Public offer agreement
General Provisions
1.1. This offer is an official proposal from FOP SELLER_NAME (account number ACCOUNT_NUMBER), hereinafter referred to as the "Seller," to enter into a Contract for the sale of goods remotely, i.e., through an online store, hereinafter referred to as the "Contract," and places a Public Offer (proposal) on the Seller's official website WEBSITE (hereinafter referred to as the "Website").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s proposal (acceptance) to enter into an electronic Contract for the sale of goods is considered to be the fact of payment by the Buyer of the order under the terms of this Contract, within the terms and at the prices indicated on the Seller’s Website.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the terms below have the following meanings:
* "Goods" - GOODS_DEFINITION;
* "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce," a means for presenting or selling goods, works, or services by concluding an electronic transaction.
* "Seller" - a company that sells goods presented on the Website.
* "Buyer" - an individual who has entered into a Contract with the Seller under the conditions outlined below.
* "Order" - the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the Contract
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.
This Contract governs the purchase and sale of goods in the Online Store, including:
- voluntary selection of goods by the Buyer in the Online Store;
- independent placement of an order by the Buyer in the Online Store;
- payment by the Buyer for the order placed in the Online Store;
- processing and delivery of the order to the Buyer under the terms of this Contract.
Order Placement Procedure
4.1. The Buyer has the right to place an order for any goods available on the Online Store Website and in stock.
4.2. Each item can be included in the order in any quantity.
4.3. In case of the absence of goods in stock, the company Manager is obliged to inform the Buyer (by phone or via email).
4.4. In the absence of goods, the Buyer has the right to replace them with goods of a similar model, refuse the specified goods, or cancel the order.
Order Payment Procedure
Cash on Delivery
5.1. Payment is made upon receipt of the goods at the transport company’s branch by cash payment in Ukrainian hryvnias.
5.2. If funds are not received, the Online Store reserves the right to cancel the order.
Order Delivery Terms
6.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where the orders are issued.
6.2. Together with the order, the Buyer is provided with documents in accordance with Ukrainian legislation.
Rights and Obligations of the Parties
7.1. The Seller has the right:
- to unilaterally terminate the provision of services under this Contract in case of violation by the Buyer of the terms of this Contract.
7.2. The Buyer is obliged:
- to timely pay for and receive the order under the terms of this Contract.
7.3. The Buyer has the right:
- to place an order in the Online Store;
- to enter into an electronic Contract;
- to demand that the Seller fulfill the terms of this Contract.
Liability of the Parties
8.1. The Parties are liable for non-fulfillment or improper fulfillment of the terms of this Contract in the manner provided by this Contract and applicable Ukrainian legislation.
8.2. The Seller is not liable for:
- changes in the appearance of the Goods made by the manufacturer;
- minor discrepancies in the color scheme of the goods, which may differ from the original goods solely due to the color rendering of individual personal computer monitors;
- the content and accuracy of the information provided by the Buyer when placing an order;
- delays and interruptions in the provision of Services (order processing and goods delivery) that occur for reasons beyond the Seller’s control;
- illegal actions performed by the Buyer using this Internet access;
- the transfer by the Buyer of their network identifiers - IP, MAC address, login, and password to third parties;
8.3. The Buyer, using the Internet access provided to them, is solely responsible for harm caused by their actions (personally, even if another person was using their login) to individuals or their property, legal entities, the state, or moral principles.
8.4. In the event of force majeure circumstances, the Parties are released from fulfilling the terms of this Contract. Force majeure circumstances refer to events of an extraordinary, unforeseen nature that exclude or objectively hinder the execution of this Contract, which the Parties could not foresee or prevent.
8.5. The Parties shall make every effort to resolve any disputes exclusively through negotiations.
Other Terms
9.1. The Online Store reserves the right to unilaterally amend this Contract, subject to prior publication on the WEBSITE
9.2. The Online Store is created to organize the remote sale of goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. By accepting (placing an order and making subsequent payment for the goods), the Buyer consents to the collection, processing, storage, and use of their personal data, as defined by the Law of Ukraine "On Personal Data Protection."
9.4. Payment by the Buyer for an order placed in the Online Store signifies the Buyer’s full agreement with the terms of the purchase and sale contract (public offer).
9.5. The actual date of the electronic transaction between the Parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce."
9.6. The use of the Online Store resource for previewing goods and placing orders is free of charge for the Buyer.
9.7. The information provided by the Buyer is confidential. The Online Store uses the Buyer’s information solely for the purposes of order processing, sending notifications to the Buyer, delivering goods, and conducting mutual settlements, etc.
Procedure for Returning Goods of Proper Quality
10.1. The return of goods to the Online Store is carried out in accordance with applicable Ukrainian legislation.
10.2. The return of goods to the Online Store is at the Buyer’s expense.
10.3. When the Buyer returns goods of proper quality, the Online Store refunds the amount paid for the goods upon receipt of the returned goods, minus compensation for the Online Store’s expenses related to the delivery of the goods to the Buyer.
Term of the Contract
11.1. The electronic contract is considered concluded from the moment the person who sent the proposal to enter into such a contract receives a response accepting this proposal, in the manner specified by Part Six of Article 11 of the Law of Ukraine "On Electronic Commerce."
11.2. This Contract may be terminated by mutual agreement of the Parties before the actual delivery of the goods by refunding the payment.
11.3. The Parties have the right to unilaterally terminate this Contract in case of non-fulfillment of its terms by one of the Parties and in cases provided by applicable Ukrainian legislation.
SELLER’S ADDRESS AND DETAILS:
SELLER_NAME
POSTAL_CODE, CITY, STREET, BUILDING_NUMBER
Account ACCOUNT_NUMBER at BANK_NAME
MFO BANK_MFO
TIN SELLER_TIN
Tel. PHONE_NUMBER