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LEGAL
Public Offer Agreement
General Provisions
1.1. This offer is an official proposal of "PHSPHNES.com", hereinafter referred to as the "Seller", to conclude a Distance Selling Agreement, namely through the Internet store, hereinafter referred to as the "Agreement", and places a Public Offer (proposal) on the official website of the Seller "PHSPHNES.com" (hereinafter - the "Website").
1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic sales contract for goods is considered to be the fact of payment by the Buyer of the order on the terms of this Agreement, within the terms and at the prices indicated on the Seller's Website.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "goods" - models, accessories, components, and accompanying items;
* "Internet store" - in accordance with the Law of Ukraine "on electronic commerce", a means for presenting or implementing a product, work, or service by making an electronic transaction.
* "Seller" - a company that sells goods presented on the Website.
* "Buyer" - an individual who has concluded 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 Matter of the Agreement
3.1. The Seller undertakes to transfer the Goods to the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the Internet store, including:
- the voluntary selection by the Buyer of goods in the Internet store;
- independent placement of an order by the Buyer in the Internet store;
- payment by the Buyer for the order placed in the Internet store;
- processing and delivery of the order to the Buyer's ownership on the terms of this Agreement.
Order Placement Procedure
4.1. The Buyer has the right to place an order for any goods presented on the Website of the Internet store and available in stock.
4.2. Each item can be presented in the order in any quantity.
4.3. In case of absence of goods in stock, the Company Manager is obliged to inform the Buyer (by phone or by email).
4.4. In the absence of the goods, the Buyer has the right to replace it with a product of a similar model, refuse this product, or cancel the order.
4.5. By purchasing the goods, the buyer agrees that the item is made to order for them and is not subject to return or exchange (only in the case of goods of improper quality).
Order Payment Procedure
Purchase of Goods
5.1. Payment is made on the website in the full amount of the goods' cost, after which the goods will be sent to the buyer.
5.2. In case of non-receipt of funds, the Internet store reserves the right to cancel the order.
Order Delivery Conditions
6.1. Delivery of goods purchased in the Internet store is carried out to the warehouses of transport companies, where orders are issued.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Rights and Obligations of the Parties:
7.1. The Seller has the right:
- unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
7.2. The Buyer is obliged:
- to timely pay for and receive the order on the terms of this Agreement.
7.3. The Buyer has the right:
- to place an order in the Internet store;
- to conclude an electronic contract;
- to demand from the Seller the fulfillment of the conditions of this Agreement.
Responsibility of the Parties
8.1. The parties are responsible for non-performance or improper performance of the conditions of this Agreement in the manner provided by this Agreement and the current legislation of Ukraine.
8.2. The Seller is not responsible for:
- changes made by the manufacturer to the appearance of the Goods;
- for slight discrepancies in the color range of the goods, which may differ from the original product solely due to the different color reproduction of the monitors of personal computers 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 actions carried out by the Buyer using this access to the Internet network;
8.3. The Buyer, using the access provided to him to the Internet network, independently bears responsibility for the harm caused by his actions (personally, even if another person was using his login) to individuals or their property, legal entities, the state, or moral principles.
8.4. In case of force majeure circumstances, the parties are released from fulfilling the terms of this agreement. Force majeure circumstances for this agreement are events of an extraordinary, unforeseen nature, which exclude or objectively hinder the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The parties make every effort to resolve any disagreements solely through negotiations.
Other Conditions
9.1. The Internet store reserves the right to unilaterally amend this agreement provided it is published in advance on the website PHSPHNES.com
9.2. The Internet store is created to organize 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. At the same time, when accepting (placing an order and subsequently paying for the goods), the Buyer provides the Seller with their unconditional consent to the collection, processing, storage, and use of their personal data, within the meaning of the Law of Ukraine "On Personal Data Protection."
9.4. Payment by the Buyer for the order placed in the Internet store means the full agreement of the Buyer with the terms of the purchase and sale agreement (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms in accordance with article 11 of the Law of Ukraine "On Electronic Commerce."
9.6. The use of the resources of the Internet store for previewing goods, as well as for placing an order for the Buyer, is free of charge.
9.7. The information provided by the Buyer is confidential. The Internet store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, conducting settlements, etc.
Return Procedure for Goods of Proper Quality
10.1. The return of goods to the Internet store is carried out in accordance with the current legislation of Ukraine.
10.2. Return is available only for goods of improper quality.
10.3. When the Buyer returns goods of proper quality, the Internet store refunds the amount paid for the goods upon the return of the goods, minus the compensation of the expenses of the Internet store associated with the delivery of the goods to the Buyer.
Term of the Agreement
11.1. The electronic agreement is considered concluded from the moment the person who sent the offer to conclude such an agreement receives a response accepting this offer in the manner specified in part six of Article 11 of the Law of Ukraine "On Electronic Commerce."
11.2. Before the end of the term, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refunding the funds.
11.3. The parties have the right to terminate this agreement unilaterally in case of non-fulfillment of the conditions of this Agreement by one of the parties and in cases provided for by the current legislation of Ukraine.
General Provisions
1.1. This offer is an official proposal of "PHSPHNES.com", hereinafter referred to as the "Seller", to conclude a Distance Selling Agreement, namely through the Internet store, hereinafter referred to as the "Agreement", and places a Public Offer (proposal) on the official website of the Seller "PHSPHNES.com" (hereinafter - the "Website").
1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic sales contract for goods is considered to be the fact of payment by the Buyer of the order on the terms of this Agreement, within the terms and at the prices indicated on the Seller's Website.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "goods" - models, accessories, components, and accompanying items;
* "Internet store" - in accordance with the Law of Ukraine "on electronic commerce", a means for presenting or implementing a product, work, or service by making an electronic transaction.
* "Seller" - a company that sells goods presented on the Website.
* "Buyer" - an individual who has concluded 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 Matter of the Agreement
3.1. The Seller undertakes to transfer the Goods to the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the Internet store, including:
- the voluntary selection by the Buyer of goods in the Internet store;
- independent placement of an order by the Buyer in the Internet store;
- payment by the Buyer for the order placed in the Internet store;
- processing and delivery of the order to the Buyer's ownership on the terms of this Agreement.
Order Placement Procedure
4.1. The Buyer has the right to place an order for any goods presented on the Website of the Internet store and available in stock.
4.2. Each item can be presented in the order in any quantity.
4.3. In case of absence of goods in stock, the Company Manager is obliged to inform the Buyer (by phone or by email).
4.4. In the absence of the goods, the Buyer has the right to replace it with a product of a similar model, refuse this product, or cancel the order.
4.5. By purchasing the goods, the buyer agrees that the item is made to order for them and is not subject to return or exchange (only in the case of goods of improper quality).
Order Payment Procedure
Purchase of Goods
5.1. Payment is made on the website in the full amount of the goods' cost, after which the goods will be sent to the buyer.
5.2. In case of non-receipt of funds, the Internet store reserves the right to cancel the order.
Order Delivery Conditions
6.1. Delivery of goods purchased in the Internet store is carried out to the warehouses of transport companies, where orders are issued.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Rights and Obligations of the Parties:
7.1. The Seller has the right:
- unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
7.2. The Buyer is obliged:
- to timely pay for and receive the order on the terms of this Agreement.
7.3. The Buyer has the right:
- to place an order in the Internet store;
- to conclude an electronic contract;
- to demand from the Seller the fulfillment of the conditions of this Agreement.
Responsibility of the Parties
8.1. The parties are responsible for non-performance or improper performance of the conditions of this Agreement in the manner provided by this Agreement and the current legislation of Ukraine.
8.2. The Seller is not responsible for:
- changes made by the manufacturer to the appearance of the Goods;
- for slight discrepancies in the color range of the goods, which may differ from the original product solely due to the different color reproduction of the monitors of personal computers 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 actions carried out by the Buyer using this access to the Internet network;
8.3. The Buyer, using the access provided to him to the Internet network, independently bears responsibility for the harm caused by his actions (personally, even if another person was using his login) to individuals or their property, legal entities, the state, or moral principles.
8.4. In case of force majeure circumstances, the parties are released from fulfilling the terms of this agreement. Force majeure circumstances for this agreement are events of an extraordinary, unforeseen nature, which exclude or objectively hinder the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The parties make every effort to resolve any disagreements solely through negotiations.
Other Conditions
9.1. The Internet store reserves the right to unilaterally amend this agreement provided it is published in advance on the website PHSPHNES.com
9.2. The Internet store is created to organize 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. At the same time, when accepting (placing an order and subsequently paying for the goods), the Buyer provides the Seller with their unconditional consent to the collection, processing, storage, and use of their personal data, within the meaning of the Law of Ukraine "On Personal Data Protection."
9.4. Payment by the Buyer for the order placed in the Internet store means the full agreement of the Buyer with the terms of the purchase and sale agreement (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms in accordance with article 11 of the Law of Ukraine "On Electronic Commerce."
9.6. The use of the resources of the Internet store for previewing goods, as well as for placing an order for the Buyer, is free of charge.
9.7. The information provided by the Buyer is confidential. The Internet store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, conducting settlements, etc.
Return Procedure for Goods of Proper Quality
10.1. The return of goods to the Internet store is carried out in accordance with the current legislation of Ukraine.
10.2. Return is available only for goods of improper quality.
10.3. When the Buyer returns goods of proper quality, the Internet store refunds the amount paid for the goods upon the return of the goods, minus the compensation of the expenses of the Internet store associated with the delivery of the goods to the Buyer.
Term of the Agreement
11.1. The electronic agreement is considered concluded from the moment the person who sent the offer to conclude such an agreement receives a response accepting this offer in the manner specified in part six of Article 11 of the Law of Ukraine "On Electronic Commerce."
11.2. Before the end of the term, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refunding the funds.
11.3. The parties have the right to terminate this agreement unilaterally in case of non-fulfillment of the conditions of this Agreement by one of the parties and in cases provided for by the current legislation of Ukraine.