Public offer agreement
Public offer contract
Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as - the Parties, have entered into this Public Offer Agreement (hereinafter - the Agreement), addressed to an unlimited circle an official public offer of the Seller to conclude with the Buyers a contract of sale of Goods, the photos of which are posted in the appropriate section of the Website http://Efix.com.ua
Sellers who intend to sell Goods using the Website http://Efix.com.ua and Buyers when purchasing Goods, the images of which are posted on the corresponding pages of http://Efix.com.ua, accept the terms of this Agreement on the following .
TERMS
1.1. Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement. Clicking on the "PLACE ORDER" button on the website page http://Efix.com.ua in the relevant section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, having implemented the terms of the Public Offer Agreement, specified below.
1.2. The public offer contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing with this Agreement, the Buyer accepts the terms and conditions of placing an order, payment and delivery of goods by the Seller, responsibility for an unscrupulous Order and non-fulfillment of the terms of this Agreement.
1.3. This Agreement enters into force from the moment the Buyer clicks on the "place an order" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes full payment with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If the international treaty, the binding consent of which has been given by the Verkhovna Rada of Ukraine, establishes different rules than those established by Ukrainian legislation, the rules of the international treaty shall be applied.
TERMS AND DEFINITIONS
"Public offer contract" - a public contract, a sample of which is posted on the website http://Efix.com.ua and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Web on the website http: //Efix.com.ua sent to an unspecified circle of persons, including Buyers.
"Acceptance" - acceptance by the Buyer of the seller's offer to purchase the Product, the image of which is posted on the Website http://Efix.com.ua, by adding it to the virtual cart and sending the Order.
"Goods" - an item of trade (product, model, accessory, components and related items, any other items of trade), the purchase of which is offered by the seller on the website http://Efix.com.ua.
"Buyer" - any able-bodied natural person, legal entity, natural person-entrepreneur, in accordance with current international and Ukrainian legislation, who visited the Website http://Efix.com.ua and intends to purchase this or that Product.
"Seller" - any legally competent natural person, legal entity, natural person-entrepreneur, in accordance with current international and Ukrainian legislation, who are the owners or distributors of the Product and with the help of the Website http://Efix.com.ua intend to sell it sell.
"Order" - properly executed and placed on the Website - http://Efix.com.ua - the Buyer's application for the purchase of Goods addressed to the seller.
"Legislation" - norms established by Ukrainian or international legislation for the regulation of contractual relations under the Agreement.
"Significant defect of the Product" - a defect that makes it impossible or inadmissible to use the Product in accordance with its intended purpose, was caused by the fault of the manufacturer (Seller), after its elimination, it appears again for reasons beyond the control of the consumer.
SCOPE OF THE CONTRACT
3.1. The Seller undertakes on the terms and in the manner specified in this Agreement to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website http://Efix.com.ua, and the Buyer undertakes on the terms and in the manner specified herein By contract, buy the Goods and pay money for them.
3.2. The Seller guarantees that the Goods have not been pledged, are not the subject of a dispute, are not under arrest, and there are no third-party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or pretend transaction or an agreement made under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits for the conduct of business activities that regulate the scope of legal relations that arise and operate in the process of executing this Agreement, and also guarantees that he 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 bear responsibility in case of violation of the Buyer's rights in the process of execution of this Agreement and sale of the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged to:
fulfill the terms of this Agreement
fulfill the Buyer's order in case of receipt of payment from the Buyer;
deliver the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website http://Efix.com.ua, the completed order and the terms of this Agreement;
to check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
inform the buyer about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this contract.
4.2. The seller has the right to:
unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
not to fulfill the buyer's order, if the selected product is not available on the seller's balance.
not to inform the buyer about the status of fulfillment or non-fulfillment of his order.
in case of insufficient stocks of goods in the warehouse, the seller has the right to return (100%) the advance payment for the paid goods to the buyer, without fulfilling the order.
Do not send the buyer the TTN number of the transport service.
4.3. Seller:
A business entity from among the persons offering to purchase on the Website http://Efix.com.ua the Product according to the unified agreed rules set forth in this contract of public offer.*
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged to:
timely pay and receive the order under the terms of this Agreement;
read the information about the Product posted on the website http://Efix.com.ua;
upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incomplete completion of the Goods, record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
5.2. The buyer has the right to:
place an order on the corresponding page of the Website http://Efix.com.ua;
require the seller to fulfill the terms of this Agreement;
to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDER PROCEDURE
6.1. The buyer places an order independently on the appropriate page of the website http://Efix.com.ua by adding the goods to the virtual basket by clicking the "Add to basket" button, or by placing an order by e-mail or by phone number specified in the contact section Website http://Efix.com.ua
6.2. Term of formation
Orders placed before 1:00 p.m. are shipped on the day of the order, orders placed after 1:00 p.m. are shipped within 2 business days from the time of placing the order. If the order is sent on a weekend or holiday, the term of formation begins on the first working day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website http://Efix.com.ua The Contract price is determined by adding up the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of the section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or product range.
7.3. The buyer can pay for the order in the following ways:
1) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place of placing the order for the goods.
3) Credit card of the following type:
Visa
Visa Electron
MasterCard
Mastercard Electronic
Maestro
4) in any other way as agreed with the Seller.
TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Product by delivery or receives it in person. The procedure for payment and receipt is indicated on the corresponding page of the website http://Efix.com.ua
8.2. When delivering Goods to other cities of Ukraine or on the territory of another country, which is carried out by other delivery services (hereinafter Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these carrier companies.
8.3. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies is confirmed by the Buyer on his own