This agreement is an official and public offer of PROMVES LLC, EDRPOU 38547374 (hereinafter referred to as the “Seller”) to conclude a contract for the sale of the Goods presented on the website “promves.com.ua” (hereinafter referred to as the “Site”). This agreement is a public agreement, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions 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 and conditions and the procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for a bad faith order and all other terms of the Agreement. The Agreement is considered concluded from the moment the Buyer pays for the order on the terms and at the prices specified on the Seller’s website.
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 remotely with the Seller (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.
1.2. Goods or Service – the object of the agreement of the parties, which was selected by the Buyer on the Site and placed in the basket, or purchased by the Buyer from the Seller remotely.
1.3. Website – the Seller’s website at promves.com.ua is created for the conclusion of retail and wholesale purchase and sale agreements on the basis of the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. The Buyer is a legally 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 the implementation of entrepreneurial activities, or a legal entity or individual entrepreneur.
1.5. The Seller is PROMVES LLC, EDRPOU 38547374, which operates in accordance with the current legislation of Ukraine.
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 under the terms of this Agreement.
2.2. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of registration and payment by the Buyer of the order on the Site. When paying for the order by transferring funds to the Seller’s current account on the basis of the invoice issued, at the request of the Buyer, the Agreement may be executed in writing.
3.1. The Buyer shall place an order on the Website or place an order by e-mail or by phone number (or Viber, WhatsApp, etc.) specified in the contacts section of the Website.
3.2. The Seller has the right to refuse to fulfill the Buyer’s order if the information provided by the Buyer when placing the order is incomplete or raises suspicions about their validity.
3.3 When placing an order on the Site, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. Surname, name of the Buyer.
3.3.2. Delivery method and address to which the Goods should be delivered.
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, and price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the Site.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality services to the Buyer when purchasing goods on the Site.
3.6. When placing an order through a personal appeal of the Buyer to the Seller (hereinafter referred to as an appeal to the Operator) by any available means (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this Offer.
3.7. Acceptance by the Buyer of the terms of this Offer is carried out by placing an order by the Buyer on the Site or by contacting the Operator. After placing an Order through the Operator, the Buyer’s data is entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By entering into the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
а) The Buyer is fully and completely familiarized with and agrees to the terms of this offer (offer);
б) The Buyer authorizes the collection, processing and transfer of 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/she has been notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and 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 notifications 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 Personal Data Protection” is known and understood by him.
4.1 The prices for the Goods and services are determined by the Seller independently and are indicated on the Site.
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 Goods indicated on the Site does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.
4.5. Settlements between the Seller and the Buyer for the Goods are made in the ways specified on the Site in the section “Payment and Delivery”.
4.6. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness).
4.7. Upon receipt of the Goods through the delivery service (carrier), the Buyer or his representative automatically confirms that he has no claims regarding the completeness of the order.
4.8. The ownership and 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 upon self-delivery of the Goods from the Seller, or upon receipt of the Goods by the delivery service (carrier) chosen by the Buyer.
5.1. The Seller is obliged to:
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 by law and during the execution of the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. To change the terms of this Agreement, as well as the prices for the Goods and services, unilaterally by posting them on the Site. All changes come into force from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Site.
5.3.2. In order to fulfill the Seller’s obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient to fulfill the placed Order.
6.1. The Buyer has the right to return to the Seller non-food goods of good quality if the goods cannot be used for their intended purpose. The Buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of good quality is carried out if they have not been used and if their presentation, consumer properties, packaging, as well as a document confirming payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The Buyer shall be refunded the money paid for the Goods of good quality within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 6.1. of the Agreement, the current legislation of Ukraine.
6.3. The Seller shall refund to the Buyer the funds paid for the Goods by bank transfer to the Buyer’s account, less compensation for the Seller’s expenses related to the execution of the order (costs associated with the implementation of non-standard equipment, additional options, costs associated with packaging and transfer of goods to the carrier, etc.)
6.4. Return of the Goods of good quality shall be made at the expense of the Buyer.
6.5. In case of detection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make 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 shall be calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.6. Consideration of the requirements provided for by the Law of Ukraine “On Consumer Protection” is carried out by the Seller, provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Seller shall not be liable for defects in 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, actions of third parties or force majeure.
6.7. The Buyer shall not be entitled to refuse the Goods of good quality with individually defined properties if the said Goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, equipment, cable length, etc.) Confirmation of the fact that the product has individually defined properties is the difference in characteristics from those indicated on the Site.
7.1. The Seller is not responsible for damage caused to the Buyer or third parties due to improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper, untimely fulfillment of the Order and its obligations in case the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer are responsible for fulfilling 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 released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will of the Seller and / or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with 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 Personal Data Protection”, without limiting the validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information 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 where the disclosure of such information is required by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9.1 This agreement is concluded on the territory of Ukraine and is governed by 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 resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller shall have the right to amend this Agreement unilaterally as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
The online store promves.com.ua (hereinafter referred to as the Site) pays great attention to the protection of personal data of its users. Users of the Site can browse the pages of the Site without providing any personal data about themselves. However, in order to provide services related to the purchase of goods presented on our Site, we need your contact information so that we can contact you, confirm the order and deliver the ordered goods to you. We do not disclose your personal data to third parties and protect their confidentiality.
1.2 Confidentiality of personal data is a prerequisite for the store to comply with the access to the User’s personal data, with the requirement to prevent their dissemination without the consent of the User or other legal basis.
1.4 In case of disagreement with the terms of the Policy, the User must stop using the Site.
1.5 This Policy applies only to the Website. The Site does not control and is not responsible for third-party sites to which the User can click on the links that may be available on the Site.
1.6 The Site Administration does not verify the accuracy of personal data provided by the User of the Site.
1.7 The User acknowledges that in case of negligence of the User’s own attitude to the safe storage of his/her login and password, which gives access to his/her personal data, third parties may gain unauthorized access to the account, personal and other data of the User. The Website is not responsible for the consequences caused by this. We recommend that the Users use complex passwords consisting of numbers and letters. The User can change the password for access to their data by using the corresponding function in their personal account on the Website.
2.1 The Site collects personal data, namely: first name, last name, contact phone number, e-mail address, delivery address. We can also clarify and receive from you the information necessary to fulfill the order by any available means of communication.
2.2 Other information is provided by the User at his/her discretion.
2.3 The site does not collect IP addresses of users.
3.1 The Site collects and stores only the personal data that is necessary to provide services for the processing and fulfillment of your orders.
3.2 The Site collects data to communicate with the User, including submitting a notification of the provision of the service, informing the User about the availability of goods, confirming the order, delivering the goods ordered by the User, for the courier service to communicate with the User, as well as for processing requests and applications from the User.
3.3 The processing of the User’s personal data is carried out without any time limit, in any legal way.
4.1 We do not transfer the User’s personal data to third parties, except in cases determined by the legislation of Ukraine.
4.2 The disclosure of the User’s personal data is made when the User orders goods on the Site. In particular, the User agrees that the Site has the right to transfer personal data to courier services, delivery services, solely for the purpose of fulfilling the User’s order placed on the Site, including the delivery of the Goods.
4.3 In case of loss or disclosure of personal data, the Website informs the User about the loss or disclosure of personal data.
4.4 The Site takes the necessary organizational and technical measures to protect the User’s personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
5.1 The User may at any time change (update, supplement, delete) the personal information provided by them or part of it by using the appropriate function in their personal account on the Site.
7.1 All suggestions or questions regarding this Policy should be reported to the Website User Support Service using the contact information specified in the Contacts section of the Website.