PUBLIC AGREEMENT (OFFER) for ordering, purchase and sale, and delivery of goods

This agreement is an official and public offer by the Seller to enter into a purchase and sale agreement for the Goods presented on the website https://knyhago.com.ua/ By entering into this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for goods, delivering goods, returning goods, liability for unfair ordering, and all other terms of the agreement. The Agreement is considered concluded from the moment the "Submit data" button is pressed on the order placement page in the "Cart" section and the Buyer receives confirmation of the order from the Seller in electronic form.

1. Definition of Terms

1.1. Public Offer (hereinafter - "Offer") - a public proposal by the Seller, addressed to an indefinite number of persons, to enter into a purchase and sale agreement for goods remotely (hereinafter - "Agreement") on the terms contained in this Offer.

1.2. Goods or Services - the subject of the agreement between the parties, which was selected by the buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.2. Online Store - the Seller's website at https://knyhago.com.ua/ created for concluding retail purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.

1.3. Buyer - a legally capable individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the Online Store website for purposes not related to business activities, or a legal entity or individual entrepreneur.

1.4. Seller - online store knyhago.com.ua

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 considered the date of filling out by the Buyer the order form located on the Online Store website, provided that the Buyer receives confirmation of the order from the Seller in electronic form.

3. Order Placement

3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by email or phone number 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 provided by the Buyer when placing the order is incomplete or raises doubts about its validity.

3.3. When placing an order on the Online Store website, the Buyer is obliged to provide the following mandatory information necessary for the Seller to fulfill the order:

  • 3.3.1. last name, first name of the Buyer;
  • 3.3.2. address to which the Goods should be delivered (if delivery to the Buyer's address);
  • 3.3.3. contact phone number.

3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online Store website.

3.5. If either Party to the agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.

3.6. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data by the Buyer in the registration form on the Online Store website or when placing an Order through the 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 entering into the Agreement, i.e., accepting the terms of this proposal (proposed terms of purchase of Goods), by placing an Order, the Buyer confirms the following:

  • a) The Buyer is fully and completely familiar with and agrees to the terms of this proposal (offer);
  • b) he gives permission for the collection, processing and transfer of personal data, permission for the processing of personal data is valid throughout the term of the Agreement, as well as for an unlimited period after its termination. In addition, by entering into the agreement, the Buyer confirms that he has been notified (without additional notice) about the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, and also that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of 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 notices 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 Personal Data Protection" is known and understood by him.

4. Price and Delivery of Goods

4.1 Prices for Goods and services are determined by the Seller independently and indicated on the Online Store website. All prices for Goods and services are indicated on the website in hryvnia including VAT.

4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The cost of Goods indicated on the Online Store website does not include the cost of delivery of Goods to the Buyer. The cost of delivery of Goods is paid by the Buyer in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.

4.4. The cost of Goods indicated on the Online Store website does not include the cost of delivery of Goods to the Buyer's address.

4.5. The Seller may indicate the estimated cost of delivery of Goods to the Buyer's address when the Buyer contacts the Seller with a corresponding request by sending a letter to 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 the funds into his account.

4.7. Settlements between the Seller and the Buyer for Goods are carried out in the ways specified on the Online Store website in the "Payment and Delivery" section.

4.8. Upon receipt of the goods, the Buyer must check the compliance of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).

4.9. The Buyer or his representative when accepting the Goods confirms with his signature on the sales receipt / or in the order / or in the transport waybill for the delivery of goods that he has no claims regarding the quantity of goods, appearance and completeness of the goods.

4.10. The right of 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 of delivery of the Goods during 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 to:

  • 5.1.1. Transfer to the Buyer the goods 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 in cases provided by law and during the fulfillment of the Buyer's Order.

5.2. The Seller has the right to:

  • 5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally, by posting them on the Online Store website. All changes take effect from the moment of their publication.

5.3 The Buyer undertakes to:

  • 5.3.1 Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Online Store website.
  • 5.3.2 For the fulfillment by the Seller of his obligations to the Buyer, the latter must provide all necessary data that uniquely identify him as a Buyer and are sufficient for the delivery to the Buyer of the ordered Goods.

6. Return of Goods

6.1. In accordance with the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 "On the implementation of certain provisions of the Law of Ukraine "On Consumer Rights Protection", printed publications of proper quality are not subject to exchange or return.

6.2. The Buyer may exchange or return goods only if the goods contain a printing defect or defect from previous use (in the case of used goods), which the Buyer was not warned about in advance and which was not indicated in the description of the goods. In this case, the Buyer has the right to return the defective purchased goods within 14 days from the date of receipt. To do this, you should write to e-mail: [email protected] for further coordination of details.

6.3. Return of defective / non-compliant products is carried out at the expense of the Seller.

6.4. Electronic content (electronic, digital, audiobooks) is not subject to exchange and return.

6.5. Goods shipped outside Ukraine are not subject to exchange and return.

7. Liability

7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use or storage of Goods purchased from the Seller.

7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and his obligations in case the Buyer provides inaccurate or erroneous information.

7.3. The Seller and the 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 non-fulfillment of their obligations if the non-fulfillment is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and / or Buyer after the conclusion of this agreement. The party that cannot fulfill its obligations immediately notifies the other Party.

8. Confidentiality and Personal Data Protection.

8.1. By providing his personal data on the Online Store website during registration or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as other actions provided by the Law of Ukraine "On Personal Data Protection", without limitation of the term of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation if the Seller provides 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 when disclosure of such information is established by the requirements of current legislation of Ukraine.

8.3. The Buyer is responsible for maintaining his personal data up to date. The Seller is not responsible for poor quality performance or non-performance of his obligations due to the irrelevance of information about the Buyer or its non-compliance with reality.

9. Other Terms

9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

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

9.3. The Seller has the right to make changes to this Agreement unilaterally in the manner provided for in clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner provided by the current legislation of Ukraine.