Public offer agreement

Under this Agreement, one party, Limited Liability Company "SEA Electronics Ukraine" — the Seller, offers an unlimited number of legal entities and individual entrepreneurs, the other party - the Buyer, who has accepted the terms of this Agreement of public offer, hereinafter together - the Parties, to accept this website www.sea-tm.com.ua.

When purchasing the Goods, the images of which are posted on the relevant pages of the website www.sea-tm.com.ua, the Buyer accepts the terms of this Agreement as follows.

GENERAL PROVISIONS

1.1. Contractual relations between the Seller and the Buyer are formalized by means of a Public Offer Agreement (hereinafter referred to as the Agreement). In case of acceptance of the terms of this offer, the Buyer agrees with all the terms of this Agreement and confirms that he understands all its provisions.

1.2. The Agreement is considered concluded and comes into force from the moment the "Confirm Order" button is clicked on the order page in the "Cart" Section and the Buyer receives an order confirmation from the Seller in electronic form and is valid until the Buyer receives the Goods from the Seller and makes full payment.

1.3. The public offer agreement is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unfair Order and failure to comply with the terms of this Agreement.

1.4. To regulate contractual legal relations under the Agreement, the Parties shall select and, if necessary, apply the current legislation of Ukraine.

TERMS AND DEFINITION

2.1. “Public Offer Agreement” — a public agreement, a sample of which is posted on the Website www.sea-tm.com.ua, and the use of which is mandatory for all Buyers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Website www.sea-tm.com.ua, sent to Buyers.

2.2. “Product” — an item of trade (product, model, accessory, components and related items, any other items of trade) for the purchase of which the Seller has posted an offer on the Website www.sea-tm.com.ua.

2.3. “Buyer” — any legal entity, individual entrepreneur, in accordance with the current legislation of Ukraine, who has visited the Website www.sea-tm.com.ua and intends to purchase one or another Product.

2.4. "Seller" — an enterprise that offers the Goods for purchase on the Website www.sea-tm.com.ua according to the uniform agreed rules set out in this Agreement.

2.5. “Order” — an application from the Buyer to purchase Goods, addressed to the Seller, completed and posted on the Website www.sea-tm.com.ua.

SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to sell the Goods on the terms and in the manner specified by this Agreement based on the Order placed by the Buyer on the relevant page of the Website www.sea-tm.com.ua, and the Buyer undertakes to purchase the Goods and pay for them on the terms and in the manner specified by this Agreement.

3.2. The seller guarantees that the goods have not been pledged, are not the subject of a dispute, are not under arrest, and that there are no third party rights to them.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham agreement or an agreement concluded under pressure or deception.

3.4. The Seller confirms that it has all the necessary permits to carry out business activities that regulate the scope of legal relations arising and operating in the process of fulfilling this Agreement, and also guarantees that it has the right to manufacture 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 the event of violation of the rights of the Purchaser.

RIGHTS AND RESPONSIBILITIES OF THE SELLER

4.1. The seller is obliged to:

  • comply with the terms of this Agreement;
  • fulfill the Buyer's order upon receipt of payment from the Buyer;
  • transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the Website www.sea-tm.com.ua, the completed Order and the terms of this Agreement;
  • check the qualitative and quantitative characteristics of the Goods when packing in the warehouse;
  • inform the Buyer about a possible additional commission when paying for Orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by providing information in this agreement.

4.2. The seller has the right:

  • refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicions about its authenticity;
  • unilaterally suspend the provision of services under this Agreement in the event of a breach by the Buyer of the terms of this Agreement;
  • change the terms of this Agreement, as well as the prices of goods and services, unilaterally by posting them on the website. All changes come into force from the moment of publication.

RIGHTS AND RESPONSIBILITIES OF THE BUYER

5.1. The Buyer is obliged to:

  • pay for and receive orders in a timely manner under the terms of this Agreement;
  • read the information about the Product posted on the Website www.sea-tm.com.ua;
  • upon receipt of the Goods from the person who delivered them, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In the event of detection of damage or incompleteness of the Goods, record them in the act, which must be signed by the person who delivered them to the Buyer together with the Buyer.

5.2. The Buyer has the right:

  • place Orders on the relevant page of the Website www.sea-tm.com.ua by entering all the necessary data that clearly identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer (the address to which the Goods should be delivered (if delivery to the Buyer's address) or the customer's contact phone number, etc.).
  • demand that the Seller fulfill the terms of this Agreement;
  • to be informed about possible additional commission when paying for orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.

ORDER PLACEMENT PROCEDURE

6.1. The Buyer independently places an Order on the relevant page of the Website www.sea-tm.com.ua by adding Products to the virtual basket by clicking the “ADD TO CART” button, or by placing an order by e-mail or by phone, specified in the contacts section of the Website www.sea-tm.com.ua.

6.2. The Seller shall not be liable for the accuracy and reliability of the information identifying the Buyer, specified by the Buyer when placing the Order.

6.3. The Order formation period is up to 2 working days from the moment of its placement. If the Order is sent on a weekend or holiday, the formation period begins on the first working day after the weekend.

PRODUCT PRICE AND PAYMENT PROCEDURE

7.1. The price of each individual Product is determined by the Seller and is indicated on the relevant page of the website www.sea-tm.com.ua. The price of the Product does not include the cost of delivery of the Product to the Buyer. The price of the Agreement is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement.

7.2. The cost of the Order may vary depending on the price, quantity or range of the Goods.

7.3. The Buyer can pay for the Order in the following ways:

  1. by bank transfer of funds to the seller's current account specified in the invoice, including via Internet banking (the Buyer pays for the Order within one day from the date of receipt of the invoice in the amount of 100% prepayment);
  2. by way of payment upon receipt of the Order at the delivery service representative office;
  3. credit card of the following type: Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro;
  4. in any other way by agreement with the Seller.

Note. When the Buyer pays for an order with a payment card, an additional commission may be charged by the issuer of this card, in particular by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking on the page of the Website www.sea-tm.com.ua in the relevant section of the button "ADD TO CART" means that the Seller has notified the Buyer of the possibility of charging an additional commission when the Buyer pays for orders, by the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card.

TERMS OF DELIVERY OF GOODS

8.1. The Buyer receives the Goods via the delivery service or personally from the Seller. The payment and receipt procedure is specified on the relevant page of the Website www.sea-tm.com.ua.

8.2. When delivering Goods to other cities of Ukraine or in the territory of another country, performed by other Delivery Services (hereinafter referred to as the Carrier Company), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these Carrier Companies.

8.3. The fact of receipt of the Goods and the absence of claims regarding the quality of the Goods delivered by the Carrier Companies is confirmed by the Buyer by his own signature on the consignment note, the Carrier Company's declaration or 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, complete and in proper (working) condition and quality.

8.4. In the event of the Buyer's absence at the delivery address specified by the Buyer in the application or the Buyer's refusal to receive the Goods for unjustified reasons, when delivered by the courier of the Carrier Company, the Goods are returned to the shipping center. Payment for the services of the Carrier Company is calculated from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer based on his letter sent to e-mail: info@sea.com.ua indicating the bank account to which the funds should be returned.

The Buyer can find out all questions that arise during the process of payment and receipt of the Goods using the contact information in the “Contacts” section on the relevant page of the Website www.sea-tm.com.ua.

TERMS OF RETURN OF GOODS

9.1. The Buyer has the right to exchange the Goods of proper quality, if the Goods cannot be used by him for their intended purpose, within 14 (fourteen) days, not counting the day of purchase, unless a longer period is declared by the Seller. The return of the Goods of proper quality is made if it has not been used and if its presentation, consumer properties, packaging, seal, labels are preserved, as well as in the presence of evidence of purchase of the Goods from this Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).

9.2. If the Buyer intends to return the Goods, such return is carried out in accordance with the section of the website "Return" taking into account the rules and conditions of the carrier or courier in force in the territory of Ukraine or the territory of another country in accordance with the place of receipt of the Goods. Return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.

9.3. In case of defects, the Buyer is obliged to record them in a drawn up act of any form (complaint). The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the defects must be recorded by means of photo or video filming. Within 1 (one) day, the Buyer is obliged to notify the manager or representative of the Seller responsible for processing the order for the Goods about the detected defects and agree on the replacement of the Goods by sending him a copy of the complaint by e-mail.

9.4. The parties have agreed that in the event of non-compliance with the mandatory requirements of the specified procedure, the Buyer shall be deemed to have received the Goods in proper condition - without any mechanical damage and in full completeness.

LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The Parties shall be liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the legislation of Ukraine.

10.2. The Seller shall not be liable for damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.

10.3. The Seller shall not be liable for improper or untimely execution of Orders and its obligations in the event that the Buyer provides inaccurate or false information.

10.4. In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes regarding the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The period for consideration of a claim is 20 (twenty) calendar days from the date of its receipt. Compliance with the claims procedure is not required for disputes related to the collection of debt from the Buyer.

10.5. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its execution, breach, termination or invalidity, shall be resolved in court in accordance with the current legislation of Ukraine.

FORCE MAJEURE

11.1 The Parties shall not be liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e.

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers, types established by the Cabinet of Ministers of Ukraine, restrictions imposed by government agencies (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.

11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing of the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of the force majeure circumstances. Such confirmation will be a certificate, reference or other relevant document issued by an authorized state body located at the place where the force majeure circumstances occurred.

11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended by any period during which performance was postponed due to the listed circumstances.

11.4. If, due to force majeure, the failure to fulfill obligations under this Agreement lasts for more than three months, each Party shall have the right to terminate this Agreement unilaterally. Despite the occurrence of force majeure, before the termination of this Agreement as a result of force majeure, the Parties shall make final mutual settlements.

OTHER TERMS OF THE AGREEMENT

12.1. Information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the Seller about the order of the Goods, sending advertising messages, etc.).

12.2. By personally accepting the Agreement and registering on the Website www.sea-tm.com.ua. and special offers, information about promotions, sweepstakes or any other information about the activities of the Website www.sea-tm.com.ua.

For the purposes provided for in this paragraph, the Buyer has the right to send letters, notifications and materials to the Buyer’s postal address, e-mail, as well as send SMS messages, call the telephone number specified by the Buyer when placing an order on the Website www.sea-tm.com.ua.

12.3. The Buyer grants the right to process his personal data, including: placing personal data in databases (without additional notification about this), lifetime storage of data, their accumulation, updating, modification (as necessary). The Seller undertakes to ensure protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related persons, persons authorized by the Seller to directly process data for the specified purposes, as well as in response to a mandatory request from a competent government agency).

12.4. The Seller shall not be liable for the content and veracity of the information provided by the Buyer when placing the Order. The Buyer shall be liable for the veracity of the information specified when placing the Order.