Terms

This Agreement is a public agreement — a Public Offer Agreement; therefore, pursuant to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, sole proprietor). By fully agreeing with this Agreement, the Buyer accepts the terms and procedure for placing an order, paying for the goods, and delivering the goods.
This Agreement is entered into between Sole Proprietor “INSERT SOLE PROPRIETOR” (the online store “elboxeo.com.ua”) (hereinafter — the “Seller”) and any legal entity, sole proprietor, or individual user of the online store services, hereinafter referred to as the “Buyer”, and includes all essential terms for organising distance selling (i.e., via the online store).
The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine “On Consumer Protection” No. 1023-XII dated 12 May 1991, and by the Rules of Retail Trade in Non-Food Products approved by the Order of the Ministry of Economy of Ukraine No. 104 dated 19 April 2007.
This agreement is a public offer, is equivalent to an “oral agreement”, and, in accordance with the current legislation of Ukraine, has proper legal force.
1. General provisions
1.1. This agreement is a public offer (in accordance with Articles 633 and 641 and Chapter 63 of the Civil Code of Ukraine) and contains all essential terms for organising distance selling, i.e., through the online store.
1.2. Pursuant to Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of the public agreement, i.e., the public offer of the online store, is the fact of clicking the link “LIST PURCHASE BUTTONS”.
1.3. The public offer is also deemed accepted upon the Buyer’s registration on the online store website.
1.4. By entering into the Agreement, the Buyer confirms that they have fully read and agree with its terms and, if the Buyer is an individual, gives consent to the processing of their personal data for the purpose of enabling the performance of this Agreement, settlements, and issuing invoices, acts and other documents. Consent to the processing of personal data is valid for the entire term of the Agreement. In addition, by entering into this Agreement, the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that the scope of the Buyer’s rights as a personal data subject is known and understood.
2. Terms and definitions
2.1. “Online store” — the Seller’s website (“elboxeo.com.ua”) created for concluding retail sale agreements based on the Buyer’s familiarisation with the description of the Goods offered by the Seller in photographs via the Internet, which excludes the possibility of direct familiarisation of the Buyer with the Goods — a distance selling method.
2.2. “Goods” — a list of item names from the assortment presented in the online store.
2.3. “Personal data” — any information that directly or indirectly relates to an identified person or a person who can be identified.
2.4. “Material defect of the Goods” — a defect which makes the use of the goods impossible or unacceptable according to its intended purpose, arose due to the fault of the manufacturer (Seller), reappears after being remedied for reasons beyond the consumer’s control, and has at least one of the following features:
a) it cannot be remedied at all;
b) remedying it requires more than fourteen calendar days;
c) it makes the goods substantially different from what was provided for by the agreement.
3. Subject of the agreement
3.1. The online store undertakes to transfer the goods into the Buyer’s ownership, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.
3.2. This agreement governs the sale and purchase in the online store, including:
a) the Buyer’s voluntary selection of goods in the online store by categories;
b) the Buyer’s independent placing of the order on the online store website;
c) payment by the Buyer for the order placed in the online store;
d) fulfilment and transfer of the order to the Buyer into ownership under the terms of this Agreement.
4. Order placement procedure
4.1. The Buyer places an order online in the online store independently or using telephone communication via the contacts indicated in the online store.
5. Cost and payment procedure
5.1. The full cost of the goods is indicated on the Seller’s online store pages.
5.2. Prices for goods and services may change depending on market conditions, which is reflected in the online store prices. The Seller may not change the price for a particular Buyer if the Buyer has already accepted the Seller’s terms and paid for the goods (services) in the manner established by this Agreement.
5.3. The Buyer pays for the order within 4 business days (in the amount of 100% prepayment) by bank transfer to the Seller’s current account indicated in the invoice, including via Internet banking.
6. Delivery of the order
6.1. Shipment of the goods to the Buyer is made after the Seller receives 100% payment under the issued invoice.
6.2. Delivery and return of the goods is carried out by the Seller or a transport company (carrier) at the Buyer’s expense. The total delivery period may not exceed 10 days.
6.3. Delivery cost is not indicated in the online store, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering wholesale batches, delivery terms and methods are agreed separately in each specific case.
6.5. The Seller is not responsible for the delivery time of the order, as it depends on the actions of third parties (carriers).
6.6. Payment for delivery is made by the Buyer to the carrier company independently upon receipt of the goods. The exact delivery cost is determined by the carrier company.
7. Return of goods of proper quality
7.1. The Buyer has the right to exchange goods of proper quality for similar goods from the seller from whom they were purchased if the goods did not satisfy them in terms of shape, dimensions, style, colour, size, or for other reasons cannot be used for their intended purpose under the following conditions:
A) the goods are provided to the Seller for exchange within no more than fourteen days, not counting the day of purchase;
B) the goods may be exchanged if they have never been used, show no signs of use, and their commercial appearance is preserved, as well as consumer properties, seals, labels, films; the integrity of the packaging of both the goods and its accessories is not violated;
C) the goods have no scratches, chips, scuffs, are fully functional;
D) the complete set of the sold goods is preserved;
E) the goods may be exchanged upon presentation by the Buyer of the settlement document issued to the Buyer together with the sold goods.
7.1.1. The requirements of clause 7.1 do not apply to goods which, pursuant to Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On the implementation of certain provisions of the Law of Ukraine ‘On Consumer Protection’”, are included in the list of goods of proper quality that are not subject to exchange (return).
7.2. If the goods do not meet the conditions specified in subclauses A–E of clause 7.1, the Seller has the right to refuse to exchange the goods.
7.3. Transport costs for delivering the goods for exchange under clause 7.1 are borne by the Buyer.
7.4. In the event of an exchange, the warranty period is calculated anew from the day of the exchange.
7.5. If at the time of exchange there is no similar goods available for sale, the Buyer has the right to purchase any other goods from the available assortment with appropriate recalculation of value, or to terminate the agreement and receive a refund in the amount of the value of the returned goods, or to exchange the goods for similar goods upon the first availability of such goods for sale.
8. Rights and obligations of the parties
8.1. The Buyer is obliged to:
a) familiarise themselves with the information about the goods posted on the Seller’s website;
b) place an order on the website independently;
c) timely pay for and receive the order from the carrier under the terms of this agreement;
d) upon receiving the goods from the carrier, ensure its integrity and completeness by inspecting the contents of the package. If damage or incomplete contents are found, record them in a report which must be signed by the Buyer and the carrier’s employee.
8.2. The Buyer has the right to require the online store to comply with the terms of this agreement.
8.3. The online store is obliged to:
a) comply with the terms of this agreement;
b) transfer the goods to the Buyer in accordance with the selected sample posted in the online store, the placed order and the terms of this agreement;
c) the online store is not liable, cannot act as a defendant in court and does not compensate losses incurred by the Buyer due to actions or inaction of third parties.
8.4. The online store has the right to:
a) unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
9. Procedure for acceptance of the goods by the Buyer
9.1. When receiving the goods at the carrier’s warehouse, from a courier, or from the Seller, the Buyer must check the external integrity of the packaging, then open it and directly ensure the proper external condition of the goods (absence of mechanical damage) and completeness.
9.2. If at least one of the deficiencies listed in clause 9.1 is present, the Buyer must record it in an act in free form. The act must be signed by the Buyer and the carrier’s employee or the Seller. Within 1 (one) day from the signing of the act, the Buyer must notify the manager (Seller’s representative responsible for placing the order for the goods) about the identified deficiencies and agree on the replacement of the goods.
9.3. The parties agree that in case of failure to comply with the mandatory requirements of the specified procedure, the goods are considered received by the Buyer in proper condition — without any mechanical damage and with full completeness.
9.4. In the event that within the established warranty period (shelf life) material defects are found which arose due to the fault of the manufacturer (Seller), or counterfeit of the goods confirmed by an expert opinion, the Buyer, in the manner and within the time limits specified by the manufacturer’s warranty obligations and taking into account the terms of this offer agreement, has the right at their discretion to require from the Seller:
9.4.1. termination of the agreement and return of the amount paid for the goods;
9.4.2. replacement of the goods with the same goods or similar goods from those available from the Seller.
9.5. In such a case, upon confirmation by the Seller of material defects of the goods and at the Buyer’s request, the paid funds are returned to the Buyer to the details specified by them within 7 (seven) calendar days from the return of the goods.
9.6. In cases of replacement of defective goods, the carrier’s service is paid by the Seller.
9.7. In any case, the return of the goods must be made in the original packaging in which the goods were received, while preserving the commercial appearance and consumer properties.
9.8. All issues not regulated by this offer agreement related to the procedure and conditions of warranty repair or replacement of goods when defects are detected during the warranty period (shelf life) are governed according to the warranty obligations defined by the manufacturer of the relevant goods; if such warranty obligations are not set by the manufacturer — according to the current legislation of Ukraine.
10. Liability of the parties
10.1. The parties are liable for non-performance or improper performance of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.
10.2. In the event of force majeure, the parties are released from performing the obligations under this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unavoidable, unforeseeable nature which exclude or objectively prevent the performance of this Agreement, the occurrence of which the parties could not foresee and prevent by reasonable measures.
10.3. The party referring to force majeure must notify the other party in writing via email within five calendar days of the occurrence of such circumstances.
10.4. If, due to force majeure, non-performance of obligations under this Agreement lasts more than five months, each party has the right to terminate this Agreement unilaterally by notifying the other party in writing.
10.5. The parties shall make maximum efforts to resolve any disagreements exclusively through negotiations.
11. Other terms
11.1. The online store reserves the right to unilaterally amend this Agreement with prior publication on the website “elboxeo.com.ua”.
11.2. The online store is created to organise a distance selling method through the Internet.
11.3. The online store is not responsible for the content and accuracy of information provided by the Buyer when placing an order.
11.4. The Buyer is responsible for the accuracy of information provided when placing an order.
11.5. Payment by the Buyer for an order placed in the online store means the Buyer’s full agreement with the terms of the sale agreement (public offer) of the online store and is the date of conclusion of the sale agreement between the Seller and the Buyer.
11.6. Use of the online store resource to view goods and to place an order is free of charge for the Buyer.
11.7. Information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purposes of the online store operation (sending the Buyer notifications about order fulfilment, sending promotional messages, etc.).
11.8. By accepting this Agreement or registering on the website “elboxeo.com.ua” (filling out the registration form), the Buyer voluntarily gives consent to the collection and processing of their personal data in the Seller’s registered database “Contractors” for the following purpose: the data that become known to the Seller will be used for commercial purposes, including processing orders, providing information about orders, and sending via telecommunications (email, mobile communications) advertising and special offers, information about promotions, draws, or any other information about the store’s activity. For the purposes provided in this clause, the Seller has the right to send letters, messages and materials to the postal address and email of the Buyer, as well as send SMS messages and make calls to the phone number specified in the form.
11.9. The Buyer authorises the Seller to process their personal data, including: placing personal data into the Buyer’s databases (without additional notice), storing data indefinitely, accumulating, updating and changing them (as necessary). The Buyer undertakes to protect the data from unauthorised access by third parties and not to disclose or transfer data to any third party (except for transferring data to related persons, commercial partners, persons authorised by the Seller to directly process data for the stated purposes, as well as upon a mandatory request of a competent state body).
11.10. If the Buyer does not wish to receive mailings, the Buyer has the right to contact the Seller by sending a statement refusing to receive promotional materials to the postal or email address.
12. Term of this agreement
12.1. This agreement enters into force on the day of placing an order or registering in the online store “elboxeo.com.ua” and remains effective until all terms of the agreement are fulfilled.
Regulation on the processing and protection of personal data in personal data databases owned by the seller
Contents
1. General concepts and scope of application
2. List of personal data databases
3. Purpose of personal data processing
4. Procedure for personal data processing: obtaining consent, notification of rights and actions with personal data of the personal data subject
5. Location of the personal data database
6. Conditions for disclosure of personal data to third parties
7. Protection of personal data: methods of protection, responsible person, employees who directly process and/or have access to personal data in connection with performing their official duties, personal data retention period
8. Rights of the personal data subject
9. Procedure for handling requests of the personal data subject
10. State registration of personal data databases
General concepts and scope of application
Definitions of terms:
personal data database — a named set of ordered personal data in electronic form and/or in the form of card files;
responsible person — a designated person who organises work related to the protection of personal data during their processing in accordance with the law;
owner of the personal data database — an individual or legal entity that, by law or by the consent of the personal data subject, is granted the right to process such data, approves the purpose of processing in this database, determines the composition of such data and processing procedures unless otherwise established by law;


Recipient name: Sole Proprietor INSERT SOLE PROPRIETOR
Recipient code: INSERT SOLE PROPRIETOR CODE
Recipient account: INSERT SOLE PROPRIETOR ACCOUNT
Bank name: INSERT BANK NAME