Public Offer Agreement
General Provisions
1.1. This offer is an official proposal from the online store «Geldium.com», hereinafter referred to as the "Seller", to conclude a distance sales agreement for goods, that is, through the online store, hereinafter referred to as the "Agreement", and publishes a Public offer (proposal) on the official website of the Seller «Geldium.com» (hereinafter - the "Website").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's proposal (acceptance) to conclude an electronic sales agreement for goods is considered to be 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 Seller's Website.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "Goods" - models, accessories, components, and accompanying items;
* "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, works, or services through an electronic agreement.
* "Seller" - the company that sells the goods presented on the Website.
* "Buyer" - an individual who has entered into an Agreement with the Seller under the terms set forth below.
* "Order" - the selection of individual items from the list of goods specified by the Buyer when placing the order and making the 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 regulates the sale of goods in the Online Store, including:
- the voluntary choice of goods by the Buyer in the Online Store;
- the 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 in ownership 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 Website and available.
4.2. Each item can be represented in the order in any quantity.
4.3. In case of unavailability of the goods in stock, the Company Manager is obliged to inform the Buyer (by phone or email).
4.4. In case of unavailability of the goods, the Buyer has the right to replace it with a similar model, refuse the goods, or cancel the order.
Order Payment Procedure
Cash on Delivery
5.1. Payment is made upon receipt of the goods at the transport company's office in cash in hryvnias.
5.2. If funds are not received, the Online Store reserves the right to cancel the order.
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 issued.
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 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:
- 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;
- to conclude an electronic agreement;
- to demand from the Seller the fulfillment of the terms of this Agreement.
Liability of the Parties
8.1. The parties are liable for non-fulfillment or improper fulfillment of the terms of this agreement in the manner provided by this agreement and the current legislation of Ukraine.
8.2. The Seller is not liable for:
- the changed appearance of the Goods by the manufacturer;
- for slight discrepancies in the color range of the goods, which may differ from the original goods solely due to the different color reproduction of computer monitors of individual models;
- for the content and truthfulness of the information provided by the Buyer when placing the order;
- for delays and interruptions in the provision of Services (processing of orders and delivery of goods) that occur for reasons beyond its control;
- for illegal actions committed by the Buyer using this access to the Internet;
- for 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 provided to them to the Internet, independently bears responsibility for the harm caused by their actions (personally, even if another person was under their login) to individuals or their property, legal entities, the state, or moral principles.
8.4. In the event of force majeure circumstances, the parties are released from the performance of the terms of this agreement. Force majeure circumstances for the purposes of this agreement are understood as events of an extraordinary, unforeseen nature that exclude or objectively hinder the performance 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 disputes exclusively through negotiations.
Other Conditions
9.1. The Online Store reserves the right to unilaterally make changes to this agreement, provided that it is published in advance on the website Geldium.com
9.2. The Online Store is created for organizing the distance sale of goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing the order. At the same time, when accepting (placing the order and subsequently paying for the goods), the Buyer gives the Seller their unconditional consent to the collection, processing, storage, and use of their personal data, in the understanding of the Law of Ukraine "On Personal Data Protection".
9.4. Payment by the Buyer for the order placed in the Online Store means full agreement of the Buyer with the terms of the sales agreement (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce".
9.6. The use of the Online Store resource for preliminary viewing of goods, as well as for placing an order for the Buyer is free of charge.
9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purposes of processing the order, sending messages to the Buyer, delivering the goods, carrying out settlements, etc.
Return Procedure for Goods of Proper Quality
10.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.
10.2. The return of goods to the Online Store is carried out at the expense of the Buyer.
10.3. Upon return of goods of proper quality by the Buyer, the Online Store returns the amount paid for the goods upon the fact of return of the goods, deducting compensation for the Online Store's expenses related to the delivery of the goods to the Buyer.
Term of the Agreement
11.1. The electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response accepting this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Until the expiration of the term of this Agreement, it may be terminated by mutual consent of the parties before the actual delivery of the goods, by returning the funds.
11.3. The parties have the right to terminate this agreement unilaterally in case of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
Please note that the online store «Geldium.com» on the official website Geldium.com, has the right, in accordance with the legislation of Ukraine, to provide the right to use the online platform to individual entrepreneurs and legal entities for the sale of goods.