OFFER (s)
ABOUT ENTERING INTO A CONTRACT FOR THE PURCHASE AND SALE OF GOODS
LLC LK-TRANS, represented by Director Andrey V. Mineev, acting on the basis of the Charter, offers (provides an offer) to conclude a contract for the purchase and sale of Goods on the terms and in the manner specified below in the relevant section apps Lotok. The Buyer, acting for the purpose of purchasing Goods, accepts the terms of this offer to conclude a contract for the purchase and sale of goods (hereinafter referred to as the Contract) on the following terms.
1. GENERAL PROVISIONS
1.1. The following information is an official offer (offer) to any legal entity or individual to conclude a contract for the purchase and sale of goods. The specified contract is public, i.e. according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.
1.2. The terms of this offer (offer) are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur).
1.3. The product is offered under this offer (offer) to be used by the Buyer for its final consumption as a consumer. In this regard, the terms of the Contract, which is proposed to be drawn up in accordance with this offer (offer), are subject to the requirements of the Law of Ukraine "On Consumer Rights Protection".
1.4. According to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of a Contract for the purchase and sale of goods on the proposed terms, the fact that the Buyer pays for the cost of the order in the Lotok application Lotok The product.
1.5. By entering into the Contract, the Buyer confirms the following provisions::
a) The Buyer is fully acquainted with and agrees with the terms of this offer (offer);
b) if the Buyer is a natural person, gives permission for the Seller to process their personal data in order to be able to fulfill the terms of the Contract, to be able to conduct mutual settlements, to inform the buyer about the current offers, as well as to receive invoices, certificates and other documents and use the information for marketing purposes. Permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Contract, the Customer confirms that he / she is notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his / her personal data is transferred to the Seller in order to be able to conduct mutual settlements, inform the buyer about current offers, as well as for receiving invoices, acts and other documents and using the information for marketing purposes. The Customer also agrees that the Seller has the right to provide access and transfer its personal data to third parties without any additional notification to the Customer, without changing the purpose of processing personal data. The scope of the Customer's rights as a personal data subject under the Law of Ukraine "On Personal Data Protection" is known and understood by him.
2. TERMS AND DEFINITIONS
2.1. Seller – LLC "LK-TRANS", which operates on the basis of a Certificate of state registration, is registered in accordance with the legislation of Ukraine and managesusing the Lotok mobile appLotok, located on the Internet.
2.2. Product – a product of nature and human labor, which is included in the list of products published in the Lotok mobile applicationLotok, for which the price, name and description of the product are indicated. Also, the product description can be accompanied by its image.
2.3. Buyer – a natural or legal person who makes payments in cash and is the buyer of goods or services.
2.4. Order – a Buyer's request for the purchase of Goods addressed to the Seller, which is executed and provided to the Seller using software toolsthe Lotok mobile app Lotok.
2.5. Lotok mobileодаток Lotokdatabase – a set of data that can be accessed using mobile application, and software modules combined by a single management system, located on the Internet.
2.6. Personal Account – the Buyer's personal section onin the Lotok mobile appLotok, which only the Buyer and Seller have access to, where the Buyer's personal information and the history of Orders placed by them are reflected.
3. SUBJECT OF THE CONTRACT OF PURCHASE AND SALE OF GOODS
3.1. The Seller undertakes в порядкуto sell the Goods on the basis of an Order placed by the Buyer by ordering in the Lotok mobile application, and the Buyer undertakes to buy the Goods and pay for its cost, in accordance with the conditions and in accordance with the procedure defined by this offer (offer) on the conclusion of a contract for the purchase and sale of goodsдодатку Lotok.
3.2. The Seller guarantees that the Goods are not pledgedу заставу, are not in dispute, are under arrest and are not subject to the rights of third parties.
3.3. The Seller and the Buyer confirm that the contract concluded between them is not a fictitious, imaginary transaction and agreement, is carried out under the influence of violence or deception.
3.4. The Seller confirms that he has all the necessary permits to carry out business activities provided for by the legislation, which regulates the scope of legal relations arising and operating in the course of the performance of the contract, and also guarantees that he has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine violations of the Buyer's rights in the course of contract execution and sale of goods.
3.5. The Buyer accepts the terms of this offer (offer) at the time of placing an Order by clicking on the "Place an order" in the Lotok mobile applicationLotok, which means that the Buyer confirms that he has read the text of this offer (offer) and agrees to its terms. The presence of any objections of the Buyer regarding the provision таким чином, releases the Seller from any liability for non-compliance with the terms of this offer and grants the Seller the right to cancel the Order unilaterally.
4. RULES FOR WORKING WITH ДОДАТКОМ USING THE Lotok APP
4.1. The Buyer can view the contentmobile app, place Orders, and use its other services.
4.2. For access The buyer's access to personalized information and providing additional opportunities to work withand mobile app requires registration.
4.3. When registering, the Buyer enters the following information:
* Last name, first name, patronymic.
• Phone number.
• Email address.
Order delivery address
User Name
password
4.4. The Buyer undertakes to provide real, accurate and complete information about himself. The Seller is not responsible for the accuracy and correctness of the information that the Buyer leaves when registering and making an Order.
4.5. The Buyer undertakes not to disclose to third parties the access parameters specified during registration. If the Buyer has any suspicions about unauthorized use of such parameters by third parties, the Buyer undertakes to immediately notify the Seller by calling the Seller's Hotline or sending an email to: __________(create addresses!)@lotok.in.ua
4.6. The Buyer is responsible for any actions performed in the mobile application under his account and on his behalf.
4.7. The Seller has the right to refuse the Buyer to place an Order if he has reason to believe that the Buyer has provided false data, as well as if he is acting in bad faith (for example, violating the terms of this offer (offer) or others).
4.8. It is forbidden to useLotok mobile application Lotokfor carrying out illegal or prohibited activities.
5. ORDER PLACEMENT PROCEDURE
5.1. The Buyer independently places an Order in the Lotok mobile application Lotokby adding the selected Products to the Basket by clicking the "buy " button".
5.2. You can place an Order for Products soon as you are registered in the Lotok mobile app Customers.
6. PRICES AND PAYMENT PROCEDURE
6.1. The price of each individual Product is determined by the Seller and indicated in the Lotok mobile applicationLotok. The Order price is determined by adding the price of all Goods included in the Order and the delivery price, which is equal to the Total amount to be paid, which is indicated in the Lotok mobile application Lotokwhen placing an Order at the time of its placement.
6.2. The contract price is equal to the Order price. The order amount may vary depending on the price, quantity, or product range.
6.3. The Buyer pays for the Goods according to the Order by cash or non-cash payment.
6.4. Payment for Services is made in the national currency of Ukraine-UAH.
6.5. The order is considered paid from the moment the Buyer transfers funds to the Seller's representative, either by cash or non-cash payment. The fact of payment for the Order indicates that the Buyer agrees to the terms of this offer to conclude a contract.
6.6. The price of Goods listed in the Lotok mobile application Lotokcan be changed by the Seller unilaterally. However, the price of the Product ordered by the Buyer is not subject to change.
6.7. Until the Buyer's funds are credited to the Seller's current account, the product is not reserved.
7. TERMS OF RETURN AND EXCHANGE OF GOODS.
7.1. If, at the time of receipt, a significant defect in the product is detected or its properties do not correspond to the characteristics stated in the mobile dodlatku характеристикам, the Buyer may contact the Seller with a complaint.
7.2. Goods of proper quality are exchanged if they have not been used and if their commercial appearance, consumer characteristics, seals, labels, as well as the settlement document issued to the consumer together with the goods sold are preserved. The list of goods that are not subject to exchange (return) on the grounds specified in this paragraph, approved by the Cabinet of Ministers of Ukraine.
7.3. If at the time of exchange a similar product is not available for sale, the consumer has the right either to purchase any other products from the available assortment with the corresponding transfer of value, or to terminate the contract and receive money back in the amount of the value of the returned product
7.4. Return of Goods is possible only if the Buyer provides the Seller with a copy of his passport and a copy of the individual tax number.
8. OBLIGATIONS OF THE SELLER
8.1. Provide truthful information about the goods, their prices, as well as the terms of delivery of the Goods and their cost.
8.2. Deliver the Goods in accordance with the terms of the Order.
8.3. To ensure that the quality of the Product meets the quality requirements in the territory of Ukraine.
8.4. In the event of a change in the delivery time, immediately inform the Buyer of the change in the terms of delivery. The Seller informs the Buyer via telephone or electronic communication. If it is impossible to contact the Buyer in case of violation by the latter of clause 4.4 of this offer to conclude a contract, the Seller is not responsible to the Buyer.
9. BUYER'S OBLIGATIONS
9.1. Provide the Seller with reliable, truthful and correct information, including when registering in the mobile application.
9.2. Pay for the Goods, according to the Orders, at the price indicated in them.
9.3. When accepting an Order, perform an external inspection for external damage to the package. If there is no external damage to the packaging, sign the invoice (receipt, register, etc.) on receipt of the Order. Open the outer packaging in the presence of a representative of the delivery service in order to check the safety of the enclosed, inspect the Product for the integrity of its individual packaging and the presence of external damage on it.
9.4. In case of any complaints, request a representative of the delivery service to draw up an External Inspection Report and a Certificate of acceptance and transfer in 3 copies. The Inspection Report describes damage to the outer packaging, and the Act of Acceptance and Transfer describes all damage to the individual packaging of the goods.
9.5. If the Seller transfers the Goods in violation of the Order terms on the quantity, assortment, completeness, packaging and / or packaging of the Goods, – no later than 14 calendar days following the day of purchase (receipt), notify the Seller of these violations. At the same time, the Product must be returned in a commercial form with the preservation of consumer properties.
10. BUYER'S RIGHTS
10.1. Demand a refund of payment for the Goods if the Seller is unable to fulfill the terms of the Order.
10.2. Prior to the delivery of the Goods, to refuse it
10.3. The buyer has the right to exchange a non-food product of proper quality for a similar one from the seller from whom it was purchased, if the product did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose.
10.4 The buyer has the right to exchange goods of proper quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the seller.
11. LIABILITY OF THE PARTIES.
11.1. The Seller is not responsible for any damage caused to the Buyer as a result of improper use of Goods ordered in the Lotok mobile application Lotok.
11.2. The Seller is not responsible for improper or untimely execution of Orders and its obligations if the Buyer provides false or false information.
11.3. The Seller and Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine.
11.4. The Seller or Buyer is released from liability for full or partial non-performance of their obligations, if the non-performance is the result of such insurmountable circumstances as: war or military operations, earthquake, flood, fire and other natural disasters, acts or actions of state authorities, changes in customs regulations , import and export restrictions that have arisen regardless of the circumstances of the event. the Seller's and/or Buyer's will after the conclusion of this agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party and provide documents confirming the existence of such circumstances issued by the authorized bodies.
12. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
12.1. When registering in the mobile app The Buyer leaves personal and contact information specified in clause 4.3.of this offer, but is not limited to them.
12.2. By submitting their personal data in the Lotok mobile application Lotok when registering or placing an Order, the Buyer gives their voluntary consent to the processing and use (including transfer) of their personal data without limiting the validity period of such consent in accordance with the Law of Ukraine "On Personal Data Protection".
12.3. The Seller uses the received personal data to provide the services defined in this agreement, to promote the services provided by the Seller, including through automated processing of personal data.
12.4. The Seller undertakes not to disclose the information received from the Buyer. The provision of information by the Seller to agents and third parties acting on the basis of a contract with the Seller, including for the performance of obligations to the Buyer, as well as in cases where disclosure of such information is established by legal requirements, is not considered a violation.
12.5. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to the non-relevance of information about the Buyer or its inconsistency with reality.
13. INFORMATIONAL MESSAGE
13.1. By registering in the Lotok mobile applicationLotok, the Buyer gives the Seller consent to receive informational messages from the Seller and its partners acting on the basis of an agreement with the Seller, via short message services (SMS), instant messengers (Viber, Messenger, Telegram, WatsApp) and e-mail.
13.2. At any time, the Buyer has the right to refuse to receive such mailing lists by writing a message to the email address _________(create an email address)@lotok.in.ua.
14. RULES FOR USING MATERIALS POSTED ON THE SITEIN THE Lotok MOBILE APP
14.1. The mobile applicationcontains materials, trademarks, trade names and other materials that are protected by law, including, but not limited to, texts, photos, graphics, music and sound works.
14.2. All contentmobile application is protected by the legislation of Ukraine.
14.3. The Buyer does not have the right to use materials posted in the Lotok mobile applicationLotok, such as: make changes, publish, transfer to third parties, participate in sales or assignment, create derivative products, etc..
15. OTHER TERMS AND CONDITIONS
15.1. A contract for the purchase and sale of goods concluded in accordance with this offer is considered concluded on the territory of Ukraine and operates within the framework of the legislation of Ukraine.
15.2. The contract of purchase and sale of goods concluded in accordance with this offer comes into force from the moment of full payment for the ordered goods.
15.3. The invalidity of any clause or part of the contract concluded pursuant to this proposal does not result in the invalidity of the contract as a whole.
15.4. All disputes arising between the Buyer and the Seller are resolved through negotiations. If the dispute is not settled, the Buyer or seller may apply to the judicial authorities to resolve the dispute in accordance with the current legislation.
15.4. The Seller has the right to make changes to the text of this offer at its own discretion at any time without prior notice to the Buyer. The current (current) version of the offer is always available in my mobile application Lotok.
15.5. The absence of a hard copy of the contract signed between the Seller and the Buyer in accordance with this offer with the signatures of the parties, if the actual payment is made by the Buyer, does not constitute grounds for declaring this agreement not concluded. Making payments in accordance with the Orders placed by the Buyer onin the Lotok mobile app, it is considered acceptance of the Buyer (in accordance with Article 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment of entry into force of the contract for the purchase and sale of goods.
15.6. If you have any complaints, the Buyer should contact the Seller's Support Service by phone ____________ or email _______ _ (create email)@lotok.in.ua.
15.7. According to Article 153 of the Law of Ukraine of December 19, 1995 No. 481/95-BP "On state regulation of the production and circulation of alcohol, alcoholic beverages and tobacco products", the sale of beer (except for non-alcoholic), alcoholic and low-alcohol beverages, table wines and tobacco products is prohibited: - by persons under the age of 18; - to persons who have not reached the age of 18. who are under the age of 18.