1. TERMS AND DEFINITIONS. GENERAL PROVISIONS
1.1 The terms and definitions contained herein are used in the following meaning: Site – the website of the Seller’s online store on the Internet at https://grainsdeverre.com, including all its web pages. Seller – Individual entrepreneur LOSHAK MARGARITA OLEGIVNA, entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations No. 25560000000153945 dated 03.07.2019, taxpayer identification number 3537407403, registered (resides) at the address: Ivan Franko St., building 51, apt. 117, Odessa, Odesa region, 65049, Ukraine. Buyer – any legally capable person aged 18 or over, a legal entity, an individual entrepreneur who intends to place an order on the Site for the purpose of purchasing Goods.
Goods – a list of Goods posted on the Site, which are offered for sale at a distance using telecommunications networks through the Seller's online store.
Public Contract – a contract under which the Seller undertakes to sell the Goods to anyone who applies for them, under the conditions and in the manner established by this Contract.
Public offer – a public offer by the Seller to the general public to conclude an electronic contract for the purchase and sale of Goods at a distance through the Seller's online store under the terms and conditions specified by the Seller.
Acceptance – The Buyer gives full and unconditional consent to the Seller's offer to enter into a Public Agreement on the terms and conditions provided for herein by taking the actions provided for herein aimed at accepting the terms of the Public Offer.
Order – a request from the Buyer to purchase the selected Goods, duly executed and placed through the Site or sent to the Seller's email address.
Significant defect – a defect that makes it impossible or invalid to use the Goods for their intended purpose, which arose due to the fault of the manufacturer (Seller), reappears after its elimination for reasons beyond the control of the Buyer and has at least one of the following characteristics: a) cannot be eliminated at all; b) its elimination requires more than fourteen calendar days; c) significantly changes the Goods from what is established in the Agreement.
Defect – any non-compliance of the Goods with the requirements of legislative acts and regulatory documents, the terms of this Agreement or the requirements applicable to it, as well as information about the Goods provided by the manufacturer (Seller).
1.2 This Agreement is a public agreement in accordance with paragraph 633 of the Civil Code of Ukraine, the terms of which are the same for all Buyers.
1.3 This Agreement is posted on the Site and is a public offer in accordance with paragraph 633 of the Civil Code of Ukraine.
1.4 This Agreement is an act of accession, i.e. an agreement that can only be concluded by the Buyer's accession to the proposed agreement as a whole. The Buyer may not propose its own terms and conditions of the agreement.
1.5 The Seller ensures the availability of the Goods offered for sale. Information about the Goods posted in the online store, including photographs, may differ from the actual design of the Goods. The description and characteristics specified on the Site do not contain complete information about the Goods and may contain typographical errors. The Buyer can obtain complete information about the Goods of interest to him by contacting the Seller. Information about the Seller's means of communication is posted on the Site.
1.6 The price of the Goods and the cost of delivery are indicated in the relevant sections of the Site and are additionally displayed during the Order placement and in the electronic message confirming the Order.
1.7 By concluding the Agreement, the Buyer confirms that he is fully familiar with and accepts the terms of this Agreement; and also, if the Buyer is an individual, he consents to the processing of his personal data for the purposes of this Agreement, the possibility of mutual settlements, as well as receiving invoices, delivery notes and other documents. The permission to process personal data will be valid throughout the entire term of this Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without further notice) of the rights defined by the Law of Ukraine "On Personal Data Protection" and the purposes of data collection. He knows and understands the scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection".
1.8 This Agreement is deemed to be concluded from the date of placing the Order by the Buyer in accordance with Section 4 of this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1 The Seller undertakes to transfer the Goods into the possession of the Buyer, and the Buyer undertakes to pay for them and accept them under the terms of this Agreement.
2.2 Ownership of the Goods shall be transferred to the Buyer at the time of acceptance by the Buyer under the terms and conditions established by this Agreement.
2.3 The Seller guarantees that the Goods have not been pledged, are not in dispute, are not under arrest and do not have any third party rights.
2.4 The Seller and the Buyer confirm that this Agreement is not a fraudulent agreement, an agreement concluded under the influence of coercion or deception.
3. PROCEDURE FOR ACCEPTING A PROPOSAL TO CONCLUSION A CONTRACT
3.1 The Buyer accepts the offer to conclude this Agreement by placing an Order for the Goods in the online store under the terms and conditions specified herein.
4. ORDERING PROCEDURE
4.1 The Buyer independently selects the Goods on the Site and adds the selected Goods to the "Cart" by clicking "Add to Cart".
4.2 After clicking "Place Order", the Buyer fills out the Order form, indicating his/her name and surname, email, phone number, delivery address, payment method, delivery method and other data necessary for the Seller to fulfill its obligations under this Agreement.
4.3 By clicking "Place an order via Liqpay", the Buyer accepts all the terms of this Agreement, and also confirms that he has received complete information about the Goods, its main characteristics, price, delivery cost, delivery terms of the Goods ordered by the Buyer (if the Buyer ordered the Goods with delivery), and also provides a link to this Agreement.
4.4 The Buyer may place an Order by writing a letter to the email address available on the Site.
4.5 The order is considered placed after performing the actions specified in clauses 4.1 and 4.2 of this Agreement and clicking "Confirm order" or performing the action specified in clause 4.4 of this Agreement.
5. ORDER PROCESSING AND CONFIRMATION
5.1 The term for processing and confirming the Order by the Seller is up to 2 (two) business days from the moment of its placement. If the Seller requires additional time to process and confirm the Order, such term shall be agreed with the Buyer additionally.
5.2 The Seller confirms the Order by sending an email (electronic message) to the email address specified by the Buyer when placing the Order, which indicates the main characteristics of the Goods, the Order number for the Goods assigned by the Seller, the price of the Goods, its quantity, the cost of delivery, information on the delivery time of the Goods ordered by the Buyer (if the Buyer ordered the Goods with delivery), and also provides a link to this Agreement.
5.3 If it is impossible to fulfill a confirmed Order due to the absence of the ordered Goods in stock, the Seller must notify the Buyer immediately, but no later than 30 (thirty) days from the date of placing the Order.
6. PRICE OF GOODS AND ORDER PAYMENT PROCEDURE
6.1. The price of the Goods is indicated on the Site separately for each unit of the Goods, including taxes.
6.2. All prices for the Goods are expressed in the national currency of Ukraine - hryvnia. Prices for the Goods may be additionally indicated in US dollars or other foreign currencies, however, all payments for the Goods are made in hryvnia. Depending on fluctuations in the exchange rate set by the National Bank of Ukraine, the funds in foreign currency actually debited from the Buyer's account may differ from the price of the Goods in foreign currency indicated on the Site. All costs associated with commissions and other fees collected by the bank for converting foreign currency are borne by the Buyer.
6.3. Payment may be made in US dollars to the Buyer's foreign currency account, provided that the Goods are sold abroad.
6.4. Payment for the Goods is made non-cash using credit cards in accordance with the rules of the relevant payment system.
6.5. The Buyer pays for the Goods by credit card immediately after selection.
7.DATE, COST AND TERMS OF ORDER DELIVERY
7.1. Goods are delivered within Ukraine or abroad independently by the Seller or with the help of third parties (delivery service, transport company, company performing other transport-related activities, etc., at the Buyer's choice).
7.2. Depending on the availability of the Goods selected by the Buyer in the Seller's warehouse, delivery is carried out within 2-30 (thirty) calendar days from the moment of placing the Order in accordance with Section 4 of this Agreement.
7.3. Regardless of the chosen method of delivery of the Goods, the Seller's obligation to deliver the Goods is considered to be fully fulfilled from the moment the Goods are transferred to the transport company or courier carrying out the delivery.
7.4. In the case of delivery by a transport company and a company performing other transport-related activities, the delivery of the Goods is carried out in accordance with the delivery terms of such transport company and company performing other transport-related activities.
7.5. The Goods are transferred to the Buyer upon presentation of a document confirming the identity of the recipient of the Goods.
7.6. The cost of delivery of the Goods is paid by the Buyer.
7.7. The delivery cost is set in accordance with the delivery rates of the service or transport company.
7.8. The buyer can check the cost of delivery within Ukraine (tariffs) directly with the delivery service or transport company that carries out the delivery.
7.9. The cost of delivery outside Ukraine is determined when placing an Order automatically after specifying the delivery method and destination, and is also attached to the e-mail confirming the Order.
7.10. When placing an Order for delivery outside Ukraine, the Buyer independently pays taxes, duties and other fees associated with such delivery.
8.PROCEDURE FOR ACCEPTANCE OF GOODS
8.1. If the Buyer ordered the Goods without delivery, he can independently pick up the ordered Goods at the delivery point specified on the Site.
8.2. The Goods are accepted by the Buyer at the time of delivery or receipt by the Buyer at the Seller's address.
8.3. Upon acceptance of the Goods, the Buyer is obliged to check the integrity of the outer packaging, then unpack it and clearly check the correctness of the appearance of the Goods (absence of mechanical damage) and its completeness.
8.4. In the absence of any comments regarding the quality and completeness of the Goods, the Buyer must accept the Goods.
8.5. If the Buyer discovers defects or significant defects in the Goods upon acceptance of the Goods, he may refuse to accept the Goods and terminate this Agreement or refuse to accept the Goods and demand replacement of the Goods with the same or similar ones from the Seller's warehouse.
9.RETURN AND EXCHANGE OF GOODS. TERMINATION OF THE AGREEMENT
9.1. The Buyer may return or exchange the received Goods of appropriate quality for a similar one within 14 (fourteen) calendar days from the date of receipt of the Goods, excluding the day of purchase, provided that all of the following conditions are met in combination:
9.1.1. The goods have not been used, their market condition and consumer properties have been preserved.
9.1.2. The product is not on the list of Goods that are not subject to exchange and/or return (for example, underwear, stockings, etc.) according to Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights” dated March 19, 1994.
9.2. If at the time of exchange similar Goods are not available in stock, the Buyer may purchase any other Goods from the warehouse with an appropriate transfer of cost, or terminate the Agreement and receive funds in the amount of the price of the returned Goods, or exchange the Goods for similar ones when the relevant Goods go on sale.
9.3. In the event of detection during the established warranty period of significant defects that occurred due to the fault of the manufacturer (Seller) of the Goods or falsification of the Goods, confirmed by an expert opinion, the Buyer may, at his own discretion, terminate the Agreement with a refund, or demand replacement of the Goods with the same or similar ones from the Seller's warehouse.
9.4. The Buyer and the Seller may terminate this Agreement at any time prior to the Buyer's acceptance of the Goods.
9.5. The Buyer may terminate this Agreement within 14 (fourteen) calendar days from the date of receipt of the Goods, excluding the day of purchase, provided that all conditions stipulated in clauses 10.1.1. and 10.1.2. of this Agreement are met.
9.6. If the Goods were delivered to the Buyer by mail, in the event of termination of the Agreement, they must be returned by mail.
9.7. The Seller shall reimburse the Buyer's expenses related to the return of the Goods.
9.8. In case of breach of the Agreement and a refund for the amount already paid by the Buyer by bank transfer, the paid funds are returned by the Seller within 7 (seven) days from the date of return.
9.9. If the Buyer refuses to accept the Goods, which he has already paid for by bank transfer, and decides to terminate the Agreement, the paid funds shall be returned by the Seller within 7 (seven) days from the date of termination of this Agreement.
10. WARRANTY OBLIGATIONS
10.1. The Seller guarantees that the Goods comply with the requirements of state and/or industry standards of Ukraine, which establish requirements for this type of Goods.
10.2. The Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer due to the latter's violation of the terms of use of the Goods (instructions for servicing the Goods) or storage, actions of third parties or force majeure.
10.3. The Seller establishes a warranty period for the Goods of 180 days. The warranty period begins the day after the Buyer accepts the Goods.
10.4. If defects in the Goods are discovered during the established warranty period, the Buyer may demand free elimination of defects in the Goods within a reasonable time.
10.5. In the event of warranty repair, the warranty period is extended for the period of time while the Product is under repair.
11. PROCEDURE FOR ACCEPTING CLAIMS FOR GOODS
11.1. In case of any claims regarding the purchased Goods, the Buyer may contact the Seller by sending an email to the email address posted on the Site.
11.2. The term for considering a claim is up to 10 (ten) business days from the date of receipt of the claim.
11.3. The Buyer must attach to the claim an expert opinion on significant defects in the Goods that occurred due to the fault of the manufacturer (Seller) of the Goods or falsification of the Goods.
11.4. After acceptance of the Goods by the Buyer, claims regarding the appearance and completeness of the Goods are not accepted.
12. DURATION OF THE PUBLIC OFFER
12.1. The duration of this Public Offer is set from 01.06.2025 to 30.12.2025.
12.2. The Seller may withdraw this Public Offer at any time, which shall not be grounds for terminating the concluded agreements.
12.3. The Seller may unilaterally amend this Agreement by simultaneously posting it on the Site. The amendments shall not apply to Agreements concluded prior to the publication of such amendments on the Site.
13. RESPONSIBILITY OF THE PARTIES
13.1. 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.
13.2. In the event of force majeure, the parties are exempt from fulfilling the terms of this Agreement. Force majeure means events of an extraordinary, unforeseeable nature that eliminate or objectively prevent the fulfillment of this Agreement, the occurrence of which the parties could not foresee and eliminate by reasonable measures.
13.3. The Party that invokes force majeure must notify the other Party in advance of the occurrence of such circumstances.
