Public offer agreement
1.1. This offer is an official offer of TM “xoxm.art“, hereinafter – “Seller”, to enter into a contract of sale of goods remotely, ie. through the Internet site, hereinafter referred to as the “Agreement”, and places the Public offer (offer) on the official website of the Seller (https://xoxm.art/) (hereinafter – the “Online Store”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract of sale of goods, is the fact of payment by the Buyer of the order under the terms of this Agreement, within the terms and prices specified 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” – models, accessories, components and accompanying items;
* “Internet site” – in accordance with the Law of Ukraine “On e-commerce”, a means to submit or sell goods, works or services through an electronic transaction.
* “Seller” – a company that sells goods presented on the Internet site.
* “Buyer” – an individual who has entered into an Agreement 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 payment.
Subject 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 governs the purchase and sale of goods in the Online Store, including:
– voluntary choice by the Buyer of goods in the online store;
– self-execution by the Buyer of the order in the online store;
– 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 product presented on the website of the online store and available.
4.2. Each item can be represented in the order in any quantity.
4.3. If the goods are not in stock, the Company Manager is obliged to inform the Buyer (by phone or e-mail).
4.4. In the absence of the goods the Buyer has the right to replace it with the goods of similar model, to refuse the given goods, to 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 payment in UAH.
5.2. If & nbsp; no funds are received, the online store reserves the right to cancel the order.
Terms of delivery of the order
6.1. Delivery of goods purchased in the online 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 to:
– unilaterally terminate the provision of services under this agreement in case the Buyer violates the terms of this agreement.
7.2. The buyer must:
– Pay on time and receive orders under the terms of this agreement.
7.3. The buyer has the right to:
– place an order in the online store;
– draw up an electronic contract;
– require the Seller to comply with the terms of this Agreement.
Liability 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 this agreement and the current legislation of Ukraine.
8.2. Seller is not responsible for:
– the appearance of the Goods changed by the manufacturer;
– for a slight discrepancy in the color scheme of the product, which may differ from the original product only due to the different color rendering of personal computer monitors of individual models;
– for the content and veracity 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-addresses, 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 moral principles of morality.
8.4. In case 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 use their best endeavors 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 https://xoxm.art
9.2. An online store is designed to provide a remote way to sell goods online.
9.3. The buyer is responsible for the accuracy of the information provided when ordering information. In this case, upon acceptance (ordering and subsequent payment for the goods), the Buyer gives the Seller its unconditional consent to the collection, processing, storage, use of their personal data, within the meaning of the Law “On Personal Data Protection”.
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 contract of sale (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 Art. 11 of the Law of Ukraine “On e-commerce”
9.6. Use of the online store resource for previewing the goods, as well as for placing an order for the Buyer is free of charge.
9.7. The information provided by Buyer & nbsp; is confidential. The online store uses information about the Buyer only for the purpose of processing the order, sending messages to the Buyer, delivery of goods, settlements, etc.
Procedure for returning goods of proper quality
10.1. Return of goods to the online store is carried out in accordance with current legislation of Ukraine.
10.2. Return of 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.
Term of the agreement
11.1. An electronic contract is considered concluded from the moment the person who sent the proposal to enter into such an agreement receives a response on acceptance of this proposal in accordance with part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2. Until the expiration of 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.
Please note that the online store “xoxm.art” is on the official website https://xoxm.art, has the right, in accordance with the legislation of Ukraine, to grant the right to use the Internet platform to private individuals and legal entities to sell goods.