SALE AND PURCHASE AGREEMENT FOR GOODS IN THE LUNEVA.WORLD ONLINE STORE
Definitions:
Buyer (Consumer) — an individual who has submitted an Order for the purchase of a Product and has received confirmation from the Seller of its sale and purchase under the terms of this Agreement.
Seller: Sole proprietor (FOP) Iryna Anatoliivna Rakovets (Taxpayer ID 3066517048).
Seller's details: Address: 100A/1003 Lustdorfska Road, Odesa, 65088, Ukraine
IBAN account: UA073220010000026005360028391 at Universal Bank JSC, MFO: 322001
Online store – information published on the Internet at https://luneva.world (hereinafter, the Website), which serves as a means of presenting and/or selling goods by concluding an electronic transaction in an information and telecommunications network at the above address.
Registration requirements – the minimum requirements for the Buyer's personal data needed to identify the Buyer as a person and to cooperate further.
Sale and purchase agreement – the written Order sent by the Buyer to the Seller stating the intention to purchase the Product, together with the Seller's written confirmation that it will sell the Product in the quantity, assortment and at the prices presented in the Online store, which is deemed agreed by the parties.
Distance sale of goods - the conclusion of an electronic contract after the buyer has reviewed the description of the goods provided by the seller, in the manner set out in the Law of Ukraine "On Electronic Commerce", through access to catalogues, brochures, leaflets, photographs and the like using information and telecommunications systems, television, postal or radio communication, or in any other way that rules out the buyer's ability to examine the goods or samples of the goods directly when concluding the sale and purchase agreement;
Recipient (Consignee) — a person authorized to receive the Product and named in the Order.
Product — the Manufacturer's products that are not withdrawn from or restricted in civil circulation and are offered for sale in the luneva.world Online store (hereinafter, the Online store), information about which is published in the relevant sections of the Online store (on the home page, in the Product catalog sections and on the product page).
Order - the Buyer's request, made on the established form, to purchase Products selected in the Online store, sent to the Seller via the Internet in accordance with these Rules and the terms of the agreement.
Estimated delivery date - the period set by the Seller for delivering the Product to the Buyer, depending on the Buyer's location and the delivery time of the delivery services to that region.
1. SUBJECT OF THE AGREEMENT
1.1. In the manner and on the terms set out in this Agreement, the Seller undertakes to transfer to the Buyer's ownership the Product selected by the Buyer under the Order, and the Buyer undertakes to accept and pay for the Product in the manner and on the terms set out in this Agreement.
1.2. Ownership of the Product passes to the Buyer or the Recipient of the Product at the moment the Product is handed over (delivered), provided that the Buyer has paid the full price of the Product in the manner and on the terms set out in this Agreement.
1.3. The Buyer is obliged to read the terms of this Agreement independently, and the Seller is not obliged to inform the Buyer of the Agreement in any additional or other way than by publishing it on the Website.
1.4. The owner of the Online store reserves the right to amend this Agreement unilaterally without any special notice to third parties. The new version of the Agreement takes effect from the moment it is published on the Website, unless the new version provides otherwise.
2. ORDERING THE PRODUCT
2.1. The parties agree that an Order for a Product is finally accepted by the Seller from the moment the Buyer is notified that the Order has been received and is informed of the estimated delivery date of the product.
2.2. An Order for which the Buyer has not been notified of the estimated delivery date of the Product is not accepted and remains in the "IN PROGRESS" status.
2.3. Based on the received Order, the Seller agrees with the Buyer on the quantity, assortment and price of the Product and the estimated date and time of its delivery.
2.4. If the Buyer has questions about the characteristics of the Product before placing an Order, the Buyer may contact the Seller by phone +38(066)3271136
2.5. Prices and the assortment of Products are shown in the "Product catalog" section of the Online store.
2.6. The cost of delivery of the ordered Products by the Seller is calculated separately and paid by the Buyer.
2.7. The price of a Product in the Online store may be changed by the Seller unilaterally. The prices of a Product finally ordered by the Buyer are not subject to change.
2.8. The Buyer undertakes to accept the ordered product delivered to them and to pay for its cost and the cost of delivery.
2.9. The Product and its delivery are paid for by the Buyer on a prepayment basis by non-cash payment within one banking day from the date the Seller notifies the Buyer of the delivery date of the Product.
3. REGISTRATION REQUIREMENTS
3.1. The Buyer undertakes to provide the Seller with the data necessary for registration in the Online store.
3.2. The Buyer is responsible for the accuracy and correctness of the information provided when registering in the Online store.
3.3. The registration data provided by the Buyer is used by the Seller to identify the Buyer when the Product is received and the Order is fulfilled, and for all other actions related to the performance of these Rules and the terms of the agreement.
4. DELIVERY OF THE PRODUCT
4.1. The Product is delivered to those regions that are served by official delivery services. The Seller undertakes to make every effort to ensure delivery of the product to the Buyer within the agreed time, including where delivery is delayed through no fault of the Seller.
4.2. Products are handed over to the Buyer or to the person named by the Buyer in the Order as the Recipient of the Product, provided that the Buyer or the Recipient presents a passport (or another official identity document).
4.3. The risk of accidental loss of or accidental damage to the Product passes to the Buyer at the moment it is handed over to the Buyer or to the person named by the Buyer in the Order as the Recipient of the Product, as confirmed by signatures on the documents for receipt of the Product.
4.4. The Buyer and/or the Recipient of the Product is given a delivery note at the time the Product is handed over.
4.5. By signing the delivery note, the Buyer or the Recipient of the Product confirms that they have no claims regarding the quantity, assortment, completeness and appearance of the Product. When accepting the product, the Buyer or the Recipient must make sure there is no visible mechanical damage to the product and carry out a visual check of the product's quality.
4.6. If the Buyer receives a damaged product, an incomplete product, a product of poor quality, etc., the Buyer must send a claim to the Seller and return the product to the Seller no later than the period provided by the Law of Ukraine "On Consumer Rights Protection".
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Buyer's rights:
5.1.1. The Buyer has the right to buy goods on the Online store website, following the procedure set out in these website rules.
5.1.2. The Buyer has the right to cancel the Order for a Product by informing the Seller no later than the next day after the date the Order was sent to the Seller, and also in the event that the Product does not conform to the Order.
5.1.3. The Buyer has the right to exchange / return the product in accordance with the Law of Ukraine "On Consumer Rights Protection".
5.2. Buyer's obligations:
5.2.1. The Buyer undertakes to use the website on the terms set out in these Rules and terms of the Online Store website.
5.2.2. The Buyer is obliged to pay for the Product using the payment method selected in the Order section and to accept it in the established manner.
5.2.3. The Buyer is obliged to keep their registration data in the Online store confidential and not to disclose it to third parties.
5.2.4. If the data given by the Buyer in the registration form changes, the Buyer is obliged to update it.
5.2.5. The Buyer is obliged to provide complete, detailed and correct information about themselves in the registration form.
5.2.6. When ordering a Product, the Buyer undertakes to state the delivery address for the goods.
5.2.7. The Buyer undertakes to accept the Product in person or through a person named by the Buyer as the Recipient of the Product.
5.3. Seller's rights:
5.3.1. The Seller has the right, immediately and without notice, to restrict or suspend the Buyer's ability to use the website and/or to cancel the Buyer's registration if the Seller detects unlawful actions by the Buyer aimed at causing damage, or that have caused damage, to the operation of the website.
5.3.2. The Seller reserves the right to change the website, in whole or in part, at any time without notifying the Buyer.
5.3.3. The Seller has the right to interrupt the operation of the Online store website, temporarily or completely, without the Buyer's knowledge.
5.4. Seller's obligations:
5.4.1. The Seller undertakes to provide the Buyer with necessary and reliable information about the Product.
5.4.2. In accordance with the Law of Ukraine "On Personal Data Protection", the Seller undertakes to respect the Buyer's right to confidentiality of the information provided in the registration form and when placing the Order.
5.4.3. The Seller undertakes to deliver the product ordered by the Buyer to the address specified by the Buyer, taking into account the terms set out in the "Delivery of the Product" section.
5.4.4. If, due to important circumstances, the Seller cannot sell the ordered Product to the Buyer, the Seller undertakes to offer a similar Product that is the closest to it in characteristics. If the Buyer refuses to purchase a similar or the closest matching product, the Seller is obliged to refund the money to the Buyer, if payment has already been made, within 14 (fourteen) days from the date of payment, upon the Buyer's application and in the manner provided by applicable law.
6. PRODUCT CHARACTERISTICS AND QUALITY GUARANTEE
6.1. The characteristics of each product on the luneva.world Online store website are given in the descriptions published on the website.
6.2. The Seller makes every effort to provide information about the Product as accurately as possible. However, for technical reasons, situations are not excluded in which the information may contain inaccuracies or appear incomplete. Therefore, the Seller reserves the right to correct errors and to change or update information about the Products at any time.
6.3. The Seller is not responsible for the fact that the color, shape or other parameters of products in the Online store may differ from the actual sizes, shapes or colors because of the characteristics of the Buyer's monitor.
7. LIABILITY
7.1. For non-performance or improper performance of obligations under this Agreement, the Parties are liable in accordance with this Agreement and the applicable legislation of Ukraine.
7.2. The Buyer is fully responsible for the accuracy of the data given in the registration form. If the Buyer does not provide accurate data in the registration form, the Seller is not liable for the resulting consequences.
7.3. The Buyer is responsible for their actions when using the Online store website.
7.4. The Seller is released from any liability if the damage arose because the Buyer, disregarding the Seller's recommendations and their own obligations, did not read the terms of this Agreement, even though the Buyer was given the opportunity to do so.
7.5. The Seller is not liable for the actions of third parties (information technology specialists).
8. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
8.1. The Buyer's personal data is processed in accordance with the Law of Ukraine "On Personal Data Protection" and the provisions of this Agreement.
8.2. The Seller takes the necessary technical and organizational information security measures to prevent unjustified dissemination of information and to reduce these risks to a minimum. Such measures include: the use of antivirus tools, placing data storage media in protected data centers, encryption, network address translation and concealment of the internal structure of the Seller's network, and the deployment of appropriate access rights management systems and procedures.
8.3. Data backup is used to protect personal data against accidental loss and/or damage.
8.4. Industry-standard security measures are used to protect confidentiality and security when users interact with the website.
9. FORCE MAJEURE
9.1. The Parties are released from liability for partial or complete non-performance of their obligations under this Agreement if it results from force majeure circumstances (irresistible force beyond the control of the Parties), namely: the threat of war, armed conflict or the threat of such conflict, including but not limited to blockades, military embargo, actions of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, actions of a public enemy, unrest, acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, mutiny, rebellion, mass riots, the introduction of a curfew, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, unlawful actions of third parties, fire, explosion, prolonged interruptions in transport operation regulated by the terms of the relevant decisions and acts of public authorities, etc., as well as circumstances caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, gale, flood, snow accumulation, black ice, hail, frost, mountain pass blockage, earthquake, fire, drought, subsidence and landslide, other natural disasters, etc., decisions of public authorities that make it impossible to perform the terms of the agreement, and other circumstances that are usually recognized as such in business practice, if these circumstances directly affected the performance of the terms of this Agreement.
9.2. The Party invoking Force majeure circumstances must prove that:
- the Force majeure circumstances are beyond the Party's control;
- it was impossible to foresee the occurrence of such circumstances when the Agreement was concluded;
- after the Force majeure circumstances occurred, such Party could not avoid or overcome them;
- the Force majeure circumstances are not caused by the actions (or inaction) of the other Party.
The release from liability applies only to those obligations whose performance is directly prevented by the Force majeure circumstances, and such release is valid only for as long as such Force majeure circumstances continue. Force majeure circumstances are not grounds for release from liability for breach of payment (monetary) obligations under this Agreement.
9.3. A Party that cannot perform its obligations because of Force majeure circumstances must notify the other Party in writing of such circumstances immediately after they occur, but no later than within 3 (three) business days. The existence and duration of Force majeure circumstances must be confirmed by a document issued by the relevant Authority. The Party invoking Force majeure circumstances must provide the original of such document to the other Party within 10 (ten) business days after such circumstances occur.
9.4. If the Force majeure circumstances last more than 2 (two) months or, as can reasonably be expected, will last more than 2 (two) months, or if the Force majeure circumstances have arisen because of the adoption of new legislation, the Parties shall immediately begin negotiations and agree on the amendments to this Agreement that are necessary to enable the Parties to continue performing their obligations under this Agreement in a way that most accurately reflects their original intentions.
10. OTHER TERMS
10.1. This Agreement is governed by the legislation of Ukraine.
10.2. The Buyer warrants that all the terms of this Agreement are clear to them and that they accept them unconditionally and in full. If the Buyer has any questions or claims, the Buyer may call +38(066)3271136 or send an email to lunevaword@gmail.com.
10.3. The parties will try to resolve all disputes through negotiations; if a dispute cannot be resolved through negotiations, it is resolved in court according to the established jurisdiction and venue of such a dispute in accordance with applicable legislation of Ukraine.
I agree to the terms of this Agreement and from this moment confirm that it has been concluded.