Public offer agreement
1. GENERAL PROVISIONS
1.1 The following text shall constitute an Agreement between the e-shop quals.ua, hereinafter referred to as the "Seller", and a user of the e-shop services, regardless of status (natural person, legal entity, individual entrepreneur), hereinafter referred to as the "Buyer.
1.2 This Agreement defines the terms and conditions of purchase of vinyl records and accessories, hereinafter referred to as the "Goods", by the Buyer via Seller's online shop.
1.3 The Agreement is public according to Art. 633 and Art. 641 of the Civil Code of Ukraine and is equivalent to "oral agreement" and is legally binding.
1.4. Pursuant to Article 642 of the Civil Code of Ukraine full and unconditional acceptance of the terms of this Agreement-offer, confirming the conclusion of the Agreement on the proposed terms, is the fact of Buyer's payment for the goods ordered at the online shop (or otherwise).
1.5 In this offer, unless the context requires otherwise, the following terms have the following meanings:
"Online Shop" - the Seller's website established for the purpose of entering into Retail and Wholesale Purchase and Sale Agreements, following the Buyer's familiarisation with the Seller's offered Goods in pictures by remote means.
"Seller" - an organisation, regardless of its organisational and legal form, and/or a natural person-entrepreneur who sells goods.
"Goods" - products offered for sale and placed on the quals.ua website
"Buyer" means a natural and/or legal person who places an order on the quals.ua website
"Recipient" - the natural and/or legal person determined by the Buyer, who is to receive the ordered Goods
"Acceptance" - Full and unconditional acceptance by the Buyer of the terms and conditions of the Agreement.
"Order" - individual items from the assortment list of goods specified by the Buyer when placing an order on the website. 2.
2. SUBJECT MATTER OF THE CONTRACT
2.1. The Seller sells and delivers the Goods according to the current price-list published on the website quals.ua and the Buyer pays for and accepts the Goods according to the terms of the Agreement.
3. ORDERING PROCEDURE
3.1. Order placement.
3.1.1. The orders are accepted through the website quals.ua during the working hours of the Seller.
3.1.2 The cost of the vinyl records and accessories doesn't include delivery to the Recipient and is paid separately.
3.1.3 The cost of all types of delivery is indicated in the delivery section of the Seller's website.
3.1.4 However, Seller does not provide purchase and delivery services for goods purchased from third parties on Buyer's order.
3.1.5. If the order has been fully completed and paid for by the Buyer before 12 noon, it is dispatched in a few hours.
3.1.6. If the order is placed after 6 p.m., the order is shipped the next day and paid for according to the delivery rates indicated on the Seller's website.
3.1.7 When placing the order, the Buyer shall specify the Recipient's details as accurately as possible. Incorrect information given by the Buyer can make it impossible to deliver the order on time. In such case delivery will be postponed until Recipient's correct data are clarified but not longer than for 12 hours after the payment has been received from the Buyer.
3.2 Order payment procedure.
3.2.1 The payment for the order signifies the Buyer's consent to the conclusion of this Agreement with the Seller.
3.2.2 The Buyer shall pay the price of the order under the Contract by bank transfer to the Seller's current account. The date of payment shall be deemed the date of receipt of funds to the Seller's account.
3.2.3. The prices for any items of Goods specified on the website quals.ua shall be valid at the time of ordering.
3.2.4. The buyer has the right to confirm or cancel the order until it has been paid.3.2.5 Orders are accepted for execution only after receipt of money on the Seller's account, except for the payment method "In cash on receipt".
3.2.5 Orders are accepted for execution only after the Seller's account has been credited, except for the payment method "In cash upon receipt".
3.2.6 The Buyer shall be notified of the payment for the order to the e-mail address provided when placing the order.
3.2.7 The Buyer shall pay for the services of payment systems and terminals additionally.
3.3 The terms of delivery of the order.
3.3.1 When placing an order, the Buyer shall clearly specify the requirements for its delivery. One order can be for one date, time, address. If you need to congratulate several people at different addresses or at different times at the same address, you must issue the appropriate number of orders.
3.3.2 Delivery of the order is carried out by prior agreement with the Recipient by phone specified by the Buyer in the order.
3.3.3 The fast execution of the order is performed within 2 hours after payment for the order as agreed upon with the Recipient.
3.3.4 Payment for the order and non-cash delivery must be made at least one hour prior to the selected delivery time interval.
3.3.5 The Buyer can make changes in the order no later than 3 hours before the order delivery time. If the order has already been formed, it cannot be cancelled.The Buyer can place and pay for a new order, and pick up the previous order at the pick-up point or, at the request of the Buyer, it can be forwarded to another recipient.
3.4 Execution of the order on public holidays.
3.4.1 The schedule of execution and delivery of orders on public holidays is posted on the website quals.ua in the Shipping section.
3.5 Confidential ordering.
3.5.1 Confidential order shall be executed without prior approval of the recipient.
3.5.2. The Buyer shall be fully responsible for the information provided by the online shop.
4. DELIVERY TIME
4.1 The lead time depends on the location of the recipient. It depends on the complexity of the order: the amount and availability of goods, unforeseen events beyond the Seller's control (traffic accidents, weather conditions, traffic jams, etc.).
4.2 In case of improper delivery of the order through the fault of the Seller (non-compliance of the order with the Buyer's requirements or goods in improper form), see further actions in the "Complaints" section of the quals.ua website.
4.3 The order shall be deemed fulfilled at the moment of its delivery to the Recipient/Buyer and/or his/her authorised representatives.4.4 The agreement between the Seller and the Buyer shall be valid from the moment of its conclusion until the order is handed over to the Recipient / Buyer or his authorized persons.
5. ORDER CREATION. REPLACEMENT OF MISSING COMPONENTS
5.1 The Seller shall create an order in accordance with the Buyer's requirements.
5.2 If the appearance of goods differs from the image on the Seller's website, it cannot be a defect or a reason for refund or replacement of the order.
5.3. All the information materials presented on the website quals.ua are of a reference character and cannot fully convey accurate information about certain properties and characteristics of the Product. If the Buyer has any questions regarding the properties and characteristics of the Goods, before ordering they shall consult with the administrator of the online shop by phone or send a request to the website using the normal ordering procedure.
6. RETURN OF GOODS. RETURN OF GOODS. PAYMENT RETURNS.
6.1 According to the company's rules described in the "Returns" section
6.2 Receiver/buyer may refuse or return the order immediately on receipt.
6.3 The Buyer may return the order by using the feedback form on the website or by sending an email to orders@quals.ua, mentioning the reason and providing the corresponding description and photo as proof.
6.4 In case of replacement or return of goods, the Buyer or the Receiver shall return the previous product in the same condition as it was delivered to him.
6.6 The Seller may refuse to replace or refund the cost of goods in case the Recipient has personal reasons for returning the goods (faulty listening equipment and others) of which the Seller has not been informed.
6.7. In case of rejection of the gift by the Recipient by an advance call, the Buyer can receive the money paid for this order if it has not been dispatched yet.
6.8. In other cases, the Seller shall review the complaint within 3 working days from the date of its receipt, and the results of the review shall be communicated by the Seller electronically.
6.9 If due to the fault of the Seller the order has not been delivered on the day specified by the Buyer or the Recipient, the Buyer shall be entitled to claim compensation, the amount of which cannot exceed the amount of the order.
7. INTELLECTUAL PROPERTY. AUTHOR'S RIGHTS
7.1 Seller is the sole owner of the Quals Trade Mark.
7.2 Clause 2.4 of Article 16 of the Act on Protection of Marks for Goods and Services stipulates that the certificate entitles its owner to use the mark and other rights specified in the Act.
7.3 According to Article 20 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" any infringement of the rights of the owner of the certificate provided by Article 16 of this Law, including without the consent of the owner of the certificate and preparation for such actions, is considered a violation of the rights of the certificate holder which entails liability under the current Ukrainian legislation.
7.4 Violation of the certificate holder's rights shall also be considered as a breach of use of the marks and designations listed in Article 16.5 of this Law in domain names without the certificate holder's consent.
7.5 For legitimate use of the TM - applying it to any goods for which the mark is registered, hereinafter referred to as "Goods", packaging containing such Goods, sign, label, patch, tag or other object attached to the goods, storage of such goods with the said mark for sale, offering it for sale, sale, import (import) and export (export); using it in business documentation or in advertising and on the Internet, including domain names, a separate permit must be obtained.
7.6 If business entities wish to use the TM in their business activities, they may apply for authorisation by writing to shop@quals.ua.
7.7.Due to the presumption of originality of the objects of copyright, all photographic works are original, so they are protected by copyright law without registration and formalities since their creation in all countries according to the "Berne Convention for the Protection of Literary and Artistic Works" of 1886 and the Law of Ukraine "On Copyright and Related Rights" of 1993.
8.TERM OF THE AGREEMENT. PROCEDURE FOR AMENDMENTS
8.1 The acceptance of the Offer by the Buyer shall constitute confirmation of the conclusion of the Contract under the terms and conditions of the Offer.
8.2 The Agreement shall enter into force upon payment of the order by the Buyer and shall remain in force until the Seller has fulfilled its obligations under this Agreement.
8.3 The Seller shall be entitled to amend the text of this Agreement at its discretion at any time and without prior notice to the Buyer. The current (valid) version of the Agreement is always available on the website.
8.4 The Buyer agrees and acknowledges that amendments to the Offer entail such amendments to the Agreement already in force between the Buyer and the Seller; amendments to the Agreement take effect with such amendments to the Offer.
9. CONFIDENTIALITY
9.1 The Seller guarantees the confidentiality of the information that the Buyer provides upon registration or when placing an order.
9.2.The Seller guarantees that the personal data will not be used for selfish purposes, on third-party resources or for spreading spam.
9.3.By placing an order, the Buyer consents to the processing of their personal data stored in the Seller's database solely for the purpose of identifying the Buyer/Recipient for repeat orders and for correct execution thereof.If the Buyer refuses, the Seller will not be able to process the order accordingly.
10.LIABILITY
10.1.The Seller bears all risks related to loss or damage of goods until the moment of their handover to the Buyer.10.2.The Recipient or the one who received the goods in the absence of the Recipient bears all risks related to loss or damage of goods from the moment of their acceptance.
10.3 The Seller is entitled to transfer its rights and obligations to third parties without being relieved of responsibility.
10.4. The Seller shall not be liable for improper use or storage of goods by the Buyer that have been ordered on the quals.ua website.
10.5. In other cases the liability of the Parties shall be determined in accordance with the laws of Ukraine.
10.6. The Parties agree that any disputes which cannot be solved by negotiations shall be resolved in accordance with the current Ukrainian legislation.
DELETION OF USER DATA
Our users have the right to request the deletion of their personal data stored on our website. To ensure the security and privacy of users, we provide the following data deletion procedure:
Data Deletion Request:
Users must send a written request for deletion of their data to orders@quals.ua providing their identification data (e.g. name, email address) to verify their identity.
The request must contain a clear statement of the desire to delete all personal data of the user from our website.
Identity Verification:
We will perform identity verification to ensure that the data deletion request is sent by the user.
For this purpose, we may request additional information or proof of identity.
Data deletion:
After successful identity verification, we will proceed to delete all of the user's personal data from our website.
The deletion may take some time, but we are committed to completing the process within 14 days.
It is important to note that once the data has been deleted, it will not be possible to recover the information.
Deletion Confirmation:
Once the data deletion is complete, we will notify the user of the success of the deletion request to the email address provided in the original request.
Registered address: 24 Kovalevskoho Dacha street, Odesa, Ukraine, 65038, sq. 3
