Offer agreement

CONTRACT-OFFER FOR THE PURCHASE OF GOODS IN THE ONLINE STORE

This Agreement is a public contract - an offer (proposal) of Expocentre with LIMITED LIABILITY COMPANY “VENETO GROUP” (hereinafter - “Seller”) to an individual (hereinafter - “Buyer”), including all the essential conditions of the organization of purchase and sale of goods by remote method, i.e. through the online store veneto.ua.

The terms of this Agreement regulate the relationship between the Seller and the Buyer and fall, among other things, under the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII of May 12, 1991, the Civil Code of Ukraine No. 435-ІУ1 of 16.01.2003, the Law of Ukraine “On e-commerce” No. 675-UІІ of 03.09.2015. In accordance with this Agreement, its terms and conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur) without giving an advantage to one Buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedure of order placement, payment, delivery and return of goods, liability for bad order and all other terms of the Agreement.

This Offer is an official document of LLC “VENETO GROUP”, which is published on the Seller's website veneto.ua, and has the necessary proper legal force.

1. Terms and definitions

1.1 Public offer (hereinafter referred to as “Offer”) - public offer of the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a contract of sale and purchase of goods by remote method (hereinafter referred to as “Contract”) on the terms and conditions contained in this Offer.

1.2. Internet store Veneto.ua (web page www.veneto.ua) - means for presentation or realization of the Seller's Goods by means of electronic transaction. 

1.3. Website (veneto.ua.) - a remote means of sale of goods, created for conclusion of purchase-sale agreements on the basis of familiarization of the Buyer with the description of the Goods, photos and its characteristics offered by the Seller, by means of the Internet, which excludes the possibility of direct familiarization of the Buyer with the Goods.

1.4 The Goods are the products offered for sale in the online store or already purchased by the Buyer from the Seller remotely.

1.5. Seller - PUBLIC JOINT STOCK COMPANY LIMITED LIABILITY COMPANY “VENETO GROUP”. Location: Cherkassy, 27, Yuriy Ilyenko str., USREOU 39457891.

1.6. Order - the result of reaching an agreement between the Buyer and the Seller regarding the models, quantity of the Goods, the total price payable under the Agreement, the method of payment for the Order by the Buyer, the period of production of the Goods, the method and period of delivery of the Goods.

1.7 Application for purchase of the Goods is a written (electronic) expression of the Buyer's intention to purchase the Goods by entering the Buyer's personal data and using a special menu “cart” on the Website. This Agreement shall be deemed concluded from the moment the Seller accepts the Buyer's Application for execution. 

1.8. Buyer - a natural person, a citizen of Ukraine, who has the necessary legal capacity to enter into this Agreement, who has visited the Site and intends to purchase the Goods.

2.    Subject of the Agreement

2.1 The Seller undertakes to transfer into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods in the manner and on the terms provided by this Agreement.

2.2 The fact of the Buyer's Application for the purchase of Goods is the fact of the Buyer's unconditional acceptance of this Offer and agreement with all the terms and conditions of this Agreement.

2.3 The date of conclusion of the Contract is the date of acceptance of the Buyer's Application for the purchase of Goods by the Seller, which is confirmed by sending the Buyer an invoice for payment for the Goods ordered by the Buyer.

2.4 The Buyer is obliged to familiarize himself with the terms and conditions of this Agreement, and the Seller is not obliged to inform the Buyer about the existence and conditions of this Agreement in any other way, except for its publication on the Website veneto.ua.

2.5 By submitting the Application the Buyer confirms that he/she is familiarized with the information about the Goods, which are sold under the conditions of this Contract, namely its shape, dimensions, appearance, design, color, size, quality, characteristics of the material from which the Goods are made, as well as with the information about its manufacturer, etc., understands such conditions of the Contract and characteristics of the Goods and their meaning.

3. Ordering procedure 

3.1 The Buyer, having chosen the Goods from the catalog on the Website of the Internet-shop Veneto.ua, independently executes the Application for the purchase of the Goods by entering his personal data and using the special menu “shopping cart” on the Website.

3.2 When filling in the Application for the purchase of Goods, the Buyer provides his personal information, namely:

• Surname, first name and middle name;
• E-mail address;
• Telephone number.

When placing an Order, the Buyer is personally responsible for the accuracy of the information provided. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer when placing the Order.  

3.3 If the Buyer has any questions regarding the Goods, their characteristics and / or properties, before placing the Order, the Buyer may contact the Seller to clarify this information by any available means. 

3.4 Upon receipt of the Application, the Seller, if necessary, agrees additional conditions of sale of the Goods in accordance with the information specified by the Buyer in its Application and sends the Buyer (electronically) an invoice for payment. 

3.5 If necessary, the Seller has the right to request the Buyer to provide additional information. If the Buyer fails to provide the requested information, the Seller shall not be liable for delivery of the Goods in violation of the terms and conditions of this Agreement or the requirements of applicable laws. 

3.6 In case of unavailability of the Goods ordered by the Buyer from the Seller or impossibility to manufacture them, the Seller shall have the right to exclude such Goods from the Order or cancel the Order by sending an e-mail to the Buyer to the e-mail address specified during registration or by informing the Buyer thereof by telephone.

4.     Price and payment procedure for the Order

4.1 The price for each Product is indicated on the site of the Internet-shop Veneto.ua.

4.2 The Seller has the right to unilaterally change the price for any Product. In case of change of the price for the Product already ordered by the Buyer, the Seller is obliged to inform the Buyer about such change. In such case, the Buyer shall have the right to confirm or cancel its Order for the Goods.

4.3 The Seller is not allowed to change the price of the Goods already paid by the Buyer.

4.4 The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment the Seller receives the full amount of money, including delivery and other additional costs, if any.

4.5 Settlements between the Seller and the Buyer for the Goods shall be made in the Ukrainian currency (UAH). The Buyer has the right to pay for the ordered Goods as follows:

• In cash upon receipt of the Goods at the place of delivery (if such method is agreed upon by the Parties when agreeing the Order);
• By Privatbank card via Privat24 website in online mode;
• By Visa or Master Card of any bank of Ukraine via LiqPay;
• Through terminals, or in the bank branch, noting the details provided by the manager.

4.6 The Buyer has the right to pay for the Goods in favor of the Seller when placing the Order, or upon its receipt (if the specified payment term is agreed upon by the Parties when agreeing the Order).

5. Term, cost and terms of delivery of the Goods (Order)

5.1 Delivery of the Order is carried out by the Seller or a transportation company in the quantity at the prices and within the terms agreed by the Parties.

5.2 The period of delivery of the Goods depends on the Parties' agreements (namely: the period of manufacture of the Goods, the Buyer's ability to be present at the place of delivery of the goods, etc.), however, the delivery period, in any case, cannot be less than 5 (five) working days from the date of manufacture of the Goods or fulfillment of the Order by the Buyer (if the Goods are in stock), unless otherwise notified by the Seller.

5.3 Title and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or its Representative from the moment of receipt of the Goods, which is confirmed by the Parties by signing the shipping document, or the Order for delivery of the Goods, or the Goods Acceptance Certificate, or other document confirming the fact of delivery of the Goods.

5.4 The Buyer undertakes to meet the Seller or a representative of the transportation company at the agreed time at the specified delivery address.  In the absence of the Buyer at the place of delivery of the Goods at the specified time, the second delivery is carried out, which is paid by the Buyer in accordance with the Seller's or the transportation company's tariffs. 

6. Seller's Duties:

Seller shall:

6.1. fulfill the terms and conditions of this Agreement.

6.2 Fulfill the Buyer's Order in case of acceptance of such Order and availability of the corresponding Goods or possibility to manufacture them.

6.3. deliver the Goods to the Buyer according to the Order, subject to receipt of payment from the Buyer in the manner specified in this Agreement.

6.4. Together with the Goods hand over to the Buyer the documents for the Goods stipulated by the norms of the current legislation of Ukraine.

7. Buyer's Obligations:

7.1 Prior to placing an Order, the Buyer undertakes to:

7.1.1 Familiarize himself/herself with the information about the Goods, which is posted on the Website.

7.1.2 Read and accept the terms and conditions of this Agreement or refuse to place an Order if the terms and conditions of the Agreement are unacceptable to the Buyer.

7.2 After making an Application or agreeing to the Order, the Buyer undertakes to:

7.2.1. Pay the cost (price) of the Goods in the order and terms specified in the Order.

7.2.2 Accept the Goods specified in the Order in due time and at the agreed place.

7.2.3 Upon receipt of the Goods, make sure of their completeness, quantity and absence of defects by visual inspection, check the documents submitted with the Goods, familiarize with the rules of operation and the method of transformation of the mechanism (if any).  

7.2.4 In case of acceptance of the Goods without written comments and / or drawing up the Act of revealed defects the Buyer confirms the following:

• The Goods are handed over with all the proper documents;
• no claims on the quantity and completeness of the Goods;
• familiarization of the Buyer with the conditions and rules of operation of the Goods (method of transformation of the mechanism (if any);
• absence of any defects of the Goods, which can be detected during normal inspection, namely: defects in the mechanism (if any), scratches, chips, holes in materials and the like.

7.2.5 After the Order is agreed upon by the Parties, do not make changes to such Order.

8. Procedure for acceptance and replacement of the Goods

8.1 Upon receipt of the ordered Goods, the Buyer shall check their conformity in quantity, quality and completeness. If any discrepancy is detected, the Buyer shall immediately notify the Seller's representative and fix it in the Act of actual quantity/quality/completeness of the Goods, which shall be signed by the Seller's representative together with the Buyer. If possible, the defects shall be fixed by means of photo or video recording.

8.2 The Parties have agreed that in case of non-compliance with the requirements specified in clause 8.1. hereof, the Goods shall be deemed to be of good quality and delivered in proper condition, i.e. without any damage and/or defects.

8.3 By ordering Goods on the Website the Buyer confirms his/her awareness that quality Goods are not subject to exchange or return in the following cases:

8.5.1. after damage (opening) of the packaging of the Goods, regardless of who caused such damage/opening - either by the Buyer (his/her family member, other third party who had access to the Goods, etc.), or by the Supplier's Representative at the place of delivery of the Goods in order to assemble them (putting the mattress on the bed) and the like. 

8.5.2. dissatisfaction of the Buyer with the softness/hardness of upholstered furniture or mattresses, other subjective feelings regarding the aesthetic appearance of the Goods, matching shades of different parts, details of the Goods and the like.  

9. Responsibility of the Parties

9.1 The Parties shall be responsible for non-fulfillment or improper fulfillment of the terms and conditions of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.

9.2 The Seller shall not be liable for any damage caused to the Buyer as a result of improper use by the Buyer of the Goods manufactured under the Veneto TM.

9.3 The Seller is not responsible in case of detection of minor discrepancy of the Goods (accessories, shade of materials, fabric print, etc.) to the samples placed on the Veneto.ua Website, if such discrepancies do not affect the possibility of using the Goods for their intended purpose.

9.4 Claims for quality / quantity or completeness of the Goods can be sent by the Buyer in writing to the address of the Seller, namely: Cherkassy, 27, Yuriy Ilyenko str.

9.5 The Parties shall make their best efforts to resolve any disagreements exclusively through negotiations.

9.6. The Parties shall be released from liability for full or partial failure to fulfill their obligations, if the failure is a consequence of force majeure circumstances that arose independently of the will of the Parties after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof. The term of fulfillment of obligations, in such case, shall be extended for the term of force majeure.

9.7. The Buyer has no right to refuse the Goods after submitting the Application for the purchase of the Goods due to the fact that they are manufactured according to the Buyer's individual order, namely: the manufacturer carries out individual cutting of fabric, which is an integral part of the Goods ordered by the Buyer (in accordance with Appendix No. 1 (fabrics are not subject to exchange (return), and cutting of board materials (fiberboard and particle board, plywood are not subject to exchange (return), also cut or cut to the size determined by the Buyer, with the agreement of the manufacturer. The constituent parts of the Goods are an integral part of the Goods, and therefore the Goods are not returnable as a whole.

10. Return, exchange of the Goods and their warranty service

10.1 Given that the Buyer selects the parameters according to his/her preferences when making the Application, such Goods are customized Goods. The Parties have mutually agreed that the Goods of proper quality meeting the requirements of the Application are non-returnable.

10.2 When manufacturing the Goods according to individual order, possible changes in design and production technology are allowed, if such changes do not affect the ability to use the Goods for their intended purpose. Minor +/- 20 mm difference in the size of the Goods, difference in the shades of textile upholstery or tone of wooden decorative elements in the product, as well as minor differences from the samples on the Website are allowed. Such differences are not a reason for exchange of the Goods or refusal to accept them.

10.3 Warranty obligations apply to all Goods of the Seller in accordance with the requirements of the current legislation of Ukraine. The warranty period and conditions of its application are specified in the Warranty Card, which is provided to the Buyer together with the Goods.

10.4 In case of detection of defects within the established warranty period, the Buyer, in the manner and within the terms established by law, shall have the right to demand:

• proportional reduction of the price;
• free of charge elimination of defects of the Goods within a reasonable period of time;
• reimbursement of expenses for elimination of defects of the Goods.

10.5 In case of detection within the established warranty period of significant defects arising due to the fault of the manufacturer of the Goods (seller, executor) or falsification of the Goods, confirmed, if necessary, by an expert opinion, the Buyer, in the manner and within the time limits established by law and on the basis of the rules binding on the parties or the Contract, shall have the right at its choice to demand from the Seller or the Manufacturer:

1. cancel the contract and return the sum of money paid for the Goods;
2. demand replacement of the Goods with the same Goods or with similar Goods from among the Goods available to the Seller.

10.6 The Buyer's claim in case of defects of the Goods shall be submitted at the Buyer's choice to the Seller at the place of purchase of the Goods, to the Manufacturer or to the enterprise satisfying such claims at the Buyer's location. The Buyer has the right to make one of the claims, and in case of failure to fulfill it, to make another claim.

10.7 In case of availability of the Goods, the Buyer's claim for their replacement, in case of detection of defects of the Goods, is subject to immediate satisfaction, and in case of absence of the Goods, the Buyer's claim for their replacement is subject to satisfaction within two months from the moment of submission of the relevant application. In case of replacement of the Goods with defects with the Goods of similar brand (model, article, modification) of proper quality, the price for which has changed, recalculation of the price shall not be made. In case of replacement of the Goods with defects with the same Goods of another brand (model, article, modification) of proper quality, recalculation of the cost of the Goods with defects in case of price increase shall be made on the basis of its cost at the time of exchange, and in case of price decrease - on the basis of the cost at the time of purchase.

10.8 In case of termination of this Contract in connection with detection of defects of the Goods, settlements with the Buyer in case of increase in the price of the Goods shall be made on the basis of their value at the time of making the relevant claim, and in case of price reduction - on the basis of the value of the Goods at the time of purchase. The money paid for the Goods shall be returned to the Buyer on the day of termination of the Contract, and in case of impossibility to return the money on the day of termination of this Contract - in another term as agreed by the parties, but not later than within seven days.

10.9 The Buyer's claims specified in clauses 10.4, 10.5 shall be considered only upon presentation by the Buyer of the settlement document, and for the Goods for which the warranty period has been established - of the technical passport or other document replacing it, with a stamp on the date of sale.

10.10 The Buyer's claims provided by this Article shall not be satisfied if the Seller, manufacturer (enterprise satisfying the consumer's claims established by part one of this Article) proves that the defects of the Goods have arisen due to the Buyer's violation of the rules of use or storage of the Goods. The Buyer has the right to participate in the quality inspection of the Goods personally or through its representative.

10.11 Improper care or improper use of the Goods, which led to their breakage and / or wear and tear is not a manufacturing defect, therefore, the Goods with such defects are not accepted for warranty service.

10.12 The Seller, on the basis of the Buyer's request, may perform non-warranty or post-warranty maintenance of the Goods purchased by the Buyer, which is carried out exclusively at the Buyer's expense. Consequently, in such case the Buyer shall pay the cost of delivery of the Goods to and from the place of repair, the cost of repair works, spare parts and other additional expenses. 

11. Other terms and conditions of the Agreement

11.1 The Internet store reserves the right to unilaterally make changes to this Agreement with its preliminary publication on the website veneto.ua.

11.2 The Internet-shop is not responsible for the content and truthfulness of the information provided by the Buyer when placing the Application/Order.

11.3. The Buyer is personally responsible for the accuracy of the information provided when submitting the Application/Order.

11.4 Full and unconditional acceptance of this public offer shall be the fact of making an Application by the Buyer.

11.5 The contract concluded by the Buyer by accepting this public offer shall be legally valid and equal to the contract signed by the parties.
Acceptance of a valid public offer means full agreement of the Buyer with the terms and conditions of this Contract of sale (public offer of the Internet store).

11.6 The Agreement is concluded by means of information and telecommunication systems and is considered to be concluded in writing.

11.7 The use of the resource of the online store to view the Goods and to make an Application is free of charge for the Buyer.

11.8 The information provided by the Buyer is confidential. The Online Shop uses the information about the Buyer exclusively for the purposes of functioning of the Online Shop (sending messages to the Buyer about the fulfillment of the Order, sending advertising messages, etc.).

11.9 By accepting the Agreement or placing an Order, the Buyer voluntarily consents to the collection and processing of their personal data for the following purpose: the data that become known to the Seller will be used for commercial purposes, including the processing of Applications for the purchase of Goods, receiving information about the Order, sending by telecommunication means (e-mail, mobile) promotional and special offers, information about promotions, drawings or any other information about the activities of the Online Shop.

11.10 The Buyer authorizes the Seller to process its personal data, including: use personal data from the Buyer's database (without further notification of the Buyer thereof), store data for life, accumulate, update, modify (as necessary). The Buyer undertakes to ensure data protection from unauthorized access of third parties, not to distribute and not to transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to perform direct data processing for the specified purposes, as well as at the mandatory request of the competent state authority).

11.11 The Seller's personal data base, in which the Buyer's personal data are entered, is located at the following address: 27, Yuriy Ilyenko Street, Cherkassy. The location of the Owner of the Buyer's personal data coincides with the location of the Seller's personal data base.

11.12 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 promotional materials, sending it to the postal or e-mail address.

11.13 The Buyer confirms that he is notified of the procedure and conditions of processing his personal data.

11.14 The goods may have minor differences from their images in the online store. If such differences do not affect the ability to use the Goods for their intended purpose, it is not a reason for rejection or replacement of the Goods. 

11.15 This Agreement is a contract of adhesion in accordance with Art. 634. Civil Code of Ukraine.

11.16 By concluding the Contract (i.e. by accepting the terms of the existing Offer (Offer) by placing an Order), the Buyer confirms the following:

a) The Buyer is fully and completely familiarized with and agrees to the terms and conditions of this offer, including the content of this Agreement, the procedure for accepting claims, the characteristics of the Goods, the price of the Goods, the terms of payment for the cost of the Goods, the terms of delivery of the Goods and payment of the cost of such delivery, warranty obligations in respect of the goods, etc.

b) The Buyer authorizes the collection, processing and transfer of personal data under the conditions defined below in the Clause on collection, processing and transfer of personal data. The authorization for the processing of personal data is valid for the entire duration of the Contract, as well as for an unlimited period of time after its termination. In addition, by concluding the Contract the Buyer confirms that he is notified (without further notice) of the rights established by the Law of Ukraine “On Protection of Personal Data”, of the purpose of data collection, as well as that his personal data are transferred to the Seller in order to be able to fulfill the terms of this Contract, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notification of the Buyer, without changing the purpose of personal data processing. The list of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine “On Protection of Personal Data” is known and understood.

12. Term of the Contract, procedure of its termination and other conditions

12.1 This Contract shall come into force from the moment of acceptance (submission of the Application) by the Buyer and shall remain in force until full fulfillment of obligations by the Parties, except for cases of its early termination.

12.2 This Contract may be terminated by mutual consent of the Parties executed in writing before the expiration date.

12.3 Each of the Parties shall have the right to terminate this Agreement unilaterally in case provided by this Agreement or the current legislation of Ukraine.

12.4 The invalidity of individual provisions of this Contract shall not provide for invalidity of the Contract as a whole.

13. Address and details of the Seller

Location: Cherkassy, 27, Yuriy Ilyenko str., USREOU 39457891.

Other details of the Seller shall be specified separately in the invoices for payment for the ordered Goods.