This agreement is an official and public offer of the Seller to enter into a contract for the sale of the Goods presented on the website https://libriland.com/ (hereinafter referred to as the "Site"). This agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur). By entering into this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for a bad faith order and all other terms of the Agreement. The Agreement shall be deemed concluded from the moment the Buyer clicks the "Confirm Order"âĸ button and receives an order or order confirmation from the Seller in electronic form.
1. Subject of the Agreement
1.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
1.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of filling in the order form by the Buyer located on the Website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form.
2. Placement of the Order
2.1. The Buyer independently places an order in the Online Store through the "Confirm Order"âĸ form.
2.2. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality services to the Buyer when purchasing goods in the online store.
2.3. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data by the Buyer in the registration form on the website of the online store.
2.4. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3. Price and Delivery of the Goods
3.1 Prices for Goods and services are determined by the Seller independently and are indicated on the Website of the Online Store. The prices for the Goods and Services are indicated on the Website in UAH and USD, including taxes and fees.
3.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
3.3 The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
3.4. The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment the Seller receives funds to its account.
3.5. Upon receipt of the goods, the Buyer shall, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics.
3.6. Upon acceptance of the Goods, the Buyer or his/her representative shall confirm with his/her signature in the sales receipt/ or in the order/ or in the consignment note for the delivery of goods that he/she has no claims to the quantity of goods, appearance and completeness of the goods.
3.7. The ownership and the risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the place of delivery of the Goods upon independent delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
4. Rights and obligations of the Parties
4.1 The seller is obliged to:
4.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
4.1.2. Not to disclose any confidential information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
4.2. The Seller has the right to:
4.2.1 To change the terms of this Agreement, as well as the prices for the Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of their publication.
4.3 The Buyer undertakes:
4.3.1 Prior to the conclusion of the Agreement, read the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
4.3.2 In order for the Seller to fulfil its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify it as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.
5. Return of the Goods
5.1. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. Good quality goods shall be returned if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
5.2. The cost of the Goods of good quality shall be refunded to the Buyer within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 6.1. of the Agreement, the current legislation of Ukraine.
5.3. The cost of the goods shall be refunded by bank transfer to the Buyer's account.
5.4. The return of the Goods of good quality to the Seller's address shall be carried out at the expense of the Buyer and the Seller shall not be reimbursed to the Buyer.
5.5. In case of detection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller provided for by the Law of Ukraine "On Consumer Protection"âĸ. In case of claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
5.6. Consideration of the requirements provided for by the Law of Ukraine "On Consumer Protection"âĸ shall be carried out by the Seller, provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
5.7. The Buyer shall not be entitled to refuse goods of good quality with individually determined properties if the said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, equipment, etc.) Confirmation of the fact that the product has individually defined properties is the difference in the size of the product and other characteristics specified in the online store.
5.8. In cases provided for by law and this Agreement, the goods shall be returned to the address indicated on the website in the "Contacts"âĸ section.
6. Responsibility
6.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.
6.2. The Seller shall not be liable for improper, untimely fulfilment of the Orders and its obligations in case the Buyer provides false or misleading information.
6.3. The Seller and the Buyer shall be responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
6.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfil their obligations if the failure is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that is unable to fulfil its obligations shall immediately notify the other Party thereof.
7. Confidentiality and protection of personal data
7.1. By providing his personal data on the Website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection"âĸ, without limiting the validity of such consent.
7.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.
7.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
8. Other conditions
8.1 This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
8.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities in accordance with the current legislation of Ukraine.
8.3. The Seller shall have the right to amend this Agreement unilaterally. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
8.4. All information materials presented on the website are for reference only and cannot fully convey information about the properties and characteristics of the goods, including colour, size and shape, etc. If the Buyer has any questions regarding the properties, characteristics of the goods and other things, the Buyer has the opportunity, before placing an order, to contact the Seller by e-mail indicated on the site to find out complete information about the Goods.
Oleksandr Pavlovych Kodman, sole proprietor
Identification code 3208417175
UA373052990000026001015024125 JSC CB PrivatBank
e-mail Juvman.ua@gmail.com
(Ukraine) Kyiv, 34/51 Ronald Reagan St., office 287.