Public offer agreement
On the present Agreement one party Seller on the one hand, and any person accepting the terms and conditions of this Public Offer Agreement - the Buyer, on the other hand, hereinafter jointly referred to as Parties, have concluded the present Public Offer Agreement (hereinafter Agreement), addressed to an unlimited number of persons, being an official public offer of Seller to conclude with Buyers the agreement of sale of goods, pictures of which are placed in the relevant section of the https://topovver.com/, hereinafter Website
1. General Provisions
1.1. By clicking on the page of the Web-site in the relevant section of the "ORDER / BUY" button, the Buyer, regardless of his status (individual, legal entity, individual-entrepreneur) according to the current international and Ukrainian legislation has taken to the conditions of the Public Offer Agreement, which are listed below. 1.2. The Public Offer Agreement is a public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine its terms are the same for all Customers regardless of status (individual, legal entity, individual entrepreneur). On full acceptance of this Agreement, the Buyer accepts the terms and conditions of the ordering, payment and delivery of goods by the Seller, liability for the unfair order and for non-performance of the terms and conditions of this Agreement. 1.3. This Agreement shall enter into force upon clicking the "ORDER / BUY" button, by which the Buyer agrees to make the purchase of Goods available from Seller and shall remain in force until the Buyer receives the Goods from Seller and pays the Seller in full. 1.4. The Parties shall choose and, if necessary, apply Ukrainian law to regulate contractual relations under the Agreement. If an international treaty agreed to be binding by the Verkhovna Rada of Ukraine establishes other rules than those established by the Ukrainian legislation, the rules of the international treaty shall apply.
7. Contract price and payment terms
7.1. The price of each individual Goods shall be determined by the Seller and indicated on the relevant page of the Website https://topovver.com/. The price of the Agreement shall be determined by adding the prices of all selected Goods placed in the virtual shopping basket and the delivery price, which shall be determined depending on the method of delivery in accordance with the terms of section 8 of this Agreement. 7.2 The price of the Order may vary depending on the price, quantity or nomenclature of the goods. 7.3 The Buyer may pay for the Order in the following ways: 1) with a bank transfer of money to the current account of the Seller specified in the invoice, including by means of Internet banking (the Buyer shall pay for the order within one day from the date of receipt of the invoice in the amount of 100% prepayment). 2) Credit card of the following type: - Visa - Visa Electron - Mastercard - Mastercard Electronic - Maestro 3) any other method as agreed with the Seller. Note:When Buyer pays for orders by payment card, there may be additional fees charged by the issuer of that card, in particular when Buyer pays for orders by payment card may be charged additional fees when Buyer pays for European orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. By clicking the "ORDER" button on the page of the Website in the relevant section, it means that the Seller has notified the Buyer of the possibility of charging an additional fee when the Buyer pays for European orders by card issuer Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
2. TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website and the application of which is binding on everyone, including Buyers. "Acceptance" - Buyer's acceptance of Seller's offer to purchase the Goods depicted on the Website by adding them to the virtual shopping cart and submitting the Order. "Merchandise" - the merchandise (product, model, accessory, components and related items, any other merchandise) for which the seller has made an offer to purchase on the Website. "Buyer" - any capable individuals, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who visited the site and intends to purchase a product. "Seller" - any capable individual, legal entity, individual-entrepreneur, under the current international and Ukrainian legislation, who is the owner or distributor of Goods and with the help of the site intends to sell it. "Order" - Duly completed and placed at the Website application of the Buyer for purchase of Goods addressed to the Seller.
- regulations of contractual relations under the Agreement, established by Ukrainian or international legislation."Material defect of Goods" - defect that makes it impossible or unacceptable to use Goods in accordance with its intended purpose, appeared through producer's (Seller's) fault, after removing it appears again due to reasons independent of the consumer.
8. TERMS OF DELIVERY
8.1 The Buyer receives the Goods by delivery, or receives them in person. The procedure for payment and collection is set out on the relevant page of the Website. 8.2 When delivering the Goods in other cities of Ukraine, carried out by the Delivery Services (hereinafter - the Carrier Companies) the Buyer fully and unconditionally agrees with the Rules of carriage of goods by these Carrier Companies. <8.3 The Buyer shall confirm the receipt of the Goods and the absence of any complaints about the quality of the Goods delivered by the carriers by signing the consignment note, the carrier's declaration or the delivery note when receiving the Goods. For its part, the Seller guarantees the shipment of the Goods to the transporter company in the quantity indicated and paid for by the Buyer, complete in accordance with the specification of these Goods and in proper (working) condition and quality. <8.4 If the Buyer is not at the delivery address specified by the Buyer in the application form or the Buyer refuses to receive the Goods for unjustified reasons, the Goods shall be returned to the delivery centre by the carrier's courier. Payment for the carrier's services shall be deducted from the amount paid by the Buyer for the Goods. The balance shall be refunded to the Buyer on the basis of his letter sent to e-mail:firstname.lastname@example.org indicating the current account to which the funds are to be returned.Any questions arising in the process of payment and receipt of the Goods can be clarified by the Buyer at the contact details in the Contact section.
3. TITLE OF CONTRACT
3.1. The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the relevant page of the Website on the conditions and in the manner specified in this Agreement, and the Buyer undertakes to purchase the Goods and pay the money for them on the conditions and in the manner specified in this Agreement. 3.2 The Seller warrants that the Goods are not pledged, are not subject to dispute, are not under attachment and that they do not have any rights of third parties. 3.3The Seller and the Buyer confirm that the Contract in force is not a sham or fraudulent transaction or a transaction made under the influence of pressure or fraud. 3.4The Seller confirms that he has all necessary permits to conduct business activities that regulate the scope of legal relations arising and operating in the process of execution of this Agreement, as well as guarantees that he has the right to manufacture and/or to sell goods without any restrictions in accordance with the requirements of Ukrainian legislation in force, and undertakes to bear responsibility in case of violation of Buyer's rights in the process of the Agreement and sale of goods.
9. TERMS OF RETURN
9.1. In accordance with Article 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange Goods of proper quality (within fourteen days excluding the day of purchase), unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, subject to the legal provisions on the grounds and the list of Goods that cannot be exchanged (returned). Cut-off and made-to-order goods are not eligible for return or exchange.
4. RIGHTS AND DUTIES OF SELLER
4.1: - comply with the terms of this Contract - carry out the Buyer's orders upon receipt of payment from the Buyer; - transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website, the completed order and the terms and conditions of this Agreement; - check the quality and quantity characteristics of the Goods during their packing in the warehouse; - notify the Buyer of a possible additional fee when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing in this Agreement. 4.2 The seller has the right to: - unilaterally suspend the provision of services under this Agreement if the Buyer breaches the terms of this Agreement. 4.3. Seller:. FLP Levchenko Stanislav Aleksandrovich. 04073, Kiev, Syretska street, 25A, office 105. Address for correspondence: 25А Syretska St., 105, Syretska St., 04073, Kiev, Ukraine. USREOU: 3283113916 Bank details: UA05 305299 00000 26008016800921 in AT CB "PRIVATBANK", MFO 380269 When invoicing and paying B2B, seller: company - legal entity, taxpayer on general terms.
10. LIABILITY OF PARTIES AND SETTLEMENT OF DISPUTES
10.1. The Parties shall be liable for non-performance or improper performance of this Agreement in the manner prescribed by this Agreement and the applicable international and Ukrainian legislation. 10.2. In case of disputes related to performance of this Contract by the Parties, except for disputes about debt recovery from the Buyer, the Parties shall resolve them by negotiations in compliance with the claim procedure. The claim shall be considered within seven (7) calendar days from the date of its receipt. In the case of disputes related to the recovery of debts from the Buyer, the application of the claim procedure is not required. 10.3. All disputes, controversies or claims arising out of or in connection with this Agreement, including those related to its performance, breach, termination or invalidity, shall be settled in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
5. Purchaser's RIGHTS AND DUTIES
5.1: - pay for and receive the order in a timely manner under the terms of this Agreement; - read the information on Goods on the Website; - upon receipt of the Goods from the person delivering them, check the integrity and completeness of the Goods by inspecting the contents of the packaging. In the event of damage or incomplete delivery of the Goods, document the damage or incomplete delivery of the Goods in a report which must be signed with the Buyer by the person who has delivered the Goods to the Buyer. 5.2. The Buyer has the right: - place an order on the relevant page of the Website; - demand fulfilment of the terms and conditions of this Agreement from the Seller; - to inform about possible additional fees when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
11. FORCE MAJEURE
11.1. The parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances which are actually beyond the control of such party, occurring after the conclusion of this Agreement, which are unpredictable and unavoidable. Force majeure includes in particular natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, perils and accidents at sea, embargoes, disasters, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls) if these circumstances directly affect the performance of this Agreement 11.3 The time required by the Parties to perform their obligations under this Treaty will be extended by any period during which performance has been delayed due to the circumstances listed. 11.4If due to force majeure the failure to perform the obligations under this Agreement continues for more than three months, each Party shall be entitled to terminate this Agreement unilaterally by giving written notice to the other Party. Notwithstanding force majeure, prior to the termination of this Agreement due to force majeure, the Parties shall make final mutual settlements.
6. The ORDER LEVEL
6.1. The Buyer places his own order on the corresponding page of the Website by adding the Goods to the virtual shopping cart by clicking on "Add to Cart", or by placing an order by e-mail, or by telephone or messenger as indicated in the Contact section of the Website. <6.2. The time limit for placing an order is up to 2 working days from the moment the order is placed. If the order is sent on a weekend or public holiday, the time of formation shall commence on the first working day after the weekend.
12. MORE CONTRACT TERMS