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Customer guarantees

This agreement is addressed to consumers and is an official and public offer of the Seller to conclude an agreement of purchase and sale of Goods, the subject and conditions of which are specified in the relevant section of the site https://the-one.zone/

The Consumer, acting for the purpose of purchasing the Goods, accepts the terms of this agreement (hereinafter referred to as the Agreement) as follows:

1. General provisions

1.1. This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine) and its terms are the same for all Buyers regardless of their status (natural person, legal entity, individual entrepreneur).

1.2. The consumer becomes the Buyer if the terms of this agreement, i.e. the public offer of the Seller, are accepted.

1.3. By concluding the Agreement, the Buyer confirms that he is fully and completely acknowledged and agrees with its terms, and also, if the Buyer is a natural person, gives permission for the Seller to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of carrying out mutual settlements, and also for receiving invoices, acts and other documents. The 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 the conclusion of this Agreement, the Customer confirms that he / she is notified (without additional notification) about the rights established by the Law of Ukraine “On the Protection of Personal Data”, of the purposes of data collecting, and that his / her personal data is transferred to the Seller in order to fulfillment of the terms of this Agreement, the possibility of carrying out mutual settlements, as well as to receive invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access and transfer his / her personal data to third parties without any additional notifications to the Customer, without changing the purpose of processing personal data. The scope of the Customer’s rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understood by him / her.

2. Terms and definitions

2.1. Seller is a natural person or legal entity selling goods on the site on the basis of a license agreement.

2.2. Goods are the list of consumer products published on the website of the Internet store price, name and description of which are indicated. Also, the product may be with its image.

2.3. Buyer is a capable natural person, who has reached the age of eighteen, receiving information from the Seller, placing Orders for the purchase of Goods that are presented on the website of the Internet store, for purposes not related to the implementation of business activities, or a legal entity / individual entrepreneur.

2.4. Order is a completed and placed Buyer’s application for the purchase of Goods addressed to the Seller.

2.5. The website of the Internet store is a set of pages that are accessed using a web browser and program modules, united by a single control system, located on the Internet at https://the-one.zone/

3. Subject of the Agreement

3.1. The Seller undertakes to sell the Goods on the terms and in the manner determined by this agreement on the basis of the Order placed by the Buyer on the website of the Internet store, and the Buyer undertakes to buy the Goods and pay for its cost on the terms and in the manner determined by this agreement.

3.2. The Seller guarantees that the Goods are not pledged, are not in dispute, under arrest and are not subject to the rights of third parties.

3.3. The Seller and the Buyer acknowledge that this agreement is not a fictitious, sham transaction or a transaction made under the influence of violence or deception.

3.4. The Buyer accepts the terms of this agreement at the time of placing the Order by clicking on the “Place an order” button, which means the Buyer confirms that he / she has read the text of this agreement and agrees with its terms. In the future, objections from the Buyer regarding the provision of his / her consent in this way relieves the Seller from any kind of liability for non-fulfillment of the terms of this agreement and reserves the Seller’s right to cancel the Order unilaterally.

4. Rules for working with the website of the Internet store

4.1. The buyer can view the content of the website of the Internet store, make orders, and also use its other functions.

4.2. The buyer undertakes to provide true, accurate and complete information about him / her. The Seller is not responsible for the accuracy and correctness of the information, which the Buyer left placing the Order.

4.3. The Seller has the right to refuse the Buyer to place an Order if he / she has reason to believe that the Buyer has indicated inaccurate data, as well as under the condition of unfair behavior (for example, violation of the terms of this agreement, etc.).

4.8. It is forbidden to use the website of the Internet store in illegal and prohibited activities. Buyers agree to comply with the laws of Ukraine and the norms of behavior adopted on the Internet, namely, but not limited to: posting materials of an extremist, pornographic or other nature on the website of the Internet store that affects and / or infringes upon the honor, dignity and / or business reputation of third parties and violating generally accepted standards of morality, as well as posting advertising information without the permission of the Seller.

5. Order procedure

5.1. The Buyer places an Order on the website of the Internet store independently, by adding the selected Goods to the virtual cart and clicking the “Buy” button.

6. Price and payment procedure

6.1. The price of each particular Product is determined by the Seller and is indicated on the website of the Internet store. The price of the Order is determined by adding the price of all the Goods included in the Order and the delivery price, which is equal to the payable amount, which is indicated on the website of the Internet store when placing the Order at the time of its placement.

6.2. The agreement price is equal to the order price. The order amount may vary depending on the price, quantity or range of the Goods.

6.3. The Buyer makes payment for the Goods according to the completed order. Payment is made by credit card through the payment system built on the site at the time of placing an order.

6.4. Payment for Services is carried out in US dollars.

Methods of payment for the Goods available to Buyers depend on the technical capabilities and commercial agreements of the Seller with financial partners. The available methods and features of making payment for the Goods selected by the Buyer are indicated on the ordering page on the Site or communicated in another way, depending on the chosen method of ordering.

6.5. The order shall be deemed to have been paid from the moment of payment on the account of the Seller or his / her representative. The fact of payment for the Order indicates the Buyer’s consent to the terms of this agreement.

6.6. Delivery of the Order by the Seller is carried out after full payment for the Goods.

6.7. The price of the Goods, which is indicated on the website of the Internet store, can be changed by the Seller unilaterally. At the same time, the price for the Goods ordered by the Buyer is not a subject to change.

6.8. The goods are not reserved until the credit of Buyer’s funds to the Seller’s account. The Seller cannot guarantee the availability of the Seller’s Goods in the quantity specified at the time of placing the Order, as a result of which the processing time of the Order may increase. If it is necessary to make cash refund by the Seller to the Buyer, the Buyer is obliged to inform the Seller of the bank account details to which the Seller is obliged to transfer the funds.

6.9. Delivery time may be delayed due to COVID-19.

7. Conditions of return

7.1. If the price of the Goods, ordered by the Buyer, is incorrectly indicated, the Seller informs the Buyer about this as soon as possible to confirm or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled automatically. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order by transferring it to the Buyer’s account or in another acceptable way.

7.2. At the time of placing an Order, the Buyer agrees that he / she has the right to refuse only the entire Order, but not part of it.

7.3 Exchange and return of goods is made at the buyer’s expense.

7.4 If the parcel is refused or it is impossible to deliver it to you after two attempts, it is disposed of at the expense of the buyer.

8. Obligations of the Seller

8.1. Provide truthful information about the Goods, prices for them as well as the terms of delivery of the Goods.

8.2. Supply the Goods in accordance with the terms of the Order.

8.3. Guarantee that the quality of the Goods meets the quality requirements on the territory of Ukraine. Provide guarantee obligation in accordance with the terms of this Agreement.

8.4. In the event of delivery time change, immediately inform the Buyer about the change in the delivery conditions. The Seller informs the Buyer by telephone or electronic communication. If it is impossible to contact the Buyer in case of violation of clause 4.4 of this agreement by the latter, the Seller shall not be liable to the Buyer in accordance with the terms of this agreement and the norms of current legislation.

9. Obligations of the Buyer

9.1. Provide the Seller with reliable, truthful and correct information.

9.2. Pay for the Goods, according to the Orders, at the price indicated in them.

9.3. Carry out an external examination for packaging visible damage at the time of accepting the Order and in the case of packaging visible damage lack, sing in the invoice (receipt, register, etc.) on Order receipt. Open the outer packaging in the presence of a delivery service representative in order to check the safety of the enclosed, inspect the Goods for the integrity of its individual packaging and the presence of external damage on it.

9.4. Require from the representative of the delivery service to draw up an Act of external inspection and an Act of acceptance and transfer in 3 copies in case of any claims. The Act of external inspection describes the damage to the outer packaging, and the Act of acceptance and transfer describes all damage of the goods individual packaging.

9.5. In the event that the Seller transfers the Goods in violation of the terms of the Order on the quantity, assortment, completeness, boxing and (or) packaging of the Goods in the term of no later than 5 (five) calendar days from the day of purchase (receipt), notify the Seller of these violations. In this case, the Goods must be returned in a marketable condition with the preservation of consumer properties and all labels, seals, etc.

9.6. Provide accurate passport data for opportunity to receive the Order at the office of the courier company, and personally appear with the passport.

10. Buyer’s rights

10.1. Require the return of payment for the Goods if the Seller is unable to fulfill the conditions of the Order.

10.2. Make changes to the Order before paying for it.

10.3. Refuse to execute the agreement before the transfer of the Goods, subject to reimbursement of the transport costs incurred by the Seller in connection with the performance of actions to fulfill this agreement.

10.4. If there are claims to the quality of the Goods, submit them within the timeframes and in accordance with the Law of Ukraine “On Protection of Consumer Rights”.

11. Liabilities of the parties

11.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods ordered on the website of the Internet store.

11.2. The Seller is not responsible for the improper, untimely Orders processing and its obligations under this Agreement in the event that the Buyer provides inaccurate or false information.

11.3. The Seller and the Buyer are responsible for the fulfillment of obligations under this Agreement in accordance with the current legislation of Ukraine.

11.4. The Seller and / or the Buyer are exempt from liability for full or partial failure to perform their obligations if failure is the result of such insurmountable circumstances as: war or military action, earthquake, flood, fire and other natural disasters, acts or actions of state authorities, changes in customs regulations, import and export restrictions that arose regardless of the Seller and / or the Buyer will after the conclusion of this agreement. The Party that cannot fulfill its obligations immediately notifies the other Party about this and provides documents confirming the existence of such circumstances, issued by the authorized bodies.

12. Confidentiality and protection of personal data

12.1. The Seller undertakes to hold in confidence the information received from the Buyer. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by legal requirements.

12.5. The buyer is responsible for keeping his personal data up to the date. The Seller is not responsible for poor-quality performance or failure to fulfill its obligations due to the irrelevance of the information about the Buyer or inconsistency with its reality.

13. Rules for the use of materials posted on the website of the Internet store

13.1. The website of the Internet store contains materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photographs, graphics, musical and sound works.

13.2. All content of the website of the Internet store is protected by the legislation of Ukraine.

13.3. The buyer has no right to use the materials posted on the website of the Internet store, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products, etc.

14. Other conditions

14.1. This agreement is concluded on the territory of Ukraine and operates within the frameworks of the legislation of Ukraine.

14.2. The invalidity of any clause or part of this agreement does not lead to the invalidity of the agreement as a whole.

14.3. All disputes arising between the Buyer and the Seller are resolved through negotiations. If the settlement of the dispute is not achieved, the Buyer or the Seller may apply for a resolution of the dispute to the courts in accordance with applicable law.

14.4. The Seller has the right to make changes in the text of this agreement at its sole discretion at any time and without prior notice to the Buyers. The current (in force) version of the agreement is always available on the website of the Internet store.

14.5. The absence of a paper copy of this agreement signed between the Seller and the Buyer with the signatures of the parties, in case of actual payment by the Buyer, is not a basis for recognizing this Agreement as not concluded. Making payment in accordance with the order made on the website of the Internet store is considered the Buyer’s acceptance (in accordance with Art. 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment the Agreement enters into force.

14.6. In the event of a claim, the Consumer should contact the Seller’s Support Service by phone + 380678499813, or e-mail – info@the-one.zone

 

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