlements with the Buyer are made from the value of the Goods at the time of purchase.
1.11.6. Article 8 of the Law of Ukraine "On the Protection of Consumer Rights" establishes the Buyer's rights in the event that he discovers defects in the Goods during the established warranty period. In such a case, the Buyer is obliged to record the detected defects in a completed act of arbitrary form or to fill out the appropriate complaint form of the Seller on the Site. The act must be signed by the Buyer and the person who delivered the Goods, or by the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to notify the Seller of the detected defects and to voice his requirements.
1.11.7. The Buyer's claims are considered after he presents the settlement document, and in the case of the Goods for which the warranty period is established, the technical passport or another document that replaces it, with a mark on the date of sale.
2. Obligations of the Parties.
2.1. The buyer undertakes to read this Agreement carefully. In case of disagreement with its terms, the Buyer undertakes to immediately stop using the Site.
2.2. The buyer agrees not to engage in actions that may be considered as violating Ukrainian legislation or norms of international law, 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 Site and services. site
2.3. The use of Site materials without the permission of the copyright holders is not allowed. For the legitimate use of the materials of the Site, it is necessary to conclude license agreements (obtaining licenses) with the right holders.
2.4. When quoting materials from the Site, including copyrighted works, a reference to the Site is mandatory.
2.5. Comments and other records of the Buyer on the Site must not contradict the requirements of Ukrainian legislation and generally accepted standards of morality and ethics. Comments/Feedbacks of the Buyer posted on the Site are not confidential information and may be used by the Site Administration without restrictions.
2.6. The buyer is warned that the Site Administration is not responsible for visiting and using external resources, links to which may be kept on the Site.
2.7. The buyer accepts the provision that all materials and services of the Site or any part of them may be accompanied by advertising. The buyer agrees that the Site Administration bears no responsibility and has no obligations in connection with such advertising.
2.8. The Buyer understands that the Sellers are separate business entities that are not under the control of the Administration. The Buyer is aware that the Administration does not have any authority to influence their performance of their obligations regarding acceptance and/or fulfillment of the Order, as well as obligations arising after the sale of the Goods.
2.9. By registering on the Site, the Buyer agrees to provide reliable and accurate information about himself and his contact details. As a result of registration, the Buyer receives a login and password for entering the Personal Cabinet, for the security of which the Buyer is responsible. The buyer is also responsible for all actions under his login and password on the Site. In case of loss of registration data, the Buyer undertakes to immediately notify the Site Administration. The Site Administration, with the Buyer's consent, has the right to send information messages to the Buyer's addresses specified in the Personal Account/Order. In the case of the Buyer's refusal to receive the mailing, the Site Administration undertakes to stop such mailing to the Buyer.
2.10. The Site Administration has the right unilaterally, without notice to the Buyer, to cancel the Buyer's account (Personal Account) if it has not been used for more than 12 consecutive calendar months.
3. Personal data.
3.1. Registration on the Site means that the Buyer gives his consent to the use and processing of his personal data and has done soother actions provided for by the Law of Ukraine "On the Protection of Personal Data".
3.1.1. The subject of personal data, in accordance with the Law of Ukraine "On the Protection of Personal Data", has the right:
- to know about the sources of collection, the location of his personal data, the purpose of their processing, the location or place of residence (residence) of the owner or controller of personal data or to give a corresponding mandate regarding the receipt of this information by persons authorized by them, except for cases established by law;
- to receive information about the conditions of providing access to personal data, in particular information about third parties to whom his personal data is transferred;
- access to your personal data;
- to receive no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, an answer on whether his personal data is being processed, as well as to receive the content of such personal data;
- present a motivated demand to the owner of personal data with an objection to the processing of his personal data;
- make a motivated demand for the change or destruction of your personal data by any owner and manager of personal data, if these data are processed illegally or are unreliable;
- to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as protection from providing information that is unreliable or disgraces the honor, dignity and business reputation of a natural person;
- file complaints about the processing of your personal data to an authorized person or to a court;
- apply legal remedies in case of violation of the legislation on personal data protection;
- enter reservations regarding the limitation of the right to process your personal data when giving consent;
- withdraw consent to the processing of personal data;
- know the mechanism of automatic processing of personal data;
- to protect against an automated decision that has legal consequences for him.
3.2. The Site administration, like many other companies, uses cookies.
3.3. You can learn more about the processing of the Buyer's personal data by the Site Administration and the use of cookies by reading the Privacy Policy.
4. Other conditions.
4.1. This Agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues that are not regulated by the Agreement are subject to resolution in accordance with the legislation of Ukraine. All disputes and disagreements are resolved in accordance with the procedure provided by the legislation of Ukraine.
4.2. Nothing in the Agreement can be understood as the establishment between the Buyer and the Site Administration of agency relations, partnership relations, relations regarding joint activities, personal employment relations, or any other relations that are not expressly provided for in the Agreement.
4.3. Court recognition of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.
4.4. Inaction on the part of the Site Administration in the event of a violation by any of the Buyers of the provisions of the Agreement does not deprive the Site Administration of the right to later take appropriate actions to protect its interests, protection of intellectual property rights to the materials of the Site, which are protected in accordance with the law. The buyer confirms that he is familiar with all clauses of this Agreement and unconditionally accepts them.
4.5. The seller sends an electronic settlement document for the purchase amount to the subscriber number or e-mail address provided by the buyer.