This Agreement is an official and public offer of the Seller to conclude a contract for the purchase and sale of the Goods presented on the website https://spotme.ua/. This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (natural person, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for improper ordering and other terms of the Agreement. The Agreement is considered concluded from the moment the Buyer clicks the “Confirm Order” button on the order placement page in the “Cart” section and receives confirmation of the order from the Seller in electronic form.
1.1. Public Offer (hereinafter – “Offer”) – a public proposal of the Seller addressed to an indefinite circle of persons to conclude with the Seller a contract for the purchase and sale of goods remotely (hereinafter – “Agreement”) on the terms contained in this Offer.
1.2. Goods or Service – the object of the agreement of the parties, chosen by the Buyer on the Internet store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Internet Store – the Seller’s website at https://spotme.ua/ created for concluding retail and wholesale purchase and sale contracts on the basis of the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – a capable natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Internet store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.5. Seller – Limited Liability Company “SPOTME” (EDRPOU 40347364), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: 01033, Kyiv, Volodymyrska St., 83, office 12.
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. The date of conclusion of the Agreement-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date when the Buyer fills out the order form posted on the Internet store website, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer’s request, the Agreement may be executed in writing.
3.1. The Buyer independently places an order in the Internet store through the “Cart” form, or by placing an order by e-mail or phone number indicated in the contacts section of the Internet store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about its authenticity.
3.3. When placing an order on the Internet store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. surname, first name of the Buyer;
3.3.2. address where the Goods should be delivered (if delivery to the Buyer’s address);
3.3.3. contact phone number;
3.3.4. identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, price of the Goods chosen by the Buyer are indicated in the Buyer’s cart on the Internet store website.
3.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the Internet store.
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.
3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer into the registration form on the Internet store website or when placing an Order through the operator. After placing the Order through the operator, the Buyer’s data is entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this offer (proposed terms of purchase of the Goods) by placing an Order, the Buyer confirms the following:
4.1. Prices for goods and services are determined by the Seller independently and are indicated on the Internet store website. All prices for Goods and services are indicated on the website in hryvnias including VAT.
4.2. Prices for goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the Internet store website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer according to the current tariffs of the delivery services (carriers) directly chosen by him.
4.4. The cost of the Goods indicated on the Internet store website does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer’s address when the Buyer contacts the Seller with the corresponding request by sending an email or when placing an order through the Internet store operator.
4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller to his account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the Internet store website in the section “Payment and Delivery”.
4.8. When receiving the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.9. The Buyer or his representative, upon acceptance of the Goods, confirms with his signature on the goods receipt or in the order or in the transport waybill for the delivery of goods that he has no claims regarding the quantity of goods, appearance and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods upon independent delivery of the Goods from the Seller or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided for by law and when fulfilling the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as the prices for Goods and services unilaterally by posting them on the Internet store website. All changes take effect from the moment of publication.
5.3. The Buyer undertakes to:
5.3.1. Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Internet store website.
5.3.2. To fulfill the Seller’s obligations to the Buyer, the latter must provide all the necessary data that unambiguously identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if it has not been used and if its trade appearance, consumer properties, packaging, seal, labels, as well as the settlement document issued to the Buyer for payment for the Goods, are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The return to the Buyer of the cost of goods of proper quality is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided that the requirements provided for in clause 6.1 of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of the goods is subject to return by bank transfer to the Buyer’s account.
6.4. The return of Goods of proper quality to the Seller’s address is carried out at the expense of the Buyer and is not reimbursed by the Seller to the Buyer.
6.5. In the event that deficiencies in the Goods are discovered within the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for by the Law of Ukraine “On Protection of Consumer Rights”. When presenting requirements for the gratuitous elimination of deficiencies, the period for their elimination is calculated from the date the Seller receives the Goods into his possession and physical access to such Goods.
6.6. Consideration of the requirements provided for by the Law of Ukraine “On Protection of Consumer Rights” is carried out by the Seller upon provision by the Buyer of the documents provided for by the current legislation of Ukraine. The Seller is not responsible for deficiencies in the Goods that arose after its transfer to the Buyer as a result of the Buyer’s violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased it (including at the Buyer’s request non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the size of the goods and other characteristics specified in the Internet store.
6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section.
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations immediately notifies the other Party of this.
8.1. By providing his personal data on the Internet store website during registration or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as the performance of other actions provided for by the Law of Ukraine “On the Protection of Personal Data”, without limiting the term of such consent.
8.2. The Seller undertakes 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 acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor-quality performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to resolve the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply to the courts in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, changes to the Agreement may be made by mutual agreement of the Parties in the manner provided for by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
LIMITED LIABILITY COMPANY “SPOTME”
Legal address: 03087, Kyiv, Londonska St. 10, apt. 32
Actual address: 01033, Kyiv, Volodymyrska St. 83, office 12
EDRPOU code: 40347364
TIN 403473626589
IBAN: UA273052990000026003026214739
in JSC CB “PRIVATBANK”, Kyiv
MFO 305299
Phone: +38 095 803 7928