Standard Form (Offer)
of Sale and Purchase Agreement
Limited Liability Company "ON WINE-GRUP" legally represented by its head manager Vetka O.V. (hereinafter - the “Seller”), acting by virtue of the powers vested in him by operation of law, on the one hand and any individual who accepted (provide with an acceptance) this proposal (hereinafter - the “Buyer”) on the other hand, (hereinafter - the “Parties”) have entered into this Standard Agreement Form within the meaning of Art.633 of the Civil Code of Ukraine (hereinafter - the “Agreement”). This is the Offer to the general public and under Articles 633, 641, and Ch. 63 of the Civil Code of Ukraine its conditions are the same for all consumers, unconditional acceptance of the terms of which (getting a fiscal receipt at the moment of Goods shipment to the Buyer at his request placed through an electronic catalog in the OnWine shop, in accordance with Art. 642, Paragraph 2 of the Civil Code of Ukraine), is acceptance of this Offer (the Agreement) by Buyer and Agreement is automatically deemed concluded.
1. Definitions used in Agreement
1.1. Electronic catalog of OnWine shop (Electronic catalog) – electronic catalog of the Seller’s goods that was put by the Seller online at the following address: www.onwine.com.ua, informational resource created by the Seller to provide potential Consumers the possibility of pre-selection, booking and ordering of the Seller’s Goods that are sold by the Seller in the future to Consumers in the Seller’s shop OnWine.
1.2. Shop OnWine – Seller’s wine and gastronomic shop OnWine, located at: Khmelnitsky city, Zarichanska Street 3/1.
1.3. Order of final Costumer that was made with the help of electronic catalog and sent to the address of OnWine shop, for searching, booking of Seller’s Goods for its further redemption by the final Costumer.
2. Agreement scope
2.1. The Seller transfers to the ownership, and the Buyer accepts and pays for Goods on the terms and conditions specified in this Agreement. Goods that the Buyer purchases under the terms of this Agreement, intended for personal, domestic or other use, not related to business sphere. The Buyer is the final consumer of the goods.
2.2.Case name, range, quantity and price of Goods being the subject of this Agreement are assigned in the Buyer's order placed through the electronic catalog and in a fiscal receipt issued by the OnWine shop.
3. Price and general conditions
3.1. Prices of the Goods are determined by the Seller in the Electronic catalog; they are formed in local (national) currency of Ukraine and indicated in order of the Goods lay-by that is placed through an electronic catalog, and in fiscal receipt issued by the OnWine shop.
4.1. Goods quality must comply with current technical standards and must be confirmed by relevant documents specified by the law for this type of product.
4.2. Goods are transferred in the original package. Product quality is guaranteed by the manufacturer.
5. Delivery and transfer of Goods
5.1. The place of Goods shipping – is the OnWine shop.
5.2. At the request of the Buyer after purchase is made in the OnWine shop the Seller can made the delivery of the Goods purchased by the Buyer using the own resources or with the help of Third parties at the Seller’s own expense or (depending on the Goods price) at the Buyer's expense to the address indicated by the Buyer. In the case of involving the Third parties by the Seller, the Seller is liable or the actions and / or inaction of such persons towards the Buyer.
5.2. The date of the Goods transfer shall be the date of acceptance and delivery of the Goods, indicated in the fiscal receipt, which is issued for the sale of the Goods in the OnWine shop.
5.3. Acceptance and transfer of the Goods is carried out by the Parties representatives in the order established by the current legislation of Ukraine and is formalized by issuing a fiscal receipt in the OnWine shop by the Seller.
5.4. The transfer of risks and Goods ownership from the Seller to the Buyer occurs at the time of acceptance and delivery of the Goods.
6. Settlement terms
6.1. The Buyer can pay for goods in the following ways:
- using a bank (non-cash) money transfer to the Seller’s bank account that are listed below in this Agreement;
- using cash in the Seller’s cashier of the OnWine shop.
6.2. The Seller may give the Buyer the right to pay for goods under the terms of deferred payment, as indicated by the Seller in fiscal check. The ability to purchase goods on deferred payment terms and deferred period agreed at the time of placing the Buyer’s orders for goods lay-by through electronic catalog. The decision to let the Buyer pay for goods on deferred payment accepted by the Seller on its own discretion.
6.3. The time of the Buyer’s performance of its obligations of payment for Goods is the date of receipt of the appropriate amount to the bank account or in cashier of the Seller.
7. Responsibility and disputes resolution
7.1. The Parties responsible for failure or improper performance of this Agreement in a manner stipulated by this Agreement and the laws of Ukraine.
7.2. In case of payment delay for Goods the Buyer must pay the Seller a penalty of dual NBU rate of the amount due for each day of delay.
7.3. In case of payment delay for Goods by the Buyer for more than 60 calendar days is considered that the Buyer unreasonably refused to pay for Goods and shall pay in favor of the Seller, in addition to the established by this Agreement penalty /p. 6.2./, the penalty for failure to pay 30% of the cost of received and not paid when due Goods.
7.4. All disputes arising out of or in connection with this Agreement shall be resolved by the Parties in accordance with the current laws of Ukraine.
8. Agreement duration
8.1. Agreement shall take effect from the moment of Agreement conclusion (acceptance) by the Buyer. The Agreement conclusion is the Buyer’s actions that demonstrate its desire to sign the Agreement and conditions prescribed by this Agreement, namely Goods receipt by the Buyer in the OnWine shop that is confirmed by a fiscal check issued by the Seller at the time of shipment of Goods in the OnWine shop.
8.2. The Agreement is valid until the complete performance by the Parties of their obligations under this Agreement.
8.3. The Parties may terminate the Agreement early by mutual agreement.
8.4. In case of early termination of the Agreement on the initiative of one Party, the initiating Party reimburse the other Party incurred costs associated with the execution of this Agreement.
9. Other conditions
9.1. This Agreement in legal force is equivalent to a written agreement.
9.2. Agreement dated automatically in real time of offer accept (acceptance) by Buyer.
9.3. This Agreement (offer) is an official document of the Limited Liability Company "ON WINE-1", is legally binding and published for free access in the Seller’s shop in "Consumer Information Board", in addition Buyer has the ability to pre-check the terms of this Agreement at the time order placement for goods reserve in the electronic catalog.
The Seller has the right to make changes to the text of the Agreement at its sole discretion at any time without prior notice to the Buyer. Current (most recent) edition is always available on the Seller’s contract information resource - Electronic catalog on web address: www.onwine.com.ua, in the section - "Goods Catalog”
9.4. The lack of the Agreement copy signed between the parties on paper with the signatures of the parties in case of actual payment on it by the Applicant is not a reason to believe this Agreement is not concluded.
9.5. The Court declaration of invalidity of any paragraph of this Agreement does not entail the invalidity of other paragraphs.
9.6. Buyer agrees that the Seller can include its personal data to the personal data base "Contractors" and to process its personal data in accordance with the Law of Ukraine "On Personal Data Protection".
Buyer acknowledges that it has received notice about including of its information to the personal data base "Contractors" of the Seller, it is informed of its rights according to the Law of Ukraine "On Personal Data Protection" and notified about persons to whom its personal data provided to fulfill the above goals .
Seller uses the personal data received from Buyer only for the performance of its obligations under this Agreement, for the proper and complete customer service in accordance with the terms of this Agreement and the legislation of Ukraine, including using the automated data processing of the Seller’s information resource - Electronic catalog.
9.7. Seller will not disclose information received from Buyer. The case of providing information to agents and third parties, who are acting under the terms of Agreement with the Seller, is not considered a violation, including the goal to fulfill obligations to the Buyer, as well as in cases where such disclosure is required by established law.
9.8. If the Buyer does not want the seller to continue processing of its personal information, the Buyer must contact the Seller with a written request. In this case, the Buyer will not be able to continue to use the services of the Electronic catalog and to purchase Seller’s goods for deferred payment.
9.9. The Buyer by registration on the Seller’s information resource, in the Electronic catalog, gives the Seller consent to receive information messages from the Seller and its partners, operating under the terms of Agreement with the Seller via short message service (SMS) and e-mail.
9.10. At any time, the Buyer has the right to refuse from such mailings, changing settings in a Personal account.
10.1. Electronic catalog consists of materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photographs, graphic pictures, music and sound materials.
10.2. All contents of the Electronic catalog is the property of the Seller and protected by the laws of Ukraine.
10.3. Buyer shall not use materials contained in the Electronic catalog, such as: modify, publish, transmit to third parties, participate in the sale process or assignment, create secondary documents and others.