The text below is an agreement between the online store, whose website is located on the Internet at sportcity.ua, hereinafter referred to as the "Online Store", and the user of the Online Store's services, hereinafter referred to as the "Buyer", and defines the terms of purchasing goods through the online store's website.
1. General Provisions
1.1. This agreement is a public offer agreement (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine), and its terms are the same for all buyers regardless of status (individual, legal entity, sole proprietor).
1.2. By accepting the terms of this agreement, that is, the public offer of the Online Store, the user becomes a Buyer.
2. Terms and Definitions
2.2. Product — a list of products published on the Online Store's website.
2.3. Buyer – an individual who has reached the age of eighteen, who receives information from the Online Store, places orders and purchases Products presented on the Online Store's website for purposes not related to business activities, or a legal entity/sole proprietor.
2.5. Order - an application placed by the Buyer, addressed to the Online Store, for the purchase and delivery of Products on their behalf and by their instruction.
2.6. Website – a set of pages accessible via a web browser, and software modules united by a single management system, located on the Internet at sportcity.ua and containing all the characteristics of a public offer for the sale of Products.
2.7. Personal Account – a space on the Website, accessible to the Buyer, which displays their personal information and the history of their placed Orders.
3. Subject of the Agreement
3.1. This agreement defines the procedure for interaction and the terms under which the Online Store provides services to the Buyer, based on their intentions, wishes and ability to use the services of selling Products on behalf of and at the expense of the Buyer, their delivery, as well as on the Online Store's intention to provide the Buyer with information about the Product of interest to the Buyer and to sell the required Products.
3.2. The Online Store provides the Buyer with services for selling and delivering Products.
3.3. The Buyer accepts the terms of this agreement at the moment of placing an Order by clicking the "Place Order" button, which expresses the Buyer's confirmation of having read the text of this agreement and agreement with its terms. Subsequent objections from the Buyer regarding the manner in which they gave their consent relieve the Online Store of any liability for failure to fulfill the terms of this agreement and leave the Online Store the right to cancel the Order unilaterally.
4. Rules for Using the Website
4.1. The Buyer may browse the content of the Website, place orders, and use its other services.
4.2. Registration is required for the Buyer to access personalized information and to be provided with additional features for using the Website.
4.3.1. The Buyer may register on the website in the following way: complete the registration process. During registration, the Buyer enters the following data:
· First name, last name
· Password
· Email address
4.4. The Buyer undertakes to provide accurate, correct and complete information about themselves. The Online Store is not responsible for the accuracy and correctness of the information left by the Buyer during registration and when placing an Order.
4.5. After registering on the Website, the Buyer is granted access to the Personal Account.
4.6. The Buyer undertakes not to disclose to third parties the access parameters specified during registration. If the Buyer suspects unauthorized use of such parameters by third parties, the Buyer undertakes to immediately notify the Online Store by calling the contact center at the phone number listed on the website sportcity.ua.
4.7. The Buyer is responsible for any actions taken on the Website under their account and on their behalf.
4.8. The Online Store has the right to refuse the Buyer the use of the Online Store's services if it has grounds to believe that the Buyer provided false information, as well as in case of bad faith conduct (for example, violation of the terms of this agreement, or other).
4.9. It is prohibited to use the Website for illegal and prohibited activities. Buyers of the Online Store agree to comply with the laws of Ukraine and the norms of conduct accepted on the Internet, including, but not limited to, posting materials of an extremist, pornographic or other nature on the site that affect and/or restrict the honor, dignity and/or business reputation of third parties and violate generally accepted moral standards, as well as posting advertising information without the permission of the Online Store.
5. Order Placement Procedure
5.1. The Buyer places an Order on the Website independently, by adding the selected Products to the virtual cart "My Orders" and clicking the "Place Order" button.
5.2. All Buyers may place Orders for Products, regardless of registration. Orders are processed and delivered throughout Ukraine after payment.
5.3. Payment is made: online by bank payment card, cash payment in stores or by card, as well as cash on delivery in case the Product is delivered by postal service. Payment is made in the national currency of Ukraine – hryvnia.
6. Payment Procedure
6.1. Payment for the Product is made directly in stores, by cash or bank card, online payment or cash on delivery.
7. Return Conditions
7.1. The Online Store delivers the Order to the place and time specified by the Buyer so that the latter can receive the paid Product.
7.2. If you wish to return the purchased product, you need to contact the administration of the Online Store via sportcity.ua, specifying the reason for the return, order number and contact details.
7.3. Product returns are accepted within 14 calendar days from the date of purchase under the following conditions:
1) preservation of the integrity of the product and packaging
2) the product has not been used and shows no signs of use.
7.4. The return of the product is made at the Buyer's expense.
8. Order Delivery Procedure
8.1. Delivery is carried out from 10:00 AM to 9:00 PM Monday through Friday and from 10:00 AM to 6:00 PM on Saturdays. Days off - Sunday and official holidays. Orders placed during the day are delivered the next day. Reference information about Product delivery can be found in the "Payment and Order Delivery" section, located at sportcity.ua/ua/info/delivery/
8.2. Delivery conditions:
8.2.1. Delivery within Ukraine is free of charge for a minimum order amount of 1,300.00 UAH.
8.2.2. For orders from 1 UAH to 1,299.00 UAH, the delivery cost is 50.00 UAH.
8.3. For delivery outside Ukraine, the Buyer should check with the Online Store's administration.
8.4. Upon delivery of the Order, the Buyer receives the following documents from the Online Store's representative:
a cash receipt confirming the Buyer's payment for the cost of the Product and/or the Online Store's services.
8.5. Reference information about Product delivery can be found in the "Payment and Order Delivery" section, located at sportcity.ua/ua/info/delivery/.
9. Product Quality and Warranty Obligations
9.1. The quality of the Product complies with standards, technical conditions, other technical documentation establishing quality requirements, or samples (standards). Compliance of the Product with the requirements of Ukrainian legislation is confirmed in the manner and order provided for by current Ukrainian legislation.
9.2. The Seller guarantees that it transfers to the Buyer the ordered Product of proper quality, suitable for use for the purpose for which such Product is normally used. 9.4. The Seller ensures the Buyer's proper use of the purchased Product during the warranty period established by regulatory legal acts of Ukraine. 9.5. The warranty period begins from the date of delivery (transfer) of the ordered Product to the Buyer.
9.6. If the Buyer discovers Product defects during the warranty period, the Buyer has the right to: 9.6.1. a proportional reduction in the Product price; 9.6.2. free elimination of Product defects within a reasonable time; 9.6.3. reimbursement of costs for eliminating Product defects. 9.7. If the Buyer discovers significant Product defects during the warranty period, the Buyer has the right to: 9.7.1. terminate the Public Agreement and return the amount paid for the Product; 9.7.2. demand replacement of the Product with the same or similar one, from among those available to the Seller. 9.8. The warranty period is extended by the period during which the Seller performs free elimination of Product defects. This period is calculated from the day the Buyer transferred the Product to the Seller for defect elimination.
10. Confidentiality and Protection of Personal Data
10.1. When registering on the Website, the Buyer provides personal data specified in clause 4.3.1 of this agreement.
10.2. In addition to the data specified in clause 4.3.1 of this agreement, the Online Store receives the following data from the Buyer:
· delivery addresses
· information about the Buyer's tastes, interests, preferences
· and other information.
10.3. By providing their personal data on the Website during registration or when placing an Order, the Buyer gives their voluntary consent to the processing and use (including transfer) of their personal data without limitation of the validity period of such consent, in accordance with the Law of Ukraine "On Personal Data Protection" dated June 1, 2010.
10.4. The Online Store uses the received personal data for the purposes of selling Products and providing services defined by this agreement, for promoting the services provided by the Online Store, including through automated processing of personal data.
10.5. The Online Store undertakes not to disclose information received from the Buyer. It is not considered a violation if the Online Store provides information to agents and third parties acting under an agreement with the Online Store, including for the fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by law.
10.6. The Buyer is responsible for keeping their personal data up to date. The Online Store is not responsible for improper fulfillment or non-fulfillment of its obligations due to outdated or inaccurate information about the Buyer.
11. Informational Messages
11.1. By registering on the Website or placing an Order without registration, the Buyer gives the Online Store consent to receive informational messages from the Online Store and its partners acting under an agreement with the Online Store, via short message service (SMS) and email.
11.2. The Buyer has the right to opt out of such mailings at any time by submitting a request to the support service.
12. Rules for Using Materials Posted on the Website
12.1. The Website contains materials, trademarks, trade names and other legally protected materials, including, but not limited to, texts, photographs, graphic images and others.
12.2. All content of the Website is protected by the legislation of Ukraine.
12.3. The Buyer does not have the right to use materials posted on the Website, such as: making changes, publishing, transferring to third parties, participating in sale or assignment, creating derivative products, etc.
13. Other Conditions
13.1. This agreement is concluded on the territory of Ukraine and is governed by the civil law of Ukraine.
13.2. The invalidity of any clause or part of this agreement does not lead to the invalidity of the agreement as a whole.
13.3. All disputes arising between the Buyer and the Online Store are resolved through negotiations. If the disputed issue cannot be resolved, the Buyer or the Online Store may apply to the judicial authorities for dispute resolution in accordance with current legislation.
13.4. The Online Store has the right to make changes to the text of this agreement at its own discretion at any time and without prior notice to Buyers. The current (effective) version of the agreement is always available at sportcity.ua.