Limited Liability Company "INEGVA" PRODUCTION COMPANY", identification code of the legal entity 40915815, operating based on the extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Formations (hereinafter referred to as the Seller), on one hand, and any individual who has ever accessed the website https://inegva.eu/ (hereinafter referred to as the website) and has reached the age of consent for this Agreement, and has accepted this offer (hereinafter referred to as the User), on the other hand, together hereinafter referred to as the "Parties," have concluded this public offer contract for the purchase of goods through the Internet store (hereinafter referred to as the "Contract") addressed to an unlimited number of persons, which is the official public offer of the Seller to conclude a Contract with Users, the images and information about which are posted in the corresponding section of the Website.
TERMS AND DEFINITIONS
1.1. The public offer contract is a public contract, the sample of which is posted on the Website: https://inegva.eu/, containing the Seller's offer to purchase goods, the images of which are posted on the Seller's Website, addressed to an indefinite number of persons, including Users.
1.2. Acceptance means the User's acceptance of the Seller's offer to purchase the Goods, the images of which are posted on the Seller's Website, by adding it to the virtual cart and placing an Order.
1.3. User means any capable natural person, individual entrepreneur, or legal entity who has access to the Website via the Internet and uses the Website and intends to purchase certain goods offered for sale by the Seller.
1.4. Order means a duly executed and placed on the Seller's Website application by the User to purchase Goods addressed to the Seller.
1.5. Legislation means the current legislation of Ukraine, which may be applicable to legal relations arising from the execution and/or resulting from the performance of the obligations described in this Contract.
1.7. Goods means products offered by the Seller for sale to Users under the terms of this Agreement, and information about which is posted on the Seller's Website.
1.8. Significant Defect of the Goods means a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, arises due to the fault of the manufacturer and/or Seller, and reappears due to reasons independent of the consumer.
2.1. The User is obliged to fully familiarize themselves with this Contract before registering on the Website. Registration of the User on the Website means full and unconditional acceptance of this Contract by the User. In case of disagreement with the terms of the Agreement, the use of the Website by the User must be immediately terminated.
2.2. The Seller and Users, when purchasing goods, the images and information about which are posted on the respective pages of the Website, accept the terms of this Contract.
2.3. The contractual relations between the Seller and the User are formalized in the form of a public offer contract. The actions in the form of clicking the "CONFIRM ORDER" button on the Internet resource on the order page mean that the User, regardless of their status (natural person, legal entity, individual entrepreneur), in accordance with the current legislation of Ukraine, has undertaken to fulfill the conditions of the public offer contract specified in this Contract.
2.4. The Parties to this Contract agreed that if the User is a foreigner, stateless person, foreign legal entity, or if legal relations under this contract are complicated by another foreign element, the material and procedural law of Ukraine shall be applied to the specified legal relations.
2.5. This public offer contract is public, i.e., in accordance with the norms of Art. 633 and 641 of the Civil Code of Ukraine; its terms are the same for all Users regardless of their legal status (natural person, legal entity, individual entrepreneur). By fully agreeing with this Contract, the User accepts the terms and procedure for placing an order, payment, and delivery of the Goods by the Seller, as well as liability for an unfair Order and for non-compliance with the terms of this Contract.
2.6. This Contract is considered concluded from the moment of clicking the "CONFIRM ORDER" button, by which the User agrees to make a purchase from the Goods available from the Seller and acts until the User receives the Goods from the Seller and makes full payment to the Seller.
2.7. The Seller and Users, when purchasing goods, the images and information about which are posted on the respective pages of the Website, accept the terms of this Contract for the following.
SUBJECT MATTER OF THE CONTRACT
3.1. The Seller undertakes, on the terms and in the manner determined by this Contract, to transfer the Goods to ownership based on the Order placed by the User on the respective page of the Website, and the User undertakes, on the terms and in the manner determined by this Contract, to accept the Goods and pay for it.
3.2. The Seller guarantees that the Goods are not pledged, subject to dispute, or arrested and that there are no third-party rights to it.
3.3. The Seller and the User confirm that this Contract is not a fictitious or sham agreement or an agreement concluded under pressure or deceit.
3.4. The Seller confirms that it has all the necessary permits to carry out economic activity, which regulates the sphere of legal relations arising and acting in the process of executing this Contract, and guarantees that it has the right to sell the Goods without any restrictions in accordance with the requirements of the current legislation of Ukraine.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller is obliged to:
4.1.1. Fulfill the terms of this Contract.
4.1.2. Confirm the receipt of such acceptance from the User within one day from the moment of ordering (acceptance).
4.1.3. Fulfill the User's order upon receipt of payment from the User.
4.1.4. Transfer the Goods to the User in accordance with the selected sample on the relevant page of the Website, as specified in the Order and the terms of this Contract.
4.1.5. Check the qualitative and quantitative characteristics of the Goods during its packaging at the warehouse.
4.1.6. Provide the User with a document (electronic document) confirming the fact of the legal transaction.
4.2. The Seller has the right to:
4.2.1. Unilaterally suspend the execution of the Contract in case of violation of the terms of this Contract by the User.
RIGHTS AND OBLIGATIONS OF THE USER
5.1. The User is obliged to:
5.1.1. Register an account on the Website.
5.1.2. Access to the account must be carried out during each order in the Seller's information system. Such identification is equated to the electronic signature of the User.
5.1.3. Timely pay and receive orders on the terms of this Contract.
5.1.4. Familiarize themselves with the information about the goods posted on the Seller's website.
5.1.5. Before placing an Order, clarify information about the Goods by phone or email.
5.1.6. Upon receipt of the Goods from the person who delivered it, ensure the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incomplete set of the Goods, record them in an act, which should be signed by the person who delivered it and the User.
5.2. The User has the right to:
5.2.1. Place an order on the relevant page of the Website.
5.2.4. Demand the performance of the terms of this Contract from the Seller.
6.1. The User independently places an Order on the relevant page of the Website by adding items to the virtual shopping cart by clicking the "Add to Cart" button, or by placing an order by email or by calling the phone number provided in the Website's contacts section.
6.2. The order processing time is up to 5 (five) business days from the moment of its placement. If the Order is placed on a weekend, holiday, or non-working day, the processing time starts from the first working day after the holiday.
6.3. The characteristics of the Goods, their appearance, and completeness may be changed by the manufacturer without prior notice to the User by the Seller. Therefore, before placing an Order, the User is obligated to clarify information about the Goods by phone or email.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual item is determined by the Seller in Ukrainian Hryvnia and is indicated on the relevant page of the Website. The contract price is determined by adding the prices of all selected items placed in the virtual shopping cart and the delivery cost, which is determined based on the delivery method in accordance with the terms of section 8 of this Contract.
7.2. The cost of the Order may change depending on the price, quantity, or assortment of the items.
7.3. The User can pay for the Order in the following ways:
7.3.1. By making a bank transfer to the Seller's current account specified in the invoice, including via online banking (the User must pay for the Order within 24 hours from the moment of receiving the invoice, in the amount of 100% prepayment).
7.3.2. By any other method agreed upon with the Seller.
8.1. The User receives the Goods through delivery or can pick it up in person. The payment and receipt procedure is specified on the relevant page of the Website.
8.2. When delivering goods to other cities in Ukraine by other delivery services (hereinafter referred to as Carrier Companies), the User fully and unconditionally agrees with the Rules for the transportation of goods and the processing of personal data by these Carrier Companies.
8.3. The Seller's obligation to transfer the Goods to the User is considered fulfilled at the moment of handing over the Goods to the carrier.
8.4. The fact of receiving the Goods and the absence of claims regarding the quality of the Goods delivered by the Carrier Companies is confirmed by the User's signature on the transportation waybill, declaration of the Carrier Company, or on the receipt upon receiving the Goods. The Seller, on their part, guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the User, in accordance with the specifications of the Goods, and in good working condition and quality.
8.5. If the User is not present at the delivery address specified by the User in the application or refuses to receive the Goods without justified reasons when delivered by the Carrier Company, the Goods will be returned to the shipping center. Payment for the services of the Carrier Company is deducted from the amount paid by the User for the Goods. The remaining amount is returned to the User based on their letter specifying the bank account to which the funds should be returned.
8.6. Delivery of the Goods to the User is carried out within 4 (four) business days from the moment of placing the order. If the order was placed by the User on a weekend, holiday, or other non-working day, the relevant delivery period starts from the first working day following one of these days. The delivery time may be extended by the Carrier Company for reasons beyond the Seller's control.
8.7. All questions arising during the payment and receipt of the Goods can be clarified by the User using the contact information provided in the Contacts section.
9.1. Upon receiving the Goods at the carrier's warehouse, from the courier, or from the Seller, the User is obliged to check the external integrity of the packaging and then open it to ensure the proper external condition of the Goods (absence of mechanical damage) and the completeness of the Goods.
9.2. In case of any of the mentioned defects, the User is obliged to record them in a drawn-up act of any form. The act should be signed by the User and the person who delivered the Goods or the Seller's representative. If possible, defects should be documented with photographs or videos. Failure to comply with these conditions will result in the User's claims and demands for the replacement of damaged goods not being considered by the Seller.
9.3. Within 2 (two) business days, the User is obliged to inform the manager (the Seller's representative responsible for processing the Goods order) about the identified defects and agree on the replacement of the Goods, based on their letter sent to the email address email@example.com. The User is obliged to send the Goods to the Seller within 3 (three) business days from the date of agreement on the replacement of the Goods.
9.4. If the Goods have not been used and their commercial appearance, consumer properties, seals, labels, as well as the payment document issued to the User together with the sold Goods, are preserved, the User has the right to terminate the Contract by notifying the Seller within fourteen (14) days from the date of receiving the Goods, unless otherwise provided by the terms of the Contract. The User is obliged to return such Goods to the Seller.
9.5. The funds paid for the Goods will be refunded to the User on the day of contract termination (but not earlier than the day of receiving the returned Goods by the Seller), and if it is impossible to return the money on the day of contract termination, within another period agreed upon by the parties but not later than 30 (thirty) calendar days from the date of receiving the returned Goods by the Seller.
9.6. In case the payment for the Goods was made by the User using a Visa or MasterCard bank card through a payment terminal or the Internet, the refund of funds paid for such Goods is made by the Seller exclusively to the corresponding Visa or MasterCard bank card.
9.7. The Parties agreed that if the mandatory requirements of this procedure are not followed, it is considered that the User received the Goods in proper condition, without any mechanical damage and in full completeness.
9.8. In case the User submits claims regarding the poor quality of the Goods, the dispatch of such Goods to the Service Center is carried out at the expense of the Seller. If, as a result of diagnostics conducted by the Service Center, no signs of quality violation of the respective Goods are found, the dispatch of such Goods to the User is carried out at the expense of the latter.
LIABILITY OF PARTIES AND DISPUTE RESOLUTION
10.1. The Parties are responsible for non-performance or improper performance of the terms of this Agreement in accordance with this Agreement and applicable Ukrainian law.
10.2. In case of disputes related to the performance of this Agreement by the Parties, except for disputes related to the collection of arrears from the User, the Parties undertake to resolve them through negotiations following the claims procedure. The term for considering the claim is 7 (seven) business days from the date of its receipt.
10.3. All disputes, discrepancies, or claims arising from this Agreement or in connection with it, including those related to its performance, breach, termination, or invalidity, shall be resolved in the relevant court in accordance with the substantive and procedural law of Ukraine.
FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be liable for the non-fulfillment of any of their obligations, except for payment obligations, if they prove that such non-fulfillment was caused by force majeure circumstances, i.e., events or circumstances that are truly beyond the control of such Party, occurred after the conclusion of this Agreement, are of an unforeseeable and irresistible nature. Force majeure circumstances include, among other things, natural disasters, strikes, fires, floods, explosions, frost, wars (both declared and undeclared), uprisings, destruction of goods, delays caused by accidents or adverse weather conditions, maritime hazards and contingencies, embargoes, restrictions imposed by state authorities (including distribution, priorities, official requirements, quotas, and price controls), if these circumstances directly affect the performance of this Agreement.
11.2. The Party for which the performance of obligations under this Agreement has become impossible due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the aforementioned circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of the force majeure circumstances. Such confirmation shall be a certificate or other relevant document issued by the authorized state authority located at the place of occurrence of the force majeure circumstances.
11.3. The time required by the Parties to perform their obligations under this Agreement will be extended for any period during which the performance was delayed due to the aforementioned circumstances.
11.4. If due to the action of force majeure circumstances, non-performance of obligations under this Agreement continues for more than three (3) months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other Party in writing.
11.5. Regardless of the occurrence of force majeure, before terminating this Agreement due to force majeure circumstances, the Parties shall make final settlements.
OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the User is confidential. Information about the User is used solely for the purpose of fulfilling their Order (sending notifications to the Seller about the Order for Goods, sending advertising messages, etc.).
12.4. If the User does not wish to receive newsletters, they have the right to contact the Seller by writing a statement of refusal to receive advertising materials and sending it to the Seller's postal address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the User when placing an order. The User is responsible for the accuracy of the information provided during the order placement.