Public contract of sale
The owner of the Internet site (Internet store https://famili.com.ua), or a person authorized by the Owner, hereinafter referred to as the "Seller", guided by Art. 633 of the Civil Code of Ukraine, offers an unlimited number of individuals, hereinafter referred to as the "Buyer", jewelry made of precious metals and precious stones, watches of all kinds, accessories and bijouterie, as well as similar products, in an assortment on the terms of this Public Agreement, which are given below:
1. Terms used in the Public Agreement.
1.1. Public contract - a contract of sale that establishes for all Buyers, except for those who, according to the legislation of Ukraine, are granted benefits, the same conditions for the purchase of the Goods on the terms of a public offer from the moment it is accepted by the Buyers
1.2. Public offer - the offer of the Seller, addressed to any individual or legal entity in accordance with Art. 641 of the Civil Code of Ukraine, conclude an agreement with him on the terms provided for by the Public Agreement.
1.3. Acceptance - the provision by the Buyer of full and unconditional consent to the Seller to the proposal to conclude a Public Agreement on the terms stipulated by the Public Agreement, which is executed:
by ordering the Buyer, carried out through the order basket in the Seller's online store at the web address https://famili.com.ua
by ordering the Buyer, made by phone call to the number specified in the Seller's online store at the web address https://famili.com.ua
by ordering the Buyer, carried out in the retail stores of the Seller
which indicates the acceptance by the Buyer of the Public Offer.
1.4. Goods -similar products, as well as watches of all kinds in quantity, assortment and at a price presented in the Seller's online store at the web address https://famili.com.ua
1.5. Significant defect - a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the Seller, after its elimination it appears again for reasons beyond the control of the Buyer and at the same time has one of the following signs:
the defect cannot be eliminated at all;
elimination of the deficiency requires more than 14 (fourteen) calendar days;
the defect makes the Goods substantially different from those stipulated by the Public Agreement.
1.6. The owner of the Internet site (Internet store https://famili.com.ua)
- an individual entrepreneur and/or other individual entrepreneurs who act on the basis of exclusive agreements concluded with an individual entrepreneur
2. Acceptance of the Public Agreement.
2.1. For the Buyer, confirmation of the full and unconditional acceptance of the Public Offer is one of the following methods for placing an order by the Buyer, namely:
2.1.1. the Buyer's order made through the order basket in the Seller's online store at the web address https://famili.com.ua/ua/order/
2.2. From the moment the Seller receives the Order, the Public Agreement is considered concluded without its further signing.
3. Subject of the Public Agreement.
3.1. The Seller undertakes to transfer to the Buyer the Goods that belong to the Seller by right of ownership, and the Buyer undertakes to accept the Goods and pay for them in the manner and on the terms provided for in the Public Agreement.
3.2. The main characteristics of the Goods are contained in the Seller's online store at the web address site in the description under each respective Good.
3.3. The manufacturer reserves the right to change the composition, packaging, color scheme of the product, warranty period, technical specifications, etc. without prior notice. The product description on the site may contain inaccuracies.
4. The quality of the Goods and the warranty period.
4.1. The quality of the Goods complies with standards, specifications, other technical documentation that establishes requirements for its quality or samples (standards). Compliance of the Goods with the requirements of the legislation of Ukraine is confirmed by the method and in the manner prescribed by the current legislation of Ukraine.
4.2. The Seller provides a guarantee for the Goods for the period specified by the manufacturer of the relevant Goods.
4.3. If the Buyer detects defects in the Goods during the warranty period, the Buyer has the right to:
4.3.1. for a proportional reduction in the price of the Goods;
4.3.2. for free elimination of defects in the Goods within a reasonable time;
4.3.3. to reimburse the costs of eliminating defects in the Goods.
4.4. If the Buyer detects significant defects in the Goods during the warranty period, the Buyer has the right to:
4.4.1. to terminate the Public Agreement and return the amount of money paid for the Goods;
4.4.2. demand replacement of the Goods with the same or similar, from those available to the Seller.
4.5. Delivery of the Goods to eliminate defects to the nearest outlet of the Seller during the warranty period or after the expiration of the warranty period is carried out at the expense of the Buyer.
5. Terms of delivery of the Goods.
5.1. Delivery of the Goods is carried out by the methods provided for in the Seller's online store at the web address - https://famili.com.ua/ua/dostavka-oplata/ at the time of the Order by the Buyer.
5.2. Delivery of the Goods is carried out throughout Ukraine.
5.3. If the Goods are delivered by the Seller, the Seller is responsible for the safety of the Goods until it is transferred to the Buyer.
5.4. In case of delivery of the Goods by third parties (courier service, forwarding service, etc.), the relevant third party is responsible for the safety of the Goods until it is transferred to the Buyer.
5.5. The Seller undertakes to deliver the Goods to the Buyer within the following terms:
5.5.1. within 4 (four) business days from the receipt of the Order if the Goods are in stock at the Seller;
5.5.2. within 14 (fourteen) working days from the date of receipt of the Order in case of placing the Buyer's Order for the manufacture of the Goods;
5.5.3. within 28 (twenty eight) working days from the date of receipt of the Order in case of placing the Buyer's Order for the manufacture of the Goods of increased complexity and / or with a long production cycle;
5.5.4. at another time agreed by the Buyer and the Seller
5.6. The ownership of the Goods passes to the Buyer from the moment of payment of 100 (one hundred)% of the cost of the Goods in any way provided.
6. Price and payment procedure for the Goods.
6.1. The price of the Goods is determined based on the prices indicated in the Seller's online store at the web address https://famili.com.ua at the time of the Order by the Buyer and requires confirmation by the Seller after receiving the order from the Buyer.
6.2. The Buyer undertakes to pay the cost of the Goods in the following order:
6.2.1. if the Goods are in stock at the Seller, the Buyer undertakes to pay 100 (one hundred)% of the cost of the Goods on the day of receipt of the Goods;
6.2.2. in the case of placing an Order for the manufacture of the Goods, the Buyer undertakes to pay up to 70 (seventy)% of the cost of the Goods within 3 (three) business days from the date of placing the Order, the remaining 30 (thirty) percent of the cost of the Goods, the Buyer undertakes to pay on the day of receipt of the Goods, up to the time of its actual transfer.
6.3. Payment for the Goods is made by the Buyer on the basis of an invoice issued by the Seller or in another way agreed by the Seller and the Buyer. All payments are made in the national currency of Ukraine - the hryvnia.
6.4. Payment by the Buyer of the Goods is made in one of the following ways:
6.4.1. In cash;
6.4.2. transfer of funds to the current account of the Seller in a banking institution. The day of payment is the day of crediting funds to the current account of the Seller.
7. Responsibility of the Parties.
7.1. For non-fulfillment or improper fulfillment of obligations under the Public Agreement, the Seller and the Buyer shall be liable under the current legislation of Ukraine.
7.2. In case of violation of the terms for making payments stipulated by the Public Agreement, the Buyer undertakes to pay the Seller a penalty in the amount of the double discount rate of the National Bank of Ukraine for each day of delay in payment.
7.3. In case of violation by the Seller of the terms of delivery of the Goods stipulated by the Public Agreement, the Seller undertakes to pay the Buyer a fine in the amount of the double discount rate of the National Bank of Ukraine for each day of delay in delivery.
7.4. In case of early termination of the Public Agreement at the initiative of the Seller before the delivery of the Goods to the Buyer, the Seller undertakes to return to the Buyer 100 (one hundred)% of the advance payment for the Goods.
7.5. The payment of a penalty or a fine does not release the Buyer or the Seller from the fulfillment of obligations under the Public Agreement.
7.6. The Seller and/or the Buyer shall be released from liability for failure to fulfill obligations under this Public Agreement in cases where there are force majeure circumstances (force majeure) that arose after the conclusion of the Public Agreement due to extraordinary actions that could not be foreseen and/or prevented reasonable ways.
7.7. The presence and duration of force majeure circumstances (force majeure) must be duly confirmed by the relevant document of the competent authority.
8. Duration of the Public Agreement.
8.1. The public contract gains legal force from the moment of its acceptance by the Buyer and is valid until the full fulfillment of obligations by the Seller and the Buyer.
8.2. A public contract may be prematurely terminated:
8.2.1. by mutual agreement of the Seller and the Buyer;
8.2.2. at the initiative of the Buyer by notifying the Seller within 14 (four twenty) calendar days from the receipt of the Goods;
8.2.3. By the tribunal's decision;
8.2.4. in the event of force majeure circumstances (force majeure), which is confirmed by the relevant document of the competent authority.
9. Other terms.
9.1. All disputes that have arisen in connection with non-fulfillment or improper fulfillment of the terms of the Public Agreement are resolved through negotiations.
9.2. Disputes that could not be resolved through negotiations are subject to judicial review in accordance with the current legislation of Ukraine.
9.3. In cases not regulated by this Public Agreement, the Seller and the Buyer are guided by the current legislation of Ukraine.
9.4. The invalidity of individual provisions of the Public Agreement does not provide for the invalidity of the Public Agreement as a whole, since it can be assumed that this Public Agreement could have been concluded without including such provisions in it.
9.5. The titles of the Articles of the Public Agreement are used solely for convenience and in no way affect their content or interpretation.
9.6. The Buyer confirms that from the moment of placing the Order, he (the Buyer) is notified of the inclusion of his own personal data voluntarily provided to the Seller in the personal data base "Counterparties".
9.7. The Buyer allows the Seller to carry out all actions that, in accordance with the Law of Ukraine "On the Protection of Personal Data", are the processing of the Buyer's personal data, according to the formulated purpose of their processing, which is to ensure the implementation of economic, civil, tax relations and relations in the area provided for by the founding documents, accounting documents, relations in the field of human resource management and implementation of operational activities with such data, which allows you to assign a person to a certain object in the field of its activities in accordance with the Civil Code of Ukraine, the Commercial Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine "On Accounting and financial reporting in Ukraine”.
9.8. In order to achieve the purpose of processing the personal data base "Counterparties", the Buyer grants permission to process his personal data to the extent that is provided to them upon conclusion of the Agreement with the Seller and necessary for the implementation of the above purpose.
9.9. The Buyer confirms that from the moment of placing the Order, he (the Buyer) is familiar with the rights provided for by the Law of Ukraine "On the Protection of Personal Data".
9.10. The Buyer grants his consent to the transfer (distribution) of his personal data, which is included in the personal data base "Counterparties", solely for the purpose provided for by this Agreement, to the subjects associated with the implementation of this purpose.
9.11. The buyer provides his consent to the storage of his personal data for 75 (seventy five) years.
9.12. The Buyer allows access to personal data that is included in the personal data base "Counterparties" to third parties in the cases and in the manner prescribed by the current legislation of Ukraine, and does not require notification of the transfer (distribution) of personal data that is included in the personal data base "Counterparties" if such transfer (distribution) is carried out solely for the purpose provided for by this Agreement.
9.13. Claims from the Buyers are accepted by the Seller at 23A Sichovykh Streltsov, Kyiv, 04053, Ukraine
9.14. Warranty repair of the Goods is carried out by the Seller
tel.: 096 000 2739