Rules For Buying And Selling Goods In The Online Store
- GENERAL CONDITIONS
1.1 Terms and Definitions
- The following basic concepts are used in these Rules for buying and selling goods in Velmet Online Store:
- Rules - Rules for buying and selling goods in Velmet Online Store
- Buyer - an individual who has reached the age of 18 years and has full civil legal capacity to carry out Order and purchases, orders, uses or intends to purchase or order goods of Velmet LLC at https://velmet.ua/uk/, for personal needs, not associated with the entrepreneurial activity or obligations of the employee.
- Seller - VELMET Limited Liability Company, a legal entity established in accordance with the laws of Ukraine with a registered location: 1, Struzka St., 29000 Khmelnitsky EDRPOU – 37347778
- Website - Internet resource with a domain address https://velmet.ua/uk/
- Email address (e-mail): firstname.lastname@example.org
- Online store "VELMET" - a means for the presentation and / or sale of goods, works or services by electronic transactions on the Site.
- Website address: https://velmet.ua/uk/
- My Account - a personalized site interface with a set of user tools for making purchases from the catalog of the VELMET online store on the Site.
- Goods - a material object put up for sale on the Site.
- Flypage - a set of product information that includes the name of the product, the image of the product on the site, its description, price, feature, color, size, packaging, availability in the store, and more.
- Order - the Buyer's request, duly executed and placed on the Website, addressed to the Seller, for the purchase and delivery of the goods selected on the Website at the address indicated by the Buyer.
- Order Price - the amount to be paid upon receipt by the Buyer of the order, after applying discounts or bonuses, taking into account the cost of delivery. In the calculation of value, the Order includes taxes provided by applicable law. The maximum cost of the Order from one store cannot be higher than 50,000 (fifty thousand) UAH. 00 kop., that is, an order from one store that costs more than 50,000 (fifty thousand) UAH. 00 kop. in the online store "VELMET" is possible only individually after contacting the seller’s call center: tel: +38 (067) 373-87-78; +38 (093) 373-87-78; +38 (099) 373-87-78 (Mon-Fri: from 09:00 to 17:00; Sat: from 09.00 to 14.00).
- Cost of Goods - the monetary expression of the price of goods indicated in hryvnias excluding the cost of delivery of the Order. The cost of the goods is indicated on the invoice provided to the Buyer along with the goods.
- Agreement - a public electronic contract of buying and selling of goods concluded by the Seller with the Buyer at a distance using remote communications (Internet) under the conditions set forth in these Rules. The minimum duration of the contract is determined by the deadline for the execution of the Buyer's order, executed taking into account the conditions of these Rules.
- Courier Company - an appropriate courier company providing the delivery services of an Order which the Buyer chooses from the ones offered on the Site when placing the Order.
- Personal information - personal information (including surname, name, patronymic, date of birth, address, contact telephone number, e-mail address, taxpayer account number (ID) and bank account number (provided only upon registration of the return of the Goods)), voluntarily and knowingly provided by the User upon registration and / or registration of the Order on the Site, and necessary for the execution of the order by the VELMET Online Store.
1.2.These Rules have been developed and approved in accordance with the current legislation of Ukraine, in particular the Law of Ukraine "On E-Commerce", the Law of Ukraine "On Consumer Protection", the Rules of Retail Trade in Non-Food Products, approved by the Order of the Ministry of Economy of Ukraine of April 19, 2007 No. 104, Rules sale of goods to order and out of commercial or office premises, approved by the Order of the Ministry of Economy of Ukraine No. 103, April 19, 2007, other acts of legislation.
1.3.These Rules govern the relationship of the Seller who sells the Customer's Purchase Order by the conclusion of an electronic contract for the sale of goods at a distance by means of remote communication.
1.4.These Terms are binding upon the Seller from the moment they are published on the Site. The Buyer is bound by the Rules only from the moment of conclusion of the Contract. Buyers Rules is a public offer to enter into an Agreement under the terms and conditions set out in these Rules.
1.5.The sale of goods to order on the Site is carried out by concluding an electronic contract between the Buyer and the Seller on the basis of these Rules by offering it to conclude (offer) the Seller and its acceptance (acceptance) by the Buyer. Acceptance (acceptance) may be provided by the Buyer by:
- Registration on the Site and placing an Order in electronic form in accordance with these Rules; or
- Performance by the Buyer of actions considered to be acceptance of the offer to conclude an electronic contract in accordance with these Rules
1.6.The agreement is public and is valid until its full execution by the parties or until its termination by either of the parties in the manner established by the Rules and the current legislation of Ukraine. The terms of the Rules are determined by the Seller independently in accordance with and in compliance with the requirements of the current legislation of Ukraine. The terms of the Rules may be changed unilaterally by the Seller. Changes come into force after their publication on the Site and apply to any Orders placed on the Site after the specified publication of the changes. Placement of Orders on the Site indicates the Buyer's consent to the amendments to the Rules.
1.7.In case, if the current legislation of Ukraine establishes rules that contradict these Rules, the relevant provisions or regulations of the current legislation of Ukraine will have an advantage in the application.
- BUYER'S RIGHTS AND OBLIGATIONS
2.1. The buyer must:
2.1.1. In proper time, pay for Orders in accordance with the established procedure for settlements in these Rules.
2.1.2. Inform the seller about the missing a delivery of the Goods at the time agreed by the Parties.
2.1.3. Comply with the conditions for the acquisition of Goods provided for in these Rules.
2.1.4. Not to commit any actions, the implementation or attempt to commit which provides for criminal, administrative or civil liability established in Ukraine.
2.1.5. Do not use the Goods purchased on the Site for your own needs directly related to entrepreneurial activity or the fulfillment of the duties of an employee.
2.1.6. Other duties in accordance with applicable law and these Rules.
2.2. The buyer has the right:
2.2.1. Order from the Seller any goods information about which is posted on the Site in accordance with the terms of these Rules.
2.2.2. In the event that during the specified warranty period defects are found, in the order and within the time established by law, require:
1) Proportional price reduction;
2) Gratuitous elimination of defects in the goods within a reasonable time;
3) Reimbursement of expenses for the elimination of defects in the goods.
In the event that significant defects are found that have arisen through the fault of the manufacturer of the Goods (Seller), or falsification of the goods, confirmed if necessary by an expert examination within the established warranty period, the Buyer, in the manner and within the time periods established by the legislation and based on these Rules, has the right at his own discretion require seller or manufacturer:
1) Rescission of a contract and return of the sum of money paid for the Goods;
2) Require the replacement of goods with the same product or similar, from among existing at the seller.
2.2.3. Notify the seller in writing of any claims related to the purchase of goods.
2.2.4. Cancel a Contract by notifying the seller of this within fourteen days from the receipt of the Goods at the courier company’s office, if the goods are not satisfied in shape, dimensions, style, color, size or for other reasons cannot be used by them for their intended purpose.
2.2.5. Other rights in accordance with applicable law and these Rules.
- SELLER'S RIGHTS AND OBLIGATIONS
3.1. The seller must:
3.1.1. Ensure the sale of Goods in accordance with these Rules and the requirements of the current legislation of Ukraine.
3.1.2. Inform Buyers of changes to these Rules by posting relevant changes on the Site.
3.1.3. Accept from the Buyer the Goods of good quality within the terms established by law on the conditions established by these Rules.
3.1.4. Ensure the fulfillment of warranty obligations in accordance with the requirements of the Law of Ukraine "On Protection of Consumer Rights" and the Rules.
3.1.5. Receive requests, applications, complaints and suggestions from Buyers and provide answers to them within the period established by law.
3.1.6. Other duties in accordance with applicable law and these Rules.
3.2. The seller has the right:
3.2.1. Make changes to these Rules by posting changes on the Site.
3.2.2. To make changes to the assortment of Goods and change prices for them without agreement with the Buyer except for Goods for which an order has been accepted from the Buyer.
3.2.3. If it is impossible to execute of the contract due to the lack of the ordered Goods, inform the Buyer about this within 3 (three) calendar days, but no later than thirty days from the receipt of the Buyer's order. In this case, the Seller has the right to replace the Product if it is not available with another Product, in case of:
1) another product meets the purpose of using the ordered Goods;
2) has the same or better quality;
3) its price does not exceed the price of the ordered goods.
In this case, the Seller is obliged to coordinate the replacement of the Goods with the Buyer, and the acceptance of the Goods by the Buyer is considered the latter's consent to such a replacement.
3.2.4. Other rights in accordance with applicable law and these Rules.
- PRODUCT INFORMATION
4.1. Information about the name, main characteristics and price of the Goods are posted on the Site by the Seller. The Goods are presented on the Website with photo samples, while the image of the Goods on the Website may differ from the actual image of the Goods depending on the color rendering settings of the corresponding device with which the Website is viewed. The price of the Goods may be changed by the Seller unilaterally at any time until the confirmation of the Order.
4.2. The seller ensures the proper operation (application, use) of the Goods, including components, during the warranty period established by regulatory legal acts, regulatory documents and the like. For goods that do not have legislatively and / or normatively established warranty periods, the warranty period is from 2 weeks to 36 months. The service life of goods is established from the date of putting into circulation or after the repair of the Goods and is valid until the last day of the first calendar month, which has come after the end of the warranty period established for such goods, unless otherwise specified by the accompanying documentation for the goods. The warranty period is calculated from the date of transfer of the goods to the Buyer.
4.3. The functions of accepting claims from consumers, as well as carrying out warranty repairs and maintenance of the Goods are carried out by the Seller. Warranty repair and other services related to the maintenance or warranty repair of the Goods are carried out by the Seller at the following addresses indicated on the site https://velmet.ua/. If during the warranty period it is necessary to determine the reasons for the loss of quality of the Goods, the Seller is obliged to organize an examination of the goods within three days from the date of receipt of written consent from the Buyer. The examination is carried out at the expense of the seller. If the findings of the examination prove that the deficiencies arose after the goods were transferred to the Buyer as a result of a violation of the established rules for use, storage or transportation or the actions of third parties, the requirements of the Buyer are not subject to satisfaction, and the Buyer is obliged to reimburse the Seller for the costs of the examination.
4.4. The rules for the selection and use of the Goods can be found in the information articles on the website for the corresponding goods.
- PROCEDURE FOR ORDERING GOODS ON THE WEBSITE
5.1. The buyer places an order on the Site or by contacting by phone +38 (067) 373-87-78; +38 (093) 373-87-78; +38 (099) 373-87-78 in accordance with these Rules.
5.2. To place an order by phone, you must:
• call +38 (067) 373-87-78; +38 (093) 373-87-78; +38 (099) 373-87-78 (Mon-Fri: from 09:00 to 17:00; Sat: from 09.00 to 14.00);
• name the article code of the product and the size pre-selected on the site;
• To place an order, you must specify the "Name" of the buyer (recipient), "Phone", "e-mail";
• choose a courier company from the ones offered, if such a possibility is provided by the site
• choose the branch of the Courier company or the appropriate store from which it will be convenient to pick up the goods;
• Confirm the order to the manager of the online store.
5.3. To place an Order on the Site, you must:
• by clicking the "Add to Cart" button, add the Item to the cart;
• press the button "Go to the basket";
• check the goods in the basket so that they meet the Size Table, fit the Buyer according to the parameters indicated in the size table, and also match the quantity selected by the Buyer;
• press the button “Place an order”;
• if the Buyer makes a purchase for the first time, you must specify your phone number, “e-mail” and full name for registration. Or make a purchase without registering by specifying your phone number, "e-mail" and full name. If the Buyer is a registered user, enter “e-mail” and “password” to enter the “Personal Account”;
• press the “Continue” button;
• To place an order, it is necessary to indicate the “name” of the buyer (recipient), “telephone”;
• choose a courier company from the list provided, if the site provides such an opportunity;
• choose the branch of the Courier company from which it will be convenient to pick up the Goods or the corresponding store from which it will be convenient to pick up the goods;
• Confirm Order.
5.3.1 To participate in special offers or Promotions, if the Seller offers such, the Buyer must be registered on the Site and carry out the Order through the "Personal Account".
5.3.2 Each subsequent Order issued by the Buyer on the same day is considered a separate Order and purchased as a new one in accordance with these Rules.
5.4. The buyer has the right to place an order by choosing goods available for ordering on the Site. In the absence of the Goods ordered by the Buyer at the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order or cancel the Buyer’s Order by notifying the Buyer by phone or by sending an appropriate electronic message to the address provided by the Buyer during registration, or by other means. In the absence of the Goods, the Buyer has the right to replace it with similar goods, refuse these Goods, and cancel the Order.
5.5. Within one day from the moment of placing the Order on the Site, the Buyer is provided with information about the delivery date by calling the confirmation to the phone number indicated by the Buyer in the Application. The manager serving this Order clarifies the details of the Order, agrees the date and time of delivery, which depends on the availability of the ordered Goods in the Seller’s warehouse and the time required for processing and delivery of the Order.
5.6. The order is considered accepted for execution after the Buyer receives a confirmation letter to an email address, SMS, another electronic message, in particular through the Viber system to the phone number indicated in the Personal Account, confirming the fact of placing the order and after the Buyer provides clarifying information on the Order (if necessary).
5.7. The expected date of transfer of the Order to the courier company, the order number is reported to the Buyer by the manager who serves the Order, by e-mail, SMS message, other electronic message, in particular through the Viber system, or by phone call to the Buyer.
- TERMS OF PAYMENT AND DELIVERY OF GOODS
6.1. Terms of payment and delivery fee for the Order (Product):
Payment of the Order (Goods) is carried out on a prepayment basis by transferring funds to the PrivatBank account in any way convenient for you (cash desk, through the terminal, LIQPAY, Privat24), upon receipt of the Goods you pay only the cost of delivery at the place of delivery (branch of the Courier company or store) in cash or by using electronic means of payment (bank card, etc.). The Buyer recognizes the legitimate payment for goods and services ordered using (confirmation) of the login and password assigned to it on the Site. The Buyer acknowledges that paid goods and services ordered using (confirmation) of the appropriate login and password on the Site are paid directly by such Buyer.
6.2. The cost of the Order, which is indicated in the settlement documents issued when paying for the Goods at the branch of the courier company, includes the cost of delivery.
6.3. The parties agreed that the information on the cost of the Goods and the cost of delivery specified in the delivery note takes precedence over the information that is noted in other documents.
6.5. Product Delivery Order
6.5.1. Delivery of the ordered goods is carried out within a period of 1 (one) to 3 (three) business days from the date of confirmation of the order by the manager, but in any case no later than thirty days from the date of confirmation of the order. On the arrival of the Order to the specified address, the Buyer will be sent an automatic message to the e-mail or mobile phone specified in the Personal Account.
6.5.2. Receiving the goods can be carried out by picking up it from the branch of the Courier company or store. Upon receipt of the Goods, the Buyer checks it for compliance with the order, checks the quality and quantity of the Goods, its integrity, completeness. The buyer has the right to refuse the ordered Goods in full, indicating the reason in the relevant documents. For all controversial issues regarding the order of the Goods and its payment, the Buyer has the right to contact the Seller’s call center: tel: +38 (067) 373-87-78; +38 (093) 373-87-78; +38 (099) 373-87-78 (Mon-Fri: from 09:00 to 17:00; Sat: from 09:00 to 14:00), or by e-mail: email@example.com. If it is not possible to deliver this product (corresponding model and / or size) to the office of the courier company, this information is indicated on the website. In this case, the selected product (the corresponding model and / or size) can be received only by self-delivery in the appropriate store.
- RETURN OF GOODS AND RETURN OF FUNDS
7.1. Return of the goods of the appropriate quality.
The buyer has the right to return the goods of good quality within 14 (fourteen days) from the date of receipt of the goods at the office of the courier company or store. Return of Goods of good quality is made if it has not been used and if its presentation, consumer properties, seals, labels, as well as a settlement document issued to the Buyer along with the sold goods have been preserved. In this case, the seller pays the shipping cost for returning the goods. A list of non-food items of good quality that can be purchased in the VELMET online store and which cannot be exchanged (returned) in accordance with the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172.
If at the time of the exchange a similar product is not on sale, the consumer has the right to purchase any other goods, or receive money back in the amount of the cost of the returned product, or exchange the product for a similar one upon the first receipt of the corresponding product for sale. When returning money, settlements with the consumer are based on the cost of the goods at the time of purchase. Money is returned within seven days. Consumer requirements are considered only after clarifying the name of the customer and the order number, a complete set of goods, packaging, consignment note. Replacement or refund is possible only if all conditions and procedures are followed.
7.2. The buyer has the right to inspect the goods in the branch of the courier company or store and refuse the Goods of good quality if the goods did not satisfy it in shape, dimensions, style, color or for other reasons cannot be used for its intended purpose, after receiving the Order. Goods rejected by the Buyer must be packed in their original undamaged packaging and duly issued return documents in accordance with the Return Policy posted on the seller’s website.
7.3. Partial buyback Order not provided. The buyer has the right to redeem the Order in full or refuse it until the payment of funds for the goods in such an Order.
7.4. In case of returning the Goods of appropriate or inappropriate quality, the Buyer must return the Courier company who delivered the Order to the address of the store from which the Order was sent or by self-delivery of such goods to the corresponding store in which it was received;
7.5. In case of termination of the Agreement (return of goods), a necessary condition for the return of funds for the returned goods is the provision by the Buyer to the Seller of documents confirming the payment (purchase) of the goods that are being returned. According to the terms of these Rules and for the return of funds paid for the Goods, the Buyer is obliged to send the following documents with the Goods:
Please note! Documents are filled out exclusively in Ukrainian.
• a completed and signed “Return Merchandise Application” (located in the Application).
• a completed and signed “Return delivery note” (located in the Application).
• “Delivery note” signed by the Buyer (located in the Application).
• Express waybill, which is issued at the branch of the courier company along with the Order.
• Copies of payment documents confirming the payment (purchase) of the goods that are returned, Application for cash transfer and if payment was made using a credit card, a copy of the payment terminal receipt issued at the branch of the courier company along with the Order.
• Other documents that were issued along with the goods, which indicate the date of sale and warranty (if any).
7.6. The procedure for processing a refund to the Buyer.
In case of receipt of goods at a courier company branch, a refund for returned goods is possible only by bank transfer, namely:
• from the Seller’s current account to the Buyer's current account opened in a bank, in the national currency of Ukraine, which is a resident of Ukraine, including to such a current account of the buyer, operations on which can be carried out using electronic payment instruments (for example, personal bank payment card).
Details for the return of funds for the returned goods The buyer must indicate in the application for the return of goods. Cash refunds are not possible, unless payment for the goods was made in cash at the store. Refunds to the Buyer are subject to the condition that all the necessary documents for the return are filled out properly in accordance with the requirements of the above, within 10 (ten) business days, but in any case no later than 30 (thirty) days from the receipt of the Buyer's notice of termination of the contract and receiving the goods. After transferring funds, the Seller has the right to inform the Buyer by sending a notice to his e-mail address specified in the Personal Account.
7.7. The Buyer has the right to receive the order at the branch of the courier company or store within 5 (five) business days, taking into account the day of receipt of the shipment (Order) at the recipient's (Buyer's) office. If the Order was not claimed by the Recipient (buyer) within the above period, then such a shipment (Order) is considered to be in demand (canceled at the initiative of the Buyer) and returned to the Seller.
7.8. In the application for return of goods the amount is indicated in the amount of the value of the goods that is returned. The cost of delivery of the order is not refundable.
7.9. The product is not subject to replacement and return if:
• the product does not have significant shortcomings, is not new; was in use;
• more than 14 days have passed since the purchase of the goods
• when checking the quality of the goods, signs of extraneous interference were detected (opening, attempted repair) or other conditions of warranty service were violated;
• there is no document confirming the fact of the purchase of goods, complete set of goods.
According to paragraph 3 of Article 4 of the Law of Ukraine "On Protection of Consumer Rights", the consumer is obliged:
• Before starting the operation of the goods, carefully read the operating rules set forth in the product documentation provided by the store;
• If necessary, obtain clarification of the terms and conditions of use of the goods - before using the goods, seek clarification from the managers;
• Use the product in accordance with its intended purpose and adhere to the conditions (requirements, norms, rules) established by the manufacturer;
• in order to prevent negative consequences for the consumer regarding the use of the goods, adhere to the safety rules provided for by the manufacturer in the product and the special rules provided for by the operational documentation, and in the absence of such rules in the documentation, follow the usual clear safety methods established for goods of this kind.
- PROCESSING OF PERSONAL DATA
8.1. In accordance with the requirements of the Law of Ukraine "On Personal Data Protection" dated June 1, 2010 No. 2297-VI, the Seller guarantees the confidentiality of all information provided by the Buyer. The Buyer’s personal data will be stored and processed using automation tools in the seller’s personal database in order to provide information on goods, services sold by the Seller, promotions conducted by the Seller, respond to inquiries, study and analyze consumer demand, as well as the seller’s fulfillment of his obligations to consumers of goods (services).
8.2. Registration on the Site and / or placing an Order on the Site means the consent of the Buyer to the collection, registration, accumulation, storage, adaptation, modification, renewal, use and distribution (distribution, sale, transfer), depersonalization, destruction, personal data of the Buyer, incl. to transfer (access to) personal data to managers, the full list of which is listed on the seller’s website in the “Confidentiality Agreement” section, and at the request of law enforcement, judicial and other state bodies when they fulfill the powers assigned to them by the laws of Ukraine, without receiving additional information from the Buyer consent and without prior notice of such a transfer (access). The agreement on the processing of personal data of the Buyer takes effect from the moment of its submission (registration on the Site) and is valid for 50 (fifty) years if it has not been withdrawn in accordance with Article 8 of the Law of Ukraine "On the Protection of Personal Data" dated June 1, 2010 No. 2297 -VI. After the expiration of this consent, personal data is destroyed. Simultaneously with the granting of consent to the processing of personal data, the Buyer certifies that he received a message about the inclusion of his (her) personal data in the seller’s personal database for the above purpose, as well as information about the rights of the subject of personal data, as defined by the Law of Ukraine “On Personal Data Protection », And about the persons to whom personal data is transmitted, in order to fulfill the specified purpose.
8.3. By registering on the Site, the Buyer agrees to receive information, newsletters with the latest news, new arrivals, special offers and sales announcements through electronic messages, including through the Viber system, e-mail, SMS, MMS and so forth. The buyer has the right to disable the newsletter on his e-mail or phone. To cancel the registration, the Buyer needs to go to the "Delete Account" section. The seller reserves the right to unilaterally cancel / restrict access (blocking) of the Buyer's Personal Account.
9.1. For improper fulfillment or non-fulfillment of the terms of the Rules, the Parties shall be liable in accordance with applicable law and these Rules.
9.2. The buyer is solely responsible for the accuracy and timeliness of payments made by him. The Seller does not compensate or refund the amounts erroneously credited by the Buyer to the accounts of third parties.
- OTHER CONDITIONS
10.1. If the Buyer has complaints or suggestions during the term of the Agreement, he can contact the Seller with an oral statement by calling the Seller’s information and referral service (call center) by phone: +38 (067) 373-87-78; +38 (093) 373-87-78; +38 (099) 373-87-78 (Mon-Fri: from 09:00 to 17:00; Sat: from 09.00 to 14.00); or contact VELMET LLC with a written application at the following address: POB 15, 29000 Khmelnitsky, VELMET LLC or e-mail: firstname.lastname@example.org (round-the-clock), in which the essence of the problem, name and surname, as well as return address. The seller, having received a written application, considers it within 7 (seven) business days from the date of its receipt and provides a written (or in the form in which the Buyer requests) response.
10.2. Opening hours of the VELMET online store:
• Online - round the clock;
• Call center - Mon-Fri: from 09:00 to 17:00; Sat: from 09.00 to 14.00
Disputes between the parties are considered by the court in the manner prescribed by the current legislation of Ukraine.
10.3. The cost of telecommunication services when purchasing the Goods on the Site does not differ from the maximum tariff set by the respective telecommunication service operators.
10.4. Addresses and phone numbers of consumer protection authorities can be found at: http://www.consumer.gov.ua/ContentPages/Kontakti_Terorganiv/139/
10.5. In case of change of the name, legal form or location of the seller, he is obliged to inform the Buyer about this on the Site no later than 20 days after the entry into force of the above changes.
10.6. In case of change of the Buyer's last name, first name or patronymic, he is obliged to notify the Seller about it within 20 calendar days from the date of entry into force of such changes by making the appropriate changes to the account in the “Personal Account” on the Site, but in any case, the implementation of the corresponding order for site.
VELMET Limited Liability Company
20, Shkil’na str.
32632 Struga village
Novoushyts'kyi district, Khmelnitsky region,