Kiev, Ukraine IT INNOVATIONS LLC
Set out below is the text of the Agreement addressed to individuals and is an official public offer (in accordance with Article 641 of the Civil Code of Ukraine) of Limited Liability Company “IT INNOVATIONS” represented by Vadym Vladimirovich Kochevykh, CEO, who acts on the basis of the Charter, hereinafter referred to as the “Seller”.
The agreement shall be deemed to have been concluded according to Article 642 of the Civil Code of Ukraine and shall become effective from the moment you perform the actions provided for in Clause 642 of the Charter. 1.3. this Contract, which means full and unconditional acceptance by you of all conditions of the Contract without any exceptions and/or limitations (acceptance).
1. General provisions
1.1 This Agreement is an official offer of IT INNOVATIONS LLC, hereinafter referred to as the “Seller”, to conclude the Agreement for the purchase and sale of goods by remote method, i.e. through an online shop, hereinafter referred to as the “Agreement”. The public offer (proposal) is placed on the Seller’s official website https://www.i-bee.net (hereinafter referred to as “Internet-site”).
1.2 Each Party guarantees to the other Party that possesses necessary legal capacity, as well as all rights and powers necessary and sufficient for conclusion and execution of the Agreement in accordance with its terms. The current version of this Agreement is always available on the Seller’s Website under the link https://www.i-bee.net/ua/public-offer/.
1.3 The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic Contract of Purchase and Sale of Goods is considered the fact of payment by the Buyer of the order on the terms and conditions of this Contract, in terms and at prices specified on the Seller’s website.
1.4 In case of acceptance of conditions of the present Agreement, i.e. public offer of the Internet-shop, the User becomes the Buyer.
2. Terms used in this Agreement
2.1 “Offer” – offer of the Seller to conclude Agreement.
2.2 “Acceptance” – acceptance of Seller’s offer to conclude Agreement by the Buyer.
2.3 “Products” – transport monitoring equipment and related components and other.
2.4 “Online Shop” – in accordance with the Law of Ukraine “On Electronic Commerce”, a means for the presentation or sale of goods, work or services by implementing an electronic agreement.
2.5 “Seller” – a company that sells goods presented in the Internet-shop.
2.6 “Buyer” – a an Individual, who concluded an Agreement with the Seller on the conditions set out below.
2.7 “Order” – selection of individual items from the list of goods, marked by the Buyer when placing an order and making payment.
3. Subject of the Agreement
3.1 Seller is obliged to sell the Product in the manner and on the terms and conditions determined by this Agreement, and Buyer is obliged to accept and pay for such Product in the manner and on the terms and conditions determined by this Agreement.
3.2 Total quantity and characteristics of the Product, which are the subject of purchase and sale under this Agreement, are determined in the Order.
4. Order processing procedure
4.1 The Buyer has the right to place an order for any goods presented on the website of the Internet-shop and available.
4.2 Each item may be presented in the order in any quantity.
4.3 If the goods are out of stock, the Company Manager must notify the Buyer (by phone or e-mail).
4.4 If the goods are not available, the Buyer has the right to: replace them with goods of a similar model, refuse the goods, and cancel the Order.
5. Procedure of payment for the Order
5.1 Funds are transferred to the Seller’s account by issuing an invoice to the Buyer or using the “Payment in installments” system from Privatbank and fully meets its conditions.
5.2 Transfer fee is paid by the Seller.
6. Rights and obligations of the parties
6.1 The Seller has the right:
– unilaterally terminate the obligation under this Agreement in case of the Buyer’s breach of terms and conditions of this Agreement.
6.2 The Buyer is obliged:
– pay for and receive the order on time under the terms of this Agreement.
6.3 The Buyer has the right:
– place an Order at the Internet-shop;
– demand from the Seller to fulfil conditions of the present Agreement.
7. Responsibility of the parties
7.1 Parties are responsible for non-fulfillment or improper fulfillment of conditions of this Agreement in accordance with the procedure stipulated by this Agreement and the current legislation of Ukraine.
7.2 Seller is not responsible for:
– changes in the appearance of the Products by the manufacturer;
– for minor variations in the colour range of the Products, which may differ from the original Products only through different colour transmission of individual models of PC monitors;
– for the content and truthfulness of the information provided by the Buyer when placing the Order;
– for delays and interruptions in the processing of the Order and delivery of goods, which arise from reasons beyond Seller’s control;
– for illegal illegal actions performed by the Buyer by means of this Internet access;
– for the transfer by the Buyer of its network identifiers – IP, mac-address, login and password – to third parties;
7.3 The Buyer, using the Internet access provided to him, is independently responsible for the damage caused by his actions (personally, even if there was another person under his login) to persons or their property, legal entities, state or moral principles.
7.4 In the event of force majeure circumstances, the Parties shall be released from the provisions of this Agreement. The force-majeure circumstances for the purposes of this Contract are understood to mean the events of extraordinary, unforeseen nature, which exclude or objectively hinder the fulfillment of this Contract, the occurrence of which the Parties could not foresee and prevent by intelligent means.
7.5 The Parties shall do their best to resolve any differences exclusively through negotiations.
8. Procedure for returning goods of proper quality
8.1 Return of goods to the online store is carried out in accordance with current legislation of Ukraine.
8.2 Return of goods to the online store is carried out at the expense of the Buyer.
8.3 Upon return of goods of proper quality by the Buyer, Online Shop returns to the Buyer the amount of money paid for the goods upon return of goods minus compensation of expenses to Online Shop related to delivery of goods to the Buyer.
9. Other terms and conditions
9.1 The online shop reserves the right to unilaterally amend this Agreement subject to its previous publication on the website https://www.i-bee.net.
9.2 Online Shop is created to organize a remote way to sell goods on the Internet.
9.3 The Buyer is responsible for the reliability of the information noted in the order of information. Thus, at realization of the acceptance (order registration and the subsequent payment of the goods) the Buyer gives to the Seller the unconditional consent to gathering, processing, storage, use of the personal data, in understanding ZU “About protection of the personal data”.
9.4 Payment by the Buyer of the order executed in the online store means the Buyer’s full consent to the terms and conditions of the Purchase and Sale Agreement (public offer).
9.5 The use of the Internet-shop resource for preliminary revision of the product as well as for placing an order is free of charge for the Buyer.
9.6 The information provided by the Buyer is confidential. Online Shop uses the information about the Buyer only for the purposes of order processing, sending messages, delivery of goods, making mutual payments, etc.
10. Term of the Agreement
10.1 The Agreement shall be deemed to have been concluded from the date of receipt by the person who sent a proposal to conclude such Agreement, of a reply on the acceptance of such proposal in the manner determined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
10.2 By the end of the term this Agreement may be terminated with the mutual consent of the parties by the time of actual delivery of the goods, by way of return of monetary funds
10.3 The Parties have the right to break this Agreement unilaterally, in case of non-fulfillment of conditions of this Agreement by one of the Parties and in cases stipulated by the current legislation of Ukraine.