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Public offer agreement

 

Public offer agreement

In this agreement, one party is a Seller, on the one hand, and any person who accepts this offer (from now on, referred to as the Buyer). On the other hand, from now on, they are referred to as the Parties. We have concluded the present agreement (from now on, referred to as the agreement) addressed to an unlimited number of persons. The seller’s official public offer to conclude with the Buyers a contract for the sale of the Goods. The photographs are placed in the relevant section of the site: https://pro-myidi.com/.

The Sellers use this Website for selling products https://pro-myidi.com/. And buyers, when purchasing the Goods, the images of which are placed on the Website’s relevant pages, buyers accept this agreement’s terms as follows: https://pro-myidi.com/.

 

1. GENERAL PROVISIONS

1.1. The contractual relationship between the seller and the Buyer shall be drawn up as a public offer contract. Clicking on the internet resource (https://pro-myidi.com/) on the Order page – «Make an order» button means that the Buyer, regardless of the status (an individual, a legal entity, a sole proprietor), according to the current Ukrainian legislation, has taken to fulfill the terms of the Public Offer Agreement, which are indicated below.

1.2. Public Offer Agreement is public, following articles 63 and 641 of the Civil Code of Ukraine. Its conditions are the same for all the Buyers, regardless of the status of an individual, a legal entity, a sole proprietor, and complete agreement with this agreement. The Buyer accepts the terms and procedure for the order placing, payment, and delivery of the Goods by the seller. And also liability for the unfair Order and failure to comply with the terms of this agreement.

1.3. This Agreement enters into force from the moment of clicking on the «Make an order» button, with which the Buyer gives consent to purchase the Goods available at the seller. And it remains in force until the Buyer receives the Goods from the seller and until the full payment to the seller.

1.4. To regulate contractual legal relations under the treaty, the parties shall select and, if necessary, apply Ukrainian legislation. Suppose an international treaty to which the Verkhovna Rada of Ukraine has given its consent to be bound establishes rules other than those set by Ukrainian law. In that case, the restrictions of the international treaty apply.

2. TERMS & DEFINITIONS

2.1. «Public Offer Agreement» is a general agreement, a sample of which is posted on the Website: https://pro-myidi.com/ and the application of which is mandatory for all the Buyers and directed to an uncertain circle of persons.

2.2. «Acceptance» – acceptance by the Buyer of the seller’s offer for purchasing the Goods, the image of which is posted on the Website: https://pro-myidi.com/, by adding it to the virtual basket and sending the Order.

2.3. «Goods» – the subject of trade (a product, a model, an accessory, components, and accompanying items, any other items of work), regarding the purchase of which the seller’s offer is placed on the Website: https://pro-myidi.com/

2.4. «The Buyer» is any legally capable individual, legal entity, or sole proprietor, following current Ukrainian legislation, who has visited the Website: https://pro-myidi.com/ and intends to purchase some Goods from the list available on the Website.

2.5. «The Seller» is any legally capable individual, legal entity, or sole proprietor, following current Ukrainian legislation, who is an owner or distributor of the Goods and intends to sell it using the Website: https://pro-myidi.com/

2.6. «Order» – a properly executed and placed on the Website (https://pro-myidi.com/) application of the Buyer to purchase the Goods addressed to the seller.

2.7. «Legislation» – the current legislation of Ukraine which may be applied to legal relations related to the fulfillment and/or which derive from the completion of the obligations stated in this agreement.

2.8. «Significant defect of the Goods» is a defect that makes it impossible or inadmissible to use the Goods following its intended purpose. This defect arose from the manufacturer’s fault (the seller), and after its elimination, it occurs again for reasons independent of the Buyer.

 

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to sell the Product, under the terms and conditions determined by this agreement, based on the Order made by the Buyer on the relevant page of the Website: https://pro-myidi.com/. The Buyer undertakes to purchase the Goods and pay for them under the terms and conditions determined by this agreement.

3.2. The Seller warrants that the Goods are not pledged, are not subject to the dispute, are not under arrest, and that any third parties have no rights to the Goods.

3.3. The Seller and the Buyer confirm that the current agreement is not a fictitious or sham agreement or agreement concluded under the influence of pressure or deception.

3.4. The Seller confirms that he has all the necessary permissions to conduct economic activity, which regulates the legal relations that arise and are in force in the course of implementation of this agreement. And it also guarantees that he has the right to manufacture and/or sell the Goods without any restrictions. Following the requirements of the current legislation of Ukraine, and undertakes to be liable in case of violation of the Buyer’s rights during the implementation of this agreement and the sale of the Goods.

 

4. RIGHTS & OBLIGATIONS OF THE SELLER

4.1 The Seller is obliged to:

Fulfill the terms of this agreement; execute the Buyer’s Order in case of receipt of payment from the Buyer; transfer the Goods to the Buyer by the chosen sample on the relevant page of the Website: https://pro-myidi.com/, with the placed Order and the terms of this agreement; check the qualitative and quantitative characteristics of the Goods during its packing in the warehouse.

4.2. The Seller has the right:

To suspend the provision of services unilaterally under this agreement in case of violation by the Buyer of the terms of this agreement.

4.3 The Seller:

Private entrepreneur Bereziuk Natalia Petrovna scores to the recipient following the standard IBAN UA373052990000026005010105216

Destination code (INT) 3266207941 JSC CB «PRIVATBANK,» the Business entity from among persons offering to purchase on the Website: https://pro-myidi.com/ The goods are subject to the uniform agreed rules outlined in this public offer contract.

 

5. RIGHTS & OBLIGATIONS OF THE BUYER

5.1 The Buyer is obliged to:

Pay in due time and receive an order under the terms of this agreement; study the Product information posted on the Seller’s Website https://pro-myidi.com/. Upon receipt of the Goods from the person who carried out the delivery. Make sure of the integrity and completeness of the Goods by examination of the package contents. In the event of damage or incomplete set of the Goods – fix them in the Act, which, together with the Buyer, must be signed by the person who carried out the delivery to the Buyer.

5.2 The Buyer has the right to:

Place an order on the relevant page of the Website: https://pro-myidi.com/; require the seller to comply with the terms of this agreement.

 

6. ORDER PLACING PROCEDURE

6.1. The Buyer places an order independently on the relevant page of the Website: https://pro-myidi.com/ by adding the Products items to the virtual basket by clicking on the «Buy!» button (or a similar name of the button in another language (here and hereafter)), or by making an order by e-mail, or by calling the telephone number specified in the section of contacts of the Website: https://pro-myidi.com/.

6.2. The term of the order form is up to 2 business days from the moment of its placement. If the Order is sent on a weekend or a holiday, the formation period begins on the first business day after a weekend/holiday.

 

7. THE AGREEMENT PRICE & PAYMENT PROCEDURE

7.1 The price of each individual Product is determined by the seller and is indicated on the relevant page of the Website: https://pro-myidi.com/. The cost of the agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method by the provisions of Section 8 of this Agreement.

7.2 The value of the Order may vary depending on the price, quantity, or the Goods range.

7.3 The Buyer may pay for the Order in the following ways:

– by bank money transfer to the current account of the seller, which is indicated in the invoice, incl. with the help of Internet Banking (the Buyer is to pay the Order in the amount of 100% prepayment within three days from the date of receipt of the invoice);

  In particular, when the Buyer pays the Order with a payment card, it is possible to charge an additional commission when the Buyer pays for European orders by Visa card issuers, Mastercard. By clicking on the Website page https://pro-myidi.com/. Also, the appropriate section of the button «ORDER» means that the seller notified the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders, the Visa card issuer, MasterCard.

– Cash on delivery (C.O.D.) upon receipt of the Order at the representative office of the delivery service;

– by any other means by Agreement with the Seller.

 

8. TERMS OF THE GOODS DELIVERY

8.1 The Buyer receives the Goods by delivery or receives it personally. The procedure of payment and receipt is indicated on the relevant page of the Website: https://pro-myidi.com/.

8.2 When delivering the Goods to other cities of Ukraine by other Delivery Services (from now on referred to as the Carriers), the Buyer fully and unconditionally agrees with the Rules on the carriage of goods by these Carriers.

8.3 The Buyer confirms receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carriers, with his signature in the Waybill (consignment note), Declaration of the Carrier, or in the expenditure invoice upon receipt of the Goods. For its part, the seller guarantees the shipment of the Goods to the Carrier in the quantity specified and paid by the Buyer. Incompleteness according to these Goods specifications and in the proper (working) condition and quality.

8.4 In the event of the Buyer’s absence at the delivery address specified by the Buyer in the application, or of the Buyer’s refusal to receive the Goods for little reasons – when delivered by a courier of the Carrier, the Goods are returned to the shipment center. Payment for services of the Carrier is deducted from the amount transferred by the Buyer for the Goods. The balance amount is returned to the Buyer based on his/her letter sent to the e-mail office@pro-myidi.com, indicating the bank account to which the money should be replaced.

All the questions that arise in the process of payment and receipt of the Goods, the Buyer can find out using the contact information in the section Contacts.

 

9. TERMS OF THE GOODS RETURN

9.1 By Art. 9 Law of Ukraine «On Consumer Rights Protection,» the Buyer has the right to exchange the Goods of appropriate quality within fourteen days, not counting the date of purchase. Suppose the seller does not declare a more extended period. The Buyer has the right to exchange the Goods subject to the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).

9.2 In case the Buyer intends to return the Goods, such return is carried out by the Site «Return» section. They are taking into account the rules and conditions of the Carrier or courier operating on the territory of Ukraine or the part of another country by the place where the Goods were received.

9.3 Within 1 (one) day, the Buyer is obliged to inform a manager (a representative of the seller responsible for placing the Order for the Goods) about the defects found and agree on the replacement of the Goods, filling out a claim form for returning the Goods – on the Website: https://pro-myidi.com/.

9.4 The Parties have agreed that in case of non-observance of the mandatory requirements of the specified procedure. The receipt by the Buyer of the Goods in the proper condition is accepted – without any mechanical damages and in the set completeness.

 

10. RESPONSIBILITY OF THE PARTIES & DISPUTES SETTLEMENT

10.1 The Parties are responsible for the non-fulfillment or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.

10.2 In the event of disputes related to the implementation of the Parties of this Agreement, except for disputes related to the debts collection from the Buyer, The parties undertake to resolve them by negotiation in compliance with the claim procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. In disputes regarding the debt collection from the Buyer, compliance with the claim procedure is not required.

10.3 All the disputes, disagreements, or claims arising out of or in connection with this agreement, including those relating to its execution, violation, termination, or nullity, shall be resolved in the appropriate court following the substantive and procedural law of Ukraine.

 

11. FORCE MAJEURE CIRCUMSTANCES

11.1 The Parties shall not be liable for any non-fulfillment of their obligations, except for payment obligations. If they prove that force majeure circumstances caused such non-compliance. That is, by events or circumstances beyond the control of such a party, which came after the conclusion of this agreement. And which are unforeseen and inevitable.

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), rebellions, the death of the goods, delays of carriers caused by accidents or adverse weather conditions, dangers and chances at sea, embargo, catastrophe, restrictions imposed by public authorities (including distribution, priorities, formal requirements, quotas and price control) if these possibilities had a direct influence on the implementation of this agreement.

11.2 The Party for which it became impossible to fulfill its obligations under this agreement due to force-majeure circumstances. They shall immediately inform in writing the other party of the event of the circumstances mentioned above. Also, shall provide the other party the confirmation of force majeure circumstances within 30 (thirty) calendar days. Such confirmation can be a certificate or any other relevant document issued by an authorized state body during force majeure circumstances. Information on the occurrence of force majeure circumstances for the seller is the placement of pertinent information on the Website: https://pro-myidi.com/. Any other messages (individual) from the seller are not required.

11.3 The time required for the Parties to fulfill their obligations under this agreement will be extended for any term during which the Agreement implementation was postponed due to the abovementioned circumstances.

11.4 If, by the force majeure circumstances, the non-fulfillment of obligations under this agreement lasts more than three months, each of the Parties has the right to terminate this agreement unilaterally by notifying the other party in writing.

Despite the onset of force majeure circumstances, before the termination of this agreement due to force majeure, the Parties make final settlements.

 

12. OTHER TERMS OF THE AGREEMENT

12.1 The information provided by the Buyer is confidential. Information about the Buyer is used solely to fulfill his/her Order (sending a message to the seller about ordering the Goods, sending promotional messages, etc.).

12.2 By his/her acceptance of the agreement or by registration on the Website: https://pro-myidi.com/ (filling out the registration form). The Buyer voluntarily gives consent to collect and process his/her data for the following purpose. The data that becomes known will be used for commercial purposes, including processing orders on the Goods purchased. Receipt of the information about the Order, sending by telecommunication means of communication (by e-mail, mobile communication) of advertising and special offers, information about promotions, lotteries, or any other information about the activity of the Website: https://pro-myidi.com/.

For the purposes provided by this clause, the seller has the right to send to the Buyer letters, messages, and materials to the postal address or e-mail of the Buyer, as well as to send SMS messages and make calls to the telephone number specified in the questionnaire.

12.3 The Buyer gives the right to process his/her data, including putting the personal data in the database (without additional notice). To carry out life-long storage of data, their accumulation, updating, and change (as necessary).

The seller undertakes to provide data protection against unauthorized access of third parties. Does not distribute or transmit data to any third party (except for the transmission of data to related parties, commercial partners, and persons authorized by the seller to perform direct data processing for specified goals, as well as a mandatory request from a competent public authority).

12.4 In case of unwillingness to receive the materials sent, the Buyer has the right to contact the seller by writing an application for refusal to accept promotional materials and sending it to a postal or electronic address.

12.5 The Seller is not responsible for the content and truthfulness of the information provided by the Buyer while placing an order.

The Buyer is responsible for the accuracy of information specified in the ordering process.

    Cooperation

    Name and surname

    Phone number

    Operation

    Write your message

    Buy