Public Offer Agreement
General Provisions
1.1. This offer is an official proposal of the sole proprietor Kovalchuk Olena Alekseevna, hereinafter referred to as the “Seller”, to conclude a Contract for the purchase and sale of goods remotely, i.e. through the Online Store, hereinafter referred to as the “Agreement”, and places the Public Offer (Proposal) on the Seller’s official website “https://perolite.com.ua (hereinafter referred to as the “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 purchase and sale of goods is considered the fact of payment by the Buyer for the order under the terms of this Agreement, within the terms and at the prices specified on the Seller’s website.
Concepts and definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "Goods" - models, accessories, components and accompanying items;
* "Online store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, work or services by means of an electronic transaction.
* "Seller" - a company that sells goods presented on the Internet site.
* "Buyer" - an individual who has concluded an Agreement with the Seller on the terms set out below.
* "Order" - a selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, 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:
- voluntary selection by the Buyer of goods in the Online Store;
- independent registration by the Buyer of an order in the Online Store;
- payment by the Buyer of an order placed in the Online Store;
- processing and delivery of the order to the Buyer in the ownership of the Buyer under the terms of this Agreement.
Order processing procedure
4.1. The Buyer has the right to place an order for any goods presented on the Online Store Website and available.
4.2. Each item can be presented in the order in any quantity.
4.3. If the goods are not in stock, the Company Manager is obliged to notify the Buyer (by phone or e-mail).
4.4. If the goods are not available, the Buyer has the right to replace it with a product of a similar model, refuse this product, cancel the order.
Order payment procedure
Postpayment
5.1. Payment is made upon receipt of the goods at the transport company's branch in cash in 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 orders are issued.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Rights and obligations of the parties:
7.1. The Seller has the right:
- unilaterally terminate the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.
7.2. The Buyer is obliged to:
- timely pay for and receive the order under the terms of this Agreement.
7.3. The Buyer has the right:
- place an order in the Online Store;
- draw up an electronic contract;
- demand that the Seller fulfill the terms of this Agreement.
Liability of the Parties
8.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of Ukraine.
8.2. The Seller is not liable for:
- appearance of the Goods changed by the manufacturer;
- for a minor discrepancy in the color scheme of the product, which may differ from the original product solely due to the different color transmission of personal computer monitors of individual models;
- for the content and truthfulness of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of Services (order processing and delivery of goods), which occur for reasons beyond the scope of his control;
- for unlawful illegal actions committed by the Buyer using this access to the Internet;
- for the transfer by the Buyer 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 exempted from fulfilling the terms of this agreement. For the purposes of this agreement, force majeure circumstances are understood to mean events of an extraordinary, unforeseen nature that exclude or objectively impede the performance of this agreement, 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.
Other conditions
9.1. The online store reserves the right to unilaterally make changes to this agreement subject to its prior publication on the website https://perolite.com.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 placing an order. At the same time, when accepting (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, within the meaning of the Law of Ukraine "On the Protection of Personal Data".
9.4. Payment by the Buyer of an order placed in the Online Store means the Buyer's full consent to the terms of the purchase and sale agreement (public offer)
9.5. The actual date of the electronic agreement 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. Using the Online Store resource to preview the goods, 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 solely for the purposes of processing the order, sending messages to the Buyer, delivering the goods, making mutual settlements, etc.
Procedure for returning goods of proper quality
10.1. The law does not provide for the return and exchange of this product of proper quality.
Term of the contract
11.1. An electronic contract is considered concluded from the moment the person who sent the offer to conclude such a contract receives a response on the acceptance of this offer in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Before the expiration of the term of validity, this Agreement may be terminated by mutual consent of the parties until the actual delivery of the goods, by returning the funds
11.3. The parties have the right to terminate this agreement unilaterally, in the event of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
We draw your attention to the fact that the online store "perolite.com.ua" on the official website https://perolite.com.ua, has the right, in accordance with the legislation of Ukraine, to grant the right to use the Internet platform to individual entrepreneurs and legal entities for the sale of goods.
