Contract for sale of goods through FC Shakhtar online shop
Shakhtar Trading Ltd (Donetsk), selling goods through its online shop (hereinafter the Seller), as a party of the first part, and the Buyer ordering goods through the online shop of the company (hereinafter the Buyer) as a party of the second part, have entered into this contract as follows:
this contract is a public offer and contains all the essential terms for organising the sale remotely (i.e. via the online shop).
1. Subject of the contract
1.1. Hereunder the Seller shall transfer to the Buyer the goods selected by the Buyer at the online shop of Shakhtar Trading Ltd, and the Buyer shall pay for the goods in accordance with the contract terms and conditions.
1.2. This contract regulates the sale through the online shop including:
a) voluntary choice of the goods by the Buyer at the online shop;
b) independent order placement by the Buyer at the online shop;
c) payment by the Buyer for the order prepared at the online shop;
d) order fulfilment and transfer to the Buyer in accordance with the present Contract.
2. Order placement
2.1. The Buyer places an order with the online shop independently.
2.2. Upon receiving the order, the online shop manager contacts the Buyer by any conventional means available to confirm and clarify the time and cost of delivery.
2.3. The seller emails to the Buyer a message notifying them of the fact that the order is placed on the orders database of the online shop of Shakhtar Trading Ltd.:
- if the Buyer places an order before 12.00, then the order is processed the same day.
- if the Buyer places an order after 12.00, the order will be processed the following day. All orders are processed on weekdays.
2.4. Order adjustment
2.4.1. In the event of unavailability of any goods, the Manager shall contact the Buyer by phone. If the Manager cannot reach the Buyer by phone (phone line is busy, the phone number is wrong, no connection etc), the Manager forwards to the Buyer the problem description with an offer to replace the goods.
2.4.2. When processing the order, the online shop manager shall not be entitled to make any changes to the list of ordered goods and their prices without consent of the Buyer.
3. Payment and goods delivery
3.1. The total order price includes the online shop goods price and the cost of delivery.
3.2. The delivery cost is not specified in the online shop and depends on the current rates of the shipping organization.
3.3. Methods of payment and delivery of the ordered goods is carried out by the Buyer in accordance with the "specified on the website" terms of delivery and within three working days following the order issuance date.
3.4. The Buyer can pose any questions about the online shop pricing and goods payment procedure:
a) by phone +38 (050) 3671936 and +38 (067) 6371936;
b) by email [email protected];
c) to the online advisor.
3.5. Delivery in Ukraine is carried out by Nova Poshta and Ukrposhta courier delivery.
3.6. Delivery terms
3.6.1. The total period of delivery of the ordered goods consists of the order processing period, the supplier order processing period and the delivery term. The order processing period is two business days. The term of delivery by a specialist organization may vary from one to sixty days, depending on the supplier and transportation company.
3.6.2. The buyer is obliged to accept the goods at the address specified in the order at the scheduled time or reassign the order acceptance to a trustee. Should the order not be accepted at the specified address due to the absence of the Buyer or the trustee, as well as the documents (passport, power of attorney), transportation costs will be added to the cost of this or next order.
3.7. Order cancellation
3.7.1. The Buyer has the right to cancel the order at any time, including when the goods have been delivered, however the Buyer must notify the Seller of the order cancellation as soon as possible via the phone number or email specified in the clause 3.4. of this Contract.
3.7.2. If the Buyer cancels the order after its delivery to the Buyer, the latter shall cover the goods delivery expenses of Shakhtar Trading Ltd.
3.7.3. The Buyer, who has made an advance payment for the order, but has not received it at the scheduled time due to their own fault or who has unreasonably refused to receive the order when delivered to their home or office, shall refund the goods price amount excluding the delivery costs.
3.7.4. The Buyer agrees that the Seller has the right to reject an order from the Buyer who has repeatedly (two or more times) cancelled it at the time of delivery, as well as altered the order during delivery and/or after the sale.
4. Replacement of goods
4.1. The Buyer has the right to refuse to receive the goods of proper quality (the item is damaged, does not operate or is broken; the item does not correspond to the product ID) during 14 days following the date of receipt of the goods, given that the goods were not in use, retaining the presentation, consumer qualities, as well as the seals and labels, being accompanied by the documents handed out together with the goods when buying, except for the Goods that cannot be exchanged or returned in accordance with Annex 3 to the Order of the Cabinet of Ministers of Ukraine dated March 19, 1994, M 172.
4.2. The goods may be returned directly to the courier upon delivery.
6. Goods’ features
6.1. Shakhtar Trading Ltd is committed to featuring on the website the pictures of actual goods, the detailed information about the goods and their contents. Whereas the Buyer recognizes that there may be differences between the actual and website-presented features, as the manufacturers reserve the right to change those specifications without any prior notice given to Shakhtar Trading Ltd. The Buyer shall be entitled to refuse to buy the goods upon finding any discrepancies.
7.1. Upon delivery of the goods, warranty periods are set for some of them by regulatory documents, Shakhtar Trading Ltd shall pass to the Buyer the technical passport or other replacement document. In that document, an authorized person of Shakhtar Trading Ltd shall specify the date of sale (delivery day), and put the seal and signature.
8.1. For improper performance of their obligations hereunder, the Buyer and the Seller shall be liable under the applicable law.
8.2. In case of dispute arising between the Buyer and the Seller and the impossibility of its resolution by mutual agreement, the dispute is referred to the appropriate court.
8.3. By giving the Seller the email and phone number, the Buyer agrees to the use of such means of communication by the Seller, as well as by the third parties engaged by the Seller for the purpose of fulfilling its obligations to the Website Audience/Users/Buyers, in order to email advertising and promotional materials containing information about discounts, upcoming and current offers and other activities of the Seller, about the order placement for delivery, as well as other information directly related to the fulfilment of obligations by the Buyer under this contract.
9. Opening hours
9.1. Online shop opening hours:
Mon-Fri: from 9.00 to 18.00;
Sat: from 9.00 to 18.00 in call centre mode;
Sun: day off.
10. Contract validity term
10.1. This Contract is a contract of adhesion and shall enter into force from the moment of accession to this contract and acceptance of its terms by the Buyer by ticking the checkbox “I agree with the contract terms and conditions” and be effective until the Buyer and Shakhtar Trading Ltd fulfil their obligations hereunder.