Offer contract
Date of last revision: "28" August 2023.
Individual entrepreneur Kostyantyn Viktorovych Kuchma, registration number of the taxpayer's registration card 2933113776 (hereinafter - the Seller), who acts on the basis of state registration as an individual entrepreneur, number and date of entry in the Unified State Register of Legal Entities, Individuals- of entrepreneurs and public organizations dated February 16, 2001, No. 24800170000121829, publishes this Agreement of Accession (hereinafter referred to as the Agreement), which defines the procedure for buying and selling goods in the "Advanta Tool Factory" online store.
This Agreement is an accession agreement for natural persons who have reached the age of 18, natural persons-entrepreneurs, legal entities who have used the possibilities of the "Advanta Tool Factory" online store and have agreed to the terms of this Agreement, the Privacy Policy (hereinafter - the Buyer ).
The Seller offers to enter into this Agreement to any prospective Buyer by accepting the following terms and conditions thereof, which are set forth herein in standard form, are accepted in their entirety and may not be modified.
If a person disagrees with any of the terms of this Agreement, the Privacy Policy, the user must stop using the "Advanta Tool Factory" online store.
1. Terms and definitions
1.1. For the purposes of this Agreement, the following terms are used in the following meanings:
1.1.1. The "Advanta Tool Factory" online store is the Seller's website, located on the Internet at the address https://svp.advanta.ua/ .
1.1.2. The product is the object of the agreement of the Parties, which was chosen by the Buyer in the "Advanta tool factory" online store.
1.1.3. Order - a document created on the Seller's website, by which the Buyer confirms that he is familiar with the contents of this Agreement, the available goods and their prices, posted at https://svp.advanta.ua/, payment methods posted at https://svp.advanta.ua/payments-and-deliveries , by order of delivery placed at the address https://svp.advanta.ua/payments-and-deliveries, by returning the goods placed at the address https://svp.advanta.ua/return and agrees to the terms of this Agreement, the Privacy Policy, which is located at https://svp.advanta.ua/privacy-policy.
In the Order, the following are indicated: the name, surname of the Buyer, the Buyer's phone number, the Buyer's e-mail address (email), the selected Product, the method of payment, the method of delivery (including the delivery address of the Order), a comment on the Order (at the request of the Buyer ).
1.1.4. Personal account - a section of the "Advanta tool factory" online store, which contains the Buyer's personal data (name, email, address, phone) and through which the Buyer gets access to the Order history.
1.1.5. Internet services – e-mail, mailing lists, online store "Advanta tool factory" and all its internal means of communication (including internal mail, etc.).
1.2. In this Agreement, terminology and concepts are understood in the meaning established by this Agreement. Terminology and concepts that are not defined in this Agreement are understood in the meaning established by the current legislation of Ukraine at the time of the conclusion of the Agreement.
2. Offer (public offer)
2.1. The text of the Agreement set out below is addressed to natural persons who temporarily or permanently reside in the territory of Ukraine, natural persons-entrepreneurs, legal entities registered in accordance with the legislation of Ukraine and located in the territory of Ukraine and is an official public offer, in accordance with Art. 641 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine). The subject of entrepreneurial activity of the FOP Kuchma Kostyantyn Viktorovych concludes the Agreement for the purchase and sale of goods placed in the "Advanta Tool Factory" online store on the terms specified in the Agreement.
2.2. In accordance with the terms of Art. 642 of the Civil Code of Ukraine, this Agreement is considered concluded and becomes effective from the moment the Buyer performs the actions provided for in clause 4.3. of the Agreement, which mean the complete and unconditional acceptance by the Buyer of all the terms of the Agreement without any exceptions and/or limitations.
2.3. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement in accordance with its terms. The current version of this Agreement is permanently posted on the "Advanta Tool Factory" online store and is provided to the Buyer for perusal until he accepts the terms of the Agreement.
3. SubjectAgreement
3.1. Under the conditions specified in this Agreement, the Seller undertakes to transfer ownership of the Goods to the Buyer, in accordance with the Buyer's Order, and the Buyer undertakes to accept and pay for the Goods.
4. Contract conclusion procedure. Order processing procedure. Term of validity of the Agreement
4.1. The contract is concluded between the Seller and the Buyer in the form of an accession contract (Article 634 of the Civil Code of Ukraine).
4.2. Acceptance of the terms of the Agreement is the performance by the Buyer of the actions specified in Clause 4.3. of the Agreement certifying the desire to conclude the Agreement in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine.
4.3. To purchase the Product, the Buyer: fills out the Order form, including the data specified in clause 1.1.3. of this Agreement; in the Order form, tick the box "I have read and agree to the terms of the Membership Agreement, Privacy Policy"; clicks the "Make an order" button.
4.4. After completing the Order, the Buyer receives a confirmation letter from the Seller indicating the Order number to the e-mail address specified by him when placing the Order. The confirmation letter indicates the Product, quantity, price, total cost, method of payment, method of delivery of the Product.
4.5. The Seller's manager calls the Buyer within 24 hours (excluding weekends and holidays) from the moment of placing the Order on the phone number specified by the Buyer when placing the Order to clarify the Order. If the Buyer places an Order on weekends or holidays, the Seller's manager calls the Buyer to clarify the Order on the next working day.
4.5.1. In the event that in the comments to the Order, the Buyer indicated that there is no need to call him to clarify the Order, the Seller's manager, in the presence of all items of the Goods selected by the Buyer and all data for the delivery of the Goods, does not call the Buyer and confirms the Order in accordance with clause 4.7. Agreement.
4.6. In case of absence of the Goods or the required quantity of the Goods, the manager informs the Buyer about this.
The Buyer has the right, at his own choice, to exclude from the Order the Goods, the required quantity of which is not available from the Seller OR to replace the missing Goods/Goods, the required quantity of which is not available OR to cancel the Order.
4.7. After the Seller's manager has clarified the Order with the Buyer (or after the Manager has processed the Order without calling the Buyer in accordance with Clause 4.5.1. of the Agreement), the Buyer receives a notification from the Seller about the processing of the Order specifying the Goods at the e-mail address specified by him when placing the Order. quantity, price of each item, total cost of the Goods, payment method, delivery method.
4.8. The sending of the confirmation letter by the Seller to the Buyer is proof of the fact that the Buyer has accepted the terms of the Agreement in full.
4.9. The contract is considered concluded and enters into force from the moment of acceptance, which is determined by the date of execution of the actions specified in clause 4.3. of the Agreement and is valid until the moment of fulfillment of obligations by the Parties, except for cases of its termination on the grounds determined by the terms of the Agreement and/or the norms of the current legislation of Ukraine.
5. Product price and payment procedure. The procedure for returning paid funds
5.1. The price of the Product is indicated on the page of the corresponding Product in the "Advanta tool factory" online store.
5.2. The Seller has the right to unilaterally change the price of the Goods without notifying the Buyer, except when the Goods have been paid for by the Buyer and/or after the Seller's manager has processed the Order.
5.2.1. The Buyer agrees that the assortment, quantity, and price of the Goods placed by him in the "Order Basket" will be relevant only at the time of formation of the "Order Basket" and may change if the purchase of the Goods has not been completed in accordance with clause 4.3. Agreement.
5.3. Payment of the cost of the Goods is made in the national currency of Ukraine - hryvnia in cash or non-cash form using one of the payment methods specified in the "Payment methods" section of the "Advanta instrument factory" online store https://svp.advanta.ua/payment:
5.3.1. payment by Visa / Mastercard bank card when placing an Order using the payment service chosen by the Seller;
5.3.2. payment by bank details. Payment is made in the form of 100% (one hundred percent) advance payment to the Seller's bank details. Bank details are provided to the Buyer in the order specified in the "Payment methods" section of the "Advanta instrument factory" online store located at https://svp.advanta.ua/dostavka-i-oplata -ua;
5.3.3. payment upon receipt of the Order:
5.3.3.1. in a retail store - when choosing the delivery method "Pick-up from our store in Kharkiv" at the time of receiving the Order at the Seller's store;
5.3.3.2. courier - when choosing the delivery method "New mail (courier)"at the time of receiving the Order from the courier.
5.4. In the case of the Buyer's refusal to pay the amount already paid when placing the Order (in full or in part), return the Goods in accordance with clause 6.8. of the Agreement, the Buyer's refusal to replace the defective Goods, the Seller refunds the money to the Customer.
5.4.1. For a refund, the Buyer must call the Seller at the phone number indicated in the "Returns" section of the "Advanta Tool Factory" online store located at https://svp.advanta.ua/povernennia and inform that he wishes to return the Goods.
The Manager sends the Buyer a refund form to the e-mail address specified by the Buyer when placing the Order.
The Buyer must print and fill out the received application form, add to it confirmation of payment of funds for the Goods and send it to the Seller at the address specified in the form provided by the Seller's manager.
The Seller, within five calendar days from the date of receipt of the refund application from the Buyer, returns the funds for the Goods in the manner chosen by the Buyer.
6. Procedure of receiving and handing over the Goods. The procedure for returning the Goods
6.1. Delivery of the Goods ordered by the Buyer is carried out by the method and address chosen by the Buyer when placing the Order.
6.2. The delivery of the Goods is carried out in accordance with the conditions specified in the section of the "Advanta instrument factory" online store "Delivery payment", located at the link https://svp.advanta.ua/payments-and-deliveries .
6.3. Together with the ordered Goods, the Seller provides the Buyer with documents in accordance with the current legislation of Ukraine.
6.4. If the Buyer chooses the method of delivery of the Goods "Delivery to the branch by Nova Poshta", "UKRPOSHTA (branch) 2-4 days", "Nova Poshta (courier)", the delivery of the Goods is carried out at the expense of the Buyer in accordance with the tariffs of the carrier company.
6.5. The quality of the Goods must comply with all sanitary, hygienic, technical and other norms, standards and rules established for the Goods of this type.
6.6. The Buyer is obliged to check in the presence of an employee of the carrier company, a courier or an employee of the Seller (depending on the chosen method of delivery of the Order) when receiving the Goods, its quantity, assortment and the presence of external damage.
6.6.1. In the case of non-compliance of the quantity and assortment specified in the delivery invoice, the presence of external damage to the Goods, the Buyer shall notify the Seller of this on the day of acceptance of the Goods.
6.6.1.1. In the case of detection of a large number of Goods or items that the Buyer did not order, damaged Goods, the Buyer returns such Goods to the Seller. In this case, the Goods are delivered at the Seller's expense.
6.6.1.2. In case of detection of a smaller quantity of the Goods, lack of certain items of the Goods ordered by the Buyer, the Seller shall deliver or replace the damaged Goods at his own expense within 14 (fourteen) working days from the date of receipt of the claim from the Buyer.
6.6.2. The Seller, without applying any sanctions to him, has the right not to consider the Buyer's claims regarding the quantity, assortment, presence of external damage to the Goods sent to the Seller after the day of acceptance of the Goods by the Buyer.
6.7. The Buyer has the right to submit a claim to the Seller regarding the quality of the Goods within two working days from the day of receipt of the Goods. The claim is made in writing and sent to the Seller at the e-mail address capsplast@gmail.com, together with photos of the poor-quality Goods.
6.7.1. Based on the result of the review of the claim, the Seller, at the option of the Buyer, either replaces the poor-quality Product with a high-quality one, or returns the money for the poor-quality Product to the Buyer, or refuses to satisfy the Buyer's claim.
6.8. The buyer has the right to exchange or return the Goods of proper quality within 14 (fourteen) days from the moment of purchase, not including the day of purchase, in accordance with the Law of Ukraine "On the Protection of Consumer Rights", if the following conditions are met:
- The product has not been used and has no signs of use (scratches, chips, abrasions, traces of dissection, no traces of liquid getting into the product or on the packaging, documentation);
- Product appearance is preserved - that is, all labels, stickers and other accessories of the product remain unchanged, the product is fully assembled, packed;
- All documents for the Product are present (instructions, receipt or sales receipt confirming the purchase), all labels, factory markings and packaging are preserved.
The list of goods that are not subject to return and exchange is determined by a resolution of the Cabinet of Ministers of Ukraine.
6.9. Delivery of goods of inadequate quality for exchange or return and delivery of high-quality goods is carried out at the expense of the Sellerthis one.
Delivery of Goods of appropriate quality for exchange or return of Goods in accordance with Clause 6.8. of the Agreement, is carried out at the expense of the Buyer.
6.10. The Seller is not responsible for the defects of the Goods, which arose after the transfer of the Goods to the Buyer in connection with the Buyer's violation of the rules for the use and storage of the Goods, actions of third parties or force majeure circumstances.
7. Rights and obligations of the Parties
7.1. The buyer has the right to:
7.1.1. Get information about the Product from the Seller.
7.1.2. Post questions, comments and reviews about the Product on the page of the relevant Product.
7.1.3. Get access to your Personal account at any time.
7.1.4. Receive the ordered Goods by the chosen delivery method within the terms agreed with the Seller.
7.1.5. In case of refusal of the already paid when placing the Order (in full or in part), return of the Goods in accordance with clause 6.8. of the Agreement, refusal to replace the low-quality Goods, demand a refund for the paid Goods in accordance with the terms of this Agreement and the current legislation of Ukraine.
7.1.6. Terminate this Agreement unilaterally, subject to prior written notification of the Seller one business day before the scheduled date of termination of the Agreement.
7.2. The buyer is obliged to:
7.2.1. Make payment and receive the Goods in accordance with the terms of this Agreement.
7.2.2. Do not give access to your Personal account to any third parties.
7.2.3. In case of detection of unauthorized access to the Personal account, inform the Seller about this within 1 (one) working day from the moment of detection of unauthorized access.
7.2.4. Do not post on the "Advanta tool factory" online store information and materials that:
7.2.4.1. violate the intellectual property rights of third parties;
7.2.4.2. contradict the provisions of the current legislation of Ukraine and international norms (in particular, but not exclusively: information and materials of an erotic and/or pornographic and/or discriminatory and/or fraudulent nature, which contain calls to commit crimes and/or other illegal actions);
7.2.4.3. may harm the Seller's business reputation;
7.2.4.4. contain offers for the sale of goods and/or services.
7.2.5. In case of changes to personal data, update the changed data in the Personal account.
7.2.6. Before concluding the Agreement, familiarize yourself with the terms of the Agreement, the available Products and their prices posted at the address https://svp.advanta.ua, by means of payment posted at https://svp.advanta.ua/payment , by delivery order posted at ;https://svp.advanta.ua/payments-and-deliveries, by returning the goods placed at https://svp.advanta.ua/return.
7.3. The seller has the right to:
7.3.1. Change the list of Goods, their price, assortment in the "Advanta Tool Factory" online store without notifying the Buyer. All changes come into effect from the moment they are posted in the "Advanta tool factory" online store. At the same time, the Seller does not have the right to change the list of Goods, their price, assortment in the processed Order.
7.3.2. Place any advertisement in the "Advanta Tool Factory" online store without the Buyer's notice.
7.3.3. In case of violation by the Buyer of clauses 7.2.3., 7.2.4. of the Agreement, by notifying the Buyer in writing by sending a message to the Buyer's e-mail address specified in the Personal Account, suspend the Buyer's access to the Personal Account and/or delete the Personal Account.
7.3.4. Terminate this Agreement if the Buyer fails to fulfill the terms of the Agreement by notifying the Buyer in writing one business day before the scheduled date of termination of the Agreement.
7.3.5. Make unilateral changes to this Agreement by publishing them in the "Advanta tool factory" online store.
7.3.6. Conduct Promotions at any time with or without notice to the Buyer.
7.4. The seller is obliged to:
7.4.1. Hand over the Goods to the Buyer in accordance with the terms of this Agreement.
7.4.2. Provide the Buyer with information about the Goods in accordance with the requirements of the law.
7.4.3. In the case of the Buyer's refusal to pay the amount already paid when placing the Order (in full or in part), return the Goods in accordance with clause 6.8. of the Agreement, the Buyer's refusal to replace the poor-quality Goods, to return the money paid for the Goods to the Buyer in accordance with the terms of this Agreement.
8. Intellectual property rights
8.1. Intellectual property rights to the online store "factory"Advanta tool factory" belong to the Seller (in particular, software, design, logos, images, graphics and other elements of the "Advanta tool factory" online store). The intellectual property rights to the photographs of the Goods posted by the Buyer belong to the Buyer.
8.2. The use of any elements of the "Advanta tool factory" online store and any materials posted in the "Advanta tool factory" online store is possible only after obtaining the written permission of the right holder, except in cases established by law.
8.3. In the event of claims regarding the violation of intellectual property rights for materials posted in the online store "Advanta tool factory", contact the email address capsplast@gmail.com.
9. Responsibilities of the parties. Dispute resolution
9.1. The seller does not bear any responsibility for:
9.1.1. errors and interruptions of the online store "advanta tool factory";
9.1.2. functionality of the Buyer's software;
9.1.3. lack of access, poor quality and long response time of individual nodes or resources of the global Internet network, which are administered by third parties;
9.1.4. content and quality of information transmitted by the Buyer via the Internet;
9.1.6. direct or indirect damage, including lost profits, that may arise in connection with the "Advanta tool factory" online store, its use or impossibility of use;
9.1.7. statements and opinions of Buyers of the "Advanta tool factory" online store in the form of comments or reviews;
9.1.8. for any errors, typos, inaccuracies that may be found in the materials posted in the "Advanta Tool Factory" online store. All information and materials are provided on an "as is" basis, without any warranties of the Seller;
9.1.9. actions of banks, payment systems, transfer systems and delays related to their work;
9.1.10. for a slight discrepancy in the color range of the Product, which may differ from the original Product due to different color transmission of computer monitors, mobile devices;
9.1.11. for delays and interruptions in the delivery of the Goods, which occur for reasons beyond the control of the Seller;
9.1.12. for the Buyer's transfer of his network identifiers (login, password, IP, MAC address) to third parties;
9.2. The buyer is solely responsible for:
9.2.1. violation of the current legislation of Ukraine when using the "Advanta tool factory" online store;
9.2.2. the content, reliability and legality of the information disseminated by him;
9.2.3. keeping your personal data up-to-date. The Seller is not responsible for poor performance or non-fulfillment of his duties due to the out-of-date information about the Buyer or its inconsistency.
9.3. The Buyer is obliged to compensate the Seller for any losses and expenses in connection with the Buyer's non-performance/improper performance of its obligations under this Agreement, incurred by the Seller as a result of consideration of applications, claims of third parties (in particular, in cases of infringement of intellectual property rights property, which directly or indirectly relate to the materials posted by the Buyer).
9.4. Damages caused to the Buyer by non-performance or improper performance of this Agreement shall be compensated by the Seller only in the event of his fault and in an amount that should not exceed the value of the Goods purchased by the Buyer under this Agreement.
9.5. In other cases of non-fulfilment or improper fulfillment of their obligations under the Agreement, the Parties are responsible in accordance with the legislation of Ukraine.
9.6. The Party is exempted from the responsibility defined by this Agreement and (or) the legislation in force in Ukraine for a full or partial violation of the Agreement, if it proves that such violation occurred as a result of force majeure circumstances defined in the current legislation of Ukraine.
9.7. All disputes and disagreements that have arisen or may arise in connection with this Agreement shall be resolved through negotiations. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the current legislation of Ukraine.
10. Privacy, protection of personal data
10.1. By providing personal data in the "Advanta tool factory" online store when placing an Order or registering in the "Advanta tool factory" online store, the Buyer gives his consent to the collection, processing, storage, use of his personal data in accordance with the Law of Ukraine "On protection of personal data" and the terms of this Agreement without limiting the term of validity of such consent.
10.2. The information provided by the Buyer is confidential.
The Seller uses information about the Buyer, his translationsonal data exclusively for the purpose of processing the Buyer's Orders, sending messages to the Buyer, delivering the Goods, making payments under this Agreement, sending advertising messages, special offers, information about promotions and for other commercial purposes.
10.3. The Seller has the right to send letters, messages and materials to the Buyer's e-mail address, sms-messages, make calls to the telephone number specified by the Buyer, if it is necessary to fulfill the Buyer's Order.
10.4. If the Buyer does not wish to receive newsletters about promotions, new Goods, etc., the Buyer has the right to refuse it by notifying the Seller in writing.
10.5. The Seller is obliged not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties, in order to ensure the implementation of sales relations, relations in the field of consumer rights protection in the field of advertising and marketing research, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
10.6. The Buyer gives his consent to the transfer of his data to transport forwarding and courier organizations, banks and / or financial institutions and other third parties (without limitation) at the discretion of the Seller.
11. Termination of the Agreement. Other provisions
11.1. The contract may be terminated by mutual consent of the Parties before the actual delivery of the Goods to the Buyer. In the event that the Buyer has paid the funds when placing the Order, the Seller shall return the funds to the Buyer in accordance with Clause 5.4. Agreement.
11.2. The Agreement is considered terminated from the date specified in the notice of the Party that initiated the termination of the Agreement.
11.3. In the part not regulated by this Agreement, the Parties are governed by the norms established by the current legislation of Ukraine.
11.4. The buyer gives his consent to the collection, processing, storage, use of his personal data in accordance with the Privacy Policy.
Seller
INDIVIDUAL ENTREPRENEUR KUCHMA KOSTYANTYN VIKTOROVYCH
61093, Kharkiv, ave. Ryleeva, building 20, sq. 6
RNOKPP 2933113776
y/y UA543052990000026001025904503 in PJSC "PRIVATBANK" bank;
y/y UA293808050000000026006547015, in the bank JSC "RAIFFEISEN BANK AVAL"
tel.: +38 (050) 400-67-15,
Not a general income tax payer