STORE POLICY
Public Contract (Offer)
Buying, Selling, and Delivery of Goods
General Positions
1.1This offer is an official offer to submit the Purchase and Sale Agreement of goods remotely, i.e., through the online store wizartpigment.com (hereinafter referred to as the Contract), of the goods presented on the website https://www.wizartpigmen.com/ under the terms contained in this offer.
1.2 The public offer (offer) is posted on the Seller’s website, https://www.wizartpigment.com/ (hereinafter – the Website).
1.3. This Agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (physical person, legal person, natural person-entrepreneur) without giving preference to one buyer over another (except for those to whom according to the law corresponding privileges are granted). By concluding this Agreement, the Buyer fully accepts the terms and procedures for placing an order, payment of the goods, delivery of the Goods, return of the goods, responsibility for an unfair order, and all other terms of the agreement.
1.4 The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic purchase-sale agreement of goods is considered the fact of payment by the Purchaser of an order on the terms of this Agreement, within the terms and at the prices indicated on the Website.
Concept and Definition
2.1 In this offer, unless the context requires otherwise, the following terms have the following meanings:
"Goods" - the object of the agreement of the parties, which was chosen by the buyer on the website of the Online Store and placed in the basket, or already purchased by the Buyer from the Seller by remote means. "Internet store" - the Seller's website at the address https://www.wizartpigment.com/, created for the conclusion of retail and wholesale sales contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the seller through the Internet. "Seller" is a natural person-entrepreneur of FOP Starodubets Dmitry Petrovich, who sells the goods presented on the Internet site. "Buyer" – any capable person who, in the manner prescribed by this Agreement, by his own will, has fully accepted all of its terms without exception. "Order" - the choice of individual items from the list of goods specified by the Buyer at the time of placing the order and payment.
2.2 All other terms, which are not separately defined in this Agreement, are perceived and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, the customs of business turnover, as well as the purpose and subject of this Agreement.
Object of the contract
3.1 The Seller undertakes to transfer the goods to the Buyer’s property, and the Buyers undertake to pay for and accept the goods on the terms of this Agreement.
3.2 This Agreement regulates the purchase and sale of goods in the Online Store, in particular:
• voluntary choice of goods by the Buyer in the Online Shop;
• independent registration of the Buyer's order in the Online Shop;
• payment by the Buyer of the order made in the Online Shop;
• processing and delivery of the order to the Buyer in property on the terms of this Agreement.
Procedure for ordering
4.1. The Buyer has the right to order any product presented on the Website that is available.
4.2. Each item can be presented in any order and in any quantity.
4.3 The Buyer independently makes an order in the Online Store through the form "Course", or by making an order by e-mail or by telephone number indicated in the contact section of the Online Shop.
4.4 The seller has the right to refuse to transfer the order to the buyer in the event that the information indicated by the purchaser at the time of ordering is incomplete or causes suspicion as to its validity.
4.5 When placing an order on the website of the Online Store, the Buyer independently and at his own discretion chooses the available and offered for sale Goods and clicks on the button "Add to the basket", independently fills in and sends the Seller the form "Order", in which, in particular, must indicate their name, surname, and parental name, their contact phone number, email address, chosen payment method, selected method, and desired place of delivery of the Goods.
4.6 The name, quantity, and price of the goods selected by the Buyer are indicated in the buyer's basket on the website of the Online Shop.
4.7 If any of the Contracting Parties needs additional information, one of them has the right to request it from the other Party. In the event that the buyer fails to request necessary/additional information, the Seller is not responsible for providing quality service to the Customer when purchasing the goods in the online store.
4.8 When ordering through the Operator of the Seller (p. 3.1 of this Offer), The Buyer undertakes to provide the information specified in p. 4.5–4.6 of this Offer.
4.9 After filling out the form "Order" Buyer must carefully familiarize with all the terms of this Agreement, and in case of acceptance (acceptance) of these conditions in full - clicks on the button "Form order", which is considered confirmation by the Buyer of the corresponding Order for the chosen Goods.
4.10 By clicking on the "Order" button, the Buyer confirms his full and complete agreement with all terms of this Agreement without exception, including the terms of delivery and payment of the Goods at the prices indicated on the website of the Online Store on the date of conclusion of the Contract.
4.11 By clicking on the button "Form order" the Buyer confirms that he is in a convenient and accessible way properly in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine "On Protection of Consumer Rights" notified by the Seller about:
• location and mode of work of the Seller;
• the main characteristics and consumer properties of the purchased goods;
• the cost of the goods chosen by the Buyer, as well as the costs of its delivery to the Purchaser;
• the method, procedure and conditions of payment and delivery of the goods chosen by the Buyer; •
Acceptance of claims;
• the period of acceptance of the offer (offering) for the conclusion of this public contract;
• order of termination of the contract;
• other conditions under which the Goods are offered for sale.
4.12 By clicking on the button "Order" the Buyer confirms that he has received in full and properly, in accordance with the requirements of Article 15 of the Law of Ukraine "On Protection of Consumer Rights" all necessary, accessible, reliable, and timely information about the goods chosen by him, which has fully ensured the possibility of a conscious and competent choice of this good.
4.13 The deadline for processing the Buyer's order for the Goods by the Seller is up to 2 (two) working days from the date of completion and sending by the Customer in the manner established in clauses 4.3.-4.4 of this Agreement, the form of such an Order for the goods. In the event that the specified Order for the Goods was sent by the Buyer on a weekend or holiday day, the processing and processing period of this Order begins with the first working day after the weekend or holiday (*this item applies only to the processing or processing of the order, not the manufacturing period).
4.14 The buyer is responsible for the accuracy of the information provided when ordering.
4.15 The delivery time depends on the availability of the goods in stock but is not more than 3 working days. In the absence of goods in stock - the goods are manufactured according to the Buyer's order. In the absence of goods in stock, the Company Manager is obliged to notify the Buyer (by phone or via e-mail).
4.16 In the absence of the goods, the buyer has the right to replace them with a similar model, to refuse this product, and to cancel the order.
Order payment procedure, price, and delivery of goods
Afterpayment
5.1 of 1. Payment is made on receipt of goods in the department of transport companies in cash or non-cash payment in hryvnia.
5.2 The Order with after payment, is sent by subscription, which covers transportation costs in case of rejection by the recipient at the mail. "Nova Poshta" charges a commission in the amount of 2% of the sum of the transfer + 20 UAH for the after payment service upon receipt.
5.3 In case of non-receipt of funds, the Online Store reserves the right to cancel the order.
Invoice Payments via Mastercard/Visa cards
6.1. Payment is made with the help of: Instant Payment Service;
cash-free settlement on the details of the account for payment or PayPal;
Bank details of the legal person of the Seller.
6.2. In case of non-receipt of funds, the online store reserves the right to cancel the order.
The price of the goods and delivery conditions of the order
8.1 The prices of the Goods are determined independently by the seller and indicated on the website of the Online Shop. All prices for Goods are indicated on the website in the national currency – hryvnia.
8.2. Prices for Goods and Services may be changed by the Seller unilaterally depending on the market situation. At the same time, the price of a separate unit of the Goods, the value of which is paid by the Buyer in full, cannot be changed unilaterally by the Seller.
8.3 The cost of the Goods, which is indicated on the website of the Online Shop does not include the cost of delivery of the goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service chosen by him (carrier).
8.4. The Seller may indicate the indicative cost of delivery of the Goods to the Purchaser when addressing the Buyer with the corresponding request to the Seller by sending a letter to the e-mail or when placing an order through the online store operator.
8.5. The obligations of the Buyer to pay for the Goods are considered fulfilled from the moment of receipt of the Seller's funds on his account.
8.6. Settlements between the Seller and the Buyer for the Goods are carried out in the ways indicated on the website of the Online Store in the section "Payment and delivery".
8.7. Non-fulfillment by the Buyer of his obligations to pay for the goods ordered by him is considered a unilateral refusal of the Purchaser from this Agreement in full, which, accordingly, has the consequence of termination in full of all the obligations of the Seller, which arose as a result of the acceptance by the Buyer of the proposal of the Seller on the conclusion of this Contract.
8.8. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where the order is issued. Delivery time in Ukraine with the help of the delivery service "Nova Poshta" is: 1-2 days in large cities; 2-4 days in departments in cities and villages that are away from the central highways of transportation.
8.9. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
8.10. Delivery of Goods is carried out by the Seller in the way and at the place specified by the Buyer in the relevant Order for Goods.
8.11. The cost of delivery of the goods ordered by the Buyer is determined depending on the place and method of delivery indicated by the Customer in the corresponding Order for the Goods.
8.12. The risk of accidental destruction, loss, or damage to the ordered Goods passes to the Buyer from the moment of delivery (delivery) of these Goods to the Purchaser or the Recipient of the Goods.
8.13. When receiving the goods, the Buyer must, in the presence of a representative of the delivery service (the carrier), check the conformity of the Goods to their qualitative and quantitative characteristics (name of the product, quantity, completeness, shelf life).
8.14. The Buyer or his representative, at the time of receipt of the Goods, confirms their receipt by his signature on the goods check, order, or transportation board for delivery of goods.
8.14.1. The signature of the Buyer or Recipient of the Goods on the second copy of the Order form is an unconditional confirmation of the following facts:
receipt of the ordered Goods by the Buyer or Recipient of the Goods;
conformity of the ordered Goods to the order sent by the Buyer for these Goods;
absence of claims from the Buyer regarding the quality and configuration of the ordered Goods.
8.15. This Agreement shall be deemed to be fulfilled at the moment of delivery (delivery) to the Buyer or the Recipient of the Goods ordered by the Purchaser of complete Goods of proper quality, which fully corresponds to the order sent by the Customer for these Goods.
8.16. The refusal of the Buyer or the Recipient of the Goods to accept the ordered Goods, which are of high quality, complete and fully correspond to the Order sent by the Buyer for these Goods and/or the refusal of the Buyer or the Recipient of the Goods to sign the documents for these Goods is considered a unilateral refusal of the Buyer from this Agreement in full, which , accordingly, has the effect of terminating in full all obligations of the Seller that arose as a result of the Buyer's acceptance of the Seller's proposal regarding the conclusion of this Agreement, except for the Seller's obligations to return the funds paid by the Buyer for the Goods (in the event that such funds were paid), and the Buyer has an obligation to pay for delivery.
8.17. The seller carries out international delivery (except for Russia and Belarus). The shipment of orders is carried out by the national postal service at a single fixed tariff in the EU-10 euros and in other countries-20 euros (at the rate per day of payment). Delivery time is 3–14 days from the moment of ordering. The seller is not responsible for customs delays.
8.18. Upon arrival in the country of destination, international orders may be subject to customs duties and taxes imposed by the customs authorities of the destination country. The buyer bears additional costs for customs clearance. In turn, the Seller is not responsible for such costs and cannot foresee the amounts and procedures for collecting customs duties.
Rights and Duties of the Parties
9.1. The seller is obliged:
9.1.1. To deliver the goods to the Buyer in accordance with the terms of this Agreement and the Purchaser's order.
9.1.2. Do not disclose any private information about the Buyer and do not provide access to this information to third parties, except in the cases provided by law and during the execution of the Purchaser's Order.
9.1.3. The seller who has received payment for the goods shall provide the buyer with an electronic document, receipt, goods, or cash check confirming the fact of receipt of funds, indicating the date of payment. **In the case of receipt of the goods at the post office (subject to payment), the corresponding document confirming the fact of payment of goods will be issued by the postal office.
10.1. The Seller has the right:
10.1.1. Unilaterally suspend the provision of services under this contract in case the buyer violates the terms of this contract.
10.1.2. Modify the terms of this Agreement, as well as the prices of Goods and services, unilaterally, posting them on the website of the Online Store. All changes come into effect from the moment of their publication.
10.1.3. To conduct sales and offer promotional offers that provide a temporary possibility of acquiring the Goods on more favorable terms than usual.
11.1. The buyer is obliged:
11.1.1. To pay and receive the order on the terms of this contract.
12.1. The buyer has the right:
12.1.1. Require from the Seller full and proper execution of the terms of this Agreement.
12.1.2. Order in the online store.
Responsibility of the Parties
13.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner stipulated by this agreement and the current legislation of Ukraine.
13.2 The Seller is not responsible for:
• Changed product appearance by the manufacturer; a minor discrepancy in the color range of the product, which may differ from the original product solely due to different color transmission of personal computer monitors of individual models;
• the content and truthfulness of the information provided by the Buyer at the time of placing the order;
• delays and interruptions in the provision of the Services (processing of orders and delivery of goods), occurring for reasons beyond the scope of its control;
• unlawful illegal actions carried out by the Buyer by means of access to the Internet; transfer by the Buyer of their network identifiers – IP, MAC addresses, login, and password to third parties
13.3. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.
13.4. The Seller is not liable for improper, untimely execution of the Orders and its obligations in the event that the Buyer provides inaccurate or false information.
13.5. The Buyer, using the Internet access provided to him, is independently liable for the damage caused by his actions (personally, even if under his name was another person) to persons or their property, legal entities, the state, or the principles of morality.
13.6. In the event of circumstances of force majeure, the parties shall be released from the performance of the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary, unforeseeable nature that exclude or objectively impede the execution of this Contract, the occurrence of which the Parties could not foresee and prevent by reasonable means.
13.7. The Seller or the Buyer shall be exempt from liability for full or partial non-fulfillment of their obligations if the non-execution is the result of force majeure circumstances such as: war or military actions, earthquakes, floods, fires, and other natural disasters arising independently of the Seller's and/or Buyer's will after the conclusion of this contract. A Party that is unable to fulfill its obligations shall immediately notify the other Party.
13.8. The Parties shall make every effort to resolve any disputes only by negotiation.
Return and exchange of goods of proper quality
14.1. The return of goods to the online store is carried out in accordance with the current legislation of Ukraine.
14.2. Goods of proper quality presented on the website of the online store are not subject to return or exchange. The list of goods not subject to return on the grounds provided for in subparagraph
14.5. The Agreement shall be approved by the Cabinet of Ministers of Ukraine by the Resolution of the Government of Ukraine of March 19, 1994, No. 172 "On the implementation of certain provisions of the Law of Ukraine "On protection of consumer rights" (https://zakon.rada.gov.ua/laws/show/172-94-%D0%BF#Text).
Term of the Contract
15.1. An electronic contract shall be deemed to have been concluded from the moment of receipt by the person who sent the proposal to conclude such a contract of the answer about the acceptance of this proposal in the manner determined by Part Six of Article 11 of the Law of Ukraine "On electronic commerce".
15.2. Before the expiration of this Agreement, it may be terminated by mutual consent of the parties until the actual delivery of the goods by means of a refund.
15.3. The Parties shall have the right to terminate this Agreement unilaterally in case of non-compliance by one of the Parties with the terms of this Treaty and in cases stipulated by the current legislation of Ukraine.
Other Conditions
16.1. This contract is concluded on the territory of Ukraine and is a public contract (offering) for the retail sale of goods at a distance by means of distance communication (an Internet network) through the Internet store.
16.2. The withdrawal or modification of the terms of the offer (offer) regarding the conclusion of this public contract, as well as the change of the conditions of the present public contract, may be made by the Seller at any time without additional notice to the Buyer.
16.3. The terms of the offer (Offering) for the conclusion of this Public Contract, as well as the terms of this public contract, are the same for all Buyers.
16.4. The recognition of certain terms of this public contract as invalid, inapplicable, or such that have lost force does not result in the recognition of any other terms of the present public contract as invalid, unsuitable, or such that have lost effect.
16.5. By concluding this public Agreement, the Buyer gives his full and unlimited consent to receiving from the Seller via SMS, e-mail, social networks, etc. informational messages about the news of the Online Store, as well as about the Promotional Offers and Sale of Goods conducted by the Seller in the Online Shop.
16.6. By filling out the form "Order" and/or passing the procedure of registration on the website: https://www.wizartpigment.com/ The Buyer gives his full and unlimited consent to the processing and use by the Seller of information about the Buyer, including information that, according to the current legislation of Ukraine, is considered personal data, exclusively for the following purposes:
• for the purpose of registration and identification of the Buyer in the Online Shop;
• in order to renew the password for registration of the Buyer in the Online Shop;
• for marketing purposes, namely: notification of the Buyer by SMS, email, social networks, etc. about news of the Online Store, Promotional offers and sales of Goods conducted by the Seller in the Online Shop, analysis of the market consumption of the Goods, determination of a circle of potential Buyers, identification of the needs of potential Purchasers in Goods offered for sale, etc.
• in order to faithfully fulfill the Seller’s contractual obligations to the Buyer, including the obligation to deliver the Goods; for the purpose of fulfilling the requirements of the current legislation of Ukraine, including the legislation on the protection of consumer rights.
16.7. All disputes arising between the Buyer and the Seller shall be resolved by negotiation. In case of failure to settle the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for the settlement of the dispute to the judicial bodies in accordance with the current legislation of Ukraine.
16.8. In all matters that have not been reflected in this public agreement, the Parties shall be guided by the norms of the current Ukrainian legislation.
16.9. Payment by the Buyer of the order made in the Online Shop means the full agreement of the Purchaser with the terms of the contract of sale (public offer).
16.10. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions in accordance with Art. 16 of the Law of Ukraine "On Electronic Commerce".
16.11. The use of the Online Shop resource for viewing the goods as well as for ordering for the Buyer is free of charge.
16.12. Information provided by the Buyer is confidential. The e-shop uses information about the Buyer exclusively for the purpose of processing the order, sending messages to the Purchaser, delivering the goods, carrying out mutual calculations, etc.