Public Offer Agreement
General Provisions
1.1. This offer is an official offer of the Shop For Cars Company, hereinafter referred to as the «Seller», to conclude a Contract for the Sale and Purchase of Goods remotely, that is, through the Online Store, hereinafter referred to as the «Contract», and posts a public offer (offer) on the Seller's official website https://shopforcars.in.ua/ (hereinafter referred to as the «Internet Site»).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale and purchase of goods is considered to be the fact of payment by the Buyer for the order under the terms of this Agreement, within the timeframes and at the prices indicated on the Seller's website.
Concepts and definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* «Product» - models, accessories, components and related items;
* «Online store» - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, work or services by means of an electronic transaction.
* "Seller" - a company that sells goods presented on the Internet site.
* "Buyer" - an individual 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.
Subject of the contract
3.1. The Seller undertakes to transfer the goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.
This Agreement governs the sale and purchase of goods in the Online Store, including:
- voluntary choice of goods by the Buyer in the Online Store;
- independent placement of an order by the Buyer 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 as property under the terms of this Agreement.
Order placement procedure
4.1. The Buyer has the right to place an order for any product presented on the Website of the Online Store and available.
4.2. Each item can be presented in the order in any quantity.
4.3. If the goods are not available in stock, the Company Manager is obliged to notify the Buyer (by phone or via e-mail).
4.4. If the goods are not available, the Buyer has the right to replace them with goods of a similar model, refuse this goods, cancel the order.
Order payment procedure
cash on delivery
5.1. Payment is made upon receipt of the goods at the branch of the transport company for cash in hryvnia.
5.2. If funds are not received, the Online Store reserves the right to cancel the order.
Terms of order delivery
6.1. Goods purchased in the Online Store are delivered to the warehouses of transport companies, where orders are issued.
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 breach by the Buyer of the terms of this agreement.
7.2. The Buyer is obliged to:
- pay for and receive the order in a timely manner under the terms of this agreement.
7.3. The Buyer has the right to:
- place an order in the Online Store;
- execute an electronic contract;
- require the seller to fulfill the terms of this Agreement.
Responsibility of the Parties
8.1. The Parties shall be 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 shall not be liable for:
- the appearance of the Product has been changed by the manufacturer;
- for minor discrepancies in the color scheme of the Product, which may differ from the original product solely due to different color rendering of personal computer monitors of individual models;
- for the content and accuracy 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), which occur for reasons beyond its control;
- for illegal unlawful actions committed by the Buyer using this access to the Internet;
- for the Buyer's transfer of their 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 solely 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 of morality.
8.4. In the event of force majeure, the parties are released from fulfilling the terms of this agreement. For the purposes of this Agreement, force majeure circumstances shall be understood to mean events of an extraordinary, unforeseen nature that exclude or objectively interfere with 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.
Other conditions
9.1. The Online Store reserves the right to unilaterally amend this Agreement, subject to its publication on the website https://shopforcars.in.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 accuracy of the information specified 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, use of his personal data, within the meaning of the Law of Ukraine "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 resource of the Online store to view the goods, as well as to place an order for the Buyer is free.
9.7. The information provided by the Buyer is confidential. The Online store uses the information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivering the goods, making mutual settlements, etc.
Procedure for returning goods of proper quality
10.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.
10.2. The return of goods to the Online Store is carried out at the expense of the Buyer.
10.3. When the Buyer returns goods of proper quality, the Online Store returns the amount paid for the goods upon the return of the goods, minus compensation for the Online Store's expenses related to the delivery of the goods to the Buyer.
Term of the Agreement
11.1. An electronic agreement is considered concluded from the moment the person who sent the offer to conclude such an agreement receives a response on the acceptance of this offer in the manner determined by Part Six of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Before the expiration of the term, this Agreement may be terminated by mutual agreement of the parties before the actual dispatch of the goods, by returning the funds
11.3. 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 stipulated by the current legislation of Ukraine.