Agreement of public offer for services and reservation of Goods

The following text below is an Agreement between web-store, the website of which is posted under the e-address in the Internet network www.kolonist.com.ua, hereinafter referred to as “Web-store”, and the user of the Web-store services, hereinafter referred to as “Customer”, and set up the terms of Goods reservation by means of the website for the purpose of further purchase by Customer.

1. General Terms

1.1. This Agreement is constituted as a public offer (according to Article 633, 641 and para. 63 of the Civil Code of Ukraine), these terms are the same for all customers no matter their condition (individual, legal entity, entrepreneur).

1.2. If the terms of the present Agreement are accepted, in other words public offer of the Web-store, then the User become a Customer.

1. Terms and Definitions

2.1. Web-store – Veles Limited Liability Company, founded under the Law of Ukraine, which is operating the web-site in the Internet network: www.kolonist.com.ua.

2.2. Alcoholic products – list of goods posted on the website of the Web-store, which was produced through a process of alcoholic fermentation of saccharic materials or produced on the basis of food products which are ethanolic more than 1.2 percent of volume unit.

2.3. Goods – list of consumer goods posted on the Web-store, except for alcoholic products.

2.4. Customer – an individual, who had attained the age of eighteen, who receives the information from Web-store, who places the order on the searching, packaging and reservation of Goods and / or Alcoholic products, which are posted on the Web-store for purposes other than course of business, or a legal entity / entrepreneur.

2.5. Order – filled and submitted Customer order, which addressed to Web-store for searching, packaging and reservation of Goods and / or Alcoholic products for further Customer purchasing.

2.6. Web-site – the collection of web pages, access to which made by using web browser and software modules which are integrated by unified management system, located in the Internet at the e-address: www.kolonist.com.ua, and contains all the features of the public offer on the searching, packaging and reservation of Goods and / or Alcoholic products, which were chosen by Customer on the Web-site.

1. Subject of the Agreement  

3.1. The present Agreement determines the coordination arrangements and provisions of the services given by Web-store to Customer, based on Customer’s ambitions, wishes and capabilities to use services of the searching, packaging and reservation of Goods and Alcoholic products, as also the Web-store should give to Customer appropriate information about searching and packaging of Goods and Alcoholic products according to the Customer’s Order and reserve it for further Customer purchasing.

3.2. Web-store should give to Customer followed services:

3.2.1. Searching, packaging and reservation of Goods and Alcoholic products is accomplished according to the Order, which was filled and placed on the Web-site by Customer. Previously made Order of searching, packaging and reservation of Goods can be sent by e-mail or made by phone call, which are indicated on the Web-site under the contact with further filling and placing order on the Web-site.

3.3. The Web-store doesn’t effect on sale or shipping of Goods and Alcoholic products, but the Web-store is packaging and reserving the Orders, on the ground of leaved Customers orders on the Web-site for its future buying and Customer pick up. Prices for Goods and Alcoholic products on the Web-site include cost of services of searching, packaging and reservation.

3.4. The Customer accepts terms of this agreement at the moment of doing his or her Order pressing the button “Confirm” which means that Customer read this text and confirmed the terms of this Agreement. Hereinafter any arguments from Customer concerning his or her confirmation have no claim against Web-store thereafter present Agreement and give a right for Web-store to cancel the Order in one’s election.

1. Web-site Policies

4.1. The Customer can view the Web-site, make an order and also use other Web-site services.

4.2. The Customer is obliged to give the correct, current and full contact information. The Web-store is irresponsible for exactness and correctness of the given Customer’s contact information during registration and implementation of the Order.

4.3. The Customer is responsible for all activities made on the Web-site from Customer’s account or on Customer’s behalf.

4.4. The Web-site can deny the using of Web-site services for Customer if Web-site has reasons to consider that Customer gave false information and also of Customer’s misbehavior (for example violation of terms, etc.)

4.5. Using Web-site for illegal and prohibited activities is forbidden. Web-site Customers are agreed to keep within the laws of Ukraine and standards of conduct, which were accepted by Internet network, especially either limited posting on the web-site materials, which are contains extremist, sexual or other character, concerning and / or derogating honor, dignity and / or reputation of the third parties and violate generally accepted standards of morality, and also placement of advertisements without permission of the Web-site.

1. Order Procedure

5.1. The Customer making an Order on the Web-site on an independent basis by means of adding Goods and / or Alcoholic products in virtual basket and pressing the button “Place an Order”.

1. Payment Arrangements

6.1. The Customer choosing the Goods and Alcoholic products which are selected in Order on the Web-site, as also paying for Web-site services for searching, packaging and reserving Goods and Alcoholic products in Kolonist store which is located in 4, Bolgradska St., Krynyche village, Bolgrad district, Odessa region.

6.2. Total Order cost contains price of Goods, Alcoholic products and Web-store services is the same for payment as during filling and ordering on the Web-site.

6.3. The Customer making payment for given services according to the Order by cash or bank payment.

6.4. The Customer making Order payment by cash at the store cashier desk referred to para. 6.1. of the present Agreement. Payment is made in national currency of Ukraine – UAH.

6.4.1. Making bank payment the Customer enters 100% prepayment for executive services of searching, packaging and reservation of Goods by transfer of funds on the bank account of Executive.

6.5. After review and checking the nomenclature of reserved Goods and / or Alcoholic products the Customer can make the payment in the point of sale referred to para. 6.1.

1. Return basis

7.1. The Web-store is packaging and reserving the Orders and before the purchasing decision Customer can decline the Order without any payments of Goods or services.

7.2. The Customer agrees to make an Order which includes Alcoholic products and has a right to decline the list of all ordered Alcoholic products, but not part of the Order.

7.3. The return of Alcoholic products after made payment won’t run according to regulations of the Law of Ukraine.

1. Privacy Policy and Protection of Personal Data

8.1. By providing your personal data on the Web-site at the time of making Order, the Customer willful confirms the processing and using (including forwarding) of personal details without limitation of validity such a confirmation according to the Law of Ukraine of “Protection of Personal Data” from 01.06.2010.

8.2. The Web-store is using received personal details to give services according to this Agreement for carrying forward Web-site services, also with the help of automated data processing.

8.3. The Web-store is obliged not to distribute the received information from Customer. Transfer of information to agents or third parties who are acting under the Agreement with the Web-store is not considered as a violation of Web-store terms, including for the purposes of performing warranties to the Customer, and also in such cases which are qualified by Law.

8.4. If the Customer doesn’t wish for using personal details by Web-store, then the Customer should apply to customer support. In this case the Customer cannot continue to use the Web-store services.

8.5. The Customer is responsible for keeping his or her personal data up to date. The Web-store will not be liable for poor implementation or failure to perform Customer‘s obligation because of Customer irrelevant information or discrepancy with the reality.

1. Information messages

9.1. At the time of registration on the Web-site the Customer confirms the receiving of information messages from Web-store and its partners which act upon the Agreement with Web-store, with the help of short message service (SMS) or e-mail.

9.2. Under all circumstances to refuse receiving information e-mails the Customer has a right to write to customer support (on e-mail: office@kolonist.com.ua) or make a call: (044)499-40-21.

1. Terms of materials use posted on the Web-site

10.1. The Web-site consists of materials, trademark, trade name and other materials which are protected under the Law, including but not limited to texts, photos, graphics, music and sound works.

10.2. All the content of the Web-site is protected by the Law of Ukraine.

10.3. The Customer is not obliged to use the materials on the Web-site, such as: modifying, publishing, transferring materials to third parties, be involved in the sale or concession, creating derivative products, etc.

1. Another terms

11.1. The present Agreement is made within the jurisdiction of Ukraine and affected by Substantive rights of Ukraine.

11.2. The invalidity of any paragraph or part of this Agreement doesn’t lead to the invalidity of the Agreement as a whole.

11.3. All disputes between the Customer and the Web-store shall be resolved by negotiations. In the case parties fail to reach the agreement regarding such disputable issues, the Customer or the Web-store may seek resolution of the dispute in the juridicial organs under the existing laws.

11.4. The Web-store has a right to make changes in the text according to the present Agreement at its own convenience at any time and without previous notice to Customer. Current (active) version of the Agreement is always available on the Web-site.

AGREEMENT OF THE PUBLIC OFFER FOR DELIVERY SERVICES OF RESERVED GOODS

1. General terms

1.1. The present Agreement is an agreement of the public offer (according to art. 633, 641 and para. 63 of the Civil Code of Ukraine) its terms are the same for all customers no matter their condition.

1.2. In the case of confirmation terms of the present agreement, namely public offer, the user becomes Customer.

1. Terms and conditions

2.1. Web-site – the collection of web pages, access to which made by using web browser and software modules which are integrated by unified management system, located in the Internet at the e-address: www.kolonist.com.ua, and contains all the features of the public offer.

2.2. Goods – list of goods posted on the website of the Web-store, including alcoholic products, which was produced through a process of alcoholic fermentation of saccharic materials or produced on the basis of food products which are ethanolic more than 1.2 percent of volume unit.

2.3. Customer – an individual, who had attained the age of eighteen, who issues commission for purchasing Goods, which are posted on the Web-site for the purposes other than course of business, or a legal entity / entrepreneur.

2.4. Appointment Agreement – a contract concluded on the basis of the current Civil Code of Ukraine between the Customer and Executive under which the Executive under instructions, on account of and in the name of Customer makes a purchase and delivery of Goods, which were selected by Customer on the Web-site and the Customer is obliged to recover Executive’s expenses for the implementation of its instructions.

2.5. Order – filled and submitted Customer order, which addressed to Executive for purchasing and delivery in the name of and under Customer’s instructions of reserved Goods.

1. Subject of the Agreement  

3.1. The present Agreement determines the coordination arrangements and provisions of the services given by Executive to Customer.

3.2. The Executive gives services of purchasing and delivery of reserved Goods, under instructions, in the name of and on the behalf of the Customer.

3.3. Executive doesn’t sell Goods, but according to Appointment Agreement with the Customer, Executive gives services of purchasing and delivery of Goods in the name of and on the behalf of the Customer to notified address.

3.4. The Customer accepts terms of this agreement at the moment of doing his or her Order pressing the button “Confirm” which means that Customer read this text and confirmed the terms of this Agreement. Hereinafter any desputies from Customer concerning his or her confirmation have no claim against Web-store thereafter present Agreement and give a right for Web-store to cancel the Order in one’s election.

1. Order Procedure

4.1. The Customer making an Order on the Web-site on an independent basis by means of selecting delivery services and pressing the button “Place an Order”.

4.2. As the result of making Order, the Executive receiving Customer’s data and Order number for instructions implementation of purchasing and delivery of reserved Goods according to the present Order on the Web-site.

1. Payment Arrangements

5.1. The Customer paying for Executive services of purchasing and delivery of Goods, which are placed on the Web-site, and also is obliged to recover actual Executive costs for Customer instructions implementation according to the terms of the present Agreement and Appointment Agreement.

5.2. Total Order cost of Executive services of Order delivery and recovering of incurred by actual costs for Customer instructions implementation is the same for payment as during filling and ordering on the Web-site.

5.3. The Customer can make a payment according to para. 6.2. of the present Agreement in the same day of instructions implementation by cash, according to the notified address at the moment of making Order. Payment is made in national currency of Ukraine – UAH.

5.4. After review and checking the nomenclature of ordered and delivered Goods in the notified address, the Customer can make a payment.

1. Arrangements of the Orders delivery

6.1. Delivery is from 10:00 to 18:00 from Monday to Friday. Delivery of completed Orders will be on the next day. Executive can give more information of the delivery possibility on the same day as Order was completed.

6.2. Delivery terms:

6.2.1. Delivery service in Kiev when Order amount more than 1000 UAH is for free. Executive doesn’t offer delivery service in Kiev when Order amount less than 500 UAH. The minimal order amount is 1000 USD.

6.2.2. Beyond the Kyiv area and on the territory of Ukraine delivery made by services of “Nova Poshta” and its services should be paid by Customer at the delivery destination andit is calculated according to the current tariffs of delivery service “Nova Poshta ” .

6.3. The ability to use delivery services beyond the Kyiv area should be checked with Web-site administrator.

6.4. During Order delivery the Customer should has the followed documents from Executive:

• Two copies of the Appointment Agreement, one of which the Customer should sign and give back to the Executive,
• Receipt, showing the amount of the costs incurred by the Executive with reference to Customer instructions implementation.

6.5. At the time of giving Order to Customer, the Executive can ask the Customer identity documents which are confirming the compliance of age limit determined in present Agreement for Customer.

1. Another terms

7.1. The present Agreement is made within the jurisdiction of Ukraine and affected by Substantive rights of Ukraine.

7.2. The invalidity of any paragraph or part of this Agreement doesn’t lead to the invalidity of the Agreement as a whole.

7.3. All disputes between the Customer and the Executive shall be resolved by negotiations. In the case parties fail to reach the agreement regarding such disputable issues, the Customer or the Executive may seek resolution of the dispute in the juridicial organs under the existing laws.

7.4. The Executive has a right to make changes in the text according to the present Agreement at its own convenience at any time and without previous notice to Customer. Current (active) version of the Agreement is always available on the Web-site.