Offer contract
CONTRACT
of public offer
1. General provisions
1.1. This offer, in accordance with the provisions of the Civil Code of Ukraine, is an official proposal of the company LLC TRP Vyshnya, 67701 Odesa region, Bilhorod-Dnistrovskyi district, Bilhorod-Dnistrovskyi city, Heroes of Ukraine street 11/5, building 11/5 hereinafter referred to as the “Seller”, to conclude a Contract for the purchase and sale of goods remotely, i.e. through the Online Store, hereinafter referred to as the “Agreement”, and places the Public Offer (Proposal) on the official website of the Seller https://maxiq.com.ua/ (hereinafter referred to as the “Website”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer to conclude a contract for the purchase and sale of goods (acceptance) is considered the fact of payment by the Buyer for the order under the terms of this Agreement, within the terms and at the prices specified on the Seller’s Website.
2. Definition of terms
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
“Goods” — models, accessories, components and accompanying items;
“Online store” — the Seller’s website, created for concluding contracts for the retail and wholesale purchase and sale of Goods on the basis of the Buyer’s familiarization with the Seller’s proposed description of the Goods in photographs, using the Internet without the Buyer’s direct familiarization with the Goods, i.e. by a remote method of selling the Goods.
“Seller” — a business entity that sells the goods presented on the Internet site.
“Buyer” — a person who has concluded an Agreement with the Seller on the terms set out below.
“Order” — a selection of individual items from the list of goods specified by the Buyer when placing an order and making payment using a payment card or in another way not prohibited by law.
3. Subject of the agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
3.2. This Agreement regulates the purchase and sale of goods in the Online Store, including: the Buyer's selection of goods in the Online Store; the Buyer's independent registration of an order in the Online Store; payment by the Buyer of an order placed in the Online Store; processing and delivery of the order to the Buyer in the ownership on the terms specified in this Agreement.
4. Order placement
4.1. The Buyer places an order in the Online Store through the "basket form", or by placing an order via e-mail, or by calling the phone numbers specified in the contact section of the Online Store.
4.2. The order formation period is up to 3 business days from the moment of application. If the order is placed on a weekend or holiday, the formation period begins on the first business day after the weekend.
5. Order payment
5.1. The Buyer pays for the Order using the services - Online payment Liqpay, online Wayforpay, or to the Seller's current account, or upon receipt of the Order or other methods implemented by the Seller that are not prohibited by applicable law.
5.2. After making the payment and receiving a positive response (confirmation) from the Bank's server about the payment, a page with the Order number is displayed on the screen.
6. Term, cost and terms of order delivery
6.1. The order is delivered by the Seller and the transport company within the period specified in the order (agreed upon) with the Buyer after the actual payment for the goods.
6.2. In the event that the Buyer is unable to receive the goods on the agreed date and time, a new delivery date is agreed upon with the Buyer once by telephone, provided that the new delivery date cannot be later than 2 days from the first delivery.
6.3. In the event of repeated non-receipt of the goods by the Buyer, for reasons beyond the Seller's control, the order is canceled and subject to re-registration on the Seller's website. In this case, 100% of the prepayment made by the Buyer is returned under the conditions specified in clause 9.6. of this agreement.
7. Rights and obligations of the parties
7.1. The Seller is obliged to:
7.1.1. Fulfill the terms of this Agreement;
7.1.2. Fulfill the Buyer's order in the event of payment by the latter;
7.1.3. Transfer the goods to the Buyer in accordance with the selected sample in the Online Store, the placed order and the terms of this Agreement.
7.1.4. Check the qualitative and quantitative characteristics of the goods during their packaging at the Seller's warehouse.
7.2. The Seller has the right:
Unilaterally terminate the provision of services under this Agreement in the event of the Buyer's violation of the terms of this Agreement.
7.3. The Buyer is obliged to:
Pay for and receive the order on time under the terms of this Agreement.
7.4. The Buyer has the right to:
7.4.1. Place an order in the Online Store;
7.4.2. Require the Seller to fulfill the terms of this Agreement.
8. Liability of the Parties
8.1. The Parties are liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.2. The Seller is not liable for:
The appearance of the Goods changed by the manufacturer;
For a minor discrepancy in the color scheme of the Goods, which may differ from the original Goods solely due to different color rendering of personal computer monitors of individual models;
For the content and truthfulness and information provided by the Buyer when placing an order;
For delays and interruptions in the provision of Services (order processing and delivery of goods), which occur for reasons beyond its control;
8.2.5. For unlawful illegal actions committed by the Buyer using the provided access to the Internet;
8.2.6. For the transfer by the Buyer 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 the 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.
8.4. In the event of force majeure circumstances, the parties are released from the fulfillment of the terms of this agreement. For the purposes of this Agreement, force majeure circumstances are understood to mean events of an extraordinary, unforeseen nature that exclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The Parties shall make every effort to resolve any disagreements exclusively through negotiations.
9. Other conditions
9.1. The Online Store reserves the right to unilaterally amend this Agreement subject to its prior publication on the website https://maxiq.com.ua
9.2. The Online Store was created to organize a remote method of selling goods via the Internet.
9.3. The Buyer is responsible for the veracity of the information specified when placing an order. At the same time, when accepting (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, and use of his personal data, within the meaning of the Law of Ukraine "On Protection of Personal Data".
9.4. Payment by the Buyer of an order placed in the Online Store means the Buyer's full consent to the terms of the purchase and sale agreement (public offer) and is the actual date of conclusion of the Purchase and Sale Agreement between the Buyer and the Seller.
9.5. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purposes of processing the order, sending messages to the Buyer, delivering the goods, making mutual settlements, etc.
9.6. Refunds for goods that have not been delivered for any reason are made solely on the basis of a written application by the Buyer, to the Buyer's card account specified by him in the Application for a refund, within 7 banking days from the date of submission of such an application to the e-mail address: maxiq.com.ua@gmail.com
10. Term of the Agreement
10.1. This Agreement shall enter into force from the moment the Buyer makes 100% prepayment (acceptance) of the order and shall be valid until the full fulfillment of the obligations of the parties, except in cases of its early termination.
10.2. Before the expiration of the term of validity, this Agreement may be terminated by mutual consent of the parties until the actual delivery of the goods, by returning the funds (100% prepayment of the order) to the Buyer's card account specified in the written application.
10.3. The Parties have the right to terminate this Agreement unilaterally in the event of failure by one of the Parties to fulfill the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
