This Agreement is a public offer (proposal) of the services of Petcargo LLC (Limited Liability Company; hereinafter referred to as the "Contractor"), sent to an unlimited circle of persons for the acceptance (adoption) of the terms of the Agreement.
This Agreement is made in electronic form and contains all essential conditions, acceptance (adoption) of which gives the Agreement binding legal force in accordance with the current legislation of Ukraine, which is equivalent to an agreement concluded in writing without signing by the parties and without specifying the person who made the acceptance (adoption) of the Agreement.
Acceptance of the terms of the Agreement is the performance by the Customer of specific actions (actions aimed at fulfilling the terms of the Agreement), which are understood as payment for the Contractor's Services in the manner provided for by the Agreement. From this moment, the acceptance (adoption) of the Agreement is considered complete, without any exceptions and (or) reservations. Partial acceptance (adoption) of the terms of the Agreement is not allowed.
Before accepting the terms of the Agreement, namely, until the formation of the Order and payment for the Contractor's Services, each person must fully familiarize themselves with the terms of the Agreement. If a person has not read, understood or does not agree with the terms of the Agreement, then this person shall not confirm the Order and pay for the Contractor's Services. At the same time, the Customer guarantees that in accordance with the current legislation, the Customer is a fully capable person, which allows him to independently enter into transactions by acquiring the relevant rights and obligations, dispose of his property, and bear the responsibility provided for by law.
Terms and definitions
This Agreement includes the following terms and definitions:
|Software and hardware complex through which the Contractor provides Services, located on the Internet at the network address https://petcargo.com.ua|
|Messenger||Whatsapp, Telegram,Viber or Facebook software package for sending text, audio and video messages|
|Services||Set of actions provided for in the Agreement by the Contractor on behalf of the Customer on a paid basis.|
|Order||Task of providing the Services by the Contractor formed through the Website or the messenger and agreed by the Customer and the Contractor, reflecting the Customer's requirements for the ordered Services.|
All other terms and definitions found in the text of the Agreement are interpreted by the Parties in accordance with the legislation of Ukraine and the usual rules of interpretation of the relevant terms established on the Internet.
1.1. The Customer assigns, and the Contractor undertakes to provide Services to the Customer in accordance with the Order under the terms of this Agreement.
1.2. Under this Agreement, the Contractor provides the following types of Services:
1.2.1. Organization of animal transportation.
1.2.2. Organization of animal blood testing for rabies antibodies.
1.2.3. Organization of temporary residence of the animal.
1.2.4. Additional work on preparation of documents for animal transportation.
1.2.5. Providing a transport box for transportation.
1.3. Description of services, types of work, as well as their execution procedure are indicated on the pages of ordering specific Services on the Website.
1.4. Provision of additional services not specified in clause 1.2 of the Agreement, as well as the provision of Services not provided for by the Order, is carried out in agreement with the Contractor.
2.1. The contractor undertakes to:
2.1.1. Provide high-quality services.
2.1.2. Provide services on time and at the prices specified in the order agreed by the Customer and the Contractor.
2.1.3. Adhere to the requirements of the legislation of the respective countries in which the services are provided in accordance with this Agreement.
2.1.4. Inform the Customer in a timely manner about the possible adverse consequences for the Customer of fulfilling the requirements expressed in the Order or other circumstances that do not depend on the Contractor, which may affect the quality of Services or make it impossible to provide Services on time, and before receiving instructions from the Customer to suspend the provision of Services.
2.1.5. After performing the services on the Order, send the Customer a notification about the completion of the Services in the same way as when approving the application, as well as in addition by any convenient communication channel. The order is considered completed, and the Service is fully rendered, if the Customer does not declare otherwise within 3 days after the notification.
2.2. The customer undertakes to:
2.2.1. Timely coordinate the Order and pay for the Services in the manner and on the terms of this Agreement.
2.2.2. Be available for communication with the Contractor during the entire period of Service provision. Timely and fully respond to the Contractor's questions related to the execution of the Order.
2.2.3. Not violate veterinary requirements and other rules when forming an Order. The customer is solely responsible for the instructions to the Contractor specified in the Order, which are associated with the provision of false, incomplete or erroneous data or violation of the property rights of third parties. Compensate for the additional costs of the contractor for the settlement of legal issues and veterinary services of animals in case of occurrence, according to the receipts.
2.2.4. Provide the Contractor with all necessary documents, materials, and information for the provision of Services.
2.2.5. Implement the recommendations on the preparation of an animal to move, flight.
2.3. The Contractor has the right to:
2.3.1. Not to start providing Services, but to suspend Services already provided in cases where the Customer violates its obligations under this Agreement, which creates obstacles to the execution of the Agreement by the Contractor.
2.3.2. Independently determine the means and methods of providing Services.
2.3.3. Request from the Customer information and materials necessary for the successful provision of Services.
2.3.4. Refuse the Customer to implement requirements that are not provided in the Services. All additional requirements for Services are implemented at the discretion of the Contractor.
2.3.5. Refuse to change the agreed Order to the Customer if the Customer's request for a change is not reasoned and justified.
2.3.6. If this is necessary to preserve the animal's health, make your own decision and seek veterinary help from a specialist. The Customer is informed via the communication channels agreed in the Order as soon as possible.
2.3.7. not respond to the Customer's requests about the progress of Services if such requests are sent more than 1 (one) time in 24 hours, unless otherwise agreed in the Order.
2.3.8. Increase the term of Services and their cost when the Customer makes changes to the order already received by the Contractor.
2.4. The customer has the right to:
2.4.1. Propose changes to the agreed order if the Customer’s requirement is clearly motivated.
2.4.2. After the provision of the Services, obtain supporting accounting documents.
2.4.3. After prior agreement with the Contractor and payment of possible costs of the Contractor, make adjustments to the Order.
2.4.4. Request information from the Contractor about the course of rendering Services, but not more often than 1 (one) time in 24 hours, unless otherwise provided in the Order.
3.1. The Contractor provides Services based on the data specified by the Customer in the Order.
3.2. The Customer determines the type of Services that will be provided to him by the Contractor in the process of communicating with the Contractor's manager. As a result of negotiations, the manager prepares an Order for mutual approval. The Order is sent and signed electronically. An order provided with comments from the Customer and the Contractor "Terms agreed" is considered duly signed and agreed.
3.3. The Order must contain complete and reliable contact information necessary for interaction between the Contractor and the Customer.
3.4. The Contractor provides the services specified in the Order after receiving the entire payment for Services from the Customer, unless otherwise provided in the Order.
3.5. The Contractor specifies the main requirements for the Services, as well as the necessary information for the proper provision of Services.
3.6. The requirements for the Services must be implemented within the framework of the relevant legislation.
3.7. The Customer understands and accepts that the provision of Services and interaction between the Customer and the Contractor will be made in accordance with the requirements and contact details specified by the Customer in the Order. The Customer's account in the messenger or email used for order approval is personalized and is inherently linked to the Customer. The customer must not allow the specified account to be used by a third party.
3.8. The Customer agrees, by sending the agreed Order to the Contractor, that the information specified in the Order is his will in the form in which it is received and perceived by the Contractor. The order is accepted the Contractor in the form of "as is". The Contractor is not responsible for errors, inaccuracies and incompleteness of the data specified in the Order. All additional requirements that are not included in the Order can be agreed with the Contractor separately and are implemented at the discretion of the Contractor.
3.9. The payment for services completes the order formation process, calculated based on the type of services selected by the Customer in the order and under the terms of the Agreement.
4.1. Contractor begins the provision of Services from the moment of receipt of the Order and payment for the Services.
4.2. Animals transferred to the Contractor must be vaccinated in accordance with veterinary rules. Vaccinations and procedures performed by animals should be displayed in the accompanying veterinary documents.
4.3. Animals that are handed over for delivery or temporary maintenance must be healthy, active and clean, unless otherwise specified. The Contractor provides the Customer with a report on the provision of the Services no later than 3 (three) business days from the date of the actual execution of the Order.
4.4. Terms of Service delivery may be changed by the Contractor unilaterally based on the complexity of the requirements for the Service expressed by the Customer in the Order.
4.5. Unless otherwise provided, the Contractor shall provide the Customer with a report on the provision of the Services no later than 3 (three) business days from the date of the actual execution of the Order.
4.6. If the Customer sends a reasoned claim, the parties are obliged to fix the list of shortcomings of the services provided by the Contractor within 3 (three) working days from the date of receipt by the Contractor.
4.7. The result of the provision of Services transferred to the Customer, provision of Services shall be deemed completed after appropriate confirmation by the Customer, and if within 3 (three) calendar days after sent to the Customer for approval the terms of no motivated refusal of the Customer sent to the matching result of the Services shall be considered accepted by the Customer.
5.1. Prices for services are determined by the Contractor and specified in the Order.
5.2. These prices for services do not include VAT.
5.3. Final cost of services, at the request of the Customer, may include an additional payment for urgency.
5.4. Customer pays for services in the order of 100% prepayment in the amount specified in the Order.
5.5. If the volume of requirements in the Order exceeds the standard amount of the Contractor's work for a specific Service, the Contractor, in agreement with the Customer, issues an additional invoice for payment.
5.6. Current payment methods for the Contractor's services are indicated on the Website.
5.7. All payments between the Contractor and the Customer are made in Ukrainian hryvnias (UAH).
5.8. Prices for Services can be changed unilaterally by the Contractor, while the price for the ordered Services is not subject to change.
5.9. If the task set by the Customer in the Order turns out to be unrealizable, the Contractor returns to the Customer the cost of the paid Service minus the cost of the services actually rendered by the Contractor (if any).
6.1. Customer agrees that he is not entitled to perform actions aimed at:
6.1.1. Use of the Services for any illegal or prohibited purpose.
6.1.2. Misleading someone by appropriating someone else’s property or obtaining the Services of the Contractor, or other actions, with the aim of intentionally causing losses to the Contractor and (or) third parties or for personal gain.
7.1. The Contractor and the Customer shall be liable in accordance with the current legislation of Ukraine for non-performance or improper performance of their obligations under this Agreement.
7.2. If the Contractor violates the terms of this Agreement, the Contractor guarantees a full refund to the Customer.
7.3. The Contractor shall not be liable for the Customer's claims to quality and other circumstances beyond the Contractor's competence, including, but not limited to, for postponing the date of rendering Services due to failures, delays of airlines involved in the delivery of the animal, critical temperature changes, actions of employees of state institutions, as well as illegal actions of third parties in terms of air transportation of the animal, the Contractor's responsibility coincides with the responsibility of the airline that carries this animal.
7.4. The Contractor is responsible for the health and safety of the transported animals. The Contractor undertakes to comply with veterinary, transport and other requirements imposed by law for the transportation of animals.
7.5. In cases where the result of the Services provided by the Contractor at the Customer’s request will violate the rights of third parties and such a violation is caused by the materials provided by the Customer or the Customer’s direct instructions, the responsibility and damages, as well as other negative consequences of such violations, are assigned to the Customer, and the Customer is obligated to immediately enter into a dispute instead of the Contractor or on the side of the Contractor, as well as compensate the Contractor for any costs associated with these disputes, including any legal costs, fines, penalties for judicial decisions of third parties.
7.6. The Contractor is not responsible in the event of an animal's illness that occurred for reasons beyond the Contractor's control or as a result of stress in the animal caused by a change of environment, separation, or emotional stress.
7.7. The Customer undertakes to compensate the Contractor for all losses and costs incurred as a result of the Customer's violation of this Agreement, any applicable law, or causing damage to third parties.
7.8. Unless otherwise specified in the application, the Contractor's liability by default is 4,000 hryvnias for transporting cats and 8,000 hryvnias for transporting dogs, 3,000 hryvnias for transporting all other types of animals.
7.9. The Contractor disclaims all warranties, express or implied, that the result of the blood tests performed will meet the Customer's expectations.
7.10. Under no circumstances shall the Contractor be liable for any direct, indirect, penal, tax or other losses, lost profits or any other damage associated with obtaining the Contractor's Services.
7.11. The Customer is solely responsible for the completeness and relevance of the information provided to the Contractor and the health status of the transferred animal.
7.12. The Contractor shall not be liable for an increase in the deadline for delivery of works based on objective reasons for such an increase, as well as for any other reasons that affect the deadline without the Contractor's will.
8.1. Settlement of any disputes between the Customer and the Contractor is possible after sending the Customer’s appeal to the email address email@example.com.
8.2. Contractor undertakes to respond to the request within 72 hours after receiving it.
8.3. Disputes that are not settled by mutual consent between the Contractor and the Customer are subject to resolution by the claim procedure, and if they are not resolved in court in accordance with the current legislation of Ukraine.
8.4. Disputes between the Contractor and the Customer are resolved in court at the location of the Contractor.
9.1. By submitting his personal data, the Customer agrees to the use, processing and transfer of his personal data exclusively within the framework of the Law of Ukraine "On the Protection of Personal Data" from 01.06.2010 No. 2297-VI for the purposes and within the framework of this Agreement.
9.2. The purpose of collecting personal data is to maintain communication and fulfill the Order.
9.3. By submitting his personal data, the Customer agrees to receive information from the Contractor by e-mail and through instant messengers.
10.1. A force majeure means such events that are beyond the control of the parties and in the case of which the fulfillment of the obligations of this Agreement becomes impossible.
10.2. If force majeure circumstances occur and prevent the parties from fulfilling their obligations in a timely manner, then parties in such extreme conditions are relieved of their duties until the termination of the force majeure circumstances provided that the party exposed to force majeure circumstances immediately notifies the other side of what happened with a detailed description of these conditions.
11.1. This agreement applies only to regulate the relationship between the Contractor and the Customer.
11.2. In cases directly stipulated in the Order, when ordering certain services of the Contractor, the services may be provided free of charge.
11.3. Information about current veterinary and customs requirements is provided free of charge upon request.
12.1. The Customer has the right to post information about the services received only with the consent of the Contractor.
12.2. The terms, cost, procedure for performing services, accompanying documents, forms and forms used in the provision of Services are of commercial value to the Contractor, and such information is not subject to distribution without the consent of the Contractor.
12.3. The replication, distribution or posting of the result of the Services or its elements on other sites is allowed only with the written consent of the Contractor.
12.4. The Contractor has the right to post information about the Services provided to the Customer only with the consent of the Customer.
13.1. This Agreement comes into force from the moment of its acceptance (adoption) by the Customer and is valid until the parties fulfill all their obligations.
13.2. Early termination of the Agreement may take place by agreement of the parties, subject to reimbursement of the expenses incurred by the other party at the time of actual termination of the Agreement, or on the grounds provided for by the current legislation of Ukraine.
13.3. If one of the parties violates the terms of this Agreement, the other party has the right to unilaterally terminate the Agreement by notifying the other party in advance.
13.4. If the parties determine that it is impractical or impossible to continue providing Services or that a negative result is unavoidable, the interested party shall submit a proposal for early termination of this Agreement.
13.5. In the case that the Customer's fault for the delay of provision of Services (the Customer does not communicate and ignores the Performer), and Services not provided within 30 (thirty) calendar days from the date of submission of the Order, the Contractor reserves the right to refuse further performance of the Order, with the result of the provision of Services is automatically recognized as final, and the funds for the provision of Services are going to pay for actually rendered by the Contractor and shall not be returned to the Customer.
13.6. The Contractor reserves the right to make changes to the Agreement at any time at its sole discretion. The contractor is not obliged to notify the Customer of such changes. Any changes to this Agreement come into effect immediately after they are posted on this page and apply to all orders of the Contractor's Services made after the entry into force of these changes.
13.7. At each subsequent visit to the Website, the Customer undertakes to read the new version of the Agreement before starting a new application. Continued use of the Website will mean that the Customer agrees to the terms of the new version of the Agreement.
14.1. For matters not provided for in this Agreement, the Parties shall be governed by the current legislation of Ukraine.
14.2. In the case of a conflict of terms and conditions for the provision of the Services posted on the Website with the terms of this Agreement, the terms and conditions for the provision of the Services indicated on the Website have great legal force (due to the application of special rules).
14.3. If the User has any questions about their legal rights and obligations, or if they do not understand the terms of the Agreement or the applicable law, the User should consult a qualified professional before accepting this Agreement.
14.4. The User confirms that they have carefully studied the terms of this Agreement, the Services agreement, and applicable legislation, and are aware of the risks and costs associated with using the Services.
14.5. Document flow with the Customer is carried out in electronic form via e-mail or messengers. A paper version is available on request.
Limited Liability Company "Petcargo"
Legal address: 45400, Ukraine, Volyn region, Novovolynsk, Vinnychenko street, 1
Actual address: office No. 54, building No. 3, St. Vladimir street, Novovolynsk, Volyn region,Ukraine, 45400
Telephone: +380737737737, +380673629643
Payment account: UA763034400000026009055532175
Bank: Branch JSC CB "PRIVATBANK", 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE