General Provisions
1.1. This offer is the official offer of the online store BRP TUNING (sole proprietor Chubkova Natalia Nikolaevna), hereinafter referred to as the “Seller”, to conclude an Agreement for the sale of goods by remote means, that is, through the Internet store, hereinafter referred to as the “Agreement” , and places a public offer (offer) on the official website of the Seller https://www.brptuning.com.ua/ (hereinafter referred to as the “Internet site”).
1.2. The moment of complete and unconditional acceptance by the Buyer of the seller’s offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact of ordering and / or payment by the Buyer of the order under the terms of this Agreement, at the time and at the prices indicated on the Seller’s website.
CONCEPTS AND DEFINITIONS
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings: * “Product” – equipment, accessories, things, components and related items, limited right to use the software, other goods are presented on the website of the online store in the form of corresponding commodity positions * “Online store” – in accordance with the Law of Ukraine “On Electronic Commerce”, a means for the presentation or sale of goods, work or services by means of an electronic transaction. * “Seller” – a legal entity or an individual – an entrepreneur who sells the goods presented on the website of the online store. * “Buyer” – an individual who has entered into an Agreement with the Seller on the terms set out below. * “Order” – selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to transfer the goods to the Buyer’s ownership, and the Buyer undertakes to pay 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-registration by the Buyer of an order 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 in ownership under the terms of this Agreement;
– Features of the implementation of warranty service and consideration of the Buyer’s claims.
ORDER PROCEDURE
4.1. The buyer has the right to place an order for any product presented on the website of the online store (if the relevant product is available).
4.2. Each item can be presented in the order in any quantity (if there is a corresponding quantity of goods).
4.3. In the absence of goods in stock, the Manager of the company is obliged to notify the Buyer (by phone or via e-mail or by posting relevant information on the website of the online store).
4.4. In the absence of a product, the Buyer has the right to replace it with a product of a similar model, refuse this product, and cancel the order.
TERMS OF ORDER PAYMENT
5.1. Payment by “cash on delivery” (if such a payment method is available) is carried out upon receipt of the goods at the branch of the transport company for cash in UAH. Cash on delivery – only for Ukraine.
5.2. The buyer can pay using the methods presented on the website of the online store (information about which is posted on the website of the online store). The seller (subject to the implementation of such a payment method) can integrate elements of interaction with payment systems (services) into the user interface of the online store website and / or place appropriate links to the following payment systems (services). The Seller may also provide the Buyer with a settlement account for non-cash payments for goods and / or agree with the Buyer on another payment method (procedure) acceptable to the parties to this agreement. Additional information on the methods and / or procedure for payment for the Goods can be posted on the website of the online store, including directly next to information on a separate commodity item.
5.3. Among the commodity items (Goods) on the website of the online store, there may be software (the right of limited fixed-term use of software), equipment with embedded software and / or an urgent subscription for the use of services for maintenance (updates) of the corresponding software. Payment for goods (services) provided for in this clause can be carried out using the payment methods listed in clause 5.2. of this agreement (if there are (actual implementation) of the appropriate payment methods). The seller can establish the specifics of payment for such goods (services) by posting relevant information along with information about individual commodity items.
5.4. If funds are NOT received for the Product, the online store reserves the right to cancel the order.
TERMS OF ORDER DELIVERY
6.1. Delivery of goods purchased in the online store is carried out in the warehouses of transport companies, where orders are issued. The goods are presented in digital form, for example, software (licenses, the right to use the software), can be delivered to the Buyer by means of electronic communication (downloaded through the website of the online store, sent to the Buyer’s e-mail address and / or in another way).
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine (if the rank of the legislation provides for the provision of relevant documents).
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 of violation by the Buyer of the terms of this agreement.
7.2. The buyer is obliged:
– Timely pay and receive the order under the terms of this agreement;
– Comply with the conditions and instructions established by this agreement
7.3. The buyer has the right:
– 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 are responsible for non-fulfillment or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
– The appearance of the Goods has been changed by the manufacturer;
– For a slight discrepancy in the color gamut of the product may differ from the original product solely through the different color rendering of individual models of personal computer monitors;
– For the content and accuracy 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) that occur for reasons beyond his control;
– For illegal illegal actions committed by the Buyer using access to the Internet;
– For the transfer by the Buyer of his network identifiers – IP, MAC-address, login and password to third parties.
– For defects and / or malfunctions in the software, the right to use which is ordered and / or paid by the Buyer through the website of the online store.
8.3. The Buyer, using the Internet access provided to him, is independently responsible for the harm caused by his actions (personally, even if another person was under his login) to persons and / or their property, legal entities and / or the state.
8.4. In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. For the purposes of this agreement, force majeure circumstances mean events of an extraordinary, unforeseen nature, excluding or objectively interfering with the implementation of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The parties make every effort to resolve any disagreements exclusively through negotiations. If the dispute cannot be resolved in this way, then it is subject to further consideration in the courts of Ukraine.
8.6. Recognition in the court as invalid of individual provisions of this Agreement does not entail the invalidity of the agreement as a whole.
OTHER CONDITIONS
9.1. The online store reserves the right to unilaterally amend this agreement, subject to its publication on the website Dius Flasher
9.2. The online store was created to organize a remote way of selling goods and / or providing services via the Internet.
9.3. The buyer is responsible for the accuracy of the information specified when ordering information. At the same time, when making an acceptance (placing an order and subsequent payment for goods and / or services), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine “On the Protection of Personal Data”.
9.4. The Buyer’s placing an order for goods (services) through the Internet store and / or payment by the Buyer for the order placed in the Internet store means the Buyer’s full agreement with the terms of this agreement (public offer)
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions, in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”.
9.6. Using the resource of the online store to view the product, as well as to place an order for the Buyer is free.
9.7. The information provided by the Buyer is confidential within the limits defined by the Privacy Policy of the online store. The online store uses information about the Buyer in order to process the order, send messages to the Buyer, deliver the goods, carry out mutual settlements and other purposes provided for by the Privacy Policy of the online store.
9.8. The manufacturer of the goods is primarily responsible for the quality of the goods ordered through the online store. Before sending any claims for the quality and consumer characteristics of the goods to the Seller, the Buyer undertakes to send such a claim to the manufacturer of the goods purchased through the online store and receive a response from the manufacturer of the goods or inform the seller of the goods about not receiving a response within 45 calendar days from the date of sending claims by attaching copies of supporting documents.
The procedure for returning goods of good quality
10.1. Return of goods to the online store is carried out in accordance with the current legislation of Ukraine.
10.2. Return of goods to the online store is carried out at the expense of the Buyer.
10.3. When the Buyer returns the goods of good quality, the online store returns to him the amount paid for the goods upon the return of the goods minus the compensation for the costs of the online store associated with the delivery of the goods to the Buyer.
CONTRACT TIME
11.1. 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 specified in part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2. Until the expiration of this Agreement, it may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refund
11.3. 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 stipulated by the current legislation of Ukraine.
SELLER CONTACTS
12.1. If you have any questions about this Agreement, please contact the Seller by e-mail – natalia7chubkova@gmail.com or by phone + 380999704767, +380684954141 Natalia Chubkova