User agreement

Public offer agreement

The following text is an agreement between the Parties and defines the terms and conditions for the purchase of goods through the website of the online store located at the link https://gaderia.com.ua

You and the Online Store are parties to this Agreement. When we say “Online Store”, “we”, “us”, “company”, we mean individual entrepreneur “Kolyadko Sergiy Oleksandrovych”.

FOP Kolyadko Sergiy Oleksandrovych is an individual entrepreneur registered in accordance with the legislation of Ukraine, acting on the basis of the record of state registration of an individual entrepreneur dated 31.08.2022 No. 2010350000000196192.

General provisions

1.1 This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine), its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur).

1.2. In case of acceptance of the terms of this Agreement, i.e. the public offer of the Online Store, the User becomes the Buyer.

Terms and definitions

2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
“Product” – an item sold in the online store;
“Online store” – in accordance with the Law of Ukraine “On Electronic Commerce”, a means for the presentation or sale of goods, works or services by means of an electronic transaction.
“Seller” means a company that sells goods presented on the Website.
“Buyer” – an individual who has entered into an Agreement with the Seller on the terms set forth below.
“Order” – the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.

Subject of the agreement

3.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement governs the sale and purchase of goods in the online store, including:

voluntary selection of goods by the Buyer in the online store;
the Buyer’s independent placement of an order 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 in the ownership under the terms of this Agreement.

Ordering procedure

4.1 The Buyer has the right to place an order for any product presented on the Website of the Online Store and available.

4.2. Each item can be presented in the order in any quantity.

4.3. In the absence of goods in the warehouse, the Company Manager is obliged to notify the Buyer (by phone or e-mail).

4.4. In the absence of goods, the Buyer has the right to replace it, refuse this product, cancel the order.

Order payment procedure

5.1. Payment is made by cashless method with Visa and MasterCard through the LiqPay system

5.2. In case of non-receipt of funds, the Online Store reserves the right to cancel the order.

Terms of delivery of the order

6.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where orders are issued, or through targeted courier delivery

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 violation of the terms of this Agreement by the Buyer.

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 in the online store;
sign an electronic contract;
require the Seller to fulfill the terms of this Agreement.

Responsibility of the parties

8.1. The Parties shall be liable 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.

8.2. The Seller is not responsible for:

the appearance of the Goods changed by the manufacturer;
for a slight discrepancy in the color scheme of the product, which may differ from the original product solely due to the different color rendering of personal computer monitors of individual models;
for the content and accuracy of the information provided by the Buyer when placing an order;
for delays and interruptions in the provision of the Services (order processing and delivery of goods) that occur for reasons beyond its control;
for unlawful illegal actions performed by the Buyer using this Internet access;
for the transfer by the Buyer of its network identifiers – IP, MAC address, login and password to third parties;

8.3. The Buyer, using the Internet access provided to him/her, is solely responsible for the damage caused by his/her actions (personally, even if another person was under his/her login) to persons or their property, legal entities, the state or moral principles of morality.

8.4. In the event of force majeure, the parties shall be released from fulfillment of the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances shall mean events of an extraordinary, unforeseen nature that exclude or objectively interfere with the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable means.

8.5. The Parties shall use their best efforts to resolve any disagreements exclusively through negotiations.

Other conditions

9.1. The Online Store reserves the right to unilaterally amend this Agreement subject to its prior publication on the website https:/www.gaderia.com.ua

9.2. The online store was created to organize a remote method of selling goods via the Internet.

9.3. The buyer is responsible for the accuracy of the information specified when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data, within the meaning of the Law of Ukraine “On Personal Data Protection”.

9.4. Payment by the Buyer of the order placed in the online store means the Buyer’s full consent to the terms of the purchase and sale agreement (public offer)

9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms and conditions, in accordance with Art. 11 of the Law of Ukraine “On Electronic Commerce”

9.6. Using the resource of the online store for previewing the goods, as well as for placing an order for the Buyer is free of charge.

9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, making settlements, etc.

The procedure for returning goods of good quality

10.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.

10.2. Return of the goods to the Online Store is made at the expense of the Buyer.

The term of the contract

11.1 An electronic agreement shall be deemed concluded from the moment the person who sent the proposal to conclude such an agreement receives a response on acceptance of this proposal in accordance with the procedure established by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.

11.2. Before the expiration of the term, this Agreement may be terminated by mutual agreement of the parties until the goods are sent, by refunding the money

11.3. The Parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment by one of the Parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.