Public Contract Offer
1. Concepts and terms
Administration – administration of the online store https://pergolasvip.es
An order is a duly executed request of the Buyer for the purchase and delivery to the address specified by the Buyer of the Goods selected on the Website.
The Operator is an employee of the Seller who provides consulting services to Visitors/Users/To the Buyers of the Site.
Loyalty Program – PergolasVIP family loyalty program of PergolasVIP Company
Site Visitor – a person who visited an online store https://pergolasvip.es without the purpose of purchasing products.
User – an individual, a Site visitor who accepts the terms of use of the site and wants to place Orders on the site.
Buyer – a natural or legal person, a visitor to an online store https://pergolasvip.es , accepting the terms of the user agreement and wishing to make a purchase in the online store https://pergolasvip.es in order to purchase goods for personal or commercial needs
The seller is a legal entity or an individual entrepreneur who places information on the Website about the goods/services sold by him. The seller can be either the site Administration or any other person to whom the Administration has granted permission to post information about the goods / services of such a person. The name of the Seller is indicated in the documents for the transfer of the Goods to the Recipient (the act of acceptance and transfer or other documents confirming the fact of the transfer of the Goods to the Recipient).
Payer – the person paying for orders.
Recipient – the person indicated by the Payer as the person authorized to receive the Goods according to the Order. Unless otherwise specified in the Order form, the Recipient is the Payer.
Offer – information posted on the Website about a specific Product that can be purchased by the consumer. The offer includes: information about the product itself, information about its price, payment and delivery methods, as well as other conditions for the purchase of Goods by the consumer. 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.
Online store https://pergolasvip.es , Online store – an Internet site located on the Internet at https://pergolasvip.es , where the Goods and services offered by the Seller for purchase are presented, as well as the terms of payment, delivery and return of Goods by the Buyer.
Website – online mgazin https://pergolasvip.es and all domain web pages https://pergolasvip.esSeller's Warehouse – Seller's warehouse located at: C/ María Humildad Jiménez García, 4, 03183 Torrevieja, Alicante
Seller's Production: C/ María Humildad Jiménez García, 4, 03183 Torrevieja, Alicante
Seller's showroom in Torrevieja: C/ María Humildad Jiménez García, 48, 03183 Torrevieja, Alicante
Seller's showroom in Fenistrat (Benidorm): Avda. del, Avinguda País Valencià, 9 Local 13, Bloque B, 03509 Finestrat, Alicante
Disclosure – this user agreement, which is an offer agreement that comes into force from the moment the order is placed on the site
Goods – goods, products, services, works, property rights, other tangible and intangible objects, information about which is posted on the Website
2. General provisions
2.1. The subject of the Agreement is to provide the User with the opportunity to purchase for personal, family, household and other needs not related to business activities, Goods presented in the catalog of the Online store.
2.2. The Seller sells Goods through the Online store at https://pergolasvip.es2.3. Visiting the site for informational purposes does not oblige the Site Visitor to register on the site, place an Order and purchase Goods in the Online store.
2.4. In order to place an Order and purchase Goods, the Website Visitor must register on the Website of the online store according to the registration requirements or fill in the required fields for placing an Order without registration.
2.5. By registering on the Website or placing an Order without registration, the User agrees that all the terms of this Agreement are clear to him and he accepts it completely and unconditionally.
2.6.the terms of sale of Goods set forth in this agreement. In case of disagreement, the User does not have the opportunity to place an Order and purchase Goods in the Online store https://pergolasvip.es2.7. The terms of sale of goods, as well as information about the Goods specified in this agreement and presented on the Website, are publicly addressed to an indefinite circle of persons regardless of status (individual, legal entity, individual entrepreneur) who wish to purchase goods in the Online store.
2.8. The terms of sale of the goods may be changed by the Seller unilaterally without notifying the User/The buyer. The new version of the Terms comes into force from the moment it is published on the Website, unless otherwise provided.
2.8.1. Informing the Seller of their data (by filling in the required fields during registration (mobile phone number, e-mail, first and last name, city, date of birth, gender) or mandatory fields when ordering Goods without registration (mobile phone number, e-mail, first and last name, city, delivery address (branch number carrier company or courier delivery – city, street, house and apartment numbers) Visitor/User/The Buyer of the Site agrees to the use of the specified data by the Seller, as well as by third parties attracted by him for the purpose of fulfilling obligations to Visitors/By users/By the Buyers of the Site, in order to carry out promotional and informational mailings containing information about discounts, upcoming and current promotions and other events of the Seller, about the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations by the Buyer under this Public Offer. When Making An Order, The User/The Buyer agrees that the Seller may entrust the execution of the Contract to a third party, while remaining responsible for its execution.
2.9. All rights and obligations under this agreement arise from the Seller and the Buyer from the moment of conclusion of the contract of sale of Goods. The moment of conclusion of the contract of sale of Goods is the receipt by the Buyer of an electronic confirmation of acceptance of the Order for execution and/or from the moment the Operator of the Online store receives confirmation of the completed Order by the Buyer over the phone.
2.10. The Seller's obligations under the terms of this agreement are considered fulfilled from the moment the Goods are handed over to the carrier, and the Buyer – from the moment the payment of the cost of the Goods is made and it is received from the carrier / at the office of the company Yubuty
2.11. The User is provided with information support on issues related to the use of the site, ordering, purchase, payment, receipt and return of goods, as well as on other issues related to the Goods presented on the Site.
3. Registration on the website
3.1. Registration on the Website is carried out in the section (tab / link) "Registration".
3.2. Registration on the Website is not mandatory for placing an Order.
3.3. When registering on the Site, the User/The Buyer undertakes to provide reliable and accurate information about himself and his contact details in order for the Seller to fulfill its obligations to the User/By the Buyer and delivery of the paid Goods to him.
3.4. The Seller is not responsible for the accuracy and correctness of the information provided by the User/By the buyer at registration.
3.5. The User undertakes not to disclose to third parties the login and password specified by the User during registration.
3.6. The User is fully responsible for the safety and security of the login and password specified by him when registering on the Site.
3.7. The Buyer is solely responsible for all actions performed on his behalf, that is, using his login and password.
4. Making an order
4.1. The Seller ensures that the Goods presented on the Website are available in his warehouse. The photos accompanying the Product are simple illustrations to it and may differ from the actual appearance of the Product. The descriptions/characteristics accompanying the Product do not claim to be exhaustive and may contain typos. To clarify the information on the Product, the Buyer, at his discretion, can contact the Customer Service Center.
4.2. Visitor/The buyer can place an order independently by clicking the "buy" and "place an order" buttons.
4.3. After placing an order, a notification of acceptance of the order for processing is sent to the Buyer to the contacts specified by him when placing the order. As the Order is processed, the Buyer receives an email message about the order status (In processing/Sent/Delivered).
4.4. If the Goods ordered by the Buyer are not available in the Seller's warehouse, the latter has the right to:
1. exclude the specified Product from the Order. At the same time, the Seller sends registration, with the corrected Order and an offer to confirm it, or an employee of the Customer Service Center contacts the buyer by phone and clarifies the relevance of the corrected Order;
2. cancel the Buyer's Order by notifying the Buyer by sending an appropriate e-mail to the address specified by the Buyer during registration (or by calling the Customer Service Center operator).
3. Agree on the delivery time of the goods, if the date of its receipt is already known.
4.5. By joining this Agreement and placing an order, the User/The Buyer confirms that he is familiar with the sections of the Site: Delivery, Payment, Refund, Warranty; agrees with them and understands them fully.
4.6. The visitor (Buyer) agrees that the price of the goods deposited in the "basket", its assortment and quantity will be relevant only at the time of the formation of the "basket" and may change if the purchase has not been finalized by clicking the "place order" button.
4.7. After placing an Order on the Website and confirming it, the Buyer is provided with information about the expected delivery date by sending an email message to the address specified by the Buyer during registration / ordering, or by phone.
5. Payment
5.1. The price of the goods is indicated in UAH.
5.2. The order amount consists of the cost of the ordered goods.
5.2.1. The Buyer pays the cost of delivery as a separate additional service provided by the Seller to him. The cost of such a service is fixed and is included in the order amount.
5.2.2. The delivery service is considered to be provided at the time of receipt of the Goods by the Buyer.
5.2.3. The Buyer 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 it. Claims to the quality of the purchased Goods that arose after receiving and paying for the Goods are considered in accordance with the Law of Ukraine "On Consumer Rights Protection" and the Seller's warranty obligations. In this regard, the purchase of Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for warranty service or replacement, does not allow warranty service or replacement of the Goods by visiting the Buyer and does not imply the possibility of a refund of the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods as such, in in accordance with the Law of Ukraine "On Consumer Rights Protection".
5.3. The price of the Goods is indicated on the Website. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled.
5.3.1. The price of the Goods on the Website may differ from the price in retail stores.
5.4. The cost of the delivery service is indicated on the website when placing an Order. The Seller sets the cost of delivery of the Order to the Buyer individually, based on the delivery region, the cost of the ordered goods, their dimensions and other parameters that may affect the cost of delivery, as well as based on statistics of actions performed by the Buyer in the relationship with the Seller (previously completed orders, the percentage of cancellations, refusals and refunds, etc.).
5.5. The price of the Goods on the Website can be changed by the Seller unilaterally. At the same time, the price of the Goods ordered by the Buyer is not subject to change.
5.6. Payment for the Order is made by the Buyer:
1. in cash / non-cash funds, upon receipt of the Order in the amount corresponding to the Order amount specified on the Website;
2. by non-cash funds using bank cards when placing an Order in the amount corresponding to the Order amount indicated on the Website.
5.7. If the Buyer makes an advance payment and the subsequent increase in the cost of the order due to its adjustment, the Buyer makes an additional payment for the resulting difference. In case of reduction of the order value, the resulting difference is returned to the Buyer in accordance with section 8 of this Agreement.
5.8. The Seller has the right to provide discounts on Goods, conduct promotions. The types of discounts, promotions, the procedure and conditions for taking part in promotions are determined by the Sellers themselves and are indicated on the Website and can be changed unilaterally by the Seller.
5.9. The Buyer, who is a member of the Loyalty Program, has the right to dispose of bonuses accrued according to the terms of the Loyalty Program at his discretion according to the terms of the Loyalty Program.
6.1. The order is delivered worldwide. More information about the conditions can be found on the Delivery page
6.2. The delivery time of the Order is determined according to the delivery time of the carrier chosen by the Buyer, and the approximate delivery time is communicated to the Buyer by e-mail to the e-mail address after approval and confirmation of the Order by the Buyer.
6.3. When placing an Order, the Buyer has the opportunity to choose the type of delivery: courier (delivery to the address specified by the Buyer) or receipt at the delivery service department (with the choice of such a department from among the specified ones)
6.4. At the request of the Buyer (issued by putting a mark opposite the column "Pickup" when placing an Order), the Order can be received by him independently in one of the stores of the partner network https://pergolasvip.es (with the choice of such a store from among those listed on the Site).
6.5. The Seller makes every effort to comply with the delivery terms, additionally notified to the Buyer by e-mail. In this case, delivery delays are possible due to unforeseen (force majeure) circumstances beyond the Seller's control.
6.6. The Order is considered completed by the Seller at the time of its actual transfer to the Buyer by an employee of the Seller's store with the execution of the relevant documents (express invoice, receipt printout) as well as when transferring the Order to the Carrier
6.7. In order to avoid fraud cases, as well as to fulfill the obligations assumed by the Seller upon delivery of the Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as to indicate the type and number of the document provided by the Recipient on the Order receipt.
6.8. The right of ownership of the Goods and the risks associated with it pass from the Seller to the Buyer at the time of transfer of the goods to the Buyer by the carrier or at the time of transfer of the goods in the Seller's store.
6.9. The transfer of ownership of the goods is confirmed by a document issued by the Seller (bill of lading, fiscal cash receipt, receipt, etc.).
6.10. When accepting an Order from the courier / at the carrier's office, the Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quality, assortment and completeness of the Goods, as well as check the shelf life of the delivered Goods and the integrity of the packaging. If there are no claims to the delivered Goods, the Recipient signs the bill of lading or any similar document that confirms the fact of delivery and receipt of the goods by the Buyer. The signature in the delivery documents indicates that the claims to the Goods have not been declared by the Recipient and the Seller has fully and properly fulfilled his obligation to transfer the Goods.
7. Return of the goods
7.1. The Buyer has the right to refuse the received Goods and terminate the Contract of Sale within 14 calendar days from the date of receipt of the Goods, not counting the day of purchase, with the exception of Goods that are not subject to exchange and / or return in accordance with clause 7.2. of this Agreement.
7.2. The product is not subject to return in such cases:
– the goods are not subject to return according to Appendix No. 3 to the Decree of the Cabinet of Ministers of Ukraine dated March 19, 1994 M 172 (photographic films, photographic plates, photographic paper, corset goods, perfumery and cosmetic products, feather-down products, soft toys, inflatable rubber toys, toothbrushes, mouthpieces, shaving machines, shaving brushes, combs, combs and massage brushes, mute (for wind instruments), violin chin pads, gloves, fabrics, tulle and lace fabrics, carpet products, underwear, bed linen, hosiery, goods in aerosol packaging, goods for newborns (diapers, nipples, bottles for feeding and the like), manicure and pedicure tools (scissors, nail files, etc.), jewelry made of precious metals, precious stones, organogenic gems and semiprecious stones). In case of modification or addition of the said Resolution, this paragraph does not require correction or addition, and the parties are guided by the norms of the current legislation of Ukraine;
– the integrity of the individual packaging is violated;
– there are traces of use on the product;
– 14 days have elapsed since the purchase of the product;
– the integrity of labels is broken;
– the consumer qualities of the product are not preserved;
– the presentation of the product has not been saved;
– the warranty period of the product has ended.
7.3. When forming the Buyer's order for shipment, the Seller puts a return application form in the shipment. At the same time, the application indicates the goods that can be returned as goods of proper quality, or in the absence of such information in the application, the buyer The goods which are not subject to return according to Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 M 172 are not specified in the application.
7.4. The Buyer is obliged to fill in all columns of the return application (return form). Any additions (specifying additionally the goods that are returned and not specified by the Seller in the return application; and in the case of the buyer's self–introduction of the name of the goods - the introduction of goods that are not subject to return) are prohibited in the application, and if they are available, the refund is not accepted.
7.5. When returning the Goods delivered in individual packaging (manufacturer's packaging), the Buyer is obliged to pack such Goods additionally, preserving the type of Goods in individual packaging. The Seller has the right to refuse to accept the returned Goods if it was packed improperly, as a result of which traces and/or damage remained on it (on individual packaging) (including those arising during its transportation (scratches, bruises, marking, additional fixation with adhesive tape of the cargo and/or accompanying documents, etc.) – as a Product whose presentation has not been preserved by the Buyer.
7.6. If a technical passport, warranty card or other document was provided to the Buyer together with the Goods, the Buyer's requirements are considered by the Seller only if the specified documents are provided.
7.7. If the Buyer returns the goods in an improper configuration (mandatory documents are not attached), the Seller will not accept the refund and will be returned to the Buyer. At the same time, when forming the correct completeness of the return, the Buyer can resend the goods to the Seller for return.
7.8. The returned goods with a completed application for the return of the goods, a fiscal receipt (bill of lading) must be sent by the Buyer either by mail to the following address: Kharkiv region, Kharkiv, Chernyshevskaya str. 7, office 2, or from the branch of the courier service "Novaya Pochta", indicating the recipient Ageeva M.N. tel. +380951770200, delivery address: Kharkiv region, Kharkiv, Chernyshevskaya str., 1, department No. 22.
7.9. Return of Goods of proper quality:
7.9.1. The return of Goods of proper quality is possible if the goods have not been used, their presentation, consumer properties, seals, labels have been preserved, and the settlement document issued to the Buyer together with the sold goods has been preserved.
7.9.2. If the Buyer refuses the Goods and the conditions of clause 7.5.1 are met, the Seller returns to him the cost 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. The refund of the cost of the Goods is carried out 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 receipt of payment for the Goods for which the funds are returned. If the Buyer specified incorrect data in the Order or did not provide all the documents listed above for a refund, the Seller reserves the right to refuse such a Buyer a refund.
7.9.3. If, at the time of the Buyer's request, a similar product is not available for sale from the Seller, the Buyer has the right to refuse to fulfill this Agreement and demand a refund of the amount of money paid for the specified Product. The Seller is obliged to return the amount of money paid for the returned goods within 30 days from the date of return of the Goods.
7.10. Return of Goods of inadequate quality:
7.10.1. A product of inadequate quality means a product that is defective and cannot ensure the performance of its functional qualities. The received Product must match the description on the Website. The difference of design elements or design, colors from those stated in the description on the Website is not a sign of improper quality of the Product and / or inability to use it for its intended purpose.
7.10.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order must be checked by the Recipient at the time of delivery of the Goods.
7.10.3. After receiving the Order, claims for external defects of the goods, their quantity, completeness and presentation are not accepted and cannot be the basis for returning the goods.
7.10.4. Claims for the refund of the amount of money paid for the goods are subject to satisfaction within 30 days from the date of submission of the relevant claim (Article 13, paragraph 4 of Article 12 of the Law of Ukraine "On Consumer Rights Protection").
7.11. Sending of goods upon return is carried out at the expense of the Buyer.
7.12. The Buyer is considered informed that in case of non-compliance with the requirements regarding the return of the goods and as a result of this non-acceptance of the goods for return by the Seller, the Seller is not responsible for the safety and return of the goods by the carrier to the Buyer.
At the same time, the Seller guarantees that he will notify the Buyer of the refusal to accept the goods within 2 (two) working days at the address specified by the Buyer registration.
7.13. The refund of funds is carried out by returning the cost of the paid Goods by postal transfer or by transfer to a bank card (the card must be issued on the territory of Ukraine; the currency of the card is hryvnia). The method must be specified in the appropriate field of the return request.
8. Warranty obligations
8.1. The warranty period for the Goods is set by the manufacturer and indicated on the label or on the label.
8.2. 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 of use or storage of the goods, the actions of third parties or force majeure.
9. Responsibility
9.1. The Seller is not responsible for the damage caused to the Buyer as a result of improper use of the Goods purchased in the Online store.
9.2. The Buyer is fully responsible for providing incorrect information, which resulted in the inability of the Seller to properly fulfill its obligations to the Buyer.
9.3. The Seller does not bear any responsibility for the statements and opinions of Visitors/Site buyers left as comments or reviews.
9.4. The Seller is not responsible for damages, losses or expenses (real or possible) arising in connection with this Website, its use or inability to use.
9.5. The Seller is not responsible for the loss by the User/The Buyer is able to access his account – an account on the Site (loss of login, password, other information).
9.6. For the purposes of the above, the Buyer reserves the right to delete the information posted on the Website and take technical and legal measures to terminate access to the Online Store of Users/Customers who create problems in the use of the Online store by other Visitors/Customers, or Visitors/Buyers who violate the requirements of the Agreement.
9.7. The Seller is not responsible for:
– delays or failures in the process of performing an operation caused by force majeure, as well as any case of malfunctions in telecommunications, computer, electrical and other related systems;
– actions of transfer systems, banks, payment systems and for delays related to their operation;
– proper functioning of the Site if the Visitor/The buyer does not have the necessary technical means to use it, and also does not bear any obligations to provide users with such means.
9.8. The Seller is not responsible for the safety of the goods returned by the Buyer and not delivered to the Seller by the carrier.
9.9. The Seller is not responsible for the goods not accepted by the Seller for return from the carrier due to the Buyer's non-compliance with the terms of this Agreement.
10. Confidentiality and information protection
10.1. User's Personal Data/The Buyer's data is processed in accordance with the Law of Ukraine No. 2297-VI "On Personal Data Protection" dated June 01, 2010.
10.2. Buyers' personal data is stored in the Seller's database at https://pergolasvip.es . Personal data is collected solely for the purpose of complying with the requirements applicable in the field of regulation of tax relations, accounting relations and relations in the field of advertising.
10.3. By submitting their personal data when registering on the Site, the User agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller.
10.4. The Seller uses the User's personal data/Buyer:
- to register a User on the Site;
- to fulfill its obligations to the User/By the buyer;
- to evaluate and analyze the work of the Website and marketing companies;
- to determine the winner in the promotions held by the Seller.
- For advertising companies on partner sites;
10.5. The Seller has the right to send informational, including advertising messages, to the User's e-mail and mobile phone/The buyer with his consent. User/The buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the User/The Buyer's information about the order and the stages of its processing are sent automatically and cannot be rejected by the User/The buyer.
10.6. The Seller receives information about the IP address of the Site visitor. This information is not used to identify the visitor.
10.7. The Seller is not responsible for the information provided by the User/By the Buyer on the Site in a publicly accessible form.
10.8.By the user/The buyer. At the same time, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations and/or transfer it to third parties who are not directly related to the execution of Orders, in accordance with the Law of Ukraine of 02.10.1992 No. 2657-XII "On Information".
11. Validity period of the Public Offer
11.1. This Public Offer comes into force from the moment of its acceptance by the Site Visitor/By the Buyer and is valid until the withdrawal of acceptance of the Public Offer.
12. Additional conditions
12.1. The Seller has the right to assign or in any other way transfer its rights and obligations arising from its relationship with the Buyer to third parties.
12.2. The online store and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons. The Seller's Technical Service has the right to periodically carry out the necessary preventive or other work with or without prior notification of Buyers.
12.3. To the relationship between the User/The Buyer and Seller apply the provisions of the legislation of Ukraine.
12.4. In case of questions and claims from the User/The Buyer must contact the Seller by phone or in any other available way. The parties will try to resolve all disputes that arise through negotiations, if an agreement is not reached, the dispute will be referred to the court in accordance with the current legislation of Ukraine.
12.5. The court's recognition of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.
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