Public Offer Agreement
General Provisions
1.1. This offer constitutes an official proposal from the online shop ‘Rarium.com.ua’, represented by Roman Oleksandrovych Nechyporenko (sole trader), Tax Identification Number (TIN) 3103714173, MFO 305299, 02093, Kyiv, 5 Polissky Lane, flat 32, telephone 063-247-91-35, hereinafter referred to as the ‘Seller’, to enter into a contract for the remote sale of goods, that is, via the online shop, hereinafter referred to as the ‘Agreement’, and hereby publishes a Public Offer (proposal) on the Seller’s official website ‘Rarium.com.ua’ (hereinafter referred to as the ‘Website’).
1.2. The moment of the Buyer’s full and unconditional acceptance of the Seller’s offer (acceptance) to enter into an electronic contract for the sale of goods shall be deemed to be the fact of the Buyer’s payment for the order in accordance with the terms of this Contract, within the timeframes and at the prices specified on the Seller’s Website.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the terms set out below shall have the following meanings:
* ‘Goods’ – models, accessories, components and related items;
* ‘Online Shop’ – in accordance with the Law of Ukraine ‘On Electronic Commerce’, a means of offering or selling goods, works or services through the conclusion of an electronic transaction.
* ‘Seller’ – the company that sells the goods presented on the website.
* ‘Buyer’ – an individual who has entered into a Contract with the Seller on the terms set out below.
* ‘Order’ – the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject matter of the contract
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods in accordance with the terms of this Contract.
This Contract governs the sale and purchase of goods in the online shop, including:
- the Buyer’s voluntary selection of goods in the online shop;
- the Buyer’s independent placement of an order via the online shop;
- payment by the Buyer for the order placed via the online shop;
- the processing and delivery of the order to the Buyer for their ownership in accordance with the terms of this Agreement.
Order Placement Procedure
4.1. The Buyer is entitled to place an order for any product featured on the Online Shop’s website and currently in stock.
4.2. Any quantity of each item may be included in the order.
4.3. If a product is out of stock, the Company’s Manager is obliged to inform the Buyer (by telephone or email).
4.4. If a product is out of stock, the Buyer has the right to replace it with a product of a similar model, to decline the product in question, or to cancel the order.
Payment procedure
Cash on delivery
5.1. Payment is made upon receipt of the goods at a transport company’s branch, in cash in hryvnias.
5.2. If payment is not received, the online shop reserves the right to cancel the order.
Delivery terms
6.1. Goods purchased from the online shop are delivered to the transport companies’ warehouses, where orders are collected.
6.2. The Buyer is provided with the documents required under Ukrainian law together with the order.
Rights and obligations of the parties:
7.1. The Seller has the right:
- unilaterally terminate the provision of services under this contract in the event of a breach by the Buyer of the terms of this contract.
7.2. The Buyer is obliged:
- to pay for and collect the order in a timely manner in accordance with the terms of this contract.
7.3. The Buyer is entitled to:
- place an order via the online shop;
- to enter into an electronic contract;
- to require the Seller to fulfil the terms of this Contract.
Liability of the Parties
8.1. The parties shall be liable for any failure to fulfil or improper fulfilment of the terms of this Agreement in accordance with the procedure set out in this Agreement and the applicable legislation of Ukraine.
8.2. The Seller shall not be liable for:
- any changes to the appearance of the Goods made by the manufacturer;
- minor discrepancies in the colour scheme of the Goods, which may differ from the original Goods solely due to differences in colour reproduction on the screens of certain models of personal computers;
- the content and accuracy of the information provided by the Buyer when placing an order;
- delays and disruptions in the provision of Services (order processing and delivery of the Goods) arising from causes beyond its control;
- for any unlawful or illegal actions carried out by the Buyer using this access to the Internet;
- for the Buyer’s disclosure of their network identifiers – IP address, MAC address, username and password – to third parties;
8.3. When using the internet access provided to them, the Buyer shall be solely liable for any damage caused by their actions (personally, even if another person was using their login details) to individuals or their property, legal entities, the state or moral principles.
8.4. In the event of force majeure, the parties shall be released from their obligations under this contract. For the purposes of this contract, force majeure shall mean events of an extraordinary and unforeseeable nature which preclude or objectively impede the performance of this contract, the occurrence of which the Parties could not have foreseen or prevented by reasonable means.
8.5. The Parties shall use their best endeavours to resolve any disputes exclusively through negotiation.
Other Terms
9.1. The online shop reserves the right to unilaterally amend this contract, provided that such amendments are published in advance on the Rarium.com.ua website.
9.2. The online shop has been established to facilitate the remote sale of goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. Furthermore, upon acceptance (placing the order and subsequent payment for the goods), the Buyer grants the Seller their unconditional consent to the collection, processing, storage and use of their 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 via the online shop constitutes the Buyer’s full acceptance of the terms of the contract of sale (public offer).
9.5. The effective date of the electronic transaction between the parties is the date of acceptance of the terms and conditions, in accordance with Article 11 of the Law of Ukraine ‘On Electronic Commerce’.
9.6. Use of the Online Shop’s website to preview goods and to place an order is free of charge for the Buyer.
9.7. The information provided by the Buyer is confidential. The online shop uses information about the Buyer solely for the purposes of processing the order, sending notifications to the Buyer, delivering the goods, settling payments, etc.
Procedure for returning goods of satisfactory quality
10.1. Returns of goods to the online shop are carried out in accordance with the applicable legislation of Ukraine.
10.2. The cost of returning goods to the online shop shall be borne by the Buyer.
10.3. Where the Buyer returns goods of satisfactory quality, the Online Shop shall refund the amount paid for the goods upon receipt of the returned goods, less compensation for the Online Shop’s costs associated with delivering the goods to the Buyer.
Term of the contract
11.1. An electronic contract is deemed to have been concluded from the moment the person who made the offer to enter into such a contract receives a response accepting that offer in accordance with the procedure set out in Part Six of Article 11 of the Law of Ukraine ‘On Electronic Commerce’.
11.2. Prior to the expiry of its term, this Contract may be terminated by mutual agreement of the parties up to the point of actual delivery of the goods, by means of a refund
11.3. The parties shall have the right to terminate this contract unilaterally in the event of a breach by either party of the terms of this contract and in cases provided for by the current legislation of Ukraine.
Please note that the online shop ‘SkyBalloons.com.ua’ on the official website Rarium.com.ua has the right, in accordance with Ukrainian legislation, to grant sole traders and legal entities the right to use the online platform for the sale of goods.
