Public offer agreement

PUBLIC OFFER AGREEMENT

1. TERMS OF USE OF THE WEBSITE

1.1. This agreement (hereinafter referred to as the Agreement) constitutes an offer of terms for using the website “fpvua.com” (hereinafter referred to as the Website) and is an official proposal of the Website Administration, namely Sole Proprietor (FOP) Pasechnyk Anastasiia Oleksandrivna, code 3409913168, acting on the basis of an Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (hereinafter referred to as the Seller), on the one part, and a citizen of Ukraine (hereinafter referred to as the Buyer), on the other part, (hereinafter collectively referred to as the “Parties”, and individually as a “Party”) have concluded this Sales Agreement (hereinafter referred to as the Contract) for goods by remote means, i.e. through the Website, and it regulates the terms of providing information for размещення on the Website.

1.2. A Website User is deemed to be any individual who has ever accessed the Website and has reached the age permitted to accept this Agreement.

1.3. The User must fully ознакомитися with this Agreement before registration on the Website. Registration of the User on the Website means full and unconditional acceptance by the User of this Agreement. In case of disagreement with the terms of the Agreement, the User must immediately stop using the Website.

1.4. This Agreement may be changed and/or supplemented by the Website Administration unilaterally without any special notice. These Rules are an open and publicly available document.

1.5. The moment of full and unconditional acceptance by the User of the Seller’s offer (acceptance) to conclude an electronic sales contract for goods is considered to be the факт of payment for the order under the terms of this Contract, within the сроки and at the prices indicated on the Seller’s website at the moment of payment.

2. PROCEDURE FOR USING THE WEBSITE

2.1. The Website allows viewing and downloading information from our website exclusively for personal non-commercial use. It is prohibited to modify the Website materials or distribute them for public or commercial purposes. Any use of the information on other websites or in computer networks is prohibited.

2.2. When registering on the Website and placing orders, you agree to provide truthful and accurate information about yourself and your contact details.

2.3. During registration on the Website, you receive a login and password, the security of which you are responsible for.

2.4. You may contact us with questions, claims, wishes regarding improvements, or any other information. At the same time, you are responsible for ensuring that such обращение is not unlawful, threatening, infringes copyright, discriminates against people on any basis, and does not contain insults or otherwise violate the current legislation of Ukraine.

2.5. The User automatically gives consent to receive notifications about orders, promotions, bonus balance, etc. The User may change these settings using the personal account on the Website.

3. SUBJECT OF THE CONTRACT

3.1. This Offer determines the procedure for the User’s access to information размещено on the Website, the procedure for using the Website, as well as the possibility of transferring goods to the User.

3.2. This Offer is public. By using the materials and tools of the Website, the User is considered to have accepted (to have made acceptance of) this Agreement. The User must fully ознакомитися with the terms of this Agreement before registering on the Website and/or ticking the checkbox. Registration or automatic registration of the User on the Website means full acceptance of the Agreement (in accordance with Articles 641, 642 of the Civil Code of Ukraine).

3.3. The Website is a platform for размещення offers for the sale of the Seller’s goods.

3.4. The Seller undertakes to transfer the goods into the Buyer’s ownership, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.

3.5. Information about the goods is displayed on the website “fpvua.com” and is dynamic. This means that the information may be updated, changed, and supplemented by the Website Administration at any time without prior notice to the User. Any information about the Seller’s goods, promotional conditions, goods prices, and any other rules for providing services by the Seller are displayed on the website “fpvua.com”.

3.6. The Website Administration has the right at any time to unilaterally change the terms of this Agreement. Changes take effect from the moment the new version of the Agreement is published on the website “fpvua.com”.

3.7. An offer on the Website is not an оферта. After ознакомлення with the Offer posted on the Website, the User has the right to make an offer to the Seller by filling in the Order form and/or placing an order through the website call center. Filling in the Order form is considered an offer by the User to the Seller to order the goods under the terms specified in the relevant Offer.

3.8. The offer is considered accepted by the Seller if the Seller has taken actions indicating acceptance of the User’s offer, namely: actually shipped the goods, started providing services under the terms предусмотрено by the User’s offer.

3.9. Agreement of all essential terms by the Parties is the payment and/or actual receipt of the goods by the Buyer, as well as shipment of the goods by the Seller.

3.10. By accepting the Seller’s offer, the User gives consent to receive information about the goods via дистанційного communication. A signature on documents confirming acceptance of the goods and/or actual acceptance of the goods means that the Recipient received all necessary details (information) about the goods before accepting them.

3.11. The date of заключення of the Offer Contract (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is considered the date when the Buyer fills out the order form размещено on the Website, provided that the Buyer receives confirmation of the order from the Seller. If necessary, at the Buyer’s request, the Contract may be executed in writing.

3.12. The Seller undertakes to transfer the Goods into the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.

3.13. This Contract regulates the purchase and sale of goods and services on the Website, including:

3.13.1 voluntary selection of goods by the Buyer on the Website;

3.13.2. independent placing of an order by the Buyer on the Website;

3.13.3. payment by the Buyer for the order placed on the Website;

3.13.4. processing and delivery of the order to the Buyer into ownership under the terms of this Agreement.

4. ORDER PLACEMENT PROCEDURE

4.1. The Buyer has the right to place an order for any product presented on the Website and available.

4.2. Each item may be included in the order in any quantity.

4.3. If the goods are out of stock, the Seller is obliged to inform the Buyer (via available means of communication).

4.4. If the goods are unavailable, the Buyer has the right to replace them with a similar model, отказаться from the goods, or cancel the order.

4.5. The Buyer independently places an order on the Website through the “Cart” form or through the Seller using the available means of communication specified in the Contacts section on the Website.

4.6. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion as to its validity.

4.7. When placing an order on the Website, the Buyer undertakes to provide the following mandatory information necessary to fulfill the order:

4.7.1. Surname and name of the Buyer;

4.7.2. Contact phone number;

4.7.3. Identification code for an individual entrepreneur and EDRPOU code for a legal entity.

4.8. If either Party needs additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing a качественная service to the Buyer when purchasing goods on the Website.

4.9. When placing an order through the Seller’s call center (clause 4.5 of this Agreement), the Buyer undertakes to provide the information specified in clauses 4.7–4.8 of this Offer. After placing the order through the Seller, the Buyer’s data are entered into the Website database.

4.10. The Buyer is responsible for the accuracy of the information provided when placing the Order.

4.11. If funds are not received, the Seller reserves the right to cancel the order.

5. PRICE AND PAYMENT

5.1. Prices for goods and services are determined by the Seller independently and are indicated on the website “fpvua.com”. All prices for goods and services are indicated on the Website in hryvnias.

5.2. Prices for goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the cost of a отдельной unit of the Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

5.3. If the price of the ordered goods or delivery changes, the Seller undertakes to inform the Buyer within ten days about the change in the price of the goods or delivery.

5.4. The cost of the goods indicated on the Website does not include the cost of delivery to the Buyer. The Buyer pays the delivery cost in accordance with the current tariffs of delivery services (carriers) directly to the chosen delivery service (carrier).

5.5. The Seller may indicate an approximate delivery cost on the Website and also фиксирует and communicates it to the Buyer when confirming the order.

5.6. The Buyer’s obligations to pay for the goods are considered fulfilled from the moment the funds are credited to the Seller’s bank account.

5.7. Settlements between the Seller and the Buyer for the Goods are made exclusively in the national currency by the methods indicated on the Website.

Recipient: Sole Proprietor Pasechnyk Anastasiia Oleksandrivna
IBAN: UA723220010000026003340122695
EDRPOU: 3409913168
MFO: 322001
Bank name: JSC “UNIVERSAL BANK”

nstallment Purchase by monobank | Universal Bank
Service provider:
JSC “UNIVERSAL BANK”, NBU license No. 92 dated 20.01.1994, registration number in the State Register of Banks No. 226.

Product characteristics:

• Minimum installment amount: 1 UAH
• Maximum installment amount: 400,000 UAH
• Real annual interest rate: 0.000001%
• Available term, payments: 3–25
• Repayment procedure: monthly payments in equal installments
• The first payment is made at the time of purchase оформлення

Information about the essential characteristics of the product and warnings is available on the product website: chast.monobank.ua

5.8. Upon receiving the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify the compliance of the goods with quality and quantitative characteristics (product name, quantity, completeness).

5.9. The Buyer or his/her representative confirms with a signature on the sales receipt, order, or транспортна waybill that there are no claims regarding the quantity, appearance, or completeness of the goods.

5.10. Ownership and the risk of accidental loss or damage to the goods pass to the Buyer or his/her representative from the moment the goods are received by the Buyer at the place of delivery, in case of self-pickup from the Seller, or at the moment the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.

5.11. Together with the goods, the Buyer receives accompanying documents confirming the purchase (fiscal receipt, delivery note).

6. RETURN OF GOODS

6.1. The Buyer has the right to return goods of proper quality to the Seller if the goods did not satisfy the Buyer for any reason. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if they have not been used and if their товарний appearance, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer are preserved. The list of goods that are not subject to return on the grounds provided for by this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. A refund of the cost of goods of proper quality is made within 30 (thirty) календарних days from the moment the Seller receives such Goods, provided that the requirements of clause 6.1 of the Contract and the current legislation of Ukraine are met.

6.3. The cost of the goods is refunded by bank transfer to the Buyer’s account.

6.4. Return of goods of proper quality to the Seller’s address is at the Buyer’s expense and is not reimbursed by the Seller.

6.5. If defects are discovered within the установленний warranty period, the Buyer personally, in the manner and within the сроки established by the legislation of Ukraine, has the right to предъявити the Seller the claims provided for by the Law of Ukraine “On Consumer Rights Protection”. When предъявлення claims for free устранення of defects, the period for their устранення is counted from the date the Seller receives the Goods into its распоряження.

6.6. Consideration of claims under the Law of Ukraine “On Consumer Rights Protection” is carried out by the Seller subject to the Buyer providing the documents required by the current legislation of Ukraine. The Seller is not liable for defects that возникли after the goods were transferred to the Buyer as a result of the Buyer’s violation of the rules of use or storage, actions of third parties, or force majeure.

6.7. The Buyer has no right to refuse goods of proper quality that have individually defined properties if such goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, комплектность, etc.). Confirmation that the goods have individually defined properties is the difference in sizes and other characteristics indicated on the Website.

6.8. Return of goods in cases provided by law and this Contract is carried out at the address indicated on the Website in the “Contacts” section.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The Seller обязаний:

7.1.1. Transfer the goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order.

7.1.2. Not disclose any private information about the Buyer and not provide access to such information to third parties, except for cases provided by law and during the fulfillment of the Buyer’s Order.

7.2. The Seller has the right to:

7.2.1. Change the terms of this Contract, as well as prices for goods and services unilaterally by posting them on the online store Website. All changes take effect from the moment of publication.

7.3. The Buyer undertakes:

7.3.1. Before concluding the Agreement, to review the content, terms, and prices offered by the Seller on the Website.

7.3.2. To enable the Seller to fulfill its obligations, the Buyer must provide all necessary data that unambiguously identify the Buyer and are sufficient to deliver the ordered goods.

7.4. The Buyer has the right to:

7.4.1. Place an order on the Website;

7.4.2. Conclude an electronic contract;

7.4.3. Require the Seller to fulfill the terms of this Agreement.

8. LIMITATION OF LIABILITY OF THE WEBSITE ADMINISTRATION

8.1. The Website Administration is not liable for any errors, typos, or inaccuracies that may be found in the materials contained on this Website. The Website Administration makes all necessary efforts to ensure the accuracy and reliability of the information on the Website. All information and materials are provided “as is”, without any warranties, express or implied.

8.2. Information on the Website is constantly updated and may become outdated at any time. The Website Administration is not liable for obtaining outdated information from the Website, as well as for the User’s inability to obtain updated information.

8.3. The Website Administration is not liable for statements and opinions of website visitors left as comments or reviews. The editorial opinion may not coincide with the opinion and position of the authors of reviews and comments. At the same time, the Website Administration takes all possible measures to prevent the publication of messages that violate current legislation or moral standards.

8.4. The Website Administration is not liable for possible unlawful actions of the User in relation to third parties, or of third parties in relation to the User.

8.5. The Website Administration is not liable for statements of the User published on the Website.

8.6. The Website Administration is not liable for damage, losses, or expenses (actual or potential) arising in connection with this Website, its use, or inability to use it.

8.7. The Website Administration is not liable for the User’s loss of access to their account on the Website.

8.8. The Website Administration is not liable for incomplete, inaccurate, or incorrect indication by the User of their data when creating a User account.

8.9. If problems arise in using the Website, disagreement with specific sections of the Agreement, or if the User receives unreliable information from third parties, or offensive information, or any other unacceptable information, please contact the Website Administration so that it can analyze and eliminate relevant defects, restrict and prevent unwanted information from entering the Website, and, if necessary, restrict or terminate the provision of services to any User or customer who intentionally violates the provisions of the Agreement and the operation of the Website.

8.10. For the above purposes, the Website Administration reserves the right to remove information posted on the Website and take technical and legal measures to terminate access to the Website for users who, in the opinion of the Website Administration, create problems for other Users or violate the requirements of the Agreement.

9. LIABILITY OF THE PARTIES

9.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.

9.2. The Seller is not liable for improper or untimely fulfillment of Orders and its obligations in case the Buyer provides inaccurate or false information.

9.3. The Seller and the Buyer are liable for fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.

9.4. The Seller or the Buyer is released from liability for full or partial non-fulfillment of obligations if such non-fulfillment is the result of force majeure circumstances such as war or military actions, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller or the Buyer after conclusion of this contract. The Party that cannot fulfill its obligations must immediately notify the other Party.

9.5. The Website User undertakes not to commit actions that violate the legislation of Ukraine, contradict international law, or may cause failures in the operation of the Website.

9.6. The User undertakes to timely inform the Website Administration about unauthorized access to the User’s personal page by third parties. To inform, the User must contact the Website Administration using the coordinates specified in the “Contacts” section.

9.7. By this, the User voluntarily gives consent to the Website Administration to collect and process (accumulate, store, restore, use, disseminate, destroy) personal data of the User in accordance with the current legislation of Ukraine, namely: surname, name, patronymic, email, phone, address, for the purpose of ensuring relations in the field of purchase and sale, consumer protection, advertising and marketing research, and also gives consent to transfer (disseminate) their data to carriers, freight-forwarding and courier organizations, and other third parties (without limitation) at the discretion of the Website Administration. This provision is valid for 5 years from the moment the last order is placed on the Website.

9.8. By accepting the terms of the Agreement, the User also confirms that they have read and agree with the Website Privacy Policy and the terms of this Agreement.

9.9. By accepting the terms of the Agreement, the User confirms that they have full legal capacity and that there are no restrictions on their legal capacity.

9.10. Comments and other entries by the User on the Website must not contradict the legislation of Ukraine and generally accepted standards of morals and ethics.

9.11. Responsibility for money transfers made by Buyers lies entirely with the banks and payment systems whose services the User chooses to use. The Seller is not liable for the actions of processing centers.

9.12. The Website Administration is not liable for the operability of the equipment on which the Website is hosted, the availability of the Website, the operation of data transmission channels, and other technical means for User access.

9.13. The Seller is not liable for actions of the Carrier, including shipping times, as well as for the safety of the goods.

9.14. The Seller’s liability for changes in the terms of ordering goods is limited to the Recipient’s (User’s, Payer’s) right to refuse the order and demand a refund of the paid funds (if paid).

9.15. The User is responsible for the accuracy of the data specified in the Order form. If incorrect, inaccurate and/or wrong data in the order resulted in additional costs of the Seller related to delivery to the wrong address or handing over goods to the wrong Recipient, all losses and expenses are borne by the User. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Payer for the goods. The User undertakes to provide all necessary information for the Agreement.

10. TERM OF THE AGREEMENT

10.1. This Agreement is a contract. The Website Administration reserves the right to change this Agreement and/or introduce a new one. Such changes take effect from the moment they are posted on the Website. The User’s use of Website materials after changes automatically means acceptance of such changes.

10.2. This Agreement takes effect upon the User’s first visit to the Website and remains valid throughout the period of the User’s use of the Website.

10.3. The Website is an object of intellectual property of the Website Administration. All exclusive proprietary copyrights to the Website belong to the Website Administration. Use of the Website by Users is possible strictly within the рамки of this Agreement and the legislation of Ukraine on intellectual property rights.

10.4. All trademarks and names referenced in the materials of this Website are the property of their respective owners.

10.5. The User agrees not to reproduce, not to repeat, not to copy any parts of the Website, except where such permission is granted to the User by the Website Administration.

10.6. This Agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of Ukraine.

11. ADDITIONAL TERMS

11.1. The User has the right to appoint a third party as the Recipient of the ordered goods. In this case, the Recipient must specify in the Order form the data necessary to identify the Recipient and deliver the goods. In such relations, the provisions of Article 636 of the Civil Code of Ukraine apply.

11.2. All disputes and contradictions arising between the Parties within this Agreement shall be resolved in accordance with the current legislation of Ukraine exclusively at the place of registration of the Website owner. Recognition by the court of any provision of this Agreement as invalid does not cancel the validity of the remaining parts and does not release the User from obligations accepted during registration.

11.3. All rights to the Website as a whole and to the use of the network address (domain name) “fpvua.com” belong to the Website Administration.

11.4. The User agrees that after registration on the Website, the Website Administration will send emails and/or messages to the Users’ email addresses, including advertising messages. The User may отказаться from such mailings independently.

11.5. By entering a mobile phone number in forms on the Website, the User automatically agrees to receive messages from the Website, including advertising messages. To отказаться from receiving such messages, the User must contact the Website technical support.

11.6. A call to the Website call center or filling in the registration form / order form constitutes the User’s consent to registration in the loyalty program of the website “fpvua.com” and also confirms that the User has read and agrees to all rules.

11.7. All disputes arising between the Buyer and the Seller are resolved through negotiations. If no resolution is reached, the Buyer or the Seller has the right to apply to the court authorities in accordance with the current legislation of Ukraine.

11.8. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

11.9. The User has read and agrees with the terms of this Agreement.