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

The terms and conditions of this Agreement shall govern the relationship between the Seller and the Buyer and shall be subject to, inter alia, the Law of Ukraine “On Consumer Protection” No. 1023-XII of May 12, 1991, the Civil Code of Ukraine No. 435-ІУ1 of January 16, 2003, the Law of Ukraine “On Electronic Commerce” No. 675-ІІІ of September 03, 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 preference to one Buyer over another. 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 an unfair order and all other terms of the agreement.

This Offer is an official document of Veneto Group LLC and has the necessary legal force and is published on the Seller's website veneto.ua.

By entering into the Agreement (i.e. accepting the terms of the existing Offer by placing an Order), the Buyer confirms the following:

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

 б) The Buyer authorizes the collection, processing and transfer of personal data under the conditions specified below in the Statement on the collection, processing and transfer of personal data. The permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Buyer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer, without changing the purpose of processing personal data. The list of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him.

The Seller reserves the right to make changes to this Agreement by notifying the Buyer in advance by updating the text of the Offer Agreement on the Website. 

1.  Terms and definitions

1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.

1.2. The Veneto.ua online store (web page www.veneto.ua) is a means for presenting or selling the Seller's Goods by making an electronic transaction.

1.3. Website (veneto.ua.) - a remote means of selling goods created for the conclusion of sales contracts on the basis of the Buyer's familiarization with the description of the Goods, photographs and their characteristics offered by the Seller, using the Internet, which excludes the possibility of direct familiarization of the Buyer with the Goods.

1.4. Goods - items offered for sale in the online store, or already purchased by the Buyer from the Seller remotely.

1.5. Seller - VENETO GROUP LIMITED LIABILITY COMPANY. Location: 27, Yuriy Illienko St., Cherkasy, EDRPOU 39457891.

1.6. The Order is the result of reaching agreements between the Buyer and the Seller on the models, quantity of the Goods, the total cost payable under the Agreement, the method of payment for the Order by the Buyer, the term of manufacture of the Goods, the method and term of Delivery of the Goods.

1.7. Application - a written (electronic) expression of the Buyer's intention to purchase the Goods, made by using the special “shopping cart” menu on the Site. From the moment the Seller receives such an Application for the Goods, the said Agreement is considered concluded.

1.8. The Buyer is an individual, a citizen of Ukraine, who has the necessary legal capacity to conclude 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 to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods in the manner and on the terms provided for by this Agreement.

2.2. The fact of placing an Order is the fact of unconditional acceptance of this Offer and agreement with all the terms of this Agreement.

2.3. The date of conclusion of the Agreement is the date of execution of the Application by the Buyer.

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

2.5. By submitting the Application, the Buyer confirms that he is familiar with the information about the Goods sold under the terms of this Agreement, namely, its shape, dimensions, appearance, design, color, size, quality, characteristics of the material from which the Goods are made, as well as information about its manufacturer, is aware of such characteristics of the Goods and their significance, and agrees to purchase such Goods with such characteristics.

3.  Ordering procedure

3.1. The Buyer independently draws up an Application in the online store by using the special menu “basket” on the Site.

3.2. Upon receipt of the Application, the Seller forms the Order by preparing the Goods for transfer (delivery) to the Buyer, if necessary, agrees on additional terms of sale of the Goods in accordance with the information specified by the Buyer in his Application and sends the Buyer (in electronic form) an invoice for payment with the Seller's details, etc.

3.3. In case of absence of the Goods ordered by the Buyer from the Seller or impossibility of their production, the Seller has the right to exclude such Goods from the Order or cancel the Application by sending an e-mail to the Buyer to the e-mail address specified during registration or by notifying the Buyer by phone.

4.   Price and payment procedure for the Order

4.1 The price for each Product is indicated on the website of the Veneto.ua online store.

4.2. The Seller has the right to unilaterally change the price of any Product. In the event of a change in the price of the Goods already ordered by the Buyer, the Seller undertakes to inform the Buyer of such a change. In this case, the Buyer has the right to confirm or cancel his Order for the Goods.

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

4.4. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds in full, including the cost of delivery, if any.

4.5. Settlements between the Seller and the Buyer for the Goods are made in Ukrainian currency (hryvnia). 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 a method is agreed by the Parties when agreeing on the Order);
Privatbank card through the Website online via Privat24;
Visa or Master Card of any bank of Ukraine via LiqPay;
Through terminals or at a bank branch, indicating 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 an Order or upon receipt (if the specified payment method is agreed upon by the Parties when agreeing on 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 the transport company in the quantity at the prices and within the terms agreed by the Parties. Depending on the place of delivery of the Goods, delivery services may be paid either by the Buyer or the Seller, which is set on the website in the section “Delivery and Payment” and is additionally agreed by the Parties when placing the Order.

5.2. The term of delivery of the Goods depends on the agreements of the Parties (namely: the possibility of the Buyer to be present at the place of delivery of the goods and, if necessary, the possibility of collecting it), however, the delivery time may not be less than 5 (five) working days from the date of manufacture of the Goods or placement of the Order by the Buyer (if the Goods are in stock), unless otherwise notified by the Seller.

5.3. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative upon receipt of the Goods, which shall be confirmed by the Parties by signing the shipping document, the Order for delivery of the Goods, the Act of acceptance of the Goods, etc.

5.4. The Buyer undertakes to meet the Seller's courier at a certain time at the specified delivery address.  In the absence of the Buyer at the time of delivery of the Goods, at the time and address specified in the Order, repeated paid delivery is carried out in accordance with the tariffs of the Seller or courier service.

6.   Seller's obligations:

The Seller shall:

6.1. To fulfill the terms of this Agreement.

6.2. Execute the Buyer's Order in case of acceptance of such an Order and availability of the relevant Goods.

6.3. Transfer the Goods to the Buyer in accordance with the Order, subject to receipt of payment from the Buyer in the manner prescribed by this Agreement.

6.4. Together with the Goods, transfer to the Buyer the documents provided for by the norms of the current legislation of Ukraine.

7.   Buyer's obligations:

7.1. Before placing the Order, the Buyer undertakes to:

7.1.1. To familiarize themselves with the information about the Goods posted on the Site.

7.1.2. To familiarize themselves with and accept the terms of this Agreement or to refuse to place an Order if the terms of the Agreement are not acceptable to the Buyer.

7.2. After completing the Application or agreeing on the Order, the Buyer undertakes to:

7.3. Pay the cost (price) of the Goods in the manner and within the terms specified in the Order.

7.4. Accept the Goods specified in the Order.

7.5. Upon receipt of the Goods, make sure that they are complete and free of defects by visual inspection, check the documents transferred with the Goods, familiarize yourself with the operating rules and the method of transformation (if there is an appropriate mechanism).  

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

• The Goods have been transferred with all relevant documents;
• no claims regarding the quantity and completeness of the Goods;
• the Buyer's familiarization with the terms and conditions of operation of the Goods (by the method of transformation (if there is an appropriate mechanism);
• absence of any defects in the Goods that can be detected during normal inspection, namely: scratches, chips, holes in materials, etc.

7.7. After paying for the Order, it is prohibited to make changes to such an Order.

8.   Procedure for acceptance and replacement of the Goods

8.1. Upon receipt of the Goods, the Buyer must verify its integrity, quality and completeness.

8.2. In case of defects/damages, shortages - to record them in the Act of defects, which together with the Buyer must be signed by the person who directly carries out the delivery. If possible, the defects should be recorded by means of photo or video recording.

8.3. Within 1 (one) day from the date of receipt of the Goods, the Buyer is obliged to notify the Seller of the identified defects and agree on the replacement of the Goods.

8.4. The Parties agreed that in case of non-compliance with the mandatory requirements of this procedure, the Goods shall be considered of high quality and accepted in proper condition, that is, without any damage and/or defects.

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

8.5.1. After damage (opening) of the Goods packaging, regardless of who made such damage/opening - either the Buyer (a member of his/her family, other third party who had access to the Goods, etc.) or the Seller's Representative at the place of delivery of the Goods for the purpose of assembling it (laying the mattress on the bed), etc.

8.5.2. The Buyer's dissatisfaction with the softness/stiffness of upholstered furniture or mattresses, other subjective feelings about the aesthetic appearance of the Goods, the matching of the shades of different parts, details of the Goods, etc. 

9.   Responsibility of the parties

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

9.2. The Seller is not responsible and, accordingly, cannot be recognized as a defect, insignificantly changed appearance of the Goods (accessories, shade of materials, print on fabric, etc.).

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

10.   Warranty service

10.1. In case of detection of defects during the established warranty period, the Buyer, in the manner and within the time limits established by law, has the right to demand

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

10.2. In case of detection during the established warranty period of significant defects that have arisen through the fault of the manufacturer of the Goods (seller, contractor), 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 Agreement, has the right to demand from the Seller or the Manufacturer at its option

• to terminate the Agreement and return the amount of money paid for the Goods;
• demand the replacement of the Goods with the same Goods or with similar ones from among the Goods available to the Seller.

10.3. The Buyer's claim, in case of defects in 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 that meets these requirements at the Buyer's location. The Buyer shall have the right to make one of the claims, and in case of its non-fulfillment, to make another claim.

10.4. If the Goods are available, the Buyer's request for their replacement shall be immediately satisfied, and in the absence of the Goods, the Buyer's request for their replacement shall be satisfied within two months from the date of submission of the relevant application. When replacing the Goods with defects with the Goods of a similar brand (model, article, modification) of good quality, the price of which has changed, the cost shall not be recalculated. When replacing a defective Product with the same Product of another brand (model, article, modification) of good quality, the cost of the defective Product shall be recalculated in case of an increase in price based on its value at the time of exchange, and in case of a decrease in price - based on the value at the time of purchase.

10.5. In case of termination of this Agreement, settlements with the Customer in case of an increase in the price of the Goods shall be made on the basis of their value at the time of the relevant claim, and in case of a decrease in the price - on the basis of the value of the Goods at the time of purchase. The money paid for the Goods shall be refunded to the Buyer on the day of termination of the Agreement, and if it is impossible to return the money on the day of termination of this Agreement, at another time agreed by the parties, but not later than within seven days.

10.6. The Buyer's claims shall be considered upon presentation by the Buyer of the payment document, and in respect of the Goods for which the warranty period is established - the technical passport or other document replacing it, with a mark on the date of sale.

10.7. The Buyer's claims provided for in this article shall not be satisfied if the Seller, the manufacturer (enterprise that satisfies the consumer's requirements established by part one of this article) prove that the defects of the goods arose as a result of the Buyer's violation of the rules for using the goods or their storage. The Buyer has the right to participate in the quality control of the goods personally or through his representative.

11.   Other terms of the Agreement

11.1. The online store reserves the right to unilaterally amend this Agreement with its prior publication on the veneto.ua website.

11.2. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.

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

11.4. Full and unconditional acceptance of this public offer is the fact that the Buyer has submitted the Application.

11.5. The agreement concluded by the Buyer through the acceptance of this public offer has legal force and is equivalent to the agreement signed by the parties.

The acceptance of a valid public offer means the Buyer's full consent to the terms of this Sale and Purchase Agreement (public offer of the Online Store).\

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

11.7. The use of the online store resource for viewing the goods, as well as for filling out the Application, is free of charge for the Buyer.

11.8. The information provided by the Buyer is confidential. The Online Store uses the information about the Buyer solely for the purposes of the operation of the Online Store (sending a message to the Buyer about the fulfillment of the Order, sending advertising messages, etc.)

11.9. By accepting the Agreement or submitting an Application, the Buyer voluntarily agrees to the collection and processing of his/her personal data for the following purposes: the data that becomes known to the Seller will be used for commercial purposes, including for processing Applications for the purchase of goods, receiving information about the order, sending advertising and special offers, information about promotions, drawings or any other information about the activities of the online store by telecommunication means (e-mail, mobile communication).

11.11. The Seller's personal data base, which contains the Buyer's personal data, is located at the following address: 27, Yuriy Illienko St., Cherkasy, Ukraine. 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 advertising materials, sending it to the postal or e-mail address.

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

11.14. Products may differ slightly from their images in the online store. If such differences do not affect the possibility of using the Goods for their intended purpose, this is not a ground for refusal of the Goods or their replacement.

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

11.16. Claims may be sent to the Seller's address.

12.   Term of the Agreement and the procedure for its termination

12.1. This Agreement shall enter into force from the moment of acceptance by the Buyer (execution of the Application) and shall remain in force until the Parties fulfill their obligations in full, except in case of its early termination.

12.2. This Agreement may be terminated by mutual agreement of the Parties in writing before its expiration.

12.3. Each of the Parties shall have the right to terminate this Agreement unilaterally in case of failure to fulfill the terms of this Agreement by the other Party and in cases provided for by this Agreement and the current legislation of Ukraine.