The contract of a public offer
The contract of a public offer
Under this Agreement, one party, the Seller on the one hand, and any person who has accepted the terms of this public offer Agreement-the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this public offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude a contract for the purchase and sale of goods with Buyers, photos of Which are posted in the relevant section of the Website https://gofitness.com.ua/.
Sellers who intend to sell Products using a Website https://gofitness.com.ua/
and Buyers when purchasing Products whose images are placed on the corresponding pages https://gofitness.com.ua/, accept the terms of this Agreement as follows.
1.1. the Contractual relationship between the Seller and the Buyer is formed in the form of a public offer Agreement. Clicking on a Website page https://gofitness.com.ua/ in the corresponding section of the button "PLACE an ORDER" means that the Buyer, regardless of the status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the public offer Agreement, which are specified below.
1.2. the public offer agreement is public, that is, in accordance with articles 633, 641 of the Civil code of Ukraine, its terms are the same for all Buyers regardless of their status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for unfair Orders and for failure to comply with the terms of this Agreement.
1.3. This Agreement comes into force from the moment of clicking on the "PLACE an ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and makes a full settlement with him.
1.4. to regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international agreement, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine, establishes other rules than those established by Ukrainian legislation, the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
"Public offer agreement" - a public agreement, a sample of which is published on the Website https://gofitness.com.ua/ and the application of which is mandatory for all Sellers, containing the Seller's offer to purchase the Product, the image of which is posted on the Website https://gofitness.com.ua/ sent to an unspecified number of people, including Buyers.
"Acceptance" - - acceptance by the Buyer of the seller's offer to purchase the product, the image of Which is posted on the Website https://gofitness.com.ua/, by adding it to the virtual shopping cart and sending the Order.
"Product" - an item of trade (product, model, accessory, components and related items, any other items of trade), the purchase of which is on the Website https://gofitness.com.ua/ the seller's offer has been placed.
"Buyer" - any capable individual, legal entity, individual entrepreneur, according to current international and Ukrainian legislation, who visited the Website https://gofitness.com.ua/ and have the intention to purchase a particular Product.
"Seller" - any capable individual, legal entity, individual entrepreneur, according to current international and Ukrainian legislation, who are the owners or distributors of the Product and using the Website https://gofitness.com.ua/ have an intention to sell it.
"Order" - properly executed and posted on the Website https://gofitness.com.ua/ Buyer's request for the purchase of Goods addressed to the seller.
"Legislation" - rules established by Ukrainian or international legislation for regulating contractual legal relations under a Contract.
"Significant lack of Product" - a lack that makes it impossible or unacceptable to use the Product in accordance with its intended purpose, arose due to the fault of the manufacturer (Seller), after its elimination, it appears again for reasons independent of the consumer.
SUBJECT OF CONTRACT
3.1. The seller agrees on the terms and in the manner specified in this Agreement to sell Goods on the basis of the Order placed by the Purchaser on the relevant page of the website https://gofitness.com.ua/ and the Buyer agrees on the terms and in the manner specified in this Agreement , to purchase the Goods and pay money for it.
3.2. the Seller guarantees that the Product is not pledged, is not the subject of a dispute, is not under arrest, and it does not have any rights of third parties.
3.3. the Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits for business activities that regulate the legal relations arising and existing in the process of execution of this Agreement and warrants that it has the right to manufacture and / or sale of goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine and shall be responsible in case of violation of the rights of the Buyer during the execution of this Agreement and the sale of Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller shall:
fulfill the terms of this Agreement
fulfill Customer orders if payment is received from the Customer;
send the product to the Buyer according to the selected sample on the corresponding page of the Website https://gofitness.com.ua/, the completed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
notify the buyer of the possible additional Commission when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing them in this agreement.
4.2. The seller has the right:
unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
Business entity from among the persons offering to purchase on the Website https://gofitness.com.ua/ The product under the uniform agreed rules set out in this public offer agreement.*
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. the Buyer must:
timely pay for and receive the order under the terms of this Agreement;
read the Product information posted on the Website https://gofitness.com.ua/;
when receiving the Product from the person who delivered it, make sure that the integrity and completeness of the Product by examining the contents of the package. In case of damage or incomplete configuration of the Product-record them in the act, which must be signed together with the Buyer by the person who delivered it to the Buyer.
5.2. The buyer has the right:
place an order on the corresponding page of the Website https://gofitness.com.ua/;
require the seller to fulfill the terms of this Agreement;
to inform you about possible additional fees when paying for European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.
THE PROCEDURE OF REGISTRATION OF ORDER
6.1. Customer place order on the relevant page of the website https://gofitness.com.ua/ by adding Products to your virtual shopping cart by pressing the button "add To cart!", or by ordering by email or phone number listed in the contact section of the website https://gofitness.com.ua/.
6.2. the Order formation Period is up to 5 business days from the date of its registration. If the order is sent on a weekend or holiday, the formation period begins on the first working day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. the Price of each individual Product is determined by the Seller and indicated on the corresponding page of the Website https://gofitness.com.ua/. The Contract price is determined by adding the prices of all selected Products placed in the virtual cart 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 product range.
7.3. The buyer can pay in the following ways:
1) by Bank transfer of money to the Seller's current account specified in the invoice, including via Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place of the order of the goods.
3) Credit card of the following type:
4) by any other means agreed with the Seller.
Note. When you pay the order by the Buyer payment card may incur additional fees by the Issuer of this card, particularly when paying an order by the Buyer payment card may charge additional fees for paying by the Buyer of the European orders issuers of Visa cards, Mastercard, Visa Electron, Mastercard Electronic, Maestro. When you click on a Website page https://gofitness.com.ua/ in the corresponding section of the "CHECKOUT" button, it means that the Seller has notified the Buyer of the possibility of charging an additional Commission when paying for European orders by the Buyer, the Issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card.
PRODUCT DELIVERY TERMS
8.1 the Buyer receives the Product via delivery, or receives it personally. The order of payment and receipt is indicated on the corresponding page of the Website https://gofitness.com.ua/.
8.2. when delivering Goods to other cities of Ukraine or on the territory of another country, performed by other delivery Services (hereinafter referred to as carrier Companies) The buyer fully and unconditionally agrees to the Rules of cargo transportation by these carriers.
8.3. The receipt of Goods and no claims to the quality of the Goods delivered by the carriers, the Buyer confirms his own signature in the commodity-transport waybill of the Declaration of the carrier or waybill when receiving the Goods. For its part, the Seller guarantees that the Goods will be shipped to the carrier Company in the quantity specified and paid for by the Buyer, complete according to the specification of this Product and in proper (working) condition and quality.
8.4. if the Buyer is not present at the delivery address specified by the Buyer in the application or the Buyer refuses to receive the Goods for unjustified reasons, upon delivery by Courier of the carrier company, the Goods are returned to the shipping center. Payment for the services of the carrier Company is deducted from the amount transferred by the Buyer for the Product. The remaining amount is returned to the Buyer based on their email sent to: email@example.com indicating the current account to which the funds should be returned.
All questions that arise during the payment process and receipt of the Product, the Buyer can find out by using the contact information in the Contacts section.
THE CONDITIONS OF RETURN OF GOODS
9.1. in accordance with article 9 of the Law of Ukraine "on consumer protection", the Buyer has the right to exchange goods of good quality within fourteen days, not counting the day of purchase, if a longer period is not declared by the Seller. The buyer has the right to exchange the Goods subject to the provisions of the law on the grounds and list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Product, such return is made in accordance with the section of the Website "Return", taking into account the terms and conditions of the carrier or courier, which are valid on the territory of Ukraine or on the territory of another country in accordance with the place of receipt of the Product.
9.3. In the case of at least one of these deficiencies, the Buyer is obliged to fix it in a structured act of arbitrary shape. The certificate must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the shortcomings should be recorded by means of photo or video shooting. Within 1 (one) day, the Buyer must inform the Manager (the Seller's representative responsible for placing an order for the Product) of the identified shortcomings and agree to replace the Product, while filling out the complaint form for returning the Product on the site https://gofitness.com.ua/.
9.4. the Parties agreed that in case of non - compliance with the mandatory requirements of this procedure, the Buyer is recognized as receiving the Goods in proper condition-without any mechanical damage and in full completeness.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. the Parties are responsible for non-performance or improper performance of the terms of this Agreement in accordance with the procedure provided for by this Agreement and current international and Ukrainian legislation.
10.2. in the event of disputes related to the parties ' performance of this Agreement, with the exception of disputes about debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The claim review period is 7 (seven) calendar days from the date of its receipt. For disputes related to debt collection from the Buyer, compliance with the claim procedure is not required.
10.3. all disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, violation, termination or invalidity, shall be resolved in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
11.1. the Parties shall not be liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure, i.e. events or circumstances that are really beyond the control of such party, occurring after the conclusion of this Agreement, which are unpredictable and unavoidable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by public authorities (including distributions, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. a Party that has become unable to fulfill its obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing of the occurrence of the above circumstances, as well as provide the other Party with a confirmation of force majeure within 30 (thirty) calendar days. This confirmation will be a certificate, certificate or other relevant document issued by the authorized state body located at the place of occurrence of force majeure.
11.3. the Time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4. If, due to force majeure, non-performance of obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties make final settlements.
OTHER TERMS OF THE AGREEMENT
12.1. Information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling his Order (sending a message to the seller about the order of the Product, sending advertising messages, etc.).
12.2. Own acceptance of the Agreement or registration on the Website https://gofitness.com.ua/ (filling out the registration form) The buyer voluntarily consents to the collection and processing of their personal data for the following purpose: the data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about the order, sending out advertising and special offers by telecommunication means (e-mail, mobile communication), information about promotions, sweepstakes or any other information about Website activity
12.3. The buyer gives the right to carry out the processing of personal data, including: put personal information in the database (without additional notice), to carry out a life data storage, their accumulation, updating, modification (as needed). The seller undertakes to protect the data from unauthorized access by third parties, not to distribute or transfer the data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to perform direct data processing for the specified purposes, as well as to the mandatory request of the competent state authority).
12.4. in case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or email address.
12.5. the Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information provided when placing an order.https://gofitness.com.ua/
For the purposes stipulated in this paragraph, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms messages, make calls to the phone number specified in the questionnaire.