General Provisions
1.1. This agreement is an official offer from the website “Manuscript Books,” hereinafter referred to as the “Seller,” to conclude a Distance Selling Agreement for goods through an online store, hereinafter referred to as the “Agreement,” and places the User Agreement (offer) on the official website of the Seller “https://manuscript.in.ua/” (hereinafter referred to as the “Website”).
1.2. The moment of the full and unconditional acceptance of the Seller’s offer by the Buyer to conclude an electronic sales agreement for goods is considered the fact of payment by the Buyer of the order on the terms of this Agreement, within the deadlines and at the prices indicated on the Seller’s Website.
Terms and Definitions
2.1. In this agreement, unless the context requires otherwise, the following terms have the following meanings:
- “Goods” – models, accessories, components, and accompanying items;
- “Online Store” – in accordance with the Law of Ukraine “On Electronic Commerce,” a means for providing or implementing a product, work, or service by concluding an electronic agreement;
- “Seller” – a company selling goods presented on the Website;
- “Buyer” – an individual who has entered into an agreement with the Seller on the terms set out below;
- “Order” – the selection of individual items from the list of goods specified by the Buyer when placing an order and making a payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the online store, including:
- the voluntary choice of goods by the Buyer in the online store;
- the independent execution of the order by the Buyer in the online store;
- payment by the Buyer for the order placed in the online store;
- processing and delivery of the order to the Buyer’s ownership on the terms of this Agreement.
Order Processing Procedure
4.1. The Buyer has the right to place an order for any product presented on the Website and available in stock.
4.2. Each item can be included in the order in any quantity.
4.3. In the absence of the goods in stock, the Company’s Manager is obliged to notify the Buyer (by phone or email).
4.4. In the absence of the goods, the Buyer has the right to replace it with a product of a similar model, refuse the product, or cancel the order.
Order Payment Procedure
5.1. In the case of cash on delivery, payment is made upon receipt of the goods at the transport company’s branch in cash in hryvnias.
5.2. In case of non-receipt of funds, the online store reserves the right to cancel the order.
Order Delivery Terms
6.1. The delivery of goods purchased in the online store is carried out to the warehouses of transport companies, where the orders are issued.
6.2. Documents in accordance with the legislation of Ukraine are provided to the Buyer along with the order.
Rights and Obligations of the Parties:
7.1. The Seller has the right to:
– unilaterally terminate the provision of services under this agreement in case of the Buyer’s violation of the terms of this agreement.
7.2. The Buyer is obliged to:
– timely pay for and receive the order on the terms of this agreement.
7.3. The Buyer has the right to:
– place an order on the Website;
– demand that the Seller fulfill the terms of this Agreement.
Liability of the Parties
8.1. The parties are responsible for the non-fulfillment or improper fulfillment of the terms of this contract in the manner provided for in this contract and the current legislation of Ukraine.
8.2. The Seller is not liable for:
– changes made by the manufacturer to the appearance of the Goods;
– minor discrepancies in the color range of the product, which may differ from the original product solely due to the different color rendering of computer monitors of individual models;
– the content and accuracy of the information provided by the Buyer when placing an order;
– delays and disruptions in the provision of Services (order processing and product delivery) that occur for reasons beyond its control;
– illegal actions committed by the Buyer using this Internet access;
– the transfer by the Buyer of their network identifiers – IP, MAC address, login, and password to third parties;
8.3. The Buyer, using the Internet access provided to him, is solely responsible for the damage caused by his actions (even if another person was using his login) to individuals, legal entities, the state, or moral principles of morality.
8.4. In case of force majeure circumstances, the parties are released from the performance of the conditions of this contract. Force majeure circumstances for the purposes of this contract are events of an extraordinary, unforeseen nature that exclude or objectively hinder the performance of this contract, the occurrence of which the parties could not foresee and prevent by reasonable means.
8.5. The parties make every effort to resolve any disagreements solely through negotiations.
Other Terms
9.1. The website reserves the right to unilaterally make changes to this contract with the prior publication on the website https://manuscript.in.ua/.
9.2. The online store is created to organize the remote sale of goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. In doing so, when accepting (placing an order and subsequent payment for the product), the Buyer provides the Seller with their unconditional consent to the collection, processing, storage, and use of their personal data within the meaning of the Law of Ukraine “On Personal Data Protection.”
9.4. The payment by the Buyer for the order placed on the website means the full agreement of the Buyer with the terms of the sales contract (user agreement).
9.5. The actual date of the electronic contract between the parties is the date of receipt by the person who sent the proposal to conclude such a contract of the response to the acceptance of this proposal in the manner provided for in Part Six of Article 11 of the Law of Ukraine “On E-commerce.”
9.6. The use of the Internet website resource for previewing the product, as well as for placing an order for the Buyer, is free.
9.7. The information provided by the Buyer is confidential. The website uses information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivering the product, conducting settlements, and other purposes.
Procedure for Returning Goods of Proper Quality
10.1. The return of goods to the website is carried out in accordance with the current legislation of Ukraine.
10.2. The return of goods to the website is at the expense of the Buyer.
10.3. When the Buyer returns a product of proper quality, the website returns to the Buyer the amount paid for the product upon the return of the product, minus the compensation for the expenses of the online store associated with the delivery of the product to the Buyer.
Term of the Agreement
11.1. The electronic contract is considered concluded from the moment the person who sent the proposal to conclude such a contract received a response to the acceptance of this proposal in the manner provided for in Part Six of Article 11 of the Law of Ukraine “On E-commerce.”
11.2. Before the expiration of the term, this contract can be terminated by mutual agreement of the parties until the actual delivery of the product, by returning the funds.
11.3. The parties have the right to unilaterally terminate this contract in case one of the parties fails to fulfill the conditions of this contract and in cases provided for by the current legislation of Ukraine.
Please note that the online store “Manuscript Books” on the official website https://manuscript.in.ua/ has the right, in accordance with the legislation of Ukraine, to provide the right to use the Internet platform to individuals and legal entities for the sale of goods.