Exchange and return

Return and replacement of goods sent by LLC “UKRAGROCHIMTRADE” TM PROPECS is carried out by the buyer by returning the goods by the delivery service or by prior agreement of the parties, the goods can be returned at the place of pickup at the address: 154D Akademika Zabolotnoho St., Kyiv.

The money shall be returned by transfer to the Buyer’s current account. Before sending the goods, the buyer must contact the seller in any convenient way (phone or e-mail) and discuss the terms of shipment and determine the name of the recipient of the goods. The funds are returned to the current account/card within 7 business days after the decision to return.

If the reason for the return or replacement was the improper quality of the goods, then the payment for the return shipment is taken over by UKRAGROCHIMTRADE LLC TM PROPECS.

If the purchased goods were of good quality and the buyer picked them up from the delivery service courier, but the goods did not suit the buyer for some reason within 14 days of receipt, the buyer is responsible for return shipment and money transfer (cash on delivery).

Bulk and liquid goods in which the original packaging is damaged cannot be exchanged. Goods in aerosol packaging are not subject to exchange (return) according to the list of goods of good quality, the return of which is limited by the decision of the Cabinet of Ministers of Ukraine (Resolution No. 172 of March 19, 1994).

The exchange or return of goods shall be carried out in accordance with the current legislation.

Article 8. of the Law of Ukraine “On Protection of Consumer Rights”

Consumer rights in case of purchase of goods of inadequate quality

1. In case of detection of defects during the established warranty period, the consumer, in the manner and within the time limits established by law, has the right to demand:

1) proportional reduction of the price;

2) free elimination of defects in the goods within a reasonable time

3) reimbursement of the costs of eliminating defects in the goods.

In case of detection during the established warranty period of significant defects that arose through the fault of the manufacturer of the goods (seller, contractor), or falsification of the goods, confirmed, if necessary, by an expert opinion, the consumer, in the manner and within the time limits established by law and on the basis of rules or agreements binding on the parties, has the right to demand from the seller or manufacturer

1) to terminate the contract and return the amount of money paid for the goods;

2) demand replacement of the goods with the same goods or with similar goods from among those available to the seller (manufacturer).

2. With regard to non-food products that were in use and sold through retail commission trading enterprises, the consumer’s claims referred to in part one of this Article shall be satisfied with the consent of the seller.

In accordance with this part, consumer claims for goods for which the warranty period has not expired shall be satisfied.

3. The consumer’s requirements set forth in part one of this Article shall be presented, at the consumer’s choice, to the seller at the place of purchase of the goods, to the manufacturer or enterprise that satisfies these requirements at the consumer’s location.

The consumer shall have the right to make one of the claims provided for in part one of this Article, and in case of its non-fulfillment, to make another claim provided for in part one of this Article.

The said requirements shall also be satisfied at the location of the consumer by trading enterprises and branches established by the seller’s owner that sell similar goods purchased by the consumer, or by enterprises that are entrusted with these functions under a contract. The functions of representatives of manufacturers are performed by their representative offices and branches established by manufacturers for this purpose, or by enterprises that meet these requirements on the basis of an agreement with the manufacturer.

4. During the sale (realization) of goods, the seller and the manufacturer shall inform the consumer about the enterprises that meet the requirements established by parts one and three of this Article. Failure to provide such information shall be punishable in accordance with Articles 15 and 23 of this Law.

5. The seller, manufacturer (enterprise that satisfies the requirements of the consumer set forth in part one of this Article) shall accept goods of inadequate quality from the consumer and satisfy his/her requirements.

Delivery of large-sized goods and goods weighing more than five kilograms to the seller, manufacturer (enterprise that satisfies the requirements of the consumer established by part one of this article) and their return to the consumer shall be carried out at the expense of the seller, manufacturer (enterprise that satisfies the requirements of the consumer established by part one of this article).

6. If the goods are available, the consumer’s request for their replacement shall be immediately satisfied, and if there is a need for a quality check – within fourteen days or as agreed by the parties.

In the absence of the goods, the consumer’s request for their replacement shall be satisfied within two months from the date of submission of the relevant application. If it is not possible to satisfy the consumer’s request for replacement of the goods within the prescribed period, the consumer may, at his/her option, submit to the seller, manufacturer (enterprise performing their functions) other requirements provided for in paragraphs 1, 3, 4, 5 of part one of this Article.

7. When replacing a defective product with a product of a similar brand (model, article, modification) of good quality, the price of which has changed, the cost is not recalculated.

When replacing a defective product with the same product of another brand (model, article, modification) of good quality, the cost of the defective product shall be recalculated, in the event of an increase in price, based on its cost at the time of exchange, and in the event of a decrease in price, based on the cost at the time of purchase.

Upon termination of the agreement, settlements with the consumer in the event of an increase in the price of the goods are made on the basis of their value at the time of the relevant claim, and in the event of a decrease in the price – on the basis of the value of the goods at the time of purchase. The money paid for the goods shall be returned to the consumer on the day of termination of the agreement, and if it is impossible to return the money on the day of termination of the agreement, at another time agreed upon by the parties, but not later than within seven days.

8. If the consumer makes a claim for free elimination of defects in the goods, they must be eliminated within fourteen days from the date of its submission or, by agreement of the parties, within another period.

At the written request of the consumer, a product of a similar brand (model, article, modification) is provided (with delivery) for the duration of the repair, regardless of the model. For this purpose, the seller, manufacturer (enterprise that satisfies the requirements of the consumer established by part one of this article) shall create (have) an exchange fund of goods. The list of such goods shall be determined by the Cabinet of Ministers of Ukraine.

For each day of delay in fulfilling the requirement to provide goods of a similar brand (model, article, modification) and for each day of delay in eliminating defects beyond the established period (fourteen days), the consumer shall be paid a penalty in the amount of one percent of the value of the goods, respectively.

If the defects are eliminated by replacing a component part or component part of the goods for which the warranty period is established, the warranty period for the new component part and component part shall be calculated from the date of delivery of the goods to the consumer after repair.

9. The consumer has the right to demand that the manufacturer (seller) eliminate defects in the goods free of charge after the expiration of the warranty period.

This claim may be made within the specified service life, and if it is not specified, within ten years, if the goods have been found to have defects (material defects) caused by the manufacturer’s fault. If this claim is not satisfied within the time limits provided for in part nine of this Article, the consumer has the right to make other claims to the manufacturer (seller) at his/her option, in accordance with part one of this Article.

10. Consumer claims are considered upon presentation of a payment document by the consumer, and, in the case of goods with a warranty period, a technical passport or other document that replaces it, with a mark on the date of sale.

When selling goods, the seller is obliged to issue to the consumer a payment document of the prescribed form certifying the fact of purchase, with a mark on the date of sale, or to reproduce on the display of the software registrar of payment transactions (display of the device on which the software registrar of payment transactions is installed) a QR code that allows a person to read it and identify it with the payment document according to the structure of the data contained therein, or to send an electronic payment document to the subscriber’s subscriber account provided by the consumer.

The settlement document must be issued or created in electronic form no later than the moment of transfer of the goods (services).

If the consumer loses the technical passport or other document that replaces it, they shall be restored in accordance with the procedure established by law.

11. The manufacturer is obliged to reimburse all losses of the seller (the company that satisfies the consumer’s requirements established by part one of this article), which considers the consumer’s claim to the purchased goods.

The seller (manufacturer) of goods is obliged to reimburse the enterprise performing its functions for the losses incurred in connection with the satisfaction of consumer claims under this Article within one month.

12. The requirements set forth in part one of this Article with respect to goods manufactured outside Ukraine shall be satisfied at the expense of the seller (importer).

13. The consumer’s claims provided for in this Article shall not be subject to satisfaction if the seller, manufacturer (enterprise that satisfies the consumer’s claims established by part one of this Article) proves that the defects of the goods arose as a result of the consumer’s violation of the rules for using the goods or their storage. The consumer has the right to participate in the quality control of the goods in person or through his/her representative.