Contract offer

Attention!!! Please read these terms and conditions carefully before browsing this site. If you do not agree to these terms, do not use this site. Using this site, including filling out various forms, applications, as well as ordering goods / services by you using this site, means your acceptance of the terms of this Agreement.

Terms used in this Agreement:

- Administration - administration of the website of the online store https://limonad.ua.

- Site - the website of the online store https://limonad.ua, including all web pages; the owner of the online store is "LIMONAD".

- Agreement - this user agreement.

- Seller - a legal entity or an individual entrepreneur who places on the Site information about the goods / services sold by it. The seller can be both the Administration and any other person to whom the Site Administration has granted permission to post information about the product / service of such a person. The name of the Seller is indicated in the documents for the transfer of the Goods to the Recipient (acceptance certificate or in other documents confirming the transfer of the Goods to the Recipient).

- Goods - goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Site.

- User - a person who views information on the Site and / or orders and receives goods using the tools of the Site. Recipient and Payer are Users.

- Order - the User's request through the Site to the Seller with a request to sell the Goods, as well as the totality of the Goods ordered by the User.

- Payer - the person paying for the Order. - Recipient - the person specified by the Payer as the person authorized to receive the Goods according to the Order. Unless otherwise specified in the Order form, the Recipient is the Payer.

- Offer - information posted on the Site about a specific Product that can be purchased by the consumer. The offer includes: information about the product itself, information about its price, methods of payment and delivery, as well as other conditions for the purchase of the Product by the consumer. The terms of the offer are determined by the seller. The offer is not an offer, only information about the possible conditions for the purchase of goods.

 

  1. General Terms of Use of the Site.

    1.1. The site is a platform for placing offers for the sale of goods.

    1.2. This Agreement is a public offer. By accessing the materials of the Site, the User is considered to have acceded to this Agreement.

    1.3. The Site Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes come into force from the moment the new version of the Agreement is posted on the site.

    1.4. The offer on the Site is not an offer. However, the User, after reading the Offer, has the right to make an offer to the Seller (Sellers) by filling out the Order form. Filling out the Order form is considered an offer by the User to the Seller for the User to purchase the relevant Goods on the terms specified in the Offer.

    1.5. The User understands that his offer is being redirected by the Administration to the Seller selected by the Administration. This provision does not mean that the Administration acts as an agent of the Seller and / or assumes any responsibility for the fulfillment of the Order by the Seller.

    1.5. The offer is considered accepted by the Seller if the latter has performed actions indicating the acceptance of the User's offer, namely: actually shipped the goods, started providing services or performing work in accordance with the conditions stipulated by the User's offer.

    1.6. After receiving the User's offer, the Seller has the right to offer to purchase the Goods on other terms than provided by the User's offer. In this case, such an offer is considered a counter offer and must be accepted by the User. The acceptance of the counter offer is the actual receipt by the User (Recipient) of the Goods under the conditions stipulated by the counter offer. The seller has the right to withdraw such a counter-offer by the time the goods are issued.

    1.7. Sufficient evidence of the acceptance of the offer by the Seller or a counter offer (i.e. the agreement by the Parties of all essential conditions for the sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.

    1.8. It is not considered acceptance by the Seller of the User's Offer that the Seller and / or the Administration sends a message from the Seller / Administration about the receipt of the User's Order and / or about the timing its receipt and/or the price of the Goods. This message is solely a notification of the receipt by the Seller of the User's offer (but not of its acceptance) and contains a reproduction of the terms of the offer provided by the User.

    1.9. The only remedy provided to the User in case of discrepancy between the actual terms of sale and the offer is to provide the User (Recipient) with the right to refuse to receive and accept the relevant Goods and demand a refund of the cost paid for it, as well as the cost of delivering the Goods to the point of issue (if these amounts were actually paid by the Payer). The recipient has the right to exercise this right until the signing of the documents confirming the receipt of the Goods (including the carrier's documents on the delivery of the shipment with the Goods to the Recipient).

    1.10. The moment of receipt and acceptance of the Goods by the Recipient is the moment (depending on what happened earlier):

    - signing by the Recipient of the act of acceptance and transfer of the Goods (or other equivalent document confirming the fact of transfer of the Goods to the Recipient), or - signing by the Recipient of the carrier's documents confirming the fact of receipt of the shipment containing the Goods, or - actual receipt by the Recipient of the Goods and commission by the Recipient actions indicating the acceptance of the Goods (the Recipient received the Goods and left the point of issue of the goods).

    1.11. Product information.

    1.11.1. Information in the Goods is contained on the Goods itself, its packaging, shipping documents for the Goods. Information about the product can also be provided remotely (by phone by posting information about the product on the site). The user confirms his consent to receive information about the product by means of remote communication.

    1.11.2. Upon receipt of the Goods, before signing the documents confirming the receipt of the Goods, the Recipient is obliged to familiarize himself with the information about the Goods contained on the Goods and / or packaging and / or in the shipping documents. If it is necessary to obtain additional information about the Goods, the Recipient is obliged to contact the Seller and obtain the necessary information by means of remote communication until the Recipient accepts the Goods.

    1.11.3. The price of the Goods indicated in the Offer is indicative.

    1.12. Disclaimer.

    1.12.1. The site is a platform for placing offers by sellers. In this regard, the Administration (except when the Administration is the Seller) does not bear any responsibility to the Users (Payers, Recipients) for the fulfillment of the Order by the Sellers and related issues, including, but not exclusively: for compliance with the terms of the Offer the actual conditions for the sale of the Goods, for the absence of the Goods, for the delay in the delivery of the Goods, for the quality of the Goods, for the proper performance of warranty obligations by the Sellers and / or manufacturers.

    1.12.2. The conditions specified in the offer are preconditions for the purchase of goods. The terms of the Offer may be changed by the Sellers, including after the Order has been accepted for execution. The specific conditions for the sale of the Goods by the Sellers may be determined and changed by the Sellers until the Goods are transferred to the Recipient.

    1.12.3. In case of aging materials (including the terms of the Offer) on the Site, the Administration does not undertake to update them. The Administration shall under no circumstances be liable for any damages (including but not limited to losses from loss of profits, data or business interruption) arising from the use, inability to use or the results of using this Site.

    1.12.3. The Seller's responsibility for changing the conditions for the purchase of the Goods in comparison with those specified in the Offer is limited to the fact that the Recipient (User, Payer) has the right to refuse to purchase the Goods and demand the return of the funds paid for it (if any).

    1.12.5. In any case, the amount of damages (both material and non-property) that can be paid to the User (Payer, Recipient) in connection with the violation of his rights when using the Site (including in connection with the failure to fulfill the Order) or its improper execution, other violations of the User's rights) in accordance with Art. 22 of the Civil Code of Ukraine is limited to ten hryvnia.

    1.12.6. Warranty obligations apply to goods for which a warranty period is established in accordance with the conditions specified in the warranty card and / or in the information materials of the manufacturer. If, in accordance with the legislation of Ukraine, a warranty period should be established for a product, but it is not established by the manufacturer, the warranty period for such a product is considered to be three days.

    1.3. The user is responsible for the accuracy of the data specified in the Order form. In the event that inaccurate (incorrect) indication of data in the Order has led to additional costs for the Seller associated with the delivery of the Goods to the wrong address or the issuance of the Goods to the wrong Recipient, all losses and expenses associated with this are borne by the User. The Seller has the right to withhold the amount of such losses or expenses for the amounts paid by the Payer as payment for the Goods (to offset counterclaims).

 

  1. Obligations of the parties.

    2.1. The User undertakes to carefully read this Agreement. In case of disagreement with the terms, the User undertakes to immediately stop using the Site.

    2.2. The User agrees not to resort to actions that may be considered as violating Ukrainian legislation or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Site and services of the Site.

    2.3. Use of materials from the Site without the permission of the copyright holders is not allowed. For the legitimate use of the materials of the Site, it is necessary to conclude license agreements (obtaining licenses) from the Copyright Holders.

    2.4. When citing materials from the Site, including copyrighted works, a link to the Site is required.

    2.5. Comments and other entries of the User on the Site should not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.

    2.6. The user is warned that the Site Administration is not responsible for visiting and using external resources, links to which may be contained on the site.

    2.7. The user accepts the provisions that all materials and services of the Site or any part of them may be accompanied by advertising. The user agrees that the Site Administration is not responsible and has no obligations in connection with such advertising.

    2.8. The User understands that the Sellers are separate business entities that are not controlled by the Administration. The User is aware that the Administration does not have any authority to influence the fulfillment by the Sellers of their obligations to accept and / or fulfill the Order, as well as obligations after the sale of the Goods.

 

  1. Procedure for the exchange and return of the Goods by the recipient (user, payer).

    When receiving the goods at the delivery or courier offices, carefully look at the appearance of the packaging, the product and the warehouse of your order!

    After the parcel with the goods has been received by you, you automatically agree with the quality, quantity, order package. That is why, claims regarding the lack of goods, discrepancies, damage or did not have time (a) to check, did not have the opportunity to check, will not be accepted!

    Dear buyers, if you need an exchange-return, guarantee, you need to write to us by e-mail (hidden) the whole procedure, how to proceed is described in the paragraphs below for you.

    Communication with customers is carried out only by e-mail of the company in order to improve service.

    In the case of making a purchase in an offline store, all the following procedures are similar, with the exception of the mandatory execution of the act of acceptance and transfer of goods in paper form in 2 copies, one of which remains in the store, and the other remains for the buyer. This act of transfer and acceptance is proof of the transfer of the product to the store.

    Rules for storage of repaired equipment:

    The period of storage of equipment in the warehouse is 30 days from the date of completion of the repair. If the Customer does not pick up the equipment within 30 days from the date of notification by the Contractor about the readiness or non-repairability of the device, it is subject to disposal.

    For more information on the rules of exchange and return, please visit our website: https://limonad.ua/exchange-and-return.html

 

  1. Personal data.

    4.1. By placing an Order on the Website https://limonad.ua and/or ticking the appropriate box on the website https://limonad.ua before filling in his personal data, the User gives his consent to the Administration for the collection and processing, use, distribution, depersonalization and destruction) of the data indicated by him, namely: surname, name, patronymic; Email; telephone; address; Date and place of birth; an identification number; citizenship; availability of benefits; information about registration as an individual entrepreneur; marriage information; information about income and expenses; phone number; place of work and position; work experience; date and reasons for dismissal from previous jobs; information about receiving pensions; Family status; property status (presence of immovable and/or movable property); place of actual residence; place of residence according to state registration; passport data (number, series, by whom and when issued); information about children, including adopted children; other data in order to ensure the implementation of sales relations, relations in the field of consumer protection, in the field of advertising and marketing research, and also gives his consent to the transfer (distribution) of his data to LLC NOVAYA POCHTA (EDRPOU 31316718), other transport - forwarding and courier organizations, any Banks and / or financial institutions and other third parties (without limitation) at the discretion of LIMONAD. This provision is valid indefinitely.

    4.2. The source of personal data collection is information directly and voluntarily provided by the User.

    4.3. The owner of the personal data provided by the User is "LIMONAD", location: Kiev, st. Julius Fuchik, 9. The personal data base "Clients" is located at Kiev, st. Julius Fucik, 9

    4.4 The subject of personal data, in accordance with the Law of Ukraine "On the Protection of Personal Data", has the right: to know about the sources of collection, the location of their personal data, the purpose of their processing, the location or place of residence (location) of the owner or manager of personal data, or to give an appropriate instruction to obtain this information to persons authorized by him, except in cases established by law; receive information about the conditions for granting access to personal data, in particular, information about third parties to whom his personal data is transferred; access to your personal data; receive no later than thirty calendar days from the date of receipt of the request, except as otherwise provided by law, an answer on whether his personal data is being processed, as well as receive the content of such personal data; present a reasoned demand to the owner of personal data with an objection to the processing of their personal data; present a motivated request to change or destroy their personal data by any owner and manager of personal data, if these data are processed illegally or are unreliable; to protect your personal data from illegal processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or untimely provision of them, as well as to protect against the provision of information that is unreliable or discredits the honor, dignity and business reputation of an individual; file complaints about the processing of their personal data with the Commissioner or the court; apply legal remedies in case of violation of legislation on the protection of personal data; make reservations about limiting the right to process your personal data when giving consent; withdraw consent to the processing of personal data; know the mechanism of automatic processing of personal data; in defense of an automated decision that has legal consequences for him.5. Other conditions.

     

  2. Other terms.

    5.1. The user has the right to appoint a third party as the recipient of the purchased goods. In this case, the recipient is obliged to indicate in the order form the data necessary to identify the recipient and deliver the goods. The relations of the parties, in any case, are subject to the provisions of Art. 636 of the Civil Code of Ukraine.

    5.2. To issue the Goods to the Recipient, the latter is obliged to present an identity document (passport) upon receipt of the Goods.

    5.3. Upon receipt of the goods, the recipient is obliged to sign the documents confirming the receipt of the goods.

    5.4. All possible disputes arising from this Agreement or related to it shall be resolved in accordance with the current legislation of Ukraine.

    5.5. Nothing in the Agreement can be understood as the establishment between the User and the Website Administration of agency relations, company relations, relations on joint activities, personal employment relations or any other relations not expressly provided for in the Agreement.

    5.6. Recognition by the court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.

    5.7. Inaction on the part of the Site Administration in case of violation by any of the Users of the provisions of the Agreement does not deprive the Site Administration of the right to take later appropriate actions to protect their interests and protect copyrights to the materials of the Site, protected in accordance with the law. The User confirms that he is familiar with all the clauses of this Agreement and accepts them.

 

 

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