Terms & Conditions
PUBLIC OFFER OFFER
for the sale of goods in the online store Amala Sambar
The following text of the Agreement is addressed to natural persons permanently residing in the territory of Ukraine and is an official public offering by Amala Sambar, hereinafter referred to as the SELLER, and to any natural person who fully and unconditionally accepts the terms of this Treaty in accordance with Articles 633 634 of the Civil Code of Ukraine and expressed acceptance of this offer by confirming the Order on the website www.amalasambar.com and acting in the self-interest or interest of the legal entity hereinafter referred to as the BUYER, have concluded this public contract (hereinafter: "Agreement") of the following:
1. DEFINITION OF TERMS
1.1. The term "Goods" in the context of this Agreement means the goods presented on the website www.amalasambar.com, for which the price, name and description and which are available for purchase are indicated. The product may also be accompanied by its image.
1.2. The term "Online Store" within the meaning of this Agreement means the corresponding software and functional complex, posted on the website www.amalasambar.com, which allows you to familiarize yourself with the Product, its appearance, specifications, price, payment terms, terms and conditions of delivery, warranties, etc., make an appropriate order and pay for it based on the invoice.
1.3. The term "Prepayment" in the context of this Agreement means the pre-order and payment of goods, the availability of which is provided within the time specified in the description of the Goods.
1.4. The term "Shopping Cart" within the meaning of this Agreement means the part of the Online Store responsible for tracking and displaying in real time selected BUYERS of goods for purchase, indicating the total value of them.
1.5. The term "Order" within the meaning of this Agreement means a certain BUYER using the basket the list of Goods, their number, indicating the PURCHASER name and his contact information. The order point provides time for processing the order and making the jewelry, according to the photo on the website or taking into account individual characteristics.
1.6. Production of jewelry in the jewelry workshop Amala Sambar is carried out individually. That is, by request of the client according to his photo / sketch / description, under the necessary stones and the required sizes in due time. That is why we do not return 30% of the cost of production (not related to the cost of materials) in case of refusal or return of goods. They remain as compensation for the time spent.
2. SUBJECT OF THE CONTRACT
2.1. The SELLER undertakes to sell the BUYER the Goods which are the subject of the sale under this Contract on the terms and in the order specified by this AGREEMENT, and the BUYER undertakes to buy the said Goods and to pay the price of the goods in accordance with the conditions and in the procedure determined by this AGREEMENT.
2.2. The SELLER warrants that the Goods are not secured, not in dispute, under arrest, and are not covered by the rights of third parties.
2.3. The SELLER and the BUYER confirm that this Agreement is not a sham, misconduct, an act committed under the influence of violence or fraud.
2.4. The SELLER confirms that he has all the necessary permits for economic activity, which regulates the sphere of legal relations arising and operating in the process of execution of the Agreement, and also guarantees that he has the right to sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be liable in case of violation of the BUYER's rights in the process of execution of the Contract and sale of the Goods.
3. THE CONTRACT OF THE CONTRACT
3.1. In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and the Rules of sale of goods to order and out of the commercial or office premises approved by the order of the Ministry of Economy of Ukraine No. 103, dated 19.04.2007, this document is an offer, and the fact of the Buyer's implementation, orally (by telephone or in the office) or in writing (via the site or e-mail) and receiving this order by the Seller is the complete and undisputed acceptance of this public contract and the information posted on the site.
4. GENERAL PROVISIONS
4.1. All information materials provided in the online store are for reference only and may not fully convey accurate information about the properties and characteristics of the Goods, including colors, sizes and shapes. In case there are questions in the BUYER about the properties and characteristics of the Goods, before the order is placed, the BUYER must contact the SELLER.
4.2. PURCHASE registration The order and its further delivery to the execution means sufficient and complete acquaintance of the PURCHASER with the technical characteristics of the Product, its functionality, with information about the terms of delivery and terms of warranty service.
4.3. In the absence of the Goods ordered in the SELLER's warehouse, including for reasons beyond the control of the SELLER, the SELLER shall have the right to cancel the specified Goods from the BUYER'S Order, and to notify the BUYER by sending an e-mail to the BUYER.
4.4. The order is considered fulfilled at the moment of actual transfer of the Goods, which are part of the Order, to the BUYER on the basis of an invoice signed by the SELLER signed by the BUYER. Upon fulfillment of the Order, the SELLER's obligations to the BUYER are considered fulfilled.
4.5. Ownership of the Goods shall be transferred from the SELLER to the BUYER at the time of delivery of the Goods. Confirmation of the transfer of ownership of the Goods is signed by the BUYER in the invoice (receipts, delivery register, etc.) issued by the SELLER, transport or courier company. The risks of loss or accidental damage to the Goods pass from the SELLER to the BUYER at the time of transfer to the transport or courier company.
4.6. By accepting the terms of this Agreement, the BUYER agrees to the SELLER the right to collect, store, use, distribute and receive information provided by the BUYER in connection with the implementation of this Agreement:
4.6.1. It is necessary for individuals and organizations to ensure the fulfillment of their functions or to provide services to the SELLER in accordance with the agreements concluded between such persons (organizations) and the SELLER.
4.6.2. Necessary in other cases in accordance with the requirements of the legislation of Ukraine
5. PRICE AND ORDER OF CALCULATIONS
5.1. The price of each individual Product is determined by the SELLER at its discretion and published in the online store.
5.2. The price of the Goods and the Order is set in UAH.
5.3. The contract price is equal to the order price. The stated amount may vary depending on the price, quantity or nomenclature of the Goods.
5.4. The BUYER makes 100% payment for the goods in accordance with the Order based on the SELLER's account, unless otherwise stated in the payment account.
5.5. The order is considered paid from the moment of receipt of 100% payment for the goods to the SELLER's settlement account. The fact of such payment indicates that the BUYER agrees to the terms of this Agreement.
5.6. Delivery of the SELLER Order is made after 100% of the payment of the Order.
5.7. In case of incorrect indication of the price ordered by the BUYER of the Goods, the SELLER informs the BUYER on the first occasion to confirm or cancel the Order. If the BUYER cannot be contacted, this Order is considered canceled. If the Order has been paid, the SELLER shall refund to the BUYER the amount paid for the Order by transferring it to the BUYER's account or in another acceptable way.
5.8. The price of the Goods in the online store can be changed by the SELLER unilaterally. The price for the ordered BUYER The goods are not subject to change.
5.9. Until the moment of transfer of the BUYER's funds to the SELLER's account, the goods are not reserved. The SELLER cannot guarantee the availability of the Goods in the SELLER's warehouse in the quantity specified at the time of ordering, and as a result, the terms of processing the Order may increase. If there is a need for a refund, the BUYER SELLERS to make a refund, the BUYER shall inform the Seller of the bank account details to which the Seller is obliged to transfer the funds.
6. OBLIGATIONS AND RIGHTS OF THE PARTIES. WARRANTY OBLIGATIONS.
6.1. Duties of the SELLER
6.1.1. Provide truthful information about the Goods, delivery terms and prices.
6.1.2. To deliver the Goods according to the terms of the Order.
6.1.3. Guarantee compliance of the Product quality with the quality requirements in the territory of Ukraine. Ensure warranty obligations under the terms of this Agreement.
6.1.4. In case of change of delivery time, immediately inform the BUYER about the change of the delivery terms in order to obtain consent to the new conditions of fulfillment of the Order in whole or in part. The SELLER informs the BUYER by telephone or electronic communication.
6.2. DUTIES OF THE BUYER
6.2.1. Provide the SELLER with accurate, truthful and correct information, including when registering in the online store.
6.2.2. To pay for the Goods, in accordance with the Orders, at the prices specified in them.
6.2.3. Upon receipt of the order from the courier to conduct an external inspection of the integrity of the package, and then open it and directly verify the proper external condition of the Goods, the absence of mechanical damage and completeness of its completeness.
6.2.4. In the case of claims, require the delivery service representative to draw up the Act in an arbitrary form in 3 copies. The act must be signed by the BUYER and the employee of the carrier. Where possible, the defects should be fixed by the means of photo or video recording.
6.2.5. In case of handing over to the SELLER of the Product in violation of the terms of the Order, quantity, assortment, completeness, packaging and (or) packing of the Product - not later than 5, following the day of purchase (receipt), calendar days to notify the SELLER of these violations. In this case, the product must be returned in good condition with the preservation of consumer properties and all labels, seals, etc.
6.2.6. Provide accurate passport information so that you can receive orders at the courier company office posted on its website and appear in person with your passport.
6.3. BUYING RIGHT
6.3.1. Require payment of prepayment in case the SELLER cannot fulfill the terms of the Order.
6.3.2. Make changes to the Purchase Order.
6.3.3. Prior to the transfer of the Goods, refuse to execute the Agreement subject to compensation to the SELLER of the transportation costs incurred by the SELLER in connection with the implementation of actions for the implementation of this Agreement.
7. RESPONSIBILITY OF THE PARTIES
7.1. The SELLER is not responsible for the damage caused by the BUYER due to improper use of the Goods ordered in the online store.
7.2. The SELLER shall not be liable for the improper, untimely execution of the Order and its obligations under this Agreement in case of providing the BUYERS with incorrect, false and incorrect information.
7.3. The Parties are responsible for fulfilling obligations under this Agreement in accordance with the current legislation of Ukraine.
7.4. The parties shall be released from liability for full or partial non-fulfillment of their obligations if the non-compliance is due to such insurmountable circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, change of customs rules, restrictions imports and exports that arose regardless of the will of the Parties after the conclusion of this Agreement. A Party which is unable to fulfill its obligations shall immediately notify the other Party thereof and provide documents certifying that such circumstances have been issued by the authorities empowered to do so.
8. DISPUTE CONSIDERATION
8.1. In the event of questions and claims by the BUYER, he must contact the SELLER by telephone or other available means.
8.2. The Parties will take all measures necessary to resolve disputes and disagreements that may arise in the fulfillment of the obligations under the Agreement or in this connection through negotiations.
8.3. In the event that the Parties do not agree, all disputes shall be settled in accordance with the procedure prescribed by the legislation of Ukraine.
9. OTHER CONDITIONS
9.1. This Agreement shall enter into force from the moment of the Buyer's acceptance (execution of the order) and shall remain in force until full fulfillment of the obligations by the parties, except in case of its early termination.
9.2. In the event of questions and claims by the BUYER, he must contact the SELLER by telephone or other available means. The parties will try to resolve all arisen disputes by negotiation, and if the agreement is not reached, the dispute will be submitted to the judicial authority in accordance with the current legislation of Ukraine.
9.3. This agreement, placed on the SELLER used online store at www.amalasambar.com is a public offer. Absence of a signed copy of the Contract between the parties on paper, with the signed signatures of the parties, in case of actual payment by the BUYER to it, is not a reason to consider this Contract not concluded.
9.4. The court's invalidation of any clause of this agreement shall not give rise to the invalidity of the other clauses.
9.5. The Parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment by one of the Parties of the terms of this Agreement and in the cases stipulated by this Agreement and the current legislation of Ukraine.
9.6. In cases not provided for in this Treaty, the Parties shall be governed by the laws in force in Ukraine. In the event that any provision of the Treaty is, or becomes, void, illegal, loses its validity, this is not a ground for invalidation of the entire Agreement. In this case, invalid provisions shall be replaced by new ones in accordance with applicable law, as closely as possible to the content and purpose of the provisions to be replaced.