Public offer agreement
Terms
1.1. This agreement between the sellers specified in the section of the site " Consumer information board " hereinafter "Seller" and the user of the services of the Internet site https://motolux.ua/ , hereinafter - "Buyer", acts with the purpose of purchase of the Product , accepts the terms of this Purchase and Sale Agreement (hereinafter referred to as the Agreement) on the following terms.
1.2. Contractual relations between the seller and the buyer are formalized in the form of a Public offer agreement. Clicking on the website of https://motolux.ua/ button "Place order" means that the Buyer, regardless of status (natural person, legal entity, individual entrepreneur), in accordance with current international and Ukrainian by law, has taken into consideration the conditions of the Public Offer Agreement, which are set out below.
1.3. The contract of public offering is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (natural person, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure of ordering, payment and delivery of the goods by the Seller.
1.4. This Agreement shall enter into force on the moment of clicking on the "Place order" button, by which the Buyer agrees to make the purchase of the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and settles them fully.
1.5. To regulate the contractual relations under the Agreement, the Parties select and, if necessary, apply the Ukrainian legislation. If an international treaty, the consent of which is provided by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, then the rules of the international treaty apply.
1.6. By entering into the Contract (ie accepting the terms of this offer agreement by executing the Order), the Buyer confirms the following:
Concepts and definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
Scope of the contract
3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of an Order issued by the Buyer on the corresponding page of the Online Store https://motolux.ua/ , and the Buyer undertakes on the terms and in the order specified in this Agreement, to buy the Goods and pay money for it.
3.2. The Seller warrants that the Goods are not pledged, are not subject to dispute, are not under arrest, nor are they entitled to any third party rights.
3.3. The Seller and Buyer confirm that the current Contract is not a sham or a sham deal or an agreement made under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits for conducting economic activities that regulate the sphere of legal relations that arise and operate in the process of implementation of this Agreement, and also guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to be liable in case of violation of the rights of the Buyer in the process of implementation of this Agreement and sale of the Goods.
Order of ordering
4.1. The buyer has the right to place an order for any goods presented on the website of the online store and available.
4.2. Each item can be represented in the order in any quantity.
4.3. In the absence of goods in the warehouse, the Company Manager is obliged to inform the Buyer (by telephone or e-mail).
4.4. In the absence of goods, the buyer has the right to replace it with a product of a similar model, to refuse this product, to cancel the order.
Contract price and payment procedure
5.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Website https://motolux.ua/ . The price of the Contract is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of the "Delivery" section.
5.2. The cost of an Order may vary depending on the price, quantity or product nomenclature.
5.3. The buyer can pay for the order in the following ways:
1) by bank transfer of money to the Seller's card account, incl. using online banking (the buyer pays the order within three days from the date of receipt of the details in the amount of 100% prepayment).
2) postpayment upon receipt of the Order by the representative of the delivery service or in the branch of the Carrier Company.
3) by online payment on the Payment System Website by credit card of the following type:
5.4. In any other way agreed with the Seller.
Delivery terms of the order
6.1. Methods, procedure and terms of delivery of goods are indicated on the site in the section "Delivery" . The order and terms of delivery of the ordered goods The buyer indicates in the order at the time of purchase.
6.2. Delivery of the goods is carried out by the employees of the online store in accordance with the terms of delivery, or with the involvement of third parties (carrier).
6.3. Upon receipt of the goods, the Buyer must, in the presence of a representative of the courier, check the conformity of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
6.4. When delivering the Goods to other cities of Ukraine or in the territory of another country performed by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of Carriage of Goods by these Carrier Companies.
6.5. The fact of receipt of the Goods and the absence of claims for the quality of the Goods delivered by the Carrier Companies shall be confirmed by the Buyer by his own signature in the goods waybill, the declaration of the Carrier Company, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, in full according to the specification of this Goods and in proper (working) condition and quality.
6.6. Together with the order, the Buyer shall be provided with the documents in accordance with the legislation of Ukraine.
Rights and duties:
7.1. The seller has the right to:
- unilaterally terminate the provision of services under this Agreement in the event of the Buyer's breach of the terms of this Agreement.
7.2. The buyer is obliged to:
- pay on time 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 make an electronic agreement;
- require the Seller to comply with the terms of this Agreement.
Responsibilities of the parties
8.1. The parties are responsible for the non-fulfillment or improper fulfillment of the terms of this agreement in the order stipulated by this agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
- changed appearance of the Goods by the manufacturer;
- for a slight discrepancy between the color gamut of the product, which may differ from the original product solely due to the different color rendering of the PC 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), which occur for reasons beyond the scope of its control;
- for unlawful illegal actions committed by the Buyer through this access to the Internet;
- for the transfer of Buyer their network IDs - IP, MAC addresses, login and password to third parties;
8.3. The buyer, using the access to the Internet provided by him, shall be personally liable for the damage caused by his actions (personally, even if there was another person under his login) to persons or their property, legal persons, the state or moral principles.
8.4. In the event of force majeure, the parties shall be exempted from the terms of this agreement. Circumstances of force majeure for the purposes of this Treaty shall be understood to mean events of an extraordinary, unforeseen nature, which exclude or objectively interfere with the implementation of this Treaty, the occurrence of which the Parties could not have foreseen and prevented in a reasonable manner.
8.5. The Parties shall use their best endeavors to resolve any differences solely by negotiation.
Miscellaneous
9.1. The Online Store reserves the right to unilaterally amend this Agreement, subject to its prior publication on https://motolux.ua/
9.2. Online shop created to organize a remote way of selling goods through the Internet.
9.3. The buyer is responsible for the accuracy of the information provided when placing the order information. In doing so, when making an acceptance (placing an order and then paying for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine "On protection of personal data".
9.4. Payment by the Buyer of an order placed in the online store means the full consent of the Buyer with the terms of the contract of sale (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 Art. 11 of the Law of Ukraine "On E-Commerce".
9.6. The use of the online store resource for product preview and ordering for the Buyer is free of charge.
9.7. The information provided by Buyers is confidential. The online store uses the information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivering the goods, making settlements, etc.
9.8. The Seller is not responsible for the content and authenticity of the information provided by the Buyer when placing the order. The buyer is responsible for the accuracy of the information provided when placing the order information.
Return order of good quality
10.1. Return of goods to the online store is made in accordance with the current legislation of Ukraine.
10.2. Return of goods to the online store is made at the expense of the Buyer.
10.3. Upon returning the Goods of good quality by the Buyer, the Online Store returns to him the money paid upon the goods upon returning the goods, less the compensation of the costs of the Online Store related to the delivery of the goods to the Buyer.
Term of the contract
11.1.The electronic contract shall be considered concluded from the moment of receipt by the person who made the offer to conclude such agreement, the answers on acceptance of this offer in the order, determined by the part of the sixth 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 agreement of the parties up to the moment of actual delivery of the goods by refund.
11.3. The parties have the right to terminate this agreement unilaterally, in case of failure of one of the parties to the terms of this Agreement and in cases provided by the current legislation of Ukraine.