Public offer agreement

  1. General Provisions

1.1. This Public Offer (hereinafter referred to as the "Offer") is an official offer by the company "zabormarket.com.ua" (hereinafter referred to as the "Seller") to conclude a contract for the sale and purchase of goods remotely (through the Online Store) under the terms and conditions set forth in this document. The Offer is posted on the official website of the Seller - zabormarket.com.ua (hereinafter referred to as the "Site").

1.2. Acceptance of this offer is considered to be full payment by the buyer for the order under the terms of this Offer, within the timeframes and at the prices specified on the Site. The moment of conclusion of the agreement is considered to be the fact of crediting funds to the Seller's bank account.

  1. Terms and definitions

2.1. In this Offer, unless the context provides otherwise, the following concepts shall be used:

  • Product - any models, components, accessories and related products offered for sale on the Website.
  • Online store - the Seller's electronic platform for displaying and selling Products through electronic transactions (in accordance with the Law of Ukraine "On Electronic Commerce").
  • Seller - a legal entity selling Products through the Online store.
  • Buyer - an individual who has placed an order and entered into an agreement with the Seller under the terms of this Offer.
  • Order - the Buyer's selection of one or more product items, the specified amount to be paid and confirmation of the choice by placing an application on the Website.
  1. Subject of the agreement

3.1. The Seller undertakes to transfer the selected Product to the Buyer's ownership, and the Buyer - to pay for and accept the Product in accordance with the terms of this Offer.

3.2. This agreement regulates the following stages of interaction:

  • independent selection by the Buyer of the Product available in the Site catalog;
  • placing an order in electronic form;
  • payment for the order on the terms offered on the Site;
  • completion, processing and transfer of the order to the transport company for delivery to the Buyer;
  • receipt of the Product by the Buyer on the terms of this Offer.
  1. Placing an order

4.1. The Buyer has the right to place an order for any product presented on the Site and having the status “in stock”.
4.2. Any number of units of each product item may be indicated in the order.
4.3. If the Product is out of stock, the Seller's manager will notify the Buyer by phone or email.
4.4. If the item is out of stock, the Buyer can:

  • replace it with a similar Product;
  • refuse this item;
  • cancel the order completely.
  1. Payment for the order

5.1. Cash on delivery
5.1.1. Payment for the order is made upon receipt of the Product at the branch of the transport company in cash, in the national currency of Ukraine (hryvnia).
5.1.2. In case of non-receipt of payment, the Seller reserves the right to cancel the order.

  1. Delivery of the order

6.1. Delivery of purchased Goods is carried out to the warehouses of transport companies, from where the Buyer picks up their order in person.
6.2. When issuing an order, the Buyer is provided with all the necessary documents in accordance with the requirements of the legislation of Ukraine.

  1. Rights and obligations of the parties

7.1. The Seller has the right:

  • to suspend the fulfillment of obligations under this agreement unilaterally if the Buyer violates the terms of the Offer.

7.2. The Buyer is obliged to:

  • pay for the order in a timely manner and in full;
  • receive the order within the time frame and in the manner stipulated by this agreement.

7.3. The Buyer has the right to:

  • place orders through the Online Store;
  • demand that the Seller properly fulfill the terms of this Offer.
  1. Responsibility of the Parties

8.1. The Parties shall be liable for failure to fulfill or improper fulfillment of their obligations in the manner established by the legislation of Ukraine and this Offer.

8.2. The Seller shall not be liable for:

  • changes in the shape, color, packaging of the Goods made by the manufacturer;
  • minor discrepancies in the color of the product image on the screen and the actual shade (depending on the monitor parameters);
  • incorrectness of the data specified by the Buyer when placing the order;
  • delays or interruptions and in order processing and delivery, arising for reasons beyond the control of the Seller;
  • illegal actions of the Buyer when using Internet access, including the transfer of their account data to third parties.

8.3. The Buyer is solely liable for damage caused to third parties by actions committed using their login and password.

8.4. In the event of force majeure circumstances (extraordinary and unforeseen events that prevent the performance of the contract), the parties are released from liability for the duration of such circumstances.

8.5. In all other cases, disputes are resolved through negotiations.

  1. Other conditions

9.1. The Seller has the right to make changes to the text of this Offer unilaterally with subsequent publication on the website zabormarket.com.ua.
9.2. The Website was created solely for the remote sale of Goods via the Internet.
9.3. When placing an order, the Buyer confirms consent to the collection and use of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data".
9.4. Payment for the order means full and unconditional acceptance by the Buyer of the terms of this public offer.
9.5. An electronic contract is concluded from the moment of acceptance of the Offer (Article 11 of the Law of Ukraine "On Electronic Commerce").
9.6. Using the Website to review the Goods and place an order is free of charge.
9.7. All data provided by the Buyer when placing an order are confidential and are used by the Seller only for order processing, notifications, delivery and settlements.

  1. Return of goods of proper quality

10.1. Return is possible in accordance with the current legislation of Ukraine.
10.2. The costs of transportation of the returned Goods are borne by the Buyer.
10.3. When returning Goods of proper quality, the Seller returns the amount paid minus the actual shipping costs.

  1. Duration of the Agreement

11.1. The Agreement is considered concluded from the moment the Seller receives the acceptance of the Offer.
11.2. Before the actual transfer of the Goods, the parties may terminate the contract by mutual agreement by returning the funds.
11.3. The Seller or the Buyer has the right to unilaterally terminate the contract in case of violation of the terms of this Offer or in other cases stipulated by the legislation of Ukraine.