Public Offer Agreement

Under this Public Offer Agreement (hereinafter referred to as the Agreement), one party is the Seller, and any person, regardless of its legal status (individual, legal entity, individual entrepreneur), who accepted the terms of this Agreement-Buyer, on the other hand , hereinafter collectively referred to as the Parties, have entered into this Agreement addressed to an unlimited number of persons, being the official public offer of the Seller to conclude a contract for the purchase of goods with the Buyers, the images of which are placed in accordance with tvuyuschem section of the website https://130.com.ua/.

Essential terms of the public offer contract

GENERAL

1.1. The public offer contract is the basis for the emergence of a contractual relationship between the Buyer and the Seller. The contract, according to the current international and Ukrainian legislation, is concluded from the moment the Buyer clicks the “Confirm order” button on the checkout page and confirms his purchase. By clicking on the “Confirm order” button, the Buyer confirms the unconditional acceptance of the provisions of this Agreement and undertakes to fulfill all the conditions of the Agreement indicated below.

1.2. A public offer contract is a public contract, i.e., in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods, liability for an unfair Order and for failure to comply with the terms of this Agreement.

1.3. This Agreement enters into force from the moment you click on the “Confirm Order” button, which confirms the Buyer's consent to purchase the Goods and is valid until the Buyer receives the Goods and performs full settlement for him with the Seller.

1.4. Legal relations arising between the parties under this Agreement are regulated in accordance with the current legislation of Ukraine.

2. TERMS AND DEFINITIONS

"Public Offer Agreement" a public agreement, a sample of which is posted on the website https://130.com.ua/, it contains the Seller’s offer to purchase the Goods, photos of which are posted on the website https://130.com.ua/, aimed at an indefinite circle of persons, including Buyers.

"Acceptance" -acceptance by the Buyer of the seller’s proposal to purchase the Goods on the website https://130.com.ua/, by adding it to the virtual basket and then sending the Order.

"Product" the item of sale (device, device, product, model, accessory, various components and any other items), the offer to purchase which is placed by the Seller in the relevant sections of the site https://130 .com.ua/.

"Buyer" any capable physical, legal person, individual entrepreneur who visited the site https://130.com.ua/and wants to purchase the Goods presented on the site.

“Seller” any legally capable legal entity, individual, or individual entrepreneur who, in accordance with applicable international and Ukrainian legislation, is the owner or distributor of the Goods and intends to sell it via https ://130.com.ua/.

"Order" an application, duly executed and posted by the Buyer on the site https://130.com.ua/. and sent to them by the Seller.

“Legislation” -norms established by international or Ukrainian legislation aimed at regulating contractual legal relations under the Treaty.

“Material Product Lack” is a defect that leads to the impossibility or inadmissibility of using the Product in accordance with its purpose, caused by the manufacturer (Seller), which after elimination due to reasons independent of the Buyer .

3. SUBJECT OF CONTRACT

3.1. The Seller undertakes to sell the Goods in accordance with the Order drawn up on the corresponding page of the site https://130.com.ua/, and the Buyer undertakes to buy the Goods and pay the Seller full price.

3.2. The seller guarantees that the Product sold on the website is not a matter of dispute, does not act as a pledge, is not under arrest, and third parties do not pretend to it.

3.3. The Buyer and the Seller confirm that this Agreement is not a fictitious or feigned transaction or transaction that is made under pressure or through the implementation of fraudulent actions.

4. RESPONSIBILITIES OF THE SELLER

The seller must:

• comply with the terms of this Agreement;
• transfer the Goods to the Buyer according to the completed order and the terms of this Agreement;
• check quality and quantity characteristics of the goods during packaging in stock.

5. SELLER RIGHTS

The seller has the right to suspend cooperation unilaterally if the Buyer violates the terms of this Agreement.

6. RESPONSIBILITIES OF THE Buyer

Buyer must:

• read the product information on https://130.com.ua/;
• make timely payment and receive the Order on the terms of this Agreement;
• upon receipt of the Goods, ensure its integrity and completeness by inspecting the contents of the package. In the presence of damage or incompleteness-to fix this fact in the act, which must sign the person performing the delivery of goods to the Buyer.

7. Buyer RIGHTS

The Buyer has the right:

• place an order on the corresponding page of the site https://130.com.ua/;
• require the Seller to fulfill the conditions contained in this Agreement;
• receive complete information about possible commissions that may arise when making a payment.

8. ORDER ORDERING

8.1. The Buyer places an order on the relevant page of the Product, posted on the website https://130.com.ua/, by adding it to your virtual basket by clicking on the "Buy" button, or by placing an order by email, by phone, online chat or using any other contacts located in the corresponding section on the site https://130.com.ua/.

8.2. The deadline for the formation of the Order is up to 5 working days from the date of its execution on the website. If an order is placed on a weekend or a public holiday, its processing time starts from the first working day after the weekend.

9. CONTRACT PRICE AND PAYMENT ORDER

9.1. The price of each individual Product is established by the Seller and indicated on the corresponding page of the site https://130.com.ua/. The Contract Price is the sum of the prices of all Goods selected and placed by the Buyer in the virtual basket and the delivery price, which is set depending on the chosen delivery method based on the conditions of section 10 of this Contract.

9.2. The cost of the Order may vary depending on the quantity, price or product range.

9.3. The Buyer can pay the order in the following ways:

1) by bank transfer to the current account of the Seller, which is indicated in the invoice, incl. via Internet banking (Buyer pays the order in the amount of 100% prepayment within 3 days from the date of receipt of the invoice);

2) in cash to the courier upon receipt of the Goods;

3) cash on delivery upon receipt of the Goods in the delivery service;

4) a credit card of the following type:

• Visa;
• Visa Electron;
• Mastercard;
• Mastercard Electronic;
• Maestro;

5) in any other way, as agreed with the Seller.

When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, if Buyers from other countries pay for the order with a payment card, additional commission may be charged by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. By clicking on the “Confirm Order” button on the order page, the Buyer confirms that he has been notified by the Seller about the possibility of charging an additional commission.

10. TERMS OF DELIVERY OF GOODS

10.1 The Buyer can receive the goods through delivery or in person. The procedure for payment and receipt of the Goods is indicated on the corresponding page of the site https://130.com.ua/.

10.2. When delivering Orders to other cities of Ukraine or to the territory of other countries, which is performed by the Delivery Services (hereinafter referred to as the Carrier), the Buyer unconditionally and fully agrees with the Rules for the carriage of goods established by these carrier companies.

10.3. The Buyer confirms the receipt of the Goods and the absence of claims to the quality and quality of the transportation services provided by the Carrier Companies by putting a personal signature on the consignment note, the declaration of the Carrier Company, or the expenditure invoice upon receipt of the Goods. The Seller, for his part, guarantees the shipment of the Goods to the Carrier in the quantity specified and paid for by the Buyer, in the completeness according to the specification of this Goods and in proper (working) condition and quality.

10.4. If at the delivery address specified by the Buyer in the Order, the recipient is absent or he refuses to receive the Goods for unreasonable reasons, the goods are returned to the Seller. In this case, the cost of the Carrier’s services is deducted from the amount transferred by the Buyer for the Goods. The seller returns the remaining amount to the Buyer on the basis of the request sent, indicating the account number to which the money should be returned.

To get answers to all questions arising in the process of payment and receipt of the Goods, the Buyer can, using the contact details provided on https://130.com.ua/.

11. RETURN TERMS OF GOODS

11.1. In accordance with Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to return and/or exchange Goods of good quality within 14 days, not counting the day of purchase, unless a longer period is established by the Seller. The Buyer has the right to exchange the goods subject to the provisions of the law on the grounds and the list of goods that can not be exchanged (returned).

11.2. If the Buyer wants to return the Goods, such a refund is carried out in accordance with the Site’s section Warranty obligations, return and exchange of goods subject to the terms and conditions of the carrier or courier operating in Ukraine or on the territory of another country in accordance with the place of receipt of the Goods.

11.3. If there are flaws, the Buyer is obliged to fix them upon receipt of the goods in an act of any form. This act is necessarily signed by the Buyer and the person delivering the Goods, or the Seller. If possible, the flaws should be fixed by means of photo or video. Within 1 (one) day, the Buyer is obliged to inform the manager of the store (the Seller’s representative responsible for placing the order) of the identified deficiencies and send a request for the replacement of the Goods, filling in the reclamation return form on the site https://130.com.ua/.

11.4. In case of non-compliance with the procedure for the implementation of this procedure, the parties found that the Buyer recognizes the proper quality of the Goods, its full completeness and no damage.

12. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES

12.1. The parties, in accordance with the procedure stipulated by this Agreement and applicable international and Ukrainian legislation, shall be liable for the non-performance or improper performance of the terms of this Agreement.

12.2. In case of disputes arising from the fulfillment by the Parties of the provisions of the Treaty, with the exception of disputes concerning the recovery of debt from the Buyer, the Parties undertake to resolve them through negotiations with the observance of the complaint procedure. The term for consideration of the claim is 7 (seven) calendar days from the date it was received. For disputes related to the collection of debts from the Buyer, there is no need to observe the complaint procedure.

12.3. All disagreements, disputes and claims that arise on the basis of this Agreement or are related to it, including those related to its execution, violation, termination or invalidity, are subject to judicial review in accordance with international and Ukrainian law.

13. FORCE MAJEURE CIRCUMSTANCES

13.1. The parties are exempt from liability for failure to fulfill their obligations, except for the obligation to pay, if their non-performance is due to force majeure circumstances, that is, events or force majeure circumstances that occurred after the conclusion of this Agreement and are inevitable.

Force majeure includes: natural disasters (flood, earthquake, hurricane, flood, etc.), man-made disasters (fires, explosions, accidents at chemical facilities, etc.), strikes, riots, wars (both declared, and undeclared), loss of goods, carrier delays caused by accidents or adverse weather conditions, maritime dangers and accidents, embargoes, restrictions imposed by government agencies (including distributions, priorities, official requirements, quotas and price controls), if these circumstances wa caused default on the contract.

13.2. The party, which due to force majeure cannot fulfill its obligations, is obliged to immediately inform the other Party in writing. In addition, within 30 (thirty) calendar days, it must provide evidence of the occurrence of force majeure. A certificate, a certificate or another document issued by an authorized state body located in the territory of occurrence of force majeure circumstances may be a confirmation.

13.3. The time required for the Parties to fulfill their obligations under this Agreement shall be extended for a period during which performance was postponed due to force majeure circumstances.

13.4. If non-fulfillment of obligations under this Agreement due to force majeure lasts more than three months, each Party shall have the right to unilaterally terminate the Agreement by notifying the other party in writing in advance.

Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties shall make final settlements.

14. OTHER AGREEMENT TERMS

14.1. Personal information provided by the Buyer is confidential. It may be used solely for the purpose of performing his order (sending a message about the status of the order, sending advertising messages, etc.).

14.2. By own acceptance of the Agreement or by registering on the site https://130.com.ua/(filling out the registration form), the Buyer gives his voluntary consent to the collection and processing of his personal data. This information can be used by the Seller for commercial purposes, including for processing and sending Orders, sending information about the Order, sending advertising and special offers using telecommunications (e-mail, mobile phone), sending information about sweepstakes, sales, promotions or any other information relating to the activities of the site https://130.com.ua/.

For the purposes specified in this paragraph, the Seller receives the right to send letters, messages and materials to the postal address, e-mail, as well as send sms-messages, make calls to the phone number specified in the questionnaire.

14.3. The Buyer is responsible for the accuracy of the data specified by him when placing the order. The Seller is not responsible for the content and accuracy of the information that the Buyer submitted when placing the Order.

14.4. The Buyer grants the Seller the right to process his personal data, including: to place personal data in databases without additional notice, to store, accumulate, update and make changes to the data for an unlimited time (as necessary). At the same time, the Seller undertakes to ensure the protection of personal data of the https://130.com.ua/site users from unauthorized access by third parties, not to distribute or transfer data to a third party (except for transferring data to related parties, commercial partners, carriers, persons authorized by the Seller to carry out data processing for these purposes, as well as to the mandatory request of the authorized state body).

14.5. The Buyer has the right to refuse to send commercial messages by contacting the Seller, sending a personal application to the appropriate email or postal address.