Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement, the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is the official public offer of the Seller to enter into a purchase and sale agreement with Buyers for the Goods, photographs of which are posted in the relevant section of the Website https://morozco.com.ua/.
Sellers intending to sell Products using the Website https://morozco.com.ua/ and Buyers when purchasing Products, the images of which are posted on the relevant pages of https://morozco.com.ua/, accept the terms of this Agreement as follows.
GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the page of the Website https://morozco.com.ua/ in the relevant section of the "ORDER" button means that the Buyer, regardless of the status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are specified below.
1.2. The public offer agreement is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force from the moment the "ORDER" button is clicked, by which the Buyer agrees to purchase the Goods available from the Seller and shall remain in effect until the Buyer receives the Goods from the Seller and makes full payment to the Seller.
1.4. To regulate contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international agreement, consent to the binding nature of which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://morozco.com.ua/ and the use of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https://morozco.com.ua/, directed to an indefinite number of persons, including Buyers.
"Acceptance" - the Buyer's acceptance of the seller's offer to purchase the Product, the image of which is posted on the Website https://morozco.com.ua/, by adding it to the virtual basket and sending the Order.
"Product" - a trade item (product, model, accessory, components and related items, any other trade items), for the purchase of which the seller has posted an offer on the Website https://morozco.com.ua/.
"Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who has visited the Website https://morozco.com.ua/ and intends to purchase a particular Product.
"Seller" - any capable individual, legal entity, individual entrepreneur, in accordance with current international and Ukrainian legislation, who are the owners or distributors of the Goods and intend to sell them using the Website https://morozco.com.ua/.
"Order" - a properly executed and posted on the Website https://morozco.com.ua/ application from the Buyer for the purchase of Goods, addressed to the seller.
"Legislation" - the norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.
"Major defect of the Product" - a defect that makes it impossible or unacceptable to use the Product in accordance with its intended purpose, arose due to the fault of the manufacturer (Seller), and after its elimination appears again for reasons beyond the control of the consumer.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified by this Agreement based on the Order placed by the Buyer on the relevant page of the Website https://morozco.com.ua/, and the Buyer undertakes to purchase the Goods and pay money for them on the terms and in the manner specified by this Agreement.
3.2. The Seller guarantees that the Goods have not been pledged, are not the subject of a dispute, are not under arrest, and that there are no third party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or fraud.
3.4. The Seller confirms that it has all the necessary permits to carry out business activities that regulate the scope of legal relations arising and operating in the process of execution of this Agreement, and also guarantees that it has the right to manufacture and/or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in the event of violation of the Buyer's rights in the process of execution of this Agreement and sale of the Goods.
RIGHTS AND RESPONSIBILITIES OF THE SELLER
4.1. The Seller is obliged to:
to comply with the terms of this Agreement
fulfill the Buyer’s orders upon receipt of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website https://morozco.com.ua/, the completed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during their packaging in the warehouse;
notify the buyer of a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by providing information in this agreement.
4.2. The Seller has the right:
unilaterally suspend the provision of services under this Agreement in the event of a breach by the Buyer of the terms of this Agreement.
4.3. Seller:
A business entity from among persons offering for purchase on the Website https://morozco.com.ua/ Goods according to the uniform agreed rules set out in this public offer agreement.*
RIGHTS AND RESPONSIBILITIES OF THE BUYER
5.1. The Buyer is obliged to:
pay for and receive the order in a timely manner under the terms of this Agreement;
read the information about the Product posted on the Website https://morozco.com.ua/;
upon receipt of the Goods from the person who delivered them, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In the event of damage or incompleteness of the Goods, record them in the act, which must be signed by the person who delivered them to the Buyer together with the Buyer.
5.2. The Buyer has the right:
place an order on the relevant page of the Website https://morozco.com.ua/;
demand that the seller fulfill the terms of this Agreement;
to inform about possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDERING PROCEDURE
6.1. The Buyer independently places an order on the relevant page of the Website https://morozco.com.ua/ by adding Products to the virtual basket by clicking the “Add to basket!” button, or by placing an order by e-mail or by the phone number specified in the contacts section of the Website https://morozco.com.ua/.
6.2. The Order formation period is up to 2 working days from the moment of its placement. If the order is sent on a weekend or holiday, the formation period begins on the first working day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and is indicated on the relevant page of the Website https://morozco.com.ua/. The price of the Agreement is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The Buyer can pay for the order in the following ways:
1) by bank transfer of money to the Seller’s current account specified in the invoice, including via Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the delivery service representative office in Ukraine or in another country in accordance with the location where the order for the goods is placed.
3) By credit card of the following type:
Visa
Visa Electron
Mastercard
Mastercard Electronic
Maestro
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for an order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for an order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. When you click on the "ORDER" button in the corresponding section on the page of the Website https://morozco.com.ua/, it means that the Seller has notified the Buyer of the possibility of charging an additional commission when the Buyer pays for European orders by the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards.
TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery or receives them in person. The payment and receipt procedure is specified on the relevant page of the Website https://morozco.com.ua/.
8.2. When delivering Goods to other cities of Ukraine or to the territory of another country, performed by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims regarding the quality of the Goods delivered by the Carrier Companies is confirmed by the Buyer by his/her signature on the consignment note, the Carrier Company's declaration, or the delivery note upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, complete in accordance with the specification of this Goods and in proper (working) condition and quality.
8.4. In the event of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unjustified reasons, upon delivery by the Courier of the transport company, the Goods are returned to the shipping shopping center. Payment for the services of the transport company is deducted from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer based on his letter sent to e-mail: support@morozco.com.ua indicating the bank account to which the funds should be returned.
The Buyer can clarify any questions that arise during the payment and receipt of the Goods using the contact information in the Contacts section.
TERMS OF RETURN OF GOODS
9.1. In accordance with Article 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange Goods of proper quality within fourteen days, not counting the day of purchase, unless a longer period is declared by the Seller. The Buyer has the right to exchange Goods taking into account the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return is carried out in accordance with the section of the Site "Return" taking into account the rules and conditions of the carrier or courier in force in the territory of Ukraine or in the territory of another country in accordance with the place of receipt of the Goods.
9.3. In case of presence of at least one of the listed defects, the Buyer is obliged to record it in a drawn up act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the defects must be recorded by means of photo or video filming. Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for processing the order for the Goods) about the detected defects and agree on the replacement of the Goods, while filling out a claim form for the return of the Goods on the website https://morozco.com.ua/.
9.4. The Parties have agreed that in the event of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in proper condition - without any mechanical damage and in full completeness.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties shall be liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current international and Ukrainian legislation.
10.2. In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes regarding the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The period for consideration of a claim is 7 (seven) calendar days from the date of its receipt. Compliance with the claims procedure is not required for disputes related to the collection of debt from the Buyer.
10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its execution, breach, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJEURE
11.1. The Parties shall not be liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure circumstances, i.e. events or circumstances that are truly beyond the control of such party, occurring after the conclusion of this Agreement, and are unpredictable and inevitable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing of the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of the force majeure circumstances. Such confirmation will be a certificate, reference or other relevant document issued by an authorized state body located at the place where the force majeure circumstances occurred.
11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended by any period during which performance was delayed due to the above circumstances.
11.4. If, due to force majeure circumstances, the failure to fulfill obligations under this Agreement continues for more than three months, each Party shall have the right to terminate this Agreement unilaterally by notifying the other Party thereof in writing.
Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties shall make final mutual settlements.
OTHER CONDITIONS OF THE AGREEMENT
12.1. Information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about the order of the Goods, sending advertising messages, etc.).
12.2. By accepting the Agreement or registering on the Website https://morozco.com.ua/ (filling out the registration form), the Buyer voluntarily consents to the collection and processing of their personal data for the following purpose: the data that becomes known will be used for commercial purposes, including processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website https://morozco.com.ua/ via telecommunications (e-mail, mobile communications).
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, and make calls to the telephone number specified in the questionnaire.
12.3. The Buyer grants the right to process his personal data, including: placing personal data in databases (without additional notification about this), lifetime storage of data, their accumulation, updating, modification (as necessary). The Seller undertakes to ensure protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related persons, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as in response to a mandatory request from a competent government agency).
12.4. If the Buyer does not wish to receive the mailing, 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.
12.5. The Seller shall not be liable for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer shall be liable for the accuracy of the information specified when placing an order.