Public contract – offers.
Kyiv, Ukraine | March 21, 2023 |
Terms of this Agreement.
Buyer – is a fully capable natural or legal person who pays for the goods purchased on the site emc-models.com.ua or indicated by the recipient of the goods purchased on the site emc-models.com.ua.
Seller – IE (individual entrepreneur) Volodymyr Oleksandrovych Pivtorak
Internet-shop – Internet – site owned by the seller and has an address in the Internet: www.emc-models.com.ua
On the site are presented goods which the seller offers to its buyers for ordering, as well as conditions of payment and delivery of these orders to buyers.
Site – www.emc-models.com.ua
E-mail address: emcmodels.pivtorak@gmail.com
Goods – object of material world, not removed from civil circulation and presented for sale on the site.
The seller guarantees that the goods, which is the subject of the Agreement, are new and not used, are not subject to the ban of alienation, arrest, is not the subject of pledge or other means of ensuring the fulfillment of obligations to any natural or legal persons, state bodies and the state, Nor is it the subject of any other burden or restriction provided for by the current legislation in Ukraine.
Order – fully paid (100% advance payment) purchase on the site with a list of goods and full data for delivery of purchased goods.
This Agreement is a public contract-offer to both individuals and legal entities between:
Seller: Individual Entrepreneur Volodymyr Oleksandrovych Pivtorak (IE Pivtorak V. O.), which is in force in accordance with the current legislation of Ukraine, further according to the text of this agreement “seller”,
Buyer: Any fully capable natural or legal person, further on the text of this Agreement “the buyer”,
And together the seller and buyer, further on the text of this Agreement – the “Parties”, and each separately – the “Party”, concluded this Agreement on the following:
Article 1. Subject of the Agreement.
1.1.The seller is obliged to transfer to the property of the buyer, and the buyer is obliged to pay and accept the goods purchased on the site emc-models.com.ua, on the terms of this Agreement.
Article 2. The moment of conclusion of the Agreement.
2.1. This Agreement shall be concluded by the Parties in the following cases:
2.1.1. The buyer’s address to the site emc-models.com.ua;
2.1.2. Registration by the buyer on the site emc-models.com.ua of his personal data;
2.1.3. Order registration by the buyer on the site www.emc-models.com.ua.
2.2. The buyer at the time of ordering, paying for the goods in the online shop on the site emc-models.com.ua confirms that he has read this Agreement and fully understands and accepts all the terms of this Agreement.
2.3. This Agreement is a public offer agreement to both individuals and legal entities (hereinafter the buyer).
Article 3. Characteristics of goods
3.1. The photos presented on the site, which illustrates the goods, are not the subject of an order and are not included in the Agreement field.
3.2. Characteristics of goods and appearance are available on the website.
3.3. All information materials provided on the site are of a reference nature and may not fully transmit reliable information about the properties and characteristics of the goods, including colors, sizes, forms and materials of manufacture. In case of any questions concerning the properties and characteristics of the goods, the buyer must contact the seller before ordering the goods.
3.4. The seller guarantees that the goods, which are the subject of the Agreement, are new and not used, are not subject to the ban of alienation, arrest, or collateral or other means of ensuring the fulfillment of obligations to any natural or legal persons, state bodies and the state, Nor is it the subject of any other burden or restriction provided for by the current legislation in Ukraine.
3.5. The following goods can be presented for sale on the site:
3.5.1. The goods “In stock” – the price of the goods is not changed. The goods are in stock in the seller and will be sent to the buyer within ten (10) calendar days, after receiving from the buyer all data for sending this goods and 100% payment by the buyer of the goods.
3.5.2. The goods “pre order” – at the moment of registration of the order by the buyer of the goods in stock there is no seller, the goods are in production, is made. The price of the goods is unchanged. After 100% payment the goods will be sent to the buyer in agreed pre-term between the seller and the buyer.
Article 4. The price of the goods.
4.1. Prices in the online shop are indicated in US dollars for one piece of goods. The price given to the buyer for payment of the order is the final price.
4.2. The price per unit of the goods includes:
– The price of the goods per unit;
– Packing of goods;
– Mail expenses for delivery of goods to the buyer by means of services provided by JSC “UKRPOSHTA”.
4.3. If the buyer chooses another way of delivery of goods, refuses from services of JSC “UKRPOSHTA”, the price of goods can be changed according to the price for services on delivery of goods chosen by the buyer of the way of delivery of goods.
Article 5. Payment for goods.
5.1. Payment form – non-cash payment to the seller’s settlement account.
5.2. Payment terms: 100% advance payment.
5.3. Payment currency: USD.
5.4. The goods are considered to be paid by the buyer only if the buyer paid 100% of the sum of his order.
5.5. The seller has the right to unilaterally refuse the buyer in any order with which there was a dispute between the Parties.
Article 6. Sending of goods.
6.1. All expenses related to the receipt of goods by the buyer in the country of receipt of goods by the buyer: taxes, duties, value added tax and other obligatory payments, which are valid in the country of receipt by the buyer, immediately at the moment of receipt by the buyer of the goods, fully paid by the buyer.
6.2. The seller shall not be liable for any partial or full liability for the partial or full non-payment by the buyer of payments related to the receipt of the goods by the buyer.
6.3. Shipping is only possible after 100% of the goods payment and the seller has provided all the data for the goods to be shipped.
6.4. The goods are sent within ten (10) calendar days after 100% of the payment of the goods and the buyer gives all data to the seller to send the goods.
6.5. The seller sends the goods through the services of JSC “UKRPOSHTA”. Air
delivery. The parcel is insured.
6.6. If the buyer wants to choose a different way of delivery of the goods, it is necessary to agree with the seller beforehand. Without prior agreement with the seller, it is impossible to send the goods in another way chosen by the buyer.
6.7. Each piece of goods is carefully checked and carefully packed before shipment to the buyer.
6.8. The combination of the shipment of goods (several units of goods in one parcel) is possible under the previous agreement between the Parties.
6.9. According to the previous agreement of the parties, a photo fixation and video fixation of packing of a commodity, packing of a parcel before the moment of delivery of a commodity to the buyer is possible.
6.10. Photo fixation, video fixation of a commodity, process of packing of a commodity, process of packing of a parcel with a commodity, can be carried out by the seller at own discretion, by forces and means of the seller, without notice and coordination of these actions with the buyer.
Article 7. Delivery of goods.
7.1. The seller does not deliver the goods directly.
7.2. The seller shall not be liable for the terms of delivery of the goods, the quality of services in delivery of the goods, for loss, complete or partial destruction of the goods.
7.3. The parties agreed that each shipment of the goods (each separate parcel) should be insured for the full value of the goods.
7.4. In case of total loss or total destruction of goods / parcel, during delivery of the buyer, the seller will return the buyer money for the completely lost goods / parcel, or completely destroyed goods / parcel, except for the monetary funds paid by the seller for mail services, within 30 (thirty) calendar days, after the seller receives full money compensation from JSC “Ukrposhta”, for such completely lost goods / parcel, or completely destroyed goods / parcel.
7.5. After receiving a full money refund from JSC “Ukrposhta” for the completely lost goods / parcel, or completely destroyed goods / parcel, according to the previous agreement of the parties, by email – emcmodels.pivtorak@gmail.com, possible other ways of returning the seller to the buyer of money, for example – repeated dispatch of similar goods to the buyer, If there is a similar product in the seller’s warehouse, or other options that will be agreed by the Parties for each individual case, by email – emcmodels.pivtorak@gmail.com.
7.6. In case the goods / parcel for any reason was insured partially, or not insured at all, the buyer in such a separate case has no right to demand from the seller a partial or full refund of the value of the goods / parcel, which was completely lost, or completely destroyed, during delivery of the goods to the buyer. Also, the buyer has no right to demand in such a separate case from the seller partial, or full compensation of any losses and damages.
Article 8. Guarantees
8.1. The seller guarantees that the goods which are the subject of the contract are new and not used, are not subject to the ban of alienation, arrest, or collateral or other means of ensuring the fulfillment of obligations to any natural or legal persons, state bodies and the state, Nor is it the subject of any other burden or restriction provided for by the current legislation in Ukraine.
8.2. For the goods sold, due to its features, no guarantees are established and no guarantees are distributed.
Article 9. Rights and obligations of the buyer.
9.1. The buyer must:
9.1.1. Until the conclusion of this Agreement, familiarize yourself with the full contents of this Agreement – offers and make purchases and other actions or omissions, in accordance with the terms of this Agreement.
9.1.2. Regularly monitor possible changes in this Agreement – offers.
9.1.4. Provide reliable personal information about yourself: first name, surname, namet, contact phone, e-mail address, Complete data for delivery of the goods in accordance with the terms of this Agreement.
9.1.5. Pay for goods, in accordance with the terms of this Agreement.
9.1.6. To fulfill all obligations arising under this Agreement in accordance with the provisions of this Agreement.
9.2. The buyer has the right to:
9.2.1. To enjoy all rights granted by this Agreement in accordance with the provisions of this Agreement.
Article 10. Rights and obligations of the seller.
10.1. Seller must:
10.1.1. Do not disclose any private information about the buyer or provide access to such information to third parties, except for cases provided for in the current legislation of the country, according to which the seller conducts its business.
10.1.2. Give the buyer the opportunity to get free consultations. The scope of consultations is limited to specific questions – answers related to fulfillment by the seller of the buyer’s order.
10.1.3. To fulfill all obligations arising under this Agreement in accordance with the provisions of this Agreement.
10.2. Seller has the right to:
10.2.1. In the unilateral order to refuse the buyer in the conclusion of the Agreement, drawing up an order, giving the possibility of consultations without explanation of the reasons.
10.2.2. Make any changes to this Agreement – offers.
10.2.3. To enjoy all rights granted by this Agreement in accordance with the provisions of this Agreement.
Article 11. Return of goods.
11.1. The goods bought on the site emc-models.com.ua, due to its peculiarities of return is not subject to.
Article 12. Exchange of goods.
12.1. The goods bought on the site emc-models.com.ua, due to its peculiarities of the exchange is not subject.
12.2. The exchange of goods is possible only under the prior full agreement between the seller and the buyer, on terms stipulated by the seller and the buyer, by delivery via e-mail – emcmodels.pivtorak@gmail.com, for each case of possible exchange of goods.
12.3. The agreement of exchange of goods is possible only in case of the respective address of the buyer to the seller, by means of a letter sent to e-mail – emcmodels.pivtorak@gmail.com, not later than 2 (two) calendar days from the moment of receipt by the buyer of the goods, for which the buyer wishes to agree the exchange.
Article 13. Responsibility of the parties and dispute resolution.
13.1. All disputes and discrepancies between the seller and the buyer are resolved by negotiation, by email – emcmodels.pivtorak@gmail.com.
13.2. Seller shall be liable for the full or partial failure to comply with the terms of this Agreement in the manner provided for in this Agreement.
13.3. The buyer shall be liable for the full or partial failure to comply with the terms of this Agreement in the manner provided for in this Agreement.
13.4. In case of disputes, discrepancies, disputes – the buyer must first contact the seller – send a letter to e-mail – emcmodels.pivtorak@gmail.com.
13.5. In case of disputes, discrepancies, disputes, the seller is obliged to send a letter to the buyer’s e-mail, which the buyer has indicated when making the order.
13.6. The seller’s liability is limited solely to the amount of the order in which the dispute, controversy, or dispute arose.
13.7. All discrepancies, disputes and disputes between the Parties on which negotiations and pre-trial settlement have failed will be settled in the Commercial Court of Ukraine, at the place of the seller’s residence.
Article 14. Force – majeure.
14.1. The party shall be discharged from liability for full or partial violation of the terms of this Agreement if it proves that such violation occurred as a result of the force majeure circumstances set forth in this Agreement, provided that their occurrence has been certified in the procedure established by this Agreement.
14.2. The force majeure circumstances in this Agreement shall mean any extraordinary events of an external nature arising without the fault of the parties, beyond their will or in agreement with the will or desire of the parties, And which can not be foreseen and impossible under the condition of taking the usual for this purpose, and can not be returned (avoided), namely: Natural phenomena (earthquakes, floods, hurricanes, destruction as a result of lightning), a disaster of biological, technogenic and anthropogenic origin (explosions, fires, mass epidemics), epidemics, circumstances of social life (war, military actions, special military operations, non-specific military operations, blockades, public disturbances, manifestations of terrorism, mass fighting and localization, boycotts), as well as the publication of prohibited or restrictive normative acts of state authorities or local self-government (normative acts, laws, sanctions documents, etc.).
14.3. The existence and validity of force majeure circumstances is confirmed by a certificate issued by the Chamber of Commerce and Industry or other competent state authority.
14.4. The Party intending to address the force majeure circumstances shall be obliged within ten (10) calendar days, taking into account the capabilities of the technical means of instant communication and the nature of the existing obstacles, to report any – which is available at the time of the notification, the other party about the occurrence of force majeure circumstances and their impact on the implementation of this Agreement.
14.5. As soon as the force majeure situation ceases, the Party that has experienced their actions shall within ten (10) calendar days inform the other Party of any – by what means is available at the time of the notification.
14.6. If force majeure and/or their consequences temporarily prevent the implementation of this Agreement, the implementation of this Treaty shall be suspended for the period during which it is impossible.
14.7. If, in connection with force majeure circumstances and/or their consequences, for which no party is responsible, the implementation of this Agreement is ultimately impossible, this Agreement shall be terminated unilaterally by means of notification to the other party, by any means available at the time of the notification.
Article 15. Consent to processing of personal data.
15.1. The buyer, understanding and accepting all the provisions of this Agreement, making an order on the site emc-models.com.ua, gives its consent to the processing of personal data.
15.2. Provision of personal data by the buyer is obligatory, personal data is necessary for sending the goods to the buyer’s address.
15.3. Failure to provide the customer with personal information means that the order is canceled. The full or partial payment of this order, on which the buyer has not given personal data, for sending of this order, is not returned by the seller to the buyer.
15.4. The seller guarantees the buyer that the personal data provided by the buyer will be treated in a confidential way.
15.5. The seller has the right to obtain only the personal data necessary for the full execution of the order of the buyer.
15.6. The seller guarantees to the buyer that only those employees who participate directly in the processing of the buyer’s order will have access to his personal data.
15.7. The seller guarantees to the buyer that all personal data of the buyer will be deleted by the seller from the database, within 2 (two) calendar days from the moment of the respective address of the buyer to the seller – e-mail – emcmodels.pivtorak@gmail.com
15.8. The seller is entitled and may use cookies. Cookies are small pieces of information that your browser stores on your computer. The seller uses cookies to learn about you the next time you visit. Cookies allow us to collect information about the use of our services and to improve and adapt to the needs of our customers. Our cookies provide information about your personal identification. You can configure your browser to not receive cookies when you order at emc-models.com.ua.
15.9. The seller shall not disclose any private information about the buyer or provide access to such information to third parties, except for the cases provided for in the applicable laws of the country under which the seller operates.
15.10. Partial or fully personal data of the buyer shall be transferred to a third party to ensure shipment and delivery of the goods purchased on emc-models.com.ua, depending on the applicable rules and regulations at the time of shipment of the goods to the buyer’s address, for each individual case of delivery of the goods to the buyer’s address.
Article 16. International sanctions, fight against financing terrorist or other criminal activities, legalization of proceeds derived from crime.
16.1. The buyer hereby confirms and guarantees that (both at the time of conclusion of this Agreement by the Parties and on the future):
16.1.1. Buyer is not subject to the sanctions of the United Nations Security Council, the U.S. Treasury Department of Foreign assets Control, the U.S. Bureau of Industry and Security Trade Department, the U.S. Department of State, the European Union, Ukraine, the United Kingdom, Or other countries or organizations whose decisions and acts are legally binding on the parties.
16.1.2. The buyer does not cooperate (directly or through intermediaries) and is not connected with the relations of control with the persons on which the sanction is applied (blocking of assets) If such cooperation / control creates a risk of buyer’s violation / extension of the buyer’s action of applicable restrictions and / or inclusion of the buyer in the sanctions lists and / or application of other restrictive measures.
16.1.3. The buyer is not a citizen of the Russian Federation – if the buyer is an individual.
16.1.4. The buyer is not a legal entity established and registered in accordance with the legislation of the Russian Federation.
16.1.5. The buyer is a legal entity, and among its ultimate beneficial owners, members or participants who have a share in the authorized capital of 10 (ten) and more percent, there are no citizens of the Russian Federation or legal entities created and registered in accordance with the legislation of the Russian Federation.
16.1.6. The buyer does not conduct business in cooperation with the Russian Federation in the sense of the Law of Ukraine “on amendments to certain Legislative acts of Ukraine concerning establishment of criminal liability for cooperative activities” dated 03.03.2022 №2108-IX, as well as with illegal authorities created on the temporarily occupied territory, including the occupation administration of the Russian Federation.
16.1.7. The buyer does not carry out / carry out transfer of material resources by illegal armed or military formation, created on temporarily occupied territory, and/or armed or military formation of the Russian Federation.
16.1.8. The buyer does not support decisions and/or actions of the Russian Federation, military formations and/or occupation administration.
16.1.8. The buyer does not promote the conduct of the armed aggression against Ukraine and the buyer recognizes the extension of the state sovereignty of Ukraine on temporarily occupied territory of Ukraine.
16.1.9. The buyer does not maintain business relations with the Russian Federation, does not sell goods and / or services on temporarily occupied territories and / or representatives of the Russian Federation and / or does not otherwise support economic activity of the Russian Federation.
16.1.10. The buyer does not conduct business with companies in which the ultimate beneficial owner and/or shareholder and/or key decision-maker is a citizen of the Russian Federation and/or a person to whom Ukrainian or international sanctions are applied.
16.1.11. The buyer does not have branches, representative offices, separated subdivisions, etc. legal entities located and/or performing economic activity on the territory of the Russian Federation.
16.2. In the event that the information on the transactions with the buyer based on this Agreement is revealed during the term of the contract relations, the information about the transactions with the buyer based on this Agreement contradicts the recommendations of international (intergovernmental) organizations that carry out activities in the sphere of combating financing of terrorist or other criminal activity, legalization of proceeds obtained by criminal means (Including data posted on the UN Security Council, the European Union, a special agency of the U.S. Treasury, the State Financial Monitoring Service of Ukraine, the Ministry of Economic Development and Trade of Ukraine, and others), The seller has the right to terminate this Agreement and from the date of discovery of the above information is completely relieved of any responsibility for non-fulfillment of obligations under this Agreement.
Article 17. Term of validity of the Agreement.
17.1. This Agreement shall enter into force from the moment of the buyer’s application to the Site emc-models.com.ua, receipt of consultations from the seller, execution of the order, purchase of the goods, delivery of the goods and shall end with full fulfillment of the obligations, in accordance with the provisions of this Agreement, the seller and the buyer, for each separate case.
Article 18. Final provisions of the Agreement.
18.1. Models made by EMC-models are not toys. These jewelry, created and manufactured exclusively by hand, consist of a large number of small parts. They are not intended for play or for children under 14 years of age.
18.2. All trademarks, trade marks, service marks and logos are the property of their owners and are used for informational purposes only. Logos and signs visible on models are not advertising. They are reproduced on all models in order to fully match the model of the original car or the historical version of the car only with respect to the historical truth.
18.3. The seller shall not be liable for any partial or total failure of the buyer to comply with or comply with the normative and legal documents and regulations in force in the country of the buyer.
18.4. The e-mail address – emcmodels.pivtorak@gmail.com, as specified in this Agreement, is the sole e-mail address of the seller, by which the seller and the buyer send correspondence with respect to any actions under this Agreement.
18.5. All provisions of this Agreement shall prevail over all other conditions specified in any other instrument.
18.6. All provisions of this Agreement fully regulate all relations between the seller and the buyer.
18.7. Neither party shall be able to transfer its rights and obligations under this Agreement to any third party without the written consent of the other party.
18.8. Any order, partially or fully placed on the website emc-models.com.ua, provides full understanding and acceptance by the buyer of all terms and conditions of this Agreement.
18.9. The site emc-models.com.ua in general, as well as with all related rights, is the property of Volodymyr Olexandrovych Pivtorak. Any copying, reproduction, full or partial, is prohibited without permission of the owner of the emc-models.com.ua site. Without permission from the owner of the site www.emc-models.com.ua allowed links to the site of any type.
18.10. The buyer at registration of the order, payment of the goods in the online shop on the site emc-models.com.ua confirms that he has read this Agreement and fully understands and accepts all the terms of this Agreement.
18.11. All purchases and sales on the site emc-models.com.ua are fully regulated by the provisions of this Agreement.
18.12. The text of this Agreement is placed (published) in full on the web-site emc-models.com.ua in free access for all individuals and legal entities.
Article 19. Details of the seller.
Full name:
Individual Entrepreneur
Volodymyr Oleksandrovych Pivtorak
Short name:
IE Pivtorak V. O.
Individual tax number
(ITN): 2157716692
Registration number: 20008401341
Address:
04108, Ukraine, Kyiv city,
Podilsky district,
Prospekt Pravda, house 37a, apartment 118
tel.: +380504042477
IBAN UA813052990000026008015027266
AT JSC CB “PrivatBank”, MFO 305299
