Public Offer Agreement
Previous editions
1. Definitions
1.1. For the purposes of this public sale and purchase agreement, the following terms are used in the following meaning:
1.1.1. Agreement – this public sale and purchase agreement, which provides for the sale of the Products at a distance to an unlimited number of Buyers using the means of remote communication (the Internet) through the NÚKOT online store, located on the website: nukot.com.ua
1.1.2. Products – non-food consumer products (bags, leather products, accessories, etc.) that, under the terms of this Agreement, are offered for sale at a distance using means of remote communication (the Internet) at the NÚKOT online store.
1.1.3. The Seller is a business entity registered in accordance with the current legislation of Ukraine and engaged in trade through the NÚKOT online store. The Seller’s name, location, and other detailed information are available on the website nukot.com.ua in the "PAYMENT" section and can be accessed without making a purchase or incurring any additional costs.
1.1.4. Buyer – any person with legal capacity who, in accordance with the procedure provided for in this Agreement, based on his/her/her own free will fully accepted all its conditions without exception.
1.1.5. Recipient of the Products – any person with legal capacity specified by the Buyer in the relevant Order for the Products as the recipient of the Products.
1.2. For the purposes of this Agreement, all the specified in clauses 1.1.1 – 1.1.5 of this Agreement terms shall be used exclusively in the meaning specified in clauses 1.1.1 – 1.1.5 of this Agreement, regardless of the use of these terms in the singular or plural, or in other grammatical forms, cases and/or constructions.
1.3. All other terms that are not separately defined in this Agreement shall be understood and interpreted in their literal grammatical meaning based on the provisions of the applicable legislation of Ukraine, good business practices, as well as the purpose and subject of this Agreement.
2. Agreement scope
2.1. In accordance with the procedure and subject to the conditions established by this Agreement, the Seller undertakes to transfer to the Buyer the ownership of the Products selected by him/her/her, and the Buyer undertakes to accept and pay for the Products in the manner and subject to the conditions established by this Agreement.
2.2. Ownership of the Products shall be transferred to the Buyer at the time of handover (transfer) of the Products to the Buyer or Recipient and subject to full payment by the Buyer of the cost of the Products in the manner and under the conditions established by this Agreement.
3. Selection of Products and procedure of agreement conclusion
3.1. The Buyer independently and at his/her own discretion selects the Product available and offered for sale at the NÚKOT online store, clicks the "Add to cart" button and independently fills out and sends the "Order" form to the Seller, in which, in particular, he/she shall indicate his/her surname, name and patronymic, contact phone number, e-mail address, selected payment method, selected method and desired place of delivery of the Products (in case the Buyer wishes to receive the Products with delivery), surname, name and patronymic of the recipient of the Products (in case the Products will be received by a person other than the Buyer).
The price of goods, including shipping fees.
Product prices are published on the website nukot.com.ua. Shipping fees are determined by the carrier, LLC "Nova Poshta," and depend on the chosen delivery method and other factors specified by the carrier. Current information about shipping costs can be found online at https://novaposhta.ua/delivery.
In any case, the price of goods, including shipping fees, will be provided upon the consumer's request sent to the email address customercare@nukot.com.ua.
3.2. After filling out the "Order" form, the Buyer shall carefully familiarize himself/herself with all the terms of this Agreement, and in case of acceptance of these terms in full – press the "Finish" button, which is considered the fact that the Buyer has sent the corresponding Order for the selected Product.
3.3. This Agreement shall be considered concluded, and the Seller's proposal for concluding this Agreement (offer) shall be considered fully accepted by the Buyer from the moment the Buyer clicks the "Order" button on the website: nukot.com.ua of the NÚKOT online store.
3.4. By clicking the "Order" button, the Buyer confirms his/her full and complete agreement with all the terms of this Agreement without exception, including the terms of delivery and payment of the Products at the prices indicated on the website: nukot.com.ua of the NÚKOT online store on the date of conclusion of this Agreement by the Buyer.
3.5. By clicking the "Order" button, the Buyer confirms that he/she has been notified by the Seller about: – full name, identification code, location, hours of business, e-mail address of the Seller; – main characteristics and consumer properties of the Products selected by the Buyer; – the cost of the Products selected by the Buyer, including all the taxes and fees, as well as the cost of their delivery to the Buyer; – method, procedure and conditions of payment and delivery of the Products selected by the Buyer; – warranty obligations of the Seller and other services related to the maintenance or repair of the Products selected by the Buyer (if available); – the warranty period and the service life of the Product selected by the Buyer, the mandatory conditions of use of the Product and the possible consequences in case of non-fulfillment; – the procedure of accepting claims; – the period of acceptance of the proposal (offer) regarding the conclusion of this public agreement; – procedure for terminating this Agreement; – other conditions on which the Products are offered for sale in convenient and available way in accordance with the requirements of the Part 2 of the Article 13 of the Law of Ukraine "On Consumer Rights Protection".
3.6. By clicking the "Order" button, the Buyer confirms that he/she has received all the required, available, reliable and timely information about the selected Product in full and in accordance with the requirements of the Article 15 of the Law of Ukraine "On Consumer Rights Protection", which to complete extent ensures the possibility of a conscious and competent selection of this Product.
3.7. Clicking by the Buyer on the "Order" button is considered unconditional and full acceptance by the Buyer of all the terms of this Agreement without exceptions, as well as entering into the relevant contractual legal relationship with the Seller.
3.8. In the cases stipulated by the applicable legislation of Ukraine or at the request of the Buyer, this Agreement shall be concluded in writing.
3.9. The term of processing and execution by the Seller of the Order for Products sent by the Buyer is up to 5 (five) business days from the date of filling out and sending the form of such Order for Products by the Buyer in the manner established by this Agreement. If the specified Order for Products is sent by the Buyer on a weekend or holiday, the term of processing and execution of this Order for Products shall begin on the first business day after the weekend or holiday.
3.10. During the period established in Clause 3.9. of this Agreement, the Seller undertakes: – to assign a serial number to the Order sent by the Buyer for the Products; – to send to the e-mail address indicated by the Buyer in this Order for Products, an automatic electronic notification about the processing of this Order for Products, indicating: – the serial number of this Order for Products assigned by the Seller; – information about the delivery time of the Products ordered by the Buyer.
3.11. The Buyer has the right, upon notifying the Seller, to unilaterally withdraw from this Agreement during the entire period from the moment of its conclusion (acceptance of the Seller's offer by the Buyer) until the actual receipt of the ordered Products.
4. Rights and obligations
4.1. The Buyer has the right:
4.1.1. to request from the Seller full and proper fulfillment of the terms of this Agreement;
4.1.2. to refuse to accept poor-quality or incomplete Products or Products that do not correspond to the Order sent for this Products;
4.1.3. in case the defects of the purchased Products are discovered during the established warranty period, to request from the Seller – either a proportional reduction in the price of the Products, or free elimination of the defects of the Products, or reimbursement of the costs of eliminating the defects of the Products;
4.1.4. in case of discovery during the established warranty period of significant defects of the Product due to the fault of the Seller – either to terminate this Agreement, or to request the exchange (replacement) of the purchased Product with the same Product of proper quality or with another similar Product offered for sale at the NÚKOT online store;
4.1.5. to withdraw from this Agreement in the manner and in the cases provided for by this Agreement and the applicable legislation of Ukraine;
4.1.6. to terminate this Agreement in the manner and in the cases provided for by this Agreement and the applicable legislation of Ukraine;
4.1.7. in case of termination or withdrawal from this Agreement, to request from the Seller to return money paid for the Products;
4.1.8. to exercise other rights provided for by this Agreement and the rules of the applicable legislation of Ukraine.
4.2. The Buyer is obliged:
4.2.1. to properly and fully fulfill all its obligations under this Agreement;
4.2.2. before concluding this Agreement, to carefully familiarize himself/herself with its content and conditions, as well as the cost of the Products offered for sale at the NÚKOT online store, the methods and procedure of payment for them;
4.2.3. before concluding this Agreement, to carefully familiarize himself/herself with the cost and methods of delivery of the Products on the "Delivery and payment" page on the website: nukot.com.ua of the NÚKOT online store
4.2.4. in the manner and under the conditions established by this Agreement, to accept the ordered high-quality and complete Products;
4.2.5. to pay the price of the ordered Products within the terms, in the manner and under the conditions established by this Agreement;
4.2.6. during the warranty period, to keep the corresponding settlement document (receipt, commodity or cashier's check) confirming the sale (handover) of the Products;
4.2.7. to perform other duties stipulated by this Agreement and the rules of the applicable legislation of Ukraine.
4.3. The Seller has the right:
4.3.2. to conduct Sales and offer Promotional offers that provide a temporary opportunity to purchase the Product on more favorable terms than usual;
4.3.3. to exercise other rights stipulated by this Agreement and the rules of the applicable legislation of Ukraine.
4.4. The Seller is obliged:
4.4.1. to properly and fully fulfill all its obligations under this Agreement;
4.4.2. to provide the Buyer with complete and reliable information about the Product and its value by posting this information on the website nukot.com.ua of the NÚKOT online store;
4.4.3. to provide the Buyer with complete and reliable information about the cost and methods of delivery of the Products by placing this information on the pages of the website: nukot.com.ua of the NÚKOT online store
4.4.4. to ensure delivery of the Products ordered by the Buyer to the place indicated by the Buyer and in the manner selected by the Buyer in the relevant Order for such Products within the time frame, in the manner and under the conditions established by this Agreement;
4.4.5. to fully and unconditionally fulfill the warranty obligations established by the Seller and specified in this Agreement or on the website: nukot.com.ua of the NÚKOT online store or directly in the warranty card for the product.
4.4.6. at the request of the Buyer and if there are grounds to exchange (replace) the Products of inadequate quality purchased by him/her for the same Products of proper quality or for another similar Products from among the Products available for sale on the website of the NÚKOT online store nukot.com.ua;
4.4.7. in case of termination or withdrawal from this Agreement by the Buyer, to return him/her the money paid for the Products within the terms, in the manner and under the conditions established by this Agreement;
4.4.8. to perform other duties stipulated by this Agreement and the rules of the applicable legislation of Ukraine.
5. Product price and settlement procedure
5.1. The price of the Products offered for sale at the NÚKOT online store is indicated on the website: nukot.com.ua of the NÚKOT online store (an integral part of this Agreement) and is established in accordance with the procedure provided for by the applicable legislation of Ukraine.
5.2. The price of the Products offered for sale at the NÚKOT online store includes all taxes, fees and any other, including non-taxable, mandatory payments to be made at the customs territory of the Seller. The cost of customs payments and other payments related to the movement of Products from the customs territory of the Seller are the expenses of the Buyer.
5.3. The Seller has the right to conduct seasonal or any other types of sales of the Products offered for sale at the NÚKOT online store (hereinafter referred to as the Sale). Herewith, the Seller shall additionally indicate the following information on the nukot.com.ua website of the NÚKOT online store (an integral part of this Agreement):
– which groups/types of Products are on sale;
– the duration of the Sale, indicating the start and end dates of the Sale;
– the usual value of the Products put up for Sale and their value for the period of the Sale.
5.4. The Seller has the right to offer the Buyers to purchase several Products at once or their combination, as well as to offer the Buyers, in case of purchasing a specific Product specified by the Seller, to purchase another Product specified by the Seller at a reduced price (hereinafter referred to as the Promotional offers). Herewith, the Seller shall additionally indicate the following information on the website: nukot.com.ua of the NÚKOT online store (an integral part of this Agreement):
– the content and value of the Promotional Offer, and in case of an offer to purchase several Products at once or their combination for one price – the value of such Products for each separately;
– the terms of acceptance of the Promotional Offer, in particular the term of its acceptance, as well as any restrictions on its acceptance, including restrictions on the number of Products offered for purchase on such terms.
5.5. The cost of the Products ordered by the Buyer shall be equal for the Buyer to the cost of the Products indicated on the website: nukot.com.ua of the NÚKOT online store on the date of conclusion of this Agreement by the Buyer (acceptance of the Seller's offer by the Buyer), taking into account the reduction in the usual cost of the Products as a result of the measures introduced by the Seller Promotional Offers and/or Sales (if they are held at the time of conclusion of this Agreement by the Buyer).
5.6. From the moment of conclusion of this Agreement by the Buyer (acceptance of the Seller's offer by the Buyer), the Seller has no right in any way and under any conditions to change or in any other way revise for this Buyer the price of the Products ordered by him/her, as well as the cost of its delivery.
5.7. Payment for the Products shall be made on the basis of prepayment.
5.8. The Buyer's failure to fulfill his/her obligations regarding the payment for the Products ordered by him/her shall be considered a unilateral withdrawal of the Buyer from this Agreement in full, which, accordingly, has the effect of terminating in full all obligations of the Seller arisen as a result of the Buyer's acceptance of the Seller's offer to conclude this Agreement.
6. Delivery and handover (transfer) of Products
6.1. The Order of the Products is carried out exclusively with delivery to the address of the Buyer or a third party specified by the Buyer as the recipient. The Seller undertakes within the period specified in Clause 3.9 of the Agreement, but in any case not later than 30 (thirty) calendar days from the date of conclusion of this Agreement by the Buyer (acceptance of the Seller's offer by the Buyer) to send the Products to the Buyer or Recipient of the Products to the place of delivery of the Products specified by the Buyer in the relevant Order for the Products.
6.2. Delivery of the Products is carried out by the Seller in the manner and to the place specified by the Buyer in the relevant Order for the Products.
6.3. The recipient of the Products ordered by the Buyer is the Buyer or the Recipient of the Products.
6.5. Expenses for the delivery of the Products shall be borne by the Buyer or the Recipient.
6.6. Information on the cost and possible methods of delivery of the Products (an integral part of this Agreement) is available on the website: nukot.com.ua of the NÚKOT store
6.7. The delivery of goods ordered by the Buyer is carried out by the Seller through the services of the delivery company LLC "Nova Poshta."
6.8. The delivery and handover (transfer) of the ordered goods via the services of LLC "Nova Poshta" are conducted under this Agreement in accordance with the cargo delivery terms established by LLC "Nova Poshta" (http://novaposhta.ua).
6.9. The Products are handed over (transferred) to the Buyer or Recipient of the Products in a packaged form.
6.10. In case the ordered Product does not correspond to the corresponding Order sent by the Buyer for this Product or the Product is of poor quality, incomplete or has any defects, the Buyer has the right at his/her own discretion:
– to withdraw from this Agreement; or
– to request the exchange (replacement) of this Product for the same Product of the appropriate quality in accordance with the Order sent by the Buyer for the Product or for another similar Product from among the Products available for sale at the NÚKOT online store.
6.11. The risk of accidental destruction, loss or damage of the ordered Products shall be passed to the Buyer from the moment of handover (transfer) of the Products to the Buyer or the Recipient of the Products.
6.12. This Agreement shall be deemed to have been fulfilled at the time of handover (transfer) of the complete Products ordered by the Buyer, of the appropriate quality, which fully corresponds to the Order sent by the Buyer for this Products, to the Buyer or Recipient.
7. Product quality, warranty obligations, procedure of presentation and satisfaction of the buyer's claims
7.1. The Seller undertakes to hand over to the Buyer the Products ordered by him/her of appropriate quality, suitable for use for the purpose for which such Products are usually used.
7.2. The quality of the Products shall meet the requirements established for this category of Products in the relevant legal acts and regulatory documents.
7.3. The Seller ensures the proper use of the goods purchased by the Buyer during the warranty period established by regulatory acts, normative documents, a warranty certificate, or warranty obligations that may be published on the NÚKOT online store website: nukot.com.ua.
7.4. The warranty period shall begin from the date of handover (transfer) of the ordered Products to the Buyer or Recipient.
7.5. When the Buyer exchanges Products of proper quality or exchanges (replaces) Products with significant defects, the warranty period is recalculated from the day of exchange of Products of proper quality or from the day of exchange (replacement) of Products with significant defects.
7.6. The warranty period shall be extended by the period of the Seller's free elimination of defects in the Products. The specified term is calculated from the day when the Buyer handed over the Products to the Seller to eliminate the defects.
7.7. In case defects of the purchased Products are discovered during the established warranty period, the Buyer has the right to request:
– proportional reduction in the price of the Product;
– free elimination of defects in the Products;
– reimbursement of expenses for elimination of defects of the Products;
– termination of the agreement.
7.8. In case the Buyer presents a request for free elimination of defects in the Products, such defects shall be eliminated by the Seller within 14 (fourteen) days from the date of delivery of the Products with defects to the Seller or at another time by mutual agreement of the Seller and the Buyer.
7.9. In case the defects of the purchased Products are discovered during the established warranty period, the Buyer has the right to present to the Seller one of the requirements provided for in the Clause 7.7 of this Agreement, at his/her own discretion, and in case of non-fulfilment, to present another claim, which is also included in the list of the Clause 7.7.
7.10. In case of discovery of significant defects of the Products arisen due to the fault of the Seller, or detection of facts of falsification of the Products, confirmed, if required, by an expert opinion, during the established warranty period, the Buyer has the right, at his/her discretion:
– to terminate this Agreement;
– to request the exchange (replacement) of the Products with significant defects or falsified Products for the same Products of proper quality or for another similar Products, from among the Products available for sale at the NÚKOT online store with a corresponding listing of the value of the Products in accordance with the applicable legislation of Ukraine.
7.11. In case the significant defects of the purchased Products are discovered during the established warranty period, the Buyer has the right to present to the Seller one of the requirements provided for in the Clause 7.10 of this Agreement, at his/her own discretion, and in case of non-fulfilment, to present another claim, which is also included in the list of the Clause 7.10.
7.12. Provided by the Clause 7.7 and the Clause 7.10 of the Agreement requirements shall be considered by the Seller on the condition that the Buyer presents the corresponding settlement document of the established form (receipt, commodity or cashier's check) with a note on the date of sale (date of transfer) of the Products.
7.13. Provided by the Clause 7.7 and the Clause 7.10 of the Agreement Buyer's requirements shall not be satisfied if the Seller proves that the defects of the Products have arisen as a result of the Buyer's violation of the rules of use of the Products or the terms of their storage.
7.14. Unless otherwise specified in the warranty card for the Product, the warranty period shall be 60 (sixty) days.
The Seller reserves the right to reject warranty service:
– in case of violation by the Buyer of the operation, maintenance, storage of the Products or in the presence of mechanical damage to the Products, in particular, but not limited to burns, cuts, abrasions, punctures and other mechanical damage to the integrity of the external coating of the Products;
– when the product is deformed due to improper use, drying, or exposure to foreign substances.
The warranty does not cover accessories.
A change in the color of natural leather when water gets on it is not considered a defect.
7.15. Claims are accepted via email at customercare@nukot.com.ua or at the Seller’s registered address, which is specified in the "PAYMENT" section of the website and can be accessed without making a purchase or incurring any direct costs by the complainant.
8. Exchange and replacement of Products
8.1. The Buyer has the right within 14 (fourteen) business days from the date of receipt of the ordered Good of proper quality (not counting the day of receipt of the Products) to exchange this Products for another similar Products from the Seller, if the received Products do not satisfy the Buyer in terms of shape, dimensions, style, color, size or for other reasons, or the Product cannot be used by the Buyer for its intended purpose.
8.2. Exchange of Products of proper quality is carried out if it has not been used and if its appearance, consumer properties, seals and labels are preserved.
8.3. List of Products that are not subject to exchange and return for the reasons specified in the Clause 8.1 of this Agreement, approved by the Cabinet of Ministers of Ukraine (zakon4.rada.gov.ua/laws/show/172-94-p).
8.4. Exchange of Products of proper quality, as well as exchange (replacement) of Products with significant defects is carried out by the Seller on the basis of a written application of the Buyer, delivered personally to the Seller's representative or sent to the Seller's address specified in the "Return and Exchange" section on the website: nukot.com.ua of the NÚKOT internet store.
8.5. The Buyer's requests for the exchange of Products of proper quality, as well as the Buyer's requests for the exchange (replacement) of Products with significant defects, subject to the Seller availability of the Products required for the exchange or replacement, are subject to immediate consideration by the Seller, but in any case not later than 14 (fourteen) business days from the moment of receipt from the Buyer specified in the Clause 8.4 of this Agreement application.
8.6. The exchange of Products of proper quality, as well as the exchange (replacement) of Products with significant defects is carried out by the Seller, provided that the Buyer has a corresponding settlement document of the prescribed form (receipt, commodity or cashier's check) confirming the sale of the Products to the Buyer, with a note on the date of sale (date of transfer) of the Products.
8.7. If at the time of the Buyer's request to the Seller to exchange the Products of appropriate quality for another similar Products there are no required by the Buyer Products for exchange for sale at the NÚKOT online store, the Buyer has the right:
– to exchange the purchased Product for any other Product from among the Products available for sale at the NÚKOT online store with a corresponding listing of the Product's value in accordance with the applicable legislation of Ukraine;
– to terminate this Agreement in accordance with the procedure established by the Section 9 of this Agreement.
– to exchange the received Product for another similar Product when it will be available for sale at the NÚKOT online store. Herewith, the Seller undertakes to inform the Buyer about this on the day of receipt of such Products for sale.
8.8. The Buyer's return of Products of proper quality, as well as the Buyer's return of Products with significant defects in connection with the exchange or replacement of such Products shall be carried out in accordance with the procedure established by the Section 10 of this Agreement.
9. Agreement termination procedure
9.1. The Buyer has the right to terminate this Agreement within 14 (fourteen) days from the date of receipt of the ordered Products, as well as in other cases provided for by this Agreement and the applicable legislation of Ukraine, by notifying the Seller of this in accordance with the procedure established in the Clause 9.2 of this Agreement.
9.2. The notice of termination of this Agreement shall be considered to be the Buyer's application for the return of the funds paid for the Products, sent to the Seller at the address: Pohrebskyi Shliakh Street, bldg. 29, Pohreby village, Kyiv region, 07416.
9.3. This Agreement shall be considered terminated from the moment the Seller receives the Buyer's application for the return of funds paid for the Products.
9.4. In order to exercise his/her right to terminate this Agreement, the Buyer shall keep and present to the Seller the relevant settlement document of the prescribed form (receipt, commodity or cashier's check) confirming the purchase of the Products, with a note on the date of sale (date of transfer) of the Products.
9.5. Termination of this Agreement by the Buyer has the effect of returning the purchased (received) Products to the Seller in accordance with the procedure established by the Section 10 of this Agreement.
10. Return of the Products
10.1. In case of termination of this Agreement by the Buyer, in case of exchange by the Buyer of Products of proper quality or exchange (replacement) of Products with significant defects by the Buyer, the Buyer shall return the Products to the Seller's address previously specified by the manager of the online store.
11. Funds paid for Products return procedure, the buyer's expenses reimbursement procedure
11.1. The return funds paid by the Buyer for the Products/reimbursement of expenses for the elimination of defects in the Products is carried out by the Seller on the basis of a written application of the Buyer, delivered personally to the Seller's representative or sent to the Seller's address, previously agreed with the manager of the online store.
11.2. Return of funds paid for the Product/reimbursement of expenses for eliminating the defects of the Product to the Buyer is carried out by the Seller in the following way:
– transfer of the appropriate amount of funds to the account opened by the Buyer at a bank, including the card account specified by the Buyer in the application specified in the Clause 11.1 of this Agreement;
11.3. Return of funds paid for the Products is carried out by the Seller, provided that the Buyer returns such Products in accordance with the procedure established by the Section 10 of this Agreement.
11.4. The return funds paid by the Buyer for the Products/reimbursement of expenses for the elimination of defects in the Products is carried out by the Seller not later than 7 (seven) banking days from the moment of receipt from the Buyer of the specified in the Clause 11.1 of this Agreement application and receipt of returned Products by the Seller, unless another term is established by law.
11.5. In case of termination of this Agreement by the Buyer, withdrawal from this Agreement by the Buyer, exchange of Products of appropriate quality by the Buyer, exchange (replacement) of Products with significant defects by the Buyer, the recalculation of the value of the Products is carried out in cases provided for by the applicable legislation of Ukraine.
11.6. In case of exchange by the Buyer of Products of proper quality and exchange (replacement) of Products with significant defects by the Buyer for other Products, the Seller shall make settlements with it in the manner provided for in the Section 11 of this Agreement.
12. Seller's liability and dispute settlement procedure
12.1. The Seller shall be liable for breach of his/her obligations under this Agreement in accordance with the applicable legislation of Ukraine.
12.2. The Seller shall be released from liability for full or partial non-fulfillment of its obligations under this Agreement, if such non-fulfillment is the result of force majeure circumstances.
12.3. For the purposes of this Agreement, the force majeure circumstances mean external and extraordinary events that have not existed at the time of the conclusion of this Agreement and have arisen regardless of the will of the Seller, provided that the Seller has not been able to foresee the occurrence of such circumstances or prevent their occurrence with the help of means, the application of which it is fair to request and expect.
12.4. The force majeure circumstances include, but are not limited to: emergency power outages, earthquakes, fires, floods, epidemics, epizootics, contamination by radiation or any nuclear source, transport disasters, military actions, rebellions, mass disturbances, revolutions, strikes, terrorist acts, social conflicts, decisions of state authorities and local self-government bodies, blockades, embargoes, international sanctions, etc.
12.5. In case the Seller loses the opportunity to fulfill its obligations under this Agreement as a result of force majeure circumstances, the Seller undertakes to immediately notify the Buyer of the occurrence, type and possible duration of events that prevent the proper fulfillment of obligations under this Agreement, within 15 (fifteen) business days from the date of occurrence of such circumstances.
12.6. All the disputes and discrepancies arising between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under this Agreement shall be settled through negotiations.
12.7. In case of failure to reach an agreement on the subject of the dispute through negotiations, all the disputes and discrepancies between the Buyer and the Seller regarding the exercise of their rights and the fulfillment of their obligations under this Agreement shall be settled in accordance with the procedure established by the applicable legislation of Ukraine
13. Personal data and miscellaneous
13.1. This Agreement is a public electronic agreement (offer) for the retail sale and purchase of the Products at a distance using means of remote communication (the Internet) through the NÚKOT online store.
13.2. The period of acceptance of the proposal (offer) regarding the conclusion of this public Agreement is established from the date indicated in the field "Effective version as of ___..." at the beginning of the Agreement text till the time of cancellation of the proposal (offer) by the Seller.
13.3. Withdrawal or change of the terms of the proposal (offer) regarding the conclusion of this public agreement, as well as the change of the conditions of this public agreement, can be carried out by the Seller at any time.
13.4. Withdrawal or change of the conditions of the proposal (offer) regarding the conclusion of this public agreement, as well as the change of the conditions of this public agreement, cannot be grounds for:
– any revision or change of conditions or termination of agreements already concluded by the Seller with the Buyers under the terms of this public Agreement;
– refusal of the Seller from the assumed obligations under the agreements already concluded with the Buyers under the terms of this public Agreement.
13.5. The terms of the proposal (offer) regarding the conclusion of this public Agreement, as well as the conditions of this public Agreement, are the same for all the Buyers.
13.6. The Seller's proposal (offer) regarding the conclusion of this public Agreement shall be considered accepted by the Buyer in full from the moment the Buyer concludes this public Agreement in the manner established by this Agreement.
13.7. The conclusion of this public Agreement (the Buyer's acceptance of the Seller's offer) shall be considered the unconditional and full acceptance by the Buyer of all the terms of this public Agreement without exceptions, including essential conditions, as well as the entry into the relevant contractual legal relationship with the Seller.
13.8. Confirmation of the conclusion of this public agreement is the indicated in the Clause 3.10 of this public Agreement sent by the Seller to the Buyer automatic electronic notification about the processing of the Order for the Products.
13.9. Documentary evidence of the conclusion of this public Agreement is a corresponding settlement document of the prescribed form (receipt, commodity or cashier's check) with a note on the date of sale (date of transfer) of the Products.
13.10. Recognition of certain terms of this Public Agreement as invalid, null and void or such that have lost their validity shall not have the effect of recognizing any other terms of this public Agreement as invalid, null and void or such as have lost their validity.
13.11. By entering into this public Agreement, the Buyer gives his/her full, complete and indefinite consent to receive from the Seller via SMS, e-mail, social networks, etc., informational messages about the news of the NÚKOT online store, as well as about Promotional Offers and Sales of Products held by the Seller at the NÚKOT internet store. Herewith, the Buyer has the right at any time to refuse to receive the specified information messages by notifying the online store about this via the e-mail address or phone number indicated in the Contacts section on the nukot.com.ua website or in another way, as specified in the Notice about personal data processing.
13.12. By filling out the "Order" form and/or going through the registration/authorization procedure on the website: nukot.com.ua of the NÚKOT online store, the Buyer acknowledges that he/she has read the Privacy Policy and gives his/her full, complete and indefinite consent to:
– entry by the Seller (the owner and administrator of the personal data base) into the personal data base "Buyer" of the information provided by the Buyer, including information that is considered personal data in accordance with the applicable legislation of Ukraine;
– distribution by the Seller of information about the Buyer, including information that is considered personal data in accordance with the applicable legislation of Ukraine, to third parties, including couriers and delivery services engaged by the Seller, exclusively for the purposes provided for in the Clause 13.14 of this Agreement;
– dissemination by the Seller of information about the Buyer, including information that is considered personal data in accordance with the applicable legislation of Ukraine, in cases expressly provided for by the applicable legislation of Ukraine.
13.13. By filling out the "Order" form and/or going through the registration procedure on the website: nukot.com.ua of the NÚKOT online store, the Buyer gives his/her full, complete and indefinite consent to the processing and use by the Seller of information about the Buyer, including information that is considered personal data in accordance with the applicable legislation of Ukraine, exclusively for the following purposes:
– for the purpose of registration and identification of the Buyer at the NÚKOT online store;
– for the purpose of renewing the Buyer's registration password at the NÚKOT online store;
– for marketing purposes, namely: notification of the Buyer via SMS, e-mail, social networks, etc. about news of the NÚKOT online store, promotional offers and sales of Products held by the Seller at the NÚKOT online store, conducting an analysis of the market for the consumption of the Products, determining the scope of potential Buyers, determining the needs of potential Buyers in the Products offered for sale;
– for the purpose of conscientious fulfillment by the Seller of its contractual obligations to the Buyer, including obligations regarding the delivery of the Products;
– for the purpose of fulfillment by the Seller of the requirements of the applicable legislation of Ukraine, including the legislation on consumer rights protection.
The purpose, types of information, ways of information collection and the procedure for processing are set out in the Notice on the personal data processing.
13.14. The Buyer may at any time change/delete personal information or refuse from messages or withdraw the consent to data processing. This can be done in his/her personal account on the website nukot.com.ua or in the manner specified in the Notice on the personal data processing.
You can find more about the collection and processing of personal data in the "Notice on the personal data processing ".
13.15. As to all the issues that are not covered by this public Agreement, the Parties shall be governed by the rules of the applicable legislation of Ukraine.
.