Public Offer Agreement
General Provisions
1.1. This offer is an official proposal by Sole Proprietor Seleznyov (hereinafter referred to as the “Seller”) to conclude a Purchase and Sale Agreement for goods remotely, i.e., through the online store (hereinafter referred to as the “Agreement”), and places this Public Offer (proposal) on the official website of the Seller: https://starsticks.store (hereinafter referred to as the “Website”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic Purchase and Sale Agreement shall be considered the fact of payment by the Buyer for the order under the terms of this Agreement, within the timeframes and at the prices indicated on the Website.
Definitions
2.1. In this offer, unless the context requires otherwise, the following terms shall have the following meanings:
* “Goods” – models, accessories, components, and accompanying items;
* “Online Store” – in accordance with the Law of Ukraine “On E-Commerce,” a means for presenting or selling goods, works, or services by means of an electronic transaction;
* “Seller” – the company selling the goods presented on the Website;
* “Buyer” – an individual who has concluded an Agreement with the Seller under the terms set out below;
* “Order” – the selection of individual items from the range of goods specified by the Buyer when placing an order and making payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer ownership of 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 selection of goods by the Buyer in the Online Store;
- independent placement of an order by the Buyer in the Online Store;
- payment by the Buyer for the order placed in the Online Store;
- processing and delivery of the order to the Buyer under 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 Online Store’s Website and available in stock.
4.2. Each item may be represented in the order in any quantity.
4.3. If the goods are not in stock, the company’s manager is obliged to inform the Buyer (by phone or e-mail).
4.4. If the goods are unavailable, the Buyer has the right to replace them with similar goods, refuse the goods, or cancel the order.
Payment Procedure
Cash on Delivery
5.1. Payment is made upon receipt of the goods at the transport company’s office in cash and in Ukrainian hryvnias.
5.2. If funds are not received, the Online Store reserves the right to cancel the order.
Delivery Conditions
6.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where the orders are handed over to the Buyers.
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 suspend the provision of services under this Agreement in case of violation of its terms by the Buyer.
7.2. The Buyer is obliged to:
- timely pay for and receive the order under the terms of this Agreement.
7.3. The Buyer has the right to:
- place an order in the Online Store;
- conclude an electronic agreement;
- demand that the Seller fulfill the terms of this Agreement.
Liability of the Parties
8.1. The Parties shall be liable for failure to perform or improper performance of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine.
8.2. The Seller shall not be liable for:
- changes to the appearance of the Goods made by the manufacturer;
- slight discrepancies in the color range of the Goods, which may differ from the original solely due to different color rendering of monitors of individual computer models;
- the content and accuracy of information provided by the Buyer when placing an order;
- delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond its control;
- unlawful actions committed by the Buyer using access to the Internet;
- the transfer by the Buyer of their network identifiers – IP, MAC address, login, and password to third parties.
8.3. The Buyer, using the access to the Internet provided to them, shall be independently liable for damage caused by their actions (personally, even if another person was logged in under their account) to individuals, their property, legal entities, the state, or moral principles of morality.
8.4. In case of force majeure, the Parties are released from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean extraordinary, unforeseen events that exclude or objectively prevent the execution of this Agreement, which the Parties could not foresee or prevent by reasonable means.
8.5. The Parties shall make every effort to resolve any disputes exclusively through negotiations.
Other Terms
9.1. The Online Store reserves the right to unilaterally amend this Agreement, provided it is published in advance on the Website https://starsticks.store.
9.2. The Online 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. By accepting (placing an order and subsequently paying for the goods), the Buyer provides the Seller with unconditional consent to collect, process, store, and use their personal data, as understood by the Law of Ukraine “On the Protection of Personal Data.”
9.4. Payment by the Buyer for the order placed in the Online Store shall mean the Buyer’s full agreement with the terms of the Purchase and Sale Agreement (public offer).
9.5. The actual date of the electronic agreement between the Parties shall be the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine “On E-Commerce.”
9.6. The use of the Online Store resource for preliminary viewing of goods, as well as for placing an order, is free for the Buyer.
9.7. The information provided by the Buyer is confidential. The Online Store uses the Buyer’s information solely for the purpose of processing the order, sending messages to the Buyer, delivering the goods, and making settlements.
Procedure for Returning Goods of Proper Quality
10.1. The return of goods to the Online Store shall be carried out in accordance with the current legislation of Ukraine.
10.2. The return of goods to the Online Store shall be made at the Buyer’s expense.
10.3. When the Buyer returns goods of proper quality, the Online Store refunds the amount paid for the goods upon return of the goods, minus the compensation of expenses related to the delivery of goods to the Buyer.
Term of the Agreement
11.1. The electronic Agreement shall be deemed concluded from the moment the person who sent the proposal to conclude such an Agreement receives a response of acceptance in the manner specified in part six of Article 11 of the Law of Ukraine “On E-Commerce.”
11.2. Prior to the expiration of this Agreement, it may be terminated by mutual agreement of the Parties before the actual delivery of the goods, by refunding the money.
11.3. The Parties have the right to terminate this Agreement unilaterally in the event of failure by one of the Parties to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
Please note that the Online Store “starsticks.store” on the official Website https://starsticks.store has the right, in accordance with the legislation of Ukraine, to grant the right to use the online platform to sole proprietors and legal entities for the sale of goods.