Public offer agreement
General provisions
1.1. This offer is an official proposal from TM 'TEP', hereinafter referred to as 'Seller', to conclude a distance sales agreement for goods, i.e., via the online store, hereinafter referred to as 'Agreement', and places the Public offer (proposal) on the official website of the Seller 'https://tep.ua' (hereinafter referred to as the Website).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's proposal (acceptance) to conclude an electronic goods sales agreement is considered to be the fact of payment by the Buyer of the order under the terms of this Agreement, within the time and at the prices specified on the Seller's Website.
Definitions and terms
2.1. In this offer, unless the context requires otherwise, the following terms shall have the following meanings:
* 'Goods' - the subject of trade (product, model, accessory, components, and related items, any other trade items) of the seller.
* 'Online store' - according to the Law of Ukraine 'on electronic commerce', a means for presenting or selling goods, works, or services by means of an electronic agreement.
* 'Seller' - the 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' - the selection of individual items from the list of goods indicated by the Buyer when placing the order and making payment.
Subject of the agreement
3.1. The Seller undertakes to transfer ownership of 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 sale of goods in the Online store, including:
- the voluntary choice of goods by the Buyer in the Online store;
- the independent placement of the Buyer's 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.
Order placement procedure
4.1. The Buyer has the right to place an order for any goods available on the Website of the Online store.
4.2. Each item can be included in the order in any quantity.
4.3. If the goods are out of stock, the company's manager is obliged to notify the Buyer (by phone or email).
4.4. If the goods are unavailable, the Buyer has the right to replace them with goods of a similar model, refuse the goods, or cancel the order.
Goods delivery conditions
5.1. The Buyer receives the Goods through delivery or picks them up personally. The payment and receipt procedure is specified on the relevant page of the Website https://tep.ua/
5.2. When delivering Goods to other cities in Ukraine or to another country, carried out by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for transporting goods by these Carrier Companies.
5.3. The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by Carrier Companies is confirmed by the Buyer's signature in the waybill, the Carrier Company's declaration, or the delivery note upon receipt of the Goods. On its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in accordance with the specification of this Goods, and in proper condition and quality.
5.4. In case of the Buyer's absence at the delivery address specified by the Buyer in the application or refusal of the Buyer to receive the Goods for unjustified reasons, when delivering by Courier of the Carrier Company, the Goods are returned to the shipping center. Payment for the Carrier Company's services is deducted from the amount paid by the Buyer for the Goods. The remaining amount is returned to the Buyer based on their letter with the specified account to which the funds should be returned.
All questions arising during payment and receipt of the Goods can be clarified by the Buyer using the contact information in the Contacts section.
Rights and obligations of the parties
6.1. The Seller has the right:
- to unilaterally terminate the provision of services under this agreement in case of violation of the terms of this agreement by the Buyer.
6.2. The Buyer is obliged to:
- pay and receive the order in a timely manner under the terms of this agreement.
6.3. The Buyer has the right:
- to place an order in the Online store;
- to conclude an electronic agreement;
- to demand the Seller to fulfill the terms of this Agreement.
Liability of the parties
7.1. The parties are liable for non-performance or improper performance of the terms of this agreement in accordance with this agreement and current legislation of Ukraine.
7.2. The Seller is not liable for:
- changes made by the manufacturer to the appearance of the Goods;
- minor discrepancies in the color range of the goods that may differ from the original product solely due to the different color rendition of personal computer monitors of certain models;
- the content and accuracy of the information provided by the Buyer when placing the order;
- delays and disruptions in the provision of Services (order processing and delivery of goods) that occur due to reasons beyond its control;
- illegal actions performed by the Buyer using the provided access to the Internet;
- the transmission by the Buyer of their network identifiers - IP, MAC addresses, login, and password to third parties;
7.3. The Buyer, using the provided access to the Internet, is solely responsible for any damage caused by their actions (personally, even if another person was using their login) to individuals or their property, legal entities, the state, or moral principles of morality.
7.4. In the event of force majeure, the parties are released from the performance of the terms of this agreement. For the purposes of this agreement, force majeure means events of an extraordinary, unforeseen nature that prevent or objectively hinder the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
7.5. The parties shall make every effort to resolve any disputes exclusively through negotiations.
Other conditions
8.1. The Online store reserves the right to unilaterally amend this agreement provided that it is published on the website https://tep.ua
8.2. The Online store is created to organize the distance sale of goods via the Internet.
8.3. The Buyer is responsible for the accuracy of the information provided when placing the order. In this case, when accepting (placing an order and further payment for the goods) the Buyer gives the Seller their unconditional consent to collect, process, store, and use their personal data in accordance with the Law of Ukraine 'On Personal Data Protection'.
8.4. Payment by the Buyer for an order placed in the Online store means full acceptance of the terms of the sales agreement (public offer)
8.5. 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'
8.6. The use of the Online store resource for preliminary viewing of goods and for placing an order is free of charge for the Buyer.
8.7. Information provided by the Buyer is confidential. The Online store uses information about the Buyer solely for processing the order, sending notifications to the Buyer, delivering goods, performing settlements, etc.
Procedure for returning goods of proper quality
9.1. The return of goods to the Online store is carried out in accordance with the current legislation of Ukraine.
9.2. The return of goods to the Online store is at the Buyer's expense.
9.3. When returning goods of proper quality by the Buyer, the Online store returns the money paid for the goods upon the fact of return of the goods, minus compensation for the Online store's expenses related to the delivery of the goods to the Buyer.
Term of the agreement
10.1. The electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response about the acceptance of this proposal in accordance with part six of Article 11 of the Law of Ukraine 'On Electronic Commerce'.
10.2. Until the expiration of the term, this Agreement may be terminated by mutual consent of the parties before the actual delivery of the goods, by refunding the money.
10.3. The parties have the right to unilaterally terminate this agreement in case of non-fulfillment of the terms of this Agreement by one of the parties and in cases provided for by the current legislation of Ukraine.