Public offer agreement

GENERAL INFORMATION

Before purchasing any product on the service http://promin.ua, please familiarize yourself with the terms of this Public Offer Agreement.

Sale of goods on the service http://promin.ua takes place on the terms specified in this Public Offer Agreement.

When buying a product on the service http://promin.ua it is considered that the Buyer has familiarized himself with and agrees with the terms of this Public Offer Agreement.

The public offer contract contains information about the public offer (offer) of Sellers registered in accordance with the legislation of Ukraine to any person using the service http://promin.ua, before the conclusion of the contract on the terms specified in the Public Offer Contract.

The public offer contract is an official document that defines the rights and obligations of the Seller, your rights as a Buyer and obligations as a consumer.

Registering on the site http://promin.ua, You agree to the terms of the Public Offer Agreement. which shall take effect on the terms set forth below.

In addition, the Public Offer Agreement defines which of your personal data We use and how exactly they will be processed. We are aware of the priority of confidentiality of personal information of each client. Therefore, in the Privacy Policy, located at the link https://promin.ua/ua/help/terms/personal_data/ and is an integral part of this Public Offering Agreement, describes your rights regarding personal data, as well as what we do to comply with these rights.

We have made efforts to make the Public Offer Agreement accessible, comprehensive and understandable for you. If something in the Agreement seems unclear to you, please contact us in the "Help" section and we will provide all the necessary clarifications.

Under this Agreement, one party, 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 - the Parties, have entered into this Public Offer Agreement (hereinafter - the Agreement) addressed to an unlimited number. persons, which is the official public offer of the Seller to enter into an agreement with Buyers for the sale of Goods, photos of which are posted in the relevant section of the Website http://promin.ua/.

Sellers intending to sell the Goods through the http://promin.ua/та  nd Buyers when purchasing Goods whose images are posted on the relevant pages of the Website http://promin.ua/, accept the terms of this Agreement as follows.

1. GENERAL PROVISIONS

1.1. The contractual relationship between the Seller and the Buyer is executed in the form of a Public Offer Agreement. Clicking on the website page http://promin.ua/ in the corresponding section of the "ORDER" button, means that the Buyer, regardless of status (individual, legal entity, natural person — entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are specified below.

1.2. The public offer agreement is public, ie in accordance with Articles 633, 641 of the Civil Code of Ukraine its conditions are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and conditions of ordering, payment and delivery of goods by the Seller, liability for unfair Order and failure to comply with the terms of this Agreement.

1.3. This Agreement shall enter into force upon clicking on the "ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.

1.4. To regulate contractual relations under the Agreement, the Parties shall select and, if necessary, apply Ukrainian legislation. If an international agreement, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international agreement shall apply.

2. TERMS AND DEFINITIONS

"Site administrator" is the owner and administrator of the service http://promin.ua/ - legal entity PRIVATE ENTERPRISE "TIS GROUP", established and operating in accordance with the legislation of Ukraine, legal entity identification code 34494209, location: 04116, city of Kyiv, street Rostyslavska, building 5-B, floor 27.

"Site", "Service" - a set of software and hardware tools, the result of computer programming in the form of an online service, which is placed on the Internet at the address http://promin.ua/.

"Public offer agreement" is a public agreement, a sample of which is posted on the Website  http://promin.ua/, and the application of which is mandatory. language for all Sellers, which contains the Seller's offer to purchase the Goods, the image of which is posted on the Website  http://promin.ua/, directed to the indefinite circle of persons, including Buyers.

"Acceptance" - acceptance by the Buyer of the Seller's offer to purchase the Goods, the image of which is posted on the Website  http://promin.ua/, by adding it to the virtual cart and sending the Order.

"Goods" - the subject of trade (product, model, accessory, components and related items, any other trade items), the purchase of which on the Website  http://promin.ua/ the Seller's offer is posted.

"Buyer" - any able-bodied individual, legal entity, individual entrepreneur, in accordance with current Ukrainian legislation, who visited the Website http://promin.ua/ and intend to purchase this or that Product.

"Seller" - a business entity that operates in accordance with the current legislation of Ukraine, which is the owner or distributor of the Goods and with the help of the website  http://promin.ua/ intend to sell it. The placement of goods by the Seller on the Service for the purpose of their further sale to Buyers is carried out under the terms of separate agreements between the Seller and the Site Administrator.

"Order" - a properly executed and posted on the Website http://promin.ua/ the Buyer's application for the purchase of Goods addressed to the Seller.

"Legislation" - established by Ukrainian or international law rules for the regulation of contractual relations under the Agreement.

"Significant defect of the Goods" - a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, caused by the fault of the manufacturer (Seller), after its elimination manifests itself again for reasons beyond the consumer's control.

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to sell the Goods on the basis of the Order issued by the Buyer on the relevant page of the Website http://promin.ua/ and the Buyer undertakes to purchase the Goods and pay for them on the terms and in the manner specified in this Agreement.

3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties to it.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or fictitious agreement or an agreement concluded under the influence of pressure or deception.

3.4. The Seller confirms that it has all the necessary permits to conduct business activities that regulate the scope of legal relations arising and operating in the course of performance of this Agreement, and guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be liable in case of violation of the rights of the Buyer in the process of implementation of this Agreement and the sale of the Goods.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The seller must:

• comply with the terms of this Agreement and offer for purchase on the website http://promin.ua/ Goods according to the unified agreed rules,    set forth in this public offer contract, and strictly adhere to its requirements;

• to fulfill the Buyer's order in case of receiving confirmation from the Buyer, by means of a phone call or message to the Buyer's messenger;

• in case of impossibility of fulfilling the order, to warn the Buyer about it and to return the received advance (if it was paid);

to transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website http://promin.ua/ executed by the Order and the terms of this Agreement;

check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;

• Together with the order, give the Buyer properly executed documents confirming the delivery of the goods (such documents can be an invoice, a fiscal check, etc.). A fiscal check can also be provided to the buyer by sending it to an e-mail or messenger linked to the Buyer's phone number;

• inform the buyer about a possible additional commission when paying for orders by bank cards by informing in this contract;

• Not to transfer to third parties personal data of the buyer obtained during the execution of the Order, except for the cases expressly provided for by this Agreement or the legislation of Ukraine. 

4.2. The seller has the right to:

• To unilaterally change the price of the Goods at its own discretion. In any case, the price of the Goods in already confirmed Orders remains unchanged;

unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.

5. RIGHTS AND OBLIGATIONS OF THE BUYER

5.1. The buyer must:

timely pay and receive orders under the terms of this Agreement;

• get acquainted with information about the Product, the Public Offer Agreement, terms of delivery and payment,  which is posted on the website  http://promin.ua/;

upon receipt of the Goods from the person who delivered them, make sure of the integrity and completeness of the Goods by inspecting the contents of the package. In case of detection of damages or incomplete complete set of the Goods - to fix them in the act which together with the Buyer should be signed by the person who has carried out its delivery to the Buyer.

5.2. The buyer has the right to:

place an order on the relevant page of the Website http://promin.ua/ and receive the ordered goods on time;

require the Seller to comply with the terms of this Agreement;

• Refuse to receive advertising messages by sending a letter to an e-mail address, by calling a phone number or by informing in messengers the contacts indicated in the Contacts section.   

6. ORDERING PROCEDURE

6.1. The Buyer places the Order on the relevant page of the Website  http://promin.ua/ by adding Goods to the virtual cart by clicking the "Add to cart!" button, or by placing an order by e-mail or by phone number indicated in the contact section of the site  http://promin.ua/.

After placing the order, the Buyer receives a letter confirming acceptance of the order. Confirmation of feasibility  The order is made by the seller after checking the availability of the ordered product and  clarification of all necessary data with the client through a phone call or in correspondence through Messengers. Transferring funds to the Seller, including by paying for the Order through the Liqpay banking system, is not confirmation of the possibility of fulfilling the order.   

6.2. The deadline for forming and sending the Order is up to 3 working days from the moment the order is confirmed by the Seller and the money is received on the Seller's bank account (if payment via Liqpay or Invoice was chosen). If the Order is placed on a weekend or holiday, the term of formation begins on the first working day after the weekend.

7. CONTRACT PRICE AND PAYMENT PROCEDURE

7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website http://promin.ua/. The price of the Contract is determined by adding the prices of all the selected Goods placed in the virtual basket. 

7.2. The cost of the Order may vary depending on the price, quantity or range of goods.

7.3. The Buyer can pay for the Order in the following ways:

- using the Liqpay service, by entering bank card data.

1) by bank transfer of money to the current account of the Seller specified in the account, incl. by means of Internet banking (the Buyer pays for the Order within three days from the date of receipt of the invoice in the amount of 100% of the subscription).

- payment upon receipt - if the order is delivered by delivery services on the territory of Ukraine. 

!Note. When the Buyer pays for the order with a payment card, an additional fee may be charged by the issuer of this card. This commission is set by the bank and does not depend on the Seller.!

8. TERMS OF DELIVERY OF GOODS

8.1 The Buyer receives the Product using the Nova Poshta delivery service, or receives it in person at the selected offline store of the Promin network. The procedure for payment and receipt is indicated on the corresponding page of the site  http://promin.ua/ and in the Public Offer Agreement.

8.2 The cost of delivery to Promin stores is free. The cost of delivery by the Nova Poshta delivery service is set by the carrier. In the case of an order for an amount above UAH 2,000, the cost of delivery is paid by the Seller. 

8.2. When the Goods are delivered by delivery services (hereinafter referred to as carrier companies), the Buyer fully and unconditionally agrees to the Rules for the transportation of goods by these carrier companies.

8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own painting in the consignment note, declaration of the Carrier, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods of the Carrier Company in the quantity specified and paid by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.

8.4. The order storage period at the delivery points is 5 calendar days (unless otherwise stipulated by the conditions of the Carrier Companies). In the case of seasonal sales and Black Friday - 2 calendar days.  If the Buyer does not pick up the Goods within the agreed time or refuses to receive the Goods for unjustified reasons, the Goods are returned to the Seller. Payment for the services of the Carrier Company is deducted from the amount paid by the Buyer for the Goods. The balance of the amount is returned to the Buyer on the basis of his letter sent to e-mail:  info@promin.ua indicating the settlement account to which the funds must be returned.

All questions that arise in the process of payment and receipt of the Goods, the Buyer can find out from the contact information in the Contacts section.

9. TERMS OF RETURN OF GOODS

9.1. According to Art. 9 of the Law of Ukraine "On Consumer Protection", the Buyer has the right to exchange the Goods of proper quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).

The return of goods of proper quality is carried out in the case of: 

• If the product does not fall under the list of products that cannot be returned according to the Law

• if it has not been used 

• if its commercial form is preserved   

• if its consumer properties, seals, labels are preserved   

• upon presentation of the settlement document issued to the consumer together with the sold goods   

9.2. If the Buyer intends to return the Product, such return is made in accordance with the "Returns" section of the Site, taking into account the rules and conditions of the carrier.

9.3. To return the product, the Buyer must:

• Prepare the item for return - pack the product in the branded Promin package in which the item was packed at the time of purchase

• Enclose the completed return application in the parcel

• Send the item through the Nova Poshta delivery service to the branch indicated on the return application form. 

• Contact our call center at the numbers indicated on the website and inform the manager about the actual return of the product.

9.4. Refunds are made on the basis of a completed application from the Buyer, which is included in the parcel, indicating all the necessary details. All application fields are mandatory. The seller returns the funds no later than thirty days from the moment of notification by the consumer about termination of the contract.

9.5. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record it in a deed of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (Seller's representative responsible for placing the order for the Goods) about the detected defects and agree on the replacement of the Goods, while filling out a refund application, which is given to the Buyer together with the order. 

9.4. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer receives the Goods in good condition - without any mechanical damage and in full.

10. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES

10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian law.

10.2. In the event of disputes related to the performance of this Agreement by the Parties, except for disputes concerning the recovery of debts from the Buyer, the Parties undertake to resolve them through negotiations in accordance with the claims procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes in connection with the recovery of debt from the Buyer compliance with the claims procedure is not required.

10.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its implementation, breach, termination or invalidity, shall be settled in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

​11. FORCE MAJOR CIRCUMSTANCES

11.1. The Parties shall not be liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure, ie events or circumstances really beyond the control of such Party, occurred after conclusion of this Agreement, which are unforeseen and unavoidable.

Force majeure circumstances include natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents. at sea, embargoes, catastrophes, restrictions imposed by public authorities (including allocations, priorities, formal requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.

11.2. A Party for which it has become impossible to fulfill its obligations under this Agreement due to force majeure shall immediately notify the other Party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days to provide the other Party with confirmation of force majeure . Such confirmation shall be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.

11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended for any period during which performance has been delayed due to the above circumstances.

11.4. If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing.

Notwithstanding the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties shall make final settlements.

11.5. The onus of proving the existence of a cause-and-effect relationship between force majeure circumstances and the inability of the Party to fulfill its obligations rests with the Party that refers to the impossibility of fulfilling obligations due to force majeure circumstances.

 

12. OTHER TERMS OF THE AGREEMENT

12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling his Order (sending a message to the Seller about ordering the Goods, sending advertising messages, etc.). Detailed information on the protection of personal data is placed in the relevant section of the Regulation on the processing and protection of personal data.

12.2. By own acceptance of the Agreement or registration on the Website http://promin.ua/ (filling in the registration form) The buyer voluntarily provides  consent to the collection and processing of own personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending by means of telecommunications (e-mail, mobile language) advertising and special offers, information about promotions, raffles or any other information about the site's activities  http://promin.ua/.

For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms-messages, make calls to the telephone number specified in the questionnaire.

12.3. The buyer gives the right to process his personal data, including: to place personal data in the database (without additional notice), to carry out lifelong storage of data, their accumulation, update, change (as needed). The Seller undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these objectives, as well as at the mandatory request of the competent public authority).

12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

12.5. The Seller is not responsible for the content and veracity of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified in the order.

12.6. The Seller can make audio recordings of conversations with Buyers. Such a record can be used by the Seller to exercise its rights and legal interests, as well as to improve the quality of service to Customers. 

12.7. The photos of the Product contained on the pages of the Site may differ from the actual appearance of the Product due to different brightness and screen resolution. 

12.8. The provisions of the Civil Code of Ukraine and legislation on the protection of consumer rights apply to relations under the Public Offer Agreement with the participation of an individual buyer, which are not regulated by the Agreement.

13. INFORMATION ABOUT THE SITE ADMINISTRATOR

13.1. The site administrator is obliged to:

- Place goods on the Website http://promin.ua/ only those Sellers who have confirmed their status as a business entity and have entered into an appropriate agreement with the Site Administrator;

- To ensure the preservation of the personal data of the Buyer and/or/or the Seller that were provided when placing the order. 

13.2. The site administrator has the right to:

- Send advertising messages (commercial offers) to Buyers, including electronic messages to the e-mail addresses provided by the User or SMS/Viber messages to the mobile phone numbers provided by the Buyer, until the Buyer expresses his objection to receiving such messages by sending a letter to the Administrator's email address info@promin.ua or by informing the Administrator on Viber messengers +380504743474.

- Change the terms of this Agreement by posting a new version of the Agreement on the website at any time. In this case, the changes to the contract enter into force from the date of their posting and remain in effect for an indefinite period. 

- To completely block or partially limit access to the site to Buyers and Sellers who do not comply with the requirements of this Agreement, the legislation of Ukraine or whose activities have signs of illegality,  fictitious or fraudulent.