PUBLIC OFFER OFFER
Under this Agreement, one party Seller on the one hand, and any person who has accepted the terms of this Public Offering Agreement - Buyer, on the other hand, hereinafter collectively referred to as the Parties, have concluded this Public Offering Agreement (hereinafter - the Agreement) addressed to an unlimited circle persons, which is the official public offer of the Seller to conclude with the Buyers a contract of sale of Goods, the photos of which are placed in the relevant section of the Website http://g-mak.com.ua
Vendors who intend to sell the Products through the Website http://g-mak.com.ua and Buyers upon purchase of the Products, the images of which are placed on the relevant pages http://g-mak.com.ua, accept the terms of this Agreement.
1. GENERAL PROVISIONS
1.1. Contractual relations between the seller and the buyer are formalized in the form of a Public Offer Agreement. Clicking on the website http://g-mak.com.ua on the corresponding section of the "PURCHASE" button means that the Buyer, regardless of status (natural person, legal entity, individual entrepreneur), in accordance with the applicable international and Ukrainian law, has taken into account the fulfillment of the terms of the Public Offer Agreement, which are set out below.
1.2. The contract of public offering is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure of ordering, payment and delivery of the goods by the Seller, responsibility for unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force upon clicking on the "PURCHASE" button, by which the Buyer agrees to make the purchase of the Goods available from the Seller and shall remain valid until the Buyer receives the Goods from the Seller and settles them fully.
1.4. To regulate the contractual relations under the Treaty, the Parties shall select and, if necessary, apply the Ukrainian legislation. If an international treaty, the consent of which is provided by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, then the rules of the international treaty apply.
2. DEADLINES AND DEFINITIONS
"Public Offer Agreement" is a public contract, a sample of which is posted on the Website http://g-mak.com.ua and which is binding on all Sellers, containing the Seller's offer to purchase the Product, the image of which is placed on The website http://g-mak.com.ua, targeted at an undefined number of individuals, including Buyers.
Acceptance is the acceptance by the Buyer of the seller's offer to purchase the Product, the image of which is posted on the Website http://g-mak.com.ua, by adding it to the virtual basket and sending the Order.
"Goods" - the subject of trade (product, model, accessory, accessories and related items, any other objects of trade), on the purchase of which the seller's offer is placed on the Website http://g-mak.com.ua.
"Buyer" - any capable natural, legal person, entrepreneur-natural person, in accordance with applicable international and Ukrainian legislation, who have visited the Website http://g-mak.com.ua and intend to purchase this or that Product .
"Seller" - any capable natural, legal person, natural person-entrepreneur, in accordance with the current international and Ukrainian legislation, who own or distribute the Goods and through the Website http://g-mak.com.ua have intention to sell it.
"Order" - duly executed and placed on the Website http://g-mak.com.ua Buyer's application for the purchase of Goods, addresses to the seller.
"Legislation" means the rules established by Ukrainian or international law to regulate contractual legal relations under the Treaty.
"Substantial defect in the Product" - a defect that makes it impossible or unacceptable to use the Product for its intended purpose, arose from the fault of the manufacturer (Seller), after its elimination again manifests for reasons other than the consumer.
3. SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified in this Agreement on the basis of an Order issued by the Buyer on the relevant page of the Website http://g-mak.com.ua, and the Buyer undertakes on the terms and in the order, defined by this Agreement, to buy the Goods and to pay money for it.
3.2. The Seller warrants that the Goods are not pledged, are not subject to dispute, are not under arrest, nor are they entitled to any third party rights.
3.3. The Seller and the Buyer confirm that the current Contract is not a dummy or fraudulent agreement or an agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that it has all the necessary permits to carry out business activities that regulate the sphere of legal relations that arise and operate in the process of implementation of this Agreement, and also guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the rights of the Buyer in the course of execution of this Agreement and sale of the Goods.
4. SELLER'S RIGHTS AND OBLIGATIONS
4.1. The seller must:
comply with the terms of this Agreement
fulfill the Buyer's order in case of payment from the Buyer;
to transfer to the Buyer the Goods in accordance with the model chosen on the relevant page of the Website http://g-mak.com.ua, the completed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during their packaging in the warehouse;
inform the buyer of the possible additional commission for payment of European orders by Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing in this contract.
4.2. The seller has the right to:
to unilaterally terminate the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
5. THE RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged to:
timely pay and receive orders under the terms of this Agreement;
to get acquainted with the information about the product, placed on the Website http://g-mak.com.ua;
upon receipt of the Goods from the person who made the delivery of them, to be sure of the integrity and completeness of the Goods by examination of the contents of the packaging. In case of damage or incomplete completion of the Goods - to fix them in the act, which together with the Buyer must be signed by the person who made the delivery to the Buyer.
5.2. The buyer has the right to:
place an order on the relevant page of the Website http://g-mak.com.ua
require the seller to comply with the terms of this Agreement;
to inform about the possible additional commission for payment of European orders by Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.
6. ORDER OF ORDERING OF ORDER
6.1. The buyer independently places an order on the corresponding page of the Website http://g-mak.com.ua by adding the Goods to the virtual basket by pressing the button "BUY", or by placing an order by e-mail, or by the phone number specified in the section contacts of the Website http://g-mak.com.ua
6.2. The term of order formation is up to 2 working days from the moment of its ordering. If the order is shipped on weekends or holidays, the term of formation starts from the first after the working day.
7. CONTRACT PRICE AND PAYMENT ORDER
7.1. The price of each individual Product is determined by the Seller and indicated on the relevant page of the Website http://g-mak.com.ua. The price of the Contract is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of an Order may vary depending on the price, quantity or item number.
7.3. The buyer can pay for the order in the following ways:
1) by bank transfer of money to the Seller's current account specified in the account, incl. via online banking (the buyer pays the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) postpayment upon receipt of the Order at the representative office of the delivery service in the territory of Ukraine or in the territory of another country according to the place of execution of the goods order.
3) Credit card of the following type:
4) by any other means agreed with the Seller.
Note. Upon payment by the Buyer, a payment card may charge an additional fee to the issuer of this card, in particular, upon payment by the Buyer, a payment card may charge an additional fee for payment by the Buyer of European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking on the Website's website http://g-mak.com.ua in the relevant section of the "BUY" button means that the Seller has informed the Buyer about the possibility of charging an additional fee when paying by the Buyer of European orders, by the issuer of Visa, Mastercard, Visa Electron , Mastercard Electronic, Maestro.
8. CONDITIONS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery or receives them personally. The procedure for payment and receipt is indicated on the relevant page of the Website http://g-mak.com.ua.
8.2. When delivering the Goods to other cities of Ukraine or in the territory of another country, performed by other Delivery Services (hereinafter the Carrier Companies), the Buyer fully and unconditionally agrees with the Rules of Carriage of Goods by these Carrier Companies.
8.3. The fact of receipt of the Goods and the absence of claims for the quality of the Goods delivered by the Carrier Companies shall be confirmed by the Buyer by his own signature in the freight waybill, the declaration of the Carrier Company, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid by the Buyer, in full according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address specified by the Buyer in the application or refusal of the Buyer to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods shall be returned to the shipping center of shipment. Payment for the services of the Carrier Company shall be deducted from the amount transferred by the Buyer for the Goods. The balance is returned to the Buyer on the basis of his letter sent to the e-mail: email@example.com indicating the current account to which the funds should be returned.
The Buyer can find out all issues arising during the process of payment and receipt of the Goods by the contact information in the Contacts section.
9. CONDITIONS OF RETURN OF GOODS
9.1. According to Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange the good quality Goods within fourteen days, not counting the day of purchase, unless a longer term is declared by the Seller. The buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return shall be made in accordance with the section of the Site "EXCHANGE AND RETURN" taking into account the terms and conditions of the carrier or courier, acting in the territory of Ukraine or in the territory of another country at the place where the Goods are received.
9.3. In the case of at least one of the above disadvantages, the Buyer is obliged to fix it in a written act of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or Seller. Where possible, the defects should be fixed by means of photo or video. Within 1 (one) day the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the Goods) of the identified defects and agree on the replacement of the Goods, while filling in the return form for returning the goods on the site http://g-mak.com .ua.
9.4. The Parties have agreed that in case of non-compliance with the mandatory requirements of the said procedure, the Buyer will receive the Goods in proper condition - without any mechanical damages and in full completeness.
10. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
10.1. The Parties are responsible for the non-compliance or improper fulfillment of the terms of this Agreement in accordance with the procedure stipulated by this Treaty and applicable international and Ukrainian legislation.
10.2. In the event of disputes related to the implementation of the Parties to this Agreement, except for disputes on the recovery of debt from the buyer, the Parties undertake to resolve them by negotiation in accordance with the claim procedure. The term of consideration of the claim is 7 (seven) calendar days from the date of its receipt. Disputes regarding the recovery of debt from the Buyer do not need to comply with the claim procedure.
10.3. All disputes, disagreements or claims arising out of or in connection with this Treaty, including those relating to its implementation, breach, termination or invalidity, shall be settled in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJOR CIRCUMSTANCES
11.1. The parties are not responsible for the failure to fulfill any of their obligations, except for the obligations to pay, if they prove that such failure was caused by force majeure, ie events or circumstances that are really beyond the control of such party, who occurred after the conclusion of this Agreement, are unpredictable and inevitable.
Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, frostbites, wars (both declared and unannounced), riots, loss of goods, carrier delays caused by accidents or inclement weather, unsafe weather conditions, at sea, embargo, catastrophes, restrictions imposed by public authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances have directly affected the implementation of this Treaty.
11.2. A Party which has found it impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing of the occurrence of the above circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of force majeure . Such confirmation will be a certificate, certificate or other relevant document issued by the authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which implementation has been postponed due to the above circumstances.
11.4. If due to the force majeure circumstances of non-fulfillment of obligations under this Treaty, it lasts for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by giving written notice to the other party.
Notwithstanding the occurrence of force majeure, prior to termination of this Agreement, due to force majeure circumstances, the Parties shall make final settlements.
12. OTHER CONDITIONS
12.1. The information provided by Buyers is confidential. The Buyer information is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending promotional messages, etc.).
12.2. By accepting the Agreement or registering on the Website http://g-mak.com.ua (filling in the registration form) the Buyer voluntarily agrees to the collection and processing of his personal data for the following purpose: the data that becomes known will be used in commercial purposes, including for the processing of purchase orders, receipt of order information, telecommunication communications (e-mail, mobile communication) of promotional and special offers, promotions, raffles or any other information for the activities of the Website http://g-mak.com.ua.
For the purposes stipulated by this paragraph, the Buyer shall have the right to send letters, messages and materials to the buyer's postal address, e-mail, as well as to send sms-messages, to make calls to the telephone number specified in the questionnaire.
12.3. The buyer gives the right to process his personal data, including: to put personal data in databases (without additional notification about it), to carry out permanent storage of data, their accumulation, updating, change (as necessary). Seller undertakes to protect data from unauthorized access by third parties, not to disseminate or transmit data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, and also at the compulsory request of a competent public authority).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing an application for refusal to receive promotional materials by sending it to a postal or e-mail address.
12.5. The Seller is not responsible for the content and authenticity of the information provided by the Buyer when placing the order. The buyer is responsible for the accuracy of the information provided when placing the order information.