Contract of public offer of purchase and sale of goods
1. General Provisions
1.1. This agreement is an official and public offer of the Seller to enter into a contract of sale of the Goods, which is posted on the website easyba.pro (hereinafter - the Website).
1.2. This agreement is public, ie in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, individual entrepreneur). By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous order, and all other terms of the contract.
1.3. The contract is considered concluded from the moment of clicking the "Order confirmed" button on the ordering page and receiving by the Buyer from the Seller order confirmation in electronic form.
2. Definition of concepts
2.1. In this offer, unless otherwise follows from the content, the following terms have the following meanings:
2.2. "Product" - a list of items presented for sale in the online store;
2.3. "Online store" - in accordance with the Law of Ukraine "On Electronic Commerce" - a means for presenting or selling a product, work or service by making an electronic transaction. This tool is posted on the website easyba.pro;
2.4. "Seller" - a company that sells goods presented on the Online Store;
2.5. "Buyer" - an individual, legal entity, individual entrepreneur who has entered into an Agreement with the Seller on the terms set forth below;
2.6. "Order" - the choice of individual items from the list of goods specified by the Buyer when placing an order and making payment.
2.7. "Recipient" - intended by the Buyer is the person who actually receives the goods.
3. Subject of the contract
3.1. The Seller undertakes to transfer the goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the goods on the terms of this Agreement.
3.2. This Agreement governs the purchase and sale of goods in the online store, including:
3.2.1. voluntary choice by the Buyer of goods in the online store;
3.2.2. independent registration by the Buyer of the Order in the online store;
3.2.3. payment by the Buyer of the Order placed in the online store;
3.2.4. processing and delivery of the Order to the Buyer in the property on the terms of this Agreement.
4. How to place an order
4.1. The buyer has the right to place an order for any product that is available and presented on the Website of the online store.
4.2. Each item can be presented in the order in any quantity. The Seller ensures the availability of goods presented in the online store in its warehouse.
4.3. The manager of the Seller informs the Buyer about the absence of the Goods in the warehouse by phone or via e-mail.
4.4. In the absence of the Product, the Buyer has the right to: replace it with a Product of a similar model or refuse this Product or cancel the order.
4.5. Offers are considered accepted by the Seller, when the latter has performed actions indicating acceptance of the Buyer's offer, namely: actually shipped the goods.
5. Order payment procedure
5.1. Payment is made in the following ways:
online payment through the online store using the Portmone service. With this method of payment, the bank commission is paid by the Seller;
payment according to the details to the Seller's settlement account in the amount of 100% of the cost of the application, the order number must be indicated in the purpose of payment. Payment details will be sent in a message. With this method of payment, the bank commission is paid by the Buyer according to the tariffs of the bank.
5.2. In case of non-receipt of funds, the Online Store reserves the right to cancel the Order.
5.3. Payment for services is carried out in the national currency of Ukraine.
5.4. The order is considered paid from the moment the payment is received on the Seller's account. The fact of payment for the Order indicates the Buyer's agreement with the terms of this agreement.
5.5. The price of the Goods indicated in the Online Store may be changed by the Seller unilaterally. In this case, the price of the Goods ordered by the Buyer is not subject to change.
5.6. By the time the Buyer's funds are credited to the Seller's settlement account, the goods are not reserved.
The Seller cannot guarantee the availability of the Seller's Goods in the quantity specified at the time of placing the Order, as a result of which the Order processing time may increase.
6. Liability of the parties
6.1. The Parties are responsible 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.
6.2. The seller is not responsible for:
6.2.1. for a slight discrepancy between the original color gamut of the Goods presented in the Online Store, may differ from them solely through different color rendering of monitors of personal computers, laptops, tablets and smartphones of the Buyer;
6.2.2. for the content and accuracy of the information provided by the Buyer when placing an order;
6.2.3. for delays and interruptions in the provision of services (order processing and delivery of goods) that occur through no fault of the Seller;
6.2.4. for illegal, illegal actions of the Buyer committed using access to the Internet;
6.2.5. for the transfer by the Buyer of their network identifiers - IP, MAC address, login and password to third parties;
6.2.6. for illegal actions of third parties;
6.2.7. in the event of force majeure.
6.3. The Buyer, using the access to the Internet provided to him, is solely responsible for the harm caused by his actions (personally, even if another person was under his login) to the Seller and / or third parties, or their property, the state.
6.4. In case of occurrence of force majeure circumstances, the Parties are released from fulfilling the terms of this Agreement. For the purposes of this agreement, force majeure means events of an extraordinary, unforeseen nature that preclude or objectively interfere with the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
6.5. The Parties shall make every effort to resolve any differences solely through negotiations.
6.6. The Buyer is responsible for the accuracy of the data specified in the Order form. In the event that inaccurate (incorrect) indication of data in the order has led to additional costs for the seller associated with the delivery of the Goods to the wrong address or the issuance of the Goods that do not belong to the Buyer / Recipient, all losses and expenses associated with this are borne by the Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the Goods (to offset counterclaims).
6.7. In any case, the amount of damages (both material and non-property) that can be paid to the Buyer in connection with the violation of his rights when using the Site (in particular, in connection with the failure to fulfill the Order or its improper execution, other violations of the Buyer's rights) in accordance with Art. 22 of the Civil Code of Ukraine, is limited to the amount of the order.
7. The moment of conclusion of the contract and its validity period
7.1. An electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response on the acceptance of this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
7.2. Before the expiration of this Agreement, it may be terminated by mutual agreement of the Parties until the actual delivery of the goods, by returning the funds.
7.3. The Parties have the right to terminate this Agreement unilaterally, if one of the Parties fails to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.