Preamble
Dear User of the website https://mintrans.news/, please note that any use of the Website in any form (including but not limited to placing Orders for goods using the website https://mintrans.news/, participation in bonus programs, promotions, filling out applications, forms, etc.) means that you are at least 21 years old and that you have read and agree to the terms of use of the Website https://mintrans.news/, and also constitutes your acceptance of this Public Offer. This Public Offer is binding for both parties. If you do not agree with the terms of this Public Offer, you must refrain from using the website https://mintrans.news/.
DEFINITIONS
Administration — the administration of the MINTRANS online store, located on the website https://mintrans.news/, Cheval Blanc LLC, registered in Ukraine, with its address at: 08149, Sofiivska Borshchahivka, Chubynskoho 4A.
Order — a properly completed and submitted request by the Buyer addressed to the Seller with a proposal to purchase a selected list of Goods from the website, indicating the quantity.
User — an individual who is at least 21 years old, has full legal capacity, uses this website and/or its specific tools, and has agreed to the terms of this Public Offer and fulfilled all its conditions described below.
Recipient — the person indicated by the Payer in the order section as the person authorized to receive the goods. Unless otherwise specified in the "Order Placement" section, the Recipient is the Payer.
Payer — the person making payment for the Buyer's order. Unless otherwise specified in the "Order" section, the Payer is the Buyer.
Buyer — a User who places an order and intends to purchase/purchases goods offered for sale by the Seller and presented on the website https://mintrans.news/.
Seller — a legal entity or individual entrepreneur who posts information on the website offering to sell specific goods. The Seller may be either the Administration or any person authorized by the Administration to post information about goods on the website. The name of the Seller is indicated in the documents for the transfer of goods to the Buyer (delivery and acceptance act, invoice, sales receipt, etc., confirming the transfer of the goods to the Buyer).
Offer — information about a product posted by the Seller on the website, which includes details about the product, its price, payment and delivery methods, information about discounts and promotional offers, as well as other conditions for purchasing the product. The terms of the Offers posted on the website are established by the Seller. The Offer constitutes information about possible terms of purchasing the product.
Website — the website located at https://mintrans.news/, whose specific pages (sections) contain rules (terms) for registration, order placement, bonus programs, payment, delivery, product return, warranty, etc., as well as information about the Buyer (contact details, orders, delivery addresses, etc.), through which the User can purchase the desired product.
Product — a tangible item offered for sale by the Seller, posted on the website, with its price, name, description, specifications, and availability status indicated.
Agreement — this Public Offer, including all its terms and appendices.
1. General Provisions
1.1. This Agreement governs the procedure for the User's access to the information posted on the Website, the procedure for using the Website, as well as the possibility of transferring goods and other conditions.
1.2. The Website serves as a platform for posting offers for the sale of goods by the Seller.
1.3. This Agreement, in accordance with Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine, constitutes a Public Contract (Offer) and is addressed to an indefinite number of persons regardless of their status (individual, legal entity, individual entrepreneur) who wish to purchase goods, information about which is available on the Website. As this Agreement is a public offer, by accessing the materials of the Website, the User/Buyer is deemed to have joined this Agreement.
1.4. Information about the goods is displayed on the Website and is dynamic. This means that the information may be updated, changed, and supplemented by the Administration at any time without prior notice to the User. Such changes come into effect upon publication on the Website and apply to any order placed after such publication.
1.5. Information about the Seller’s goods, the terms of purchase, prices, and any other Seller-related information is accurately reflected on the Website.
1.6. This Agreement may be concluded by an individual who has reached the age of 21, possesses full legal capacity, uses this Website and/or its individual tools, agrees to the terms of the Agreement, and fully assumes the obligations arising from the use of the Website and the conclusion of this Agreement.
1.7. By ordering goods on the Website, the Buyer agrees to all the terms of this Agreement and its Annexes.
1.8. The offer on the Website is not an offer in the legal sense. However, after reviewing the Offer, the Buyer has the right to make an offer to the Seller by selecting a product and filling out the form in the "Order" section. Filling out the specified form is considered an offer by the Buyer to the Seller to purchase the relevant goods under the conditions specified in the Offer. An unregistered User may also make an offer to the Seller, provided that they correctly enter all necessary data in the “Order Checkout” form on the Website.
1.9. The offer is considered accepted by the Seller (acceptance) if the latter performs actions indicating acceptance of the Buyer’s offer, namely: actually ships the goods in accordance with the terms specified in the Buyer’s offer or provides access and the ability to download content via the User’s Personal Account.
1.10. Upon receiving the Buyer’s offer, the Seller has the right to offer to sell the goods under different conditions than those specified in the Buyer’s offer. In this case, such an offer is considered a counter-offer and must be accepted by the Buyer. Acceptance of the counter-offer is deemed to have occurred upon actual payment or receipt of the goods by the Buyer/Recipient under the terms of the counter-offer. The Seller has the right to withdraw such a counter-offer before payment and delivery of the goods.
1.11. In the case of an erroneous acceptance sent by either Party, the terms may only be amended if the other Party is timely notified of such error.
1.12. Sufficient evidence of the Seller’s acceptance of the offer or counter-offer (i.e., agreement by the Parties on all essential terms of the sale of goods) is actual payment or receipt of the goods by the Buyer/Recipient.
1.13. Notification by the Seller/Administration via electronic means (SMS, email, phone, etc.) or other forms of communication regarding the receipt of the Buyer’s Order or the terms and/or price of the goods does not constitute acceptance of the Buyer’s offer by the Seller. Such communication is solely a notice of receipt of the Buyer’s offer and contains a reproduction of the terms provided by the Buyer.
1.14. Information about the goods is posted directly on the Website; in addition, upon receiving the goods and before signing documents confirming receipt, the Buyer/Recipient must review the product information found on the goods and/or packaging and/or accompanying documents. If additional information is needed, the Buyer/Recipient must contact the Seller and obtain the necessary information via remote communication prior to accepting the goods.
1.15. Discounts/promotions cannot be combined with other discounts/promotions or promo code discounts.
1.16. A promo code discount does not apply when purchasing a gift certificate.
1.17. A gift certificate may be used to pay for any goods on the Website, except for other gift certificates.
1.18. The intellectual property rights to distribute the Content presented on the Website are owned by LLC "Cheval Blanc", registered in Ukraine, located at: 08149, Sofiivska Borshchahivka, Chubynskoho 4A. Use of textual and photo/video materials from the Website is permitted only with the Administration's consent.
1.19. The Website also features certain Content provided by LLC "Cheval Blanc". Such Content is posted and made available on the Website with the appropriate rights and permissions. Information about the Authors and Rights Holders of such Content is provided in the respective Content cards on the Website.
1.20. This Website: https://mintrans.news/ may also be used by other business entities based on relevant lease and/or service agreements, etc. These entities, in turn, are entitled to sell goods to end consumers and bear responsibility for these products before the end consumers.
2. Registration on the Website and Order Placement Procedure
2.1. The User may place an Order without registering, but must correctly fill in the required fields in the “Checkout” form.
2.2. When registering on the Website, namely by completing the registration form and creating a Personal Account, the User agrees to provide all required information in full and is responsible for the accuracy, correctness, and truthfulness of both the required and any other provided information. If any inaccurate, incorrect, or false information provided by the Registered User is discovered, the Website Administration reserves the unconditional right to cancel the Account of such Registered User at any time without any compensation or reimbursement.
2.3. By entering information in the Website's registration form and placing an Order, the Buyer confirms that they have read and understood the terms of this Agreement and that all actions taken by them will not contradict the provisions of this Agreement.
2.4. The Order is considered accepted for processing, and the Agreement between the Buyer and the Seller is deemed concluded, upon the Buyer's receipt of an electronic message from the Seller to the email address or a phone call from the Seller to the mobile number provided during registration, confirming the fact of coordination and acceptance of the Order.
2.5. The Seller has the right to reject an Order due to the actual unavailability of the product in stock, by sending an electronic message or making a phone call to the Buyer. In such cases, the rights and obligations of the Parties related to the sale, delivery, and transfer of the ordered product to the Buyer and its payment to the Seller, as provided in this Agreement, are terminated, and the cost of the product, if paid, is refunded to the Buyer.
2.6. If the Seller is unable to confirm the Order due to incorrectly provided email address and/or phone number, the Seller has the right to cancel such unconfirmed Order.
3. Price and Payment Terms for Goods
3.1. The price of the product is indicated on the Website in the relevant section at the time of placing the Order and includes the delivery cost.
3.2. The Seller has the right to unilaterally change the product price without prior notice. However, the Seller is not allowed to change the price of an already ordered product after the Order has been accepted by the Seller and the Buyer has received an electronic message or phone call confirming the Order, or the Buyer has paid for the product.
3.3. The cost of the product is paid in the national currency of Ukraine – hryvnia.
3.4. The Buyer may pay for the ordered Product by: Visa or MasterCard bank card on the Website at the time of placing the Order; or by transferring funds directly before receiving the Product, to the Seller’s bank account.
3.5. The User/Buyer understands and agrees that the payment acceptance and processing operator for products presented on the Website is, depending on the circumstances, one of the acquiring companies connected to the Website and independently chosen by the User/Buyer during the payment process.
3.6. The Product must be fully paid for by the Buyer before it is handed over by the Seller.
3.7. In case the Order is canceled by the Buyer or rejected by the Seller, the paid amount for the Product is refundable, except for the delivery costs incurred before the cancellation of the Order by the Buyer, which are non-refundable.
3.9. In case of Order cancellation or return of the product, funds are refundable to the Buyer.
3.10. In case of product return, the funds are refundable to the Buyer only after the Seller has received the product and processed a properly completed return application.
3.11. Refunds may be made in one of the following ways: to the bank card used by the Buyer for payment; or via postal money transfer. Orders paid fully or partially using the Bonus account are not refundable to the Bonus account.
3.12. The refund period depends on the chosen refund method (from several hours to 3 banking days for card refunds, and within 15 banking days for postal transfers).
3.13. Additional rules and conditions for refunds are set out in the relevant sections of the Website.
4. Procedure for Product Delivery
4.1. Delivery of goods is carried out throughout the territory of Ukraine, excluding the occupied territories.
4.2. Delivery of the Order is carried out within 5 (five) calendar days from the moment the Order is processed and confirmed by the Seller with the Buyer, to the address specified by the Buyer. Delivery within the territory of Kyiv may be carried out on the same day the Order is placed, according to the agreed delivery terms.
4.3. When placing an Order, the Buyer has the opportunity to independently choose the delivery method, namely: courier delivery (handing over by a courier to the address specified by the Buyer); receiving the goods at the selected delivery service branch (the delivery service branch can be selected from the list provided on the Website).
4.4. The Seller makes every effort to comply with the delivery terms specified on the Website; however, delivery delays may occur due to unforeseen circumstances beyond the Seller's control (force majeure). In case of force majeure, the Seller shall inform the Buyer and agree on new delivery terms via email or telephone communication.
4.5. The moment of receipt of the goods by the Buyer is the signing by the Recipient/Buyer of a document confirming the fact of acceptance of the ordered goods (waybill, acceptance certificate, shipping declaration, etc.) or actual receipt of the goods by the Recipient/Buyer and actions indicating acceptance of the goods. To receive the goods, the Recipient must present an identity document (passport) upon delivery.
4.6. Before shipping the goods to the Buyer, the goods are inspected and insured for their full value. Upon receiving the goods, the Buyer is obliged to check the goods for any damage, as well as the presence of the required documents (receipt, warranty card, acceptance certificate, etc.), and in case of discrepancies, immediately file a claim with the delivery service. The Seller is not responsible for the actions of the companies providing delivery services to Buyers.
4.7. The Buyer has the right to break the packaging seal, inspect the goods, and dispose of the goods in any other way at their own discretion only after full payment has been made. This provision does not deprive the Buyer of the rights provided by the Law of Ukraine "On Consumer Rights Protection" regarding the return of goods of proper and improper quality.
4.8. The Buyer has the right to appoint a third party as the Recipient of the purchased goods. In this case, the Buyer must provide the data necessary to identify the Recipient and deliver the goods to them in the Order form. The provisions of Article 636 of the Civil Code of Ukraine apply to the relations of the parties in this case.
4.13. The Seller may restrict the use of certain delivery methods when placing an Order (clause 4.5.).
5. Warranty Terms
5.1. Provided the Buyer complies with the requirements for proper use of the goods, the Seller guarantees high quality of the goods during the warranty period. The warranty period for the goods is 14 (fourteen) calendar days, unless otherwise established by the manufacturer (supplier) and/or legislation or stated on the Website.
5.2. The warranty period begins from the moment the goods are handed over to the Buyer, as indicated in the corresponding document. If the moment of delivery of seasonal goods does not coincide with the beginning of the season for such goods, the warranty period begins from the start of the relevant season. All necessary information regarding warranty terms for goods purchased on the Website is provided in the relevant sections of the Website.
5.3. Content is not subject to a warranty period.
6. Return of Goods
6.1. If the goods do not meet the Buyer’s expectations, the Buyer has the right to return goods of proper quality within 14 (fourteen) calendar days from the date of receipt, provided the conditions set by the Law of Ukraine "On Consumer Rights Protection" are met.
6.2. Goods of proper quality that cannot be returned are determined by the Resolution of the Cabinet of Ministers of Ukraine "On the Implementation of Certain Provisions of the Law of Ukraine 'On Consumer Rights Protection'" dated March 19, 1994, No. 172.
6.3. Content is not subject to return after payment on the Website by the Buyer.
6.4. To return goods, the Buyer must notify the Seller by calling the corresponding number listed on the Website or by sending an email to: [email protected] with the subject "Return Request."
6.5. The returned goods must retain their marketable condition, including preserved labels, tags, packaging with a barcode, and must show no signs of use, etc.
6.6. When returning goods (sending them via a delivery service) that are supplied in individual packaging (manufacturer's packaging), such goods must be additionally packaged to preserve the condition of the individual packaging. The Seller has the right to refuse to accept returned goods if they were improperly packaged and show marks and/or damage (including those arising during transportation—scratches, dents, additional labeling, tape attachment of cargo and/or accompanying documents, etc.), indicating that the Buyer failed to preserve the goods' marketable condition.
7. Access to the Website
7.1. The Administration makes every effort to ensure the proper functioning of the Website; however, it is not liable for failure or improper fulfillment of obligations stipulated in this Agreement, as well as for damages caused in connection therewith, resulting from, but not limited to: unlawful actions of third parties; Website malfunctions caused by coding errors, computer viruses, or other external code fragments in the Website's software; absence of internet connection between the User's device and the Website server, as well as between the Website server and the Internet; operational measures carried out by state authorities or other duly authorized organizations that affect the Website's functionality; implementation of software updates; any applicable and enforceable decisions of authorized state authorities.
8. Liability of the Parties
8.1. The Buyer/User of the Website agrees and guarantees not to perform any actions that may be regarded as a violation of Ukrainian law or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that may disrupt or potentially disrupt the normal functioning of the Website and its services.
8.2. The Buyer/User must promptly inform the Website Administration about unauthorized access to the User’s/Buyer’s Personal Account by third parties. To inform the Administration, the Buyer/User must contact the Support Service using the contact details provided on the Website.
8.3. The User is not entitled to transfer the right to use their Personal Account to third parties. In case of detection of data transfer of the Account to third parties or collective use of the Personal Account, the Administration has the right to block such Account and cancel purchases made using it.
8.4. The User/Buyer is prohibited from offering or using information posted on the Website (including Content) for commercial purposes without the written consent of its authors/right holders and the Website Administration, as well as from distributing the received Content or its copies in any other way.
8.5. By accepting the terms of the Agreement, the User/Buyer confirms that they have read and agree to the terms of this Agreement.
8.6. Comments and other entries made by the User/Buyer on the Website must not violate Ukrainian law or generally accepted standards of morality and ethics.
8.7. The use of Website materials without the written consent of the Administration is not allowed. When quoting Website materials with permission, a reference to the Website is mandatory.
8.8. The User/Buyer is responsible for the accuracy of the data provided in the registration form and Order form. If incorrect, inaccurate, and/or erroneous data in the Order leads to additional costs for the Seller related to delivery to the wrong address or delivery to an incorrectly specified Recipient, all related losses and expenses shall be borne by the User/Buyer. The Seller has the right to withhold such losses or expenses from the amount paid by the Buyer for the goods.
8.9. Responsibility for monetary transfers made by the Payer lies entirely with the banking institutions and payment systems chosen by the Payer. The Seller does not assume responsibility for their actions.
8.10. The Administrator is not responsible for the operation of internet providers, processing centers, payment systems, communication operators, banking institutions, Visa/MasterCard payment services, as a result of which necessary information or data was not received, was delayed, lost, or damaged. Any claims and disputes regarding payments and refunds shall be submitted by the Payer directly to the chosen company, and if resolution is not possible amicably, they shall be settled in accordance with the provisions of Section 8 of this Agreement.
8.11. The sole remedy available to the Buyer in case of non-compliance of the actual sales conditions with this Agreement is the right to refuse receipt of the respective product and demand a refund of the amount paid. The Buyer/Recipient may exercise this right before signing the documents confirming receipt of the product.
8.12. The Website Administrator is not responsible for the operability of the equipment hosting the Website, Website availability, data transmission channels, or other technical means that ensure User access to the Website.
8.13. The Administrator's liability shall not exceed the value of the goods purchased on the Website and shall not include any lost profit, indirect losses, or damage caused to third parties.
8.14. The Seller is not liable for the actions of companies providing delivery of goods to the Recipient/Buyer, including delivery times and the integrity of the goods during transportation by delivery services.
8.15. The Seller's liability for changes in the terms of offering goods for sale is limited to the User’s/Recipient’s/Buyer’s right to refuse the purchase of the goods and demand a refund of the paid amount.
9. Dispute Resolution and Governing Law
9.1. This Agreement is governed by the laws of Ukraine. The User/Purchaser located outside this jurisdiction fully agrees to subject any legal relations arising from the use of the Website to the laws of Ukraine, and these Terms shall apply to them to the maximum extent permitted by their jurisdiction, without the application of any conflict of laws rules.
9.2. The Parties confirm that if any provision of this Agreement becomes or is declared invalid due to non-compliance with the law, such provision shall be disregarded or the Parties shall take measures to amend the Agreement to the extent necessary to make it valid and to fully preserve the intentions of the Parties.
9.3. The User/Purchaser acknowledges and agrees that any disputes arising from the relations between the Parties and which cannot be resolved through negotiations within at least 30 days shall be resolved in accordance with the applicable laws of Ukraine.
9.4. Any claims and disputes regarding access to downloaded Content shall be submitted by the Purchaser/User to the Administration, and if they cannot be resolved amicably, they shall be settled in accordance with the laws of Ukraine.
10. Use of User's Personal Data
10.1. The information provided by the User in the registration form (full name, mobile phone number, email, postal address, etc.) constitutes their personal data. The User's personal data is confidential information, and its collection and further processing are carried out by the Administration in accordance with the Law of Ukraine "On Personal Data Protection" and other regulatory acts of Ukraine. The source of personal data collection is the information provided directly and voluntarily by the User.
10.2. By agreeing to this Agreement, the User voluntarily provides the Administration with the personal data specified in the registration form for registration in the information system as a User, as well as for the purpose of maintaining long-term cooperation with the Website Administration. The User also agrees to the use of their personal data for processing Orders for the purchase of goods, receiving advertisements and special offers, information about promotions, contests, and other information about the Administration's activities.
10.3. The User grants the Administration the right to process their personal data, including: recording personal data in the Administration's databases (without additional notification to the User), lifetime storage of the data, their accumulation, updating, modification (if necessary).
10.4. The owner of the personal data provided by the User is LLC "Cheval Blanc", registered in Ukraine, located at: 08149, Sofiivska Borshchahivka, Chubynskoho 4A. If the User changes their personal data, they must provide updated information to the Administration by contacting the Support Service by phone or by making changes in the relevant section of the User Account on the Website. If the User fails to do so, the Administration shall not be liable for any adverse consequences resulting from the use of outdated data.
10.6. The User/Purchaser may, immediately after registration or at any other time, prohibit (limit) the use of their personal data. To do this, the User must contact the Support Service by phone indicated on the Website with the relevant request. The User is also granted other rights provided for in Article 8 of the Law of Ukraine "On Personal Data Protection."
10.7. The Administration does not accept the User's registration data if it is filled in incorrectly.
10.8. The Administration undertakes to timely inform the User about available opportunities and rewards but is not responsible for notifications that were not delivered to the User due to circumstances beyond the Administration's control.
10.9. For the purposes specified in clause 10.2 of this Agreement, the User grants the Administration the right to send any commercial and/or informational messages, as well as information about other consumer offers by mail, email, phone, SMS, Viber messages, and to make calls to the mobile phone number provided in the registration form/User Account.
10.10. The User’s data specified in the registration information is confidential. Access to the data is granted exclusively to authorized persons of the Administration and the User, and such data may also be provided upon request by law enforcement and/or other authorities in accordance with applicable law.
10.11. The User is responsible for the accuracy of the data in the User Account.
11. Other Terms
11.1. All rules and conditions for performing specific actions/operations posted in the respective sections of the Website are integral parts (as Appendices) of this Agreement and define obligations for both Parties. In the event of discrepancies between the terms set out in this Agreement and those specified in its Appendices (website sections), the Parties shall be guided by the terms defined in the Appendices. The sale of goods by the Seller to the Buyer is governed by this Agreement, as well as the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Consumer Protection", the Rules for the Sale of Goods by Order and Outside of Commercial or Office Premises, and other legislative acts to the extent that they do not contradict the specifics of electronic commerce.
11.2. By placing an Order, the Buyer confirms that: they have read and agree with all the terms outlined in this Public Offer and unconditionally accept them; all actions taken by them will comply with the terms of this Agreement.
11.3. The Administration reserves the right to make changes to the text of this Agreement and/or its Appendices without prior notice. Changes to the Public Offer come into force upon publication and apply to any Orders placed after their publication.
11.4. The User undertakes to carefully read this Agreement. In case of disagreement with its terms, the User undertakes to immediately stop using the Website.
11.5. The Seller and the Buyer communicate using electronic mail, telephone communication (SMS, etc.), applications, announcements, and/or messages. The Buyer agrees that all messages, data, or other information provided electronically have legal force and are equivalent to documents made in writing.
11.6. By registering on the Website, the Buyer consents to receive updated information, newsletters with the latest news, new arrivals, special offers, and sale announcements through any means of communication, including electronic messages (email), SMS, etc.
11.7. If the Buyer wishes to unsubscribe from messages related to this Agreement/Website, they must contact the Support Service by phone or by sending an email to the address indicated on the Website with a request to unsubscribe. The request will be processed within 24 hours of receipt.
11.8. The Administration reserves the right to block the Buyer (deprive them of the ability to order and purchase goods), to file appropriate reports with law enforcement authorities, and to provide them with the Buyer’s data if any of the Buyer's actions, in the Seller’s opinion, show signs of fraud and may harm the interests of other Users/Buyers or third parties.
11.9. The court's recognition of any provision of the Agreement as invalid does not entail the invalidity of the other provisions of the Agreement.