Attention! Please, read this Agreement carefully prior to vising the website. If you do not accept the terms and conditions of this Agreement, please, do not use the website. Using this website including filling out different forms, requests, as well as goods/services order by you using this website shall mean that you agree to the terms and conditions of this Agreement.
This Agreement establishes the terms of interaction between the Seller of Goods and the individual buyer, who purchases the Goods for personal needs not related to business activities.
The conditions of cooperation between the Seller and the person who purchases the Goods for the purposes related to the business activity shall be specified by them separately in accordance with the requirements of the laws regulating business activity.
Terms used in this Agreement:
- Administration – owner of the website staleks.com.
Owner’s data: Donets Daria Pavlivna
Location: 190/184 Poltavskii Shliakh Street, Kharkov, Ukraine
Taxpayer’s ID: 3056609423
Website – website staleks.com, including all web-pages.
Seller – a legal entity or an individual entrepreneur publishing information on the Website regarding goods/services they sell and offer. The Seller can be both the Administration or any other party authorized by the Administration to publish information about such party’s goods/services.
Goods – commodities, services, works, property rights, other tangible and intangible items, information of which is published on the Website.
Buyer – any individual entity having full legal and physical capacity according to the current international and Ukrainian legislation, who visit the Website and intend to purchase the Goods.
Order – a Seller’s Offer to purchase the Goods accepted by the Buyer by means of filling out respective form on the Website, as well as the combination of the Goods ordered by the Buyer.
Verification – check of Buyer’s data (identification), during which a request is routed through the Website. If the Buyer enters correct Login and Password, the Website allows the Buyer to enter Buyer’s Account on the Website. In order to prevent unauthorized access to the account for the identification of the Buyer, the Administration may additionally use a one-time password (an additional unique set of electronic data). The buyer undertakes to carry out identification during each entry to the Website.
Account – Buyer’s account on the Website. A Buyer is registered by filling out a sign-in form and after that he/she is granted access to the Account. In case of registration using a social network profile some personal data may automatically be specified in the Buyer’s profile, but their completeness and accuracy must be rechecked by the Buyer. The Buyer shall not use the Account for performing illegal actions that infringe the the rights or interests of third parties. Should the Buyer violate the above provision, he/she shall reimburse the Administration for the losses incurred in relation therewith.
Offer – information published on the Website regarding particular Goods that can be purchased by a Buyer. An Offer includes: information about a piece of Goods, information about its price, methods of payment and delivery, return/exchange, as well as other Goods purchase conditions for the Buyer. Terms and conditions of an Offer are specified by the Seller.
1. General Rules for Using the Website.
- This Agreement is of public nature which means that an unlimited number of Buyers may accept it. By getting access to the materials of the Website the Buyer is deemed to have entered into this Agreement.
- 1.2. The Website Administration may at any time unilaterally amend the terms and conditions of this Agreement. Such amendments shall become effective once a new version of this Agreement has been posted on the Website.
- 1.3. Ordering Procedure:
- Offer on the Website is a Seller’s offer (formal offer) to enter into the Goods Sales Agreement. Once familiarized with an Offer the Buyer can accept a formal offer of the Seller by filling out Order form on the Website. Sales Agreement is deemed concluded upon the receipt by the Seller of an Order form filled out by the Buyer.
- The Buyer independently prepares the Order on a respective web-page of the Website by adding the Goods to the virtual basket by clicking the «Add to cart!» button, or by making an order by e-mail or by the phone number specified in the contacts section of the Website.
- Ordering period is up to 2 business days of its sending to the Seller. In the event that an Order is sent to the Seller on weekend or a holiday, Order formalization term starts on the first day that follows the weekend or holiday.
- After receiving from the Buyer the completed form of an Order, the Seller must promptly confirm receipt of such Order by sending a notice to the Buyer by means of remote or mobile communication means. Seller’s notification of receipt of an Order may reproduce the conditions of the Buyer’s Order.
- In the event that it is not possible to execute the Buyer’s Order due to the lack of the ordered Goods, the Seller agrees to promptly notify the Buyer about it, but not later than thirty days from the receipt of the Order from the Buyer.
- The Seller can offer the Buyer to replace the Goods in the event of their absence by another commodity if:
– such other commodity is suitable for intended use of the Goods ordered;
– such commodity is of the same or better quality;
– price of such commodity does not exceed the price of the Goods ordered.
In such cases the Goods replacement can only take place upon Buyer’s consent.
- Goods Price:
1.4.1. The price of each piece of the Goods shall be established by the Seller and specified on a respective web-page of the Website. The price of the sales 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 mode of delivery according to the rates of the chosen courier / carrier company.
1.4.2. The cost of the Order may vary depending on the price, quantity or nomenclature of the Goods.
1.4.3. Calculations in the field of electronic commerce are carried out in accordance with the laws of Ukraine «On Payment Systems and Transfer of Funds in Ukraine», «On Financial Services and State Regulation of Financial Services Markets», other laws and regulations 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 by cash with the fulfillment of the requirements of the legislation regarding cash and non-cash settlements, as well as by any other method provided by the legislation of Ukraine.
1.4.5. The Buyer can pay for the Order in any way as agreed with the Seller. Payment mode is determined during Order placement.
1.4.6. In the event of payment for the Goods using payment instruments, the Buyer shall provide the necessary information that ensures payment effecting by the relevant payment system operator. The operator of payment systems is responsible for maintaining the information provided by the Buyer and for using it according to the requirements of the effective legislation.
1.4.7. If the Buyer does not pay for the Goods within the period specified by the Seller in the Offer, such Offer is considered to be unaccepted.
1.4.8. Payment of the Goods, according to the terms of the Offer, without meeting other conditions and / or without providing all the information specified in such Offer, shall not be deemed to be the acceptance by the Buyer of the Offer, and payment is deemed improper and shall be returned to the person who effected it.
1.5. The sales agreement is considered concluded from the moment, when the Seller receives the completed form of the Order from the Buyer and is valid until the Buyer and Seller fully perform their obligations thereunder.
1.6. The Seller sends the Buyer a document confirming the agreement of sales in the form of an electronic document, receipt, check, coupon or other document of the established form at the time of concluding such an agreement (clause 1.5 of this Agreement) or at the time of transfer of the Goods to the Buyer.
1.7. Goods Delivery Terms:
1.7.1. The Buyer receives the Goods by a delivery service or through a personal delivery. The Buyer shall provide the Seller with correct address for the Goods to be delivered to.
The Seller’s obligation to transfer the Goods to the Buyer is deemed fulfilled upon:
– the provision of the Goods at the disposal of the Buyer if the Buyer chose the method of delivery at the location of the Goods (self-delivery);
– transfer of the Goods to the courier or the carrier company if the Buyer has chosen the method of delivery by the courier or through the carrier company.
At the time of transfer of the Goods to the Buyer, all risks of accidental destruction or accidental damage to the Goods are transferred to the Buyer.
1.7.2. When the Goods are delivered to the cities of Ukraine or to the territory of another country carried out by the carrier company, the Buyer fully and unconditionally agrees with the Rules for the carriage of goods of such carrier company.
1.7.3. The fact of receipt of the Goods and the absence of any claims to the quality of the Goods delivered by the carrier companies is confirmed by the Buyer by his / her own signature in the consignment note, the declaration of the carrier company or in the invoice upon the receipt of the Goods. In their part, the Seller guarantees the shipment of the Goods to the carrier company in the quantity specified by the Buyer in the Order, complete in accordance with the Goods specification and in proper (working) condition and quality.
1.7.4. In the absence of the Buyer at the delivery address specified by the Buyer in the Order or in the event of unreasonable Buyer’s refusal to receive the Goods, upon delivery by a courier / carrier company, the Goods shall be returned to the shipping warehouse. Payment for courier’s/carrier company services shall be deducted from the amount transferred by the Buyer for the Goods. Rest of the amount is returned to the Buyer based on his/her instruction.
1.7.5. The Buyer can always clarify all questions arising in the process of payment and receipt of the Goods through the contacts indicated on the Website.
1.8. Buyer’s Right and Obligations:
1.8.1. When placing an Order, purchasing or using the Goods sold through the Website, the Buyer shall have the right to:
1) protection of his/her rights by the state;
2) appropriate quality of the Goods and services;
3) Goods safety;
4) necessary, available, reliable, and timely information about the Goods, their quantity, quality, line, and manufacturer (vendor, Seller);
5) reimbursement for material and moral damage incurred due to Goods deficiencies (defects) according to the law;
6) apply to court or other governmental bodies for protection of rights infringed;
7) jointing to public consumer organizations (consumer associations).
The Buyer shall also have other rights stipulated by the consumer rights protection laws.
1.8.2. The Buyer shall:
1) before starting the use of the Goods, carefully read the operating rules set forth in the documentation provided by the manufacturer (Seller, vendor) for the Goods;
2) in case of need for clarification of terms and rules for using the Goods – before using the Goods, seek clarification from the Seller (manufacturer, vendor) or other persons specified in the operational documentation who act on their behalf;
3) use the Goods in accordance with its intended purpose and adhere to the conditions (requirements, norms, rules) established by the manufacturer of the Goods (vendor) in the operating documentation;
4) in order to prevent negative consequences of using the Goods for the Buyer – take the safety measures provided by the manufacturer in the Goods and follow the special rules established by the operational documentation, and in the absence of such rules in the documentation – adhere to the usual reasonable security measures established for the Goods of this kind;
5) provide all the information about themselves necessary for the Seller to conclude and fulfill a sales agreement.
1.9. Information on the Goods.
1.9.1. Information about the Goods is contained on the Goods themselves, their packaging, on the label, in the marking, in the shipping documents for the Goods or is provided to the Buyer in other way (accessible in visual form). Information about the Goods can also be provided remotely (by phone, by posting information about the Goods on the Website and others). The buyer confirms his/her consent to receive information about the Goods by means of remote or mobile communication.
1.9.2. Upon receipt of the Goods, until the documents confirming the receipt of the Goods have been signed, the Buyer shall familiarize with the information on the Goods contained in the Goods, on the packaging and in the shipping documents. If additional information about the Goods needs to be obtained, the Buyer must contact the Seller and receive the necessary information before the Goods are accepted.
1.10. Limitation of Responsibility.
1.10.1. The Administration (except when the Administration is the Seller) does not assume any responsibility to the Buyers for the fulfillment of the Order by the Sellers and related matters including but not limited to the following:
– conformity of Offer conditions and terms to actual conditions and terms of Goods sale, as well as missing Goods,
– Goods delivery delays,
– Goods quality,
– proper fulfillment of warranty obligations by the Sellers and / or manufacturers of the Goods.
1.10.2. The content of the conditions of the Offer is published by the Administration upon Seller’s instructions only (unless the Administration is the Seller). The Administration is in no case responsible for any damage (including but not limited to loss of profit, interruption of business activity) arising from the use, inability to use or the results of using this Website.
1.10.3. The Buyer is responsible for the accuracy of the data specified in the Order form. In the event that inaccurate (incorrect) indication of the data in the Order resulted in additional costs for the Seller related to the delivery of the Goods to the wrong address or the delivery of the Goods to a wrong person, all losses and expenses associated therewith are borne by the Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the Goods.
1.11. Goods Return:
1.11.1. In accordance with Art. 9 of the Law of Ukraine «On Protection of Consumer Rights», the Buyer has the right to exchange the non-food Goods of the appropriate quality for the same if the Goods did not satisfy the Buyer in shape, dimensions, style, color, size or, due to other reasons, can not be used for its intended purpose within fourteen days without counting the day of purchase unless a longer period is declared by the Seller.
1.11.2. The exchange of the Goods of the proper quality is made if they have not been used and if their marketable condition, consumer properties, seals, labels, as well as a settlement document issued to the Buyer along with the sold Goods are maintained.
1.11.3. Attention! List of the Goods that are not subject to exchange (return) under the provisions set forth in section 1.11.1 hereof is approved by Cabinet of Ministers of Ukraine.
1.11.4. If at the time of the exchange, no similar Goods are available for sale, the Buyer has the right to terminate the contract and receive back the money in the amount of the value of the returned Goods.
1.11.5. Upon termination of the sales agreement, settlements with the Buyer shall be based on 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 rights of the Buyer in the event that the Buyer reveals the defects of the Goods within the established warranty period. In this case, the Buyer is obliged to record the revealed shortcomings in a duly drawn up certificate of an arbitrary form or fill in the appropriate complaint form of the Seller on the Website. Such certificate shall be signed by the Buyer and a person who delivered the Goods or by the Seller. If possible, the defects must be captured using photo or video camera. The Buyer shall, within 1 (one) day, inform the Seller about the defect found and announce his/her claims.
1.11.7. The Buyer’s claims are considered after the presentation of the settlement document, and for the Goods with the established warranty period, a technical passport or other document that replaces it, with a note of the date of sale.
2. Obligations of Parties.
2.1. The Buyer shall read this Agreement carefully. In case of disagreement with its terms and Conditions the Buyer shall stop using the Website immediately.
2.2. The Buyer agrees not to take actions that may be considered as violating Ukrainian legislation or international law, including in the area of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to a disruption of the normal operation of the Website and its services.
2.3. The use of materials from the Website without their right holders’ consent is forbidden. For the legitimate use of the materials of the Website, it is necessary to conclude licensing agreements (obtaining licenses) with the right holders.
2.4. When citing the materials of the Website, including protected copyright works, a link to the Site is required.
2.5. Comments and other records of the Buyer on the Website should not conflict with the requirements of Ukrainian legislation and generally accepted norms of morality. Buyer’s comments/reviews posted on the website shall not be deemed confidential information and can be used by the Website Administration without limitations whatsoever.
2.6. The Buyer is warned that the Website Administration is not responsible for visiting and using external resources, the links to which may be contained on the Website.
2.7. The buyer accepts the provision that all materials and services of the Website or any part thereof may be accompanied by advertising. The Buyer agrees that the Website Administration does not bear any responsibility and does not have any 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 the fulfillment by the Sellers of their obligations regarding the acceptance and / or execution of the Order, as well as the obligations arising from the sale of the Goods.
2.9. By registering on the Website, the Buyer agrees to provide accurate and correct information about him/herself and his/her contact details. As a result of registration, the Buyer receives a login and password for the Account, for safety of which the Buyer is responsible. The buyer is also responsible for all actions under his/her login and password on the Website. In case of loss of registration data, the Buyer shall immediately notify the Website Administration about it. The Website Administration, provided Buyer’s consent, has the right to send newsletters to the Buyer’s addresses indicated in the Account / Order. If the Buyer refuses to receive newsletters, the Website Administration undertakes to stop such sending to the Buyer.
2.10. The Administration of the Website has the right to unilaterally, without notifying the Buyer, cancel the Buyer’s Account, if it has not been used for more than 12 calendar months in a row.
3. Personal Data.
3.1. Registration on the Website means the provision by the Buyer of consent to the use and processing of their personal data and the implementation of other actions provided for by the Law of Ukraine «On Personal Data Security».
3.1.1. According to the Law of Ukraine «On Protection of Personal Data», the subject of personal data has the right: to know about the source of collection, the location of their personal data, the purpose of processing them, the location or residence of the owner or manager of personal data, or to issue an appropriate instruction regarding the receipt of this information by persons authorized by them, except as provided by law; receive information on the conditions for granting access to personal data, in particular information about third parties to whom their personal data are transferred; to access their personal data; receive a reply not later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, a response on whether their personal data are processed, and also to receive the content of such personal data; to submit a motivated demand to the owner of personal data with an objection to the processing of their personal data; present a motivated requirement to change or destroy their personal data by any owner and manager of personal data, if these data are processed illegally or are unreliable; to protect their personal data from illegal processing and accidental loss, destruction, damage in connection with the deliberate concealment, failure to provide or untimely provision thereof, as well as to protect against the provision of information that is unreliable or disgraces the honor, dignity and business reputation of an individual; to complain about the processing of their personal data to an authorized person or to a court; to apply remedies in case of violation of legislation on protection of personal data; to issue a warning regarding the restriction of the right to process their personal data at the time of consent; to withdraw consent to the processing of personal data; to know the mechanism of automatic processing of personal data; to protection from the automated decision which has legal consequences for them.
4. Other Terms.
4.1. This Agreement shall be governed and construed in accordance with the legislation of Ukraine. All issues that are not covered hereby shall be settled in accordance with the legislation of Ukraine. All disputes and controversies shall be settled in accordance with the procedure stipulated by the legislation of Ukraine.
4.2. Nothing in the Agreement can be understood as the establishment of agency relations between the Buyer and the Website Administration, partnership relations, joint ventures, personal hiring relations, or any other relations not expressly provided for in the Agreement.
4.3. Recognition by a court of any provision of the Agreement as invalid or unenforceable does not entail invalidity of other provisions of the Agreement.
4.4. Inaction on the part of the Website Administration in case of violation by the Buyer of the provisions of the Agreement does not deprive the Website Administration of the right to take later appropriate actions in defense of its interests, protection of intellectual property rights to the materials of the Website protected in accordance with the law. The Buyer confirms that he/she is familiar with all the clauses of this Agreement and accepts them unconditionally.