Public Offer Agreement
1. GENERAL PROVISIONS
1.1. The following text is an Agreement between the online store lwallet.com.ua hereinafter referred to as the “Seller”, and the user of the services of the online store, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as the “Buyer”.
1.2. The contract is public in accordance with Art. 633 and Art. 641 of the Civil Code of Ukraine and is the equivalent of an “oral agreement” and has proper legal force.
1.3. In accordance with Art. 642 of the Civil Code of Ukraine full and unconditional acceptance of the terms of this offer agreement, which confirms the conclusion of the Agreement on the proposed terms, the fact that the Buyer pays for the cost of the goods ordered on the website of the online store (or in another way).
1.4. In this offer, unless the context otherwise requires, the following terms have the following meanings:
“Online store” – the Seller’s website, created for the conclusion of Retail and Wholesale Sales Agreements, after the Buyer has familiarized himself with the Seller’s Goods offered in photographs remotely.
“Seller” – an organization, regardless of its organizational and legal form and / or an individual entrepreneur selling goods.
“Product” – products offered for sale and posted on the lwallet.com.ua website.
“Buyer” – an individual and / or legal entity that places an order on the lwallet.com.ua website.
“Recipient” means an individual and/or legal entity designated by the Buyer who is to receive the ordered Goods.
“Acceptance” – full and unconditional acceptance by the Buyer of the terms of the Agreement.
“Order” – individual items from the assortment list of the Goods specified by the Buyer when placing an application on the site.
2. SUBJECT OF THE CONTRACT
2.1. The Seller sells and delivers the Goods in accordance with the current price list published on the lwallet.com.ua website, and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement.
3. ORDERING PROCEDURE
3.1. Formation of the order.
3.1.1. Orders are accepted through the website lwallet.com.ua during the working hours of the Seller.
3.1.2. The cost of all types of delivery is indicated in the “Delivery” section on the Seller’s website.
3.1.3. At the same time, the Seller does not provide services for the purchase and delivery of goods purchased from third parties at the request of the Buyer.
3.1.4. If the order was placed after 18:00, the dispatch of such goods takes place the next day. The possibility of delivery “day to day” is agreed additionally with the administrator of the online store, and is paid according to the delivery rates indicated on the Seller’s website.
3.1.5. When placing an order, the Buyer must specify the data of the Recipient as accurately as possible. Incorrect information provided by the Buyer may interfere with the execution of the order at the specified time. In this case, delivery is postponed until the correct data of the Recipient is clarified, but not more than 12 hours from the moment the Buyer pays for the order.
3.2. The procedure for paying for the order.
3.2.1. Payment for the order means the Buyer’s consent to enter into this Agreement with the Seller.
3.2.2. The Buyer pays the cost of the order under the Agreement by transferring funds to the Seller’s current account. The date of payment is the day of receipt of funds to the Seller’s account.
3.2.3. Prices for any items of the Goods indicated on the website are lwallet.com.ua valid at the time of the order.
3.2.4. The buyer has the right to confirm or cancel the order until it is paid.
3.2.5. Orders are accepted for execution only after the receipt of funds to the Seller’s account, with the exception of choosing the payment method “Cash upon receipt”.
3.2.6. A message about payment for the order is sent to the buyer’s email address or contact phone number that was specified when creating the order.
3.2.7. Services of payment systems, terminals, the Buyer pays additionally.
3.2.8. Payment for the order is made in the national currency – hryvnia
3.3. Terms of delivery of the order.
3.3.1. When placing an order, the Buyer must clearly indicate the requirements for its delivery. One order can be placed on one date, time, address.
3.3.2. Delivery of the order is carried out by prior agreement with the Recipient by phone, which is specified by the Buyer in the order.
3.3.3. Fast execution of the order and “day-to-day delivery” is carried out within 4 hours after payment of the order, as agreed with the Recipient.
3.3.4. Payment for the order and “delivery on the same day” by bank transfer must be made at least one hour before the selected delivery time interval.
3.3.5. The Buyer can make changes to the order no later than 3 hours before the delivery time of the order.
3.4. Execution of the order on holidays.
3.4.1. The schedule for the execution and delivery of orders during the holidays is posted on the lwallet.com.ua website in the Delivery section.
4. LEAD TIME
4.1. The lead time depends on the location of the Recipient – within the city of Kiev from 3 hours. Outside the city, the deadline for the execution and delivery of the order is agreed with the administrator of the online store separately. It all depends on the complexity of the order: the quantity of goods and its availability, on unforeseen events that do not depend on the Seller (accidents, weather conditions, traffic jams, etc.).
4.2. The order is considered completed at the time of its transfer to the Recipient / Buyer and / or his authorized representatives.
4.3. The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the delivery of the order to the Recipient / Buyer or his authorized representatives.
5. CREATING AN ORDER. REPLACING MISSING COMPONENTS
5.1. The Seller creates an order in accordance with the requirements of the Buyer.
5.2. If the Seller does not have certain elements for placing an order for any reason. The Seller, in agreement with the Buyer, can make a replacement.
5.3. All information materials presented on the lwallet.com.ua website are for reference only and cannot fully convey reliable information about certain properties and characteristics of the product. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing an order, he must seek advice from the administrator of the online store by phone, or send a request to the site according to the usual ordering procedure.
6. REPLACEMENT OF GOODS. RETURN OF GOODS. REFUND.
6.1. The Recipient / Buyer can refuse or return the order immediately upon receipt, indicating to the courier the reason for the return.
6.2. The buyer has the right to issue a letter with a complaint using the feedback form on the website or by e-mail: [email protected], indicating the reason and providing the appropriate description and supporting photos.
6.3. In case of replacement or return of the goods, the Buyer or the Recipient must return the goods in the same form in which this goods were delivered to him.
6.5. In case of cancellation of the order by the Recipient during a preliminary call, the Buyer may receive the funds paid for this order, if the outer packaging of the goods has not been damaged.
6.6. In other cases, the Seller considers complaints within 3 working days from the date of its receipt, the Seller informs about the results of the consideration of the complaint electronically.
6.7. If, due to the fault of the Seller, the order was not delivered on the specified day by the Buyer or the Recipient, the Buyer has the right to demand compensation, the amount of which cannot exceed the amount of the order.
6.8. When the Buyer returns the goods of good quality, the online store does Lwallet.com.ua return to him the amount of money paid for the goods upon the return of the goods, minus full compensation for the store’s expenses associated with the delivery of the goods.
7. TERM OF THE AGREEMENT. PROCEDURE FOR MAKING CHANGES
7.1. Acceptance of the Offer by the Buyer is a confirmation of the conclusion of the Agreement on the terms of the Offer.
7.2. The Agreement comes into force from the moment of payment of the order by the Buyer and is valid until the Seller fulfills its obligations under this Agreement.
7.3. The Seller has the right to make changes to the text of this Agreement at its discretion at any time and without prior notice to the Buyer. The current (current) version of the Agreement is always available on the website.
7.4. The Buyer agrees and acknowledges that making changes to the Offer entails making these changes to the Agreement already in force between the Buyer and the Seller, and these changes in the Agreement come into force with such changes in the Offer.
8.1. The Seller guarantees the confidentiality of the information that the Buyer indicates during registration or when placing an order.
8.2. The seller guarantees that personal data will not be used for personal gain, on third-party resources or for the distribution of spam.
8.3. When placing an order, the Buyer agrees to the processing of his personal data, which is stored in the Seller’s database solely for the identification of the Buyer / Recipient in case of repeated orders, and for their correct execution. If the Buyer refuses, the Seller will not be able to place the order accordingly.
9.1. The Seller bears all risks associated with the loss or damage of the goods until they are transferred to the Buyer.
9.2. The Recipient or the one who accepted the goods at the time of the Recipient’s absence bears all risks associated with the loss or damage of the goods from the moment of its acceptance.
9.3. The seller has the right to transfer his rights and obligations for the execution of orders to third parties, without exemption from liability.
9.4. The Seller is not responsible for the improper use or storage of goods by the Buyer ordered on the lwallet.com.ua website.
9.5. The Seller is not responsible for the possible loss of the Buyer’s virtual assets. All operations with assets are carried out by the Buyer under his own responsibility.
9.6. The responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
9.7. The parties agree that any disputes, the solution of which could not be reached through negotiations, are resolved in accordance with the current Ukrainian legislation.