Public contract for the purchase and sale of goods at a distance via the Internet
The following text of the Agreement is addressed to natural persons permanently residing in Ukraine and is an official public offer, hereinafter referred to as the SELLER, and any natural person who fully and unconditionally accepts the terms of this Accession Treaty in accordance with Articles 633 and 634 of the Civil Code of Ukraine and accepted the acceptance of this offer by confirming the Order on the site motocentre-h.com.ua/en and acting in its own interests or in the interests of a legal entity, hereinafter referred to as the BUYER, have entered into this Public Agreement (hereinafter referred to as the "Agreement") on the following:
1. DEFINITION OF TERMS
1.1. The term "Goods" under this Agreement means the goods presented on the site motocentre-h.com.ua/en, for which the price, name and description and which available for purchase. The product can also be accompanied by its image.
1.2. The term "Online Store" under this Agreement means the relevant software and functional complex, located on the site motocentre-h.com.ua/en, which allows you to view the Product , its appearance, technical characteristics, price, terms of payment, terms and conditions of delivery, warranty obligations, etc., make the appropriate order and pay for it on the basis of the invoice
1.3. The term "Subscription" under this Agreement means pre-order and payment for the goods, the availability of which is provided within the time specified in the description of the Goods.
1.4. The term "Basket" under this Agreement means the part of the Online Store that is responsible for tracking and displaying in real time the goods selected by the BUYER for purchase, indicating the total value of them.
1.5. The term "Order" under this Agreement means the list of Goods determined by the BUYER with the help of the Basket, their quantity with the name of the BUYER and his contact details.
2. SUBJECT OF THE AGREEMENT
2.1. The SELLER undertakes to sell to the BUYER the Goods subject to sale under this AGREEMENT under the terms and conditions specified in this AGREEMENT, and the BUYER undertakes to purchase the said Goods and pay the price under the terms and conditions specified in this AGREEMENT. p>
2.2. The SELLER guarantees that the Goods are not pledged, are not in dispute, are under arrest and are not subject to the rights of third parties.
2.3. SELLER and BUYER confirm that this Agreement is not a fictitious, fictitious transaction, a transaction committed under the influence of violence or deception.
2.4. The SELLER confirms that it has all the necessary permits to conduct business, which regulates the scope of legal relations arising and operating in the performance of the Agreement, and guarantees that it has the right to sell the Goods without any restrictions, in accordance with current legislation of Ukraine, and undertakes to be liable in case of violation of the rights of the BUYER in the process of performance of the Agreement and sale of the Goods.
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and the Rules of sale of goods to order and outside commercial or office premises approved by the order of the Ministry of Economy of Ukraine from 19.04.2007 №103 this document is an offer, and the fact of the Buyer by phone or in the office) or in writing (via the website or e-mail) and receipt of this order by the Seller - is the full and unquestionable acceptance of this public contract and the information contained on the site.
4. GENERAL PROVISIONS
4.1. All information materials presented in the online store are for reference only and may not fully convey reliable information about the properties and characteristics of the Product, including colors, sizes and shapes. In case the BUYER has any questions regarding the properties and characteristics of the Goods, before placing the Order, the BUYER must contact the SELLER.
4.2. Registration by the BUYER The order and its further transfer for execution means sufficient and full acquaintance of the BUYER with technical characteristics of the Goods, its functional possibilities, with the information on terms of delivery and conditions of warranty service.
4.3. In case of absence of the ordered Goods in the SELLER's warehouse, including for reasons beyond the control of the SELLER, the SELLER has the right to cancel the specified Goods from the BUYER's Order and notify the BUYER by e-mail to the address specified at the BUYER's registration.
4.4. The Order is considered executed at the moment of actual transfer of the Goods included in the Order to the BUYER on the basis of the expense invoice issued by the SELLER signed by the BUYER. Upon fulfillment of the Order, the SELLER's obligations to the BUYER are considered fulfilled.
4.5. Ownership of the Goods passes from the SELLER to the BUYER at the time of transfer of the Goods. Confirmation of the transfer of ownership of the Goods is the signature of the BUYER in the invoice (receipt, delivery register, etc.) issued by the SELLER, transport or courier company. Risks of loss or accidental damage to the Goods pass from the SELLER to the BUYER at the time of transfer to the transport or courier company.
4.6. By accepting the terms of this Agreement, the BUYER gives the SELLER its consent to the right to collect, store, use, distribute and receive information provided by the BUYER in connection with the implementation of this Agreement:
4.6.1. Necessary to individuals and organizations to ensure that they perform their functions or provide services to the SELLER in accordance with the agreements concluded between such persons (organizations) and the SELLER.
4.6.2. Necessary in other cases in accordance with the requirements of the legislation of Ukraine
5. PRICE AND PAYMENT PROCEDURE
5.1. The price of each individual Product is determined by the SELLER at its discretion and published in the online store.
5.2. The price of the Goods and the Order is set in hryvnias of Ukraine.
5.3. The Contract Price is equal to the Order Price. This amount may vary depending on the price, quantity or range of the Goods.
5.4. The BUYER makes 100% payment for the goods in accordance with the Order on the basis of the SELLER's account, unless otherwise stated in the payment invoice.
5.5. The order is considered paid from the moment of receipt of 100% payment for the goods to the current account of the SELLER. The fact of such payment indicates the consent of the BUYER to the terms of this Agreement.
5.6. Delivery of the Order by the SELLER is performed after 100% payment of the Order.
5.7. In case of incorrect indication of the price of the Goods ordered by the BUYER, the SELLER informs the BUYER about it at the first opportunity for confirmation or cancellation of the Order. If it is impossible to contact the BUYER, this Order is considered canceled. If the Order has been paid for, the SELLER shall return to the BUYER the amount paid for the Order by transferring it to the BUYER's account or in another acceptable manner.
5.8. The price of the Goods in the online store may be changed by the SELLER unilaterally. In this case, the price of the goods ordered by the BUYER is not subject to change.
5.9. Until the moment of crediting the BUYER's funds to the current account of the SELLER, the goods are not reserved. The SELLER cannot guarantee the availability of the Goods in the SELLER's warehouse in the amount specified at the time of placing the Order, as a result, the processing time of the Order may increase. If there is a need for a refund by the SELLER to the BUYER to make a refund, the BUYER must inform the SELLER the details of the bank account to which the SELLER is obliged to transfer funds.