1. General provisions
1.1. This Agreement is an official and public offer of
the Seller to enter into an Agreement for the purchase and sale of the Goods
presented on the Website www.leds4.com.
1.2. According to Art. 633 of the Civil Code of
Ukraine, this Agreement is public, and its terms are the same for all buyers
regardless of their status (individual, legal entity, individual entrepreneur).
1.3. By concluding this Agreement, the Buyer fully accepts the terms of this Agreement, including the procedure for placing an order, the order and methods of payment for the Goods, delivery of the Goods, return of the Goods and other terms of this Agreement.
1.4. Acceptance of the terms of this Agreement confirms
that the Buyer has familiarized himself with the content of this Agreement, the
meaning of which is clear to him and does not raise any objections.
1.5. The contract is considered to be concluded from
the moment of placing the order by the buyer by the method specified in clause
3.3 of this contract.
2. Terms used in this Agreement:
2.1. Goods, goods - goods, services, works, information about which are posted (presented) on the Site, namely: LED lamps, power supplies, panels and lighting control panels, light reflectors, LEDs, LED strips, boards and rulers, aluminum profile, reflectors, power cables, light diffusers, electronic boards with drivers, other electronic and electromechanical components, elements for fixing lamps and aluminum profiles, accessories and accompanying materials; services and works for conducting lighting audits, lighting engineering design, development of project documentation, lighting engineering calculation, electrical installation of lamps and chief installation, service and other.
2.2. The site is the Seller's site at the address www.leds4.com, created by order of the Seller, using web technologies, an interactive resource for posting the Seller's commercial and general information on the Internet. It is used by the Seller for business activities, including for the sale of Goods, for the conclusion of retail and wholesale sales contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller using the Internet.
2.3. The Buyer is an able-bodied natural person who has reached the age of 18 (private person), natural person-entrepreneur, legal entity who concluded this Agreement with the Seller for the purpose of purchasing goods/services presented on the Site for use for personal purposes or for economic (entrepreneurial) activities.
2.4. The seller is a legal entity, as well as natural
persons-entrepreneurs who place on the Site information about the sold Goods
that are offered for sale. The name of the Seller is indicated when placing the
Order, as well as in the documents for the transfer
of the Goods to the Buyer.
2.5. Order - selection by the Buyer of individual product items from the list of Goods, information about which is posted (presented) on the Site, by: - placing the Order on the Site in the Personal Workspace by the Buyer (filling in the Order form posted on the Site by the Buyer), - sending the Order to the Seller's e-mail, - placing the Order on the Seller's phone number specified in the contact section of the Site.
2.6. A personal workspace is a closed section of the
Site to which a specific Buyer (one individual or legal entity) has access.
This section is created at the initiative of the Buyer by registering (entering
personal data) in the open special form of the Site. This section is used by
the Buyer to place Orders, pay for Goods, arrange delivery, submit complaints,
as well as to save information about the Goods purchased and the terms of
cooperation with the Seller.
3. Subject of the Agreement and procedure for its
conclusion
3.1. The Seller undertakes to transfer to the Buyer the ownership of the Goods, which the Buyer issued by placing an Order on the Site, and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement.
3.2. This Agreement regulates the purchase and sale of
Goods using the interactive functionality of the Site, including: the rules for
the Buyer's choice of Goods among the items presented on the Site; procedure
for placing an Order on the Site by the Buyer; the order of payment by the
Buyer of the Order placed on the Site; order of delivery of goods ordered on
the Site; the procedure for transferring the goods to the Buyer's ownership and
other essential conditions.
3.3. The date of conclusion of this Agreement - Public Offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of this Agreement shall be considered the date of execution of the Order by the Buyer through:
- placing the Order by the Buyer on the Website in the
Personal Office (filling out the Order form posted on the Website by the Buyer),
- sending the Order to the Seller's e-mail, - placing the Order by phone
specified in the contact section of the Site, provided that the Buyer receives
an electronic confirmation of the order from the Seller. As confirmation of the
Order, the Seller sends the Buyer an invoice or an order form to the e-mail
address specified by the Buyer. If necessary, at the request of the Buyer, the
Agreement can be executed in writing.
4. Order processing procedure
4.1. The buyer has the right to place an Order for any
product presented on the website.
4.2. Products presented on the Site include:
4.2.1. Goods in the Seller's warehouse;
4.2.2. Goods that are scheduled to be delivered to the
warehouse in the near future (marked with a corresponding mark). The term of
delivery of the Seller's warehouse is indicated for such Goods.
4.2.3. Goods, the supply of which is carried out only on the order of the Buyer (marked with the corresponding mark). The term of delivery of the Seller's warehouse is indicated for such Goods.
4.2.4. Goods manufactured by the Seller according to
the individual order of the Buyer. For such Goods, the term of manufacture and
delivery is established in the written contract between the Seller and the
Buyer, or in other documents for the individual manufacture of such Goods.
4.3. The minimum allowable amount and number of units
of the Goods (maximum and minimum) for each Order is set by the Seller
independently and indicated on the Site for each category of Goods.
4.4. The buyer independently places the Order on the
Site by:
placement by the Buyer of the Order on the Site in the Personal workspace (completion by the Buyer of the Order form posted on the Site), sending the Order to the Seller's e-mail, placing the Order by phone specified in the Contact section of the Site. Based on the completed Order, the Buyer receives an invoice or an order form from the Seller. A copy of the relevant document is sent to the Buyer to his e-mail address.
4.5. If the Goods are not in the Seller's warehouse,
the delivery time of the Order may be extended. The Buyer has the right to
replace the missing Product with its counterpart, to refuse this Product or to
cancel the Order.
4.6. The sale of Goods to the Buyer is carried out in
the national currency.
5. The price of the product. Procedure and methods of
payment for the Goods.
5.1. Prices for the Goods are determined by the Seller
independently and are indicated on the Site in hryvnias. The price of the
product does not include the cost of
delivery of the product.
5.2. The Seller has the right unilaterally, without
warning the Buyer, to change the price of the Goods depending on the market
conditions. At the same time, the price of a separate unit of the Product, the
cost of which has been paid in full by the Buyer, cannot be changed by the
Seller unilaterally.
5.3. The cost of delivery of the Goods and other
related services is indicated on the Site.
5.4. The buyer can pay for the ordered Goods in one of the following ways:
5.4.1. with a Visa and MasterCard bank card when
placing an Order using a payment system integrated with the Site (Internet
acquiring), namely:
________________________________________________________________________;
5.4.2. by transferring funds to the Seller's bank
account, according to the invoice received from the Seller.
5.5. When the Seller manufactures Goods according to the Buyer's individual Order, a written contract for the manufacture and delivery of the Goods may be concluded between the Buyer and the Seller, which specifies all the essential terms of the Agreement, including the terms of payment for the Goods.
5.6. In the case of cancellation of the Order or the
procedure for returning the Goods, the funds paid by the Buyer for the Goods
shall be returned to the Buyer. Refunds to the Buyer are made:
to the Buyer's bank card number, from which the Order
was paid, through the payment system integrated with the Site;
to the bank card number provided by the Buyer for
refund, if the payment was made by the Buyer using the Seller's details through
the bank's cash desk;
to the Buyer's current account under the terms of non-cash payment.
Refunds are made upon written application of the
Buyer, with mandatory indication of the following information in the
application:
surname, first name, patronymic, address, contact
phone number and e-mail address of the Buyer;
grounds for refund;
details of the Buyer's bank account/card.
5.7. The refund period is up to 10 banking days after
the Seller receives the Buyer's duly executed written application for refund.
5.8. The Seller has the right to independently
establish the means of payment by the Buyer for individual categories of Goods.
6. Terms of delivery of the Goods
6.1. Delivery of goods purchased on the Site outside
the Kyiv region and within a 15-kilometer zone from the road sign
"Kyiv", which marks the boundaries of the city of Kyiv, is carried
out:
6.1.1. To the points of receipt and shipment of goods
of the transport and courier company (by default - "Nova Poshta") at
the expense of the Buyer.
6.1.2. The seller has the right to unilaterally change the terms of delivery specified in clause 6.1.1. of this Agreement. The changes take effect from the moment they are displayed on the Seller's Website in the relevant section of the new terms of delivery at the Seller's expense. The seller does not have the right to change the terms of delivery established in clause 6.1.1. of this Agreement for the Goods that were previously ordered by the Buyer, before making changes.
6.1.3. Delivery of the Goods directly to the address
of the Buyer's location "to the door" with the involvement of a
transport and courier company is carried out at the expense of the Buyer,
unless otherwise stipulated by a separate written contract between the Seller and the Buyer. The need for delivery of
the Goods to the door of the Buyer must be agreed with the Seller in advance,
before sending the Goods.
6.1.4. Goods are not delivered to temporarily occupied
territories.
6.1.5. The terms of delivery of the paid Goods are determined by the transport and courier company (carrier) taking into account the method of transportation and are counted from the day when the cargo was delivered by the Seller to the branch of the carrier company for further shipment to the Buyer.
6.1.6. The date of shipment of the Goods to the Buyer
is considered to be: - the day of receipt of payment from the Buyer for the
ordered Goods - provided the payment is received by the Seller by 2:00 p.m.; -
the next working day after the date of receipt of payment from the Buyer for
the ordered Goods - provided the payment is received by the Seller after 2:00
p.m.
6.1.7. The seller is not responsible for the violation of the terms of delivery of the Goods by the transport and courier company, which are declared by the transport and courier companies on the websites, at the places of acceptance and delivery of goods and in the official documents of such companies.
6.2. Delivery of Goods purchased on the Site in the
city of Kyiv and within a 15-kilometer zone from the road sign
"Kyiv", which marks the boundaries of the city of Kyiv, is carried
out:
6.2.1. By the Seller's full-time courier at the
Buyer's expense upon purchase of the Goods by the Buyer.
6.2.2. Delivery of the Goods to the Buyer is carried
out during the day, provided that the Seller receives funds from the Buyer for
the Goods by 10:00 a.m. on such day. Otherwise, delivery is made during the
next day.
6.2.3. The Buyer undertakes to coordinate the address
to which the Goods are delivered with the Seller.
6.2.4. The seller has the right to unilaterally change the conditions
deliveries specified in clause 6.2.1. of this
Agreement. The changes take effect from the moment they are displayed on the
Seller's Website in the relevant section of the new terms of delivery at the
Seller's expense. The seller does not have the right to change the terms of
delivery established in clause 6.2.1. of this Agreement for the Goods that were
previously ordered by the Buyer, before making changes.
6.2.5. If urgent delivery of the paid Goods is
necessary, the Seller, at the request of the Buyer, engages a transport and
courier company, whose services are paid for by the Buyer, to provide the
service.
6.3. Self-pickup of the paid Goods is carried out by the Buyer at the address: Kyiv, Liliya Lobanova Street, 3-А, on working days from Monday to Friday from 8:00 a.m. to 4:00 p.m.
6.4. The Seller provides the Buyer with the Goods
accompanying documents issued in accordance with the current legislation of
Ukraine.
6.5. The seller undertakes to make all possible
efforts to comply with the delivery terms indicated on the Site.
6.6. The date of receipt of the Goods is considered to be the date of signing by the Buyer of the document confirming the fact of acceptance of the Goods (bill of lading, act of acceptance and transfer, declaration for forwarding) or the date of actual receipt of the Goods by the Buyer. To issue the Goods, the recipient - the Buyer or his representative - must present a document confirming his identity (passport) and power of attorney, if the Goods are received by the Buyer's representative.
6.7. Upon receipt of the Goods, the Buyer is obliged to check them for mechanical damage and completeness, and in case of inconsistencies on the spot, submit claims to the representative of the transport and courier company or to the Seller's employee responsible for issuing the goods. Otherwise, the Buyer's claims regarding mechanical damage to the Goods will not be accepted or considered by the Seller. The Seller is not responsible for the actions of the company that ensures the delivery of the Goods to the Buyer.
6.8. The Buyer has the right to violate the integrity of the Product's packaging, inspect the Product,
and dispose of the Product in any way at its own discretion only after full
payment. The above does not deprive the Buyer of the rights provided by the Law
of Ukraine "On the Protection of Consumer Rights" regarding the
return of the Goods.
6.9. The Buyer has the right to appoint a third person
as the recipient of the Goods, specifying in the order form the data necessary
for the identification of such a recipient and delivery of the Goods to him.
6.10. The terms of delivery of individual categories
of Goods are set by the Seller on the Site.
7. Conditions for returning the Goods
7.1. The Buyer has the right to replace or return the Goods to the Seller of proper quality, if he did not satisfy him in terms of shape / dimensions / style / color / size or for other reasons it cannot be used by him for its intended purpose. The buyer has the right to exchange or return the Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The replacement or return of the Goods of proper quality may take place if the Goods have not been used and their appearance, consumer properties, seals, labels, as well as the settlement document issued to the Buyer together with the sold Goods have been preserved.
The return or replacement (exchange) of the Goods
ordered by the Buyer on the Site, for reasons unrelated to its quality and key
characteristics, is at the Buyer's expense.
7.2. In the event that defects of the Goods are
discovered during the established warranty
period, the Buyer has the right to present to the Seller the requirements
stipulated by the Law of Ukraine "On the Protection of Consumer
Rights" in accordance with the procedure and within the time limits
established by the legislation of Ukraine.
7.3. Consideration of the requirements stipulated by
the Law of Ukraine "On the Protection of Consumer Rights" is carried
out by the Seller on the condition that the Buyer provides the necessary
documents provided for by the current legislation of Ukraine.
8. Rights and obligations of the parties
8.1. The buyer is obliged to:
8.1.1. Register on the Seller's website by entering
valid personal data to gain access to a personal office;
8.1.2. Before placing the Order, familiarize yourself
with the content of this Agreement and accept its conditions for the purchase
of the Goods;
8.1.3. Before placing the Order, familiarize yourself
with the information about the Product posted on the Site;
8.1.4. Order Goods through your personal desktop on the Site;
8.1.5. Independently determine the method of payment
and delivery of Goods;
8.1.6. Pay for the ordered Product on time;
8.1.7. Upon receipt of the Goods, make sure of its
integrity and compliance with the Order. In case of damage to the Goods and/or
inconsistency with what was specified in the Order, record this in the presence
of an employee of the transport and courier company or an employee of the
Seller;
8.1.8. Check the technical condition/functionality of the Product and its compliance with the technical characteristics declared by the Seller. In case of detection of malfunctions or non-compliance with technical characteristics, immediately notify the Seller.
8.2. The buyer has the right to:
8.2.1. Require the Seller to provide services in
accordance with the terms of this Agreement;
8.2.2. To receive a replacement of a defective/damaged
Product or a refund of the amount paid for the Product, if the defect/damage
was not caused by the Buyer;
8.2.3. Receive a replacement of the Product in case of
non-compliance with the technical characteristics stated on the Site. Or, in
this case, return the full cost of the product.
8.2.4. Get advice from the Seller regarding the
characteristics of the Product and the rules/procedure of placing the Order in
your personal account.
8.3. The seller is obliged to:
8.3.1. Comply with the terms of this Agreement;
8.3.2. Deliver the Goods to the Buyer in accordance
with the terms of this Agreement and the Buyer's Order;
8.3.3. To bear responsibility within the limits of
warranty obligations for the quality of the Product, its service life, for
compliance with the declared characteristics and for the working condition as a
whole;
8.3.4. Deliver the Goods to the Buyer in the proper
configuration, which corresponds to the technical documentation of the Goods;
8.3.5. Ensure the integrity of the Goods during
transportation;
8.3.6. Ensure the placement on the Site of reliable
information regarding the technical characteristics and configuration of the
Product, conditions of its use;
8.3.7. Replace the Goods paid for by the Buyer with own funds or return its value to the Buyer under the conditions specified in this Agreement;
8.3.8. Not to disclose any private information about
the Buyer and not to provide access to this information to third parties,
except for cases provided for by the current legislation of Ukraine, or at the
request of the Buyer himself;
8.3.9. Provide oral consultations to Buyers by phone
or using another means of communication on matters of placing Orders.
8.4. The seller has the right to:
8.4.1. To unilaterally change the terms of this
Agreement, as well as the prices of the Goods, by posting them on the Site. All
changes take effect from the moment of their publication.
8.4.2. Unilaterally suspend the fulfillment of obligations under this Agreement in case of violation of its terms by the Buyer.
8.4.3. Change the information about the Products
presented on the Site, in case of errors and inconsistencies in the technical
characteristics; in case of changes in commercial terms of cooperation with
Buyers; in accordance with changes in tax or customs legislation; in case of
changes in the prices of the Goods and in other cases.
8.4.4. Refuse to replace the Product or refund the
money for the Product in case of unfounded claims by the Buyer, when false or
disputed information is found, which is given by the Buyer as a reason for replacing the Product/refunding the money for the
Product.
8.4.5. To engage third parties at its own discretion
to fulfill its obligations to the Buyer.
9. Liability of the parties
9.1. The parties are responsible for non-fulfillment
or improper fulfillment of the terms of this Agreement in the manner stipulated
by this Agreement and the current legislation of Ukraine.
9.2. The Seller is not responsible for the defects of the Goods that arose 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 circumstances.
9.3. In the event of force majeure, the parties are
released from fulfilling the terms of this Agreement. Circumstances of force
majeure for the purposes of this Agreement mean events of an extraordinary,
unavoidable, unpredictable nature, which exclude the possibility of fulfilling
this Agreement or objectively prevent it, the occurrence of which the Parties
could not foresee and prevent (natural
disasters, epidemics, wars, etc.).
9.4 The conditions indicated on the Site are
preliminary conditions for the purchase of the Goods. The specific conditions
of sale of the Goods may be determined by the Seller during the conclusion of
an individual contract with the Buyer.
10. Confidentiality and protection of personal data
10.1. By accepting the terms of this Agreement, providing his personal data on the website during registration or placing an order, the Buyer gives the Seller his voluntary consent to the processing, use (including the transfer) of his personal data, as well as taking other actions provided for by the Law of Ukraine "On the Protection of Personal Data" without limiting the validity period of such consent.
10.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties for the purpose of ensuring the implementation of sales relations, relations in the field of consumer rights protection, in the field of advertising and marketing research, etc. The Buyer also gives his consent to the transfer (distribution) of his data to transport forwarding and courier organizations, any Banks and/or financial institutions and other third parties (without limitation) at the discretion of the Seller, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
10.3. The buyer is responsible for providing and
keeping his personal data up-to-date. The Seller is not responsible for poor
performance or non-fulfilment of its obligations due to the irrelevance of
information about the Buyer or its inconsistency.
11. Information messages
11.1. By registering on the website, the Buyer gives
the Seller consent to receive informational messages from the Seller and its
partners acting on the basis of the Agreement with the Seller, by means of
short messages (SMS) and e-mail.
11.2. The buyer has the right to refuse to receive
such mailings at any time in the "Personal workspace" section of the
Site.
12. Rules for using materials posted on the Site
12.1. The site contains materials, trademarks
(trademarks), brand names and other materials protected by law, including
texts, photographs, graphic images, video materials.
12.2. All content of the Site is protected by the
legislation of Ukraine and international treaties.
12.3. The buyer or any other third parties have no
right to use the materials posted on the Site, namely: make changes, copy, publish, transfer to third
parties, etc.
13. Other conditions
13.1. This Agreement is concluded on the territory of
Ukraine, it operates within the framework of the current legislation of
Ukraine.
13.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of impossibility of settlement of the disputed issue through negotiations, the Buyer or the Seller has the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
13.3. The seller has the right to make changes to this
Agreement unilaterally. In addition, changes 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.
14. Term of validity of the Agreement and procedure
for its termination
14.1. This Agreement is valid until the parties fully
fulfill their obligations, except for cases of its early termination.
14.2. Prior to the expiration of this Agreement, this
Agreement may be terminated only by mutual consent of the parties before the
actual delivery of the Goods to the Buyer by refunding the Buyer.
14.3. This Agreement may be terminated by a court decision at the
request of one of the parties in the event of a significant breach of the terms
of this Agreement by the other party.
