PUBLIC AGREEMENT
(public offer to enter into a contract for the sale of goods)
1 DEFENITION OF TERMS
1.1. For the purposes of this public sale and purchase agreement, the following terms shall have the following meanings:
1.1.2. Goods – non-food consumer goods that are offered for sale at a distance under the terms of this Agreement by means of remote communication (Internet) in the ZIG-ZAG brand online store.
1.1.3. Seller – the online store of the brand “ZIG-ZAG”, located on the website: zigzagwood.com Location, contact details and mode of operation of the Seller, as well as payment and delivery terms to the Buyer, are indicated on the website zigzagwood.com
1.1.4. Website – zigzagwood.com.
1.1.5. User – any legally capable person, a visitor of the Website who accepts the terms of the Agreement and who wants to place an Order on the website zigzagwood.com.
1.1.6. The Recipient of the Goods is any legally capable person designated by the Buyer in the relevant Order for the Goods as the recipient of the Goods.
1.2. For the purposes of this Agreement, all terms specified in clause 1.1. of this Agreement shall be used exclusively in the meaning specified in clause 1.1. of this Agreement, regardless of the use of these terms in the singular or plural form, or in other grammatical forms, cases and/or constructions.
1.3. All other terms not specifically defined in this Agreement shall be perceived and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business practices, as well as the purpose and subject matter of this Agreement.
2 SUBJECT OF THE AGREEMENT
2.1. In the manner and under the conditions established by this Agreement, the Seller undertakes to transfer the Goods selected by the Buyer to the Buyer, and the Buyer undertakes to accept and pay for the Goods in the manner and under the conditions established by this Agreement.
2.2. The ownership of the Goods passes to the Buyer at the time of delivery (transfer) of the Goods and subject to full payment by the Buyer of the cost of the Goods
3 GENERAL PROVISIONS
3.1. The Seller sells the Goods through the Online Store at zigzagwood.com.
3.2. By ordering the Goods through the Online Store, the Buyer agrees to the terms of sale of the Goods set forth below (hereinafter referred to as the Terms of Sale of Goods), as well as to the terms of sale and delivery of the Goods posted on the website zigzagwood.com
3.3. The terms and conditions of sale of goods, as well as information about the goods presented on the Website, are a public offer in accordance with Article 633 of the Civil Code of Ukraine.
3.4 These terms and conditions may be changed by the Seller unilaterally without notice to the Buyer. The new version of the Terms comes into force from the moment of its publication on the Site, unless otherwise provided.
3.5. The User/Buyer’s consent (hereinafter referred to as the Agreement) shall enter into force from the moment of confirmation of acceptance of the Order from the Buyer by the Seller when the Buyer places the Order without authorization on the Site, as well as from the moment of acceptance of the Order from the Buyer by phone.
3.5.1. The contract for the retail sale of the Goods shall be deemed concluded from the moment the Seller issues a receipt, cash or sales receipt or other document confirming payment for the goods to the Buyer.
3.5.2. By providing the Seller with his e-mail and phone number, the User/Buyer agrees to the use of these means of communication by the Seller, as well as by third parties involved by him for the purpose of fulfilling obligations to the Users/Buyers, in order to send advertising and informational mailings containing information about discounts, upcoming and current promotions and other events of the Seller, about the transfer of the order for delivery, as well as other information directly related to the fulfillment of the Buyer’s obligations under the Public Offer. By placing an Order, the User/Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
3.6. Communication between the User/Buyer and Call Center operators/managers and other representatives of the Seller shall be based on the principles of generally accepted morality and communication etiquette. It is strictly forbidden to use obscene words, swearing, offensive language, as well as threats and blackmail, regardless of the form in which they are addressed.
4 PRODUCT AND PURCHASE PROCEDURE
4.1 The Seller ensures the availability of the Goods presented on the Website in its warehouse. The photos accompanying the Goods are simple illustrations of the Goods and may differ from the actual appearance of the Goods. The description/characteristics accompanying the Goods do not claim to be exhaustive and may contain misprints. To clarify information about the Goods, the Buyer must contact the Customer Support Service.
4.2. In the absence of the Goods ordered by the Buyer in the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order/cancel the Buyer’s Order by notifying the Buyer by sending a corresponding e-mail to the address specified by the Buyer when ordering the Goods (or by calling the operator of the zigzagwood.com Call Center).
4.3. The Buyer shall be fully responsible for providing false information that has resulted in the impossibility of the Seller’s proper fulfillment of its obligations to the Buyer.
4.4. In case of cancellation of the prepaid Order in whole or in part, the cost of the canceled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid for.
4.5. The Buyer places an order independently and at his own discretion chooses the available and offered for sale Goods on the Site, and independently fills out and sends the “Ordering” form to the Seller, in which, in particular, he must indicate his surname, name, contact phone number, and, if desired, e-mail.
4.6. After placing an Order on the Website, the Buyer is provided with information about the estimated delivery date by sending an e-mail to the address specified by the Buyer when ordering the Goods or by phone. The manager who serves this Order specifies the details of the Order, agrees on the delivery date.
4.7. The expected date of transfer of the Order to the Delivery Service shall be notified to the Buyer by the manager servicing the Order by e-mail or by a control call to the Buyer. The date of transfer of the Goods may be changed by the Seller unilaterally if there are objective reasons, in the opinion of the Seller.
5 DELIVERY OF THE ORDER
5.1. Delivery of the Goods is carried out by courier delivery services in the form of sending the Goods by cash on delivery. The methods of delivery of the Goods are indicated on the Site in the “Payment and Delivery” section at zigzagwood.com. Specific delivery times can be agreed by the Buyer with the Call Center operator when confirming the order.
5.2. Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
5.3. The Goods shall be delivered to the Buyer or the Recipient in packaged form.
5.4. In the absence of the Buyer’s ability to receive the Order, which is paid by cash, the Order may be delivered to a person who can provide information about the order (dispatch number and / or name of the recipient), as well as pay the cost of the order in full to the delivery service that delivers the Order.
5.5. The risk of accidental damage to the Goods passes to the Buyer from the moment the Order is transferred to him and the Recipient of the Order indicates it with his signature in the documents confirming the delivery of the Order.
5.6. In order to avoid cases of fraud, as well as to fulfill the obligations specified in clause 5.4. of this Agreement, upon delivery of a prepaid Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as to indicate the type and number of the document provided by the Recipient on the receipt for the Order. The Seller guarantees the confidentiality and protection of the Recipient’s personal data.
5.7. The cost of delivery of each Order is calculated individually, taking into account the weight of the Goods, region and method of delivery, and is indicated on the Site at the last stage of placing the Order.
5.8. The Seller’s obligation to transfer the goods to the Buyer shall be deemed fulfilled upon receipt of the shipment by the Buyer, as this moment is determined in accordance with the applicable rules of the delivery service.
5.8.1. The procedure for delivery and opening of Parcels containing goods is determined by the current rules of courier delivery services.
5.9. The User understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the performance of which ends at the time the Recipient receives the Goods and makes payment for them. Claims to the quality of the purchased Goods arising after receipt and payment for the Goods shall be considered in accordance with the Law of Ukraine “On Protection of Consumer Rights” and the Seller’s warranty obligations.
6 PAYMENT FOR GOODS
6.1. The cost of the Goods is indicated in UAH on the Site. With regard to the incorrect indication of the cost of the Goods ordered by the Buyer, the Seller informs the Buyer about this to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled.
6.2. The cost of the Goods on the Site may be changed by the Seller unilaterally. In this case, the cost of the Goods ordered by the Buyer is not subject to change.
6.3. Payment for the Goods shall be made by the Buyer:
6.3.1. in cash upon receipt of the Order in the amount corresponding to the amount of the Order specified on the Site, including discounts;
6.3.2. by non-cash funds using bank cards when placing an Order in the amount corresponding to the amount of the Order specified on the Site, including discounts.
6.4. The Seller has the right to provide discounts on the Goods and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for accrual are determined by the Seller independently and are indicated on the Site and may be changed by the Seller unilaterally.
6.5. Payment of all bank and/or payment system fees shall be made at the expense of the Buyer.
7 RETURN OF GOODS AND REFUND
7.1. Return of the Goods is carried out in accordance with the section “Returns and Exchanges” indicated on the Site: https://zigzagwood.com/. The Buyer has the right to refuse the received Goods and terminate the Sale and Purchase Agreement within 14 calendar days from the date of receipt of the Goods, excluding the day of purchase. The returned Goods with all seals and labels must be sent by the Buyer to the branch of the courier delivery service, indicating the recipient and delivery address. The goods shall be sent at the expense of the Seller.
7.2. Return of the Goods of good quality:
7.2.1. The return of the Goods of good quality is possible if the Goods have not been used, their presentation, consumer properties, seals, labels have been preserved, and the payment document issued to the Buyer together with the sold goods has been preserved.
7.2.2. If the Buyer refuses the Goods in accordance with clause 7.2.1. the Seller shall refund the cost of the returned Goods to the Buyer within 7 days from the date of receipt of the returned Goods at the Seller’s warehouse. Refunds of the cost of the Goods shall be made exclusively to the person specified in the order for the Goods, provided that such person provides a receipt for payment for the Goods for which the funds are refunded. If the Buyer has indicated incorrect data in the order, or has not provided all the documents listed above for a refund, the Seller shall refund the Buyer within 7 days from the date of submission of all necessary documents for the return of the Goods or the provision of correct data for the return of the Goods.
7.2.3 If at the time of the Buyer’s request a similar product is not available for sale from the Seller, the Buyer has the right to withdraw from this Agreement and demand a refund of the amount paid for the specified Product. The Seller is obliged to return the amount paid for the returned goods within 7 days from the date of return of the Goods.
7.4. Return of the Goods of inadequate quality:
7.4.1 The goods of inadequate quality means goods that are defective and cannot ensure the fulfillment of their functional qualities. The received Goods must correspond to the description on the Site. The difference between the design elements or design from those stated in the description on the Site is not a sign of inadequate quality of the Goods and/or the impossibility of using it for its intended purpose.
7.4.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Buyer at the time of delivery of the Goods.
7.4.3. Upon receipt of the Order by the Buyer or the Recipient at the branch of the courier delivery service (Nova Poshta), the Seller shall not accept claims for external defects of the goods, their quantity, completeness and presentation.
7.4.4. If the Buyer has been transferred the Goods of inadequate quality and other things have not been agreed in advance by the Seller, the Buyer has the right to use the provisions of Article 8 “Consumer Rights in case of purchase of goods of inadequate quality” of the Law of Ukraine “On Protection of Consumer Rights”.
7.4.5. Claims for the return of the amount of money paid for the goods shall be satisfied within 30 days from the date of submission of the relevant claim (clause 4 of Article 12 of the Law of Ukraine “On Protection of Consumer Rights”).
7.5. Refunds are made by refunding the cost of the paid Goods by bank transfer, as well as by transferring to a bank card (the card must be issued in Ukraine; the card currency is hryvnia).
7.6. In case of payment for the Order in the manner specified in clause 6.4.2. of the Offer, the refund is made by returning the cost of the paid Goods to the bank card with which the Goods were paid.
7.7. The warranty period for the Goods is set by the manufacturer and is indicated on the label or on the label. The Seller shall ensure the proper application and use of the Goods during the warranty period. 7.8. The Seller is not responsible for the defects of the Goods if they arose after their transfer to the Buyer, as a result of the Buyer’s violation of the rules of use or storage of the goods, actions of third parties, or force majeure.
8 ADDITIONAL TERMS AND CONDITIONS
8.1. This Public Offer comes into force from the moment of its acceptance by the User/Buyer, and is valid until the moment of withdrawal of the acceptance of the Public Offer.
8.2. The online store and the services provided may be temporarily/partially or completely unavailable due to preventive or other works or for any other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.
8.3. In case of questions and claims from the User/Buyer, he/she may contact the Seller by phone or in any other available way. In the event of a dispute, the parties will try to resolve it through negotiations, in case of failure to reach an agreement, the dispute will be referred to a judicial authority in accordance with the current legislation of Ukraine.
8.4. The invalidation by a court of any provision of this Agreement shall not entail the invalidity of other provisions.
8.5. In case of payment of the Order in the manner specified in clause 6.3.2. of the Offer, or a refund specified in clause 7.5. it is possible to write off an additional commission by the issuing bank.