This Public Offer Agreement is an official proposal of the Seller to an unlimited number of persons to conclude an agreement with the Seller for the supply of goods remotely on the conditions provided for in this offer, by creating an order in the online store on the website https://opeks.ua/
Definition of terms
Public Offer Agreement - a public Agreement, the terms of which, according to Art. 633, 641 of the Civil Code of Ukraine, are the same for all Buyers, the unconditional acceptance of the conditions of which by the Buyer (payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the Seller and the Buyer.
Administration - LLC "NPP" OPEKS ENERGOSYSTEMY ", registered in accordance with the legislation of Ukraine, EDRPOU 30521500, located at the address: 03062, Kiev, Saperno-Slobodskaya, 22, which is the copyright holder of the site https://opeks.ua/
Acceptance - acceptance by a person of an offer to conclude an Agreement (by clicking on the link "Place an order", or by placing an order through the operator of the online store).
Online store - a corresponding software-functional complex posted on the official website at https://opeks.ua/, which allows you to get acquainted with the Goods, their appearance, technical characteristics, price, payment terms, etc., make the appropriate order, etc.
Seller - a legal entity or individual entrepreneur who has posted information about the Goods and / or services that are sold to them in the Internet store. The Seller can be either the Administration or any person to whom the Administration has granted the right to post information about the Goods and / or services. The name of the Seller is indicated in the documents for the transfer of the Goods to the Buyer.
Offer - the Seller's offer to conclude this Public Offer Agreement on the terms set forth in this Agreement, addressed to an unlimited number of persons.
Checkout - the Buyer's application for the purchase of the Goods, which is addressed to the Seller for its execution and is carried out by placing the Buyer's application in the online store by clicking on the "Checkout" link or by giving consent to the ordering process to the online store operator.
Confirmation of the order - notification of the Seller about the receipt of the order from the Buyer and acceptance of such an order for execution.
Buyer - any person who has accepted this public offer.
Parties - the joint name of the Seller and the Buyer.
Goods - construction and finishing materials, tools and components, any other goods, information about which is posted in the online store.
1. General Provisions
1.1. This Public Offer Agreement is a public Agreement in accordance with Art. 633, 641 of the Civil Code of Ukraine, the conditions of which are set the same for all Buyers.
1.2. The fact of placing an order by the Buyer (by clicking on the link "Place an order", or by placing an order through the operator of the online store) in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, is considered the acceptance of this Agreement by the Buyer.
1.3. The agreement concluded on the basis of the Buyer's acceptance of this offer is the Accession Agreement, to which the Buyer accedes without any exceptions and / or reservations.
1.4. The administration of the online store at any time, without notice, can make changes to this Agreement, materials and information contained in the online store. The administration under no circumstances is responsible for the irrelevance of the information on the site, any losses arising from the use, inability to use or the results of using the resource of the online store.
2. Subject of the contract
2.1. The Seller undertakes to transfer the Goods under the terms of this Agreement to the ownership of the Buyer, and the Buyer undertakes to accept the Goods in ownership and pay for it under the terms of this Agreement.
2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious, sham transaction, a transaction that is made under the influence of violence or deception.
3. The moment of the conclusion of the contract
3.1. The Buyer's acceptance of the offer to conclude an Agreement (Acceptance) is carried out by placing an order for the Goods in the online store. The moment of conclusion of the Agreement is the confirmation of the order by the Seller.
3.2. The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Agreement, including the Buyer's consent to receive advertising materials by means of communication (including, but not exclusively, by e-mail, mobile communication). At any time, the Buyer can refuse to receive advertising materials in the "My Account" section of the Internet store.
4.1. The order of the Goods is carried out by the Buyer through the online store or with the help of the operator of the online store.
4.2. You can place an order through the online store after registration. At the same time, the Buyer has the right to register on the site only 1 (one) time, that is, he can have only one Personal Account.
4.3. When registering in the online store, or when ordering the Goods using the operator of the online store, the Buyer is obliged to provide the following information about himself:
- surname, name, patronymic of the Buyer;
- contact phone number of the Buyer;
- email address for communication with the Buyer;
- delivery address of the Goods (if necessary, delivery of the Goods).
4.4. The buyer who registers in the online store receives individual identification by providing a username and password. The transfer by the Buyer of the login and password to third parties is prohibited.
4.5. The Buyer places an order by clicking on the "Place an order" link or by confirming the order to the operator of the online store, respectively.
The Buyer's placing an order and further transferring it for execution means a sufficient and complete acquaintance of the Buyer with the price of the Goods, the technical characteristics of the Goods, its functionality, information on the delivery times and conditions of warranty service.
4.6. The order is considered accepted by the Seller and is subject to execution after the last confirmation of the order (confirmation is the Seller's message sent by means of communication to the Buyer).
In the absence of the ordered Goods in the Seller's warehouse, including for reasons beyond the control of the Seller, the Seller has the right to cancel the specified Goods from the Buyer's order and notify the Buyer about it.
4.7. Any information about the Goods contained on the official website of the Seller is for informational purposes only and cannot be perceived as such that fully convey all the properties and characteristics of the Goods. If the Buyer has any questions regarding the properties and characteristics of the Goods, before ordering the Goods, he must seek advice from the operator of the online store.
5. Product price and terms of payment
5.1. The price at which the Goods are sold is indicated in the documents for the transfer of the Goods to the Buyer.
The Seller reserves the right to change the prices of the Goods unilaterally. At the same time, the prices for the Goods ordered by the Buyer (after confirmation of the order by the Seller) are not subject to change.
5.2. Payment for the Goods is carried out by the Buyer in cash (if the Goods are received at the Seller's warehouses or post offices) or in a non-cash form by transferring funds to the Seller's current account. Settlement currency is hryvnia.
5.3. The Buyer is obliged to pay for the ordered Goods within the time frame agreed by the Parties when placing the order.
5.4. In the case of a non-cash form of payment, the Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are credited to the current account of the Seller (his branch).
5.5. If the Product is sold at a discount, information about the availability and amount of the discount is posted on the Seller's official website, and is for informational purposes only. The price at which the Goods are sold is indicated in accordance with clause 5.1. Discounts are not cumulative and do not add to other discounts.
6. Terms of delivery of goods
6.1. The Seller's obligations to transfer the Goods to the Buyer arise from the moment the order confirmation is sent to the Buyer.
6.2. The timing of the transfer of the Goods to the Buyer is agreed by the Parties in each specific case and fixed in the order confirmation. The date of delivery of the Goods is indicated in the invoices for the Goods.
6.3. The goods can be handed over to the Buyer at one of the Seller's warehouses (the list of which is indicated in the "Contacts" section of the online store) or delivered to the Buyer at the address indicated by the latter. When the Goods are delivered to the Buyer at the address indicated by him, the transportation of such Goods is carried out at the expense of the Buyer.
Delivery of the Goods to the Buyer is carried out:
6.3.1. to the addresses of the Seller's warehouses and stores (self-pickup);
6.3.2. by the transport of the Seller to the address indicated by the Buyer;
6.3.3. with the help of a carrier (postal service, delivery service, courier service, etc.) to the point of issue or at the address specified by the Buyer.
When delivering the Goods by the carrier, the Buyer fully and unconditionally agrees with the Rules for the carriage of goods of the carrier company (including the cost of delivery).
6.4. Ownership of the Goods passes from the Seller to the Buyer:
- from the moment of transfer of the Goods to the Buyer (if the Buyer receives the Goods at one of the Seller's warehouses / stores / in the store / retail space or delivery in accordance with clause 6.3.2. of the Agreement). The moment of transfer of the Goods to the Buyer is the signing by the Parties of the invoice for such Goods;
- from the moment the Seller transfers the Goods to the carrier (delivery service, courier service, etc.).
6.5. Obligations to transfer the Goods in the cases provided for in paragraphs. 6.3.1, 6.3.2 of the Agreement shall be deemed completed from the date of signing by the Parties of the invoice. The risk of accidental destruction of the Goods passes to the Buyer from the date of signing the invoice.
6.6. Obligations to transfer the Goods in the cases provided for in paragraphs. 6.3.3 The Contracts are considered fulfilled, and the risk of accidental loss of the Goods passes to the Buyer at the time the Seller transfers the Goods to the carrier. The carrier is responsible for the delivery of the Goods to the place of delivery.
6.7. Acceptance of the Goods in terms of quantity and quality takes place at the place of transfer of the Goods from the Seller (carrier) to the Buyer. After the Buyer receives the Goods, claims for the quantity, completeness and type of the Goods are not accepted.
7. Return of goods
7.1. The Buyer has the right to return to the Seller non-food Products of good quality if he does not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used by him for his intended purpose. The Buyer has the right to return the Goods of good quality within 14 (fourteen) days, excluding the day of purchase. The return of the Goods of proper quality is carried out if it has not been used and its presentation, consumer properties, seals, labels, as well as the payment document issued along with the sold Goods are preserved. The list of Products that cannot be returned on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
7.2. Consideration of the Buyer's requirements, incl. the return of the Goods is carried out on condition that the Buyer submits the documents stipulated by the current legislation of Ukraine (including a written application).
8. Rights and obligations of the seller
8.1. The seller has the right:
- at any time make changes to this Agreement, materials and information (including about the Goods) offered in the online store;
- refuse to conclude a public offer agreement if he does not have the ability to sell the relevant Goods to the Buyer;
- record telephone conversations with the Buyer;
- suspend the sale of the Goods to the Buyer if the Buyer violates his obligations (including, but not limited to, failure to pay for the ordered Goods) under this Agreement;
- require the Buyer to fulfill his obligations under this Agreement in good faith;
- without agreement with the Buyer, transfer their rights and obligations to fulfill the Agreement to third parties.
8.2. The seller is obliged:
- send the Buyer an order confirmation or inform him about the impossibility of fulfilling the Buyer's order;
- transfer the Goods to the Buyer after making payment for such Goods;
- check the quality and quantity of the Goods when they are handed over to the Buyer;
- not to disclose any private information of the Buyer and not to provide access to this information to third parties, except as provided by the legislation of Ukraine (it is not considered a violation by the Seller to provide information to counterparties and third parties acting on the basis of the Agreement with the Seller, including to fulfill obligations to Buyer);
- to prevent attempts of unauthorized access to information and / or its transfer to persons not directly related to the execution of orders; timely identify and suppress such facts;
- properly comply with the terms of this Agreement.
9. Rights and obligations of the buyer
9.1. The buyer has the right:
- register in the online store;
- in case of disagreement with any clause of the offer, refuse to purchase the Goods, register in the online store and any other actions provided for by this Agreement;
- seek advice from the Seller regarding the properties and characteristics of the Goods;
- require the Seller to fulfill his obligations under this Agreement in good faith;
- other rights provided for by the current legislation of Ukraine.
9.2. The buyer is obliged:
- before the conclusion of the Agreement, familiarize yourself with the content and terms of the Agreement, prices for the Goods offered by the Seller in the online store;
- provide all the necessary data identifying him as a Buyer and necessary for registration in the online store by manually entering the data when registering in the online store or by communicating the necessary information to the operator of the online store, to keep them up to date;
- timely pay for the ordered Goods (and its delivery, if necessary, delivery of the Goods);
- properly formalize the acceptance of the Goods (including signing and transferring the relevant documents to the Seller to receive the Goods), present an identity document (the person authorized to receive the Goods);
- check the quality and quantity of the Goods upon receipt from the Seller;
- not to disclose any private information of the Seller and not to provide access to this information to third parties, with the exception of cases provided for by the legislation of Ukraine; not to transfer the login and password received during registration to third parties and be independently responsible for failure to fulfill this obligation;
- properly comply with the terms of this Agreement.
10. Responsibility of the parties and the procedure for resolving disputes
10.1. The parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.
10.2. When placing an order, the Buyer is responsible for the accuracy of the information provided to the Seller about himself (including, but not exclusively, the information specified in clause 4.3. Of the Agreement), and also confirms that he is familiar with the terms of this Agreement and agrees with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
10.3. The Seller is not responsible for the impossibility of fulfilling the Buyer's order if such impossibility arose as a result of circumstances independent of the Seller, including, but not limited to, disruption of communication lines, equipment malfunction, and the like.
10.4. The overall responsibility of the Seller for non-fulfillment or improper fulfillment of the terms of this Agreement is limited to the amount of the Buyer's payment, which was made on the basis of this Agreement.
10.5. The warranty for the Goods is provided in accordance with the warranty established by the manufacturer of the Goods. The Seller is not responsible for damage to the Goods in cases that are not recognized by the warranty manufacturer of the Goods, as well as in cases of violation by the Buyer of the conditions of storage and / or operation of the Goods.
11. Force majeure
11.1. The course of the term for the Parties to fulfill their obligations under this Agreement may be suspended only in the event of force majeure circumstances (force majeure), namely: fire, natural disaster, armed conflict, significant changes in the legislation of Ukraine, which makes it difficult or impossible for the Party to fulfill its obligations under this Agreement or for other circumstances that are beyond the control of the Parties.
11.2. The Party affected by force majeure circumstances must notify the other Party in writing within 5 (five) calendar days.
11.3. In the event of force majeure circumstances, the Party that was exposed to them, subject to the requirements of clause 11.2 of this Agreement, for the period of such circumstances is released from liability under this Agreement.
11.4. After the termination of the force majeure circumstances, the duration of the fulfillment of obligations is resumed. On the termination of force majeure circumstances, the Party that has been affected by them must notify the other Party in writing.
11.5. If the force majeure circumstances continue for more than 30 (thirty) calendar days in a row, then the Parties have the right to terminate this Agreement and make final settlements. At the same time, losses caused by the termination of the Agreement are not reimbursed and penalties are not paid.
12. Other terms of the contract
12.1. This Agreement enters into force from the moment the Buyer receives the order confirmation from the Seller. The Agreement is valid until the Parties fully fulfill their obligations.
12.2. This Agreement is concluded on the territory of Ukraine and operates within the framework of the current legislation of Ukraine.
12.3. The Buyer and / or the authorized persons of the Buyer give consent to the Seller to process their personal data, namely the last name, first name, patronymic, registered place of residence and / or actual residence, taxpayer identification number, passport data, as well as contact phone / fax number, email address , any other data specified by the Buyer in the registration form for registration in the online store and / or order, in order to comply with the requirements of the current legislation of Ukraine related to the conduct of the Seller's financial and economic activities and within the requirements of the current legislation on the protection of personal data.
The buyer confirms that he is familiar with the rights of the subject of personal data provided for in Art. 8 of the Law of Ukraine "On the Protection of Personal Data". The address for storing personal data is Kiev, Saperno-Slobodskaya, 22.
12.4. The online store contains materials, trademarks, trade names and other materials protected by law. The buyer or any other third parties do not have the right to use the materials posted on the online store (including making changes, copying, publishing, transferring to third parties, etc.). Use of site materials without the consent of the copyright holders is not allowed. When citing materials from the site, including copyrighted works, a link to the site of the Internet store is required.
12.5. All disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties will try to resolve during negotiations. If no agreement is reached during the negotiations, disputes will be resolved in the manner prescribed by the current legislation of Ukraine.
12.6. In cases not provided for by this Agreement, the Parties are guided by the current legislation of Ukraine.
Carefully read the text of the public offer and if you do not agree with any clause of the offer, you have the right to refuse to purchase the Goods available in the online store and not take the actions specified in clauses 4.3, 3.1 of this Offer.