Public offer agreement
1.1. This offer is an official offer of individual proprietor Sushchyk Myroslava Volodymyrivna (location: 34634, Rivne region, Bereznivskyi district, Mokvyn village, Pushkina street, house 35), hereinafter - "Seller", to enter into an Agreement for the sale of goods by distance , that is through the Online Store, hereinafter - the "Agreement", and places a public offer (offer) on the official website of the Seller https://www.taho.com.ua (hereinafter - the "Website").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to enter into this Agreement is considered to be the fact of payment by the Buyer of the order under the terms of this Agreement, within the terms and prices indicated on the Seller's website.
Concepts and definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
• "Goods" - tachographs, radios and components, heaters and air conditioners, other devices, information about which is posted on the website;
• "Online store" - in accordance with the Law of Ukraine "On e-commerce", a means to present or sell goods, works or services by making an electronic transaction.
• "Seller" - a company that sells goods presented on the website.
• "Buyer" - an individual who has entered into this Agreement with the Seller.
• "Order" - the choice of individual items from the list of goods specified by the Buyer when placing an order and making a payment.
Scope of the contract
3.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement regulates the purchase and sale of Goods in the Online Store, including:
- voluntary choice by the Buyer of the Goods in the Online Store;
- independent registration of the order in the Online store by the Buyer;
- payment by the Buyer of the order placed in the Online Store;
- processing and delivery of the order to the Buyer in the property under the terms of this Agreement.
4.1. The Buyer has the right to place an order for any Goods presented on the Website and available from the Seller.
4.2. Each item can be presented in the order in any quantity.
4.3. In the absence of the Goods in the warehouse, the Seller's manager is obliged to notify the Buyer (by phone or by e-mail).
4.4. In the absence of the Goods, the Buyer has the right to replace it with Goods of a similar model, to refuse the Goods, to cancel the order.
The order of payment of the order
5.1. Payment is made on the terms of full prepayment in non-cash form in UAH.
5.2. In case of non-receipt of funds, the Online Store reserves the right to cancel the order without handing over the Goods to the Buyer.
Terms of order delivery
6.1. Delivery of Goods purchased in the Online Store is carried out to the warehouses of transport companies, where orders are issued to the Buyer.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Rights and duties:
7.1. The seller has the right to:
- unilaterally terminate the sale of the Goods under this Agreement in case the Buyer violates the terms of the Agreement.
7.2. The buyer must:
- timely pay and receive orders under the terms of this Agreement.
7.3. The buyer has the right to:
- place an order in the online store;
- require the Seller to comply with the terms of this Agreement.
Responsibilities of the parties
8.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by the Agreement and current legislation of Ukraine.
8.2. The seller is not responsible for:
- the appearance of the Goods changed by the manufacturer;
- for insignificant discrepancy of color scale of the Goods which can differ from the original of the Goods exclusively because of various color transfer of monitors of personal computers of separate models;
- for the content and truthfulness 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), which occur for reasons beyond its control;
- for illegal illegal actions committed by the Buyer through this access to the Internet;
- for the transfer by the Buyer of its network identifiers - IP, MAC-address, login and password to third parties;
8.3. The Buyer, using the Internet access provided to him, is independently liable for damage caused by his actions (personally, even if under his login was another person) to persons or their property, legal entities, the state or the principles of public morality.
8.4. In the event of force majeure, the parties are released from the terms of this Agreement. Force majeure for the purposes of this Agreement means events of an extraordinary, unforeseen nature that exclude or objectively interfere with the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent in reasonable ways.
8.5. The parties shall make every effort to resolve any differences solely through negotiations.
9.1. The Online Store reserves the right to unilaterally amend this Agreement subject to its prior publication on the Website.
9.2. The online store was created to organize a remote method of selling goods over the Internet.
9.3. The buyer is responsible for the accuracy of the information provided when placing an order. In this case, upon acceptance (ordering and subsequent payment for the Goods), the Buyer provides the Seller with its unconditional consent to the collection, processing, storage, use of their personal data, within the meaning of the Law of Ukraine "On Personal Data Protection", including collection and processing (accumulation, storage, adaptation, restoration, use, distribution, destruction) of the data specified by him, namely: surname, name, patronymic, e-mail, telephone, address, in order to ensure relations in the field of purchase and sale, relations in in the field of consumer protection, in the field of advertising and marketing research, and also agrees to the transfer (dissemination) of its data to carriers, freight forwarding and courier organizations, other third parties (without limitation) at the discretion of the Seller.
9.4. Payment by the Buyer for the order placed in the Online Store means the Buyer's full consent to the terms of the Purchase Agreement (public offer) and acceptance of its terms.
9.5. The use of the online store resource for previewing the Goods, as well as for placing an order for the Buyer is free of charge.
The order of return of the Goods
10.1. Return of the Goods to the Online Store is carried out in accordance with the current legislation of Ukraine.
10.2. Return of the Goods to the Online Store is made at the expense of the Buyer.
10.3. When the Buyer returns the goods of proper quality, the Online Store returns to him the amount paid for the Goods upon return of the Goods less compensation for the costs of the Online Store related to the delivery of the Goods to the Buyer.
10.4. Claims regarding the Goods are sent in writing to the address of the Seller, and are considered by him in accordance with current legislation of Ukraine.
11.1. The offer is valid indefinitely. The Agreement is considered concluded from the moment of receipt by the person who sent the offer to conclude such Agreement of the answer on acceptance of this offer in the order determined by part six of article 11 of the Law of Ukraine "About electronic commerce".
11.2. This Agreement may be terminated by mutual consent of the parties until the actual delivery of the Goods, by refund.
11.3. 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 by the current legislation of Ukraine.