PUBLIC OFFER AGREEMENT
1. General provisions
1.1. The real offer is the official offer of FOP Naumov Vitaliy Serhiyochy, hereinafter referred to as the “Seller”, to enter into an Agreement for the purchase and sale of goods remotely, i.e. through the Internet store, hereinafter referred to as the “Agreement”, and places the Public Offer (offer) on the official website of the Seller https://christmas-tree.in.ua/, (hereinafter - "Website").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact of payment by the Buyer of the order under the terms of this Agreement, within the time and at the prices indicated on the Seller's Internet site.
2. Concepts and definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* "Product" - models, accessories, components and accompanying items;
* "Internet store" - in accordance with the Law of Ukraine "on electronic commerce", a means for presenting or selling a product, work or service by means of an electronic agreement.
* "Seller" is a company that sells goods presented on the Internet site.
* "Buyer" is a natural person who entered into an Agreement with the Seller under the conditions set forth below.
* "Order" - selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.
3. Subject of the contract
3.1. The Seller undertakes to hand over the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the online store, including:
– the Buyer's voluntary choice of goods in the online store;
- self-registration of the order by the Buyer in the online store;
– payment by the Buyer of the order placed in the online store;
- processing and delivery of the order to the Buyer under the terms of this Agreement.
4. Order registration procedure
4.1. The buyer has the right to place an order for any product presented on the Online Store Site and available.
4.2. Each item can be represented in the order in any quantity.
4.3. If the goods are not in stock, the Company Manager is obliged to inform the Buyer (by phone or e-mail).
4.4. If the product is not available, the Buyer has the right to replace it with a product of a similar model, refuse this product, cancel the order.
5. Order payment procedure
Postpaid
5.1. Payment is made upon receipt of the goods at the branch of the transport company for cash settlement in hryvnias.
5.2. If funds are not received, the online store reserves the right to cancel the order.
6. Terms of order delivery
6.1. Goods purchased in the online store are delivered to the warehouses of transport companies, where orders are issued.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
7. Rights and obligations of the parties
7.1. The seller has the right to:
- to unilaterally terminate the provision of services under this contract in case the Buyer violates the terms of this contract.
7.2. The buyer is obliged to:
- to pay and receive the order in a timely manner under the terms of this contract.
7.3. The buyer has the right to:
- place an order in the online store;
- draw up an electronic contract;
- to require the Seller to fulfill the terms of this Agreement.
8. Liability of the parties
8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this contract in the manner stipulated by this contract and the current legislation of Ukraine.
8.2. The seller is not responsible for:
– the appearance of the Product changed by the manufacturer;
– for a slight discrepancy in the color range of the product, which may differ from the original product solely due to different color rendering of personal computer monitors of individual models;
- for the content and truthfulness of the information provided by the Buyer when placing the order;
– for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond its control;
– for unlawful and illegal actions carried out by the Buyer using this access to the Internet;
- for the Buyer's transfer of his network identifiers - IP, MAC address, login and password to third parties;
8.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
8.4. In the event of force majeure, the parties are released from fulfilling the terms of this contract. Circumstances of force majeure for the purposes of this contract mean events of an extraordinary, unforeseen nature, which exclude or objectively interfere with the performance of this contract, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The parties shall make every effort to resolve any disagreements exclusively through negotiations.
9. Other conditions
9.1. The online store reserves the right to unilaterally make changes to this contract, provided that it is previously published on the website https://christmas-tree.in.ua/
9.2. The online store was created to organize a remote method of selling goods via the Internet.
9.3. The buyer is responsible for the accuracy of the information specified when ordering information. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, and use of his personal data, in the sense of the Law "On the Protection of Personal Data".
9.4. Payment by the Buyer of the order made in the online store means the Buyer's full agreement with the terms of the sales contract (public offer)
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"
9.6. The use of the online store resource to preview the product, as well as to place an order for the Buyer, is free of charge.
9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purpose of processing the order, sending messages to the Buyer, delivering goods, making mutual payments, etc.
10. The procedure for returning goods of appropriate quality
10.1. The return of goods to the online store is carried out in accordance with the current legislation of Ukraine.
10.2. The return of the goods to the online store is carried out at the expense of the Buyer.
10.3. When the Buyer returns the product of proper quality, the Online Store will return the amount paid for the product upon the fact of returning the product, minus compensation for the Online Store's costs related to the delivery of the product to the Buyer.
11. Term of validity of the contract
11.1. An electronic contract is considered to have been concluded from the moment the person who sent the proposal to conclude such a contract receives a response about the acceptance of this proposal in the manner determined by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Prior to the expiration of this Agreement, this Agreement may be terminated by mutual consent of the parties prior to the actual delivery of the goods, by refunding money.
11.3. The parties have the right to terminate this agreement unilaterally, in case of non-fulfillment of the terms of this Agreement by one of the parties and in the cases stipulated by the current legislation of Ukraine.
