This contract is an official and public offer of the seller to conclude a contract of sale and purchase of Goods on this online platform, the site https://cogelsa.com.ua/. This contract is public and in accordance with Article 633 of the Civil Code of Ukraine, as well as the terms of this contract is the same for all buyers (individual, legal entity, individual entrepreneur) regardless of the buyer. By concluding this Agreement, the buyer fully accepts the terms and conditions and procedure for placing an order, as well as payment for goods, delivery of goods, return of goods, liability for unfair order, as well as other terms of the contract. The Agreement shall be deemed concluded from the moment of clicking the ‘Checkout’ button on the order placement page in the ‘Shopping Cart’ section and receipt by the Buyer of an electronic order confirmation from the Seller.
1. GENERAL PROVISIONS
1.1. According to the terms of the Public Offer Agreement, the conclusion of contractual relations between the Buyer and the Seller occurs by clicking on the ‘Buy’ button in the appropriate section on the website https://cogelsa.com.ua/. Regardless of the status of the Buyer (individual, legal entity, individual entrepreneur), he agrees to the terms and conditions of the Public Offer Agreement in accordance with international and Ukrainian legislation.
1.2. The Agreement is a public offer, which means that its terms and conditions are the same for all Buyers, regardless of their status. By accepting this Agreement, the Buyer agrees to the terms and procedure of order placement, payment and delivery of goods, as well as the responsibility for bad faith ordering and failure to fulfil the terms of the Agreement.
1.3. The Public Offer Agreement comes into effect from the moment when the Buyer clicks on the ‘Checkout’ button and agrees to purchase the goods available from the Seller. The validity of the Agreement shall continue until the Buyer receives the goods from the Seller and pays the Seller in full.
1.4. To regulate contractual legal relations under the Contract, the Parties shall choose and apply Ukrainian legislation, if necessary. If an international treaty, the consent to be bound by which is granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international treaty shall apply.
‘Public Offer Agreement’ is a sample public contract, which is posted on the website https://cogelsa.com.ua/ and is binding for all Sellers. This contract contains the Seller's offer to purchase the Goods displayed on https://cogelsa.com.ua/ and is intended for an indefinite number of persons, including Buyers.
‘Acceptance’ - is the Buyer's acceptance of the Seller's offer to purchase the Goods, the image of which is posted on the website https://cogelsa.com.ua/, by adding them to the virtual basket and submitting the Order.
2. TERMS AND DEFINITIONS
‘Goods’ is an item of trade, which may be a product, model, accessory, accessories, components, related items or any other items presented for sale on the website https://cogelsa.com.ua/.
‘Buyer’ is any capable natural or legal person, including natural person-entrepreneurs, under applicable international and Ukrainian law, who has visited the website https://cogelsa.com.ua/ and wishes to purchase a particular Goods.
‘Seller’ is any capable natural or legal person, including physical persons-entrepreneurs, according to the current international and Ukrainian legislation, who owns or distributes the Goods and uses the website https://cogelsa.com.ua/ to sell their Goods.
‘Order’ means an application of the Buyer for purchase of certain Goods, which is duly executed and posted on the website https://cogelsa.com.ua/ and addressed to the Seller.
‘Legislation’ means the established norms of international and Ukrainian legislation, which regulate the contractual legal relations arising from the Contract.
‘Material defect of the goods’ means a defect that prevents the use of the goods in accordance with their intended purpose and has arisen through the fault of the manufacturer (Seller). If this defect has been remedied but reappears for reasons beyond the buyer's control, it shall also be deemed to be a material defect.
3. CONTRACT SUBJECT
3.1. According to this Agreement, the seller undertakes to sell the goods on the basis of the order placed by the buyer on the corresponding page of the website https://cogelsa.com.ua/. The buyer undertakes to buy the goods and pay for them according to the terms and conditions set out in this Agreement.
3.2. The Seller warrants that the goods have not been pledged, are not subject to dispute or seizure, and that no third party rights are asserted against them.
3.3. The Seller and the Buyer confirm that this transaction is not a sham or pretence and that they have not been induced to enter into it by duress or fraud.
3.4. The Seller confirms that it has all necessary authorisations to carry out its business activities, which regulate the scope of legal relations arising in the course of execution of this Contract. It also guarantees that it has the right to produce and/or sell the goods without any restrictions in accordance with the requirements of the current legislation of Ukraine. The Seller undertakes to bear responsibility for violation of the Buyer's rights in the process of execution of this Contract and sale of goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. Under the terms of this Contract, Seller agrees to do the following:
Fulfil the terms and conditions of this Contract.
Accept orders from buyers only if the buyer has paid for them.
To deliver the goods to the buyer according to the selected sample on the page of the Website https://cogelsa.com.ua/, the order placed and the conditions of this Agreement.
To check qualitative and quantitative characteristics of the goods during packing in the warehouse.
To inform the buyer about possible additional commission for payment of European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards in this Agreement.
4.2. The Seller has the right to unilaterally suspend the provision of services if the Buyer violates the terms and conditions of this Agreement.
4.3. Seller:
ФОП Козаченко Сергій Володимирович
УКРАЇНА ОДЕСЬКА ОБЛАСТЬ ОДЕСЬКИЙ
РАЙОН С. МОЛОДІЖНЕ ВУЛ. ЛІНІЯ 7 БУД. 1А
ЄДРПОУ 3388402356
Банківський рахунок :
Код отримувача: 3388402356
Рахунок отримувача: UA653052990000026007014921955
Назва банку: АТ КБ "ПРИВАТБАНК"
5. BUYER'S RIGHTS AND OBLIGATIONS
5.1. The buyer must:
To timely pay for and receive the order in accordance with the terms and conditions of the Contract.
Familiarise yourself with the information about the product available on the website https://cogelsa.com.ua/.
Upon receipt of the goods from the courier, make sure that the goods are intact and complete by checking the contents of the packaging. If the goods are damaged or incomplete, draw up a report and sign it together with the courier.
5.2. Buyer has the right to:
To place an order on the corresponding page of the website https://cogelsa.com.ua/.
Demand fulfilment of the terms and conditions of this Agreement on the part of the seller.
To receive information about possible additional fees when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.
6. ORDER PROCESSING
6.1. The customer can place an order on https://cogelsa.com.ua/ by adding the selected goods to the virtual basket by clicking the ‘To basket!’ button, or by ordering the goods by e-mail or by calling the phone number indicated on https://cogelsa.com.ua/.
6.2. The period of order formation is up to 2 working days from the moment of its placement. If the order was placed on a weekend or a public holiday, the period of forming the order starts from the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.4. If the Buyer chooses the method of payment by bank transfer, the payment must be made within three days of receipt of the invoice to the e-mail specified by the Buyer. If payment is not made within the specified period, the order will be automatically cancelled.
7.5. If the Buyer chooses the method of payment by cash on delivery, the amount of the order shall be paid at the moment of receipt of the goods. The Buyer shall bear additional costs for delivery of goods with this method of payment, which shall be specified in Section 8 of this Agreement.
7.6. When paying for an Order by credit card on the Website https://cogelsa.com.ua/, the Buyer shall provide the details of his credit card, including its number, expiry date, cardholder's name and CVV code. If the Seller fails to authorise the payment, the Order will not be fulfilled. The Seller shall not be liable for possible delays or failures in payment of the Order by credit card.
7.7. The refund is made to the same account from which the payment was made. The refund shall be made within 5 (five) working days from the date of receipt of the return of goods or application for a refund. In this case, the commission fee for the transfer of funds shall not be refunded to the Buyer.
8. DELIVERY TERMS
8.1. The buyer can receive the goods by delivery or collect them himself. Information on payment and pick-up procedures can be found on the website page https://cogelsa.com.ua/.
8.2. In case of delivery of goods to other cities of Ukraine or on the territory of other countries, which is carried out by other carrier companies, the buyer fully and unconditionally agrees with the rules of carriage of goods by these carrier companies.
8.3. Upon receipt of the goods delivered by the carrier company, the buyer confirms by his signature that he has received the goods and that he has no claims to their quality on the delivery note, the carrier company's declaration or the delivery note. The seller warrants on his part that the goods will be delivered to the carrier company in accordance with the quantity and completeness specified and paid for by the buyer, in accordance with the technical characteristics of the goods and in proper working order and quality.
8.4. If the buyer is not present at the delivery address indicated by him or refuses to receive the goods without a valid reason when delivered by courier of the shipping company, the goods shall be returned to the commercial centre of departure. The payment for the services of the courier company shall be deducted from the amount that the buyer has paid for the goods. The remaining amount is returned to the buyer on the basis of his application sent to support@cogelsa.com.ua with the details of the bank account to which the money should be returned.
The buyer can ask all his questions related to payment and receipt of goods through the contact information listed in the ‘Contact Us’ section.
9. RETURN POLICY
9.1. According to Article 9 of the Law of Ukraine ‘On Protection of Consumer Rights’, the Buyer has the right to exchange goods of proper quality within 14 days, not counting the day of purchase, unless the seller has announced a longer period. However, there is a list of goods that are not subject to exchange or return.
9.2. If the Buyer decides to return the goods, it must be done in accordance with the terms and conditions of the carrier or courier operating on the territory of Ukraine or on the territory of another country in accordance with the place of receipt of the goods. To return, it is necessary to fill out a complaint form on the seller's website and agree on the replacement of the goods.
9.3. If the goods have defects, the Buyer shall be obliged to document them in a free-form report, which must be signed by the Buyer and the person who delivered the goods or the seller. If possible, the defects shall be recorded by means of photo or video recording. Within one day, the Buyer shall notify the manager (the seller's representative responsible for placing the order for the goods) of the defects and agree on the replacement of the goods.
9.4. It is important to note that if the Buyer does not comply with the mandatory requirements of the return procedure, the Seller acknowledges receipt of the goods in proper condition, without any mechanical damage and fully complete.
10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. Responsibility for non-fulfilment or improper fulfilment of the terms of the Contract shall be borne by the Parties in accordance with the terms of this Contract and the current international and Ukrainian legislation.
10.2. In case of disputes related to the fulfilment of the Contract, except for disputes on debt recovery from the Buyer, the Parties undertake to resolve them through negotiations in accordance with the claim procedure. The claim shall be considered within 7 (seven) calendar days from the date of its receipt. In case of disputes related to debt collection from the Buyer, the claim procedure is not required.
10.3. All disputes, disagreements or claims relating to or arising out of the Contract, including those concerning its performance, breach, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJEURE
11.1. Liability for non-performance is only for payment if the party proves that the breach was caused by force majeure. Such circumstances are events or conditions that are genuinely beyond the control of the party, which occurred after the conclusion of the contract and which are unpredictable and unavoidable.
Force majeure includes, for example, natural disasters, strikes, fires, floods, explosions, icing, wars (whether declared or undeclared), insurrections, loss of goods, carrier delays caused by accidents or weather conditions, dangers and accidents at sea, embargoes, catastrophes, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls) if they directly affected the performance of the contract.
11.2. If a party is unable to fulfil its obligations under the contract due to force majeure, it shall immediately notify the other party in writing of the occurrence of such circumstances and provide confirmation within 30 (thirty) calendar days. The confirmation may be a certificate, certificate or other document issued by an authorised state body located in the place of force majeure.
11.3. If due to force majeure the fulfilment of obligations under the contract has been delayed, the time for fulfilment will be extended for any period of time.
11.4. In case of force majeure circumstances due to which non-fulfilment of obligations under this Agreement continues for more than three months, each of the Parties shall have the right to unilaterally terminate the Agreement with prior written notice to the other Party.
In case of termination of the Contract due to force majeure, the Parties are obliged to make final mutual settlements before termination of the Contract.
12. OTHER CONTRACTUAL TERMS
12.1. Any information the Buyer provides to the Seller is confidential and is used solely to fulfil the Order. This may include sending a message to the Seller to order Goods or sending promotional messages.
12.2. The buyer voluntarily consents to the collection and processing of his/her personal data. This may include the use of the data for commercial purposes, such as processing orders, sending promotional offers and information about promotions. For these purposes, letters, messages and materials may be sent to the Buyer to the postal address, e-mail or telephone number provided in the questionnaire. The Seller undertakes to protect data from unauthorised access by third parties and not to transfer data to any third party, except for the transfer of data to related parties, commercial partners, persons authorised by the Seller to carry out direct processing of data for the specified purposes, as well as at the mandatory request of a competent public authority.
12.3. The Buyer authorises the processing of his/her personal data, including placing it in databases, storing it for life, accumulating it, updating and amending it as necessary.
12.4. If the Buyer does not want to receive promotional mailings, he/she has the right to contact the Seller by writing a statement of refusal to receive promotional materials and sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.