DEFINITION OF TERMS
Website - http://chocoboom.com.ua/ - a platform for placing Offers of sale of the Product by the Seller.
Product - are goods, which Seller has posted information about on the Site.
Offer - information posted by the Seller on the Site about a specific Product that may be purchased by the Site Users. The offer includes information about the product, information about its price, methods of payment and delivery, as well as other conditions of purchase of the Product. The terms of the Offer are determined by the Seller and may change until the order is confirmed. The offer is not an offer of the Seller, but only information about the possible conditions for the purchase of the Product by the User.
Order - the offer of the User is directed to the Seller through the Site with the request to sell the Product.
User - an individual who views information on the Site and/or processes an Order.
Seller - private entrepreneur Nazar Uliana - a legal entity that places on the Site Offers for sale of the Product.
The buyer - the individual who received the order confirmation from the Seller.
Recipient - Buyer or other individual authorized to receive the Product.
Parties - Seller and User and/or Buyer.
1. GENERAL PROVISIONS
1.2. The User is obliged to read this Agreement in full by the time of registration on the Site and/or execution of the Order. Registration of the User on the Site and/or execution of the Order means full and unconditional acceptance by the User of the terms of this Agreement. If the User does not agree to the terms of this Agreement, the User is obliged to discontinue using the Site.
1.3. Seller is not responsible for any errors and inaccuracies, including technical and typographical errors that may be found in the Offers, as well as in other materials and information contained on the Site. The Seller makes every effort to ensure the accuracy and certainty of the Offers, materials, and information on the Site.
1.4. The user has the right to view and download information from the Site only for personal non-commercial use, provided the link to the Site. Any use of information from the Site for public and/or commercial purposes on other sites and/or computer networks without the consent of the Seller is prohibited.
1.5. In order to improve the operation of the Site, Users and Buyers may contact the Seller with any questions, claims, wishes and any other information regarding the Site and/or Offers placed on the Site.
1.6. The User Agreement enters into force upon its posting on the Site and remains in effect until abolition by Seller. This Agreement may be modified and/or supplemented by the Seller unilaterally without any notice to the User and/or Buyer. This Agreement is an open and publicly available document.
2.1. The Buyer orders the Product through the Site. After reading the Offer, the User has the right to make the Order by filling in the appropriate form established by the Seller. Filling in the Order Form shall be considered as an offer by the User to the Seller for the purchase of the relevant Product by the User under the conditions specified in the Offer. The User's order is considered by the Seller within 3 (three) working days.
2.2. Upon confirmation by the Seller of an Order of the User, such Order is deemed accepted by the Seller and shall be enforceable.
2.3. The Seller has the right not to confirm the User's Order in the absence of the possibility of selling to the User the relevant Product, also due to the lack of the relevant Product in the Seller's storage, changes of the Offers or for any other reasons.
2.4. The conditions specified in the Offer are prerequisites for the purchase of the Product.
2.5. The terms of the Offer may change until the Seller has confirmed the Order.
2.6. If the terms of the Offer change, such changes are set equal for all Users and are considered a new Offer.
2.7. When registering on the Site and completing the Order, the User is obliged to provide accurate and authentic information about himself and accurate and authentic contact information. The user is responsible for the accuracy of the information provided in the Order Form. If the inaccurate (incorrect) indication of the information in the Order has led to additional costs of the Seller in connection with the delivery of the Product to the wrong address or delivery of the wrong Product, all related losses and costs shall be borne by the Buyer and/or the Seller has the right to terminate the Agreement on the sale of the relevant Product.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The seller has the right to:
3.1.1. Receive from the User and/or Buyer the information necessary for the sale of the Product under this Agreement, including personal data;
3.1.2. Receive payment from the Buyer for the Product in the amount and in the order provided by this Agreement;
3.1.3. Change and modify the Terms and Conditions of this Agreement.
3.2. The seller is obliged to:
3.2.1. Comply with the terms of this Agreement;
3.2.2. Provide Users and Buyers with Product Information.
3.3. User and/or Buyer has the right to:
3.3.1. Place an order on the Site;
3.3.2. Obtain the necessary, accessible, authentic and timely information about the Product, which enables its conscious and competent choice;
3.3.3. Receive the Product of proper quality in accordance with the terms and conditions of this Agreement;
3.3.4. Require the Seller to comply with the terms of this Agreement.
3.4. The User and/or Buyer is obliged to:
3.4.1. Provide Seller with the information necessary to sell the Product under this Agreement, including personal data;
3.4.2. Make a timely payment for the Product in the amounts and in the order provided by this Agreement.
3.5. The Parties also have other rights and obligations set out in this Agreement and the legislation of Ukraine.
4. PRICE OF PRODUCTS. PAYMENT AND DELIVERY METHODS
4.1. The price for each item of the Product is indicated on the Site.
4.2. The Seller has the right to unilaterally change the price for any item of the Product.
4.3. Changes by Seller to the price of the Product paid by the Buyer are not allowed.
4.4. Methods of payment and delivery of the Product are indicated on the Site in the section "Payment and delivery".
4.5. The Buyer's obligations to pay for the Product are deemed to have been fulfilled from the moment of receipt of the Cash to the Seller.
5. PRODUCT INFORMATION. QUALITY OF PRODUCT. CONSUMER RIGHTS PROTECTION
5.1. The Seller shall ensure that each User and Buyer obtain the necessary, accessible, authentic and timely information about the Product by making them known the information about the Product placed on the Site or directly on the Product or packaging or in documents attached to the Product.
5.2. If necessary, the User and/or Buyer may contact the Seller for information about the Product through the means of communication provided on the Site.
5.3. The seller guarantees the quality of the Product posted on the Site.
5.4. The buyer has the right to return the Product of improper quality (damaged or defective), purchased on the Site. In case of damage detection to the Product upon receipt of the Product or if the Product were defective, the Buyer shall immediately notify the Seller directly upon receipt of the Product or the means of communication indicated on the Site.
5.5. Upon return by the Buyer of the Product of inadequate quality upon receipt of such Product and confirmation of their improper quality, the Seller returns to the Buyer the funds in the amount paid by the Buyer for the purchased Product.
5.6. The receipt of the Product by the Buyer or the Recipient confirms the absence of any damage to the Product, the availability of all necessary documentation and information about the Product and the Buyer/Recipient's awareness of all information and conditions stated in such documents.
5.7. The expiration date of the Product is indicated on the Site and/or on the packaging and/or accompanying documents attached to each item of the Product.
5.8. The Seller is not responsible if the Product has lost its consumer properties as a result of improper storage, transportation or other actions of the Buyer and/or third parties.
5.9. The seller guarantees compliance with the Law of Ukraine "On Consumer Protection".
6.1. Seller is obliged to respect and be responsible for the confidential information of any person who has become a User of this Site and/or purchased the Product on the Site.
6.2. The owner and manager of the personal data of the Site Users and the Customers is the private entrepreneur Nazar Uliana.
6.3. The Seller collects and processes only the personal data that the User voluntarily provides as a data subject in process of using the Site, which in accordance with the requirements of the legislation is the consent of the data subject to the processing of their personal data in accordance with this Agreement.
6.4. By placing an Order and/or specifying personal data in appropriate forms on the Site, the User agrees to the collection and processing of his personal data in accordance with the provisions of the Law of Ukraine "On Protection of Personal Data".
6.5. The Seller collects the minimum amount of personal data of User required solely to fulfill the Order. The user may not enter personal information in fields that are optional.
6.6. The seller collects both basic personal information, such as surname, name, patronymic, address, and email address, contact telephone number, and secondary (technical) data - cookies, system information, connection information, and others.
6.7. The User/Buyer agrees that the privacy of data transmitted over the Internet is not guaranteed if access to this data is obtained by third parties outside the scope of the Seller's regulation. The seller is not responsible for the loses caused by such access.
6.8. Seller processes the personal data of Users and Buyers for the purpose of fulfilling Orders and also processes any information collected through the Site for the purpose of improving the Site, its modifying, for marketing or research purposes, as well as for other purposes, which is not contrary to the current legislation of Ukraine.
6.9. The Site Administration maintains the personal data of Users and Buyers for the period required to process them.
6.10. By this Agreement, the User/Buyer consents to the inclusion of voluntarily provided personal data in the seller's personal database, and also agrees to the owner of the personal data database, all actions that are in accordance with the Law of Ukraine "On Protection of Personal Data" and other regulatory legal acts, is the collection and processing of personal data in card indexes and/or information and telecommunication systems in accordance with the above purpose.
7. FORCE MAJEURE
7.1. The Party is not responsible for the non-fulfillment of its obligations under this Agreement, if such non-compliance arises due to force majeure (actions of irresistible force, which do not depend on the will of the Parties), provided that these force majeure directly affect the non-fulfillment or improper fulfillment of obligations under this Agreement.
7.2. Force majeure circumstances are the following actions and/or events: earthquakes, floods, and other emergencies that are recognized as force majeure in accordance with the legislation of Ukraine.
7.3. If a Party delays or fails to fulfill its obligations due to force majeure, it must give the other Party, within 3 (three) calendar days from the occurrence of force majeure, written notice of such delay or failure, together with confirmation of the facts, which declare the occurrence of force majeure. Non-notification or untimely notice deprives the relevant Party of the right to refer to the above circumstances as a ground for discharge.
7.4. The occurrence and termination of force majeure circumstances shall be confirmed by a document issued by the Ukrainian Chamber of Commerce and Industry or another competent authority.