Public offer agreement
1.1. This offer is the official offer of “Timotheus.ua”, hereinafter referred to as the “Seller”, to conclude an Agreement for the sale of goods remotely, 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.timotheus.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 the fact that the Buyer pays for 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” – models, accessories, components and accompanying items;
* “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 completing an electronic transaction.
* “Seller” – a company that sells the goods presented on the website.
* “Buyer” – an individual who has entered into an Agreement with the Seller on the terms set forth 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 Agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay and accept the Goods on the terms of this Agreement.
This Agreement governs the sale and purchase 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.
4.1. The buyer has the right to place an order for any product presented on the Website of the online store and available.
4.2. Each item can be presented in the order in any quantity.
4.3. In the absence of goods in the warehouse, the Manager of the company is obliged to notify the Buyer (by phone or via e-mail).
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.
Order payment procedure
Cash on delivery in Ukraine
5.1.2 Sending is carried out upon receipt of an advance payment to the details of the Seller.
5.1.3 The prepayment amount is calculated individually and depends on the number of items added to the order.
5.1.4 Payment (full – minus the prepayment) is carried out upon receipt of the goods at the branch of the transport company for cash / bank transfer in UAH.
5.1.5 If funds are not received, the online store reserves the right to cancel the order.
5.2.1 Payment in cash is carried out upon receipt of the goods in the showroom on the territory of Ukraine.
5.2.2 Payment is made by cash / bank transfer exclusively in national currency.
Payment by card on the site
5.3.1 Payment is made by credit card Visa or MasterCard using payment services.
5.3.2 The list of payment services relevant for the buyer’s country, presented on the Buyer’s ordering page.
5.3.3 If funds are not received, the online store reserves the right to cancel the order.
Order delivery terms
6.1. Delivery of goods purchased in the online store is carried out to the warehouses of transport companies, where orders are issued.
6.2. Pickup – the Buyer can pick up the goods from the Seller’s showroom during business hours.
6.3. 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:
– unilaterally suspend the provision of services under this agreement if the Buyer violates the terms of this agreement.
7.2. The buyer is obliged:
– timely pay and receive the order under the terms of this agreement.
7.3. The buyer has the right:
– place an order in the online store;
– place an order in the online store;
– require the Seller to comply with the terms of this Agreement.
Responsibility 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:
– for a slight discrepancy in the color gamut of the product, which may differ from the original product solely due to the different color transfer of personal computer monitors of individual models;
– for the content and veracity 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 unlawful illegal actions carried out by the Buyer using this access to the Internet;
– for the transfer by the Buyer of his network identifiers – IP, MAC-address, login and password to third parties;
8.3. The buyer, using the access to the Internet provided to him, is independently responsible for the harm caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
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, which exclude or objectively interfere with the execution 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.
9.1. The online store reserves the right to unilaterally amend this agreement, subject to its preliminary publication on the website https://www.timotheus.ua/
9.2. The online store was created to organize a remote way of selling goods via the Internet.
9.3. The buyer is responsible for the accuracy of the information specified when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), 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. Payment by the Buyer for the order placed in the online store means 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 is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine “On Electronic Commerce”
9.6. Using the resource of the online store for previewing the product, as well as for placing an order for the Buyer, is free.
9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering goods, making settlements, etc.
The procedure for returning goods of good quality
10.1. Return of goods to the online store is made in accordance with the current legislation of Ukraine.
10.2. The return of the goods to the online store is 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.
11.1. An electronic contract is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response to accept this proposal in the manner specified in part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2. Before the expiration of the validity period, this Agreement 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.