PUBLIC OFFER AGREEMENT
1.1. This offer is an official offer of “OXIMED”, hereinafter referred to as the “Seller”, to conclude a Lease Agreement, purchase and sale of goods remotely, that is, through an Online store, hereinafter referred to as the” Agreement”, and places a Public Offer (offer) on the official website of the Seller https://oxi-med.com.ua (hereinafter referred to as the”website”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic lease agreement, purchase and sale of goods, is the fact of placing an order by the Buyer on the terms of this Agreement, in the terms and at the prices agreed with the Seller’s representative.
Concepts and definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* “product” – models, accessories, accessories 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 making an electronic transaction.
* “Seller” – the company that sells the products presented on the website.
* “Buyer” – an individual who has entered into a Contract with the Seller on the terms set out below.
* “Order” – selection of individual items from the list of products specified by the Buyer when placing the order and making the payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer 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 rental, purchase and sale of goods in the Online Store, including:
– the Buyer’s voluntary choice of products in the online store;
– self-registration of the 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 under the terms of this Agreement.
Order processing procedure
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. If the goods are not in stock, the Company’s Manager is obliged to inform the Buyer (by phone, via messenger or via e-mail).
4.4. In the absence of the product, the Buyer has the right to replace it with a product of a similar model, refuse this product, cancel the order.
Order payment procedure
5.1. Payment is made upon receipt of the goods from an employee of the company for cash payment in UAH.
5.2. In case of non-receipt of funds, the Online Store reserves the right to cancel the order.
Order Delivery terms
6.1. Delivery of goods ordered in the Online Store is carried out by the company’s funds.
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 suspend the provision of services under this agreement if the Buyer violates the terms of this agreement.
7.2. The Buyer is obliged to:
– timely pay for the received order under the terms of this agreement.
7.3. The Buyer has the right to:
– place an order in the online store;
– issue a contract;
– require the Seller to fulfill 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 accordance with the procedure provided for in this agreement and the current legislation of Ukraine.
8.2. The Seller is not responsible for:
– the appearance of the Product changed by the manufacturer;
– for a slight discrepancy in the color scheme of the product, which may differ from the original product solely due to the different color transmission of the monitors of individual models of personal computers;
– 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 (order processing and delivery of goods) that occur for reasons beyond its control;
– for illegal illegal actions carried out by the Buyer with the help of this access to the Internet;
– for the transfer of the Buyer’s network identifiers-IP, MAC address, username and password to third parties;
8.3. The Buyer, using the Internet access provided to him, is solely responsible for the damage caused by his actions (personally, even if another person was under his username) to persons or their property, legal entities, the state or moral principles of morality.
8.4. In the event of force majeure, the parties are released from fulfilling the terms of this agreement. Force majeure for the purposes of this agreement means events of an extraordinary, unforeseen nature that exclude or objectively interfere with the performance of this agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable means.
8.5. The Parties shall make every effort to resolve any differences exclusively through negotiations.
9.1. The Online Store reserves the right to unilaterally make changes to this agreement, subject to its preliminary publication on the website https://oxi-med.com.ua
9.2. The online store is created for the organization of a remote method of selling 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 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 “On the Protection of Personal Data”.
9.4. Payment by the Buyer for an order placed in the Online Store means the Buyer’s full consent to the terms of the lease, 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 terms, in accordance with Article 11 of the Law of Ukraine ” On Electronic Commerce»
9.6. The use of the Online Store resource for previewing the product, 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 exclusively for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, making mutual settlements, etc.
The procedure for returning goods of proper quality
10.1. The 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 made at the expense of the Buyer.
10.3. If the Buyer returns the goods of proper quality, the Online Store returns the amount of money paid for the goods upon the return of the goods, less 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 when the person who sent the offer to conclude such a contract receives a response about the acceptance of this offer in accordance with the procedure specified in part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2. Before the expiration of this Agreement, this Agreement may be terminated by mutual consent of the parties until the actual delivery of the goods, by returning the funds
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 provided for by the current legislation of Ukraine.