ORDER, PURCHASE, AND DELIVERY OF GOODS
This contract is an official and public offer from the Seller to conclude a purchase and sale agreement for the Goods presented on the website www.temix.com.ua. This contract is public, which means that 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 giving preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for the goods, delivery of the goods, return of the goods, responsibility for unfair ordering, and all other terms of the contract. The contract is considered concluded from the moment of pressing the «Confirm Order» button on the order confirmation page in the «Cart» section and receiving confirmation of the order from the Seller in electronic form by the Buyer.
1. Definitions
1.1. Public Offer (hereinafter referred to as the «Offer») — a public proposal from the Seller addressed to an indefinite number of persons to conclude a purchase and sale agreement for the goods remotely (hereinafter referred to as the «Agreement») on the terms contained in this Offer.
1.2. Goods or Services — the object of the agreement between the parties, which was selected by the buyer on the website of the Internet store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Internet Store — the Seller’s website at www.temix.com.ua created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer’s acquaintance with the Seller’s description of the Goods using the Internet.
1.4. Buyer — a 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 Internet store for purposes unrelated to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.5. Seller — Limited Liability Company «TEMIX LTD» (identification code 44555105), a legal entity established and operating in accordance with the current legislation of Ukraine, with its registered office at: 54017, Mykolaiv, Chkalova Street, 20/3.
2. Subject of the Contract
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 Contract.
2.2. The date of conclusion of the Offer Contract (acceptance of the offer) and the moment of full and unequivocal acceptance of the terms of the Contract by the Buyer shall be considered the date of filling out the order form by the Buyer, located on the website of the Internet store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer’s discretion, the Contract may be executed in writing.
3. Order Processing
3.1. The Buyer independently places an order on the Internet store through the «Cart» form, or by making an order via email or phone number provided in the contact section of the Internet store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order process is incomplete or raises suspicion as to its accuracy.
3.3. When placing an order on the website of the Internet store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to process the order:
3.3.1. Buyer’s last name, first name;
3.3.2. The address to which the Goods should be delivered (if delivery to the Buyer’s address);
3.3.3. Contact phone number.
3.3.4. Identification code for legal entities or individual entrepreneurs.
3.4. The name, quantity, article number, and price of the selected Goods by the Buyer are indicated in the Buyer’s cart on the website of the Internet store.
3.5. If either party of the contract requires additional information, they have the right to request it from the other party. In case the necessary information is not provided by the Buyer, the Seller shall not be liable 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.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By entering into the Contract, i.e., accepting the terms of this proposal (the proposed terms of purchase of the Goods) by placing the Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this proposal (offer);
b) the Buyer consents to the collection, processing, and transfer of personal data, the consent to the processing of personal data is valid for the entire term of the Contract, as well as for an unlimited period after its expiration. In addition, by entering into the contract, the Buyer confirms that he/she has been informed (without additional notification) about the rights established by the Law of Ukraine «On Personal Data Protection», about the purposes of data collection, and that his/her personal data is transferred to the Seller for the purpose of executing the terms of this Contract, 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 to and transfer his/her personal data to third parties without any additional notifications to the Buyer for the purpose of executing the Buyer’s order. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine «On Personal Data Protection» is known and understood by him/her.
4. Ціна і Доставка Товару
4.1. Prices for Goods and services are determined by the Seller independently and indicated on the website of the Internet store. All prices for Goods and services are indicated on the website in hryvnias including VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on the market situation. At the same time, the price of a particular unit of Goods, the cost of which is fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the Internet store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer according to the current tariffs of delivery services (carriers) chosen directly by the Buyer.
4.4. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer’s address when the Buyer contacts the Seller with a respective request by sending an email or when placing an order through the Internet store operator.
4.5. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the funds are received by the Seller.
4.6. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the Internet store in the «Payment» section.
4.7. Upon receipt of the Goods, the Buyer must check the compliance of the Goods with qualitative and quantitative characteristics (name of the Goods, quantity, completeness, shelf life) in the presence of a representative of the delivery service (carrier).
4.8. The Buyer or their representative, upon receipt of the Goods, confirms by their signature on the sales receipt / or in the order / or in the transport invoice for the delivery of goods, that there are no claims regarding the quantity of the goods, external appearance, and completeness of the goods.
4.9. The right of ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods with self-delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5. Parties’ rights and obligations
5.1. The Seller undertakes to:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and during the execution of the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Contract, as well as the prices of Goods and services, unilaterally, by posting them on the website of the Internet store. All changes come into effect upon their publication.
5.3. The Buyer undertakes to:
5.3.1. Before entering into the Contract, familiarize themselves with the content of the Contract, the terms of the Contract, and the prices offered by the Seller on the website of the Internet store.
5.3.2. To enable the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that unambiguously identify them as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food products of proper quality if the product did not satisfy them in terms of form, dimensions, style, color, size, or for other reasons cannot be used by them for its intended purpose. The Buyer has the right to return non-food products of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of non-food products of proper quality is carried out if it has not been used and if its commercial appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer for the payment of the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. The return of the value of non-food products of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, provided that the requirements specified in clause 6.1. of this Agreement are met, and in accordance with the effective legislation of Ukraine.
6.3. The cost of the product shall be refunded by bank transfer to the Buyer’s account.
6.4. The return of non-food products of proper quality to the Seller’s address is at the expense of the Buyer, and is not reimbursed by the Seller to the Buyer.
6.5. In case of defects discovered during the warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to assert claims against the Seller provided for by the Law of Ukraine «On Protection of Consumer Rights». When presenting claims for free elimination of defects, the term for their elimination is calculated from the date of receipt of the Goods by the Seller at their disposal and physical access to such Goods.
6.6. The consideration of claims provided for by the Law of Ukraine «On Protection of Consumer Rights» is carried out by the Seller provided that the Buyer provides the documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that occurred after its transfer to the Buyer as a result of the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse non-food products of proper quality that have individually defined properties if such products can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, etc., at the Buyer’s request). Confirmation that the product has individually defined properties is the difference in the dimensions of the product and other characteristics specified on the Internet store.
6.8. The return of the product, in cases provided by law and this Agreement, is made to the address indicated on the website in the «Contacts» section.
7. Liability
7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper, untimely fulfillment of Orders, and its obligations in case the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer shall be liable for the performance of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be released from liability for complete or partial non-performance of their obligations if such non-performance is a result of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters beyond the control of the Seller and/or the Buyer after the conclusion of this agreement. The Party unable to fulfill its obligations shall promptly notify the other Party thereof.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the website of the Internet store during registration or placing an Order, the Buyer voluntarily gives consent to the Seller for the processing, use (including transmission) of their personal data, as well as for 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 the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for the improper performance or non-performance of its obligations due to the obsolescence of information about the Buyer or its inconsistency with reality.
9. Other Terms
9.1. This contract is concluded on the territory of Ukraine and is governed by 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 settle the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for the resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided in clause 5.2.1 of this Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner prescribed by the current legislation of Ukraine.
Address and Details of the Seller:
LLC «TEMIX LTD»
54017, Mykolaiv, Chkalova Street, 20/3
EDRPOU 44555105
IBAN UA493052990000026004011711257
at PrivatBank, Bank code 305299
INN 445551014033
Phone: (0512) 50-02-10, (050) 616-52-58
Email: office@temix.com.ua