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User Agreement
Online Store — an Internet site owned by the Seller, located on the Internet at the address fairbuy.com.ua. Within the framework of this agreement, the concepts of Online Store and Store.
Site Visitor – an individual who has gone to the Site fairbuy.com.ua
User – a visitor of the Site who accepts the terms of this Agreement.
Buyer — the User who placed an Order in the fairbuy.com.ua Online Store
The Recipient is an individual who accepts the Order placed by the Buyer during its delivery.
The seller is an online store fairbuy.com.ua
The product is consumer goods presented in the online store.
Order — a Buyer's request for purchase and delivery to the address specified by the Buyer of the Goods selected on the Website.
2.1. The Seller sells the Goods through the Internet store at the address fairbuy.com.ua
2.2. By ordering Goods through the Online Store, the User agrees to the terms of sale of Goods set forth in this Agreement (hereinafter referred to as the Terms of Sale of Goods).
2.3. These Terms of Sale of Goods, as well as information about the Goods presented on the Website, are a public offer in accordance with Art. 641 of the Civil Code of Ukraine.
2.4. The Agreement may be changed by the Seller unilaterally without notifying the User/Buyer. The new version of the Agreement comes into force 10 (ten) calendar days from the date of its publication on the Website.
2.5. A public offer is recognized as accepted by the Website Visitor/Buyer from the moment of registration of the Visitor on the Website, placing an Order by the Buyer without authorization on the Website.
A retail purchase and sale agreement is considered to be concluded with payment by the buyer for goods through a payment system confirming payment for goods.
By providing the Seller with his/her e-mail and phone number, the Site Visitor/User/Buyer agrees to the use of these means of communication by the Seller, as well as by third parties engaged by him for the purpose of fulfilling obligations to the Site Visitors/Users/Buyers, for the purpose of carrying out advertising and informational mailings containing information about discounts, upcoming and current promotions and other events of the Seller, on the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations by the Buyer under this Public Offer.
3.1. The subject of this Agreement is to provide the User with the opportunity to purchase for personal, family, household and other needs not related to business activities, the Products presented in the catalog of the Online Store at fairbuy.com.ua
3.2. This Agreement applies to all types of Goods and Services presented on the Site, as long as such offers with descriptions are in the catalog of the Online Store.
4.1. Registration on the Site is carried out by clicking on the "Login" link located in the upper right corner of each page of the Site.
4.2. Registration on the Site is not mandatory for placing an Order.
4.3. The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
4.4. The User undertakes not to disclose to third parties the login and password specified by the User during registration. If the User has any suspicions about the security of his login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Seller by sending an appropriate e-mail to the address: [email protected]
4.5. Communication of the User/Buyer with Call Center operators/managers and other representatives of the Seller should be based on the principles of generally accepted morality and communication etiquette. The use of obscene language, offensive expressions, and even threats and blackmail is strictly prohibited, regardless of how and to whom they were addressed.
4.6. The Seller has the right to send advertising and informational messages to the Buyer by e-mail and sms mailings with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the seller, unilaterally.
5.1. Photographs accompanying the Goods are simple illustrations of the Goods and may differ from the actual appearance of the Goods. The descriptions/characteristics accompanying the Product do not claim to be exhaustive information and may contain typographical errors. To clarify information about the Product, the Buyer must contact Customer Service.
5.2. In the absence of the Goods made by the Buyer in the Seller's warehouse, the Seller has the right to exclude the specified Product from the Order / cancel the Buyer's Order by notifying the Buyer thereof by sending an appropriate e-mail message to the address specified by the Buyer during registration, or by calling the operator of the Seller's Call Center.
5.3. In case of cancellation of the fully or partially prepaid Order, the cost of the canceled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid.
5.4. The Buyer's order is placed in accordance with the procedures specified on the Website in the section "How to place an order" at www.fairbuy.com.ua
5.5. The Buyer is fully responsible for providing incorrect information, which caused the Seller to be unable to properly fulfill its obligations to the Buyer.
5.6. After placing an Order on the Website, the Buyer is provided with information about the estimated delivery date by sending an electronic message to the address specified by the Buyer during registration or by phone. The manager who serves this Order clarifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in the Seller's warehouse and the time required for processing and delivery of the Order.
5.7. The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by the manager servicing the Order, by e-mail or during a control call to the Buyer.
6.1. Methods, as well as approximate delivery times of the Goods are indicated on the Website in the "Delivery" section at www.fairbuy.com.ua Specific delivery times may be agreed by the Buyer with the Call Center operator when confirming the order.
6.2. The territory of delivery of the Goods presented on the Website is limited to the territory of Ukraine, unless other information is indicated on the Website.
6.3. Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
6.4. In order to avoid fraud, as well as to fulfill the obligations specified in paragraph 6. of this Agreement, upon delivery of the prepaid Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt to the Order. The Seller guarantees the confidentiality and protection of the Recipient's personal data (clause 10.3.).
6.5. The risk of damage to the Goods passes to the Buyer from the moment the Order is handed over to him and the Recipient of the Order signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller shall reimburse the Buyer for the cost of the Order prepaid by the Buyer and delivery in full upon receipt of confirmation of the loss of the Order from the Delivery Service.
6.6. The cost of delivery of each Order is calculated individually, based on the weight of the Goods, region and method of delivery, as well as (if necessary) the form of payment and is indicated on the Website at the last stage of placing an Order.
6.7. The Seller's obligation to transfer the Goods to the Buyer is considered fulfilled at the time of delivery of the Goods by the courier to the Recipient.
6.8. When accepting the Order from the courier, the Recipient is obliged to inspect the delivered Goods and check them for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. In case of no claims to the delivered Goods, the Recipient signs in the Expense Order and pays for the Order (without 100% prepayment). The signature in the delivery documents indicates that the Recipient has not made any claims to the Goods and the Seller has fully and properly fulfilled its obligations to transfer the Goods.
6.9. The time of the courier's stay at the Recipient's address is limited to 30 minutes.
6.10. You can specify the date, time and, if necessary, the delivery route from the manager, who contacts the Buyer to confirm the Order.
6.11. The User understands and agrees that:
delivery — a separate service that is not an integral part of the Goods purchased by the Buyer of the Goods, the performance of which ends at the time of receipt of the Goods by the Recipient and payment for it. Claims to the quality of the purchased Goods, which arose after receipt and payment for the Goods, are considered in accordance with the Law of Ukraine "On Consumer Rights Protection" and the Seller's warranty obligations. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand the delivery of the purchased Goods for the purpose of warranty service or replacement, does not provide an opportunity to carry out warranty service or replacement of the Goods by visiting the Buyer and does not imply the possibility of refunding the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods as such in accordance with the Law of Ukraine "On Protection of Consumer Rights".
7.1. The price of the goods is indicated in the national currency of Ukraine
7.2. The price of the goods is indicated on the Website. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about it in order to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If the Order has been paid, the Seller shall refund to the Buyer the amount paid for the Order in the same way as it was paid.
7.3. The price of the Goods on the Website may be changed by the Seller unilaterally. At the same time, the price of the Goods ordered by the Buyer is not subject to change. The price of goods can be differentiated by region.
7.4. Peculiarities of payment for the Goods using bank cards: Visa, Mastercard
7.4.1 In accordance with the Regulation of the Central Bank of Ukraine "General Principles of Issuance and Execution of Transactions with the Use of Payment Cards are Regulated by the Laws of Ukraine "On the National Bank of Ukraine", "On Banks and Banking", "On Payment Systems and Money Transfer in Ukraine", the Regulation on the Procedure for Issuing Payment Cards and Carrying Out Transactions with Their Use, approved by the Resolution of the Board of the National Bank of Ukraine No. 137 dated 19.04.2005, bank card transactions are carried out by the cardholder or a person authorized by him.
7.4.2 Authorization of bank card transactions is carried out by the bank. If the bank has reason to believe that the transaction is fraudulent, the bank has the right to refuse to carry out this transaction. Fraudulent transactions with bank cards fall under Article 190 of the Criminal Code of Ukraine.
7.4.3 In order to avoid cases of various kinds of misuse of bank cards when paying, all Orders placed on the Website and prepaid with a bank card are checked by the Seller. In order to verify the identity of the owner and his eligibility to use the card, the Seller has the right to require the Buyer who placed such an order to present an identity document.
7.5. The Seller has the right to provide discounts on the Goods and establish a bonus program. Types of discounts, bonuses, procedure and conditions of accrual are indicated on the Website and can be changed by the Seller unilaterally.
8.1. The return of the Goods is carried out in accordance with the "Return Conditions" specified on the Website at fairbuy.com.ua
8.2. Return of the Goods of proper quality:
8.2.1. The Buyer has the right to refuse the ordered Goods at any time before receiving them, and after receiving the Goods – within 14 days, except for the day of purchase, with the exception of the Goods specified in clause 8.2.4. of this Agreement. Return of the Goods of proper quality is possible if their presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified Goods are preserved. Goods supplied in a set are accepted for return only in a set.
8.2.2. In case of the Buyer's refusal from the Goods in accordance with clause 8.2.1. The Seller shall refund the cost of the returned Goods, except for the Seller's expenses related to the delivery of the Goods returned by the Buyer, within 10 days from the date of receipt of the Returned Goods at the Seller's warehouse together with the return application filled out by the Buyer.
8.2.3. If at the time of the Buyer's application a similar product is not available for sale from the Seller, the Buyer has the right to refuse to perform this Agreement and demand a refund of the amount paid for the specified Product. The Seller is obliged to return the amount paid for the returned Goods within 3 days from the date of return of the Goods.
8.3. Return of Goods of improper quality:
8.3.1. Goods of improper quality mean goods that are defective and can ensure the fulfillment of their functional qualities. The received Goods must correspond to the description on the Site. 7.3.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Goods.
8.3.2. Upon delivery of the Goods, the Buyer puts his signature and indicates that: "I have accepted the order, the completeness is complete, I have no complaints about the quantity and appearance of the Goods." After receiving the Order, claims for external defects of the product, its quantity, completeness and presentation are not accepted.
8.3.3. If the Goods of improper quality were handed over to the Buyer and otherwise was not agreed in advance by the Seller, the Buyer has the right to use the provisions of Art. 18 "Consumer Rights in Case of Defects in the Product" of the Law on Consumer Protection.
8.3.4. Claims for the return of the amount paid for the goods shall be satisfied within 10 days from the date of submission of the relevant claim (Law "On Consumer Rights Protection").
8.4. Refunds are made by refunding the cost of the paid Goods to a bank card or in cash. The method must be indicated in the appropriate field of the application for the return of the Goods.
8.5. When handing over the goods returned to the courier, you must have a passport with you.
9.1. The Seller shall not be liable for damage caused to the Buyer as a result of improper use of the Goods purchased in the fairbuy.com.ua Online Store
10.1. The personal data of the User/Buyer is processed in accordance with the Law of Ukraine "On Personal Data"
10.2. When registering on the Website, the User provides the following information: Last name, First Name, e-mail address, password.
10.3. By providing his/her personal data to the Seller, the Site Visitor/User/Buyer agrees to their processing by the Seller, including for the purpose of fulfilling the Seller's obligations to the Site Visitor/User/Buyer within the framework of this Public Offer, promotion of goods and services by the Seller, conducting electronic and SMS mailings, monitoring the results of marketing campaigns, customer support, organizing the delivery of goods to Buyers, conducting prize drawings among Visitors Site/Users/Buyers, control of the satisfaction of the Site Visitor/User/Buyer, as well as the quality of services provided by the Seller.
10.4. Processing of personal data means any action (operation) or a set of actions (operations) carried out with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, change), extraction, use, transfer (in particular, transfer to third parties, except for cross-border transfer, if the need for it arose during the performance of obligations), depersonalization, blocking, deletion, destruction of personal data.