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|By courier in Kyiv||100 UAH||for the amount of the order up to UAH 999|
|By courier in Kyiv||Free||with the amount of the order from 1000 UAH|
|At the Nova Poshta branch||According to the tariffs of Nova Poshta||for the amount of the order up to UAH 999|
|At the Nova Poshta branch||Free||with the amount of the order from 1000 UAH|
|Address delivery by Nova Poshta courier||According to the tariffs of Nova Poshta||for the amount of the order up to UAH 999|
|Address delivery by Nova Poshta courier||Free||with the amount of the order from 1000 UAH|
1.1. In accordance with Article 633 of the Civil Code of Ukraine, this agreement is an official proposal of an INDIVIDUAL ENTREPRENEUR RAKOVYCH OLEKSIY PAVLOVYCH, registration number of the taxpayer's account card 3164613716, hereinafter referred to as "certified",
1.2. This offer is a public contract-offer (hereinafter - the "Agreement") and has the appropriate legal force to provide an unlimited number of persons (hereinafter - the "Principal") services for the selection, acquisition and purchase of goods, which are presented in the relevant section of the Website < a href = "https://46parallel.wine/shop" target = "_blank"> https://46parallel.wine/shop .
1.3. The provisions of this Agreement govern the relationship between the Attorney on the one hand and the Principal on the other hand (referred to together as the "Parties") on the basis of the terms of this Agreement.
1.4. All users of the Website https://46parallel.wine/shop can access the Agreement (offer) at any time. which time by clicking on the "Public Offer" link on the https://46parallel.wine/shop website.
1.5. By this Agreement, the Parties confirm the achievement of full agreement between them on the rules, terms, restrictions and other conditions of cooperation set forth in this Agreement.
1.6. This Agreement from the moment of its conclusion terminates guarantees, covenants and any other agreements (in writing and orally) between the Parties and is binding on the Parties.
1.7. By concluding the Agreement (ie accepting the terms of this public offer by placing an order), the Principal confirms the following:
- The principal is fully and fully acquainted with and agrees to the terms of this public offer;
- The principal is 18 years old;
- The information provided by the Principal during the assignment is correct and relevant;
- The principal gives permission for the collection, processing and transfer of personal data in order to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to obtain invoices, acts and other documents. Permission to process personal data is valid for the entire term of the Agreement.
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
"Offer" - a public offer of the Seller, addressed to any natural or legal person, in order to enter into a power of attorney under the existing conditions specified in the Agreement.
"Product" - a list of product names presented on the Website https://46parallel.wine/shop , and which the Principal instructs the Attorney to purchase from the Seller.
"Principal" - any natural or legal person who has accepted this offer, and on whose behalf the Attorney provides services.
"Attorney" - INDIVIDUAL-ENTREPRENEUR RAKOVYCH OLEKSIY PAVLOVYCH, who on behalf of the Principal provides services to the latter.
"Acceptance" - full and unconditional acceptance by the Principal of the terms of this Agreement.
Website is an automated information system available on the Internet at: https://46parallel.wine/shop a>, as well as all "subdomains" that belong to this address and are used by the Seller on the property.
"Seller" - a company that is the owner of the Goods, which is posted on the Website and sells such goods through a store located at Kyiv, Blvd. Friendship of Peoples, 18/7;
"Services" - a list of actions performed by the Attorney on behalf of and at the expense of the Principal related to the selection, assembly, purchase and delivery of Goods to the address specified by the Principal.
"Order" - a duly executed and posted on the Seller's Website application of the Principal for the purchase of Goods addressed to the Attorney.
"Electronic Cabinet" - an information and telecommunications system through which the Principal has the opportunity to place an order for the Goods and give instructions to the Attorney for the purchase and delivery of such Goods.
"Payment system" - a bank / payment system participant / payment infrastructure service operator that, on a contractual basis with the Attorney, accepts and transfers payments using the details of the Principals' payment cards for the services entrusted to the Attorney.
3.1. Under this agreement, the Attorney on behalf of the Principal undertakes to provide services, and the Principal is obliged to accept such services and make their payment under the terms of this Agreement.
3.2. The Attorney confirms that he has all the necessary permits for business activities, which regulate the scope of legal relations that arise and operate in the process of implementation of this Agreement.
3.3. On behalf of the Principal on his behalf and at his expense, the Attorney selects, completes, purchases and delivers the Goods selected by the Principal on the Website https://46parallel.wine/shop .
3.4. Purchase of Goods is carried out by the Attorney on behalf and at the expense of the Principal by concluding a transaction with the Seller of such Goods.
3.5. The provision of services by the Attorney to purchase the Goods and deliver them to the Principal is not the actions of the Attorney regarding the sale of such Goods to the Principal, but are only the execution of the power of attorney agreement.
4.1. The moment of concluding this Agreement is the moment when the Principal provides an order for the Attorney to purchase the Goods during the ordering process on the Website.
4.2. The Principal is obliged to familiarize himself with the terms of the Agreement, the Attorney is not obliged to inform the Principal about the existence of the Agreement.
4.3. This Agreement is concluded by accepting the terms of this Agreement. The absence of a copy of the Agreement signed between the parties on paper, with the signatures and seals of the parties, in the case of actual payment by the Principal, is not grounds to consider this Agreement unconcluded.
4.4. The Attorney draws up the Agreement on paper only in case of a written request of the Principal.
5.1. The Principal has the opportunity to place an order with the Attorney by placing an order on the Seller's Website https://46parallel.wine/shop .
5.2. The principal has the right to register on the Website https://46parallel.wine/shop by filling out the appropriate form on the relevant website -site of the Seller. The information provided by the Principal when filling in the registration form must be correct, complete and reliable.
5.3. The Attorney is not responsible for the unauthorized use of the Client's registration data by third parties, if such unauthorized use occurred through no fault of the Attorney.
5.4. Registration on the Website https://46parallel.wine/shop is done by the Principal once. Further use of the Website and issuance of a power of attorney to the Attorney is carried out without the need for re-registration by logging in to a personal electronic account.
5.5. To issue a power of attorney for the purchase of Goods, the Principal selects them by viewing the range on the Seller's Website and placing an Order.
5.6. The Attorney at the expense and in the interests of the Principal makes transactions with the Seller of such Goods in accordance with the Order issued by the Principal.
5.7. On behalf of the Principal, the Goods purchased on his behalf and at his expense may be packed in the Seller's packaging material. The cost of such packaging material is included in the total cost of services provided by the Attorney.
5.8. In case of absence of the Goods selected by the Principal from the Seller, the Attorney informs the Principal about it by the means of communication indicated by him.
5.9. The principal inspects the Goods at the time of their receipt.
5.10. The Attorney has the right to check the amount of required capacity of the Principal. The principal confirms the required capacity by presenting an identity card. If the Principal does not reach the age of 18, the Attorney has the right to refuse to transfer such goods to him.
5.11. The Attorney has the right to refuse to fulfill the order of the Principal at its own discretion in case of non-fulfillment by the Principal of the terms of this Agreement. The funds received from the Principal are returned to the Principal attorney in the same way in which the payment was made.
6.1. The cost of the Attorney's services is determined for each Acceptance of the Offer for each Order separately, on the basis of the prices set by the Attorney for the Services.
6.2. Prices for the Goods are set by the Seller and displayed in the relevant section of the Seller's Website. All prices for the Goods are reflected in the national currency of Ukraine (hryvnia) for one unit of the Goods including VAT.
6.3. The total cost of the Attorney's services includes all expenses of the Attorney incurred for the execution of the order given by the Principal, in particular, but not exclusively: the cost of purchased Goods, the Attorney's fee, the cost of storing the Goods until transfer to the Principal and all taxes.
6.4. The total cost of the Attorney's services does not include commissions that may be charged by third parties in connection with the method of payment chosen by the Principal (for example: bank commission for the transfer of funds).
6.5. In case of absence of the Goods selected by the Principal from the Seller, the Attorney informs the Principal about it to confirm the Order or cancel the Order. If it is impossible to contact the Principal, this Order is considered canceled. If the canceled Order has been paid, the Attorney shall return to the Principal the amount paid for the Order in the manner in which the payment was made.
6.7. Payment for the Attorney 's services is made by the Principal by 100% prepayment to the Attorney' s current account.
6.8. When paying for the Goods online, the Principal is redirected to the payment service www.ipay.ua , where he can pay for the Order using Visa and Mastercard payment systems.
6.9. Payment is credited only if the payment procedure specified in this agreement is observed.
6.10. In case of non-payment, incomplete payment or late payment, the Attorney reserves the right to refuse the Principal to fulfill his order and is not responsible for the possible consequences of such decision / action.
6.11. The Attorney provides services only upon receipt of payment from the Principal. Until the receipt of payment, the Attorney has no obligations to the Principal regarding the Goods ordered by him.
6.12. The obligation of the Principal to pay the value of the goods is considered fulfilled from the moment of crediting the relevant funds to the current account of the Attorney.
6.13. The attorney is not responsible for the order of transfer / crediting of funds.
7.1. Exchange or return of Goods of proper quality by the Seller is not carried out, because in accordance with Art. 9 of the Law of Ukraine "On Consumer Protection", food products are goods that are not subject to exchange (return).
7.2. Return of goods of improper quality is carried out in accordance with the Law of Ukraine "On Consumer Protection", in case of defects.
7.3. If any defects are found, the Trustee has the right to return the Goods exclusively to the Seller.
7.4. The Attorney is not responsible for the Goods of improper quality, which were purchased from the Seller in connection with the execution of the principal's order.
7.5. If the Principal so wishes, the Goods of improper quality may be returned to the Seller by the Attorney by authorizing the latter with a relevant power of attorney. Goods return services are paid by the Principal separately to the Attorney's current account.
7.6. The Seller is obliged to reimburse the Principal for the Goods of improper quality.
8.1. Delivery of the order to the Principal is carried out by the Attorney in accordance with the procedure established by this Agreement.
8.2. Delivery of the ordered Goods may be carried out by the Attorney himself or with the involvement of third parties (carrier).
8.3. The Principal undertakes to reimburse the cost of services of third parties (carrier) in case of their involvement by the Attorney for the execution of the power of attorney issued by the Principal.
8.4. The attorney is not responsible for the delivery time of the order, if the delivery is agreed and depends on the actions of third parties (carriers).
8.5. Upon transfer of the Goods, the Attorney shall provide the Principal with an accompanying document (expense invoice, fiscal check) in accordance with the Legislation of Ukraine.
9.1. The attorney is obliged to:
9.1.1. Execute assignments;
9.1.2. Execute orders on the terms most favorable to the Principal;
9.1.3. Check the qualitative and quantitative characteristics of the Goods during its packaging and delivery to the Principal;
9.1.4. Carry out personally or arrange delivery of the Goods to the Principal, if the Principal has agreed on the delivery of the Goods;
9.1.5. Provide the Principal with all necessary information in accordance with the requirements of current legislation and this Offer;
9.1.6. From the moment of concluding this Agreement to provide in full all obligations to the Principal in accordance with the terms of this Agreement;
9.1.7. Notify the Principals of any changes to this Agreement by posting the relevant changes on the https://46parallel.wine/shop Website;
9.1.8. Ensure the confidentiality of the Principal's data and compliance with the legislation of Ukraine on personal data protection;
9.1.9. At the request of the Principal to inform the latter about the progress of the order;
9.1.10. Perform other duties in accordance with applicable law and this Agreement;
9.2. The attorney has the right to:
9.2.1. Require payment from the Principal for services rendered;
9.2.2. Terminate this Agreement unilaterally in case of breach by the Principal of the terms of this Agreement;
9.2.3. Refuse to execute the order in case of force majeure;
9.2.4. Amend this Agreement unilaterally prior to its conclusion by posting changes on the Website https://46parallel.wine/shop a>;
9.2.5. Transfer their rights and responsibilities for the execution of the order to third parties;
9.2.6. Check the achievement of the Principal at the age of 18
9.2.7. Completely or partially refuse to fulfill the Order, in case of absence of the Goods on the date of receipt of the Order;
9.2.8. Refuse to perform the concluded Agreement in case of detection of the fact of providing inaccurate information by the Principal; non-payment by the Principal for services; and / or committing other unfair acts that may result in complications for the Attorney or inability to perform this Agreement.
10.1. The principal is obliged to:
10.1.1. Get acquainted with the content of the Offer Agreement, terms of payment and delivery of Goods;
10.1.2. Immediately accept from the Attorney everything received by him in connection with the execution of this order;
10.1.3. Provide the Attorney with reliable information necessary for the proper performance of the Agreement;
10.1.4. Timely pay and receive orders under the terms of this Agreement;
10.1.5. In order for the Attorney to fulfill his obligations to the Principal, the latter must provide all the necessary information that uniquely identifies him as the Principal and is sufficient for the delivery of the Goods ordered by him;
10.1.6. Use the rights granted to him in good faith, comply with the terms of the Agreement and applicable law;
10.1.7. Perform other duties provided by this Agreement and current legislation of Ukraine.
10.2. The principal has the right to:
10.2.1. Place an order on the relevant page of the Seller's Website;
10.2.2. Require the Attorney to fulfill the terms of this Agreement;
10.2.3. Require the Attorney to provide all necessary information in accordance with the requirements of applicable law and this Offer;
10.2.4. Refuse to accept the Goods in case of non-compliance of its characteristics with the previously ordered Goods;
10.2.5. Exercise other rights provided by this Agreement and current legislation of Ukraine.
11.1. The Attorney is not responsible for the use or further use of the Goods transferred to the Principal in connection with the execution of this order.
11.2. The principal, giving the power of attorney, is responsible for the accuracy of the information provided about himself, and also confirms that he is acquainted with and agrees with the terms of this Agreement.
11.3. The Principal is solely responsible for providing false or false information, which has made it impossible for the Attorney to properly perform its obligations to the Principal.
11.4. In case of non-payment, incomplete or late payment for services, the Attorney has the right to terminate the order and notify the Principal of non-payment, incomplete or late payment of the Order.
11.5. The principal is independently responsible for the correctness and timeliness of payments made by him. the amounts erroneously credited by the Principal to the accounts of third parties shall not be reimbursed or reimbursed by the Attorney.
11.6. The Attorney shall not be liable for losses of the Principal incurred as a result of refusal of the Goods in accordance with the requirements of this Agreement.
11.7. The Attorney is not responsible for the integrity and safety of the Goods, if the delivery of the Goods is not carried out by the Attorney's own efforts.
11.8. The Attorney is not responsible for the methods and results of the Principal's use of information obtained during the execution of the Order by the Attorney.
11.9. Attorney will not be liable to either party for any direct, indirect, special or other indirect damages resulting from any use of the information on the Seller's Website or on any other website linked to from the Website. .
11.10. The Attorney is released from liability for incomplete or improper execution of the order under the Agreement in cases of non-fulfillment by the Principal of any of the terms of the Agreement.
11.11. If the Principal does not receive the order, if such non-receipt is due to the fault of the Attorney, the Attorney has the right to use such Goods at its discretion and is relieved of the obligation to transfer such Goods to the Principal.
11.12. In case of violation by the Principal of the terms of this Agreement, the Attorney has the right to terminate the Order until the Principal eliminates the violations and compensation (compensation) for damages caused by such attorney and / or terminate the Agreement by sending a notice to the Principal.
11.13. The Attorney shall not be liable if the Principal's expectations about the consumer properties of the Goods have not been met.
11.14. The aggregate liability of the Attorney under the Agreement, for any claim or claim, including from the Party of the Principal for the performance of the Agreement is limited to the total value of the services provided by the Attorney.
11.15. The Parties shall bear other responsibility 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.
12.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the terms of the Agreement for the period of force majeure. Force majeure means extraordinary and insurmountable under these conditions circumstances that prevent the parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), the circumstances of public life (hostilities, emergencies, major strikes, epidemics, etc.), prohibitive measures by government agencies (ban on transportation, currency restrictions, international sanctions , trade bans) and more.
12.2. In case of occurrence of the circumstances defined by item 12.1. of this Agreement, the fulfillment of obligations under this agreement is postponed for the duration of such force majeure circumstances and their consequences.
12.3. At the time of the circumstances specified in paragraph 12.1. of this Agreement, the parties have no mutual claims against each other and each party assumes its risk as a result of force majeure.
12.4. If, due to force majeure, the non-performance of obligations under this Agreement lasts for more than three months, each of the Parties has the right to terminate this Agreement unilaterally 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.
12.5. The occurrence of force majeure circumstances is not a ground for the principal's refusal to pay for the services provided by the Attorney, which were performed before the force majeure circumstances arose.
13.1. Upon acceptance of this offer, the Principal gives his consent to the collection and processing of his personal data, in accordance with the Law of Ukraine of June 1, 2010 № 2297-VI "On Personal Data Protection". The Principal's personal data are processed in accordance with the Law of Ukraine "On Personal Data Protection".
13.2. The data provided by the Principal during the assignment will be used to process Orders, selection, purchase and delivery of Goods, receipt of order information, sending by telecommunication means (by e-mail, via mobile communication) advertising offers, information about promotions , raffles, special offers or any other information about the activities of the Attorney or his partners, for other commercial purposes.
13.3. The owner of personal data is an INDIVIDUAL-ENTREPRENEUR RAKOVYCH OLEKSIY PAVLOVYCH.
13.4. The Attorney guarantees the confidentiality and protection of personal data of the Principals.
13.5. The principal gives the Attorney the right to process his personal data, including: to include personal data in the database (without additional notice), to carry out indefinite storage of data, their accumulation, update, change (if necessary).
13.6. The Attorney undertakes to protect data from unauthorized access of third parties, not to disseminate or transfer data to third parties (except for data transfer to commercial partners, persons authorized by the Attorney to directly process data for these purposes, including mobile operators, postal or courier services, contact centers, advertising agencies, as well as at the request of the competent public authorities in the manner prescribed by law).
13.7. The Attorney undertakes: to observe confidentiality regarding the personal data of the Principals; to prevent attempts of unauthorized use of personal data of Principals by third parties; to exclude access to personal data of Principals, persons who are not directly related to the execution of the order, except in cases provided by the current legislation of Ukraine.
13.8. The principal has the right to refuse to receive advertising and other information by e-mail to the Attorney.
13.9. The principal has the right to request information on whether his data is processed by the Attorney. The attorney provides such an answer within 30 calendar days.
13.10. Personal data collected in accordance with this agreement shall be deleted as soon as they are no longer necessary for the purpose of their collection.
13.11. The Principal has the right to request the deletion and access to personal data processed / stored by the Attorney.
13.12. The request for deletion or access to personal data must be made by the Principal by sending a letter to the E-mail of the Attorney, or by sending a letter to the location of the Attorney.
13.13. The Attorney has the right to record telephone conversations with the Principal, having previously notified the Principal of such recording. In this case, the Attorney undertakes: to prevent attempts at unauthorized access to information obtained during telephone conversations, and / or its transfer to third parties who are not directly related to the execution of the order.
14.1. Даний Договір набуває чинності з моменту прийняття оферти Довірителем і діє до повного виконання Сторонами своїх зобов'язань.
14.2. Договір може бути розірваний в порядку, передбаченому чинним законодавством України
14.3. Фактичною датою укладання даного Договору між сторонами є дата прийняття умов Довірителем, відповідно до ст. 11 Закону України «Про електронну комерцію»
14.4. Відповідно до статті 633 Цивільного кодексу України цей договір є публічною офертою (публічним договором), і в разі прийняття його умов (акцепту) Довіритель зобов'язується сумлінно їх виконувати.
14.5. Сторони погодились, що для виконання цього Договору Довіритель не зобов’язаний надавати Повіреному довіреність. Цей Договір є достатнім та належним уповноваженням Повіреного здійснити купівлю та доставку Товарів від імені та за рахунок Довірителя.
14.6. Повірений зобов’язаний виконати доручення не пізніше 7 (семи) днів з моменту акцепту даного Договору Довірителем, та отримання 100% передоплати за замовлені Товари.
14.7. Надання послуг Повіреним здійснюється з 9.00 до 18.00 год. в робочі дні.
14.8. Усі спори та розбіжності, що виникли з приводу виконання умов цього Договору, підлягають вирішенню шляхом переговорів на підставі письмової заяви (претензії) Довірителя.
14.9. Повірений після отримання від Довірителя заяви (претензії), зобов'язаний протягом 20 (двадцяти) календарних днів задовольнити заявлені вимоги чи направити Довірителю мотивовану відмову.
14.10. В разі якщо спір, який виник, не буде врегульовано в претензійному порядку, Довіритель має право звернутися до суду за місцем знаходження Повіреного.
14.11. Всі повідомлення та інші документи за Договором повинні направлятися за адресами, вказаними в даному договорі.
14.12. Веб-сайт Продавця і надані сервіси можуть бути тимчасово частково або повністю недоступні унаслідок проведення профілактичних або інших робіт, або з будь-яких інших причин технічного характеру.
14.13. Повірений має право передавати свої права та обов'язки по дорученню Довірителя третім особам.
14.14. Довіритель гарантує, що всі умови цього Договору йому зрозумілі, і він приймає їх безумовно і в повному обсязі.
14.15. Всі питання, неврегульовані даним Договором, регламентуються чинним законодавством України.
INDIVIDUAL ENTREPRENEUR RAKOVYCH OLEKSIY PAVLOVYCH
Place of residence: 10030, Zhytomyr region, Zhytomyr city, KYIVSKA STREET, building 57, apartment 61
Thank you for choosing our wines! Hope you like them and we will become good friends.
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