Public offer agreement
1. General Provisions
1.1. This offer is an official offer of “defpoint.ua”, hereinafter referred to as the “Seller”, to conclude an Agreement for the sale and purchase of goods remotely, that is, through an online store, hereinafter referred to as the “Agreement” and places a Public offer (offer ) on the official website of the Seller https://defpoint.ua (hereinafter referred to as the “Internet site”).
1.2. The moment of complete 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 that the Buyer has paid for the order under the terms of this Agreement, within the terms and at the prices indicated on the Seller’s website.
2. Concept and definition
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* “Product” – models, accessories, components and accompanying items;
* “Online store” – in accordance with the Law of Ukraine “On Electronic Commerce”, a means of providing or selling goods, work or services through an electronic agreement.
* “Seller” is a company that sells goods presented on the website.
* “Buyer” is an individual or legal entity who has entered into an Agreement with the Seller on the terms and conditions set out below.
* “Order” – selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
3. Subject of the agreement
3.1. 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.
This Agreement governs the purchase and sale of goods in the online store, including:
– voluntary selection by the Buyer of goods in the online store;
– the Buyer independently places an order in the online store;
– payment by the Buyer for an order placed in the online store;
– processing and delivery of the order to the Buyer and transfer of ownership under the terms of this Agreement.
4. Ordering procedure
4.1. The Buyer has the right to place an order for any product presented on the Online Store Website and available.
4.2. Each item can be presented in an 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 email).
4.4. In the absence of a product, the Buyer has the right to replace a product of a similar model, refuse this product, or cancel the order.
5. Order payment procedure
5.1 Payment for an order on the website is made on a 100% subscription basis using the LiqPay payment system or in any other way specified on the website
5.2. If funds are not received, the online store reserves the right to cancel the order.
6. Order delivery terms
6.1. Delivery of goods purchased in the online store is carried out to the warehouses of postal operators, where orders are issued.
7. 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 a violation by the Buyer of the terms of this agreement.
– demand from the Buyer documents confirming that the final recipients of the Goods will be military personnel, doctors, volunteers, journalists or equivalent categories of special services. In case of failure to provide such supporting documents, but if the Seller has reasonable suspicions of their authenticity, the Seller has the right to cancel such Order.
7.2. The buyer is obliged:
– pay in a timely manner and receive orders under the terms of this agreement. When creating an order, provide the Seller with documents confirming that the final recipients of the Goods will be military personnel, doctors, volunteers, journalists or equivalent categories of special services.
7.3. The buyer has the right:
– place an order in the online store;
– require the Seller to comply with the terms of this Agreement.
8. Responsibility of the parties
8.1. The parties are responsible for failure to fulfill or improper fulfillment of the terms of this agreement in the manner provided for by this agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
– appearance changed by the manufacturer.
– 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) that occur for reasons beyond its control;
– for illegal illegal actions committed by the Buyer through this access to the Internet;
– for the Buyer’s transfer 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 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. For the purposes of this agreement, force majeure circumstances are understood as events that are extraordinary, unforeseen in nature, exclude or objectively interfere with the implementation of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means. The military aggression of the Russian Federation, launched on February 24, 2022, is also considered force majeure.
8.5. The parties make every effort to resolve any disagreements exclusively through negotiations.
9. 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://defpoint.ua
9.2. The online store was created to organize remote sales of goods via the Internet.
9.3. The buyer is responsible for the accuracy of the information provided when placing an order. At the same time, upon acceptance (placing an order and subsequent payment for the goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, and use of his personal data, in the understanding of the Law “On the Protection of Personal Data.”
9.4. Payment by the Buyer for an order placed in the online store means the Buyer’s full agreement with 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 Art. 11 of the Law of Ukraine “On Electronic Commerce”
9.6. Using the online store resource to preview the product, as well as to place an order is free for the Buyer.
9.7. Information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivering goods, making mutual payments, etc.
10. Procedure for returning goods of good quality
10.1. Returning goods of good quality to the online store is not allowed.
10.2 If a manufacturing defect is detected, the online store exchanges the defective product for a similar one. In the absence of a similar product model, the Buyer returns the amount paid for this product.
11.1. An electronic contract is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives responses on the acceptance of this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2. Before the expiration date, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods by means of a refund.
11.3. The parties have the right to terminate this agreement unilaterally in the event of failure of one of the parties to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
Please note that the online store “Defpoint” on the official website https://defpoint.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.
PARTNERSHIP WITH AN INTERNATIONAL DISTANCE "DEFPOINT"
Identification code: 44869731
Email addresses: [email protected]
Phone number for consultation and contract: +380508591805