Offer agreement
Offer Agreement
Please read these terms and conditions carefully before viewing this site
If you do not agree to these terms and conditions, do not use this site. Using this site and/or other services, including filling out various forms, applications, correspondence, leaving feedback, ordering goods/services using this site means your full consent to the terms of this agreement, including the terms of processing and protection of your personal data as a User.
Terms used in this Agreement:
Online store SPORT-FACTOR.UA - an online resource in the form of a software platform, located at the link https://sport-factor.ua, a trading platform with goods, helping users to sell and buy goods / order services on the terms described in this document.
Administration (administration of the website SPORT-FACTOR.UA) - limited liability company "SPORT-FACTOR LLC (SPORT-FACTOR).", which is registered in accordance with the current legislation of Ukraine and / or persons duly authorized by him to manage the marketplace and provide services to users.
Website - the website of the online store SPORT-FACTOR.UA, located on the Internet at the permanent address: https://sport-factor.ua.
Consent - this agreement of the User.
Seller - a legal entity or an individual entrepreneur, which places on the site information about the goods/services that sells/offers. The seller can be both the administration and any person to whom the site administration has granted permission to post information about the goods/services of such person. The name of the seller is indicated in the documents for the transfer of goods to the recipient (acceptance certificate, receipt or other documents confirming the fact of transfer of goods to the recipient).
Goods - goods, services, works, property rights, other tangible and intangible objects of sellers, information about which is posted on the site.
User means a person viewing information on the Website and/or ordering and/or receiving goods using the Website tools. The Recipient and the Payer are Users.
Order - the User's request through the Site to the Seller to sell the Goods, as well as the totality of the Goods ordered by the User.
Payer - a person paying for the Order.
Recipient - a person specified by the payer as a person authorized to receive the goods according to the Order. Unless otherwise specified in the order form, the payer is the recipient.
Offer - information posted on the Website about a specific product that can be purchased by the User. The offer includes: information about the product itself, its price, payment and delivery methods, as well as other conditions of purchase of the product by the User. The terms of the offer are determined by the Seller. The offer is not an offer, but only information about possible conditions for the purchase of goods.
Content - any information posted by the user in the online store, including, but not limited to, the name and description of product items, photos, characteristics, promotional materials, information about the user and the like.
Signing by the recipient of the acceptance certificate of the goods (or other document equivalent in content, confirming the fact of transfer of the goods to the recipient), or signing by the recipient of the carrier's documents confirming the fact of receipt of the shipment containing the goods, or actual receipt of the goods by the consignee and the consignee's performance of actions evidencing acceptance of the goods (the consignee has received the goods and left the point of delivery, etc.).
Collecting information about the ways in which visitors use SPORT-FACTOR.UA Internet resources: pages visited, where links are used and the length of stay on each page;
Determining the effectiveness of advertising campaigns and their management;
to support the functions of SPORT-FACTOR.UA Internet resources, for example, to eliminate the need to re-enter input information already in the database, or to re-set the settings already set during repeated visits to our Internet resources; to personalize the work with Internet resources.
to provide information about products and services;
security and fraud prevention;
effective customer service;
personalizing the use of Internet resources;
displaying personalized advertising when visiting Internet resources;
providing Users with special offers and other information that, in their opinion, may be of interest (but only with Users' permission);
providing Users with information and notifications regarding their use of SPORT-FACTOR.UA Internet resources;
providing Users with invitations to participate in surveys and provide comments to the administration;
better understanding of Users' needs and interests;
improving the content, functionality and convenience of online resources;
improvement of goods and services;
improvement of marketing and advertising activities;
for the implementation of logistics services to transport-forwarding, courier organizations, other persons organizing the delivery of goods;
any other purposes specified in the current privacy notice or other agreements between SPORT-FACTOR.UA and users.
The user has the right to withdraw consent to the processing of his personal data by deleting his profile on the site.
To exercise the user's rights as a subject of personal data, in particular, to delete the profile on the site, the user must send the administration a corresponding request to Email - sales@sport-factor.ua.
After deleting the user's profile, if the user intends to resume using the site, the user will need to resubmit his personal data required to use the site.
Service Providers.
Administration provides general access to personal information to companies and organizations that provide services on behalf of, for example, companies that provide support services (including processing services, data center services and web hosting services), or that help Sellers to market goods and services.
1. GENERAL TERMS OF USE OF THE SITE
1.1 Online store SPORT-FACTOR.UA is a platform for placing offers to sell goods by Sellers.
1.2 This Agreement is a public offer. By accessing the materials of the site user is considered to have acceded to this agreement.
1.3 Administration of the site has the right to unilaterally change the terms of this agreement at any time. Such changes come into force from the moment of posting a new version of the agreement on the site.
1.4 The offer on the site is not an offer. However, the user after familiarizing with the offer has the right to make an offer to the seller (sellers) by filling in the order form. Filling in the Order form is considered an offer of the user to the seller (sellers) for the user to purchase the corresponding goods on the conditions specified in the offer.
1.5 The user understands that his offer is redirected by the administration to the seller selected by the administration. This provision in no way implies that the administration acts as an agent of the seller and / or assumes any responsibility for the fulfillment of the order of the seller.
1.6 The offer is considered to be accepted by the seller, if the latter has performed actions indicating the acceptance of the offer of the user, namely: actually shipped the goods, began to provide services or work in accordance with the conditions provided by the offer of the user.
1.7 Upon receipt of the user's offer, the seller has the right to offer to purchase the goods on different terms than it was provided by the user's offer. In this case, such offer is considered a counter-offer and must be accepted by the user. Acceptance of the counter-offer is considered to be the actual receipt by the user (recipient) of the goods on the conditions stipulated by the counter-offer. The seller has the right to withdraw such counter-offer before the goods are delivered to the buyer.
1.8 The actual receipt and acceptance of the goods by the recipient is sufficient proof of the acceptance of the offer by the seller or the counter-offer (i.e. the agreement of all the essential conditions of the sale of the goods by the parties).
1.9 The only means of compensation provided to the User in case of non-compliance with the actual terms of the offer is to give the User (recipient) the right to refuse to receive and accept the relevant Goods and demand a refund of the price paid for them. Except for the cost of delivery to the point of delivery (if the amount was actually paid by the payer).
1.10 It is not considered acceptance by the seller of the user's offer if the seller and/or the administration sends by means of electrical (sms-informing, e-mail, telephone, etc.) or other communication notification to the seller/administration of the receipt of the user's order and / or the terms of its receipt and / or the price of the goods. This message is solely a notification of the seller's receipt of the user's offer (but not of its acceptance) and contains a reproduction of the terms of the offer provided by the user.
1.11 The moment of receipt and acceptance of the goods by the recipient is the moment (whichever is earlier):
1.12 The user is entitled to designate a third party as the recipient of the purchased goods. In this case, the recipient is obliged to indicate in the order form the data necessary to identify the recipient and to deliver the goods to him. In such case, the provisions of Article 636 of the Civil Code of Ukraine shall apply to the relations of the parties.
1.13 Information about the Goods.
1.13.1 Information about the Goods is contained on the Goods itself, its packaging, in shipping documents. Information about the Goods may also be provided remotely (by phone, by posting information about the Goods on the website). The User confirms his/her consent to receive information about the goods by means of remote communication and/or using the website.
1.13.2 The Recipient is obliged to familiarize himself/herself with the information about the goods/services before receiving them. If additional information is required, the Recipient is obliged to contact the Seller and obtain the necessary information by means of remote communication.
1.13.3 The price for the Goods is specified in the offer without taking into account the cost of delivery.
1.14 Limitation of Liability.
1.14.1 The Online Shop is a platform for the placement of offers by sellers. In this regard, the administration (except when the administration is a seller) does not bear any responsibility to users (payers, recipients) for the fulfillment of the order by sellers and related issues, including but not limited to: for compliance of the terms of the offer with the actual conditions of sale of goods, for the lack of goods, for late delivery of goods, for the quality of goods, for the proper fulfillment of warranty obligations by sellers and/or manufacturers.
1.14.2 The conditions stated in the Offer are preliminary conditions for the purchase of goods. The conditions of the offer may be changed by the sellers, including after the order has been accepted for execution. Specific conditions
2. OBLIGATIONS OF THE PARTIES
2.1 The User undertakes to carefully read this Agreement. In case of disagreement with its terms the User undertakes to immediately stop using the Site.
2.2 The User agrees not to take actions that may be considered as violating Ukrainian legislation or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Site and Site services.
2.3 The use of materials of the Site without the consent of the right holders is not allowed. For lawful use of the Site materials it is necessary to conclude license agreements (obtain licenses) with the right holders.
2.4 When quoting materials of the Site, including protected works of authorship, reference to the Site is obligatory.
2.5 Comments and other records of the User on the Site must not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics, must not contain calls for violent and other actions contrary to the current legislation.
2.6 The User is warned that the Website Administration is not responsible for visiting and using external resources, links to which may be contained on the Website.
2.7 The User accepts the provision that all materials and services of the Site or any part thereof may be accompanied by advertising. The User agrees that the Site Administration does not bear any responsibility and does not have any obligations in connection with such advertising.
2.8 The User understands that the Sellers are separate business entities, not controlled by the Administration. The User realizes that the Administration does not have any authority to influence the performance of the Sellers' obligations to accept and/or fulfill the Order, as well as obligations arising after the sale of Goods.
3. PROCEDURE FOR EXCHANGE AND RETURN OF GOODS BY THE RECIPIENT (USER, PAYER)
3.1 The exchange and return of the Goods (including in case of termination of the purchase agreement), in accordance with the Law of Ukraine "On Protection of Consumer Rights", is carried out at the address: Kharkiv, Stadionnyi proezd, 13.
3.2 If the Goods are received by mail, the return of such Goods (including in case of termination of the contract of sale) shall be made by mail to the following address: Kharkov, Stadionnyi avenue, 13.
Recipient: representative of "SPORT-FACTOR.UA".
3.3 The User can find more details in the section "EXCHANGE AND RETURN"
4. PRIVACY POLICY
4.1 This privacy policy of the online store SPORT-FACTOR.UA applies to information that may be collected on the Site, as well as the following online resources
SPORT-FACTOR:
https://sport-factor.ua
https://www.instagram.com/sport__factor
https://www.facebook.com/sportfactor.opt
https://t.me/sportfactor
(hereinafter referred to as Internet resources)
By registering on the Internet resources, Users agree to accept the instructions described in this Privacy Policy. The purpose of this Privacy Policy is to inform Users about the procedure of collection, storage and processing of personal data and information provided to them through these online resources.
The Privacy Policy applies to "personal data and information" collected by the Administration when Users visit the Site and online resources, register or place Orders, fill out any feedback forms.
If the User does not agree with this Privacy Policy, the Administration asks not to use the Site and the above Internet resources.
The Administration reserves the right to make changes to this Policy at any time. Any changes are put into effect by setting it out in a new version. Administration recommends that you regularly read the updates of this Policy to be aware of any changes and possible order of use of your information.
The source of collection of personal data is the information directly and voluntarily provided by the Users themselves.
The owner and manager of the personal data provided by the Users is "SPORT-FACTOR" LLC (SPORT-FACTOR).", and / or persons duly authorized by him to manage the online store and provide services to Users.
4.2 "Personal data and information" means data that identifies Users, both separately and in combination with other information available to the Administration. Using the Website https://sport-factor.ua, as well as other Internet resources SPORT-FACTOR. UA, including when registering or placing Orders, participating in programs, promotions, etc., organized by the Administration, the User agrees with this Privacy Policy and gives its consent to the Administration for the collection and processing (accumulation, storage, adaptation, recovery, use, distribution, depersonalization and destruction) of personal data, including: name, surname, first name, patronymic; e-mail; telephone; address; date and place of birth; citizenship; information on registration as a natural person - name, surname, patronymic, e-mail address, telephone number, address, date and place of birth, citizenship; information on registration as a natural person - name, surname and patronymic. This provision is valid without limitation.
4.3 Non-personalized identification information means information of a purely statistical nature, which does not in itself identify specific individuals or legal entities, and which depends on Users' visits to Internet resources. For example, this information may include the domain from which the User accesses the Internet, the date and time of access to the Internet resources, as well as the address of the website from which the User linked directly to the Internet resources. This information is used in a summarized form to increase the usefulness and attractiveness of the Internet resources for Users.
4.4 The subject of personal data, in accordance with the Law of Ukraine "On Protection of Personal Data", has the right: to know about the sources of collection, the location of his personal data, the purpose of their processing, the location or residence (stay) of the owner or manager of personal data or to give a corresponding order to obtain this information to persons authorized by him, except in cases established by law; to receive information about the conditions of access to personal data, in particular, information about third parties to whom to transfer the personal data to the User.
4.5 Cookies and similar technologies
Administration uses cookies and other web technologies to collect information and support certain functions of Internet resources, including for:
Usually, the information that the User provides through these web technologies does not allow to identify the User personally. If the User does not want to receive cookies, the User can set his browser to reject these cookies. In addition, the User can delete cookies after leaving the Internet resource. Although the User is not obliged to download cookies when visiting the Internet resources of ONE PRO LINE, if the User has configured the rejection of cookies in his browser, he will not be able to use all the functions of the Internet resources of SPORT-FACTOR.UA.
4.6 Use of Users' personal information
Usually the Administration uses personal information of Users, collected through our Internet resources, for:
4.7. Deleting personal data
4.8. Providing the Administration with general access to personal information of Users:
Sellers. Administration provides joint access to personal information to Sellers who sell goods and services using the online store SPORT-FACTOR.UA.
Within SPORT-FACTOR.UA Administration provides joint access to personal information that is collected through the Internet resources SPORT-FACTOR.UA employees of the Owner for marketing and other purposes. If the User is against providing joint access to his/her personal information to other SPORT-FACTOR.UA departments, the User has the right to refuse at any time by sending a written notice to the e-mail address sales@sport-factor.ua.
Aggregate information. Administration has the right to provide joint access to demographic or survey information to third parties, but such information will be in anonymous form and does not contain any personal data and information. Aggregate information shared by the Administration may include anonymous information that is collected through the use of cookies and other similar tracking technologies as described in the "Cookies and Similar Technologies" section.
Administration reserves the right to disclose personal information of Users in accordance with this Privacy Policy, to which the User has agreed.
User at any time can exclude himself from direct marketing mailings SPORT-FACTOR.UA by sending an e-mail or written notice to the e-mail address sales@sport-factor.ua (indicating the User's full name, address and e-mail address - for the purpose of identification in the mailing lists). After receiving the necessary information, the Administration will remove the User from the mailing lists. The Administration asks for sufficient time to fulfill the User's request.
The personal data provided by the User, within the framework of the above purpose of processing personal data, may be transferred to other persons who have contractual relations with the Administration and carry out advertising, marketing activities, etc.
This consent is valid for the period necessary for the realization of the purpose of processing of personal data provided by it, and can be withdrawn by sending a notice to the Administration to the e-mail address sales@sport-factor.ua. Revocation of this consent will entail termination of processing of personal data of the User.
The User has been notified of the owner and controller of his personal data, the composition and content, the purpose of processing my personal data and the persons to whom his personal data are transferred. The dissemination, transfer and provision of access to personal data to others under this agreement, will not require separate consent for such actions or the provision of a separate notice to the User.
Any appeals regarding the processing of the User's personal data should be directed to the Administration.
The User is notified that he/she has the rights of the subject of personal data, provided by Article 8 of the Law of Ukraine "On Protection of Personal Data".
4.9 Regulatory compliance, protection of the rights of the Administration and the rights of other persons.
4.10 Public offer
Administration has the right to disclose personal information when it considers that disclosure is in accordance with the law, court order or this Agreement. Administration also has the right to disclose personal information to prevent or investigate possible crimes, including fraud or identity theft, to enforce or apply the terms of use of online resources or other agreements, as well as to protect its own rights or property or property rights or security of its Users or other persons.
Using the online resources of the company, as well as filling out forms of feedback User gives the Administration explicit consent to the processing of his personal data, namely: name, surname, first name, patronymic, e-mail address, telephone number, in order to carry out the Administration marketing activities and activities to promote goods and services sold through the online store SPORT-FACTOR.UA, market research and consumer demand, under the following conditions:
5. OTHER TERMS
5.1 All possible disputes arising from this Agreement or related to it shall be resolved in accordance with the current legislation of Ukraine.
5.2 Nothing in the Agreement can be understood as establishment between the User and the Website Administration of agency relations, relations of partnership, relations of joint activity, relations of personal employment, or any other relations not expressly provided by the Agreement.
5.3 Recognition by the court of any provision of the Agreement invalid or unenforceable does not entail invalidity of other provisions of the Agreement.
5.4 Inaction on the part of the Website Administration in case of violation of the provisions of the Agreement by any of the Users does not deprive the Website Administration of the right to take appropriate actions later in defense of its interests and protection of copyright for the Website materials, which are protected in accordance with the legislation. The User confirms that he/she is familiarized with all clauses of this Agreement and unconditionally accepts them.
5.5 In accordance with the law "On Restriction of the circulation of plastic bags on the territory of Ukraine" on the prohibition of free distribution of plastic bags (except biodegradable) in retail trade and public catering, the order with the delivery method "Courier delivery" and "Self-collection" is automatically added plastic paid bag.
