Terms of Service for 3ddevice.com.ua

Terms of Service of the online store 3DDevice

1. Introductory provisions

Online shop 3DDevice available at the internet address https://3ddevice.com.ua is the sales platform of 3DDevice.
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
Informations about company 3DDevice:

Individual entrepreneur Konstantinov Maksym Mykytovych
Code: 2685516515
UA923052990000026002040135431
PrivatBank JSC
03057, Kyiv, 3 O. Dovzhenko St., office D-3-25

2. Definitions

Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
Seller - a natural person conducting business on behalf of 3DDevice.
Customer - any entity making purchases through the Store.
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf a business that uses the Store.
Store - an online store run by the Seller at the Internet address 3ddevice.com.ua.
Distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations - these Store regulations.
Order - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding the Product or Products Sales Agreement with the Seller.
Account - customer account in the Store, it contains data provided by the Customer and information about orders placed by him in the Store.
Registration form - a form available in the Store, enabling the creation of an Account.
Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
Cart - an element of the Store's software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
Product - a movable item/service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - in accordance with the features of the Product - a contract for the provision of services and a contract for specific work.

3. Contact with the Store

Seller's address: Kyiv, Shuliavska metro station, 3 A. Dovzhenko Str.
Seller's e-mail address: info@3ddevice.com.ua.
Seller's telephone number: +380503721221.
Seller's bank account number: UA923052990000026002040135431.
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The customer may communicate by phone with the Seller between 10:00 and 18:00 on Monday through Friday.

4. Technical requirements

To use the Store, including viewing the Store's assortment and placing Orders for Products, they are necessary:

terminal device with access to the Internet and a web browser such as Microsoft Edge, Chrome, Opera;
an active e-mail account (e-mail);
cookies enabled;
FlashPlayer installed.

5. General information

The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
The prices given in the Store are given in Ukrainian hryvnias.
The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including the moment of expressing the will to be bound by the Sales Agreement.
In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
When the nature of the subject of the Agreement does not allow, judging reasonably, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be given in the Store in the Product description.

6. Creating an Account in the Store

To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name and surname / company name, address / registered office of the company, address for the delivery of goods, if different from the address / registered office of the company, e-mail address, telephone number for contact, registration data in the case of companies.
Creating an Account in the Store is free.
Logging in to the Account is done by entering the login and password set in the Registration Form.
The Customer may at any time, without giving a reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in §3.

7. Order placing rules

In order to place an Order:

log in to the Store (optional);
select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent);
log in or use the option of placing an Order without registration;
if the option to place an Order without registration has been selected - fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient's details;
click the "Order and pay" button and confirm the order by clicking the link sent in the e-mail;
choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to §8 point 3.

8. Offered methods of delivery and payment

The Customer may use the following methods of delivery or collection of the ordered Product:
1. courier service (Nova Poshta, InTime);
2. courier delivery;
3. personal pickup at the address: Kyiv, Shulyavska metro station, 3 A. Dovzhenko Street.
The Customer can use the following payment methods:
1. Invoice;
2. Cash payment;
3. Cash on delivery;
4. Bank card.
If there is a need to return the funds:
1. for a transaction made by the Customer with a payment card, the Seller will refund it to the account;
2. bank account assigned to the Ordering Party's payment card.
Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

9. Performance of the Sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with §7 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
If the Customer chooses:
1. payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement - otherwise the order will be canceled;
2. payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery;
3. cash payment on personal pickup, the Customer is obliged to make the payment on delivery within 7 days from the date of receipt of information about the readiness of the shipment for collection;
If the Customer has chosen a delivery method method other than self-pickup, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
In the case of ordering Products with different delivery times, the Customer has the option of requesting delivery of the Products in parts or delivery of all Products after completing the entire order.
The start of the period for delivery of the Product to the Customer is counted as follows:
1. if the Customer chooses the method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account;
2. if the Customer chooses the method of payment on delivery - from the date of concluding the Sale Agreement.
If the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.
In the case of ordering Products with different terms of readiness for collection, the Customer has the option of collecting the Products in parts (depending on their readiness for collection) or collecting all Products after completing the entire order.
The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
1. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account;
2. if the Customer chooses cash on delivery - from the day of concluding the Sale Agreement.
The Product is delivered only in Ukraine.
The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
Personal pickup of the Product by the Customer is free of charge.

10. The right to withdraw from the contract

The consumer may withdraw from the Sales Agreement within 14 days without explanation in accordance with the provisions of the Law of Ukraine “On Protection of Consumer Rights.”.
The time limit specified in paragraph 1 shall commence on the date of delivery of the Goods to the Consumer or to a person other than the carrier specified by the Consumer.
In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the time limit specified in sec. 1 runs from the delivery of the last item, batch or part.
In the case of an Agreement which consists in the regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first thing.
The Consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
The application can be sent by regular mail, fax, or electronically by sending it to the Seller's email address or submitting it on the Seller's website - the Seller's contact details are listed in §3. The application can also be submitted using the feedback form on the “Contacts” page of the Seller's website.
If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
Consequences of withdrawal from the Agreement: If, due to the nature of the Product, it cannot be sent back by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement: in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs.
In the event of withdrawal from a Distance Agreement, the Agreement shall be considered void.
In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the Consumer's choice a delivery method other than the cheapest usual delivery method offered by the Seller.
The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
The Consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
The Consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product:
1. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
2. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
3. for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement;
4. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
5. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
6. in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations on the market over which the Seller has no control;
7. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
8. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
9. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract.

11. Complaint and warranty

The Sales Agreement covers new Products.
The Seller is obliged to provide the Customer with an item free from defects.
In the event of a defect in the Goods purchased from the Seller, the Buyer has the right to file a complaint based on the warranty provisions contained in the Law of Ukraine “On Protection of Consumer Rights.” If the Buyer is an Entrepreneur, the parties exclude liability under the warranty.
Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer's request in connection with the defect of the goods.
The Seller will respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified.
Goods returned as part of the complaint procedure should be sent to the following address: Kyiv, Shulyavska metro station, 3 A. Dovzhenko Street.
If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store. The seller will also attach a warranty card to the sold Product.

12. Personal data in the online store

The administration, processing, and protection of customers' personal data are carried out in accordance with the requirements of the Law of Ukraine “On the Protection of Personal Data” dated June 1, 2010. No. 2297-VI, including in accordance with Directive 2016/679 (GDPR), implemented into Ukrainian legislation on the basis of the Association Agreement between Ukraine and the EU.
By placing an order, the customer gives their voluntary consent to the processing of personal data for the purposes of performing the purchase and sale agreement or for marketing purposes by separate agreement, in accordance with Articles 6 and 7 of the GDPR and Articles 6 and 11-12 of the Law of Ukraine No. 2297-VI.
The administrator of personal data is the seller-operator of the online store, who processes it solely for the purpose of performing the contract or with the voluntary consent of the customer for marketing purposes.
The recipients of personal data may be:
1. delivery services and courier companies in the case of physical goods delivery;
2. payment operators and banks in the case of electronic or card payments.
A complete list of third parties to whom data may be transferred is provided in the website's privacy policy.
The customer is guaranteed the rights set out in Articles 15–22 of the GDPR: access to data, modification, deletion, restriction of processing, objection to processing, and the right to data portability.
The provision of personal data is voluntary, but refusal to provide the data necessary for the conclusion of a contract makes it impossible to conclude the contract.
Detailed rules for the processing, storage, and exchange of personal data are set out in the privacy policy.

13. Final provisions

Agreements concluded through the online store are concluded in Ukrainian.
The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Consumer Rights, the Act on the Protection of Personal Data.