Public sale and purchase agreement
The Seller, based on Articles 633, 634 of the Civil Code of Ukraine, offers the Buyer to conclude this Public Sale and Purchase Agreement (hereinafter referred to as the “Public Agreement”) on the following:
1. Terms used in the Public Contract.
1.1. Public contract – a purchase and sale contract that establishes for all Buyers, except for those who are granted privileges in accordance with the legislation of Ukraine, the same conditions for purchasing the Goods under the terms of a public offer from the moment of its acceptance by the Buyers
1.2. Public offer – an offer of the Seller, addressed to any individual or legal entity in accordance with Article 641 of the Civil Code of Ukraine, to conclude an agreement with him on the terms and conditions stipulated by the Public Agreement.
1.3. Acceptance - the Buyer's full and unconditional consent to the Seller's proposal to conclude a Public Agreement on the terms and conditions provided for in this Public Agreement.
1.4. Seller – Owner of the Website (Online Store) – JSC “VINNYTSKAY PLANT “KRISTAL”, EDRPOU code 33323245.
1.5. Website (Online Store)—the Seller’s official online store located at the Internet address – krystal.jewelry
1.6. Goods - jewelry made of precious metals and precious/semi-precious stones, related goods, in quantity, assortment and price, presented in the Online Store
1.7. Buyer – any legally capable individual, legal entity, individual entrepreneur, in accordance with current Ukrainian legislation, who has visited the Internet site (Online store) and intends to purchase and/or has purchased a particular Product.
2. Acceptance of the Public Agreement.
2.1. For the Buyer, confirmation of full and unconditional acceptance of the Public Offer is one of the following methods of placing an order by the Buyer, namely:
2.1.1. the Buyer's order placed through the shopping cart in the Seller's online store;
2.1.2. the Buyer's order in the Seller's online store, made by sending a message to the Seller's email address or by making a phone call to the Seller's numbers;
2.2. From the moment the Seller receives the Order, the Public Contract is considered concluded without its further signing.
3. Subject of the Public Contract.
3.1. The Seller undertakes to transfer to the Buyer the Goods, which belong to the Seller by right of ownership, and the Buyer undertakes to accept the Goods and pay for them in accordance with the procedure and on the terms and conditions stipulated by the Public Contract.
3.2. The main characteristics of the Goods are contained in the Seller's online store in the description under each relevant Goods.
3.3. The manufacturer reserves the right to change the composition, configuration, color scheme of the product, technical specifications, etc. The product description on the website may contain inaccuracies.
4. Quality of the Goods.
4.1. The quality of the Goods complies with standards, technical specifications, and other technical documentation that establishes requirements for its quality.
4.2. Compliance of the Goods with the requirements of the legislation of Ukraine is confirmed in the manner and in the manner prescribed by the current legislation of Ukraine.
5. Terms of delivery of the Goods.
5.1. Delivery of the Goods is carried out by the methods provided in the Seller's online store at the time the Buyer places the order.
5.2. Delivery of the Goods is carried out throughout the territory of Ukraine.
5.3. In the event of delivery of the Goods by third parties (courier service, forwarding service, etc.), the relevant third party shall be responsible for the safety of the Goods until they are transferred to the Buyer.
5.4. The Seller undertakes to deliver the Goods to the Buyer within the time agreed upon by the Buyer and the Seller.
5.5. Ownership of the Goods shall be transferred to the Buyer from the moment of payment of the full cost of the Goods by any method provided by the Seller.
6. Price and payment procedure for the Goods.
6.1. The price of the Goods is determined based on the prices indicated in the Seller's online store at the time the Buyer places the order and requires confirmation by the Seller upon receipt of the order from the Buyer.
6.2. The Buyer undertakes to pay the cost of the Goods on the basis of the invoice issued by the Seller or in another manner agreed upon by the Seller and the Buyer. All payments are made in the national currency of Ukraine - hryvnia.
6.3. Payment for the Goods by the Buyer is made by transferring funds to the Seller's current account at a banking institution or by depositing funds into the Seller's cash desk. The date of payment is the day the funds are credited to the Seller's current account.
7. Responsibility of the Parties.
7.1. For failure to fulfill or improper fulfillment of obligations under the Public Contract, the Seller and the Buyer shall bear liability as provided for by the current legislation of Ukraine.
7.2. In case of violation of the payment terms stipulated by the Public Agreement, the Buyer undertakes to pay the Seller a penalty in the amount of double the discount rate of the National Bank of Ukraine for each day of delay in payment.
7.4. In the event of early termination of the Public Contract at the initiative of the Seller before the delivery of the goods to the Buyer, the Seller undertakes to return to the Buyer 100 (one hundred)% of the advance payment for the Goods.
7.5. Payment of a penalty or fine does not exempt the Buyer or Seller from fulfilling obligations under the Public Contract.
7.6. The Seller and/or the Buyer are exempt from liability for failure to fulfill obligations under this Public Contract in cases where there are circumstances of force majeure that arose after the conclusion of the Public Contract as a result of extraordinary actions that could not have been foreseen and/or prevented by reasonable means.
7.7. The existence and duration of force majeure circumstances must be duly confirmed by a relevant document from the competent authority.
8. Term of the Public Agreement.
8.1. The public contract enters into force from the moment of its acceptance by the Buyer and is valid until the Seller and the Buyer fully fulfill their obligations.
8.2. A public contract may be terminated early:
8.2.1. by mutual consent of the Seller and the Buyer;
8.2.2. on the initiative of the Seller by notifying the Buyer thereof;
8.2.3. by court decision;
8.2.4. in the event of force majeure circumstances, confirmed by a relevant document from the competent authority.
9. Other conditions.
9.1. All disputes arising from non-fulfillment or improper fulfillment of the terms of the Public Agreement shall be resolved through negotiations.
9.2. Disputes that cannot be resolved through negotiations shall be subject to judicial review in accordance with the current legislation of Ukraine.
9.3. In cases not regulated by this Public Agreement, the Seller and the Buyer shall be guided by the current legislation of Ukraine.
9.4. The invalidity of individual provisions of the Public Agreement does not imply the invalidity of the Public Agreement as a whole.
9.5. The Buyer allows the Seller to perform all actions that, in accordance with the Law of Ukraine "On Personal Data Protection", constitute the processing of the Buyer's personal data, in accordance with the formulated purpose of their processing, which is to ensure the implementation of economic, civil law, tax relations and relations in the field provided for by constituent documents, accounting documents, relations in the field of human resources management and the implementation of operational activities with such data that allow assigning a person to a specific object in the field of its activity in accordance with the Civil Code of Ukraine, the Economic Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine "On Accounting and Financial Reporting in Ukraine".
9.6. The Buyer consents to the transfer (distribution) of his personal data, which are included in the personal data database "Counterparties", exclusively for the purposes provided for in this Agreement, to entities related to the implementation of this purpose.
9.7. The Buyer grants permission to use his personal data included in the personal database "Counterparties" to third parties in the cases and in the manner provided for by the current legislation of Ukraine, and does not require notification of the transfer (distribution) of personal data included in the personal database "Counterparties", if such transfer (distribution) is carried out for the purpose provided for by this Agreement and current legislation.
9.8. Claims from Buyers are accepted by the Seller at the address: Vinnytsia, 600-richchia st., building 21
10. Location and details of the Seller
JSC “VINNYTSYA PLANT “KRISTAL”
21100, Vinnytsia region, Vinnytsia district,
Vinnytsia, 600-anniversary st., building 21
UA 193052990000026003016106125
in JSC CB "Privatbank", MFO 305299
EDRPOU code 33323245
TIN 333232402286
Tel. 0501001073
email mail: [email protected]