Terms / Conditions
1. General provisions
- The relationship between the Platform Visitors and the Contractor shall be based on the Public Offer Agreement.
- The Public Offer Agreement is a public agreement governed by Articles 633, 641 of the Civil Code of Ukraine.
- The terms of a public contract are the same for everyone.
- By purchasing the electronic Goods of the Contractor, you accept the terms of this Agreement and confirm that you have read it and agree to its terms.
- The terms used in the Agreement have the following meanings:
- The Platform is the official web page of the Contractor located on the Internet, where the Contractor places information about its electronic goods, their cost, and the method of receipt. By using a specific offer, the Platform Visitor accepts the terms of this Agreement.
- The Platform Visitor shall mean any individual who purchases the electronic goods of the Contractor, pays for the electronic goods to the Contractor's bank account, thus expressing the intention to accept this Agreement.
- Goods - electronic products sold by the Contractor for the benefit of the Platform Visitors, the list, description and cost of which are indicated exclusively on the Platform in the form of offers, publications or posts.
- Acceptance of the Agreement - the acceptance of this Agreement means payment for the electronic Goods of the Contractor according to the announcement or publication posted on the Platform.
- This Agreement is a public contract that is considered to be concluded between the Contractor, on the one hand, and the Platform Visitor, on the other, from the moment the latter accepts all the terms and conditions of this Agreement and its Annexes without exception.
- Under this Agreement, the Contractor shall sell the electronic Goods to the Platform Visitor, and the Platform Visitor shall accept the electronic Goods and pay for them in the manner and on the terms and conditions specified in this Agreement and the legislation of Ukraine.
- Trade in electronic Goods under this Agreement shall be carried out in accordance with the norms of the current legislation of Ukraine and the agreements of the Parties.
- The electronic Goods shall be used in accordance with the Visitor's payment for the electronic Goods, accepts the terms of this Agreement and receives the electronic Goods specified in this Agreement; by failing to pay for the electronic Goods, the Visitor withdraws from the Agreement and from the electronic Goods provided by the Contractor.
- It is prohibited to use the electronic Goods under this Agreement as collateral or credit
- The Platform visitor shall contact the Contractor by any convenient means of communication published on the Platform and accept the terms and conditions in the published announcement or publication or offer of the Contractor, as well as in this Agreement.
- The Visitor fills out an application in the Contractor's online store, where he indicates his personal data: full name, phone number, e-mail address, payment method.
- Upon receiving an application from the Platform Visitor, the Contractor shall notify him/her of the terms of the Agreement and obtain consent to the processing of personal data (including verbally), send bank account details for payment of the amount of electronic Goods announced in the publication or on the Platform.
- Payment for electronic Goods can be made using third-party payment systems that are connected to the Platform.
- The currency in which the payment for the electronic Goods is made differs depending on the country and region in which the Visitor is located.
- By paying for the electronic Goods, the Visitor accepts the terms of this Agreement and receives the electronic Goods specified in this Agreement; by failing to pay for the electronic Goods, the Visitor withdraws from the Agreement and the electronic Goods provided by the Contractor.
- Payment for the Goods provided for in subpara. C of clause 1.5. of this Agreement shall be made as follows:
- Prepayment in the amount of 100% according to the details that the Contractor sends to the Visitor's e-mail specified when purchasing the Goods.
- Payment in the manner provided for in clause 3.3.2. of this Agreement.
- The Contractor undertakes to:
- sell the selected electronic Goods to the Platform Visitor;
- send the electronic Product and instructions for this Product to the Visitor to the e-mail specified during the purchase;
- provide the ability to pay for electronic Goods to a bank account;
- provide the Platform Visitor with full information about the electronic Goods, their content, as well as provide information about the Contractor for filing complaints or claims;
- familiarize with the terms of this Agreement and obtain permission to process personal data (including orally).
- The Contractor has the right to:
- unilaterally amend the Agreement;
- make changes to the information, list and cost of the electronic Goods at its sole discretion unilaterally;
- The visitor undertakes:
- comply with all terms and conditions of this Agreement;
- familiarize yourself with the information about the electronic Goods of the Contractor;
- accept the electronic Goods of the Contractor;
- pay for the electronic Goods of the Contractor;
- The visitor has the right to:
- require the Contractor to fulfill the terms and conditions of this Agreement;
- order electronic Goods from the Contractor;
- receive full information about the electronic Goods of the Contractor, their price and other information.
- After payment for the electronic Goods, this Goods will be available on the e-mail address of the Visitor specified during the purchase
- The purchased electronic Goods must be activated in accordance with the instructions sent by the Contractor together with the electronic Goods.
- Activated electronic Goods are available within 30 seconds.
- The Electronic Goods of good quality, which are specified in subparagraph C of paragraph 1.5. of this Agreement, are consumer electronic goods, and accordingly, the Electronic Goods are not subject to exchange (return) in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine No. 172 "On Implementation of Certain Provisions of the Law of Ukraine "On Protection of Consumer Rights" dated 19.03.94.
- The Electronic Goods of inadequate quality shall be subject to return and/or exchange in accordance with the provisions of the Law of Ukraine "On Protection of Consumer Rights", if all consumer properties of the Goods have been preserved, and the Electronic Goods have not been activated or used.
- In case of non-fulfillment or improper fulfillment by the Parties of their obligations under the terms of this Agreement, the Parties shall be liable as provided by the laws of Ukraine and this Agreement.
- The Contractor shall not be liable for any damage caused to the Platform Visitor as a result of improper use of the purchased electronic Goods.
- The Contractor shall not be liable for the loss or theft of the electronic Goods purchased by the Visitor on the Platform.
- The Contractor shall not be liable for the action or inaction of a particular seller of electronic Goods.
- In cases not provided for in this Agreement, the Parties shall be liable in accordance with the applicable laws of Ukraine
- The Platform Visitor and the Contractor agree to resolve disputes through negotiations and consensus.
- In case of failure to reach a consensus within 30 calendar days, the Platform Visitor shall have the right to file a complaint with any state authority competent to consider such complaints.
- In case of impossibility to resolve the dispute in accordance with clauses 7.4, 7.5, the Platform Visitor has the right to apply exclusively to the court at the location of the Contractor.
- This Agreement shall enter into force upon its acceptance by the Platform Visitor and shall remain in force until the Parties have finally fulfilled their obligations under the Agreement.
- This Agreement may be unilaterally terminated prior to its expiration in cases provided for by the terms of the Agreement.
- The Parties shall be released from liability for partial or complete non-fulfillment or improper fulfillment of obligations under the Agreement if they are the result of force majeure (fire, flood, earthquake, natural disaster, war and other force majeure circumstances), and if these circumstances directly affected the performance of the Agreement, the performance shall be extended accordingly for the period during which these circumstances were in force.
- If the force majeure circumstances continue for more than three months, each of the Parties shall have the right to refuse to further fulfill its obligations under the Agreement, and in this case the Agreement shall be deemed terminated if the Parties agree on the legal consequences under all terms of this Agreement.
- This Agreement sets forth all terms and conditions agreed upon between the Parties with respect to its subject matter and supersedes all prior agreements, representations and understandings of any kind between the Parties with respect to its subject matter.
- The Agreement may be unilaterally amended and/or supplemented by the Contractor at any time without prior and/or subsequent notice to the Customer. Amendments to the Agreement will be published with the date of the last update. The Customer shall be deemed to have been notified of the amendments and/or additions made to the Agreement from the moment such amendments are published on the Platform.
- The invalidity, illegality or unenforceability of any provision of this Agreement shall not invalidate or affect the further legal effect of any other provisions of this Agreement.
- Unless otherwise specified in this Agreement, all notices shall be sent to the addresses specified in this Agreement or the Platform.
- The Parties confirm that if any provision of this Agreement becomes or is declared invalid due to non-compliance with the law, such provision shall not entail the invalidation of any other provision of this Agreement or the Agreement as a whole. In this case, the Parties shall take measures to amend the Agreement as soon as possible to the extent necessary to replace the invalid provision so that the amended provision is legal and in essence preserves the original intentions of the Parties.