Public offer agreement
General Provisions
1.1. This offer is an official offer of bagston.ua, hereinafter referred to as the "Seller", to conclude a contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the "Agreement", and places the Public Offer (offer) on the official website of the Seller "https://bagston.ua/ (hereinafter referred to as the "Website")".
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact that the Buyer has paid for the order under the terms of this Agreement, within the terms and at the prices indicated on the Seller's website.
Concepts and definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "Product" - models, accessories, components and related items;
* "Online store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for the presentation or sale of goods, works or services by means of an electronic transaction.
* Seller - a company that sells goods presented on the Website.
* "Buyer" - an individual who has entered into an Agreement with the Seller on the terms set forth below.
* "Order" - the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
This Agreement governs the sale and purchase of goods in the online store, including:
- voluntary selection of goods by the Buyer in the online store;
- independent ordering by the Buyer in the Online Store;
- payment by the Buyer for the order placed in the Online Store;
- processing and delivery of the order to the Buyer in accordance with the terms of this Agreement.
Ordering procedure
4.1 The Buyer has the right to place an order for any product presented on the Website of the Online Store and available.
4.2. Each item can be presented in the order in any quantity.
4.3. In the absence of goods in the warehouse, the Company Manager is obliged to notify the Buyer (by phone or e-mail).
4.4. In the absence of goods, the Buyer has the right to replace it with goods of a similar model, refuse this product, cancel the order.
Order payment procedure
Cash on delivery
5.1. Payment is made upon receipt of the goods at the branch of the transport company for cash in UAH.
5.2. In case of non-receipt of funds, the Online Store reserves the right to cancel the order.
Cashless payment
6.1. Payment is made in UAH, by transfer to a corporate card of PrivatBank, before receiving the goods
6.2. Payment is made in UAH, by transfer to the current account, before receiving the goods
6.3. In case of non-receipt of funds, the online store reserves the right to cancel the order.
Terms of delivery of the order
7.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where orders are issued.
7.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Rights and obligations of the parties:
8.1. The Seller has the right to:
- unilaterally terminate the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
8.2. The Buyer is obliged to:
- timely pay and receive the order on the terms of this agreement.
8.3. The Buyer has the right to:
- place an order in the online store;
- to draw up an electronic contract;
- require the Seller to fulfill the terms of this Agreement.
Responsibility of the parties
9.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
9.2. The Seller is not responsible for:
- the appearance of the Goods changed by the manufacturer;
- for a slight discrepancy in the color scheme of the Goods, which may differ from the original Goods solely due to the different color rendering of personal computer monitors of individual models;
- for the content and accuracy of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond its control;
- for unlawful illegal actions performed by the Buyer using this access to the Internet;
- for the transfer by the Buyer of its network identifiers - IP, MAC address, login and password to third parties;
9.3. The Buyer, using the Internet access provided to him, is solely responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
9.4. In the event of force majeure, the parties shall be exempt from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean events of an extraordinary, unforeseen nature that exclude or objectively interfere with the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable means.
9.5. The Parties shall use their best efforts to resolve any disagreements exclusively through negotiations.
Other terms and conditions
10.1. The Online Store reserves the right to unilaterally amend this Agreement subject to prior publication on the website https://bagston.ua.
10.2. The Online Store is designed to organize a remote method of selling goods via the Internet.
10.3. The buyer is responsible for the accuracy of the information specified when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data, within the meaning of the Law of Ukraine "On Personal Data Protection".
10.4. Payment by the Buyer for the order placed in the online store means the Buyer's full consent to the terms of the purchase and sale agreement (public offer)
10.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"
10.6. Using the resource of the online store for previewing the goods, as well as for placing an order for the Buyer is free of charge.
10.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, making settlements, etc.
The procedure for returning goods of good quality
11.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.
11.2. The return of the goods to the Online Store is made at the expense of the Buyer.
11.3. When the Buyer returns the goods of good quality, the Online Store shall refund the amount paid for the goods upon return of the goods, minus compensation for the costs of the Online Store related to the delivery of the goods to the Buyer.
The term of the agreement
12.1.An electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response to accept this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
12.2. Before the expiration of the term, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refund.
12.3. The Parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.