Offer agreement of the website avtodomik.com.ua
This Public Offer Agreement is an official offer of the Seller to an unlimited number of persons to conclude an agreement with the Seller for the supply of goods remotely on the terms stipulated by this offer by creating an order in the Online Store on the website: https://avtodomik.com.ua/ (hereinafter referred to as the Website).
Definition of terms
A Public Offer Agreement is a public Agreement, the terms of which, in accordance with Articles 633, 641 of the Civil Code of Ukraine, are the same for all Buyers, the unconditional acceptance of which terms by the Buyer (payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the Seller and the Buyer.
Administration – Limited Liability Company “TAF-87”, registered in accordance with the legislation of Ukraine, EDRPOU 40281382, located at: 61001, Kharkiv, st. Dobrovoltsiv (Molodoi Gvardiyii), 15/17, 4th floor, room 406, which is a legal document.
Acceptance – acceptance by a person of an offer to conclude a Contract (by placing an order through the manager of the Online Store).
Online Store – a corresponding software and functional complex placed on the Site, which allows you to familiarize yourself with the Goods, their appearance, technical characteristics, price, payment terms, etc., place a corresponding order, etc.
Seller – a legal entity or an individual entrepreneur who has placed information about the Goods and/or services sold by them in the Online Store. The Seller may be both the Administration and any person to whom the Administration has granted the right to place information about the Goods and/or services. The name of the Seller is indicated in the documents for the transfer of the Goods/Services to the Buyer.
Offer – the Seller’s proposal to conclude this Public Offer Agreement on the terms set forth in this Agreement, addressed to an unlimited number of persons.
Order placement – the Buyer’s application for the purchase of the Goods/Services, addressed to the Seller for its execution and carried out by the Buyer placing an application in the Online Store by giving consent to the Online Store Manager to place the order.
Order confirmation – the Seller’s notification of receipt of the order from the Buyer and acceptance of such order for execution.
Buyer – any person who has accepted this Public Offer.
Parties – the collective name of the Seller and the Buyer.
Goods or services – sandblasting or powder coating, any other goods, information about which is posted on the website https://avtodomik.com.ua/.
1 General Provisions
1.1. This Public Offer Agreement is a public Agreement in accordance with Articles 633, 641 of the Civil Code of Ukraine, the terms of which are set the same for all Buyers.
1.2. The fact of placing an order by the Buyer (by clicking on the “Place an order” link or by placing an order through the site manager) in accordance with Part 2 of Article 642 of the Civil Code of Ukraine is considered acceptance of this Agreement by the Buyer.
1.3. The Agreement concluded on the basis of the Buyer’s acceptance of this offer is an Accession Agreement, to which the Buyer joins without any exceptions and/or reservations.
1.4. The Online Store Administration may at any time, without notice, make changes to this Agreement, materials and information contained in the Online Store. The administration is under no circumstances responsible for the irrelevance of information on the site, any damages arising from the use, inability to use, or results of using the Online Store resource.
- Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods to the Buyer under the terms of this Agreement, and the Buyer undertakes to accept the Goods into ownership and pay for them under the terms of this Agreement.
2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious, imaginary transaction, an agreement that is carried out under the influence of violence or deception.
- The moment of conclusion of the Agreement
3.1. The Buyer’s acceptance of the proposal to conclude the Agreement (Acceptance) is carried out by placing an order for the Goods/Service in the Online Store. The moment of conclusion of the Agreement is the confirmation of the order by the Seller.
3.2. The fact of placing an order by the Buyer is an indisputable fact of the Buyer’s acceptance of the terms of this Agreement, including the Buyer’s consent to receive advertising materials by means of communication (including but not exclusively by e-mail, mobile communication). The Buyer may refuse to receive advertising materials at any time.
- Ordering
4.1. The Buyer orders the Goods through the Online Store or with the help of the Online Store Manager.
4.2. It is possible to place an order through the Online Store after registration. In this case, the Buyer has the right to register on the site only 1 (one) time, i.e. can have only one Personal Account.
4.3. When registering in the Online Store or when ordering the Goods through the Online Store Manager, the Buyer is obliged to provide the following information about himself:
last name, first name, patronymic of the Buyer;
Buyer’s contact phone number;
email address for contacting the Buyer or availability of messengers Viber, Telegram, etc.;
delivery address of the Goods (if delivery of the Goods is necessary).
4.4. The Buyer who has registered in the Online Store receives individual identification by providing a login and password. The transfer of the login and password by the Buyer to third parties is prohibited.
4.5. The Buyer places an order by confirming the order to the Online Store Manager accordingly.
The Buyer places an order and its subsequent transfer for execution means that the Buyer has been sufficiently and fully familiarized with the price of the Goods, the technical characteristics of the Goods, its functionality, information on delivery terms and warranty service conditions.
4.6. The order is considered accepted by the Seller and is subject to execution after the latter confirms the order (confirmation is the Seller’s message sent to the Buyer via communication means).
In the event of the unavailability of the ordered Goods/Services of the Seller, including for reasons beyond the Seller’s control, the Seller has the right to cancel the specified Goods/Service from the Buyer’s order and notify the Buyer thereof.
4.7. Any information about the Goods/Services contained on the Seller’s official website is for informational purposes only and cannot be considered as fully conveying all the properties and characteristics of the Goods/Services. If the Buyer has any questions regarding the properties and characteristics of the Goods, he/she should consult the manager of the Online Store website before ordering the Goods.
- Price of the Goods and Payment Terms
5.1. The price at which the Goods or Services are sold is indicated in the documents for the transfer of the Goods/Services to the Buyer.
The Seller reserves the right to change the prices of the Goods/Services unilaterally. In this case, the prices of the Goods ordered by the Buyer (after the order is confirmed by the Seller) are not subject to change.
5.2. Payment for the Goods is made by the Buyer in cash (in case of receiving the Goods at the Seller’s warehouses) or in non-cash form by transferring funds to the Seller’s current account. The settlement currency is hryvnia.
5.3. The Buyer is obliged to pay for the ordered Goods within the terms agreed upon by the Parties when placing the order.
5.4. In the case of non-cash payment, the Buyer’s obligations to pay for the Goods are considered fulfilled upon crediting funds to the Seller’s (its branch) current account.
5.5. If the Product is sold at a discount, information about the availability and amount of the discount is posted on the Seller’s official website and is for informational purposes only. The price at which the Product is sold is indicated in accordance with clause 5.1. Discounts are not cumulative and are not added to other discounts.
- Terms of delivery of goods/services
6.1. The Seller’s obligation to transfer the Goods to the Buyer arises from the moment of sending the order confirmation to the Buyer.
6.2. The terms of transfer of the Goods to the Buyer are agreed by the Parties in each specific case and are recorded in the order confirmation. The date of delivery of the Goods is indicated in the invoices for the Goods.
6.3. The Goods may be transferred to the Buyer at one of the Seller’s warehouses (the list of which is specified in the “Contacts” section of the Online Store) or delivered to the Buyer at the address specified by the latter. When delivering the Goods to the Buyer at the address specified by him, the transportation of such Goods is carried out at the expense of the Buyer.
The Goods are delivered to the Buyer:
6.3.1. to the addresses of the Seller’s warehouses (self-delivery);
6.3.2. by the Seller’s transport to the address specified by the Buyer;
6.3.3. by means of a carrier (postal service, delivery service, courier service, etc.) to the point of delivery or to the address specified by the Buyer.
When delivering the Goods by means of a carrier, the Buyer fully and unconditionally agrees with the Rules for the carriage of goods of the carrier company (including the cost of delivery).
6.4. Ownership of the Goods is transferred from the Seller to the Buyer:
from the moment of transfer of the Goods to the Buyer (in the event that the Buyer receives the Goods at one of the Seller’s warehouses or upon delivery in accordance with clause 6.3.2. of the Agreement). The moment of transfer of the Goods to the Buyer is the signing by the Parties of the invoice for such Goods;
from the moment of transfer of the Goods by the Seller to the carrier (delivery service, courier service, etc.).
6.5. Obligations to transfer the Goods in cases provided for in clauses 6.3.1, 6.3.2 of the Agreement are considered to be fulfilled from the date of signing of the invoice by the Parties. The risk of accidental destruction of the Goods passes to the Buyer from the date of signing of the invoice.
6.6. The obligation to transfer the Goods in the cases provided for in clauses 6.3.3 of the Agreements is considered to be fulfilled, as well as the risk of accidental destruction of the Goods passes to the Buyer at the time of transfer of the Goods by the Seller to the carrier. The carrier is responsible for delivery of the Goods to the place of delivery.
6.7. Acceptance of the Goods in terms of quantity and quality takes place at the place of transfer of the Goods from the Seller (carrier) to the Buyer. After receipt of the Goods by the Buyer, claims to the quantity, completeness and type of the Goods are not accepted.
7 Return of goods
7.1. The Buyer has the right to return to the Seller non-food Goods of proper quality, if they 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, not counting the day of purchase. The return of the Goods of proper quality is carried out if it was not used and its commercial appearance, consumer properties, seals, labels, as well as the settlement document issued together with the sold Goods are preserved. The list of Goods that are not subject to return on the grounds provided for in this clause has been approved by the Cabinet of Ministers of Ukraine.
7.2. Consideration of the Buyer’s claims, in particular. regarding the return of the Goods is carried out subject to the Buyer providing documents provided for by the current legislation of Ukraine (including a written application).
- Rights and obligations of the seller
8.1. The Seller has the right:
to make changes to this Agreement, materials and information (including about Goods/Services) offered on the website in the Online Store at any time;
to refuse to conclude a Public Offer Agreement if it is unable to sell the relevant Goods to the Buyer;
to record telephone conversations with the Buyer;
to suspend the sale of Goods/Services to the Buyer in the event of the Buyer’s breach of its obligations (including, but not limited to, failure to pay for the ordered Goods) under this Agreement;
to require the Buyer to faithfully fulfill its obligations under this Agreement;
without the Buyer’s consent, to transfer its rights and obligations regarding the performance of the Agreement to third parties.
8.2. The Seller is obliged to:
send the Buyer an order confirmation or notify him of the impossibility of fulfilling the Buyer’s order;
to transfer the Goods to the Buyer after he has paid for such Goods;
check the quality and quantity of the Goods during their transfer to the Buyer;
not to disclose any private information of the Buyer and not to provide access to this information to third parties, except for cases provided for by the legislation of Ukraine (it is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of the Agreement with the Seller, including for the fulfillment of obligations to the Buyer);
prevent attempts at unauthorized access to information and/or its transfer to persons not directly related to the fulfillment of orders; timely detect and stop such facts;
properly fulfill the terms of this Agreement.
- Buyer’s Rights and Obligations
9.1. The Buyer has the right to:
register in the Online Store;
in case of disagreement with any point of the offer, refuse to purchase the Goods/Services, register in the Online Store and any other actions stipulated by this Agreement;
seek advice from the Seller regarding the properties and characteristics of the Goods;
demand that the Seller faithfully fulfill its obligations under this Agreement;
other rights stipulated by the current legislation of Ukraine.
9.2. The Buyer is obliged:
before concluding the Agreement, familiarize himself with the content and terms of the Agreement, the prices for the Goods/Services offered by the Seller on the website of the Online Store;
provide all necessary data identifying him as the Buyer and necessary for registration in the Online Store by manually entering data when registering in the Online Store or by notifying the necessary information to the Online Store manager, and maintain their relevance;
timely pay for the ordered Goods (and its delivery, if delivery of the Goods is required);
properly formalize the acceptance of the Goods (including signing and transferring to the Seller the relevant documents for receiving the Goods), present a document certifying the identity (person authorized to receive the Goods);
check the quality and quantity of the Goods upon receipt from the Seller;
not disclose any private information of the Seller and not provide access to this information to third parties, except for cases provided for by the legislation of Ukraine; not transfer the login and password received during registration to third parties and independently bear responsibility for failure to fulfill this obligation;
properly fulfill the terms of this Agreement.
- Liability of the Parties and Procedure for Dispute Resolution
10.1. The Parties are liable for failure to fulfill or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.
10.2. When placing an order, the Buyer is responsible for the accuracy of the information provided to the Seller about himself (including, but not limited to, the information specified in clause 4.3. of the Agreement), and also confirms that he is familiar with the terms of this Agreement and agrees with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
10.3. The Seller is not responsible for the inability to fulfill the Buyer’s order if such inability arose due to circumstances beyond the Seller’s control, including, but not limited to, disruption of communication lines, equipment malfunction, etc.
10.4. The Seller’s general liability for failure to fulfill or improper fulfillment of the terms of this Agreement is limited to the amount of the Buyer’s payment made under this Agreement.
10.5. The warranty for the Goods is provided in accordance with the warranty established by the manufacturer of the Goods. The Seller is not liable for damage to the Goods in cases that are not recognized as warranty by the manufacturer of the Goods, as well as in cases of violation by the Buyer of the conditions of storage and/or operation of the Goods.
- Force Majeure
11.1. The term of performance by the Parties of their obligations under this Agreement may be suspended only in the event of force majeure circumstances (force majeure), namely: fire, natural disaster, armed conflict, significant changes in the legislation of Ukraine, which complicates or makes impossible the performance by the Party of its obligations hereunder.
11.2. The Party that has been affected by force majeure circumstances must notify the other Party in writing within 5 (five) calendar days.
11.3. In the event of force majeure circumstances, the Party that has been affected by them, subject to compliance with the requirements of clause 11.2 of this Agreement, shall be released from liability under this Agreement for the period of such circumstances.
11.4. After the termination of force majeure circumstances, the term of performance of obligations shall be renewed. The Party affected by force majeure shall notify the other Party in writing of the termination of force majeure.
11.5. If the force majeure lasts for more than 30 (thirty) consecutive calendar days, the Parties shall have the right to terminate this Agreement and make final payments. In this case, the losses caused by the termination of the Agreement shall not be compensated and penalties shall not be paid.
- Other terms of the agreement
12.1. This Agreement shall enter into force upon receipt by the Buyer of the order confirmation from the Seller. The Agreement shall be valid until the Parties have fully fulfilled their obligations.
12.2. This Agreement is concluded on the territory of Ukraine and is valid within the framework of the current legislation of Ukraine.
12.3. The Buyer and/or authorized persons of the Buyer consent to the Seller to the processing of their personal data, namely, last name, first name, patronymic, registered place of residence and/or actual residence, taxpayer identification number, passport data, as well as contact phone/fax number, e-mail address, form for registration in the Online Store and/or order, in order to comply with the requirements of the current legislation of Ukraine related to the conduct of the Seller’s financial and economic activities and within the requirements of the current legislation on the protection of personal data.
The Buyer confirms that he is familiar with the rights of the subject of personal data provided for in Art. 8 of the Law of Ukraine “On Protection of Personal Data”. Personal data is stored at the address of the Site Administration.
12.4. The Online Store contains materials, trademarks, brand names and other materials protected by law. The Buyer or any other third parties do not have the right to use materials posted in the Online Store (including to make changes, copy, publish, transfer to third parties, etc.). The use of site materials without the permission of the copyright holders is not allowed. When citing site materials, including protected copyright works, a link to the Online Store website is mandatory.
12.5. All disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties will try to resolve during negotiations. If an agreement is not reached during negotiations, disputes will be resolved in accordance with the procedure provided for by the current legislation of Ukraine.
12.6. In cases not provided for by this Agreement, the Parties shall be governed by the current legislation of Ukraine.
Carefully read the text of the public offer and if you do not agree with any point of the offer, you have the right to refuse to purchase the Goods available in the Online Store and not to take the actions specified in clauses 4.3, 3.1 of this Offer.
