This public offer, which corresponds to articles 633, 639, 641 of the Civil Code of Ukraine and article 11 of the Law of Ukraine "About electronic commerce", contains the conditions of the Public Offer Agreement of purchase and sale of Goods, which are posted on the ctrl.ua website (hereinafter referred to as the Contract). By placing an order on the website, the buyer automatically agrees to the terms of this offer (contract) and confirms his/her consent to enter into the contract. If the buyer has any objections, he/she must express them before confirming the order; otherwise, the seller is released from any liability for non-compliance with the terms of this offer and has the right to cancel the order unilaterally. Before purchasing goods on the ctrl.ua website, it is necessary to carefully read this offer.
Definitions:
1.1 Seller - FOP Dyachenko R.M. (TIN 3273019312, email: 1contactctrl@gmail.com) or other subject of entrepreneurial activity (legal entity or individual entrepreneur) who has goods posted on the website with the written consent of ctrl.
1.2 Buyer - a natural person who fully and unconditionally accepts the terms of the Contract (a person who accepts the offer) in accordance with the terms determined by this Contract.
1.3 Parties - the Seller and the Buyer.
1.4 Ctrl Site - a set of pages that are accessible through a web browser and software modules that are part of a single management system located on the Internet at https://www.ctrl.ua and intended to provide information and place orders of the Buyer on the basis of this Contract.
1.5 Goods - a list of non-food products or other types of goods that were published on the ctrl.ua website with prices, names, images, and descriptions.
1.6 Order page - a page accessible through a web browser and software modules that are part of a unified management system located on the Internet at ctrl.ua website, after clicking the "Order" button and designed to place information about the product (name, assortment, quantity, and price of the product) before placing an order.
1.7 Content - various objects of intellectual property that have been published on the ctrl.ua website in digital format, including text, visual, audio, or other files, for which the Seller has property rights. They are provided in various formats and intended for the Buyer's personal use by reproducing (viewing) on the Buyer's equipment to ensure his right to information under Article 6 (1) of the Law of Ukraine "On Consumer Protection." Content may vary depending on browser settings.
1.8 Order - a request for the purchase and delivery of Goods properly executed by the Buyer, with delivery to the address specified by him.
1.9 Carrier - a legal entity or individual entrepreneur who has taken on the obligation to deliver the Goods to the destination point specified by the Buyer under the terms of the contract.
The subject of the agreement
2.1 The Seller undertakes to transfer the Goods to the Buyer in accordance with the conditions defined in this Agreement, and the Buyer undertakes to accept the Goods and pay for it.
2.2 The Buyer may order the Goods exclusively for personal use not related to entrepreneurial activities.
2.3 The content may only be used by the Buyer for personal purposes by reproducing it on equipment that belongs to the Buyer in order to ensure consumer rights in accordance with Part 1 of Article 6 of the Law of Ukraine "On Protection of Consumer Rights". The Buyer is not allowed to:
- Use the Content in any way to transmit it to third parties or provide access to the Content to third parties;
- Use the Content to obtain benefits or any advantage from business activities;
- Make any changes to the Content that involve its processing, modification, ordering and adaptation for functioning on certain technical equipment. Such changes include, but are not limited to, changes in distribution, public display, publication of any fragments and components of other parts of the Content on the global Internet, import, commercial rental, public performance, cable communication, as well as disclosure of the Content;
- Place the Content on any resources that provide third parties with access to the Content.
2.4 The Buyer guarantees to the Seller that he/she has all necessary rights and powers to enter into and perform this Agreement in accordance with its terms.
Products Ordering
3.1 The Buyer can independently place an order for goods on the website in accordance with this Agreement. The customer can place an order on the website ctrl.ua by adding selected goods to the virtual shopping cart and clicking the "Checkout" button. The name, assortment, quantity, and price of the goods, which are the subject of this Agreement, are determined in the order that the customer places through the order page, which becomes available after clicking the "Checkout" button. If the customer wants to place an order (accept the offer), he/she confirms his/her order by clicking the "Order" button. In addition, the customer can place an order on the ctrl.ua website by clicking the "Buy in One Click" button.
3.2 When placing an order on the ctrl.ua website, the customer must provide the following information about himself/herself:
- Name, patronymic, surname;
- Email address;
- Delivery address of the goods;
- Contact phone number;
- And any other necessary information.
3.3 The customer is responsible for the accuracy of the information provided when placing an order. The customer's personal data is processed in accordance with the Law of Ukraine "On Protection of Personal Data".
3.3 The customer is responsible for the accuracy of the information provided when placing an order. If the fields "Name", "Surname", "Phone number" and others contain errors or incomplete data, the seller is completely released from liability for improper fulfillment of the order.
3.4 The customer has the right to order any product presented on the ctrl.ua website. Each product can be ordered in any quantity. Exceptions to this rule are indicated in the description of each product in case of promotions, product withdrawal from sale, etc.
3.5 After placing an order, a representative of the seller sends an email to the customer's email address confirming the acceptance of the order. Receipt of the email by the customer confirms that the seller has accepted the order. In the future, a representative of the seller may contact the customer by phone or email to clarify the terms of the order and delivery.
The order/orders can be shipped only after full payment or prepayment by the customer.
3.6 After placing an order, a representative of the seller contacts the customer by phone to clarify the terms of the order and delivery. Receipt of an SMS and/or email notification by the customer regarding the placed order confirms the acceptance of the order.
3.7 Complete information about the order, including the name of the product, price, quantity of the selected product, and the amount to be paid, is available on the order web page or sent to the email after placing an order. In addition, an SMS message may be sent to the customer's contact phone.
3.8 If the order, purchase or delivery of the product is impossible, the representative of the seller informs the customer about this via the contact phone or email.
3.9 If the product is unavailable, the customer can choose another product of the same value or cancel the order.
Price and Payment Method
4.1 The price of the goods on the web pages of the website is indicated in hryvnias per unit of goods and is for informational purposes only.
4.2 The Seller has the right to independently change the price of the goods indicated on the website. The price of the goods ordered by the Buyer cannot be changed after confirmation of the order acceptance, in accordance with clauses 3.5 and 3.6 of this Agreement.
4.3 The total cost of the order consists of the cost of the goods (from all sections of the website) added to the cart. The cost of delivery services is paid separately by the Buyer in accordance with the carrier's tariffs.
4.4 The payment method for the goods is determined in the "Payment, delivery, return" section on the ctrl.ua website.
Order Delivery
5.1 The methods, procedure, and terms of delivery of the goods are indicated on the ctrl.ua website in the "Delivery" section. The Buyer must agree on the procedure and conditions of delivery with the representative of the website.
5.2 Delivery of the goods that have been ordered and purchased by the Buyer is carried out by the Seller or a third party (carrier). When delivering the goods, the goods are handed over directly to the Buyer, the Buyer's representative, or another person specified by the Buyer.
5.3 In order to fulfill obligations under this Agreement, the Seller has the right to involve third parties (legal or natural persons-entrepreneurs) under trust, commission, transportation contracts, etc. Tariffs for delivery may change depending on the chosen carrier and are not related to the Seller.
5.4 The Parties agreed that the Seller's obligations are considered fulfilled after the transfer (receipt) by the carrier or the third party (legal or natural persons-entrepreneurs) attracted by the Seller under the contracts of agency, commission, transportation, etc. of the ordered goods (in case of delivery) or transfer (receipt) of the ordered goods by the Buyer (in case of self-pickup of the goods from the pickup point).
Responsibility of the Parties
6.1 The Parties shall be responsible in accordance with the current legislation of Ukraine and the terms of this agreement.
6.2 The Seller shall not be liable for the following:
- delays and interruptions during the processing of orders and delivery of goods by the Carrier or third parties (legal and natural persons-entrepreneurs)
- outside the control of the Seller transfer of network identifiers (IP, MAC addresses, login and password) to third parties by the Buyer
- incompatibility of the color of the goods with the original due to different color reproduction on different monitors of the Buyers, which may differ in their technical characteristics and settings
- accuracy of the information provided by the Buyer when placing an order
- damage caused to the Buyer as a result of improper use of goods ordered on their website
6.3 Neither Party shall be liable for non-performance or improper performance of its obligations under this Agreement if it is a result of force majeure circumstances.
6.4 If disputes or disagreements arise regarding the performance of the Parties' obligations under this Agreement, they shall be resolved through negotiations. If the dispute cannot be resolved within two calendar months from the start of the negotiations, the Parties shall have the right to apply to a court for the protection of their rights and interests.
Term of the agreement
7.1 The Agreement shall enter into force upon its conclusion, that is, upon acceptance (acceptance) of the Agreement by the Buyer in accordance with the conditions provided for in this Agreement.
7.2 The Agreement shall remain in force until the Parties have fully performed their obligations under this Agreement.
7.3 The Agreement may be terminated prematurely by mutual agreement of the Parties.
Final provisions
8.1. All relations arising from the Agreement, including its validity, conclusion, performance, modification, termination, interpretation of terms, determination of consequences of invalidity or breach, are governed by this Agreement and the legislation of Ukraine.
8.2. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreements, negotiations, correspondence, letters of intent, and any other agreements between the Parties relating to this Agreement, whether in written or oral form. Each Party waives any rights it may have to claim damages for termination or breach of this Agreement, except as provided in this Agreement. The Parties agreed that they have reached agreement on all material terms of this Agreement.
8.3. Each Party acknowledges and agrees that in entering into this Agreement, it relied on the representations and warranties of the other Party set forth in this Agreement. This Agreement shall not relieve the Parties from liability for fraud or intentional misrepresentation.
8.4. The Seller has the right to unilaterally modify the terms of this Agreement without prior notice to the Buyer. The new version of the Agreement becomes effective from the moment of its publication on this website.
8.5. All materials and content provided on the Ctrl website are for informational purposes only and cannot fully convey the properties and characteristics of the goods, such as color, size, shape, and others. Content and materials may differ due to different monitor settings, browsers, computers, mobile devices, and other technical equipment through which the Buyer accesses the Ctrl website. If the Buyer has questions about the properties and characteristics of the goods, he/she has the opportunity to contact the Seller by the phone numbers indicated on the website to obtain full information about the goods before placing an order."