Terms and conditions

TERMS AND DEFINITIONS
1. WEBSITE USER - a person who visited the website shpachuk.com (hereinafter - the website) without the purpose of placing an Order.
2. USER - a natural person, a visitor to the site, who accepts the terms of the agreement intended for the user, and wishes to place an order on the site.
3. BUYER - User who placed an Order on the website for the purpose of purchasing goods for personal use.
4. SELLER - PE SHPACHUK TETIANA VITALIIVNA (individual tax number 3444709060).
5. INTERNET STORE - an Internet site located on the Internet at the address shpachuk.com, which presents the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of the Goods to Buyers.
6. GOODS – musical instruments, their accessories, tools for repairing musical instruments, clothing and other goods presented for sale on the seller's website.
7. ORDER - a properly executed request of the Buyer for the purchase and delivery to the address indicated by the Buyer of the Goods selected on the website.
GENERAL CONDITIONS
1. The seller sells goods through the online store.
2. By ordering Goods through the online store, the User agrees to the terms of sale of Goods set out below (hereinafter - Terms of sale of goods). In case of disagreement, the User must immediately stop using the service and leave the site.
3. These Terms of sale of goods, as well as information about the goods presented on the website, are a public offer in accordance with Art. 633 of the Civil Code of Ukraine.
4. These conditions may be changed by the Seller unilaterally without notice to the User / Buyer. The new version of the Terms comes into force from the moment of its publication on the website, unless otherwise provided.
5. The Agreement is a transaction between the Seller and the Buyer, which enters into force from the moment the Seller sends the Buyer an electronic confirmation of acceptance of the Order when the Buyer completes the Order, as well as from the moment the Buyer accepts the Order at the Seller's phone number posted on the Site. The contract for the retail sale of the Goods is considered concluded from the moment the Seller issues a document confirming payment for the goods to the Buyer. By notifying the seller of his e-mail and phone number, the Site Visitor / User / Buyer consents to the use of the specified means of communication by the Seller, as well as by third parties engaged by him for the purposes of fulfilling obligations to Site Visitors / Users / Buyers, with for the purpose of sending promotional and informational mailings containing information about discounts, future and current promotions and other measures of the Seller, about the transfer of the order for delivery, as well as other information directly related to the performance of duties by the Buyer within the framework of the Public Offer.
SUBJECT OF THE AGREEMENT
1. The subject of the Agreement is to enable the User to purchase the Goods presented in the online store catalog for personal, family, home and other needs not related to business activities.
2. This Agreement applies to all types of Goods presented on the Site, as long as such offers with a description are present in the online store catalog.
PRINCIPLES OF USING THE SITE
1. The Seller is not responsible for the accuracy and correctness of the information provided by the User to the Seller through the Site or other means of communication.
2. Communication of the User / Buyer with managers and/or other representatives of the Seller should be based on the principles of generally accepted morality and communication etiquette. The use of obscene words, insults, offensive expressions, as well as threats and blackmail, regardless of the form and to whom they were addressed, is prohibited.
PRODUCT AND PURCHASE PROCEDURE
1. The seller ensures the availability of the Goods presented on the website in his warehouse. The photos accompanying the Product are simple illustrations of it and may differ from the actual appearance of the Product. The accompanying Product description/characteristics do not claim to be comprehensive and may contain typographical errors. To clarify the information on the Product, the Buyer should contact the customer support service. The information presented on the Site is updated once a day.
2. In the event that the Goods ordered by the Buyer are not in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order by notifying the Buyer of this by sending an appropriate electronic message to the address specified by the Buyer (or by calling or sending a message to the specified number).
3. The Buyer bears full responsibility for providing false information, which resulted in the impossibility of the Seller properly fulfilling its obligations to the Buyer.
4. After completing the Order on the website, the Buyer is provided with information about the estimated delivery date by sending an electronic message to the address specified by the Buyer or to the phone number. The manager servicing this Order specifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in the Seller's warehouse and the time required for processing and delivery of the Order.
5. The expected date of delivery of the Order to the delivery service is notified to the Buyer by the manager servicing the Order by e-mail or during a follow-up call to the Buyer. The date of delivery of the Goods may be changed by the Seller unilaterally in case of objective reasons, in the opinion of the Seller.
ORDER DELIVERY
1. The goods are delivered by the postal operator in the form of a postal shipment with a full subscription. The methods, as well as the approximate terms of delivery of the Goods, are indicated on the Site in the "Methods of delivery" section. Specific delivery terms can be agreed by the Buyer with the Manager when confirming the order.
2. Territory of Goods delivery: the territory of Ukraine, except for temporarily occupied territories and areas of hostilities and territories in which delivery services (postal operators) do not work for reasons beyond the control of the Seller. Sending outside Ukraine is carried out according to the rules and tariffs of the relevant postal services. The choice of the postal service for the international shipment of the Goods is carried out with the consent of the Parties at the stage of placing the Order.
3. Delivery delays are possible due to unforeseen circumstances that are not the fault of the Seller.
4. Upon delivery, the Order is handed over to the Buyer or a third party specified in the order as the recipient (hereinafter, the Buyer and the third party are referred to as the "Recipient"). If the above-mentioned persons cannot receive the Order, the Order can be handed over to a person who can provide information about the order (the shipment number and/or the name of the recipient), as well as pay the cost of the order in full to the person who delivers the order.
5. The risk of accidental destruction or accidental damage to the Goods passes to the Buyer from the moment the Order is handed over to him and the Recipient of the Order signs the documents confirming the delivery of the Order.
6. The seller is obliged to carefully check the integrity and completeness of the goods upon receipt.
7. The cost of delivery of each Order is calculated individually, based on the weight of the Product, the region and the method of delivery, and is indicated by the postal operator when transferring the order to the Buyer.
8. The Seller's obligation to deliver the goods to the Buyer is considered fulfilled at the moment the Buyer receives the shipment, as this moment is determined in accordance with the current rules of postal communication. The procedure for delivery and opening of Shipments containing goods is determined by the current rules for the provision of services by the communication operator chosen by the Parties to send the Order.
9. When accepting the Order from the postal operator, the Recipient is obliged to inspect the delivered Product and check it for compliance with the declared quality, assortment and completeness of the Product, as well as to check the service life of the delivered Product and the integrity of the packaging. In the absence of claims to the delivered Goods, the Recipient signs the "Order Delivery Form" and pays for the delivery of the Order. The signature in the delivery documents indicates that no claims have been made to the Goods by the recipient and that the Seller has fully and properly fulfilled his obligation to transfer the Goods.
10. You can specify the date, time and, if necessary, the delivery route from the manager who contacts the Buyer to confirm the Order.
11. The User understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the performance of which ends when the Recipient receives the Goods and makes payment for them. Claims regarding the quality of the purchased Product that arose after receiving and paying for the Product are considered in accordance with the Law of Ukraine "On the Protection of Consumer Rights" and the Seller's warranty obligations. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand the delivery of the purchased Goods for the purpose of warranty service or replacement; does not provide an opportunity to carry out warranty service or replacement of the Goods after leaving for the Buyer, and does not imply the possibility of returning the cost of delivery of the goods in cases where the Buyer has the right to a refund for the Goods as such, in accordance with the Law of Ukraine "On the Protection of Consumer Rights".
PAYMENT
1. The price of the product is indicated in hryvnias and includes all taxes. In the event that the price of the Goods is indicated on the website in foreign currency, the recalculation of the value of the Goods in the hryvnia equivalent is carried out by the seller at the Privatbank selling rate of the relevant currency indicated at the link https://finance.ua/ua/banks/privatbank/currency
2. The price of the Product is indicated on the website. As for the incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered cancelled.
3. The price of the Product on the website can be changed unilaterally by the Seller. At the same time, the price of the Goods ordered by the Buyer cannot be changed.
4. Payment for the Goods is made by the Buyer by cashless payment at the time of ordering in the amount corresponding to the amount of the Order specified on the website. The Seller reserves the right to apply a discount to the ordered Goods, which he informs the Buyer about before payment. The available methods (tools) of non-cash payment at the time of placing the Order are specified by the Seller on the Site.
5. The seller has the right to provide discounts on the Goods and establish a bonus program. The types of discounts, bonuses, the order and terms of accrual can be specified on the website and can be changed unilaterally by the Seller.
RETURNS AND REFUNDS
1. The return of the Goods is carried out in accordance with the terms of this Offer and the terms of return indicated on the Site. The Buyer has the right to refuse the received Goods and terminate the Sales Agreement within 14 calendar days from the day of receipt of the Goods, excluding the day of purchase, except for Goods that are not subject to exchange and return in accordance with the provisions of this Offer. The returned product must be accompanied by all seals, tags, and labels (which were present at the time of sale) and must be sent by the Buyer by mail to the Seller's address, with the following documents attached: a self-filled return application, a copy of the passport and a copy of the identification number of the buyer, a receipt for payment of the Goods. The current address of the Seller for the return of the Goods shall be specified by the Parties by available means of communication before the return is processed.
2. The return of the Goods of proper quality is possible if the Goods have not been used, their appearance, consumer properties, seals, labels, labels have been preserved, as well as the settlement document issued to the Buyer together with the sold Goods has been preserved.
3. If the Buyer rejects the Goods of the appropriate quality, the Seller shall return to him the value of the returned Goods within 30 days from the date of receipt of the returned Goods at the Seller's warehouse together with the return application filled out by the Buyer. Refunds for the value of the Goods are made exclusively to the person specified in the order for the Goods, provided that such person provides a copy of his/her national passport, identification code and a receipt for payment of the Goods for which the funds are refunded. If the Buyer specified incorrect data in the order, or did not provide all the documents listed above for the refund, the Seller reserves the right to refuse the refund to such a Buyer.
4. If, at the time of the Buyer's request, a similar product is not available for sale at the Seller, the Buyer has the right to refuse to perform this agreement and demand the return of the amount paid for the specified Product. The seller is obliged to return the amount of money paid for the returned Goods of proper quality within 30 days from the day of the return of the Goods.
5. Goods defined by the current legislation of Ukraine as non-returnable are not returned.
6. Return of goods of inappropriate quality:
  1. A Product of inadequate quality means a Product that is defective and cannot ensure the performance of its functional qualities. The received Product must correspond to the description on the website. The difference of design elements or design from those stated in the description on the Site is not a sign of poor quality or dysfunction of the Product.
  2. The appearance and completeness of the Product, as well as the completeness of the entire Order must be checked by the Recipient at the time of delivery of the Product.
  3. After receiving the Order, claims regarding external defects of the Product, its quantity, completeness and product appearance are not accepted.
  4. If the Buyer was given Goods of inadequate quality and other things were not agreed in advance by the Seller, the Buyer has the right to use the provisions of Art. 8 "Consumer's rights in case of purchase of goods of inadequate quality" of the Law of Ukraine "On Protection of Consumer Rights".
  5. Claims for the return of the amount of money paid for the Goods are subject to satisfaction within 30 days from the day of presentation of the corresponding claim (Clause 4 of Article 12 of the Law of Ukraine "On the Protection of Consumer Rights").
  6. Refunds are made by refunding the value of the goods paid by card or by other methods of transfer agreed upon by the Parties.
  7. The warranty period for the Goods is 14 days from the moment of receipt by the Buyer. The seller ensures proper application and use of the Goods during the warranty period. The Seller is not responsible for the defects of the Goods, if they arose after its transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties, or force majeure.
RESPONSIBILITY
1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased in the online store.
2. The seller is not responsible for the content and functioning of external sites.
PROTECTION OF PERSONAL DATA
1. Personal data of the User / Buyer are processed in accordance with the Law of Ukraine "On the Protection of Personal Data". Personal data of Buyers are stored in the Seller's database at the Seller's location. Personal data is collected solely for the purpose of complying with the requirements in the field of regulation of tax relations, relations in the field of accounting and relations in the field of advertising. The term of storage and processing of personal data is 5 years.
2. When placing an Order, the User provides the following information: Surname, First Name, e-mail address and/or contact number.
3. By providing his personal data when placing an Order, the User agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller.
4. The Seller uses the User's / Buyer's personal data: to place an Order on the Site; to fulfill its obligations to the User / Buyer; to evaluate and analyze the performance of the Site; to determine the winner in promotions held by the Seller.
5. The Seller has the right to send information, including advertising messages, to the e-mail and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
6. The seller has the right to use "Cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
7. The seller receives information about the IP address of the site visitor. This information is not used to identify the visitor.
8. The Seller is not responsible for the information provided by the User / Buyer on the Site in a publicly available form.
9. The Seller has the right to record telephone conversations with the User / Buyer. At the same time, the Seller undertakes to: prevent attempts to gain unauthorized access to information received during telephone conversations and/or transfer it to third parties who are not directly related to the fulfillment of Orders, in accordance with the Law of Ukraine "On Information".
ADDITIONAL CONDITIONS
1. The Seller has the right to delegate or otherwise transfer his rights and obligations arising from his relationship with the Buyer to third parties.
2. The online store and the services provided may be temporarily partially or completely unavailable due to preventive or other works or for any other technical reasons. The Seller's technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to the Buyers.
3. The provisions of the legislation of Ukraine apply to the relationship between the User / Buyer and the Seller.
4. In case of questions and complaints from the User / Buyer, he should contact the Seller by phone or in another available way. The Parties will try to resolve all disputes that arise through negotiations, in case of failure to reach an agreement, the dispute will be referred to a judicial authority in accordance with the current legislation of Ukraine at the location of the Seller.
5. The invalidity of any provision of this Agreement by a court shall not entail the invalidity of other provisions.
PRIVACY POLICY
1. The privacy policy applies to the entire Site.
2. Personal data of the User / Buyer are processed in accordance with the Law of Ukraine "On the Protection of Personal Data". Personal data of Buyers are stored in the Seller's database at the Seller's location. Personal data is collected solely for the purpose of complying with the requirements in the field of regulation of tax relations, relations in the field of accounting and relations in the field of advertising. The term of storage and processing of personal data is 5 years.
3. When placing an Order on the Site, the User provides the following information: Surname, First Name, e-mail address and/or contact phone number.
4. By providing his personal data when placing an Order, the User agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller.
5. The Seller uses the User's / Buyer's personal data: - to process the User's Order on the website; - to fulfill its obligations to the User/Buyer; - to evaluate and analyze the site's performance; to determine the winner in promotions held by the Seller.
6. The Seller has the right to send informational messages, including advertising messages, to the e-mail and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal. Service messages informing the User / Buyer about the order at the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
7. The seller has the right to use "Cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
8. The seller receives information about the IP address of the Site visitor. This information is not used to identify the visitor.
9. The Seller is not responsible for the information provided by the User / Buyer on the Site in a publicly available form.
10. The Seller has the right to record telephone conversations with the User / Buyer. At the same time, the Seller undertakes to: prevent attempts to gain unauthorized access to information received during telephone conversations and/or transfer it to third parties who are not directly related to the fulfillment of Orders, in accordance with the Law of Ukraine "On Information".
11. In order to protect confidential information of the Parties, when exchanging messages through the Site, a standard encryption level using TLS technology is used.

Terms And Conditions