An offer to conclude a public contract for the retail sale of goods at a distance1. General provisions1.1. This offer (hereinafter referred to as the "Offer") is an official offer of the individual-entrepreneur Oleksandr Petrovych Glushchenko (RNOKPP 2745422017), registered at the address: 03084, Kyiv city, Generala Matykin street, building 11A (hereinafter referred to as the "Seller"), to enter into a Public Contract of retail purchase and sale of goods at a distance (hereinafter - the "Agreement") on the website "https://estem.ua/" (hereinafter - the "Website").1.2. In this Offer, unless the context otherwise requires, the following terms have the following meanings:"Buyer" is a natural person who entered into this Agreement with the Seller under the conditions set forth below."Order" - a set of actions of the Buyer, which consists of: choosing the product(s), placing the product(s) in the basket, specifying all the necessary data by the Buyer and clicking on the "Confirm order" button on the page https://estem.ua/ Internet -site, automatic transition to the next page of the Internet site, as well as, in the case of choosing a payment method from the options offered on the https://estem.ua/payment-and-delivery page of the Internet site, specifying all the necessary payment details and making payment"Automatic order" - sending the goods by the Seller to the Buyer on the terms of delivery with payment on delivery (cash on delivery) or other similar in the manner provided for in this Agreement."Goods" - the object of this Agreement, which was purchased by the Buyer from the Seller by placing an Order."Internet store" - section https://estem.ua/ of the Internet site, intended for the retail sale of goods based on the Buyer's familiarization with the main characteristics and description of the goods offered for purchase."Parties" - Buyer and Seller.1.3. The moment of complete and unconditional acceptance by the Buyer of this Offer (acceptance) and the moment of conclusion of this Agreement is considered the moment of placing the Order by the Buyer.2. Subject of the contract2.1. The Seller undertakes to hand over the Goods(s) to the Buyer, and the Buyer undertakes to pay for and accept the Goods(s) on the terms specified in this Agreement.This Agreement regulates the retail purchase and sale of goods in the online store, including:• voluntary choice by the Buyer of the Product(s) in the online store;• independent implementation of the Order by the Buyer on the Internet site;• choosing the method of delivery and payment of the cost of the Product(s);• payment of the cost of the Product(s) and their delivery;• processing of the Order, sending and transfer of the Product(s) to the ownership of the Buyer;• procedure for implementing the Automatic Order function.3. Order execution procedure3.1. The buyer has the right to order any product presented in the online store using the "Basket" function.3.2. If the Product is not available, the Buyer has the right to replace it with another product, refuse the Product or cancel the Order.3.3. The Seller has the right to refuse to process the Order and send the Product(s) to the Buyer if the information provided by the Buyer during the Order is incomplete or raises suspicions about their validity.4. The price of the product, the method, terms and order of calculations, the cost and method of delivery of the product4.1. The prices of goods are determined by the Seller independently and indicated in the online store.4.2. Product prices may be changed by the Seller unilaterally depending on the market situation and other factors that affect pricing. At the same time, the price of the Product(s), the cost of which(s) has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.4.3. When placing an Order, the Buyer has the opportunity to choose one of the payment methods offered by the Seller on the https://estem.ua/payment-and-delivery page of the Internet site. By choosing the appropriate method of payment for the Product(s), the Buyer agrees to the order and term of payment, as well as the cost of services (the amount of the commission) of the relevant payment system or operator.4.4. When placing an Order, the Buyer has the opportunity to choose one of the methods of delivery of the Product(s) offered by the Seller on the page https://estem.ua/payment-and-delivery of the Internet site. By choosing the appropriate method of delivery of the Product(s), the Buyer undertakes to pay the cost of delivery of the Product(s) indicated during the execution of the Order.4.5. The Seller reserves the right to cancel any Order of the Buyer if the latter has not made a partial or full prepayment of the cost of the Product(s).4.6. Refunds to the Buyer are made in cases provided for by law. In the event that the Buyer pays for the goods by transferring funds from a bank card, the Seller refunds the funds to the bank card from which the Buyer made the corresponding funds transfer.5. Rights and obligations of the parties:5.1. The seller has the right to:5.1.1. After completing the Order, send the Buyer a similar product in a similar quantity to the address specified by the Buyer during the Order, using the Automatic Order function. Guided by part 3 of Article 205 of the Civil Code of Ukraine, the Parties stipulated the Buyer's silence after the execution of the Order as an expression of will to implement the Automatic Order. The buyer can refuse the Automatic order function by sending a letter to the email address .au.metse%40eciffo5.2. The seller is obliged to:5.2.1. send and deliver the Product(s) to the Buyer in accordance with the terms of this Agreement and the Buyer's Order.5.2.2. not to disclose any personal data of the Buyer and not to provide access to such data to third parties, except for the cases stipulated by the law, the Privacy Policy posted on the Internet site, or at the request of the Buyer himself, or when such disclosure or granting of access is conditioned by the performance of this Agreement or protection of the rights granted by this Agreement.5.3. The buyer is obliged to:5.3.1. timely pay for and receive the Product(s) in accordance with the terms of this Agreement;5.3.2. bear the costs of paying the cost of services for sending the Product(s) and services (commission) for making payment.5.4. The buyer has the right to:5.4.1. demand fulfillment of the terms of this Agreement.6. Liability of the parties6.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.6.2. The seller is not responsible for:6.2.1. appearance and packaging of the Product(s) changed by the manufacturer;6.2.2. for the content and truthfulness of the information provided by the Buyer when placing the Order;6.2.3. for delays and interruptions in the processing of the Order, sending and transfer of the Product(s), which occur for reasons beyond the Seller's control;6.2.4. for illegal actions performed by the Buyer during the execution of the Order.6.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions to third parties or their property. The Buyer is personally responsible for maintaining the confidentiality of his e-mail and password used to access the Buyer's account. The Seller is not responsible for the correctness of the Buyer's data specified during the Order, the consequences of late updating of such data by the Buyer, and the consequences of third-party access to the Buyer's account.6.4. In the event of force majeure, the parties are released from liability for non-fulfillment of the terms of this Agreement during the period of existence of the relevant circumstances. Circumstances of force majeure for the purposes of this Agreement mean events that are of an extraordinary and unforeseen nature and that objectively make it impossible to fulfill the obligations stipulated in this Agreement.
7. Other conditions
7.1. The Seller reserves the right to unilaterally make changes to this Agreement, which take effect from the moment of their publication on the Internet site and are distributed to the Order execution from the moment of publication of the corresponding changes on the Internet site.
7.2. The buyer is responsible for the accuracy of the information specified when ordering information. At the same time, when placing an Order, the Buyer gives the Seller consent to the processing of his personal data in accordance with the Privacy Policy posted on the Internet site.
8. Product quality, expiration date and procedure for accepting claims
8.1. The quality of the product meets the requirements established by the legislation of Ukraine.
8.2. The expiration date of the product starts from the date of its manufacture and is indicated on the packaging of the Product.
8.3. In case of purchase of unsuitable Product(s), the Seller shall, at the request of the Buyer, replace the Product(s) with one that is suitable for consumption or return to the Buyer the funds paid by him. Refunds in the event of an increase in the price of the Product(s) are made based on its value at the time of the corresponding claim, and in the event of a price decrease - based on the value of the Product(s) at the time of purchase. The money paid for the Product(s) shall be returned to the Buyer no later than within seven days from the date of satisfaction of the Buyer's claim. The Buyer's claims related to the replacement of the Product(s) or refund are considered subject to presentation of the settlement document and evidence of the unsuitability of the Product(s).
8.4. Acceptance of relevant offers and claims from Buyers is carried out by the Seller within the period specified in clause 8.2. of this Agreement by filling out and sending the form to au.metse%40eciffo by the Buyer.
9. Term of validity of the contract
9.1. This Agreement is valid until the Parties' obligations are fully fulfilled and the Parties fully exercise their rights provided for by it, except for cases of its early termination.
9.2. This Agreement may be terminated by mutual consent of the Parties and in other cases provided for by this Agreement and the current legislation of Ukraine.