TERMS & CONDITIONS
Please read the Terms and Conditions carefully before placing any orders on bazena.com.ua (“BAZENA”, “Site”, “Company”, “we”, “us”) . We recommend you should keep a copy of the Terms and Conditions for future reference.
BAZENA is a brand registered in Ukraine. Our registered address is Geroev Dnepra st., 42 B, Kiev, Ukraine.
We may modify the Terms and Conditions from time to time. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
Subject of the agreement
Ordering products via this website, you agrees with the terms of products sale outlined below (hereinafter referred to as Terms and Conditions). In case of disagreement, you must obliged immediately terminate service using and leave website bazena.com.ua
These Terms and Conditions of products sale and information on the product represented on the website are a public offer in accordance with art. 633 of the Civil Code of Ukraine.
These Terms and Conditions can be unilaterally modified by the company without notification of the User/Buyer. The new version of the Terms and Conditions enters into force from the moment of its posting on the website unless otherwise specified.
Acceptance of this offer enters into force from the moment of sending an electronic confirmation of the order acceptance by the seller (company) to the buyer (you) in the course of the ordering by the buyer by means of website bazena.com.ua
The contract of product sale is considered to be concluded from the moment of issue of the payment document by the seller (company) to the buyer (you) confirming the payment of the product or depositing of funds to the bank account of the seller (company).
Limitations of Liability
BAZENA shall not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this site or your downloading of any materials, from this website. In no event will the company private limited nor their respective officers, directors, employees, shareholders, affiliates, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this web site be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. This site may include inaccuracies, mistakes or typographical errors. Bazena does not warrant that the content will be uninterrupted or error free.
Product and purchase procedure
Photos accompanying the product are simple illustrations to it and may differ from the actual appearance of the product. Descriptions/characteristics of the products do not provide complete information and may contain misprints. To specify information on the product, you shall write a letter to e-mail email@example.com
If products ordered by the buyer are absent at the storehouse of the seller, the seller has the right to produce this product during 2-15 working days. The order is not cancel and the payment is not refaund. Seller having notified the buyer about that by means of sending a respective e-mail message to the e-mail address specified by the buyer.
Upon placing the order online on website bazena.com.ua, information is provided to the buyer regarding the expected date of delivery by means of sending an e-mail to the e-mail address specified by the buyer. The manager who serves this order specifies details of the order, agrees the date of delivery which depends on the availability of the ordered products at the storehouse of the seller and time required for the order processing and delivery.
The date of the product transfer can be unilaterally changed by the seller for the reasons which are objective to the mind of the seller.
Specific terms of delivery can be agreed by the buyer with the manager in the course of the order confirmation.
Delays in delivery are possible due to unforeseen circumstances which have taken place not due to the seller’s fault.
The risk of accidental loss or accidental damage of the product is transferred to the buyer in the moment of the order transfer to him and putting a signature by the order recipient in the documents which confirm the order delivery.
The seller’s obligation to transfer the product to the buyer is considered to be fulfilled in the moment of receiving the postal item by the buyer. This moment is determined in accordance with the current rules of postal communication.
The procedure of delivery and opening of postal items containing the product is determined by the current rules of postal communication.
In the course of receiving the order from the courier the recipient is obliged to examine the delivered product and check it for conformity to declared quality, assortment and completeness of the product, and package integrity. In case of absence of claims related the delivered product, the buyer puts his signature in the “Form of orders delivery”. A signature in shipment documents confirm that the recipient has not asserted claims to the product and the seller has completely and dully fulfilled his obligation on the product hand over.
The date, time and route of delivery, if required, can be checked with the manager who contacts with the buyer for the order confirmation.
The user understands and agrees that delivery is a separate service which is not an integral part of the product purchased by the buyer. It is completed in the moment of the product receiving by the recipient or payment for it. Complaints on quality of the purchased product raised upon receiving and payment for the product are considered in accordance with Law of Ukraine “On protection of consumer rights” and warranty liabilities of the seller. Thus, the purchase of the product with the delivery does not grant to the buyer the right for demanding the delivery of the purchased product for the purposes of warranty maintenance or replacement does not provide an opportunity to provide warranty maintenance or replacement of the product by means of the visit to the buyer and does not provide an opportunity for the return of product delivery cost in cases when the buyer has the right for the return of money for the product itself in accordance with the Law of Ukraine “On protection of consumer rights”.
Payment for the product
The Product price is indicated in UAH on CIP terms (INCOTERMS 2010) regarding the city of delivery to the buyer, unless otherwise specified in the invoice, and does not include the value added tax.
The product price is indicated on the website bazena.com.ua. In case of the indication of the incorrect price for the product ordered by the buyer, the seller informs the buyer about that for the order confirmation at the corrected price or cancellation of the order. If it is impossible to get in contact with the buyer, this order is considered to be cancelled.
The product price can be unilaterally modified by the seller. With that, the price for the product ordered by the buyer is not subject to modification.
The Product is paid: In case of the order fulfillment and its subsequent shipment on the territory of Ukraine – in UAH with non-cash funds before the product shipment in the sum which conforms to the order sum indicated in the electronic message.
In case of the order fulfillment and its subsequent shipment outside of the territory of Ukraine – in UAH with non-cash funds before the product shipment in the sum which conforms to the order sum indicated in the electronic message.
The seller is entitled to grant discounts for the products and establish the bonuses scheme. Kinds of discounts, bonuses, procedure and terms of charging are indicated on the website and can be unilaterally modified by the seller.
Exchange & Return of the product
The buyer may exchange items within 14 days after receipt.
Exchange only allowed once. No refunds.
The Seller is not responsible for the product defects if they have been occurred upon its handover to the Buyer as the result of break of the directions for the product use or storage by the Buyer, actions of the third parties or force-majeure circumstances.
Duties and Taxes
All the products ordered by the buyer on the website and sent outside of Ukraine can be a subject for import fees, taxes, duties, VAT and import restrictions in destination country, signed by the buyer. Payment for such is the personal responsibility of the buyer and the amount of such payments can not be fully or partially reimbursed by the seller or indicated in advance on the website. In the case of the order shipment outside of Ukraine and refuse of the customer to undergo import procedure or duties and taxes payment, seller remains a right to apply restock fee which will consist of the return shipping cost, import procedure and taxed and duties cost upon the returned items arrival to Ukraine.
The seller is entitled to concede or in any other way transfer his rights and obligations resulting from his relations with the buyer, the third parties.
The website and provided services can temporarily partially or fully be inaccessible due to preventive or other works or for any other technical reason. The support unit of the seller is entitled periodically perform required preventive and other works with the preliminary notification of the buyers or without it.
Relations between the User /Buyer and Seller are regulated by provisions of the Ukrainian legislation.
In case of questions and complaints from the side of the User/Buyer, he shall apply to the seller by phone or other available means. The parties shall try to solve all disputes by means of negotiations. If the parties have failed to come to an agreement, the dispute will be referred to the judicial authority in accordance with the current legislation of Ukraine.
If the court has recognized invalidity of any provision of this Agreement, that does not result in the invalidity of other provisions.