Public offer contract
This Agreement is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website bobbytec.ua. This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unscrupulous order and all other terms of the Agreement. The Agreement is considered concluded from the moment of clicking the "Confirm Order" button on the order page in the "Cart" Section and the Buyer receives an order confirmation from the Seller in electronic form.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude with the Seller a contract of purchase and sale of goods remotely (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer.
1.2. Goods or Services - the object of the agreement of the parties, which was selected by the Buyer on the website of the Online Store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store - the Seller's website at bobbytec.ua created for the conclusion of retail and wholesale purchase and sale contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.5. Seller – Individual entrepreneur Galyatova Svitlana Volodymyrivna, who is established and operates in accordance with the current legislation of Ukraine, the type of economic activity of which extends throughout Ukraine.
2. Subject of the Agreement
2.1. 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 Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of filling out the order form located on the website of the Online Store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.
3. Ordering
3.1. The Buyer independently places an order in the Online Store via the "Shopping Cart" form, or by placing an order by e-mail or by calling the phone number specified in the contacts section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicions about its validity.
3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. last name, first name of the Buyer;
3.3.2. address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the Online Store.
3.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. In the event of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the Online Store.
3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4 of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the Online Store or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees with the terms of this offer (offer);
b) he gives permission for the collection, processing and transfer of personal data, the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the Agreement, the Buyer confirms that he is informed (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", on the purposes of data collection, as well as that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, to be able to make mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications from the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in hryvnias including VAT.
4.2 Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. At the same time, the price of a single unit of Goods, the cost of which is paid by the Buyer in full, cannot be changed unilaterally by the Seller.
4.3. The cost of the Goods, which is indicated on the website of the Online Store, includes the cost of delivering the Goods to the Buyer. The cost of delivering the Goods is paid by the Seller.
4.4. The cost of the Goods, which is indicated on the website of the Online Store, includes the cost of delivering the Goods to the Buyer's address.
4.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.
4.6. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the website of the Online Store in the "Payment and Delivery" section.
4.7. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.8. The Buyer or his representative, upon receipt of the Goods, confirms by his signature on the goods receipt/or in the warranty card/or in the order/or in the transport note for the delivery of the Goods that he has no complaints about the quantity of the Goods, the appearance and completeness of the Goods.
4.9. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer at the place of delivery of the Goods upon independent delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller shall:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided for by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as the prices for the Goods and services, unilaterally, by posting them on the website of the Online Store. All changes shall come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return the goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of the goods of proper quality is carried out if it was not used and if its presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Goods are preserved.
6.2. The Buyer is refunded the cost of the goods of proper quality within 3 (three) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements stipulated in clause 6.1. of the Agreement, the current legislation of Ukraine.
6.3. The cost of the goods is subject to refund by the methods presented on the website in favor of the Buyer.
6.4. Return of the Goods of proper quality to the Seller's address is carried out at the Seller's expense.
6.5. In the event of defects in the Goods being discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights". When presenting requirements for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.6. Consideration of claims, provided for by the Law of Ukraine "On Protection of Consumer Rights", is carried out by the Seller, provided that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the Goods, actions of third parties or force majeure.
6.8. The return of the Goods, in cases stipulated by law and this Agreement, is carried out at the address and methods specified on the website in the "Exchange and Return" section
7. Liability
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides unreliable or erroneous information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data.
8.1. By providing their personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions stipulated by the Law of Ukraine "On Personal Data Protection", without limiting the term of validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for maintaining their personal data up to date. The Seller is not responsible for poor-quality performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Other terms
9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply for resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller shall have the right to make amendments to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
LEGAL ADDRESS AND DETAILS OF THE SELLER:
Svitlana Volodymyrivna Galyatova, Individual Entrepreneur
EDRPOU code: 125982517
Ukraine, 67806, Odesa, Kharkivskyi Square, Shop No. 233
Phone: +380678578757
E-mail: info@bobbytec.ua