1.1 This Sales Purchase Agreement (hereinafter - the Agreement) is a public agreement concluded at a distance and at the same time a public offer - a proposal by FOP Granovskiy V.I., the Seller to conclude a public agreement for the sale of the Goods by means of remote communication, ie through the Seller's online store, located at: https://www.coffeinaction.com/ with any interested person under the terms and conditions of this Agreement.
1.2 An Acceptance of the offer in order to conclude this Agreement by the Buyer, shall be carried out by executing the Order of the Goods in the online store under the terms specified in this Agreement.
TERMS AND DEFINITIONS
2.1. Terms and definitions contained in the Agreement are used in the following sense:
Goods - coffee, coffee drinks, hardware, gifts
Online Store - the Website of the Seller's online store located at https://www.coffeinaction.com/, and it includes all of its web pages.
Seller - the company, that by means of remote communication through the Seller's online store.
Buyer - a person with full legal capacity, a legal entity, a sole proprietorship intending to place and/or placing an order in the Online Store for the purpose of purchasing the Goods.
Order - properly executed procedure of the purchase, placed through the Site.
SCOPE OF THE AGREEMENT
3.1. The Seller shall agree to transfer the Goods to the Buyer, and the Buyer shall agree to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the Online Store, including:
- freewill choice of Goods by the Buyer in the online store;
- independent registration of the order in the Online Store by the Buyer;
- payment by the Buyer for the order placed in the Online Store;
- processing and delivery of the order to the Buyer’s ownership under the terms of this Agreement.
4.1. The buyer has the right to place an order for any available product presented on the website of the Online Store.
4.2. Each item can be included in the order in any available quantity.
4.3. If the goods are not in stock, the Company Manager is obliged to notify the Buyer (by phone or e-mail).
4.4. In case Goods are not available the Buyer has the right to replace it with the Goods by analog, to reject the Goods, to cancel the Order.
- Online payment by Visa / Mastercard via the Portmone service
- Payment to the current banking account
5.1. If no funds are received, the Online Store reserves the right to cancel the order.
6.1. Delivery of Goods purchased in the Online Store is carried out
By Nova Poshta - costs of the delivery of the Goods are set according to the tariffs of the delivery service. Free for orders over 1000 UAH
Pickup in our coffee shop at the address: Kyiv, street Lower Shaft, 51
PARTIES OBLIGATIONS AND RIGHTS
7.1. The seller has the right to:
- unilaterally terminate the provision of services under this agreement in case the Buyer violates the terms of this agreement.
7.2. The Buyer is to:
- pay the Order on time and receive orders under the terms of this agreement.
7.3. The Buyer has the right to:
- place an Order in the Online Store;
- require the Seller to comply with the terms of this Agreement.
RESPONSIBILITY OF THE PARTIES
8.1. The Parties shall be responsible for the non-fulfillment or improper fulfillment of the terms and conditions provided by this Agreement and by the legislation of Ukraine.
8.2. In the event of force majeure, the parties shall be exempted from the terms and conditions of this Agreement. Occurring of force majeure means events of an extraordinary, unavoidable, and unpredictable nature, which prevents or objectively impedes the performance of this Agreement, the occurrence of which the Parties could not have foreseen or prevented by reasonable measures.
8.3. The Seller is not responsible for
Goods appearance changed by the manufacturer for a slight discrepancy between the color scheme of the product, which may differ from the original product only due to the different color rendering of personal computer monitors of individual models;
for the content and truthfulness of the information provided by the Buyer when placing an order;
for delays and interruptions in the provision of Services (order processing and delivery of goods), which occur for reasons beyond its control;
9.1. The Online Store shall have the right to make unilateral changes in this Agreement, which shall be posted on the Site https://www.coffeeinaction.com/.
9.2. The buyer is responsible for the accuracy of the information provided during the Order processing. In this case, upon acceptance (ordering and subsequent payment for the Goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of their personal data, within the meaning of the Law of Ukraine "On Personal Data Protection".
9.3. Payment for the Order placed in the Online Store means the Buyer's full consent to the terms of the contract of sale (public offer)
9.4. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On e-commerce"
9.5. The use of the Online Store for previewing the goods, as well as for placing an order is free of charge.
9.6. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer exclusively for the purpose of processing the Order, sending messages to the Buyer, delivery of Goods, settlements, etc.
RETURNS & EXCHANGES
10.1. Return of the Goods to the Online Store is carried out in accordance with current legislation of Ukraine.
10.2. Return of goods to the Online Store is made at the cost of the Buyer.
10.3. If at the moment of exchange the similar Goods are not available for sale, the Buyer has the right to either buy any other Goods from the available in an assortment with corresponding transfer of value, or to terminate the Agreement and receive money back in the amount of the returned Goods, or to exchange the Goods for the same ones at the first receipt of the relevant Goods for sale.
TERM OF THE PUBLIC OFFER
11.1. An electronic agreement is considered concluded from the moment the person who sent the proposal to enter into such an agreement receives a response on the acceptance of this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Until the expiration of this Agreement may be terminated by mutual consent of the parties until the actual delivery of the goods, by refund
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 by the current legislation of Ukraine.