Public offer
1. General provisions
1.1. The real offer is an official offer of the online store psel.com.ua , hereinafter referred to as "Seller"/"psel", to conclude a contract for the purchase and sale of goods remotely (i.e. through the online store) or at retail outlets, as well as services in any available way, hereinafter referred to as the "Agreement", and places the Public Offer (proposal) on the official website psel.com.ua (hereinafter referred to as the "Website").
1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller's proposal to conclude an electronic contract for the sale of goods (acceptance) is considered the fact of payment by the Buyer of the order under the terms of this Agreement, within the time and at the prices indicated on the Seller's website (Article 642 of the Civil Code of Ukraine).
2. Concepts and definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* " Product " is a product offered for sale on the Seller's website.
* " Online store " — in accordance with the Law of Ukraine "On Electronic Commerce", means for submitting or selling the Goods by making an electronic agreement.
* " Seller " - a company that sells goods that are presented on the Internet site.
* "Buyer" - a natural person, a natural person-entrepreneur or a legal entity that concluded an Agreement with the Seller on the terms set forth below.
* "Order" — selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.
3. Subject of the Agreement
3.1. The Seller undertakes to hand over the Goods to the Buyer, and the Buyer undertakes to pay and accept the Goods under the conditions set out in these Rules or in a separate agreement concluded by the parties in accordance with the legislation of Ukraine.
4. Order registration procedure
4.1. The buyer has the right to place an order for any product that is presented on the Internet store website.
4.2. Each item can be submitted in an order in any quantity.
4.3. If the goods are not in stock, the Seller's Manager is obliged to inform the Buyer (by phone or e-mail).
4.4. If the product is not available, the Buyer has the right to replace it with a product of a similar model, refuse this product, cancel the order.
5. Order payment and delivery procedure
5.1. Payment methods and terms of delivery of the Goods are indicated on the website in the "SHIPPING AND PAYMENT" section.
5.2. If funds are not received, the Seller reserves the right to cancel the order.
5.3. The buyer has the right to confirm or cancel the order until it is paid.
5.5. Services of payment systems, terminals are paid additionally by the Buyer.
5.6. Goods purchased in the online store are delivered to the warehouses of transport companies, where orders are issued.
5.7. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
6. Rights and obligations of the parties:
6.1. The seller has the right to:
— unilaterally refuse to fulfill the order and/or cancel it under this contract in case of violation by the Buyer of the terms of this contract;
6.2. The buyer is obliged to:
— timely pay and receive the order under the terms of this contract.
6.3. The buyer has the right to:
- Place an order in the online store;
- To conclude an electronic contract;
- To require the Seller to fulfill the terms of this Agreement.
7. Liability of the parties
7.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this contract in the manner stipulated by this contract and the current legislation of Ukraine.
7.2 . The seller is not responsible for:
- The appearance of the Product changed by the manufacturer;
— for a slight discrepancy in the color range of the product, which may differ from the original product solely due to different color rendering of different batches of paints from partner companies for the same model;
— for the content and veracity of the information provided by the Buyer when placing an order;
- for delays and interruptions in the process of processing the order and delivery of the goods, which occur for reasons beyond his control;
- for unlawful and illegal actions carried out by the Buyer using this access to the Internet;
- for the Buyer's transfer of its network identifiers - IP, MAC addresses, login and password to third parties.
7.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or public principles of morality.
7.4. In the event of force majeure, the parties are released from fulfilling the terms of this contract. Circumstances of force majeure for the purposes of this contract mean events of an extraordinary, unforeseeable nature that exclude or objectively interfere with the performance of this contract, the occurrence of which the Parties could not foresee and prevent by reasonable means.
7.5. The parties shall use their best efforts to resolve any differences through negotiations only.
8. Other conditions
8.1. The seller reserves the right to unilaterally make changes to this agreement, provided that it is previously published on the website psel.com.ua
8.2. The seller is created to organize a remote method of selling goods via the Internet.
8.3. The buyer is responsible for the accuracy of the information specified during the order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, and use of his personal data within the meaning of the Law of Ukraine "On the Protection of Personal Data".
8.4. Payment by the Buyer of the order made in the online store means the Buyer's full agreement with the terms of the sales contract (public offer).
8.5. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce".
8.6. The use of the Internet site resource for previewing the product, as well as placing an order for the Buyer, is free of charge.
8.7. The 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 goods, making mutual payments, etc.
9. The procedure for returning goods of appropriate quality
9.1. The return of goods to the online store is carried out in accordance with the current legislation of Ukraine.
9.2. The return of the goods to the online store is carried out at the expense of the Buyer.
9.3. When the Buyer returns the goods of proper quality, the Internet store returns to him the money paid for the goods upon the fact of the return of the goods, after deducting compensation for the costs of the Internet store related to the delivery of the goods to the Buyer.
9.4 You can exchange or return the product within 14 days, not counting the day of purchase (the product did not fit in color, shape, dimensions, size or for other reasons and cannot be used). This right is guaranteed by the Law on the Protection of Consumer Rights.
9.5 To be able to exchange or return a product, please ensure the following:
• the product has not been used, its appearance, consumer properties have been preserved, the product has no signs of use: scratches, chips, abrasions, mechanical damage (the product is in the same condition as when it was handed over to the buyer)
• the product is fully assembled and the integrity of the brand packaging has not been violated, all labels, protective films, factory markings have been preserved (the product is in the same condition as at the time of handing over to the buyer)
9.6 How to exchange or return the product
You can exchange or return the product by filling out the product return form. In the form, we ask you to specify in detail which defect the returned product contains. If you do not have a personal account, at the request of the client, a return application is created by the manager over the phone.
After filling out the form, you need to call the online store again to get the address where you can return the product, clarification of the delivery option of the returned product, and other questions.
The money is returned to the buyer within 7 days from the moment we receive the goods.
Refunds for goods to the customer's card are made after the customer has provided data for the return. If you have a card for which you need to make a return not to Privat Bank, but to another bank, you must provide additional IBAN and TIN data to the manager.
If at the time of the exchange, a similar product is not available for sale, you can purchase any other types of products from our assortment, with a corresponding recalculation of the cost, or receive money back in the amount of the value of the returned product.
If the purchased goods are not suitable in terms of color, shape, dimensions, size or for other reasons and cannot be used by you, the buyer pays for the courier services for the return or exchange of the goods.
If the product is of inadequate quality (it means a product that is defective and cannot ensure the fulfillment of its functional qualities. The difference of design elements or design from those declared in the description on the website is not a malfunction or dysfunction of the product), the services of courier departure to the buyer for replacement or returns are free of charge.
We draw your attention to the fact that in case of exchange or return of the product (the product does not fit in terms of color, shape, dimensions, size or cannot be used for other reasons), all transport costs related to the exchange and return are paid by the buyer.
If the product is of inadequate quality (it means a product that is defective and cannot ensure the fulfillment of its functional qualities. The difference of design elements or design from those declared in the description on the website is not a malfunction or dysfunction of the product), all transportation costs are borne by the online store.
10. Term of validity of the contract
10.1. An electronic contract is considered to have been concluded from the moment the person who sent the proposal to conclude such a contract receives a response about the acceptance of this proposal in accordance with the procedure specified in part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
10.2. Prior to the expiration of this Agreement, this Agreement may be terminated by mutual consent of the parties prior to the actual delivery of the goods by means of a refund.
10.3. The parties have the right to terminate this agreement unilaterally, in case of non-fulfillment of the terms of this Agreement by one of the parties and in the cases stipulated by the current legislation of Ukraine