1. Definition of Terms
1.1. Public Offer (hereinafter - "Offer") - a public proposal of the Seller, addressed to an indefinite circle of persons, to conclude a distance purchase and sale agreement (hereinafter - "Agreement") with the Seller on the terms contained in this Offer.
1.2. Product or Service – the object of the agreement between the parties, which was selected by the buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller by a distance method.
1.3. Online Store – the Seller's website at https://diecast.com.ua created for the conclusion of retail purchase and sale agreements based on the Buyer's acquaintance with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the Online Store website for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.5. Seller – Individual Entrepreneur Lega Nataliia Yuriivna (identification code 3048008305), registered and acting in accordance with the current legislation of Ukraine, location: Cherkasy, Gogol St., 137.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date the Buyer fills out the order form located on the Online Store website, provided that the Buyer receives confirmation of the order from the Seller in electronic form.
3. Ordering Process
3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by email or by the phone number indicated in the contact section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about its accuracy.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Surname, name of the Buyer;
3.3.2. Address to which the Goods should be delivered;
3.3.3. Contact phone number.
3.3.4. Email address.
3.4. The name, quantity, SKU, and price of the Product selected by the Buyer are indicated in the Buyer's cart on the Online Store website.
3.5. If any of the Parties to the agreement needs additional information, they have the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing high-quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.
3.6. Acceptance of the terms of this Offer by the Buyer is carried out by entering the relevant data into the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, data about the Buyer is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By concluding the Agreement, i.e., accepting the terms of this proposal (proposed conditions for purchasing the Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely acquainted with and agrees to the terms of this proposal (offer);
b) they give permission for the collection, processing, and transfer of personal data; permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the agreement, the Buyer confirms that they are notified (without additional notification) of the rights established by the Law of Ukraine "On Protection of Personal Data", of the purposes of data collection, as well as that their personal data is transferred to the Seller for the purpose of enabling the fulfillment of the terms of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notices to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data" is known and understood by them.
4. Price and Delivery of the Product
4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services are indicated on the website in hryvnias including VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of an individual unit of the Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Product indicated on the Online Store website does not include the cost of delivering the Product to the Buyer. The Buyer pays the shipping cost in accordance with the current tariffs of the delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The cost of the Product indicated on the Online Store website does not include the cost of delivery of the Product to the Buyer's address.
4.5. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a corresponding request by sending an email or when placing an order through the online store operator.
4.6. The Buyer's obligations to pay for the Product are considered fulfilled from the moment the funds reach the Seller's account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods indicated on the Online Store website in the "Payment and Delivery" section.
4.8. Upon receipt of the goods, the Buyer must, in the presence of the representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness).
4.9. The Buyer or their representative, when accepting the Goods, confirms by agreeing to receive the parcel to the delivery service representative that they have no claims regarding the quantity of the goods, their appearance, and completeness.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment the Buyer receives the Goods at the place of delivery during self-delivery from the Seller, or during the transfer of the goods by the Seller to the delivery service (carrier) chosen by the Buyer.
4.11. The period for reserving (booking) Goods for an unpaid order is 2 days for new customers and from 3 to 10 days for discount card holders in accordance with their discount level. After the expiration of the specified period, the Seller reserves the right to cancel the order unilaterally without additional notice to the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and during the fulfillment of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the Online Store website. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 Familiarize themselves with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Online Store website before concluding the Agreement.
5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food goods of appropriate quality to the Seller within 14 (fourteen) days, not counting the day of purchase. Return of goods of appropriate quality is carried out if it has not been used and if its merchantable appearance, consumer properties, original packaging (blister, box, internal model mounts), seals, labels, and the settlement document are preserved. For collectible models, the condition of the original packaging is an integral part of the merchantable appearance.
6.2. The refund of the cost of goods of appropriate quality to the Buyer is carried out within 3 (three) working days from the moment of actual receipt of such Goods by the Seller and verification of its integrity, subject to compliance with the requirements provided for in clause 6.1. of the Agreement.
6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.
6.4. Shipping costs for returning the Goods:
• In case of return of goods of appropriate quality — delivery is paid by the Buyer.
• In case of return of goods of inappropriate quality — delivery is paid by the Seller.
6.5. In case of detection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and terms established by the legislation of Ukraine, has the right to present to the Seller the claims provided for by the Law of Ukraine "On Protection of Consumer Rights". When making claims for free elimination of defects, the period for their elimination is calculated from the date of receipt of the Goods by the Seller into its possession and physical access to such Goods.
6.6. Consideration of claims provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the Goods, the actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse goods of appropriate quality that have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them (including, at the request of the Buyer, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the product has individually defined properties is the difference in product sizes and other characteristics specified in the online store.
6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section.
7. Liability
7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfillment of Orders and its obligations in the event the Buyer provides unreliable or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party of this.
8. Confidentiality
8.1. By providing their personal data on the Online Store website during registration or ordering, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to other actions provided for by the Law of Ukraine "On Protection of Personal Data", without limiting the period of validity of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties 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 disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for maintaining their personal data in an up-to-date state. The Seller is not responsible for poor-quality fulfillment or non-fulfillment of its obligations due to the irrelevance of the information about the Buyer or its non-compliance with reality.
9. Other Conditions
9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1 of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner provided for by the current legislation of Ukraine.
Seller's Address and Requisites
FOP Lega Nataliia Yuriivna
TIN: 3048008305 | Cherkasy, Gogol St., 137
Tel: 093-239-68-69, 097-239-68-69