Public Offer Agreement
1.1. This offer is an official offer of MEDICA.TEC, hereinafter referred to as the “Seller”, to conclude a Contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the “Contract”, and places a public offer (offer) on the official Internet Seller’s website "https://medicatec.com.ua/" (hereinafter - the "Website").
1.2. The moment of full and unconditional acceptance by the Buyer of the seller’s offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact that the Buyer paid the order on the terms of this Agreement, at the time and at the prices indicated on the seller’s website.
CONCEPTS AND DEFINITIONS
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
“Goods” - models, accessories, components and related items;
“Online store” - in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling a product, work or service through an electronic transaction.
"Seller" - a company that sells products presented on the website.
“Buyer” - an individual who has concluded an Agreement with the Seller on the conditions set forth below.
“Order” - the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay and accept the goods under the terms of this Agreement.
This Agreement governs the sale of goods in the online store, including:
- voluntary selection by the Buyer of goods in the online store;
- independent registration by the Buyer of an order in the online store;
- payment by the Buyer of the order placed in the online store;
- processing and delivery of the order to the Buyer in the ownership of the terms of this Agreement.
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 represented in the order in any quantity.
4.3. In the absence of goods in the warehouse, the Company Manager is obliged to inform the Buyer (by phone or e-mail).
4.4. In the absence of goods, the Buyer has the right to replace it with goods of a similar model, refuse this product, and cancel the order.
ORDER PAYMENT PROCEDURE
cash on delivery
5.1. Payment is made upon receipt of the goods at the transport company’s office for cash in UAH.
5.2. With NOT receipt of funds, the online store reserves the right to cancel the order.
ORDER DELIVERY TERMS
6.1. Delivery of goods purchased in the online store is carried out in the composition of transport companies, where the delivery of orders is carried out.
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:
- unilaterally terminate the provision of services under this agreement in case the Buyer violates the terms of this agreement.
7.2. The buyer must:
- timely pay and receive the order on the terms of this agreement.
7.3. The buyer has the right:
- place an order in the online store;
- draw up an electronic contract;
- require the seller to fulfill the terms of this Agreement.
RESPONSIBILITY OF PARTIES
8.1. The parties are responsible for non-compliance or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
- the appearance of the Goods has been changed by the manufacturer;
- for a slight discrepancy in the color gamut of the product may differ from the original product only through the different color rendering of the monitors of personal computers of individual models;
- for the content and accuracy 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 the scope of its control;
- for unlawful illegal acts committed by the Buyer using this access to the Internet;
- for the transfer by the Buyer of its network identifiers - IP, MAC address, login and password to third parties;
8.3. The buyer, using the Internet access granted to him, is independently liable for damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
8.4. In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. Force majeure circumstances for the purposes of this agreement are understood to mean events of an extraordinary, unforeseen nature.
8.5. The Parties shall use their best endeavors to resolve any differences solely by negotiation.
9.1. The Online Store reserves the right to unilaterally amend this Agreement subject to its prior publication on https://medicatec.com.ua/
9.2. Online shop created to organize a remote way of selling goods through the Internet.
9.3. The buyer is responsible for the accuracy of the information provided when placing the order information. At the same time, when making the acceptance (registration of the order and subsequent payment of the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine "On protection of personal data".
9.4. Payment by Buyer of an order placed in the online store means the full consent of the Buyer with the terms of the contract of sale (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 Art. 11 of the Law of Ukraine "On E-Commerce"
9.6. The use of the online store resource for product preview and ordering for the Buyer is free of charge.
9.7. The information provided by the Buyer is confidential. The online store uses the information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivering the goods, settling settlements, etc.
PROCEDURE FOR RETURN OF GOOD QUALITY GOODS
10.1. Return of goods to the online store is made in accordance with the current legislation of Ukraine.
10.2. Return of goods to the online store is made at the expense of the Buyer.
10.3. Upon returning the Goods of good quality by the Buyer, the Online Store returns to him the money paid for the goods upon returning the goods, minus the cost of the Online Store related to the delivery of the goods to the Buyer.
TERM OF THE CONTRACT
11.1.The electronic contract shall be considered concluded from the moment of receipt by the person who made the offer to conclude such agreement, the answers on acceptance of this offer in the order, determined by the part of the sixth article 11 of the Law of Ukraine "On electronic commerce".
11.2. Prior to the expiration of this Agreement, this Agreement may be terminated by mutual agreement of the parties prior to the actual delivery of the goods by refund
11.3. The parties have the right to terminate this agreement unilaterally, in case of failure of one of the parties to the terms of this Agreement and in cases provided by the current legislation of Ukraine.
Please note that the MEDICA.TEC online store on the official website https://medicatec.com.ua/ has the right, in accordance with the legislation of Ukraine, to grant the right to use the FOP online platform and legal entities for the sale of goods.