Terms and conditions
for order, purchase and sale and delivery of goods
This agreement is an official and public offer of the Seller to conclude a contract for the sale of the Goods presented on the NIKITOVKA Seeds website. This agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of their status (individual, legal entity, individual entrepreneur) without preference for one buyer over another. By concluding this Agreement, the buyer fully accepts the conditions and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for an unfair order and other terms of the contract. The Agreement is considered concluded from the moment the "Confirm Order" button is pressed on the order placement page in the "Cart" section and the Buyer receives an electronic order confirmation from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude an agreement for the sale of goods remotely with the Seller (hereinafter referred to as the “Agreement”) on the terms contained in this Offer.
1.2. Goods or Service - an object of agreement between the parties, selected by the buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.3. Online store - the Seller's website at www.nikitovka.com created for the conclusion of retail and wholesale sales contracts based on the Buyer's familiarization with the description of the Goods proposed by the Seller using the Internet.
1.4. The Buyer is a capable natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the Online Store for purposes not related to business activities, or a legal entity or an individual entrepreneur.
1.5. The Seller is PE Tkachova Tatyana Vasilievna (identification code 2853914725), an individual operating in accordance with the current legislation of Ukraine, whose location is: Kiev region, Irpin, Lermontova 6B/6, 08205
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (offer acceptance) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date the Buyer fills out the order form posted on the website of the online store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3. Placing an Order
3.1. The buyer independently places an order in the online store through the "Shopping cart" form, or by placing an order by e-mail or by phone, indicated in the contacts section of the online store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or suspicious of their validity.
3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to complete the order:
3.3.1. surname, name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if the delivery is to the Buyer's address);
3.3.3. contact number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Goods chosen by the Buyer are indicated in the Buyer's basket on the website of the online store.
3.5. If any of the Parties to the agreement needs additional information, he has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.
3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the online store or when placing an Order through the operator. After the Order is placed through the Operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, that is, by accepting the terms of this offer (the proposed conditions for the purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) the Buyer is fully and fully acquainted with and agrees to the terms of this proposal (offer);
b) he gives permission to collect, process and transfer personal data, permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, the conclusion of the contract, the Buyer confirms that he is notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the conditions of this Agreement, the possibility of making mutual settlements, as well as receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notice to the Buyer to fulfill the Buyer's order. The scope of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understandable to him.
4. Price and Delivery of the Goods
4.1 Prices for goods and services are determined by the seller independently and are indicated on the website of the online store. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
4.2 Prices for goods and services may be changed by the seller unilaterally depending on market conditions. At the same time, the price of an individual unit of the Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the website of the online store does not include the cost of delivering the Goods to the Buyer's address.
4.5. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a corresponding request by sending an email or when placing an order through the operator of the online store.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods indicated on the website of the online store in the "Payment and Delivery" section.
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative at the time of acceptance of the Goods confirms with his signature on the sales receipt / or in the order / or on the waybill for the delivery of goods, which does not have claims to the quantity of goods, appearance and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods upon self-delivery of the Goods from the Seller or when the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The seller is obliged:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Do not disclose any private information about the Buyer and do not provide access to this information to third parties, except as provided by law and when fulfilling the Buyer's Order.
5.2. The seller has the right:
5.2.1 Change the terms of this Agreement, as well as the prices for Goods and Services unilaterally by posting them on the website of the online store. All changes take effect from the moment of publication.
5.3 The Buyer undertakes:
5.3.1 Before the conclusion of the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store.
5.3.2 In fulfillment by the Seller of its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and sufficient to deliver the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller a non-food product of good quality if the product did not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used by him for its intended purpose. The buyer has the right to return goods of good quality within 14 (fourteen) days, not counting the day of purchase. Return of goods of proper quality is made if it has not been used and if its presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods are preserved. The list of goods not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. The return to the Buyer of the cost of goods of good quality is carried out within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 6.1. Agreement, the current legislation of Ukraine.
6.3. The cost of the goods is refundable by bank transfer to the account of the Buyer.
6.4. The return of the Goods of good quality to the address of the Seller is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
6.5. If defects in the Goods are revealed during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present the Seller with the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights". When submitting claims for the free elimination of defects, the period for their elimination is calculated from the date the Seller receives the Goods at his disposal and has physical access to such Goods.
6.6. Consideration of the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller upon submission by the Buyer of the documents provided for by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods that arose after its transfer to the Buyer because of the Buyer's violation of the rules for the use or storage of the Goods, the actions of third parties or force majeure.
6.7. The Buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified product can be used exclusively by the Buyer who purchased it (including, at the Buyer's request, non-standard dimensions, characteristics, appearance, equipment). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics indicated in the online store.
6.8. Return of goods, in cases provided for by law and this Agreement, is made at the address indicated on the website in the "Contacts" section
7.1. The Seller is not liable for damage caused to the Buyer or third parties due to improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely execution of Orders and its obligations if the Buyer provides false or false information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that can fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as other actions provided for by the Law of Ukraine "On the Protection of Personal Data without limiting the duration of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the provision by the Seller of information to counterparties and third parties acting based on an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where disclosure of such information is required by the requirements of the current legislation of Ukraine.
8.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and / or the Seller have the right to apply for resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1. Agreement. In addition, changes to the Agreement may be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.