for the order, purchase and sale of goods
This translation is provided for information only. Only the Ukrainian version is legally binding.
This contract is an official and public offer, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (natural person, legal entity, individual entrepreneur) without giving preference to one Buyer over another. By entering into this contract, the Buyer accepts in full the terms and procedure for placing an order, paying for the goods, returning the goods, liability for a bad-faith order and all other terms of this contract. This contract shall be deemed concluded from the moment the “Confirm order” button is clicked on the checkout page of the website https://ekipazh-zavod.com/ and the Buyer receives an electronic order confirmation from the Seller.
1. Definitions
1.1. Public Offer (hereinafter, the Offer) means the public proposal of the Seller, addressed to an indefinite number of persons, to enter into this contract with the Seller at a distance (hereinafter, the Agreement) on the terms set out in this Offer.
1.2. Goods means the subject matter of the transaction between the parties, selected by the Buyer on the website https://ekipazh-zavod.com/.
1.3. The Website specified above by the Seller is provided for the conclusion of contracts on the basis of the Buyer becoming acquainted, via the Internet, with the description of the goods offered by the Seller.
1.4. Buyer means a natural person, legal entity or individual entrepreneur who receives information from the Seller and places orders for the purchase of goods presented on the Website.
1.5. Seller means one of the dealers of Private Enterprise EKIPAZH (EDRPOU code 21241245), which is the manufacturer of the goods specified on the Website:
Seller: INDIVIDUAL ENTREPRENEUR Harahonych Anzhelika Mykolaivna (Taxpayer Identification Number 3849102309), registered address: Apt 32, Bldg 23, Microdistrict 3, Zlatopil, Lozova Raion, Kharkiv Oblast, 64102, Ukraine, being a dealer of Private Enterprise EKIPAZH, EDRPOU code 21241245, which is the manufacturer of the goods specified on the Website.
Seller: INDIVIDUAL ENTREPRENEUR Urazov Oleksii Viacheslavovych (Taxpayer Identification Number 3094205216), registered address: Apt 9, Bldg 14, Microdistrict 3, Zlatopil, Lozova Raion, Kharkiv Oblast, 64102, Ukraine, being a dealer of Private Enterprise EKIPAZH, EDRPOU code 21241245, which is the manufacturer of the goods specified on the Website.
Seller: INDIVIDUAL ENTREPRENEUR Teplytska Olena Serhiivna (Taxpayer Identification Number 3051706804), registered address: Apt 41-42, Bldg 24, Microdistrict 6, Zlatopil, Lozova Raion, Kharkiv Oblast, 64102, Ukraine, being a dealer of Private Enterprise EKIPAZH, EDRPOU code 21241245, which is the manufacturer of the goods specified on the Website.
Seller: INDIVIDUAL ENTREPRENEUR Burnaiev Serhii Hennadiiovych (Taxpayer Identification Number 2718713918), registered address: Apt 27, 25V Tsentralna Street, Zlatopil, Lozova Raion, Kharkiv Oblast, 64102, Ukraine, being a dealer of Private Enterprise EKIPAZH, EDRPOU code 21241245, which is the manufacturer of the goods specified on the Website.
Seller: INDIVIDUAL ENTREPRENEUR Kunchenko Iryna Serhiivna (Taxpayer Identification Number 2909416220), registered address: 10 Fizkulturna Street, Zlatopil, Lozova Raion, Kharkiv Oblast, 64102, Ukraine, being a dealer of Private Enterprise EKIPAZH, EDRPOU code 21241245, which is the manufacturer of the goods specified on the Website.
Seller: INDIVIDUAL ENTREPRENEUR Marienko Oksana Yuriivna (Taxpayer Identification Number 3161818825), registered address: Apt 84, Bldg 20, Microdistrict 3, Lozova Raion, Kharkiv Oblast, 64002, Ukraine, being a dealer of Private Enterprise EKIPAZH, EDRPOU code 21241245, which is the manufacturer of the goods specified on the Website.
2. Subject Matter of the Agreement
2.1. The Seller undertakes to transfer the goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of the Agreement.
2.2. The date of conclusion of the Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be deemed to be the date on which the Buyer completes the order form located on the Website, provided that the Buyer receives an electronic order confirmation from the Seller. Where necessary, at the Buyer's request, the Agreement may be executed in writing.
3. Placing an Order
3.1. The Buyer places an order independently on the Website or by placing an order by email or by the telephone number indicated in the contacts section.
3.2. The Seller has the right to refuse to hand over the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion as to its authenticity.
3.3. When placing an order on the Website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfil the order:
3.3.1. the Buyer's surname and first name;
3.3.2. the address to which the goods are to be delivered (if such delivery has been agreed by the parties and paid for by the Buyer);
3.3.3. contact telephone number;
3.3.4. details of the legal entity or individual entrepreneur.
3.4. The name, quantity, article number and price of the goods selected by the Buyer are shown in the Buyer's Basket on the Website.
3.5. If either party to the Agreement requires additional information, it has the right to request it from the other party.
3.6. The Buyer's acceptance of the terms of the Agreement is effected by the Buyer entering the relevant data in the registration form on the Website or when placing an order by email or by telephone. After the Order is placed through the Operator, the Buyer's data are entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an order.
3.8. By entering into the Agreement, the Buyer confirms the following:
a) the Buyer has fully and completely read and agrees with the terms of the Agreement;
b) the Buyer gives permission for the collection, processing and transfer of personal data; the permission to process personal data is valid throughout the term of the Agreement and for an unlimited period after its expiry. In addition, by entering into the Agreement the Buyer confirms that he or she has been informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his or her personal data are transferred to the Seller in order to enable the performance of the terms of the Agreement, the settlement of mutual accounts, and the receipt of invoices, acceptance certificates and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer the Buyer's personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a personal data subject under the Law of Ukraine “On Personal Data Protection” is known to and understood by the Buyer.
4. Price and Delivery of the Goods (if agreed by the parties)
4.1 The price of the goods is set by the Seller in hryvnias and is calculated individually according to the Buyer's order.
4.2 The price of the goods may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of goods whose cost has been paid by the Buyer in full may not be changed by the Seller unilaterally.
4.3. The cost of the goods does not include the cost of delivering the goods to the Buyer. The cost of delivery is calculated individually and is paid by the Buyer in accordance with the current rates of the delivery services (carriers).
4.4. The Seller may indicate the approximate cost of delivering the goods to the Buyer's address when the Buyer submits a corresponding request to the Seller by sending an email or when placing an order through the Website.
4.5. The Buyer's obligations to pay for the Goods shall be deemed fulfilled from the moment the funds are received in the Seller's current account.
4.6. Payment for the goods may be made by card, online, via the LiqPay service.
4.7. On receipt of the goods delivered to the Buyer's address, the Buyer must, in the presence of a representative of the delivery service (carrier), check that the goods conform to their qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.8. On acceptance of the goods, the Buyer confirms by signing the sales receipt / or the order / or the consignment note for delivery of the goods that he or she has no claims as to the quantity, appearance and completeness of the goods.
4.9. Title to and the risk of accidental loss of or damage to the goods pass to the Buyer from the moment the Buyer receives the goods at the place of delivery where the goods are delivered by the Seller itself, or when the Seller hands the goods over to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller shall:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of the Agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not grant third parties access to such information, except in cases provided for by law and in the course of fulfilling the Buyer's order.
5.2. The Seller has the right to:
5.2.1 Change the terms of the Agreement, as well as the prices of the goods, unilaterally by posting them on the Website. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 before entering into the Agreement, to read the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Website;
5.3.2 in order for the Seller to perform its obligations to the Buyer, the Buyer must provide all necessary data that unambiguously identify him or her as the Buyer and are sufficient for delivery of the ordered goods to the Buyer.
6. Quality, Warranty
6.1. The quality of the goods must comply with DSTU, DBN and other requirements established by the applicable legislation of Ukraine. If the goods are ordered, at the Buyer's request, with deviations from DSTU or DBN, the Seller shall not be liable for the quality of such goods.
6.1.1. The warranty period for the goods (components of the goods) granted by the manufacturer of the goods is:
5 years for the integrity of the profile (absence of latent manufacturing defects);
warranty for the mechanical functionality of the hardware (absence of latent manufacturing defects):
a) Category I, window hardware: 5 years (subject to lighter loads in service);
b) Category II, door hardware: 3 years (subject to considerably heavier loads in service, namely door closers, locks, door hinges, cylinders);
– 6 months for retention of the hardware adjustment settings;
5 years for the airtightness of insulated glass units (penetration of moisture through the sealing layers);
2 years for rubber seals (absence of cracking and delamination).
6.2. If latent defects in the goods are discovered during the established warranty period, the Buyer, in person, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims against the Seller as provided for by the Law of Ukraine “On Consumer Rights Protection”. Where claims for the free-of-charge remedying of defects are made, the period for remedying them is counted from the date on which the Seller receives the goods at its disposal and obtains physical access to such goods.
6.3. Claims provided for by the Law of Ukraine “On Consumer Rights Protection” are considered by the Seller provided that the Buyer submits the documents provided for by the applicable legislation of Ukraine. The Seller is not liable for defects in the goods that arose after their transfer to the Buyer as a result of the Buyer's breach of the rules for use or storage of the goods, the actions of third parties or force majeure.
6.4. The Buyer has no right to refuse goods of proper quality that have individually defined properties if the said goods can be used exclusively by the Buyer who purchased them (including non-standard dimensions, characteristics, appearance, configuration and other features at the Buyer's request). Confirmation that the goods have individually defined properties is a difference between the dimensions and other characteristics of the goods and those indicated on the Website.
6.5. Returns of goods, in the cases provided for by law and the Agreement, are made to the address indicated on the website in the Contacts section, at the Buyer's expense, which the Seller does not reimburse to the Buyer.
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 goods purchased from the Seller.
7.2. The Seller is not liable for improper or late fulfilment of orders and its obligations where the Buyer has provided inaccurate or erroneous information.
7.3. The Seller and the Buyer are liable for the performance of their obligations in accordance with the applicable legislation of Ukraine and the provisions of the Agreement.
7.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of their obligations if the non-performance results from force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters arising independently of the will of the Seller and/or the Buyer after the conclusion of the Agreement. The Party unable to perform its obligations shall immediately notify the other Party thereof.
8. Confidentiality and Personal Data Protection
8.1. By providing personal data on the Website during registration or when placing an order, the Buyer gives the Seller voluntary consent to the processing and use (including transfer) of his or her personal data, as well as to the performance of other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limitation of the term of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. The provision by the Seller of information to counterparties and third parties acting under a Contract with the Seller, including for the performance of obligations to the Buyer, as well as in cases where disclosure of such information is required by the applicable legislation of Ukraine, shall not be deemed a breach.
8.3. The Buyer is responsible for keeping his or her personal data up to date. The Seller is not liable for improper performance or non-performance of its obligations due to information about the Buyer being out of date or not corresponding to reality.
9. Other Terms
9.1. The Agreement has been concluded in the territory of Ukraine and is governed by the applicable legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the disputed matter cannot be settled through negotiations, the Buyer and/or the Seller have the right to refer the dispute to the courts in accordance with the applicable legislation of Ukraine.
9.3. Amendments to the Agreement may also be made by mutual consent of the Parties in the manner provided for by the applicable legislation of Ukraine.
10. Registered Address and Details of the Seller:
Individual Entrepreneur Harahonych A.M..
Registered address: Apt 32, Bldg 23, Microdistrict 3,
Zlatopil, Lozova Raion, 64102 Kharkiv Oblast, Ukraine
Current account UA723220010000026006380024222
with JSC “UNIVERSAL BANK”
Taxpayer Identification Number 3849102309
Extract from the Register of Single Tax Payers No. 4261 (Group 2)
Tel. 0991954481
Email: likagaragonic@gmail.com
Individual Entrepreneur Urazov O.V.
Registered address: Apt 9, Bldg 14, Microdistrict 3,
Zlatopil, Lozova Raion, 64102 Kharkiv Oblast, Ukraine
Current account 03220010000026002380006200
with JSC “UNIVERSAL BANK”
Taxpayer Identification Number 304205216
Extract from the Register of Single Tax Payers No. 4229 (Group 2)
Tel.098-216-47-47
Email: alekseyurazov3@gmail.com
Individual Entrepreneur Teplytska O.S.
Registered address: Apt 41-42, Bldg 24, 3 Microdistrict 6,
Zlatopil, Lozova Raion, 64102 Kharkiv Oblast, Ukraine
Current account UA863220010000026001370004428
with JSC “UNIVERSAL BANK”
Taxpayer Identification Number 3051706804
Extract from the Register of Single Tax Payers No. 8645 (Group 2)
Individual Entrepreneur Burnaiev S.H.
Registered address: Apt 27, Bldg 25V, 3 Tsentralna Street,
Zlatopil, Lozova Raion, 64102 Kharkiv Oblast, Ukraine
Current account UA193220010000026003360034354
with JSC “UNIVERSAL BANK”
Taxpayer Identification Number 2718713918
Extract from the Register of Single Tax Payers No. 8951 (Group 2)
Individual Entrepreneur Kunchenko O.S.
Registered address: 10 Fizkulturna Street,
Zlatopil, Lozova Raion, 64102 Kharkiv Oblast, Ukraine
Current account UA553220010000026009370023047
with JSC “UNIVERSAL BANK”
Taxpayer Identification Number 2909416220
Extract from the Register of Single Tax Payers No. 11611 (Group 2)
Individual Entrepreneur Marienko O.Yu.
Registered address: Apt 84, Bldg 20, Microdistrict 3,
Zlatopil, Lozova Raion, 64102 Kharkiv Oblast, Ukraine
Current account UA203220010000026004360026639
with JSC “UNIVERSAL BANK”
Taxpayer Identification Number 3161818825
Extract from the Register of Single Tax Payers No.10653 (Group 2)