- General Provisions
1.1. The relations between Buyers and Sellers are based on the terms of the Public Offer Agreement.
1.2. The Public Offer Agreement is a public contract regulated by Articles 633 and 641 of the Civil Code of Ukraine.
1.3. The terms of the public contract are the same for everyone.
1.4. By purchasing the Seller’s Goods, you accept the terms of this Agreement and confirm that you have read and agree to its terms.
1.5. The Agreement uses the following terms in the following meanings:
Platform – the official website of the Operator located on the Internet at https://mezey.com.ua, where Sellers place information about their goods, their prices, and the method of obtaining them. By using a specific offer, the Client accepts the terms of this Agreement.
Administration – employees of the Internet store https://mezey.com.ua who manage the website, perform technical, organizational, and other functions to ensure the functioning of Vihome Internet store services, and provide informational, advisory, and other support.
Buyer – any individual who buys the Seller’s goods, pays for the goods to the Seller’s Bank Account, thereby expressing the intention to accept this Agreement.
Seller – any business entity that sells Goods by placing relevant offers on the Platform.
Goods – goods belonging to the furniture category, their components and accessories, decorative items, and other goods sold by the Seller to Buyers; the list, description, and price of which are indicated exclusively on the Platform in the form of offers, publications, or posts.
Acceptance of the Agreement – by accepting this Agreement, it is understood that the Buyer pays for the Seller’s Goods according to the announcement, offers, or publications placed on the Platform.
Personal Account – a section of the Buyer’s personal account on the Platform. The Personal Account displays the Buyer’s personal information and the status of placed orders.
2. Subject of the Agreement
2.1. This agreement is a public contract deemed concluded between the Seller, on one side, and the Buyer, on the other side, from the moment of acceptance by the latter of all without exception terms and provisions of this Agreement and its Appendices.
2.2. Under this Agreement, the Seller undertakes to sell the Goods to the Buyer, and the Buyer undertakes to accept the Goods and pay for them in accordance with the terms and conditions determined by this Agreement and the legislation of Ukraine.
2.3. The Seller trades in Goods under this Agreement in accordance with the norms of current legislation of Ukraine and agreements established between the Platform Operator, the Buyer, and the Seller.
3. Order Processing and Seller’s Remuneration
3.1. The Platform Operator may sell Goods both independently and by providing access for sale, processing, and shipping of Goods, as well as receiving profits by any other Sellers.
3.2. The Buyer contacts the Seller through any convenient communication method published on the Platform and accepts the terms in the published announcement, publication, or Seller’s offer, as well as in this Agreement.
3.3. To place an order, the Buyer may register on the Platform (for further use of their own account for order placement, tracking, etc.) or fill out a relevant form, providing necessary data – without registration and account creation. Registration is required for the Buyer to access personalized information and additional features when interacting with the Platform. Orders for Goods can be placed by registered Buyers or those who have not registered.
3.3.1. When registering on the Seller’s Platform, the Buyer provides their personal data: full name, phone number, email address or other identifier specified on the Platform, as well as a password for which the Buyer is responsible for security. The Buyer agrees to provide accurate information about themselves. The Seller is not responsible for the accuracy of the data provided by the Buyer when placing an order.
3.3.2. All data specified in clause 3.2.1. of this Agreement is collected by the Platform Operator and transmitted to the Seller, as well as stored on the Operator’s server according to the rules outlined in the privacy policy.
3.3.3. After order confirmation, the Buyer may receive information about the estimated delivery date through an email message or a phone call to the phone number provided by the Buyer during order placement.
3.4. Upon receiving an inquiry from the Buyer, the Seller informs them about the terms of the Agreement and obtains consent for personal data processing (including verbally), if necessary provides information about the Goods (price, delivery times, etc.).
3.5. Payment for the Goods can be made in:
- non-cash form to the Seller’s bank account;
- cash on delivery.
3.5.1. Cash on delivery is processed as follows:
An advance payment of 30% of the total price of the Goods is made to the Seller’s bank account when the Goods are in stock, and the remaining 70% is paid by the Buyer upon receiving the Goods through cash on delivery.
3.6. Payment for the Goods is made in the national currency of Ukraine – hryvnia.
3.7. The cost of Services does not include any commissions charged by banks or payment systems for payment processing and/or currency conversion. The Buyer pays additional commission costs for payments under this Agreement.
3.8. The cost of the Goods specified on the Platform does not include transportation costs to the Buyer. Transportation costs are paid separately by the Buyer unless otherwise specified by the Seller when the Buyer places the order.
3.9. After confirmation and processing of the order, the Buyer receives an email with information about the placed order. The Buyer should carefully read this message. If the Buyer finds any errors in the order, they should immediately notify the Seller by email specified in this Agreement or by using the online form on the Platform.
3.10. If the order was placed incorrectly by the Buyer or was not received by the Seller, and funds were debited from the Buyer’s account, these funds will be refunded to the Buyer in full.
3.11. It is not possible to cancel or change the order if it is already in the processing stage. However, the Goods can be returned according to section 6 of this Agreement.
3.12. If the ordered Goods are not available in the Seller’s stock, including due to reasons beyond the Seller’s control, the Seller may cancel the order (including a corresponding part) of the Buyer, notifying them of such cancellation within 30 working days from the order placement date. If the Buyer paid for the Goods when placing the order, the Seller, at their discretion:
- refunds the Buyer the paid price of the Goods that were canceled in the order, regardless of the reason for the Goods’ unavailability;
- or informs the Buyer about the possibility of replacing the ordered Goods with other Goods with similar characteristics and price;
- or informs the Buyer about the possibility of extending the delivery period of the Goods, if possible (together with the main order or separately from it), with the extension not exceeding 30 working days.
- Rights and Obligations of the Parties
4.1. The Seller undertakes to:
a) sell the Goods to the Buyer placed on the Platform;
b) provide the possibility of payment for the Goods to a bank account, payment system, in accordance with this Agreement;
c) provide the Buyer with complete information about the Goods for sale, their content, manufacturing and delivery terms, as well as provide data about the Seller for complaints or demands;
d) familiarize themselves with the terms of this Agreement and obtain consent to the processing of personal data (including orally).
4.2. The Seller has the right to:
a) make changes regarding information, list and cost of Goods at their own discretion unilaterally;
b) unilaterally terminate the Agreement in case of gross violation by the Buyer of the terms of this Agreement;
c) involve third parties to fulfill the terms of this Agreement;
d) block access to the Vihome online store for the Buyer in case of detecting violations by such Buyer of the duties specified above in this paragraph.
4.3. The Operator has the right to:
a) make changes to the Agreement unilaterally;
b) carry out planned preventive maintenance that may cause temporary interruptions in the operation of the Platform.
4.4. The Buyer undertakes to:
a) comply with all terms and conditions of this Agreement;
b) familiarize themselves with the information about the Seller’s Goods;
c) accept the Seller’s Goods;
d) pay for the Seller’s Goods;
e) provide accurate information in accordance with clause 3.3.1. of this Agreement;
f) when receiving the Goods, conduct an external inspection for external damage to the packaging, open the external packaging in the presence of a delivery service representative to check for absence of damage to the goods, its integrity and completeness;
g) refrain from other actions not provided for by this Agreement, but containing elements of criminal or administrative offenses, or violating the rights and legitimate interests of the Seller, Operator, other buyers, third parties.
h) not to place speculative, false orders or orders for fraudulent purposes. If the Seller has reasons to believe that the Buyer has placed such an order, the Seller has the right to cancel such an order and notify the competent authorities;
i) not to copy, reproduce, create, republish, download, print, publish, reproduce, broadcast, record, transmit or otherwise distribute web pages or materials on the Platform or computer codes or elements contained on the Platform, except for personal use, without the prior written consent of the Seller;
j) not to modify and distribute modified content (content, materials) on the Platform, including, but not limited to, removing the Seller’s logos and trademarks.
4.5. The Buyer has the right to:
a) demand the Seller to fulfill the terms and provisions of this Agreement;
b) order Goods from any Seller placed on the Platform;
c) obtain complete information about the Seller’s Goods, their price, terms of execution, and any other information related to the subject of the Agreement.
5. Delivery of Goods
5.1. The Seller delivers the Goods using postal services (Nova Poshta/UkrPoshta), transport companies (carrier), or their own resources within the territory of Ukraine.
5.2. When shipping the Goods, the Seller sends the Buyer a waybill number assigned to the Goods.
5.3. Delivery of the Goods (including returns) is at the Buyer’s expense.
5.4. The Buyer pays the shipping cost of the Goods according to the current tariffs specified on the website of the respective delivery service (Nova Poshta/UkrPoshta).
5.5. When the Goods are delivered by the carrier, the Buyer fully and unconditionally agrees to the carrier’s rules regarding cargo transportation (including shipping costs).
5.6. The Buyer independently pays the shipping cost to the carrier upon receiving the Goods. The exact shipping cost is determined by the carrier.
5.7. The Seller’s obligation to transfer the Goods to the Buyer under the Agreement is considered fulfilled, and the risk of accidental loss of the Goods passes to the Buyer at the moment the Seller transfers the Goods to the carrier. The carrier is responsible for delivering the Goods to the delivery location specified by the Buyer.
5.8. Inspection of the Goods for quantity and quality takes place at the location where the Seller (or carrier) transfers the Goods to the Buyer. Upon receiving the Goods, the Buyer is obligated to check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its components. After receiving the Goods, the Buyer cannot make claims regarding the quantity, completeness, and appearance of the Goods.
- Return Policy
6.1. Returns of Goods sold by the Seller in favor of Platform Buyers are carried out in accordance with the provisions of the Law of Ukraine “On Protection of Consumer Rights,” as well as the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights.”
6.2. In case of significant defects detected within the established warranty period, arising due to the fault of the manufacturer of the Goods (Seller), or falsification of the Goods confirmed by an expert opinion, the Buyer, in the manner and within the deadlines established by the manufacturer’s warranty obligations, taking into account the conditions of the Contract, has the right, at their choice, to demand from the Seller:
- termination of the contract and refund of the amount paid for the Goods;
- replacement of the Goods with the same or similar Goods in terms of characteristics, from those available with the Seller.
6.3. In case the Seller confirms the presence of significant defects in the Goods and at the Buyer’s request for a refund, the funds paid by the Buyer shall be returned to the Buyer within 14 (fourteen) calendar days from the date of returning the Goods.
6.4. In cases of replacing defective Goods, the cost of carrier services is borne by the Seller. This rule does not apply to the replacement of quality Goods (in cases provided by law) – in such cases, the return of the Goods is at the Buyer’s expense, even if the delivery was free (at the Seller’s expense).
6.5. In any case, the return of Goods must be made in the original packaging in which the Goods were received, preserving the appearance and consumer properties of the Goods.
6.6. The Buyer has the right to return non-food Goods of proper quality if they do not satisfy them in terms of form, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase.
6.6.1. The return of Goods of proper quality is carried out in the absence of signs of their use and provided that their appearance, consumer properties, seals, labels, and films are preserved, without violating the integrity of the packaging of both the Goods themselves and their components. The Goods are accepted upon presentation by the Buyer of a payment document issued to the Buyer along with the sold Goods. If the Goods do not meet the conditions specified in this paragraph, the Seller has the right to refuse to return the Goods.
6.7. The list of Goods that are not subject to return under the provisions of this paragraph is approved by Annex No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 “On Implementation of Certain Provisions of the Law of Ukraine “On Protection of Consumer Rights” (clothing and knitwear, feather and down products, fabrics, bed linen, etc.) in the current edition.
6.8. Consideration of the Buyer’s claims, including those regarding the return of Goods, is carried out in accordance with the Law of Ukraine “On Protection of Consumer Rights,” provided that the Buyer submits the documents required by current legislation of Ukraine (in particular, a written application).
6.9. The Seller is not responsible for defects in the Goods that arise after their transfer to the Buyer due to the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.10. Refunds previously made on the Platform are made based on a written request from the Buyer and in accordance with the Law “On Protection of Consumer Rights” N 1023-XII.
6.11. If the Buyer mistakenly/repeatedly paid on the website or paid their cost in excess of what is required, the amount paid shall be refunded.
6.12. No later than 60 minutes after an erroneous/repeated purchase of services, the Buyer is obligated to inform Content.money by email at sale@mezey.com.ua, with a letter in any form about the erroneous/repeated payment and desire to refund the money, indicating in the subject of the letter “Refund,” specifying the payment date, payment method, and phone number.
6.13. The request for a refund will be processed within two business days. After reviewing the request, we will inform you of the result and the refund period or refusal to refund.
6.14. Refunds are made in the same manner as the purchase. The refund period depends on the initial payment method.
6.15. Commission fees (if applicable by the payment system or bank for the refund) will be deducted from the refundable amount.
6.16. Failure to notify the Platform of an erroneous/repeated payment will result in us considering such payment as valid for services rendered.
6.17. Refunds for erroneous/repeated payments, as well as for payments made above the service value, are made within 10 (ten) days from the date of the proper notification to the Internet store MEZEY.
6.18. All unresolved issues in this Agreement related to the procedure, terms of warranty repair or replacement of Goods in case of defects within the warranty period (suitability) are regulated in accordance with the warranty obligations determined by the manufacturer of the respective Goods, and in the absence of such warranty obligations by the manufacturer – in accordance with the current legislation of Ukraine.
- Responsibilities of the Parties and Dispute Resolution
7.1. In case of non-performance or improper performance of their obligations by the Parties under the terms of this Agreement, the Parties bear responsibility as provided by the legislation of Ukraine and this Agreement.
7.2. The Buyer is responsible for the accuracy of the information provided when ordering the Goods. If the Buyer incorrectly provided personal data, postal office data, phone number, the costs for redirecting the Goods are borne by the Buyer.
7.2.1. The Operator is not responsible for errors made by the Seller or Buyer of the Platform.
7.3. If the Buyer refuses to pick up the Goods at the postal office, the Goods are returned to the Seller. The cost of delivery services and storage is borne by the Buyer. The Seller refunds the Buyer the amount for the Goods minus the delivery and storage costs.
7.4. The Buyer and the Seller agree to resolve disputes through negotiations and reaching consensus, while the Operator undertakes to facilitate such negotiations and dispute resolution. The claim review period is 14 (fourteen) calendar days from the date of its receipt by the Party.
7.5. If it is impossible to reach a consensus within 30 calendar days, the Buyer has the right to lodge a complaint with any state authority competent to consider such complaints.
7.6. If the dispute cannot be resolved according to points 7.4 and 7.5, the Buyer has the right to appeal exclusively to the court at the Seller’s location.
7.7. The Seller is not responsible for discrepancies in the Goods, unjustified expectations, subjective assessment, or exaggerated expectations of the Buyer. Claims based on the above criteria are not satisfied.
- Term of the Agreement and Procedure for its Termination
8.1. This Agreement enters into force upon its acceptance by the Buyer of the Platform and is valid until the Parties have fully performed their obligations under the Agreement.
8.2. This Agreement may be terminated unilaterally before its expiration in cases provided by the terms of the Agreement.
8.3. The Platform Operator has the right to make changes to this Agreement at any time without the consent of the Seller or Buyer.
- Intellectual Property Rights
9.1. All materials (and their content) published on the Platform are the full and exclusive property of the Operator or used by the Operator under the terms of the respective license. Any use of the Platform, its parts, design, and/or materials without direct permission from the Operator is a violation of intellectual property rights. The Operator also owns rights to the name “Vihome” and the corresponding logo protected by trademark laws.
9.2. The use of content, information, and any other materials posted on the Platform is possible only within the functionality offered on the Platform.
9.3. If Platform visitors are the owners of a trademark and/or other intellectual property objects and believe that materials posted on the Platform violate their rights, visitors can contact the Administration or the Operator using the contacts provided on the Platform or by emailing sale@mezey.com.ua.
9.4. In the application, the visitor whose intellectual property rights are violated should provide the following information: identification information (full name, mailing address, email); describe the nature of the intellectual property rights violation and identify the relevant intellectual property object on the Platform; certify that the information provided is correct (with the possibility of punishment for false information) and that the complainant honestly believes that the contested use is unauthorized by the copyright owner, their agent, or the law.
- Force Majeure Circumstances
10.1. The Parties are released from liability for partial or complete non-performance or improper performance of obligations under the Contract if they are a consequence of force majeure (fire, flood, earthquake, natural disaster, war, and other force majeure circumstances), and if these circumstances directly affect the performance of the Contract, then the performance continues for the period during which these circumstances existed.
10.2. The Party affected by force majeure circumstances is obliged to notify the other Party in writing no later than 7 (seven) calendar days from the day of occurrence of such circumstances and to provide confirming documents within 30 (thirty) days. Untimely notification of force majeure circumstances, within the deadlines specified in this clause, deprives the Party that missed the notification of the right to refer to these circumstances for justification.
10.3. The Parties agreed that a sufficient confirmation of the existence of force majeure circumstances is a certificate from the Chamber of Commerce and Industry of Ukraine.
- Other Conditions
11.1. The warranty period for all Goods is 12 (twelve) months. The warranty is indicated on the invoice accompanying the Goods. The warranty period is also indicated in the Goods description on the Platform or in the Goods card.
11.2. This Contract contains all the conditions agreed upon by the Parties regarding its subject matter, and it replaces all previous agreements, statements, and any agreements between the Parties regarding its subject matter.
11.3. The Contract may be amended and/or supplemented by the Operator at any time unilaterally without prior and/or subsequent notice to the Seller/Buyer. Changes to the Contract will be published with the date of the last update. The Seller/Buyer is considered notified of the changes and/or additions to the Contract from the moment these changes are published on the Platform.
11.4. The invalidity, illegality, or unenforceability of any provision of this Contract does not invalidate or affect the legal force of any other provisions of this Contract.
11.5. Unless otherwise specified in this Contract, all notifications must be sent to the addresses specified in this Contract or on the Platform.
11.6. The Parties acknowledge that if any provision of this Contract becomes or is found to be invalid due to non-compliance with the law, such provision does not invalidate any other provision of this Contract or the Contract as a whole. In such a case, the Parties must take measures as soon as possible to amend the Contract to the extent necessary to replace the invalid provision so that in its amended form, it is legal and, to the extent possible, preserves the original intentions of the Parties.