Public Offer Agreement
Public Offer Agreement
Rights and Obligations of the Parties
Liability of the PartiesGeneral Provisions
1.1. This offer is the official proposal of Sole Proprietor Yevhen Viacheslavovych Pohorilyi (hereinafter the “Seller”) to conclude a contract for the sale of goods by remote means, that is, through the online store (hereinafter the “Agreement”), and posts this Public Offer (proposal) on the Seller’s official website https://pogo.com.ua (hereinafter the “Website”).
1.2. The moment of the Buyer’s full and unconditional acceptance of the Seller’s offer (acceptance) to conclude an electronic contract for the sale of goods is deemed to be the Buyer’s payment for the order under the terms of this Agreement, within the timeframes and at the prices specified on the Seller’s Website.Concepts and Definitions
2.1. In this offer, unless the context requires otherwise, the terms below 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 of presenting or selling goods, work, or services through an electronic transaction.
* “Seller” – the company that sells the goods presented on the Website.
* “Buyer” – an individual who has entered into an Agreement with the Seller on the terms set out below.
* “Order” – the selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.Subject of the Agreement
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
This Agreement governs the sale of goods in the online store, including:
– the Buyer’s voluntary selection of goods in the online store;
– the Buyer’s independent placement of an order in the online store;
– the Buyer’s payment for the order placed in the online store;
– the processing and delivery of the order into the Buyer’s ownership under the terms of this Agreement.Order Placement Procedure
4.1. The Buyer has the right to place an order for any product presented on the online store’s Website that is in stock.
4.2. Each item may be included in the order in any quantity.
4.3. If a product is out of stock, the company’s manager is obliged to notify the Buyer (by phone or email).
4.4. If a product is unavailable, the Buyer has the right to replace it with a product of a similar model, decline the product, or cancel the order.Order Payment Procedure
Cash on delivery
5.1. Payment is made upon receipt of the goods at the carrier’s branch, in cash, in hryvnia.
5.2. If the funds are not received, the online store reserves the right to cancel the order.Order Delivery Terms
6.1. Delivery of goods purchased in the online store is made to the carriers’ warehouses, where the orders are handed over.
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 to:
– unilaterally cease providing services under this agreement if the Buyer breaches the terms of this agreement.
7.2. The Buyer is obliged to:
– pay for and receive the order in a timely manner under the terms of this agreement.
7.3. The Buyer has the right to:
– place an order in the online store;
– conclude an electronic contract;
– require the Seller to fulfill the terms of this Agreement.Liability of the Parties
8.1. The Parties are liable for failure to perform or improper performance of the terms of this agreement in the manner provided by this agreement and the applicable legislation of Ukraine.
8.2. The Seller is not liable for:
– changes to the appearance of the Goods made by the manufacturer;
– minor discrepancies in the color of the product, which may differ from the original solely due to differences in color reproduction on the monitors of certain personal computer models;
– the content and accuracy of the information provided by the Buyer when placing the order;
– delays and interruptions in providing the Services (order processing and delivery of goods) that occur for reasons beyond its control;
