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CheckoutBy this Agreement, the private entrepreneur Dmytro Zinkevych, hereinafter referred to as the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter jointly referred to as the Parties, have concluded this Public Offer Agreement (hereinafter - the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude a purchase and sale agreement with the Buyers for the Goods, photos and descriptions of which are posted in the relevant section of the online store https://zmoga.com.
Terms and Definitions
"Goods" - products for sale (product, model, accessory, components, and accompanying items, any other trade items) offered by the Seller;
"Online Store" - according to the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, works, or services by making an electronic transaction.
"Seller" - an individual entrepreneur who is the owner or distributor of the Goods and intends to sell them through the zmoga.com Online Store.
"Buyer" - any capable individual, legal entity, private entrepreneur, according to the current legislation of Ukraine, who visited the Online Store and concluded an Agreement with the Seller under the terms outlined below.
"Order" - a properly completed and placed request by the Buyer for the purchase of Goods in the Online Store zmoga.com, addressed to the Seller.
1. General Provisions
1.1. The terms of this Agreement are the same for all Buyers, regulated, and interpreted in accordance with the legislation of Ukraine.
1.2. The Agreement is binding on the Seller from the moment it is published on the Seller's website.
1.3. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic purchase and sale agreement for the goods is considered to be the fact of placing an order or paying for the order by the Buyer under the terms of this Agreement, within the deadlines and at the prices indicated on the Seller's website.
1.4. If the legislation of Ukraine establishes norms that contradict this Agreement, the relevant norms of Ukrainian legislation shall prevail.
1.5. The use of the online store's resource for previewing the Goods, as well as for placing an order, is free of charge for the Buyer.
2. Subject of the Agreement
2.1. The Seller undertakes, under the conditions and in the manner defined by this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Online Store zmoga.com, and the Buyer undertakes, under the conditions and in the manner defined by this Agreement, to purchase the Goods and pay for them.
2.2. The Seller guarantees that the Goods are not pledged, not a subject of dispute, not under arrest, and there are no rights of third parties on them.
2.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or feigned transaction or a transaction concluded under the influence of pressure or deceit.
3. Service Provision Procedure
3.1. The Buyer has the right to place an order for any available goods presented on the Online Store's website.
3.2. Each item can be presented in the order in any quantity.
3.3. If the goods are out of stock, the Seller must inform the Buyer (by phone or via email).
3.4. If the goods are unavailable, the Buyer has the right to replace them with similar goods, refuse those goods, or cancel the order.
3.5. The Buyer independently places the Order on the relevant page of the Online Store zmoga.com by adding the Goods to the virtual cart by clicking the "Add to cart!" button, or by placing an order via email, the phone number listed in the contacts section, or other means of communication.
3.6. The Buyer agrees that the data in the product description and the images of the Goods on the online store's website are informational, and that the manufacturer reserves the right to make changes to the specifications, configuration, technical and software support of the Goods at its discretion without prior notice to the Parties to this Agreement.
3.7. Prices for the Goods may be changed by the Seller unilaterally depending on market conditions. In this case, the price of a single item of the Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4. Order Payment Procedure
4.1. The payment for the Goods can be made in the following ways:
4.1.1. Through third-party online non-cash payment services with which the Seller has concluded relevant agreements. The Buyer selects and makes payment from the list of available methods indicated when placing the order.
4.1.2. By transferring funds to the Seller's current account (IBAN), which is specified in the invoice, including via online banking (the Buyer pays for the Order within three calendar days from the date of receiving the invoice in the amount of 100% prepayment).
4.2. In case of non-receipt of funds, the Seller reserves the right to cancel the order.
4.3. The Seller may provide a discount on the cost of the Goods, the amount of which is determined in the manner established by the Seller.
4.4. If the Goods are not provided in full due to the Seller's fault, the cost of the unprovided Goods is reimbursed by the Seller within three working days from the date of the Buyer's request with a relevant statement.
4.5. The total cost of the Goods under this Agreement is determined by the total cost of the entire order by summing up the amounts indicated by the Buyer.
4.6. The website only indicates the cost of the goods. Bank fees for transfers are not included. When paying with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro, etc., the Buyer's bank may charge an additional fee.
4.7. When the Buyer pays for the order with a payment card, an additional fee may be charged by the financial company providing acquiring services, particularly when the Buyer pays for the order with a payment card issued by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. Clicking the "ORDER" button on the zmoga.com Online Store website in the relevant section means that the Seller has informed the Buyer about the possibility of additional fees being charged when paying for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers.
5. Order Delivery Conditions
5.1. The goods are shipped after the full payment of the order from the warehouse in Ukraine.
5.2. The delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where orders are issued.
5.3. Delivery is possible to any settlement in Ukraine and most countries worldwide and is carried out by "Nova Post," "Ukrposhta," "Mist Express," "USPS" (U.S. Postal Service), "DHL" (German international express delivery company), "Royal Mail" (British postal service).
5.4. Along with the order, the Buyer is provided with documents according to the legislation of Ukraine.
5.5. Delivery of the goods is paid for by the Buyer separately according to the carrier's tariffs. For orders over $50, delivery to postal offices and lockers in Ukraine is free.
5.6. In the process of delivery to other countries, the parcel may be subject to taxes. The amount of taxes depends on the purchase price and the country of delivery.
5.7. The paid goods on the website can only be received by the person to whom the delivery is addressed, with the presence of documents proving identity (Ukrainian citizen passport, international passport, driver's license).
5.8. Shipping of the Goods, depending on its individual characteristics, can take from 1 to 10 calendar days from the moment of payment confirmation.
5.9. If the Goods are custom-made, the Parties may agree on other shipping times.
5.10. The order can be tracked on the carrier company's website by the express consignment number, which the Seller provides to the Buyer after shipping.
5.11. International shipping takes an average of 8-14 working days and largely depends on customs and import processes in the Buyer's country.
5.12. Responsibility for delivery times, integrity, and safety of the goods during transportation is assumed by the transport company from the moment the cargo is handed over from the Seller's warehouse. This fact is confirmed by the issued transport receipt or, according to the carrier company's internal regulations, the consignment note. The receipt serves as proof of the goods being handed over to the delivery service and releases the seller from further responsibility for the cargo during transportation.
5.13. The Buyer is obliged to check the quality of the Goods directly at the moment of receipt at the warehouse of the transport company carrying out the delivery. In case of detecting damage or incomplete set of the Goods, this must be recorded in an act, which, along with the Buyer, should be signed by the service that delivered the Goods to the Buyer.
5.14. If the Buyer is absent at the delivery address specified by the Buyer in the application or refuses to receive the Goods for no valid reason when delivered by the carrier company's courier, the Goods are returned to the shipping point. Payment for the carrier company's services is deducted from the amount paid by the Buyer for the Goods. The remaining amount is returned to the Buyer based on their letter sent to email: [email protected] indicating the current account to which the funds should be returned.
5.15. After the Buyer or their representative receives the Goods, claims regarding the quantity, completeness, and appearance of the Goods are not accepted.
5.16. The Buyer can resolve all questions arising in the process of payment and receipt of the Goods by contacting the contact information in the Contacts section.
6. Rights and Obligations of the Parties
6.1. The Buyer has the right to:
6.1.1. Join this Agreement on the terms proposed by the Seller.
6.1.2. Receive complete information about the Goods sold by the Seller before ordering the Goods.
6.1.3. Receive the Goods of appropriate quality.
6.1.4. Demand the Seller to fulfill the terms of this Agreement.
6.2. The Seller has the right to:
6.2.1. Receive payment for the provided Goods in the manner prescribed by this Agreement.
6.2.2. Receive, store, and use information about the Buyer in accordance with the requirements of the legislation of Ukraine on the protection of personal data.
6.2.3. Unilaterally terminate the provision of services under this Agreement in case of the Buyer's violation of the terms of this Agreement.
6.2.4. Unilaterally make changes to this Agreement provided they are previously published on the website.
6.2.5. Receive a payment receipt for the Goods from the Buyer to the Seller's current account (IBAN).
6.2.6. Refuse to deliver the order to the Buyer if the information provided by the Buyer during the order is incomplete or raises doubts about its validity.
6.3. The Buyer is obliged to:
6.3.1. Before concluding the Agreement, familiarize themselves with the prices and descriptions of the Seller's Goods.
6.3.2. Timely pay for and receive the order under the terms of this Agreement.
6.3.3. Check the conformity, quality, and absence of damage to the Goods directly during receipt at the warehouse of the transport company.
6.3.4. Keep the receipt when paying to the Seller's current account (IBAN).
6.4. The Seller is obliged to:
6.4.1. Provide the Goods of appropriate quality in accordance with the placed order.
7. Liability of the Parties
7.1. The parties are liable for non-performance or improper performance of the terms of this agreement in accordance with the procedures provided by this agreement and the current legislation of Ukraine.
7.2. The Seller is not liable for:
7.2.1. Damage caused to the Buyer as a result of improper use of the Goods purchased by them;
7.2.2. Delays and interruptions in the provision of Services (order processing and delivery of Goods) that occur for reasons beyond its control;
7.2.3. Illegal actions committed by the Buyer using access to the Internet provided by the Seller;
7.2.4. The transfer of the Buyer’s network identifiers – IP, MAC addresses, login, and password – to third parties;
7.2.5. The content and accuracy of the information provided by the Buyer when placing an order;
7.2.6. Minor discrepancies in the color range of the Goods, which may differ from the original Goods solely due to different color rendering of monitors of certain models of personal computers;
7.2.7. Damage or loss of the Goods provided to the transport company for delivery to the Buyer.
7.3. The Buyer, using the access to the Internet provided to them, is independently responsible for damage caused by their actions (personally, even if another person was using their login) to individuals or their property, legal entities, the state, or the moral principles of society.
7.4. The Buyer is responsible for the accuracy of the information specified when placing an order. By accepting (placing an order and further paying for the Goods), the Buyer gives the Seller their unconditional consent to the collection, processing, storage, and use of their personal data in the sense of the Law of Ukraine "On the Protection of Personal Data."
7.5. In the event of force majeure circumstances, the parties are released from the fulfillment of the terms of this agreement. For the purposes of this agreement, force majeure circumstances are understood as extraordinary, unforeseen events that exclude or objectively prevent the fulfillment of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
7.6. The Party that cannot fulfill its obligations under this Agreement due to force majeure circumstances must notify the other Party in writing no later than within 3 (three) calendar days from the moment of their occurrence.
7.7. If the non-fulfillment of obligations under this Agreement due to force majeure circumstances lasts more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other Party in writing. Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties carry out final mutual settlements.
8. Dispute Resolution Procedure
8.1. The Parties make every effort to resolve any differences exclusively through negotiations.
8.2. If the Parties do not reach an agreement, disputes (differences) are resolved in court in accordance with the legislation of Ukraine.
9. Return Procedure
9.1. The return of Goods to the online store is carried out in accordance with the Law of Ukraine "On the Protection of Consumer Rights."
9.2. The period for making a return or exchange request is 14 (fourteen) days from the date of the purchase agreement or at any time before the Goods are sent to the Buyer.
9.3. The return of Goods to the online store is carried out at the expense of the Buyer.
9.4. When returning Goods of proper quality, the online store refunds the Buyer the amount paid for the Goods, deducting compensation for the online store's expenses related to the delivery of the Goods to the Buyer.
9.5. Claims regarding defects found and proven in the Goods are accepted only if the Buyer complies with the following requirements:
9.5.1. Availability of a document confirming the purchase of the Goods from this store, which can be a receipt or invoice;
9.5.2. Availability of the Goods without traces of damage that indicate that the defect could have been or was caused by these damages;
9.5.3. The Goods have not been used;
9.5.4. The Goods have no traces of consumer use: scratches, chips, abrasions, stains, etc.;
9.5.5. The Goods are fully equipped and the manufacturer's packaging is preserved;
9.5.6. All labels and factory markings are preserved;
9.5.7. The Goods maintain their commercial appearance and consumer properties are not violated.
9.6. If a defect or warranty case is found in the Goods, the Buyer must notify the Seller either by phone specified on the website or by email specified on the website. The Buyer must provide a detailed description of the defect, accompanied by photos and videos of the product.
9.7. If necessary, the Seller may require the Buyer to send the Goods for examination. Both the Seller and the Buyer have the right to request an independent examination.
9.8. The period for reviewing the Buyer's application is 7 business days from the date the Seller receives the application for recognizing the warranty case.
9.9. Goods that fall under the list of goods of proper quality that are not subject to exchange (return) in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 172 are not subject to return or exchange.
9.10. The following Goods of proper quality are not subject to return:
9.10.1. Made to individual order;
9.10.2. Goods with personalized engraving, dates, and logos;
9.10.3. Goods whose design has been modified at the request of the customer;
9.10.4. Massage products, including Sadhu boards.
9.11. Claims from the Buyer regarding the quality, completeness, and appearance of the Goods that are not subject to return are accepted only at the moment of receipt at the warehouse of the transport company. If the Buyer, while at the warehouse of the transport company, cannot contact the Seller to discuss the claims, the Buyer must refuse to receive the Goods until further actions are agreed with the Seller. The Buyer must provide the Seller with photo and video evidence of the non-compliance of the Goods.
10. Term of the Agreement
10.1. This Agreement comes into force from the date of conclusion and is valid indefinitely until terminated by either Party in the manner established by the Agreement.
10.2. Before the expiration of the term, this Agreement may be terminated by mutual consent of the Parties before the actual delivery of the Goods, by refunding the money.
10.3. The Parties have the right to terminate this Agreement unilaterally in the event of non-performance by one of the Parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.