Article 1. General provisions.
1.1. This Agreement regulates the procedure for the User’s access to the information posted on the Site, the procedure for using the Site, as well as the possibility of transferring goods and other conditions.
1.2. The site is a platform for placing offers for the sale of goods by the Seller.
1.3. This agreement is in accordance with Art. Art. 633, 641 and Ch. 63 of the Civil Code of Ukraine is a public contract (offer) and is addressed to an indefinite number of persons, regardless of status (individual, legal entity, individual entrepreneur), who wish to purchase goods, information about which is contained on the Site. Since this Agreement is a public offer, by accessing the materials of the Site, the User\Buyer is considered to have joined this Agreement.
1.4. Product information is displayed on the Site and is dynamic. This means that the information can be updated, changed and supplemented by the Administration at any time without prior notice to the User. The specified changes come into force after their publication on the Site and apply to any order placed after their publication.
1.5. Information about the Seller’s product, terms of its purchase, prices and any other information of the Seller is accurately displayed on the Site. Information on the Site about the Product, Content, Seller and other terms of operation of the Site and the legal relationship between the parties to this Agreement serves only as a supplement to the terms of this Agreement. In case of conflict of information on the Site with the terms of this Agreement, the terms of the Agreement shall prevail and shall be applied.
1.6. This Agreement can be concluded by a natural person who has reached the age of 18, who has full legal capacity, who uses this site and/or its individual tools, who has agreed to the terms of the Agreement and fully assumes the obligations arising from the use Site and conclusion of this Agreement.
1.7. By ordering goods on the Site, the Buyer agrees to all the terms of this Agreement and its Appendices.
1.8. The offer on the Site is not an offer. However, after reading the Offer, the Buyer has the right to make an offer to the Seller by selecting the product and filling out the form in the “Ordering” section. Filling out the specified form is considered an offer by the Buyer to the Seller to purchase the corresponding product on the terms specified in the Offer. An unregistered User may also make an offer to the Seller, while he must correctly enter all the necessary data in the “Ordering” form on the Site.
1.9. The offer is considered accepted by the Seller (acceptance) if the latter has taken actions that indicate acceptance of the Buyer’s offer, namely: actually shipped the goods in accordance with the conditions stipulated in the Buyer’s offer or provided access and the ability to download content through the User’s Personal account.
1.10. After receiving the Buyer’s offer, the Seller has the right to offer to purchase the goods on other terms than those stipulated in the Buyer’s offer. In this case, such an offer is considered a counter offer and must be accepted by the Buyer. Acceptance of a counter-offer is actually considered payment, receipt of goods by the Buyer/Recipient on the terms stipulated in the counter-offer. The seller has the right to withdraw such a counter-offer before the payment and delivery of the goods.
1.11. In the event of an error in the sent acceptance, the Parties have the right to change the conditions only in case of timely notification of such error to each other.
1.12. Sufficient proof of the acceptance of the offer by the Seller or the counter offer (ie, the agreement of the Parties on all the essential terms of the sale of the goods) is the actual payment
1.13. The sending by the Seller/Administration by electronic means (SMS notification, e-mail, telephone, etc.) or other communication of the Seller/Administration’s notification of the receipt of the Buyer’s Order or the terms of its receipt and/or the price shall not be considered as acceptance by the Seller of the Buyer’s offer. of goods This notification is solely a notification of the Seller’s receipt of the Buyer’s offer (but not of its acceptance) and contains a reproduction of the terms of the offer provided by the Buyer.
1.14. Information about the Product is posted directly on the Site, in addition, when receiving the product, before signing the documents confirming the receipt of the product, the Buyer/Recipient is obliged to read the information about the product contained on the Product and/or packaging and/or in the accompanying documents . If it is necessary to obtain additional information about the goods, the Buyer/Recipient is obliged to contact the Seller and obtain the necessary information by means of remote communication before the acceptance of such goods.
1.15. Discounts/promotions cannot be combined with other discounts/promotions and discounts by promotional code.
Article 2. Registration on the website and order processing procedure
2.1. In order to be able to make a purchase on the site, the User must register on the site. To do this, he must fill out a registration form. The Administrator reserves the right to reject any application for registration and/or terminate anyone’s registration on the Site.
2.2. Also, the User can place an Order for the product without the corresponding registration, but at the same time, he must correctly fill out the mandatory fields in the “Ordering” form.
2.3. When registering on the Site, namely filling out the registration form and creating a Personal account, the User undertakes to provide the information marked as mandatory in full, and the User is also responsible for the reliability, correctness and truthfulness of the information marked as mandatory, as well as and other provided information. In case of detection of any unreliability, incorrectness or untruthfulness of the information provided by the Registered User, the Site Administration absolutely reserves the right to cancel the Account of such a Registered User at any time without any compensation or reimbursement.
2.4. By entering information into the registration form of the Site, as well as placing an Order, the Buyer confirms that he is familiar with the terms of this Agreement, and all actions that he will take will not contradict the terms of this Agreement.
2.5. The Order is considered accepted for execution, and the Agreement between the Buyer and the Seller is concluded, after the Buyer receives an electronic message to the e-mail address from the Seller or by making a phone call by the Seller to the mobile phone number specified by the Buyer during registration, with confirmation of the fact of agreement and acceptance of the Order .
2.6. The Seller has the right to reject the Order in case of actual absence of the goods in stock, by sending an electronic message or making a phone call to the Buyer. In such a case, the rights and obligations of the Parties related to the sale, delivery and transfer of the ordered goods to the Buyer and their payment to the Seller provided for in this Agreement shall be terminated, and the value of the goods, if paid for, shall be returned to the Buyer.
2.7. In the event that the Seller is unable to confirm the Order with the Buyer, due to an incorrectly specified e-mail address or phone number, the Seller has the right to cancel such unconfirmed Order.
Article 3. Price and terms of payment of goods
3.1. The price of the product is indicated on the Site in the appropriate section at the time of placing the Order, and does not include the cost of delivery.
3.2. The seller has the right to unilaterally change the price of the goods without warning. However, the Seller has no right to change the price of the ordered goods after the Order has been accepted by the Seller and the Buyer has received an email or phone call confirming the Order or the Buyer has paid for the goods.
3.3. The price of the product is paid in the national currency of Ukraine – hryvnia.
3.4. The Buyer can pay for the ordered Goods: with a Visa or MasterCard bank card on the Site at the time of placing the Order; by transferring funds immediately before receiving the Goods to the Seller’s bank account; with a Visa or MasterCard bank card in the terminals located in the Seller’s self-delivery branches before receiving the Order.
3.5. The User/Buyer understands and agrees that the operator for receiving and making payments for the goods presented on the Site is, depending on the circumstances, one of the acquiring companies connected to the Site and chosen independently by the User/Buyer in the process of paying for the goods .
3.6. The goods must be fully paid for by the Buyer before the Seller hands them over.
3.7. In the event that the Order is canceled by the Buyer or rejected by the Seller, the paid price of the Goods shall be refunded, and the already spent funds for delivery incurred before the cancellation of the Order by the Buyer shall not be refunded.
3.8. Content payment terms
3.8.1. Access to viewing the catalog of Content posted on carsarheve.com in the relevant section is free of charge for Users of the Site, and a fee is charged for access to download selected files of Content in the formats presented on the site.
3.8.2. Payment for paid Content is made by Visa or MasterCard bank card on the Site at the time of placing the Order.
3.8.3. In the event that the Buyer makes payment for granting access to download the Content and it is impossible to directly download it due to technical or any other reasons by the Buyer (caused by the Buyer and due to the fault of the Buyer), the refund of the paid funds will not be made, and the Content will be considered that duly received. Refunds are only possible if the Seller has provided a non-working file (which cannot be reproduced or saved (if proven after verification by the Seller) and if the Seller is unable to replace such file. Therefore, Content of the appropriate quality for the return and cannot be exchanged.
3.8.4. The price of the Content may change regardless of whether it was on sale or not. The Seller does not compensate the Buyer for the cost of the purchased Content if, over time, this Content becomes promotional and its value significantly decreases. The buyer of the Content understands and agrees that after a certain period the price of the promotional Content may change, and the free promotional Content may become paid and vice versa.
3.8.5. Prices for Content may change without notice to the Buyer of Content. If the price reduction occurs after the Purchaser of the Content, the Site Administration is not obliged to make any compensation to such Purchaser of the Content.
3.9. In case of cancellation of the Order or return of the goods, the money shall be returned to the Buyer.
3.10. When returning the goods, the money shall be returned to the Buyer only after the goods have been received and the Seller has processed a duly completed return application.
3.11. Refunds can be made in one of the following ways: to the bank card from which the payment was made by the Buyer; by making a postal transfer.
3.12. The term of return of funds is up to 14 working days.
Article 4. Procedure for the transfer of goods
4.1. The delivery of goods is carried out throughout the territory of Ukraine, with the exception of the Autonomous Republic of Crimea and the territories of ATO.
4.2. Delivery of the Product Order is carried out within 5 (five) calendar days from the moment of processing and agreement of the Order by the Seller with the Buyer, to the address indicated by the Buyer. Delivery on the territory of Kyiv is possible on the day of placing the Order in accordance with the agreed terms of delivery.
4.3. Access to downloading the Content is granted to the Buyer immediately after payment for such Content, the Content is stored in the Buyer’s Personal account in the appropriate section without a time limit. Thus, from the moment of the possibility to download the Content and its appearance in the Personal account, it is considered that the Seller has provided access to the Content in full.
4.5. When placing the Order, the Buyer has the opportunity to independently choose the delivery method, namely: courier delivery (delivery by courier to the address specified by the Buyer); receiving the goods at the selected branch of the delivery service.
4.6. The cost of delivery of goods is carried out according to the tariffs of the companies that directly deliver the goods. All the necessary information regarding the delivery of goods is indicated by the Buyer during the order placement in the “Order placement” section on the Site.
Article 5. Warranty conditions
5.1. Subject to compliance with the requirements for proper use of the goods by the Buyer, the Seller guarantees the high quality of the goods during the warranty period. The warranty period for the product is 14 (fourteen) calendar days, unless otherwise established by the manufacturer (supplier) and/or legislation or indicated on the Site. 5.2. The warranty period begins from the moment of handing over the goods to the Buyer, which is indicated in the relevant document.
5.2. The content has no warranty period.
Article 6. Liability of the Parties
6.1. The Buyer/User of the Site agrees and guarantees not to take any actions that violate Ukrainian legislation or norms of international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal functioning of the Site and its services.
6.2. The Buyer/User is obliged to inform the Site Administration in a timely manner about unauthorized access to the Personal Account of the User/Buyer by third parties.
6.3. The user has no right to transfer the right to use his Personal account to third parties.
6.4. The User/Buyer is prohibited from offering or using the information posted on the Site (including the Content) for commercial purposes without the written consent of its authors/rightholders and the Site Administration, as well as in any other way distributing the received Content, its copies.
6.5. By accepting the terms of the Agreement, the User/Buyer confirms that he has read and agrees with the terms of this Agreement.
6.6. Comments and other entries of the User/Buyer on the Site must not contradict the requirements of the legislation of Ukraine and generally accepted standards of morality and morality.
6.7. The use of Site materials without the written consent of the Administration is not allowed. When quoting materials from the Site is agreed upon, the link to the Site is mandatory.
6.8. The User/Buyer is responsible for the accuracy of the data specified in the registration form and the Order form. In the event that incorrect, inaccurate and/or incorrect entry of data in the Order has led to additional costs for the Seller related to the delivery of the goods to an incorrectly specified address or delivery of the goods to an incorrectly specified Recipient, all related losses and costs are borne by the User / Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the goods.
6.9. The responsibility for money transfers made by the Payer lies entirely with the banking institutions and payment systems whose services the Payer decides to use. The seller does not assume responsibility for their actions.
Article 7. Dispute Resolution and Applicable Law
7.1. This Agreement is drawn up in accordance with the legislation of Ukraine. The User/Buyer who is located outside of this jurisdiction fully agrees to subject legal relations arising during any use of the Site to the laws of Ukraine, and these Terms apply to him to the maximum extent permitted by his jurisdiction without applying any conflict of laws rules.
7.2. The Parties confirm that in the event that any condition of this Agreement becomes or is recognized as invalid due to inconsistency with the law, this condition will not be taken into account or the Parties will take measures to amend the Agreement to the extent that the Agreement is valid and fully preserve the intentions of the Parties.
7.3. The User/Buyer acknowledges and agrees that the resolution of all possible disputes arising from the relationship between the Parties and which the Parties were unable to resolve through negotiations within at least 30 days shall be resolved in accordance with the current legislation of Ukraine.
7.4. The Buyer/User shall send any claims and disputes regarding the provision of access to download Content to the Administration, and in the event that they cannot be resolved amicably, they shall be resolved in accordance with the legislation of Ukraine.
Article 8. Return of goods
8.1. In the event that the goods do not meet the Buyer’s expectations, he has the right to return the purchased goods of proper quality within 14 (fourteen) calendar days from the day of receipt, subject to compliance with the conditions stipulated by the Law of Ukraine “On the Protection of Consumer Rights”.
8.2. Goods of appropriate quality, defined by the Resolution of the Cabinet of Ministers of Ukraine “On the implementation of certain provisions of the Law of Ukraine “On the Protection of Consumer Rights” dated March 19, 1994 No. 172, are not subject to return.
8.3. Content cannot be returned after it has been paid for on the Site by the Buyer.
8.4. In order to return the goods, the Buyer must inform about it by calling the appropriate number indicated on the Site or by sending an e-mail to: firstname.lastname@example.org with the mark “Product Return Request”.
8.5. The returned product must be in its original condition, labels, tags, packaging with a barcode must be preserved, the product must not have signs of use, etc.
8.6. When returning (shipping via delivery service) a product delivered in individual packaging (manufacturer’s packaging), it is necessary to pack such product additionally and preserve the appearance of the product in individual packaging. The seller has the right to refuse to accept the returned product if it was packed improperly, as a result of which traces and/or damage remained on it (on the individual packaging) (including those that occur during its transportation (scratches, dents , marking, additional tape fixing of the cargo and/or accompanying documents, etc.) — as a product, the commercial appearance of which has not been preserved by the Buyer.
Article 9. Other conditions
9.1. All rules and conditions for the implementation/execution of individual actions/operations, posted in the relevant sections of the Site, are integral parts (as Annexes) of this Agreement, which determine the obligations of both Parties. If the terms fixed in the text of this Agreement and the terms specified in its Appendices (site sections) differ, the Parties are governed by the terms specified in the Appendices. The sale of goods by the Seller to the Buyer is governed by this Agreement, as well as the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Protection of Consumer Rights”, the Rules for the sale of goods to order and outside retail or office premises, and other legislative acts to the extent that they do not contradict the specifics of electronic commerce
9.2. By placing an Order, the Buyer confirms that: he is familiar with and agrees with all the conditions set forth in this Public Offer and unconditionally accepts them; all actions that will be carried out by them will not contradict the terms of this Agreement.
9.3. The Administration has the right to make changes to the text of this Agreement and/or Appendices without prior notice. Changes to the Public Offer come into force after their publication and apply to any Order made after their publication.
9.4. The user undertakes to read this Agreement carefully. In case of disagreement with its terms, the User undertakes to immediately stop using the Site
9.5. The Seller and the Buyer communicate using e-mail, telephone communication (SMS, etc.), applications, advertisements and/or messages. The buyer agrees that all messages, data or other information provided in electronic form have legal force and are equivalent to documents drawn up in writing, taking into account the provisions of clause 1.5. of this Agreement.
9.6. By registering on the Site, the Buyer gives his consent to receive updated information, newsletters with the latest news, new arrivals, special offers and sales announcements through any means of communication, including electronic messages (e-mail), SMS, etc.
9.7. If the Buyer wishes to opt out of receiving communications related to this Agreement/Site, he must contact the Support Service by calling or sending an e-mail to the e-mail address specified on the Site with a request to unsubscribe from the newsletter. The request will be fulfilled within a day from the moment of its receipt.
9.8. The Administration reserves the right to block the Buyer (depriving him of the opportunity to order and purchase goods), to make appropriate statements to law enforcement authorities and to transfer such Buyer’s data to them in the event that any actions of the Buyer, in the opinion of the Seller, bear signs of fraud and may cause damage to the interests of other Users/Buyers or third parties.
Address: Irpenskaya 63a, office 3