Public Offer Agreement
Under this Agreement, one party - the Seller, on the one hand, and any person accepting the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as “the Parties”, have entered into this Public Offer Agreement (hereinafter – “the Agreement”), addressed to an unlimited number of persons, which is an official public offer of the Seller to enter into a Contract for the Sale of Products, pictures of which are placed in the relevant section of the Website https://savent.ua, with the Buyers.
The Sellers intending to sell the Products via the Website https://savent.ua and the Buyers, when purchasing the Products, pictures of which are placed on the relevant pages of the Website https://savent.ua, accept the terms of this Agreement on the following.
1.1. The contractual relationship between the Seller and the Buyer shall be documented in the form of a Public Offer Agreement. Clicking the “ORDER” button on the page of the Website https://savent.ua in the relevant section shall mean that the Buyer, regardless of its/his or her status (individual, legal entity, individual entrepreneur), under the current international and Ukrainian legislation, undertakes to fulfill the conditions of the Public Offer Agreement, which are listed below.
1.2. The public offer agreement shall be public, that is, pursuant to articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). With full consent to this Agreement the Buyer shall accept the terms and procedure of placing an order, payment and delivery of Products by the Seller, responsibility for improper ordering and for non-fulfillment of the terms of this Agreement.
1.3. The present Agreement shall come into force from the moment of clicking on the “Order” button, by which the Buyer agrees to purchase the Products available with the Seller, and shall be valid until the Buyer receives the Products from the Seller and carries out the final settlement with it.
1.4. To regulate contractual legal relationship under the Agreement, the Parties shall choose and, if necessary, apply the Ukrainian legislation. If an international treaty, the consent to be bound by which is granted by the Verkhovna Rada of Ukraine, sets rules other than those set by the Ukrainian legislation, the rules of the international treaty shall apply.
TERMS AND DEFINITIONS
“Public Offer Agreement” – a public agreement, a sample of which is posted on the Website https://savent.ua and the application of which is mandatory for all Sellers, containing the Seller's offer as to acquisition of the Products, the image of which is posted on the Website https://savent.ua, directed to an indefinite number of persons, including Buyers.
“Acceptance” – the Buyer's acceptance of the Seller's offer as to acquisition of the Products, the image of which is posted on the Website https://savent.ua, by adding them to the virtual shopping cart and sending the Order.
“Product” – an article of commerce (article, model, accessory, components and related items, any other items of commerce) for the acquisition of which the Seller's offer is posted on the Website https://savent.ua
“Buyer” – any legally capable person, legal entity, individual entrepreneur, according to the current Ukrainian legislation, which/who visited the Website https://savent.ua and which/who intends to purchase a particular Product.
“Seller” – any legally capable person, legal entity, individual entrepreneur, according to the current international and Ukrainian legislation, which/who are the owners or distributors of Products and have the intention to sell it with the aid of the Website https://savent.ua
“Order” – duly executed and posted on the Website https://savent.ua Buyer's application for the purchase of Products, addressed to the Seller.
“Legislation” – norms established by the Ukrainian or international legislation to regulate contractual legal relationship under the Agreement.
“Significant defect of the Product” – a defect that makes it impossible or unacceptable to use the Product in accordance with its intended purpose, that occurred through the fault of the manufacturer (Seller), after its elimination appears again for reasons beyond the control of the consumer.
SUBJECT MATTER OF THE AGREEMENT
3.1. The Seller undertakes, under the conditions and in the manner specified in this Agreement, to sell the Products on the basis of the Order placed by the Buyer on the relevant page of the Website https://savent.ua, and the Buyer undertakes, under the conditions and in the manner specified in this Agreement, to buy the Products and pay money for them.
3.2 The Seller guarantees that the Products are not pledged, are not the subject of dispute, are not under arrest, and there are no rights of third parties with respect to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction, or a transaction concluded under the influence of pressure or fraud.
3.4. The Seller confirms that it has all the necessary permits to conduct commercial activities that regulate the sphere of legal relations arising and acting in the process of execution of this Agreement, and also guarantees that it has the right to manufacture and/or sell the products without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of execution of this Agreement and sale of the Products.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller is obliged to:
- fulfil the conditions of this Agreement;
- fulfill the Buyer's order in case of receipt of payment from the Buyer;
- transfer the Products to the Buyer in accordance with the selected sample on the corresponding page of the Website https://savent.ua, the official Order and the conditions of this Agreement;
- check the qualitative and quantitative characteristics of the Products during their packing at the warehouse;
- notify the Buyer of the possible additional fee when paying for European orders by cards like Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by means of informing in this Agreement;
4.2. The Seller has the right:
- on an unilateral basis, to suspend the provision of services under this Agreement in the event of a breach of the terms of this Agreement by the Buyer.
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obliged to:
- timely pay for and receive the order under the conditions of this Agreement;
- get acquainted with the information about the Products, which is posted on the Website https://savent.ua
- upon receipt of the Products from the person who delivered them, check the integrity and completeness of the Products by checking the contents of the packaging. In the event that damage or incomplete delivery of the Products is detected, to document it in a statement, which must be signed by the person who delivered the Products to the Buyer, together with the Buyer.
5.2. The Buyer has the right to:
- place an order on the corresponding page of the Website https://savent.ua;
- demand that the Seller fulfills the terms of this Agreement;
- to be informed about possible additional fees when paying for European orders with cards of the type of Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6.1. The Buyer shall independently place the Order on the corresponding page of the Website https://savent.ua by adding the Products to the virtual shopping cart by clicking on the button “To cart!”, or by placing an order by e-mail or by phone number, indicated in the contact section of the Website https://savent.ua.
6.2. After the manager confirms the availability of the Products, the term of formation of the Order shall be up to 2 working days from the date of its placement. If the Order is sent on a day off or holiday, the period of formation shall begin with the first working day after the day off.
AGREEMENT PRICE AND TERMS OF PAYMENT
7.1. The price of each individual Product shall be determined by the Seller and indicated on the corresponding page of the Website https://savent.ua. The Agreement price shall be determined by adding the prices of all selected Products placed in the virtual shopping cart and the delivery price, which shall be determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The value of the Order may vary depending on the price, quantity or nomenclature of the Products.
7.3 The Buyer can pay for the Order in the following ways:
1) by bank transfer to the current account of the Seller, specified in the invoice, inter alia, by means of Internet banking (the Buyer shall pay for the Order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) by cash on delivery when the Order is received at the representative office of the delivery service at the territory of Ukraine or in another country according to the place of Products ordering.
3) by credit card of the following type:
- Visa Electron
- Mastercard Electronic
4) in any other way as agreed with the Seller.
Note. If the Buyer pays for the order by payment card, additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order by payment card, additional commission may be charged if the Buyer pays for the order by issuers of such cards as Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. Clicking on the “ORDER” button on the page of the Website https://savent.ua in the relevant section shall mean that the Seller has notified the Buyer of the possibility of charging an additional fee if the Buyer pays for orders, by issuers of such cards as Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
TERMS OF DELIVERY OF THE PRODUCTS
8.1 The Buyer shall receive the Products by delivery or receive them in person. The procedure of payment and receipt is specified on the corresponding page of the Website https://savent.ua.
8.2 At delivery of the Products to other cities of Ukraine or on the territory of other country, carried out by other Delivery services (hereinafter referred to as the “Carrier Companies”), the Buyer shall fully and unconditionally agree with the Rules of cargo transportation by these Carrier Companies.
8.3 The Buyer shall confirm the fact of receipt of the Products and the absence of any complaints about the quality of the Products delivered by the Carrier Companies by signing the consignment note, the Carrier Company declaration, or the expenditure invoice when receiving the Products. For its part, the Seller shall guarantee the shipment of the Products to the Carrier Company in the quantity specified and paid for by the Buyer, in the completeness according to the specification of these Products and in proper (working) condition and quality.
8.4. In the event of absence of the Buyer at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Products for unjustified reasons, when delivered by courier of the Carrier Company, the Products shall be returned to the shipping center. Payment for the services of the Carrier Company shall be deducted from the amount transferred by the Buyer for the Products. The balance of the amount shall be returned to the Buyer on the basis of its/his or her letter sent to e-mail: firstname.lastname@example.org with the indication of the settlement account to which the funds are to be returned.
All questions arising in the process of payment and receipt of the Products, the Buyer can clarify using contact information in the Contact Us section.
TERMS OF RETURN OF THE PRODUCTS
9.1. In accordance with Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange goods of proper quality within fourteen days, not counting the day of purchase, unless a longer period is not announced by the Seller. The Buyer has the right to exchange the goods taking into consideration the provisions of the legislation on the grounds and the list of Products that are not subject to exchange (return).
9.2. If the Buyer wiches to return the Product, such return shall be carried out in compliance with the “Returns” section of the Website taking into account the rules and conditions of the carrier or courier, which are in force in Ukraine or on the territory of another country according to the place of Product receipt.
9.3. If at least one of these defects is present, the Buyer shall be obliged to record it in a certificate drawn up in arbitrary form. The certificate must be signed by the Buyer and the person who has delivered the Products or the Seller. If possible, the defects shall be documented by means of photo or video recording. Within 1 (one) day, the Buyer shall be obliged to inform the manager (the Seller's representative responsible for ordering the Products) about the detected defects and agree on the replacement of the Products, by filling out a complaint form for returning the Produtcs on the website https://savent.ua.
9.4. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, it shall be deemed that the Buyer has received the Products in proper condition - without any mechanical damage and in full completeness.
LIAIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the order envisaged by this Agreement and the applicable international and Ukrainian legislation.
10.2 In the event of disputes related to the performance of this Agreement by the Parties, except for disputes on the recovery of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the dispute settlement procedure. The term for consideration of the claim shall be seven (7) calendar days from the date of its receipt. In disputes relating to the recovery of debts from the Buyer, compliance with the claim procedure shall not be required.
10.3. All disputes, controversies or claims arising out of or in connection with this Agreement, including those related to its performance, breach, termination or invalidity, shall be settled by the appropriate court pursuant to international and Ukrainian substantive and procedural law.
FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be liable for non-fulfillment of any of their obligations, except for payment obligations, if they prove that such non-fulfillment was caused by force majeure events, that is, events or circumstances truly beyond the control of such Party that occurred after the conclusion of this Agreement and are of an unforeseeable and unavoidable nature.
Force majeure events include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, carrier delays caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by state authorities (including allocations, priorities, official requirements, quotas and price controls), if these events directly affected the performance of this Agreement.
11.2. The Party, for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure, must immediately inform the other Party in writing of the occurrence of the above circumstances, and within 30 (thirty) calendar days provide to the other Party a confirmation of force majeure events. Such confirmation will be a certificate, statement or other relevant document issued by the authorized state body located at the place of occurrence of force majeure events.
11.3. Time required by the Parties to perform their obligations under this Agreement will be extended by any term during which performance has been delayed due to the circumstances mentioned above.
11.4. If, due to force majeure circumstances, non-fulfillment of the obligations under this Agreement shall last more than three months, each party shall have the right to terminate this Agreement unilaterally by notifying the other party thereof in writing. Notwithstanding the occurrence of force majeure events, prior to the termination of this Contract due to force majeure events, the Parties shall perform final mutual settlements.
OTHER TERMS AND CONDITIONS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer shall be used only for the purposes of fulfilling its/his or her Order (sending a message to the Seller about ordering Products, sending advertising messages, etc.).
12.2. By its/his or her own acceptance of the Agreement or by registering on the Website https://savent.ua (filling in the registration form), the Buyer shall voluntarily give its/his or her consent to the collection and processing of its/his or her own personal data with the following purpose: the data that becomes known will be used for commercial purposes, including for the processing of orders to purchase products, receiving information about the order, sending by telecommunications (e-mail, mobile communications) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website https://savent.ua.
For the purposes provided for in this clause, letters, messages and materials may be sent to the Buyers’s postal address and e-mail, as well as sms-messages may be sent to the Buyer and calls made to its/his or her phone number specified in the questionnaire.
12.3. The Buyer gives the right to process its/his or her personal data, including: to place personal data in databases (without further notification of this), to carry out lifetime storage of data, their accumulation, updating, change (as necessary). The Seller undertakes to ensure protection of data from unauthorized access by third parties, not to distribute and not to transfer data to any third party (except transferring data to related persons, commercial partners, persons authorized by the Seller to carry out direct data processing for specified purposes, as well as on mandatory request of the competent state authority).
12.4. If the Buyer does not want to receive the mailout, the Buyer shall be entitled to contact the Seller, having written a statement of refusal to receive advertising materials, and having sent it to the postal or e-mail address.
12.5. The Seller shall not be responsible for the content and truthfulness of the information provided by the Buyer when placing the order. The Buyer shall be responsible for the accuracy of the information indicated when placing the order.