Offer contract

OFFER AGREEMENT

This Agreement is a public agreement - a public offer agreement, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). By fully agreeing to this Agreement, the buyer accepts the terms and procedure for placing an order, paying for goods, and delivering goods.

This Agreement is an agreement between the online store "bngroup.com.ua" and any legal entity, individual entrepreneur or individual, user of the services of the online store, hereinafter referred to as the "Buyer", which includes all essential conditions for organizing purchase - sale remotely (i.e. through the online store).

The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated May 12, 1991, the Rules of Retail Trade in Non-Food Goods, approved by Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.

This agreement is in the nature of a public offer, is equivalent to an "oral agreement" and, in accordance with the current legislation of Ukraine, has due legal force.

1. General provisions

1.1. This agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing distance selling, i.e. through an online store.

1.2. In accordance with Art. 642 of the Civil Code of Ukraine, full and undisputed acceptance of the terms of a public agreement, i.e. a public offer of an online store, is the fact of clicking on the link "Place an order", "Place an order" or "Buy in 1 click and pay for the order in the amount of 100% under the terms of this agreement.

1.3. The public offer is also accepted when registering the Buyer on the website of the online store.

1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely familiar with and agrees with its terms, and also, if the Buyer is an individual, gives permission to process his personal data for the purpose of fulfilling the terms of this Agreement, the possibility of making mutual settlements, as well as for receiving invoices, acts and other documents. Permission to process personal data is valid throughout the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection. The scope of the Buyer's rights as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.

2. Terms and definitions

2.1. "Internet store" - the Seller's website ("bngroup.com.ua"), created for concluding retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the Seller's proposed description of the Goods in photographs, using the Internet, which excludes the possibility of the Buyer's direct familiarization with the Goods - a remote means of selling the Goods.

2.2. "Goods" - a list of product names presented in the online store.

2.3. "Personal data" - any information that directly or indirectly relates to a specific person or to an identifiable person.

2.4. "Material defect of the Goods" - a defect that makes it impossible or unacceptable to use the goods in accordance with their intended purpose, arose due to the fault of the manufacturer (Seller), after its elimination appears again for reasons independent of the consumer and is endowed with at least one of the following features:

a) it cannot be eliminated at all;

b) its elimination requires more than fourteen calendar days;

c) it makes the goods significantly different from those provided for in the contract.

3. Subject of the contract

3.1. The online store undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this contract.

3.2. This contract regulates the purchase and sale in the online store, including:

a) voluntary selection by the Buyer of goods in the online store by category;

b) independent registration by the Buyer of an order on the website of the online store;

c) payment by the Buyer of the order placed in the online store;

d) execution and transfer of the order to the Buyer in ownership under the terms of this Agreement.

4. Ordering Procedure

4.1. The Buyer independently places an order online in the online store or by telephone using the contacts specified in the online store.

5. Cost and payment procedure for the goods

5.1. The full cost of the goods is indicated on the pages of the Seller's online store.

5.2. Prices for the Goods and services may change depending on the market situation, which is reflected in the prices in the online store. The Seller cannot change the price for a specific Buyer if he has already accepted the Seller's terms and conditions and made payment for the Goods (services) in the manner established by this Agreement.

5.3. The Buyer pays for the order within 2 business days (in the amount of 100% of the prepayment) by bank transfer to the Seller's current account specified in the invoice, including via Internet banking.

6. Order delivery

6.1. The goods are shipped to the Buyer after the Buyer has received 100% of the payment on the invoice.

6.2. Delivery and return of the goods are carried out by the Seller or a transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 10 days.

6.3. The cost of delivery in the online store is not indicated, as it depends on the current tariffs of the transport company (carrier).

6.4. When ordering wholesale lots, the terms and methods of delivery are agreed separately in each specific case.

6.5. The Seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).

6.6. Payment for the delivery cost is made by the Buyer to the carrier company independently, upon receipt of the goods. The exact cost of delivery is determined by the carrier company.

7. Return of goods of proper quality

7.1. The Buyer has the right to exchange the Goods of proper quality for a similar one from the Seller from whom it was purchased, if the Goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose under the following conditions:

A) the Goods for exchange were provided to the Seller for no more than fourteen days, not counting the day of purchase;

B) the Goods may be replaced if they have never been in operation, do not contain traces of use and if their presentation, consumer properties, seals, labels, films are preserved, the integrity of the packaging of both the Goods themselves and its components is not violated;

C) the Goods do not contain scratches, chips, abrasions, are fully functional;

D) the completeness of the sold Goods is preserved;

E) the goods may be replaced upon presentation by the Buyer of a payment document issued to the Buyer together with the sold Goods.

7.1.1. The requirements of clause 7.1. do not apply to goods which, in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights”, are included in the List of Goods of Proper Quality that are Not Subject to Exchange (Return)

7.2. If the Goods do not meet the conditions specified in clauses A) – E) clause 7.1., the Seller has the right to refuse to exchange the Goods.

7.3. The transport costs for the delivery of the Goods in the event of an exchange under clause 7.1. are borne by the Buyer.

7.4. When exchanging the Goods, its warranty period is recalculated from the date of exchange.

7.5. If at the time of exchange a similar product is not available for sale, the Buyer has the right to either purchase any other products from the available assortment with an appropriate transfer of cost, or terminate the contract and receive a refund in the amount of the cost of the returned product, or exchange the product for a similar one when the corresponding product first becomes available for sale.

8. Rights and obligations of the parties

8.1. The Buyer is obliged to:

a) familiarize himself with the information about the Product, which is posted on the Seller's website;

b) independently place an order on the website;

c) timely pay for and receive the order from the Carrier under the terms of this agreement;

d) upon receipt of the product from the carrier, make sure of its integrity and completeness by inspecting the contents of the package. In case of damage or incompleteness, record them in a report, which must be signed by the carrier's employee together with the Buyer.

8.2. The Buyer has the right to demand that the online store comply with the terms of this agreement.

8.3. The online store is obliged to:

a) comply with the terms of this Agreement;

b) transfer the goods to the Buyer in accordance with the selected sample posted in the online store, the placed order and the terms of this Agreement;

c) the online store is not liable, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties.

8.4. The online store has the right:

a) unilaterally suspend the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.

9. Procedure for receiving goods by the Buyer

9.1. Upon receipt of the Goods at the carrier's warehouse, from the courier or the Seller, the Buyer is obliged to check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its completeness.

9.2. In the event of at least one of the defects listed in clause 9.1. of the Agreement, the Buyer is obliged to record it in a drawn up act of any form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to notify the manager (the Seller's representative responsible for placing an order for the Goods) of the identified defects and agree on a replacement of the Goods.

9.3. The Parties agreed that in case of non-compliance 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.

9.4. In the event of detection during the established warranty period (expiration date) of significant defects that arose due to the fault of the manufacturer of the goods (Seller), or falsification of the Goods, confirmed by an expert opinion, the Buyer, in accordance with the procedure and within the terms established by the warranty obligations of the manufacturer of the Goods, taking into account the terms of the Offer Agreement, has the right to demand from the Seller at his own discretion:

9.4.1. termination of the agreement and return of the amount paid for the Goods;

9.4.2. replacement of the Goods with the same Goods or with a similar one from among those available to the Seller.

9.5. In this case, if the Seller confirms the significant defects of the Goods and if the Buyer expresses his will, the paid funds shall be returned to the latter to the details specified by him within 7 (seven) calendar days from the return of the Goods.

9.6. In cases of replacement of poor-quality Goods, payment for the carrier's services shall be made at the expense of the Seller.

9.7. In any case, the return of the Goods must be in the original packaging in which the Goods were received, while preserving the product appearance and consumer qualities of the goods.

9.8. All issues not regulated in this Offer Agreement related to the procedure, conditions of warranty repair or replacement of the Goods in the event of defects being detected during the warranty (expiration) period shall be regulated in accordance with the warranty obligations specified by the manufacturer of the relevant Goods, and in the event that the manufacturer does not establish such warranty obligations - in accordance with the current legislation of Ukraine.

10. Liability of the Parties

10.1. 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.

10.2. In the event of force majeure, the Parties are exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure means events of an extraordinary, unavoidable, unforeseeable nature that exclude or objectively prevent the fulfillment of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.

10.3. The Party that refers to the force majeure must notify the other Party in writing by e-mail within five calendar days of the occurrence of such circumstances.

10.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement lasts for more than five months, each Party has the right to terminate this Agreement unilaterally by notifying the other Party in writing.

10.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.

11. Other conditions

11.1. The Online Store reserves the right to unilaterally amend this Agreement with its prior publication on the website "bngroup.com.ua"

11.2. The Online Store was created to organize a remote method of selling goods via the Internet.

11.3. The Online Store is not responsible for the content and veracity of the information provided by the Buyer when placing an order.

11.4. The Buyer is responsible for the accuracy of the information specified when placing an order.

11.5. Payment by the Buyer for an order placed in the Online Store means the Buyer's full agreement with the terms of the Purchase and Sale Agreement (public offer of the Online Store) and is the date of conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.

11.6. Use of the Online Store resource for viewing goods, as well as for placing an order is free of charge for the Buyer.

11.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purposes of operating the Online Store (sending notifications to the Buyer about the order fulfillment, sending advertising messages, etc.).

11.8. By accepting the Agreement or registering on the website "bngroup.com.ua" (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his personal data in the Seller's registered database "Counterparties" for the following purpose: the data that becomes known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or any other information about the store's activities. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the telephone number specified in the form.

11.9. The Buyer grants the Seller the right to process his personal data, including: to place personal data in the Buyer's databases (without additional notification of the Participant about this), to carry out lifelong storage of data, their accumulation, updating, modification (as necessary). The Buyer undertakes to ensure data protection from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as at the mandatory request of the competent state authority).

11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

12. Term of this Agreement

12.1. This agreement comes into force from the date of placing an order or registering in the online store "bngroup.com.ua" and is valid until all terms of the agreement are fulfilled.