- GENERAL PROVISIONS
1.1 Contractual relations between the Seller and the Buyer are formalised in the form of a Public Offer Agreement. Clicking on the page of the Website https://masterpech.com.ua/ in the appropriate section of the button ‘BUY’ means that the Buyer, regardless of status (individual, legal entity, individual-entrepreneur), according to the current international and Ukrainian legislation, has taken to fulfil the conditions of the Public Offer Agreement, which are specified below.
1.2 The Public Offer Agreement is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine its terms and conditions are the same for all Buyers regardless of their status (individual, legal entity, physical person-entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure of order placement, payment and delivery of goods, liability for bad faith Order and for failure to fulfil the terms of this Agreement.
1.3 This Agreement shall come into force from the moment of clicking on the ‘BUY’ button, by which the Buyer agrees to purchase the Goods available from the Seller and shall remain in force until the Buyer receives the Goods from the Seller and makes full payment to the Seller.
1.4 To regulate contractual legal relations under the Contract the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to be bound by which is granted by the Verkhovna Rada of Ukraine, establishes other rules than those established by the Ukrainian legislation, the rules of the international treaty shall be applied.
- TERMS AND DEFINITIONS
‘Public Offer Agreement’ - a public agreement, a sample of which is posted on the Website https://masterpech.com.ua/ containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https://masterpech.com.ua/ to a certain circle of persons, including Buyers.
‘Acceptance’ - acceptance by the Buyer of the Seller's offer to purchase the Goods, the image of which is posted on the Website https://masterpech.com.ua/ by adding them to the virtual basket and submitting the Order.
‘Goods’ - the item of trade (product, model, accessory, components and related items, any other items of trade) for the purchase of which the Seller's offer is placed on the Website.
‘Buyer’ - any capable natural person, legal entity, natural person-entrepreneur, according to the current international and Ukrainian legislation, visiting the Website https://masterpech.com.ua/ and having the intention to purchase this or that Goods.
‘Seller’ - any capable natural person, legal entity, natural person-entrepreneur, according to the current international and Ukrainian legislation, who own or distribute the Goods and through the Website https://masterpech.com.ua/ have the intention to sell them.
‘Order’ - a duly executed and posted on the Website https://masterpech.com.ua/ application of the Buyer for the purchase of the Goods addressed to the Seller.
‘Legislation’ - norms established by Ukrainian or international legislation for regulation of contractual legal relations under the Contract.
‘Substantial defect of the Goods’ - a defect that makes it impossible or inadmissible to use the Goods in accordance with their intended purpose, occurred through the fault of the manufacturer (Seller), after its elimination it appears again for reasons independent of the consumer.
- SUBJECT OF THE CONTRACT
3.1 The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the corresponding page of the Website https://masterpech.com.ua/, and the Buyer undertakes to buy the Goods and pay money for them on the terms and in the manner specified in this Agreement.
3.2 The Seller warrants that the Goods are not pledged, are not subject to dispute, are not under arrest, and there are no third party rights to them.
3.3 The Seller and the Buyer confirm that the valid Contract is not a fictitious or sham transaction or a transaction made under the influence of pressure or deceit.
3.4 The Seller confirms that it has all necessary permits for economic activity, which regulate the sphere of legal relations arising and acting in the process of execution of this Contract, and also guarantees that it has the right to produce and / or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of execution of this Contract and sale of the Goods.
- RIGHTS AND OBLIGATIONS OF THE SELLER
4.1 The Seller is obliged to:
- fulfil the terms and conditions of this Agreement
- fulfil the Buyer's orders in case of receipt of payment from the Buyer;
- transfer the Goods to the Buyer according to the selected sample on the relevant page of the Website https://masterpech.com.ua/, the placed order and the terms and conditions of this Agreement;
- check the qualitative and quantitative characteristics of the Goods during their packing at the warehouse;
- notify the Buyer about possible additional commission when paying for orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing in this Agreement.
- unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
- PURCHASER'S RIGHTS AND OBLIGATIONS
- pay for and receive the order in a timely manner under the terms and conditions of this Agreement;
- to familiarise himself with the information about the Goods placed on the Website https://masterpech.com.ua/;
- upon receipt of the Goods at the person who delivered them or at the department of the transport company, to verify the integrity and completeness of the Goods by examining the contents of the package. In case of damage or incomplete completion of the Goods - to fix them in the act, which should be signed together with the Buyer by the person who delivered the Goods to the Buyer.
- place an order on the relevant page of the Website https://masterpech.com.ua/;
- to demand that the Seller fulfils the terms and conditions of this Agreement;
- to inform about possible additional commission when paying for orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.
- ORDER PLACEMENT PROCEDURE
- CONTRACT PRICE AND PAYMENT PROCEDURE
- Visa
- Visa Electron
- Mastercard
- Mastercard Electronic
- Maestro
- TERMS OF DELIVERY OF GOODS
- self-delivery from the shop
- courier delivery in Kharkiv (the cost of courier delivery is not included in the cost of goods and should be negotiated with the manager before placing the order)
- delivery by delivery services
- CONDITIONS FOR RETURN OF GOODS
- RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
- the appearance of the Goods changed by the manufacturer;
- for a slight discrepancy in the colour scheme of the Goods, which may differ from the original goods solely due to the different colour transmission of personal computer monitors of certain models;
- for the content and truthfulness of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of Services (order processing and delivery of goods), which occur for reasons beyond its control;
- for unlawful illegal actions carried out by the Buyer using this access to the Internet;
- for the transfer by the Buyer of his network identifiers - IP, MAC-address, login and password to third parties;
- OTHER TERMS AND CONDITIONS OF THE CONTRACT
- CONTRACT TERM
4.2 The Seller has the right to:
4.3. Seller: a business entity offering for purchase on the Website https://masterpech.com.ua/ the Goods according to the unified agreed rules set out in this Agreement of public offer.
5.1 The Buyer shall:
5.2 The Buyer has the right to:
6.1 The Buyer has the right to place an order for any goods available and presented on the corresponding page of the Website https://masterpech.com.ua/ by adding the Goods to the virtual basket by clicking the ‘BUY’ button.
6.2 The period of forming the Order is up to 3 working days from the moment of its placement. If the order is sent on a weekend or public holiday, the formation period starts from the first working day after the weekend.
6.3 Each item can be presented in the order in any quantity.
6.4 If the goods are out of stock, the Company Manager is obliged to inform the Buyer (by phone or e-mail).
6.5 In the absence of goods, the Buyer has the right to replace it with a product of a similar model, to refuse this product, to cancel the order.
7.1 The price of each individual Goods is determined by the Seller and is indicated on the relevant page of the Website https://masterpech.com.ua/. The price of the Contract is determined by adding the prices of all selected Goods placed in the virtual basket.
7.2 The price of the Order may vary depending on the price, quantity or nomenclature of the Goods.
7.3 The Buyer may pay for the Order in the following ways:
1) by bank transfer to the Seller's current account specified in the invoice, including Internet banking (the Buyer shall pay for the Order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery when receiving the Order at the delivery service representative office in Ukraine or in the territory of another country in accordance with the place of ordering the goods.
3) By credit card of the following type:
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, the issuer of this card or the LIQPAY payment system may charge an additional fee. When clicking the ‘BUY’ button on the page of the Website https://masterpech.com.ua/ in the relevant section means that the Seller has notified the Buyer about the possibility of charging additional commission when the Buyer pays for orders.
7.4 If payment is not received, the Seller shall be entitled to cancel the order.
8.1 The Buyer shall receive the Goods by the method convenient for him/her and specified in the appropriate box when placing an order on the website https://masterpech.com.ua/.
Options of delivery of the goods to the Buyer:
8.2 In case of delivery of Goods to other cities of Ukraine, performed by other Delivery Services (hereinafter referred to as Carrier Companies) the Buyer fully and unconditionally agrees with the Rules of Carriage of Goods by these Carrier Companies.
8.3 The Buyer confirms the fact of receipt of the Goods and absence of claims to the quality of the Goods by his own signature in the delivery note, the Carrier Company's declaration, or in the delivery note 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 for by the Buyer, in completeness according to the specification of these Goods and in proper (working) condition and quality.
9.1 Return of the goods by the Buyer to the Seller is made in accordance with the current legislation of Ukraine.
9.2 Return of the goods to the Seller is made at the Buyer's expense.
9.3 When the Buyer returns the goods of proper quality, the Seller shall refund the amount of money paid for the goods upon the return of the goods less the compensation of the Seller's expenses related to the delivery of the goods to the Buyer.
10.1 The Parties shall be liable for failure to fulfil or improper fulfilment of the terms and conditions of this Agreement in accordance with the procedure stipulated by this Agreement and the current legislation of Ukraine.
10.2 The Seller is not responsible for:
10.3 The Buyer, using the access to the Internet provided to him, is independently liable for any damage caused by his actions (personally, even if under his login was another person) to persons or their property, legal entities, the state or moral principles of morality.
10.4 In case of force majeure circumstances, the parties are released from fulfilment of the terms and conditions of this agreement. For the purposes of this Agreement force majeure circumstances shall mean events of extraordinary, unforeseeable nature, which exclude or objectively prevent the fulfilment of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
10.5 The Parties shall use their best endeavours to resolve any disagreements exclusively through negotiations.
11.1 The Seller reserves the right to unilaterally amend this Agreement subject to prior publication at https://masterpech.com.ua/.
11.2 The Buyer is responsible for the accuracy of the information provided when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data, within the meaning of the Law of Ukraine ‘On Protection of Personal Data’.
11.3 Payment by the Buyer of the order placed in the online shop means full consent of the Buyer with the terms of the purchase agreement (public offer)
11.4 The actual date of the electronic agreement between the parties is the date of acceptance of the terms and conditions in accordance with Article 11 of the Law of Ukraine ‘On Electronic Commerce’. 11.5.
11.5 The information provided by the Buyer is confidential. The Seller uses the information about the Buyer exclusively for the purposes of order processing, sending notifications to the Buyer, delivery of goods, mutual settlements, etc.
12.1 The Electronic Contract shall be deemed to be concluded from the moment of receipt by the person who sent the offer to conclude such contract, of the reply on acceptance of this offer in accordance with the procedure specified in part six of Article 11 of the Law of Ukraine ‘On Electronic Commerce’.
12.2 Before the expiry date this Contract may be cancelled by mutual agreement of the Parties until the actual delivery of the goods, by refunding the funds
11.3 The parties have the right to terminate this Agreement unilaterally, in case of non-fulfilment of the terms of this Agreement by one of the parties and in cases stipulated by the current legislation of Ukraine.