Conditions of the contract
1. General provisions
1.1. The limited liability company "AVTOSPA" (hereinafter referred to as the Seller) publishes this contract, which is a public contract-offer (hereinafter referred to as the Contract) and has the appropriate legal force, on the sale of goods (services) presented at the car wash, at the address both individuals and legal entities (hereinafter referred to as the Buyer).
1.2. In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine) and the Rules for the sale of goods to order and outside retail or office premises, approved by the order of the Ministry of Economy of Ukraine dated 04/19/2007 No. 103, this document is an offer, and the fact of execution by the Buyer placing an order in writing (via the website or e-mail) and receiving this service order by the Seller is a full and unquestionable acceptance of this public contract and the information presented on the website.
2. Terms and definitions
In this Agreement, if the content requires otherwise, the following terms have the following meaning: "Offer" - a public offer of the Seller, addressed to any natural or legal person with the aim of concluding a sales contract on the conditions that exist and are specified in the Agreement. "Acceptance" is the complete and unconditional acceptance by the Buyer of the terms of the Seller's Public Offer set forth in this Agreement. "Goods (services)" - a list of names of the assortment presented on the official website of the Seller.
In accordance with the legislation of Ukraine, a means of presenting a product, work or service by concluding an electronic agreement. "Seller" is a company that sells goods presented on the Internet site. "Buyer" - a natural person who has reached the age of majority or a legal entity that has entered into contractual relations with the Seller on the terms specified in the contract. "Parties" - Seller and Buyer. "Order" - individual items from the assortment list of Goods, indicated by the Buyer when placing the application on the Seller's website. "Site" - the Seller's web page https://samwash.ua/
3. Subject of the Agreement
3.1. The Contractor undertakes to provide services for washing the Customer's motor vehicles in accordance with the Rules for providing services for washing motor vehicles approved by the Contractor, and the Customer undertakes to accept and pay for the services provided under the conditions established by this Agreement.
The services of washing each particular motor vehicle of the Customer are duly provided by the Contractor from the moment of completion of the provision of the service and acceptance by the representative of the Customer.
4. PROCEDURE FOR PROVISION OF SERVICES
4.1. The Contractor provides services for washing the Customer's vehicles at the address: Styy, Promyslova St., 1a.
4.2. The Customer provides vehicles for the Contractor to provide services on a first-come, first-served basis and does not have priority in the queue over third parties.
4.3. The Customer's vehicle washing services are provided in accordance with the list of services chosen by the Customer's representative.
4.4. The Customer is obliged to use the services of the Contractor's car wash in strict accordance with the Rules for providing services for washing motor vehicles approved by the Contractor.
5. PAYMENT PROCEDURE FOR SERVICES
5.1. Within 3 working days after the conclusion of the contract, the Customer makes an advance payment for the services.
5.2. After using the advance payment, the Customer has the right to top up the advance payment, or make payment in full.
5.3. The Contractor has the right to suspend the provision of services in the absence of payment by the Customer.
6. RESPONSIBILITY OF THE PARTIES
6.1. The parties are responsible for non-fulfillment or improper fulfillment of this Agreement in accordance with the current legislation of Ukraine.
6.2. The executor is responsible for non-fulfillment or improper fulfillment of obligations under this Agreement only in the presence of fault.
6.3. The Customer is responsible for causing any damage to the Contractor. The Customer is also responsible, within the specified limits, for the actions of third parties who took possession of the Customer's vehicles and used the vehicle washing services. In the case of damage to the Contractor's property, the fact of damage is recorded with the participation of employees of the Ministry of Internal Affairs of Ukraine or with the help of video surveillance systems installed on the Contractor's automatic car wash.
7. Rights and obligations of the Parties.
7.1. According to this Agreement, the Seller undertakes to sell the Goods offered for sale on the Site in accordance with the duly executed Buyer's Order and the terms of this offer, and the Buyer undertakes to accept and pay for the Goods ordered by him.
7.2. This Agreement applies to all Goods displayed on the Site at the time of placing the Order by the Buyer.
7.3. The Seller undertakes to: – sell the Goods stipulated in the terms of this Agreement; - to ensure the possibility of ordering and paying for Goods; - to provide advice on the use of the Site and placing of the Order.
7.4. The Seller has the right to: - refuse the sale and/or transfer of the ordered Goods due to the Buyer's improper performance of its obligations under this Agreement; - make changes to this Agreement unilaterally; - make changes to the information posted on the Site unilaterally and at its own discretion; - involve third parties to fulfill their obligations to the Buyer; - to change the conditions and/or delivery time of the Goods to the Buyer, provided that the Buyer is notified of such changes by the phone number specified by him when placing the order.
7.5. The buyer undertakes: - to comply with the terms of this Agreement; - to accept the Goods of appropriate quality that correspond to the Buyer's order; – pay for the Product before receiving it or at the time of receiving it; - check the quantity and name of the ordered Goods upon receipt.
7.6. The Buyer has the right to demand from the Seller the sale of Goods in accordance with the terms of this Agreement.
8. Liability of the parties
8.1. The parties are responsible for non-fulfillment or improper fulfillment of this Agreement in accordance with the current legislation of Ukraine.
8.2. The executor is responsible for non-fulfillment or improper fulfillment of obligations under this Agreement only in the presence of fault.
8.3. The Customer is responsible for causing any damage to the Contractor. The Customer is also responsible, within the specified limits, for the actions of third parties who took possession of the Customer's vehicles and used the vehicle washing services. In the case of damage to the Contractor's property, the fact of damage is recorded with the participation of employees of the Ministry of Internal Affairs of Ukraine or with the help of video surveillance systems installed on the Contractor's automatic car wash.
9. Dispute resolution procedure.
9.1. All disagreements that may arise in the process of fulfilling the terms of this Agreement by the Parties shall be resolved through negotiations.
9.2. In case of failure to reach an agreement on a disputed issue during negotiations, the dispute shall be resolved in accordance with the legislation in force in Ukraine.
10. Confidentiality and protection of information
10.1. The Buyer gives his consent to the Seller for the collection, processing, accumulation, storage and use of his personal data (name, mobile phone number and other personal data), as well as their transfer to third parties exclusively for the purpose and within the scope of ensuring the Seller's performance of duties entrusted to him in accordance with the terms of this offer. The Buyer's personal data is processed in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI "On the Protection of Personal Data". Personal data of Buyers are stored in the Seller's database. Buyers' personal data are collected exclusively for the purpose of fulfilling the terms of this offer, compliance with regulations in the field of tax relations, accounting relations and relations in the field of advertising.
10.2. The Seller has the right to send information, including advertising messages, to the Buyer's mobile phone with his consent. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal, by sending a written statement about the refusal to receive advertising and other information to the Seller at the address indicated on the Site. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.
10.3. The Seller is not responsible for the information provided by the Buyer on the Site in a publicly available form.
11. Term of validity of the Agreement
11.1. This Agreement is considered concluded at the moment of completion of the order by the Buyer and confirmation of acceptance of the order for execution by the Seller.
11.2. The Agreement is valid until the Parties fully fulfill all the terms of this Agreement.
12. Force majeure circumstances
12.1. The Seller is released from responsibility for partial or complete non-fulfillment of obligations under this Agreement, if such non-fulfillment is the result of force majeure. Circumstances of force majeure are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated in the terms of the contract, the occurrence and existence of which are beyond the control of the Seller.
Circumstances of force majeure include: the threat of war, armed conflict or a serious threat of such a conflict, acts of terrorism, sabotage, fire, explosion, long interruptions in the operation of transport, regulated by the terms of relevant decisions and acts of state authorities, embargoes, prohibitions (restrictions ) of export/import, etc., decisions of authorities, changes in national legislation, failure of technical systems used by the Seller, criminal actions of third parties in relation to the Seller, as well as caused by exceptional weather conditions and natural disasters, traffic jams, etc.
13. FINAL PROVISIONS
13.1. The relations of the Parties under this Agreement, in the part not regulated by this Agreement, are governed by the current legislation of Ukraine.
13.2. If before the expiration of the term of the contract neither of the parties declares its termination, then the contract is considered to be extended for another year under the same conditions.
13.3. Any changes and (or) additions to this agreement are valid and have legal force, if they are duly executed bilaterally in writing.
13.4. Disputable issues that arise during the conclusion, execution, change or termination of the contract will be resolved by the parties through negotiations. If no agreement is reached, disputes are considered in the Commercial Court of Ukraine.
13.5. This Agreement is drawn up in two copies, which have the same legal force, one for each of the Parties.
14. Additional conditions
14.1. The Seller reserves the right to unilaterally make changes to this Agreement and its annexes, which are an integral part of the Agreement, and to publish such changes on the Site.
14.2. The site may be temporarily, partially or completely unavailable as a result of technical, preventive or other works, or for any other reasons of a technical nature.
14.3. On all matters not provided for in this Agreement, the Parties are governed by the legislation in force in Ukraine.
14.4. By placing an order, regardless of the method of registration (on this Site, by e-mail, mobile message, etc.), the Buyer confirms the following: The Buyer is familiar with the terms of this offer (offer) to conclude the Agreement and accepts them in full. The moment of acceptance of this contract is considered the placing of the Order by the Buyer. If the Buyer does not agree with the terms of this Agreement, he has no right to place an order; The buyer is familiar with and agrees with the range and value of the Goods, their payment and delivery terms, other terms of sale of the Goods specified on the Site.
14.5. Cancellation of the order after its confirmation is not allowed.
14.6. The contract is considered concluded from the moment the Order is placed.