Legal notice
This Public Agreement (Agreement and/or Offer), in which one party, the website cinq.com.ua, hereinafter referred to as the Seller, on the one hand, and any other person, hereinafter referred to as the Buyer, acting for the purpose of purchasing the Goods, accepts (accepts) the terms of this Agreement (hereinafter referred to as the Agreement), on the other hand, have concluded this Agreement on the following:
- GENERAL PROVISIONS
1.1 The Seller sells goods on the Website: cinq.com.ua
In accordance with Article 633 of the Civil Code of Ukraine (CC of Ukraine), this Agreement is a public agreement (Agreement and/or Offer) addressed to an unlimited number of legal entities and individuals, and in the event of acceptance of the conditions set out below, any individual or legal entity (hereinafter referred to as the Buyer) undertakes to comply with the terms of this Agreement.
1.2 This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine), its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur).
1.3 In this Agreement, the following terms have the following meanings:
Offer – a public offer of the Seller, addressed to any individual and/or legal entity, to conclude a Public Contract with them for the purchase of goods, the list and photos of which are posted on the Website: cinq.com.ua;
Acceptance – full acceptance by the Buyer of the terms of the Agreement for the purchase of goods by adding them to the virtual cart;
Seller - any legal entity, individual - entrepreneur, in accordance with current Ukrainian legislation, who are the owners or distributors of the Goods and intend to sell them through the Website.
Buyer – any legally capable individual or legal entity who has accepted the terms of this Agreement and intends to purchase the goods;
Products - a list of product items presented in the online store.
Product - a list of product items presented in the online store.
Catalog — information about products posted in an online store.
Place an order — the Buyer's decision to purchase a product placed in the online store.
1.4 Regarding the acceptance of the terms of this agreement, i.e. the public offer of the online store, a citizen or legal entity that accepts the offer becomes the Buyer. Acceptance is the fact of placing an order by clicking on the "Place an order" link in the cart and paying for the order in the amount of 100%, choosing online payment or cash on delivery via "Nova Poshta" in the amount of 100%, choosing payment upon receipt, under the terms of this agreement. >
- SUBJECT OF THE CONTRACT
2.1 The Seller undertakes, under the terms and in the manner specified in this Agreement, to sell the Goods(s) on the basis of the Order( s ) placed by the Buyer on the relevant page of the Website cinq.com.ua, and the Buyer undertakes , under the terms and in the manner specified in this Agreement, to purchase the Goods and pay their cost.
2.2 The Online Store 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.
2.3 This agreement regulates the purchase and sale in the online store, in particular:
- a) voluntary selection by the Buyer of goods from the "Catalog";
- b) independent processing of the order by the Buyer in the online store;
- c) payment by the Buyer of an order placed in the online store;
- d) execution and transfer of ownership of the order to the Buyer under the terms of this agreement.
- PURCHASE PROCEDURE
3.1. .The Buyer independently places an order on the relevant page of the cinq.com.ua website by adding the Goods to the virtual basket by clicking the “Add to basket” button, then placing the order in the basket by entering the necessary information and clicking the “Confirm order” button. phone number specified in the site’s contacts section.
3.2 The Seller ensures the availability of the Goods presented on the Site. The photographs accompanying the Goods may differ significantly from the actual appearance of the Goods, taking into account the peculiarities of color reproduction of different devices through which the Site is viewed.
3.3. In the event that the Goods ordered by the Buyer are not available in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, notifying the Buyer thereof by sending a corresponding e-mail to the address specified by the Buyer during registration, or in another way.
3.4 After placing an Order on the Site, the Seller's representative contacts the Buyer by sending an e-mail to the address specified by the Buyer during registration, or by phone, and clarifies information about the availability of the Goods, the expected date and method of delivery.
- CONTRACT PRICE, PAYMENT AND DELIVERY PROCEDURE
4.1 The price of each individual Product is determined by the Seller and indicated on the relevant page of the cinq.com.ua website. The Contract price is determined by adding up the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method selected on the website.
4.2. The cost of the Order may vary depending on the price, quantity or nomenclature of the goods.
4.3. The buyer can pay for the order in the following ways:
4.3.1 by bank transfer to the Seller's current account - the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% of the prepayment. Upon receipt of funds, the Online Store reserves the right to cancel the order.
4.3.2 by transferring cash to the courier.
4.3.3 cash on delivery upon receipt of the Order at delivery service offices.
4.3.4 in any other way as agreed with the Seller.
4.5 The Buyer receives the goods using delivery services or receives them in person. The procedure for payment and receipt of the Goods is specified on the “Delivery” and “Payment” pages of the cinq.com.ua website.
4.6. When delivering goods to other cities of Ukraine, which is performed by the Delivery Service (Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the Transportation of Goods by these Carrier Companies.
4.7. The fact of receipt of the Goods and the absence of complaints about the quality of the Goods delivered by the Delivery Services (Carrier Companies) is confirmed by the Buyer by signing the consignment note, declaration, goods receipt, delivery note of the Delivery Service (Carrier Company), or in the expense invoice, goods receipt of the goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in proper quality. After receipt of the Goods, complaints about external defects, quantity, completeness and presentation are not accepted.
4.8. In the event of the Buyer's absence at the delivery address specified by the Buyer in the order or the Buyer's refusal to receive the Goods for unjustified reasons, the goods shall be returned to the Seller upon delivery by the Delivery Service courier.
- RETURN CONDITIONS
5.1. In accordance with Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange the Goods of proper quality within fourteen days, except for the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
5.2. If the Buyer intends to return the Goods, such return is carried out in accordance with the "Returns" section of the Site, taking into account the rules and conditions of the carrier or courier operating in Ukraine or in another country according to the place of sale of the Goods.
5.3. In the event of at least one of the listed defects, the Buyer is obliged to record it in a drawn up act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the defects must be recorded by means of photography and video recording. Within 1 (one) day, the Buyer is obliged to notify the manager (the Seller's representative responsible for placing the order for the Goods) about the identified defects and agree on the replacement of the Goods.
5.4. The Parties agreed that in case of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition - without any mechanical damage and in full condition.
6 RESPONSIBILITY OF THE PARTIES
6.1. The Seller is obliged to comply with the terms of this Agreement.
6.2 The Seller is obliged to transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the cinq.com.ua website, the placed order and the terms of this Agreement;
6.3. The Seller has the right to unilaterally suspend the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.
6.4 All objects available on the Website cinq.com.ua, including design elements, text, graphic images, illustrations, videos, computer programs, databases, music, sounds and other objects, as well as any content posted on the Website services, are the objects of exclusive rights of the Seller and other copyright holders. No elements of the content of the Website services, as well as any content posted on the Website, may be used in any other way without the prior permission of the Seller and/or the copyright holder. Use means, including but not limited to: reproduction, copying, processing, distribution on any basis, etc.
6.5. The Buyer is obliged to pay and receive the Goods in a timely manner under the terms of this Agreement;
6.6 The Buyer is obliged to familiarize himself with the information about the Goods posted on the Seller's website;
6.7 Upon receipt of the Goods, the Buyer is obliged to verify the integrity and completeness of the Goods in the presence of a representative of the Delivery Service by inspecting the factory packaging. In case of damage to the factory packaging or incompleteness of the Goods, record them in a report, which must be signed by the person who delivered it to the Buyer together with the Buyer.
6.8 The Buyer is obliged not to take any actions that may lead to a disproportionately large load on the infrastructure of the cinq.com.ua Website.
6.9 The Buyer is obliged not to use automatic programs to access the cinq.com.ua Website;
6.10 The Buyer is obliged not to copy, reproduce, or modify any information contained on the Website cinq.com.ua;
6.11 The Buyer is obliged not to interfere or attempt to interfere with the operation and other activities of the cinq.com.ua Website; and not to interfere with the operation of automated systems or processes, as well as other measures aimed at preventing or restricting access to the cinq.com.ua Website;
6.12 The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.
6.13 In the event of disputes arising in connection with the performance by the Parties of this Agreement, with the exception of disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. For disputes related to debt collection from the Buyer, compliance with the claim procedure is not required.
6.14. All disputes, disagreements or claims arising from or in connection with this Agreement, including regarding its performance, breach, termination or invalidity, shall be subject to resolution in the appropriate court of Ukraine.
- OTHER
7.1. The Online Store reserves the right to expand and reduce the product offering on the Site, regulate access to the purchase of any goods, and suspend or discontinue the sale of any goods at its sole discretion.
7.2. This Agreement shall be construed as published on the Site and shall be applied and interpreted in accordance with the laws of Ukraine.
