Public offer contract
In accordance with this Agreement, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement – the Buyer, on the other hand, hereinafter together – the Parties, have entered into this Public Offer Agreement (hereinafter – the Agreement), which is addressed to to an unlimited number of persons, and which is an official public offer of the Seller to enter into a purchase and sale agreement with the Buyers of the Goods, the photos of which are posted in the relevant section of the Websitehttps://med-elit.com.ua/.
Buyers when purchasing Goods, the images of which are posted on the relevant pages of the Website https://med-elit.com.ua/, and Sellers who intend to sell Goods through the Website https://med-elit.com.ua/, accept the terms of this Agreement on the following.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement. Clicking on a Website page https://med-elit.com.ua/ in the corresponding section of the “ORDER” button, means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement, which are specified below.
1.2. The public offer contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing with this Agreement, the Buyer accepts the terms and conditions and procedures for ordering, payment and delivery goods by the Seller, responsibility for an unscrupulous Order and for non-fulfillment of the terms of this Agreement.
1.3. This Agreement enters into force from the moment of clicking the “ORDER” button, by which the Buyer gives his consent to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and complete settlement with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, in the case of necessary, Ukrainian legislation is applied. If international law, the binding consent of which was granted by the Verkhovna Rada of Ukraine, other rules than those established by Ukrainian legislation are established, then the rules of the international rights
2. TERMS AND DEFINITIONS
«Public offer contract» – a public contract, a sample of which is posted on the Website https://med-elit.com.ua/, and the application of which is mandatory for all Sellers containing an offer The Seller regarding the purchase of the Product, the image of which is posted on the Websiteі https://med-elit.com.ua/, addressed to an undefined circle of persons, including Buyers.
«Acceptance» – acceptance by the Buyer of the Seller’s offer to purchase the Product, the image of which is posted on the Website https://med-elit.com.ua/, by adding it to the virtual cart and sending the Order.
«Goods» – an item of trade (product, model, accessory, components and accompanying items, any other items of trade), for the purchase of which on the Website https://med-elit.com.ua/ the Seller’s offer is posted.
«Buyer» – any able-bodied natural person, legal entity, natural person-entrepreneur, in accordance with current Ukrainian legislation, who visited the Website https://med-elit.com.ua/ and intends to purchase one or another Product on it.
“Seller» – any able-bodied natural person, legal entity, natural person-entrepreneur, in accordance with current international and Ukrainian legislation, which is the owner or distributor of the Product and through the Website https://med-elit.com.ua/ intends to sell it.
«Order» – properly designed and posted on the Website https://med-elit.com.ua/ the Buyer’s application for the purchase of Goods addressed to the Seller.
«Legislation» – norms established by Ukrainian or international law for regulating contractual relations under the Agreement.
«A significant defect of the Product» – a defect that makes it impossible or inadmissible to use the Product in accordance with its intended purpose, which arose due to the manufacturer’s (Seller’s) fault, and after its elimination appears again for reasons beyond the control of the consumer.
3. SCOPE OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods based on the Order placed by the Buyer on the relevant page of the Website under the conditions and in the manner specified in this Agreement https://med-elit.com.ua/, and the Buyer undertakes to purchase the Goods and pay for them under the conditions and in the manner specified in this Agreement. funds.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no third-party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham agreement or an agreement entered into under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits to carry out business activities that regulate the scope of legal relations that arise and operate in the process of executing this Agreement, and also guarantees that he has the right to manufacture and/or sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer’s rights during the execution of this Agreement and sale of the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged to:
· fulfill the terms of this Agreement;
· to fulfill the Buyer’s order in case of receipt of payment from the Buyer;
· deliver the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website https://med-elit.com.ua/, issued by the Order and the terms of this Agreement;
· to check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
· inform the Buyer about a possible additional fee when paying for orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this Agreement.
4.2. The seller has the right to:
· unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
· Business entity from the number of persons, which offered for purchase on the Website https://med-elit.com.ua/ The product is according to the unified agreed rules, what laid out in this Public offer contracts.*
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged to:
· timely pay and receive the order under the terms of this Agreement;
· familiarize yourself with the information about the Product, which is posted on the Website https://med-elit.com.ua/
· upon receipt of the Goods в persons, which one made its delivery, verify the integrity and completeness of the Product by inspecting the contents of the package. In the event of detection of damage or incomplete completion of the Goods, record them in the act, which must be signed by the person together with the Buyer. what здійснила його доставку Покупцеві.
5.2. The buyer has the right to:
· place an order on the appropriate page of the Website https://med-elit.com.ua/;
· require the Seller to fulfill the terms of this Agreement;
· to inform about possible additional commission when paying for orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6. ORDER PROCEDURE
6.1. The Buyer places the Order independently on the corresponding page of the Website https://med-elit.com.ua/ by adding Goods to the virtual cart by clicking the “Buy” button, or by placing an order by e-mail or by phone phone +38(067) 006 00 96, which indicated in the top menu of the Website https://med-elit.com.ua/.
6.2. Term of order formation is to 2 working days from the moment of its execution If the Order is sent on a weekend or holiday, the term of formation begins on the first working day the next day off.
7. PRICES, AMOUNT AGREEMENT AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and indicated on the corresponding page of the Websitehttps://med-elit.com.ua/. Amount The contract is determined by adding the prices of all the selected Goods placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of the Goods.
7.3. The Buyer can pay for the Order in the following ways:
1) Cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine, in accordance with the place of ordering of the Goods.
2) By credit card of the following types:
· Mastercard Electronic
· Visa Electron
3) Bankivskyi transfer money to the current account of the Seller what specified in the invoice, including with the help of Internet banking (the Buyer pays the Order within three days from the date of receipt of the invoice in the amount of 100% of the subscription).
4) Any other way as agreed with the Seller.
Примітка. When the Buyer pays for the order with a payment card, an additional fee may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional fee may be charged when the Buyer pays for orders by card issuers Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. Clicking by the Buyer on the Website page https://med-elit.com.ua/ in the corresponding section of the “ORDER” button means that the Seller has informed the Buyer about the possibility of charging an additional fee when the Buyer pays for orders by the card issuer Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
8. TERMS OF DELIVERY OF GOODS
8.1. The Buyer receives the Product by delivery or receives it in person. Payment procedure and доставки specified on the relevant pages Website https://med-elit.com.ua/.
8.2. When delivering Goods to other cities or territories of Ukraine of another country, which is performed by other delivery services (hereinafter Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these Carrier Companies.
8.3. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies is confirmed by the Buyer with his own signature on the goods transport invoice, the declaration of the carrier company, or in the delivery invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the carrier company in the quantity specified and paid for by the Buyer, complete in accordance with the specification of the Goods and in proper (working) condition and quality.
8.4. In case in the absence of the Buyer at the delivery address specified by the Buyer in the order or the Buyer’s refusal to receive the Goods for unjustified reasons, upon delivery by the carrier Company’s courier, the Goods are returned to place shipment Payment for the services of the carrier company is deducted from the amount transferred by the Buyer for the Goods. The balance of the amount is returned to the Buyer on the basis of his letter sent to e-mail: firstname.lastname@example.org indicating the settlement account to which the funds must be returned.
The Buyer can find out all the questions that arose during the process of payment and receipt of the Goods using the contact information indicated. in the Contacts section.
9. TERMS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine “On the Protection of Consumer Rights”, the Buyer has the right to exchange Goods of appropriate quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that cannot be exchanged (returned).
9.2. If the Buyer intends to return the Goods, such return is carried out in accordance with the terms of the “Delivery” section of the Site, taking into account the rules and conditions of the carrier or courier, which operate on the territory of Ukraine or on the territory of another country, according to the place of receipt of the Goods.
9.3. In the event of the presence of at least one of the listed defects, the Buyer is obliged to record it in a deed of arbitrary form. The deed must be signed by the Buyer and the person what delivered the Goods or the Seller. On possible defects must be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to notify the manager (Seller’s representative responsible for placing the order for the Goods) about the identified defects and agree on a replacement Goods.
9.4. The parties agreed that in the event of failure to comply with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in good condition – without any mechanical damage and in full completeness.
10. LIABILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner stipulated by this Agreement and current international and Ukrainian legislation.
10.2. In case of disputes related to the implementation of this Agreement by the Parties, with the exception of disputes regarding debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The claim review period is 7 (seven) calendar days from the date of its receipt. On disputes connected with debt collection from the Buyer, compliance with the claims procedure is not required.
10.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including those related to its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be liable for non-fulfillment of any of their obligations, with the exception of payment obligations, if they prove that such non-fulfilment was caused by force majeure, i.e. events or circumstances that are truly beyond the control of the Party, occurred after conclusion of this Agreement, which are of an unforeseen and unavoidable nature.
Force majeure includes, in particular, natural disasters, strikes, fires, floods, explosions, freezing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by state authorities (including quarantines, allocations, priorities, official requirements, quotas and price control), if these circumstances directly affected the performance of this Agreement.
11.2. The party for whom it became impossible to fulfill the obligations under this Agreement for the reason occurrence of force majeure circumstances, must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, as well as provide the other Party with confirmation of force majeure circumstances within 30 (thirty) calendar days. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4. If, due to circumstances of force majeure, non-fulfillment of obligations under this Agreement lasts more than three months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other Party in writing. Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, The parties make final mutual settlements.
12. OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling his Order (sending a message to the Seller about ordering the Goods, sending advertising messages, etc.).
12.2. By own acceptance of the Agreement or registration on the Website https://med-elit.com.ua/(filling in the registration form) The buyer voluntarily gives his consent to the collection and processing of personal personal data for the following purpose: the data that become known will be used for commercial purposes, including for processing orders for the purchase of Goods, receiving information about the order, sending by telecommunication means communication (by e-mail, mobile communication) of advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website https://med-elit.com.ua/.
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer’s postal address, e-mail, as well as send sms messages, make calls to the number specified in the application form phone
12.3. The buyer grants the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong data storage, their accumulation, update, change (as necessary). The buyer grants the right to process his personal data, including: to place personal data in databases (without additional notification about this), to carry out lifelong data storage, their accumulation, update, change (as necessary).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller and write a statement on refusal to receive advertising materials by sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and truthfulness of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information provided when placing the order.
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