User agreement

PUBLIC CONTRACT (OFFER)
for ordering, purchase and sale and delivery of goods

This agreement is an official and public offer of the Seller to conclude a contract for the sale of the Goods presented on the mold.com.ua website. This agreement is public, i.e. according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers, regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms of placing an order, payment for the goods, delivery of the goods, return of the goods, liability for an unfair order and all other terms of the Agreement. The Agreement is considered concluded from the moment of clicking the "Confirm Order" button on the checkout page in the "Cart" section and the Buyer receives an electronic confirmation of the order from the Seller.

1. Definitions

1.1. Public Offer (hereinafter referred to as the "Offer") is a public offer of the Seller, addressed to an indefinite number of persons, to conclude a contract for the sale of goods with the Seller remotely (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer.

1.2. Goods or Services – the object of the agreement between the parties, which was selected by the Buyer on the website of the Online Store and placed in the shopping cart, or has already been purchased by the Buyer from the Seller remotely.

1.2. Online Store – the Seller's website at www. mold.com.ua is created for the conclusion of retail and wholesale sales agreements on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.

1.3. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.

1.4. The Seller is an individual entrepreneur Mykola Mykhailovych Kryuchkovyi (identification code 2314507078, a legal entity established and operating in accordance with the current legislation of Ukraine, located at: 41850, Ukraine, Sumy region, Sumy district, Vyry village, Shevchenko Street, 10.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods in accordance with the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance of the terms of the Agreement by the Buyer is the date of filling out the order form posted on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.

3. Placing an  order

3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by e-mail or by phone number specified in the contact section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicions about its validity.

3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to place an order:

3.3.1. Surname and first name of the Buyer;

3.3.2. the address to which the Goods are to be delivered (if delivered to the Buyer's address);

3.3.3. Contact phone number.

3.3.4. Identification code of a legal entity or individual entrepreneur.

3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's cart on the website of the Online Store.

3.5. If any of the Parties to the Agreement needs additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller's operator (. 3.1. of this Offer), the Buyer undertakes to provide the information specified in 3.3 – 3.4. of this Offer.

3.6. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data by the Buyer in the registration form on the website of the Online Store or when placing an Order through the operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.

3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.

3.8. By entering into the Agreement, i.e. by accepting the terms of this offer (the proposed terms of purchasing the Goods), by placing the Order, the Buyer confirms the following:

a) The Buyer is fully familiar with and agrees with the terms of this offer (offer);

b) gives permission to collect, process and transfer personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection, as well as of the fact that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notice to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understandable to them.

4. Price and delivery of goods

4.1 Prices for Goods and Services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for Goods and Services are indicated on the website in UAH including VAT.

4.2 Prices for Goods and Services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The cost of the Products, which is indicated on the website of the Online Store, does not include the cost of delivery of the Products to the Buyer. The Buyer shall pay the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly chosen by the Buyer (carrier).

4.4. The cost of the Goods, which is indicated on the website of the Online Store, does not include the cost of delivery of the Goods to the Buyer.

4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller by sending an e-mail or when placing an order through the operator of the online store.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are credited to the Seller's account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out in the ways specified on the website of the Online Store in the "Payment and Delivery" section.

4.8. Upon receipt of the Goods, the Buyer is obliged to check the compliance of the Goods with the qualitative and quantitative characteristics (name of the Goods, quantity, completeness, shelf life) in the presence of a representative of the delivery service (carrier).
4.9. Upon acceptance of the Goods, the Buyer or his representative confirms by his signature in the sales receipt /or in the order / or in the consignment note for the delivery of the Goods that there are no claims to the quantity of the goods, appearance and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods in case of self-delivery of the Goods from the Seller, or at the time of transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer. 

5. Rights and Obligations of the Parties

5.1. The Seller shall:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided for by law, and during the execution of the Customer's Order.

5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the website of the Online Store. All changes are effective from the moment they are posted.

5.3 The Buyer undertakes:
5.3.1 Prior to entering into the Agreement, familiarize themselves with the content of the Agreement, the terms and conditions of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.

6. Return of goods

6.1. The Buyer has the right to return to the Seller a non-food product of proper quality, if the product does not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The buyer has the right to return the goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Return of the Goods of proper quality is carried out if it has not been used and if its marketable condition, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for by this paragraph shall be approved by the Cabinet of Ministers of Ukraine.

6.2. The cost of the Goods of proper quality shall be returned to the Buyer within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to compliance with the requirements provided. 6.1. of the Agreement, the current legislation of Ukraine.

6.3. The cost of the goods is returned by bank transfer to the Buyer's account.

6.4. The return of the Goods of proper quality to the Seller is carried out at the expense of the Buyer and is not reimbursed by the Seller to the Buyer.

6.5. In case of detection of defects of the Goods within the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to submit claims to the Seller provided for by the Law of Ukraine "On Protection of Consumer Rights". In case of claims for free elimination of defects, the period for their elimination is calculated from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.

6.6. Consideration of the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides documents provided for by the current legislation of Ukraine. The Seller shall not be liable for defects of the Goods that have arisen after their transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, the actions of third parties or force majeure.

6.7. The Buyer shall not have the right to refuse the goods of proper quality with individually defined properties, if the specified goods can be used only by the Buyer who purchased them (including, at the request of the Buyer, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the product has individually defined properties is the difference in the size of the product and other characteristics specified in the online store.

6.8. Return of goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section

7. Liability

7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.

7.2. The Seller shall not be liable for improper, untimely execution of Orders and fulfillment of its obligations in case of provision of false or erroneous information by the Buyer.

7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be exempt from liability for full or partial non-fulfillment of their obligations, if the failure to perform is the result of force majeure circumstances, such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. A Party that is unable to fulfill its obligations is obliged to immediately notify the other Party.

8. Confidentiality and protection of personal data.

8.1. By providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the validity period of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the provision of information by the Seller to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases when the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The Customer is responsible for keeping their personal data up to date. The Seller shall not be liable for improper performance or non-fulfillment of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

9. Miscellaneous
9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the dispute through negotiations, the Buyer and/or the Seller have the right to apply for resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1. Contract. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine. 

ADDRESS AND DETAILS OF THE SELLER:

Individual entrepreneur Kryuchkova Nikolay Mikhailovich
Ukraine, 41850, Sumy region, Sumy district, village Vyry, street
Shevchenko St., 10
from UA413375460000026003015205808 in Sumy branch of JSC CB "PrivatBank"
MFO 337546
Code 2314507078
TIN 2314507078
He is a single tax payer in the amount of 2 gr.
Tel. (050) 9805445

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