Offer Agreement
This Public Offer Agreement (hereinafter referred to as "Offer" or "Agreement"), placed on the website m-gear.com.ua, is an official proposal of the individual entrepreneur Mytasov Yevhen Valeriyovych, identification code 2974105433 (hereinafter referred to as the "Seller"), addressed to any individual who fully and unconditionally accepts the terms of this Accession Agreement in accordance with Articles 633 and 634 of the Civil Code of Ukraine and confirms acceptance of this Offer by placing an Order on the website m-gear.com.ua and acting in their own interests or in the interests of a legal entity (hereinafter referred to as the "Buyer"), to conclude this remote Sales Agreement on the terms set forth below for the Goods presented on the website m-gear.com.ua:
- SUBJECT OF THE OFFER:
1.1. The Seller undertakes, on the terms and in the manner determined by this Agreement, to sell to the Buyer the Goods that are the subject of sale under this Agreement, and the Buyer undertakes, on the terms and in the manner determined by this Agreement, to purchase the said Goods and pay their price.
1.2. The Seller guarantees that the Goods are not pledged, not in dispute, under arrest, and are not subject to the rights of third parties.
1.3. The Seller and the Buyer confirm that this Agreement is not fictitious, a simulated legal act, a legal act that is committed under the influence of violence or deception.
1.4. The Seller confirms that it has all the necessary permits for carrying out economic activity that regulates the sphere of legal relations that arise and operate in the process of fulfilling the Agreement, and also guarantees that it has the right to sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be liable for any violation of the Buyer's rights in the process of fulfilling the Agreement and selling the Goods.
2. CONDITIONS OF ACCEPTANCE OF THE OFFER:
2.1. This Agreement is a public offer in accordance with the requirements of Articles 633 and 641 of the Civil Code of Ukraine, and its terms are identical for all Buyers. The unconditional acceptance of the terms of this Agreement is considered to be the acceptance of this offer, for which the Seller publishes this Agreement.
2.2. The person acquires the general rights and obligations of the Buyer in accordance with Article 638 of the Civil Code of Ukraine from the moment of acceptance of the Offer. Payment for the Goods by the Buyer is considered as acceptance of this Offer.
2.3. Acceptance of this Offer means that the Buyer is fully familiar with the terms of this Agreement and is equated in accordance with Part 2 of Article 642 of the Civil Code of Ukraine to the signing of a bilateral written agreement by the Parties on the terms set out in this Offer.
2.4. By concluding this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for the Goods, delivery of the Goods, return of the Goods, responsibility for dishonest ordering and all other conditions of the Agreement.
3. ORDER PROCESSING:
3.1. The processing of an order by the Buyer and its subsequent submission for execution implies the Buyer's sufficient and complete familiarization with the technical characteristics of the Goods, its functional capabilities, information about delivery times and warranty terms.
3.2. The order is considered fulfilled at the moment of actual transfer of the Goods included in the order to the Buyer on the basis of the invoice issued by the Seller and signed by the Buyer. After the order is fulfilled, the obligations of the Seller to the Buyer are considered fulfilled.
3.3. The ownership right to the Goods passes from the Seller to the Buyer at the moment of transfer of the Goods. The Buyer's signature on the invoice (receipt, delivery register, etc.) issued by the Seller, transportation or courier company, confirms the transfer of ownership rights to the Goods. The risks of loss or accidental damage to the Goods pass from the Seller to the Buyer at the moment of transfer to the transportation or courier company.
4. RIGHTS AND OBLIGATIONS OF THE BUYER:
4.1. The Buyer shall:
4.1.1. Timely pay for Orders according to the established payment procedure in this Agreement.
4.1.2. Notify the Seller of the absence of delivery of the Goods at the agreed time.
4.1.3. Comply with the terms of purchasing the Goods provided for by this Agreement.
4.1.4. Not commit any acts, attempts to commit which entail criminal, administrative, or civil liability established in Ukraine.
4.1.5. Not use Goods purchased on the Site for purposes directly related to entrepreneurial activities or the performance of the duties of an employee.
4.1.6. Other obligations in accordance with the current legislation and this Agreement.
4.2. The Buyer has the right to:
4.2.1. Order from the Seller any Goods, the information on the sale of which is posted on the Site, in accordance with the terms of this Agreement.
4.2.2. In case of defects discovered during the established warranty period, demand, in accordance with the law and within the specified time frame:
proportional reduction of the price;
free elimination of defects of the Goods within a reasonable time;
reimbursement of costs for the elimination of defects of the Goods.
In case of significant defects discovered during the established warranty period, which arose through the fault of the manufacturer of the Goods (Seller) or counterfeiting of the Goods, confirmed if necessary by an expert opinion, the Buyer, in accordance with the law and within the specified time frame and on the basis of this Agreement, has the right to demand, at his discretion, from the Seller or the manufacturer:
termination of the Agreement and return of the amount paid for the Goods;
demand a replacement of the Goods with the same or similar Goods from those available from the Seller.
4.2.3. Notify the Seller in writing of any claims related to the purchase of Goods.
4.2.4. Terminate the concluded Agreement by notifying the Seller within 14 (fourteen) calendar days from the moment of receiving the Goods if the Goods did not satisfy him in terms of form, size, style, color, etc.
5. RIGHTS AND OBLIGATIONS OF THE SELLER
5.1. The Seller shall 5.1.1. Ensure the sale of Goods in accordance with this Agreement and the requirements of the current legislation of Ukraine. 5.1.2. Notify the Buyer of any changes to this Agreement by posting the corresponding changes on the Site. 5.1.3. Accept from the Buyer Goods of proper quality within the terms established by the legislation on the conditions set forth in this Agreement. 5.1.4. Ensure the fulfillment of warranty obligations in accordance with the requirements of the Law of Ukraine "On Protection of Consumer Rights" and this Agreement. 5.1.5. Accept from Buyers appeals, statements, complaints, and proposals and provide responses to them within the deadlines established by law. 5.1.6. Perform other obligations in accordance with the current legislation and this Agreement. 5.2. The Seller has the right to: 5.2.1. Make changes to this Agreement by posting changes on the Site. 5.2.2. Make changes to the range of Goods and change prices without coordination with the Buyer except for Goods for which an order has been accepted from the Buyer. 5.2.3. In case of impossibility to fulfill the Agreement due to the absence of the ordered Goods, notify the Buyer about it within 3 (three) calendar days, but no later than 30 (thirty) days from the moment of receiving the order from the Buyer. In this case, the Seller has the right to replace the Goods with another Goods if: 1) the other Goods correspond to the purpose of using the ordered Goods; 2) have the same or better quality; 3) their price does not exceed the price of the ordered Goods. At the same time, the Seller is obliged to agree on the replacement of the Goods with the Buyer, and the acceptance of the Goods by the Buyer is considered as the Buyer's agreement to such replacement. 5.2.4. Exercise other rights in accordance with the current legislation and this Agreement.
6. INFORMATION ABOUT THE PRODUCT:
6.1. Information about the name, main characteristics, and price of the Product is placed by the Seller on the m-gear.com.ua website. The Product is presented on the Website by photo samples.
6.2. The price of the Product may be changed by the Seller unilaterally at any time before confirmation of the Order.
7. TERMS OF PAYMENT AND DELIVERY OF GOODS:
7.1. Payment for the Order (Product) is made by the following methods:
7.1.1. Payment by cash on delivery at any Nova Poshta branch.
7.1.2. Payment through the LiqPay system.
7.1.3. Payment through the Privat24 system.
7.1.4. Payment via Apple Pay through the Portmone system.
7.1.5. Payment through the PayPal system.
7.2. Delivery of the Product:
7.2.1. Delivery of the ordered Product is made within a period of 1 (one) to 3 (three) business days from the moment of confirmation of the Order by the manager, but in any case, not later than 30 (thirty) calendar days from the moment of confirmation of the Order. The automatic message will be sent to the buyer's email or mobile phone about the arrival of the Order at the specified address.
7.1.2. The choice of delivery method is made by the Buyer when placing an Order for the Product. The Buyer independently chooses one of the following delivery methods:
"self-pickup" from the Seller's point of sale,
by postal shipment,
by courier delivery.
7.1.3. Delivery and return of the order are carried out by the efforts of the Seller or the transport company (carrier) at the expense of the Buyer, unless otherwise provided by the Agreement or applicable law.
7.1.4. After placing the Order on the Website, the Buyer is provided with information about the expected delivery date by sending an electronic message to the address specified by the Buyer during registration or by phone. The manager who serves the Order clarifies the details of the Order, agrees on the method and date of delivery, which depends on the availability of the ordered Goods in the Seller's warehouse and the time required for processing and delivery of the Order.
7.1.5. The expected delivery date of the Order is notified to the Buyer by the manager who serves the Order by email or during a follow-up call.
8. RETURN OF GOODS AND REFUND:
8.1. Return of goods of proper quality. The Buyer has the right to return the goods of proper quality within 14 (fourteen) calendar days from the receipt of the goods. The return of the goods of proper quality is carried out if the goods have not been used and their commercial appearance, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for the payment of the goods are preserved. In this case, the cost of delivery for the return of the goods is paid by the Seller.
8.2. Refund of the value of goods of proper quality to the Buyer is made within 30 (thirty) banking days from the moment of receipt of such goods by the Seller, provided that the requirements set forth in clause 8.1 of the Agreement and the current legislation of Ukraine are observed.
8.3. The cost of the goods is refunded to the Buyer by the Seller in the same way the goods were paid for.
8.4. The return of goods of proper quality is made at the address (location) of the Seller and at the expense of the Buyer.
8.5. The consideration of claims provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the goods that arose after its transfer to the Buyer due to the violation of the rules of use or storage of the goods by the Buyer, actions of third parties, or force majeure.
8.6. In the event of termination of the Agreement (return of goods), a necessary condition for the refund of money for the returned goods is the provision by the Buyer to the Seller of documents confirming the payment (purchase) of the goods being returned.
8.7. Goods cannot be replaced or returned if: the goods do not have significant defects, are not new, i.e. were used; more than 14 (fourteen) calendar days have passed since the purchase of the goods; signs of third-party interference (opening, attempted repair) or other warranty terms have been violated during the quality check of the goods; there is no document confirming the fact of purchase of the goods, the complete set of the goods is missing.
9. LIABILITY OF THE PARTIES:
9.1. The Parties are responsible for improper performance or non-performance of the terms of this Agreement in accordance with applicable law and this Agreement.
9.2. The Parties shall be exempt from liability for non-performance and/or improper performance of their obligations under the Agreement in cases where there are circumstances of force majeure that arose after the conclusion of this Agreement due to events of an extraordinary nature that the Parties could neither foresee nor prevent by reasonable means. Confirmation of the action of such circumstances (except for well-known ones) is a certificate of the Chamber of Commerce and Industry or a court decision, as well as other documents issued by competent authorities.
9.3. The Buyer is solely responsible for the accuracy and timeliness of payments made by him. Amounts mistakenly credited by the Buyer to the accounts of third parties are not compensated or reimbursed by the Seller.
10. ADDITIONAL TERMS:
10.1. This Agreement enters into force from the moment of its acceptance by the Buyer and is valid until the Parties fully perform their obligations under the Agreement.
10.2. The Parties reserve the right to terminate the Agreement in case of non-performance of the Agreement's conditions by the other Party, by notifying the other Party.
10.3. All disputes and discrepancies arising in connection with the performance of this Agreement are resolved through negotiations or in court in accordance with the current legislation of Ukraine.
10.4. The Parties that concluded this Agreement consent to the processing of personal data indicated in this Agreement or provided in the process of its implementation, as well as to the inclusion of this personal data in their own personal data databases (if maintained) for conducting business activities in accordance with the Law of Ukraine "On Protection of Personal Data."
10.6. The Seller has the right to unilaterally make changes to the Agreement by publishing the changes on the m-gear.com.ua website. Changes to the Agreement take effect from the date of their publication on the m-gear.com.ua website, unless another period for their entry into force is additionally determined at the time of their publication.
11. SELLER DETAILS:
Name: Yevhen Valeriiovych Mitasov
Address: 2-A, apartment 80, Chornovola Viacheslava Street, Brovary city, Kyiv region, 07405 Ukraine
EDRPOU code: 2974105433
IBAN: UA463220010000026004330007581
Bank: UNIVERSAL BANK, MFO 322001
Phone: +38 (095)-215-81-32
Email: [email protected]