Public offer
Official offer of the individual entrepreneur Afendikov I.F., hereinafter referred to as the “Seller”, on the existing conditions for the implementation of distance sales, i.e. through the online store, hereinafter referred to as the “Agreement”, for a person who makes a purchase on the website navin.ua (hereinafter referred to as the “Website”).
The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract of sale of goods is considered the fact of payment by the Buyer for the order under the terms of this Contract, within the terms and at the prices specified on the Seller's website.
Concept and definition
In this offer, unless the context otherwise requires, the following terms have the following meanings:
- "Goods" – models, accessories, components and accompanying items;
- "Online store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, work or services by means of an electronic transaction.
- “Seller” is the company FOP Afendikov I.F., which sells the goods presented on the website.
- "Buyer" - an individual who has concluded an Agreement with the Seller on the terms set out below.
- “Order” – the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the contract
The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the Online Store, including:
- voluntary choice by the Buyer of goods in the Online Store;
- independent placement of an order by the Buyer in the online store;
- payment by the Buyer of an order placed in the online store;
- processing and delivery of the order to the Buyer in ownership under the terms of this Agreement.
Product information
The product is presented in the catalog through photo samples and is an original product.
Each photo sample is accompanied by text information: article number, price, and full description of the product.
The price indicated on the website may be changed unilaterally by the online store.
In the event of a change in the price of the goods ordered by the Buyer, the Online Store Manager shall, at the first opportunity, inform the Buyer (by e-mail, phone call or other means of communication) to obtain confirmation or cancellation of the order. If it is impossible to contact the Buyer, the order shall be considered canceled.
Photo samples accompanying the product may differ slightly from the actual appearance, taking into account the peculiarities of color reproduction of different devices through which the site is viewed. Descriptions and characteristics do not claim to be exhaustive, information is updated daily.
Order processing procedure
The buyer can place an order independently through the "Online Store" shopping cart or with the help of a manager.
The buyer has the right to place an order for any product in any quantity available on the online store website.
In the event that the goods ordered by the Buyer are not available in the Seller's warehouse, the Seller has the right to exclude this product from the order/cancel the Buyer's order, notifying the Buyer of this by phone or email to the address specified by the Buyer during registration, or by other means.
In the event of a product being unavailable, the Buyer has the right to replace it with a similar product, refuse the product, or cancel the order.
The Buyer has the right to cancel the order at any time before it is sent to the Buyer by notifying the Online Store.
In the event of cancellation of a fully or partially prepaid order, the cost of the canceled product is returned by the Seller to the Buyer using the means by which the product was paid for.
The Buyer bears full responsibility for providing inaccurate data that resulted in the Seller's inability to properly fulfill its obligations.
After placing an order on the website, the Buyer is provided with information about the probable delivery date by phone, indicated by the Buyer in the order. The manager who handles this order clarifies the details of the order, agrees on the delivery date, which depends on the availability of the ordered goods in the Seller's warehouse and the time required for processing and delivering the goods to the Buyer.
Price and payment method
The price of each individual product is set by the Seller and indicated on the Online Store website. The cost of the order is determined by adding the prices of all ordered products, which is equal to the amount to be paid, which is indicated on the Online Store website at the time of its registration. The cost of the delivery service is indicated separately and is not included in the order.
The contract value is equal to the order value. The order value may vary depending on the price, quantity, or product range.
Payment for goods and services is made in the national currency of Ukraine - hryvnia.
The following payment options are available – cash payment, prepayment or cash on delivery:
- payment is made in cash in hryvnias upon receipt of the goods at the seller's warehouse;
- payment is made by prepayment or cash on delivery upon receipt of the goods at the transport company's branch for cash or non-cash payment in hryvnias.
The goods are delivered after payment of the full order price.
If the order is paid for before 12:00, the order will be shipped on that day, after 12:00 - the next day. The Buyer must notify the Seller of the payment.
Delivery of goods purchased in the online store is carried out to the warehouses of transport companies, where orders are issued, or by independent removal from the seller's warehouse . Together with the order, when issuing the goods, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Product quality and warranty.
The Seller is responsible for the quality and completeness.
In the event that the Buyer discovers a defective product after receiving it, the Buyer has the right to file a claim with the Seller regarding the quality of the product within 2 weeks after receiving the product. The Seller is not responsible for the quality and completeness of the product if the product was damaged due to the fault of the carrier.
The Seller is not responsible for the quality of the goods if the damage to the goods occurred due to the fault of the Buyer, when the latter did not read the operating instructions for the product, which are an integral part of the purchased goods.
Other information regarding use and warranty conditions is set out in the product's operating instructions.
Return and exchange of goods
The return or exchange of goods in the online store is carried out in accordance with the Law of Ukraine "On Protection of Consumer Rights" - Section II, p. 9, item 1, if its commercial appearance, consumer properties, original packaging, labels are preserved. Goods that show signs of use are not subject to return.
In the event that the packaging of the goods was damaged, the Online Store reserves the right to deduct the cost of packaging from the funds subject to return in the amount of 10% of the cost of the goods in accordance with the Law of Ukraine "On Protection of Consumer Rights" - Section II, p. 12, clause 7
When the Buyer returns the goods of proper quality, the Online Store returns the money paid for the goods upon receipt of the goods, minus full compensation for the Online Store's costs associated with delivering the goods to the Buyer.
Refunds for goods that were not delivered for any reason are made exclusively on the basis of the Buyer's written application, to the Buyer's card account, which must be indicated in the refund application, within 3 banking days.
Return of goods of inadequate quality.
A product of inadequate quality is a product that has a clear manufacturing defect. The product received must correspond to the description on the website. The difference in design or decoration elements from the description stated on the website is not a sign of inadequate quality.
The appearance of the goods, as well as the completeness of the entire order, must be inspected by the Buyer upon receipt of the goods.
Upon receipt of the goods, the Buyer signs the receipt, after receiving the order, claims for external defects of the goods, their quantity, completeness and appearance are not accepted. The parties have clarified that in case of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the goods in good condition - without any mechanical damage and in full completeness.
Requirements for the return of funds paid for the goods are subject to satisfaction within 14 days from the date of receipt of the relevant requirement (Law of Ukraine No. 1023-XII "On Consumer Protection")
Refunds are made by returning the cost of the paid goods to a bank card or in cash, depending on the method of payment for the order.
Responsibility of the parties
The parties are liable for failure to fulfill or improper fulfillment of the terms of this agreement in accordance with the procedure provided for by this agreement and the current legislation of Ukraine.
The Seller is not responsible for:
- for the Buyer's choice of goods;
- the appearance of the Product changed by the manufacturer;
- for a slight discrepancy in the color scheme of the product, which may differ from the original product solely due to different color rendering of personal computer monitors of individual models;
- for the content and truthfulness of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond its control;
- for unlawful actions committed by the Buyer using this access to the Internet;
- for the transfer by the Buyer of his network identifiers - IP, MAC address, login and password to third parties;
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 moral principles.
The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of operating the online store (sending notifications to the Buyer about order fulfillment, sending advertisements, etc.)
By filling out the questionnaire or registering on the website, the Buyer voluntarily consents to the collection and processing of personal data in the Seller's registration database for the following actions: the data that becomes known to the Seller is used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, transmitting advertising and special offers, information about promotions or other information about the activities of the Online Store by telecommunications means. The Seller undertakes to ensure data protection from unauthorized access by third parties (except for providing data to related parties, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as upon mandatory request of a competent authority).
In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. For the purposes of this agreement, force majeure circumstances mean events of an extraordinary, unforeseen nature that exclude or objectively prevent the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
The Parties shall make every effort to resolve any disagreements exclusively through negotiations.
The online store reserves the right to unilaterally make changes to this agreement subject to its prior publication on the website navin.ua.
The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce"
Using the Online Store resource to preview the product, as well as to place an order, is free for the Buyer.
Contract validity period
An electronic contract is considered concluded from the moment the person who sent the proposal to conclude such a contract receives a response on 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”.
Before the expiration of the term of this Agreement, it may be terminated by mutual consent of the parties until the actual delivery of the goods, by returning the funds.
The Parties have the right to terminate this Agreement unilaterally in the event of failure by one of the Parties to fulfill the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
