1. General Provisions
1.1. This offer is an official proposal by the INDIVIDUAL ENTREPRENEUR CHITRA, hereinafter referred to as the "Seller," to conclude a Distance Sales Agreement for goods through the Online Store, hereinafter referred to as the "Agreement," and places the Public Offer on the official website of the Seller https://shivmed.com/ (hereinafter - the "Website").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's proposal (acceptance) to conclude an electronic agreement for the sale of goods is considered the fact of payment by the Buyer for the order under the terms of this Agreement, within the timeframes and at the prices indicated on the Seller's Website.
2. Concepts and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
- "Goods" - a material object, item, information about which is posted on the Website;
- "Online Store" - in accordance with the Law of Ukraine "On E-Commerce", a means for presenting or selling goods, work, or services by making an electronic transaction;
- "Seller" - a company selling goods presented on the Website;
- "Buyer" - an individual who has concluded an Agreement with the Seller on the terms set forth below;
- "Order" - a selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement governs the sale and purchase of goods in the Online Store, including:
- the Buyer's voluntary choice of goods in the Online Store;
- the Buyer's independent placement of an order in the Online Store;
- payment by the Buyer for the order placed in the Online Store;
- processing and delivery of the order to the Buyer's ownership under the terms of this Agreement.
4. Order Placement Procedure
4.1. The Buyer has the right to place an order for any product presented on the Online Store Website that is in stock.
4.2. Each item can be represented in the order in any quantity.
4.3. If the goods are out of stock, the Company's Manager is obliged to notify the Buyer (by phone or via email).
4.4. If the goods are out of stock, the Buyer has the right to replace them with a similar product, refuse the product, or cancel the order.
5. Payment Procedure
Cash on Delivery
5.1. Payment is made upon receipt of the goods at the transport company's branch in cash in Hryvnias.
5.2. In case of non-receipt of funds, the Online Store reserves the right to cancel the order.
Payment via NovaPay System
5.3. Payment is made on the website at the time of placing the order.
5.4. In case of non-receipt of funds, the Online Store reserves the right to cancel the order.
6. Delivery Terms
6.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where orders are issued. Delivery can also be carried out by courier to the address specified when placing the order.
7. Rights and Obligations of the Parties
7.1. The Seller has the right to:
- unilaterally suspend the provision of services under this agreement in the event of the Buyer's violation of the terms of this agreement.
7.2. The Buyer is obliged to:
- timely pay for and receive the order under the terms of this agreement.
7.3. The Buyer has the right to:
- place an order in the Online Store;
- conclude an electronic agreement;
- require the Seller to fulfill the terms of this Agreement.
8. Liability of the Parties
8.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
8.2. The Seller is not liable for:
- changes in the appearance of the Goods made by the manufacturer;
- minor discrepancies in the color range of the product, which may differ from the original product solely due to the different color rendering of personal computer monitors of various models;
- the content and truthfulness of the information provided by the Buyer when placing an order;
- delays and interruptions in the provision of Services (order processing and product delivery) occurring for reasons beyond its control;
- unlawful actions committed by the Buyer using this access to the Internet;
- transfer by the Buyer of their network identifiers - IP, MAC address, login, and password to third parties.
8.3. The Buyer, using the access to the Internet provided to them, is independently liable for damage caused by their actions (personally, even if another person was under their login) to persons or their property, legal entities, the state, or moral principles.
8.4. In the event of force majeure circumstances, the parties are released from fulfilling the terms of this agreement. Force majeure circumstances for the purposes of this agreement mean events of an extraordinary, unforeseen nature that exclude or objectively hinder the execution of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The Parties make every effort to resolve any differences exclusively through negotiations.
9. Other Conditions
9.1. The Online Store reserves the right to unilaterally make changes to this agreement subject to its prior publication on the website https://shivmed.com/
9.2. The Online Store was created to organize a distance method of selling goods over the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for goods), the Buyer gives the Seller their unconditional consent to the collection, processing, storage, and use of their personal data within the meaning of the Law of Ukraine "On Personal Data Protection".
9.4. Payment by the Buyer for the order placed in the Online Store means full agreement of the Buyer with the terms of the sale and purchase agreement (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms in accordance with Art. 11 of the Law of Ukraine "On E-Commerce".
9.6. The use of the Online Store resource for previewing the product, as well as for placing an order by the Buyer, is free of charge.
9.7. Information provided by the Buyer is confidential. The Online Store uses information about the Buyer exclusively for the purpose of processing the order, sending messages to the Buyer, delivering the product, making settlements, etc.
10. Return Policy for Goods of Proper Quality
10.1. Return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.
10.2. Return of goods to the Online Store is carried out at the expense of the Buyer.
10.3. Upon the return of a product of proper quality by the Buyer, the Online Store refunds the money paid for the product upon the fact of return, deducting the compensation of the Online Store's expenses related to the delivery of the product to the Buyer.
11. Term of the Agreement
11.1. An electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response regarding the acceptance of this proposal in the manner defined by Part Six of Article 11 of the Law of Ukraine "On E-Commerce".
11.2. Prior to expiration, this Agreement may be terminated by mutual consent of the parties before the actual delivery of the goods by means of a refund.
11.3. The Parties have the right to unilaterally terminate this agreement in case of non-fulfillment of the terms of this Agreement by one of the parties and in cases provided for by the current legislation of Ukraine.
ADDRESS AND REQUISITES OF THE SELLER:
Individual Entrepreneur CHITRA
EDRPOU (Tax ID): 3004821747
Legal Address: Ukraine, 42324, Sumy region, Sumy district, village of Postolne, building 35
Phone: +38 099-786-87-94
E-mail: office@shivmed.com
Current Account: UA763052990000026006035200805
Bank Name: JSC CB "PRIVATBANK", MFO 305299
Registered in EDR: record No. 26230000000003865 dated 03.06.2015