The following text is an official public proposal (pursuant to Art. 633, 639, 641 of the Civil Code of Ukraine and Art. 11 of the Law of Ukraine “On e-commerce”) to enter into a Public Agreement for purchase and sale of Goods made available on the Website of Aviatsiya Halychyny (hereinafter referred to as the Agreement).
The Purchaser accepts (provides acceptance of) the terms of this proposal (offer) at the moment of Order completion through clicking on the button “To Order” or “Buy in one click” on the online store Website which means the confirmation provided by the Purchaser about familiarization with the text of this Agreement and consent to its terms. Thereby, the presence of any objections on the part of the Purchaser concerning the provision of his/her consent indemnifies the Seller from any liability resulting from non-performance of terms of this proposal and entitles the Seller to cancel the Order unilaterally.
Before making a purchase of the Goods and/or ordering the Goods on the Website of Aviatsiya Halychyny, please, read the present Offer attentively.
DEFINITIONS OF TERMS
1.1. Aviatsiya Halychyny is a Limited Liability Company “Aviatsiya Halychyny”, EDRPOU code
41257151, location: 79024, Lviv region, Lviv city, Staroznesenska Str., building 24-26.
1.2. The Seller is Aviatsiya Halychyny or another business entity (legal entity or individual entrepreneur) the Goods of which are made available on the Website with the prior consent of Aviatsiya Halychyny.
1.3. The Purchaser is a natural person who has accepted in full and without exceptions the terms of the Agreement (the person who provided acceptance of the Offer) in the manner prescribed by the present Agreement.
1.4. The Seller and the Purchaser are collectively referred to as the Parties.
1.5. The Website of Aviatsiya Halychyny is a set of web pages accessed using a web browser and software modules, related by a single control system, located on the Internet at https://www.aviatsiyahalychyny.com and is intended to provide information and place an order for the Purchaser on the basis of the present Agreement.
1.6. The Goods are the list of non-food items and/or other types of goods, in relation to which the price, name and description are specified, made available on the Website of Aviatsiya Halychyny. The goods can be also accompanied with their images.
1.7. The Order web page is a page which is accessed using a web browser and software modules, related by a single control system, located on the Internet on the Website of Aviatsiya Halychyny that appears after clicking on the button “To Order”; it is intended for placing the information regarding the Goods (name, assortment, quantity and price of the Goods) before completing the Order.
1.7. The Content includes the objects of intellectual property that are posted on the Website of Aviatsiya Halychyny in electronic (digital) format that includes text, image, audio or other files the property rights for which are owned by the Seller and that are provided in various formats and intended for using by the Purchaser for personal purposes by displaying (viewing) them on the Purchaser’s equipment to ensure the Purchaser’s right to information in accordance with part 1 Art. 6 of the Law of Ukraine “On Consumer Protection”. The Content may differ depending on Purchaser’s browser, computer, mobile device and other technical equipment settings.
1.8. The Order is a properly completed request of the Purchaser for purchase and delivery of Goods to the address indicated by the Purchaser.
1.9. The representative of the Purchaser is an individual that demonstrates a printed order or another document that testifies the conclusion of the Agreement with the Seller.
1.10. The Shipper is a legal entity or an individual entrepreneur who has undertaken the commitment for delivery of the Goods to the destination point indicated by the Purchaser under the Agreement.
SUBJECT MATTER OF THE AGREEMENT
2.1. The Seller undertakes to transfer the ownership of the Goods to the Purchaser on the terms and in the procedure specified by this Agreement; the Purchaser undertakes to accept the Goods and pay its price.
2.2. The Goods shall be ordered by the Purchaser exclusively for personal, family, household needs not related to business activities.
2.3. The Content can be used by the Purchaser only for personal purposes by displaying (viewing) exclusively on the Purchaser’s equipment to ensure the Purchaser’s right to information in accordance with part 1 Art. 6 of the Law of Ukraine “On Consumer Protection”. Furthermore, when using the Content, the Purchaser may not:
– use the Content in any way with the aim of transferring it to third parties or providing third parties with the access to the Content;
– use the Content with commercial purposes or with the aim of receiving benefit/profit from any usage;
– remake, modify, rearrange, adapt (this involves alteration undertaken including, but not limited to, for the operation of the Content on specific technical equipment of the Purchaser), change, distribute, publicly display, publish the Content and/or any fragments and/or components of other parts of the Content on the World Wide Web, import, lease and (or) hire out commercially, perform publicly, broadcast or cable, make the Content public;
– place the Content on any resources or perform other deeds in such a way that makes it possible for third parties to get access to the Content.
2.4. The Purchaser assures the Seller that s/he has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of the Agreement in accordance with its terms.
THE PROCEDURE OF ORDERING
3.1. The Purchaser can complete the order on the website on his/her own under the terms of the present Agreement.
3.1.1. The Purchaser completes the Order on the Website of Aviatsiya Halychyny by adding the selected Goods to the virtual “Cart” and by clicking on the button “To Order”. The name, assortment, quantity and price of the Goods that are the subject matter of the present Agreement are determined in the Purchaser’s Order placed through the Web Page of the Order that become available after clicking on the button “To Order”. If the Purchaser expresses his/her desire to complete the Order (accept the Offer), s/he confirms the Order by clicking on the button “Confirm”.
3.1.2. In addition, the Purchaser can complete the Order on the Website of Aviatsiya Halychyny by clicking on the button “Buy in one click”.
3.2. When completing the Order on the Website of Aviatsiya Halychyny, the Purchaser undertakes to provide the following personal information:
First name, surname, last name;
● delivery address;
● phone number;
● other necessary information.
3.3. The Purchaser is responsible for faithfulness of the information provided when completing the Order. In case of errors and/or incomplete data in the fields “First name”, “Last name”, “Phone number” and others, the Seller is completely indemnified from liability resulting from improper fulfilment of the Order.
3.4. The Purchaser is entitled to Order any kind of Goods that are available on the pages of the Website of Aviatsiya Halychyny. The Goods can be ordered in any quantity. Exceptions to this rule are specified in the description of each Product in case of promotions, discontinuation of the Product etc.
3.5. After completing the Order as it is specified in clause 3.1.1. of the present Agreement, the representative of the Seller sends a message to the Purchaser’s contact e-mail address with a confirmation of receiving the Order. Receiving the e-mail notification by the Purchaser means confirmation of accepting the Order by the Seller. The representative of the Seller may further contact the Purchaser (via phone or e-mail) for clarification of the information regarding the terms of the Order and delivery. In case of clicking by the Purchaser on the button “Do not call, order confirmed”, the representative of the Seller is entitled not to contact the Purchaser (via telephone or e-mail) for clarification of the information regarding the terms of Order and delivery; this is the Purchaser’s confirmation concerning faithfulness of information provided when completing the Order. Shipment of the Order(s) can be performed only after full payment for the Goods by the Purchaser.
3.6. After completing the Order as it is specified in clause 3.1.1. of the present Agreement, the representative of the Seller shall contact the Purchaser (via phone) for clarification of the information regarding the terms of Order and delivery. Receiving an SMS and/or e-mail notification by the Purchaser regarding the completed Order is a confirmation of accepting the Order.
3.7. Detailed information about the Order with specifying the name, price and quantity of the selected Goods as well as the total amount of money to be paid is contained on the Order Web page and/or sent to the Purchaser’s e-mail address after placing the order and/or sent by SMS to the phone number specified by the Purchaser.
3.8. If it is impossible to order, purchase and deliver the Goods, the representative of the Seller informs the Purchaser on this (via phone number or e-mail).
3.9. In the absence of the Goods, the Purchaser is entitled to select other Goods of the same value or cancel the Order.
PRICE OF THE GOODS AND THE PROCEDURE OF PAYMENT
4.1. The price of the Goods on the pages of the Website is indicated in hryvnias (UAH) per unit and is informative.
4.2. The price of the Goods specified on the Website can be changed by the Seller unilaterally. The price of the ordered Goods is not subject to any changes after confirmation of acceptance of the order in accordance with clause 3.5., 3.6. of the present Agreement.
4.3. The total price of the order consists of:
– price of the Goods (from all sections of the website) included in the virtual cart;
– price of the Goods delivery.
4.4. The procedure of payment for the Goods is determined in the section “Payment” on the Website of Aviatsiya Halychyny.
DELIVERY OF GOODS
5.1. The procedure, ways and terms of delivery of Goods are indicated on the Website of Aviatsiya Halychyny in the section “Delivery”. The procedure and conditions of delivery of the ordered Goods are agreed by the Purchaser with the representative of the Website.
5.2. The delivery of ordered and bought Goods by the Purchaser shall be carried out by the Seller or the third party (Shipper). When carrying out the delivery of Goods, the Goods are transferred directly to the Purchaser, or the Purchaser’s Representative, or another person specified by the Purchaser.
5.3. To perform the obligations under the present Agreement, the Seller is entitled to involve third parties (legal entities and/or individual entrepreneurs) under the agreements of agency, commission, transportation, etc.
5.4. The cost of delivery of the Goods within each order is calculated based on the weight of all ordered Goods, delivery addresses of the order and delivery rates which are described on the Website of Aviatsiya Halychyny in the section “Delivery” and paid by the Purchaser. Delivery rates may be changed by the selected shipper.
5.5. The Parties agreed that the obligations of the Seller under the Agreement are considered to be performed in full after the transfer (receipt) by the Shipper and/or the third party involved by the Seller (legal entities and/or individual entrepreneurs) under the agreements of agency, commission, transportation, etc of the ordered Goods (in case of carrying out the delivery) or transfer (receipt) by the Purchaser of the ordered Goods (in case of picking up from the Goods pick-up point by the Purchaser on his/her own).
5.6. The transfer of risks and ownership of the Goods from the Seller to the Purchaser occurs at the moment of transfer and acceptance of the Goods.
5.7. The procedure of returning the Goods is stipulated in the section “Exchange product/return”.
LIABILITY OF THE PARTIES
6.1. The Parties shall be liable as it is stipulated by the current legislation of Ukraine and the present Agreement.
6.2. The Seller shall not be liable for:
–inconsistency of the color range of the Goods which may differ from the original Goods due to different color reproduction by personal computer monitors of certain models and/or settings of the browser, computer, mobile device and other technical equipment of the Purchaser through which s/he accesses the Website of Aviatsiya Halychyny;
– content and faithfulness of information provided by the Purchaser when completing the Order;
–delays and irregularities during processing of the Order by the Seller and/or delivery of the Goods by the Shipper and/or the third party involved by the Seller (legal entities and/or individual entrepreneurs) under the agreements of agency, commission, transportation, etc., that occur for reasons beyond their control;
– transfer by the Purchaser of his/her network identifiers (IP, MAC addresses, login and password) to third parties.
6.3. The Seller is not liable for damage caused to the Purchaser as a result of improper use of the Goods ordered on the Website of Aviatsiya Halychyny.
6.4. The Parties are not liable in case of non-performance or improper performance of their obligations under this Agreement and shall not be deemed to have breached this Agreement and shall not be entitled to claim compensation from the other Party for damages caused by a Party’s breach of the terms of this Agreement as a result of such breach, if this non-performance arises from force majeure circumstances.
6.5. All the disputes and/or conflicts arising during the performance by the Parties of their obligations under the present Agreement shall be settled through negotiations. In case of impossibility to resolve the dispute and/or conflict within 60 (sixty) days from the beginning of the negotiations, the Parties are entitled to seek protection of their rights and interests by litigation.
VALIDITY TERM OF THE AGREEMENT
7.1. The Agreement is valid from the moment of its conclusion, i.e. from the moment of acceptance of the Agreement by the Purchaser in the manner stipulated by the present Agreement.
7.2. The Agreement is valid till the moment of full performance of the undertaken obligations by the Parties.
7.3. The Parties may terminate the Agreement earlier by mutual consent.
8.1. All the matters arising from or related to the present Agreement, in particular, concerning its validity, conclusion, execution, amendments, termination, interpretation of its terms, determination of consequences of its invalidation or breach, shall be regulated by the present Agreement and the legislation of Ukraine.
8.2. The present Agreement reflects full agreement between the Parties on the subject matter of the Agreement, and replaces any previous agreements, negotiations, correspondence, letters of intent, as well as any other agreements of the Parties on matters related in one way or another, in writing or orally. Each Party shall irrevocably and unconditionally waive any right it may have to claim reimbursement of damages for and/or termination of this Agreement due to breach of any warranty not contained in the present Agreement or any distortion of the facts regardless of whether or not they are contained in the present Agreement. The Parties agree that they have settled on all essential terms of the present Agreement.
8.3. Each Party admits and agrees on the fact that when concluding the present Agreement they relied on the statements and guarantees of the other Party that are determined by this Agreement. Nothing in this Agreement excludes liability for fraud or deliberate misrepresentation.
8.4. The Seller is entitled to alter the terms of the present Agreement unilaterally, without notifying the Purchaser beforehand. A new edition of the present Agreement shall come into force from the moment of placing it on the Website of Aviatsiya Halychyny.
8.5. All informational materials and/or Content presented on the Website of Aviatsiya Halychyny are for reference only and may not fully convey information about the properties and characteristics of the Goods, including color, size and shape, etc. The content and/or information materials may differ due to different color rendering of personal computer monitors of certain models and/or settings of the Purchaser’s browser, computer, mobile device, other technical equipment through which s/he accesses the Website of Aviatsiya Halychyny. In case the Purchaser has any questions regarding the properties and characteristics of the Goods, etc., the Purchaser has the opportunity to contact the Seller by phone numbers indicated on the website to find out complete information about the Goods before placing an order.
8.6. All SMS and/or e-mail notifications sent in the process of executing the present Agreement shall be considered official correspondence, mandatory and convincing evidence, appropriate in resolving possible claims/disputes arising out of or in connection with the performance of the present Agreement.
8.7. The information provided by the Purchaser is confidential. By own acceptance of the Agreement or registration on the Website of Aviatsiya Halychyny (filling in the registration form) the Purchaser voluntarily gives his/her consents to the collection and processing of personal data in accordance with the Law of Ukraine “On Personal Data Protection” for the following purpose: for commercial purposes (for the Seller carrying out direct and/or indirect marketing), including processing Orders, receiving information about the Order, sending via telecommunication means (e-mail, mobile communication) advertising and special offers, information about promotions, giveaways or any other information about the activities of the Website of Aviatsiya Halychyny.