Public Agreement (Offer liqpay)
This agreement is an official and public offer of the Seller to conclude a purchase and sale agreement for the Goods presented on the website royalltech.com.ua. This agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for bad-faith orders, and other conditions of the agreement.
1. Definitions of Terms
1.1. Public offer (hereinafter – the “Offer”) – a public offer of the Seller, addressed to an indefinite number of persons, to conclude a purchase and sale agreement for goods remotely (hereinafter – the “Agreement”) under the terms contained in this Offer.
1.2. Product or Service – the subject of the agreement between the parties, selected by the buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store – the Seller’s website at royalltech.com.ua, created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer’s acquaintance with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to entrepreneurial activities, or a legal entity or individual entrepreneur.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date of filling out the order form by the Buyer, posted on the website of the online store, provided the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement can be drawn up in writing.
3. Order Placement
3.1. The Buyer independently places an order in the online store through the “Basket” form, or by placing an order via email or by phone indicated in the contacts section of the online store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts about its validity.
3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer’s last name, first name;
3.3.2. Address to which the Goods should be delivered (if delivery to the Buyer’s address);
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, and price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the website of the online store.
3.5. If any Party to the agreement needs additional information, they have the right to request it from the other Party. If the necessary information is not provided by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller’s operator (p. 3.1. of this Offer), the Buyer undertakes to provide the information specified in p. 3.3 – 3.4. of this Offer.
3.7. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data by the Buyer into the registration form on the website of the online store or when placing an Order through the operator. After placing an Order through the Operator, the Buyer’s data is entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, that is, by accepting the terms of this offer (the proposed terms of purchasing the Goods) by placing an Order, the Buyer confirms the following: a) The Buyer is fully familiar with and agrees with the terms of this offer;
b) he gives permission for the collection, processing, and transfer of personal data, permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the agreement, the Buyer confirms that he has been notified (without additional notification) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, the purposes of data collection, as well as that his personal data is transferred to the Seller to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications to the Buyer to fulfill the Buyer’s order.
4. Price and Delivery of Goods
4.1. Prices for goods and services are determined by the seller independently and indicated on the website of the online store. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
4.2. Prices for goods and services may be changed by the seller unilaterally depending on market conditions. At the same time, the price of a separate unit of Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer according to the current rates of delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The Seller can indicate the approximate cost of delivery of the Goods to the Buyer’s address upon the Buyer’s request to the Seller by sending a letter to the email or when placing an order through the online store operator.
4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds on his account.
4.7. Settlements between the Seller and the Buyer for the Goods are made in the ways specified on the website of the online store in the “Payment and Delivery” section.
4.8. When receiving the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods to the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.9. The Buyer or his representative, upon acceptance of the Goods, confirms with his signature on the sales receipt / or in the order / or in the bill of lading for the delivery of goods, the absence of claims to the quantity of goods, external appearance, and completeness of the goods.
4.10. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods during the self-delivery of the Goods from the Seller or upon the transfer of the Seller’s goods to the delivery service (carrier) selected by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller must:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information tothird parties, except as provided by law and when fulfilling the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as prices for Goods and services unilaterally, placing them on the website of the online store. All changes take effect from the moment of publication.
5.3. The Buyer undertakes to:
5.3.1. Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the online store.
5.3.2. To enable the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if they were not used and if their presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for the payment of the Goods are preserved. The list of goods that are not subject to return for reasons provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. The return to the Buyer of the cost of goods of proper quality is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, subject to compliance with the requirements provided for in p. 6.1. of the Agreement, the current legislation of Ukraine.
6.3. The cost of the goods is refundable by bank transfer to the Buyer’s account.
6.4. The 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.
6.5. If defects are found in the Goods within the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to present the Seller with the requirements provided for by the Law of Ukraine “On the Protection of Consumer Rights”. When making demands for the free elimination of defects, the period for their elimination is calculated from the date the Goods are received by the Seller at his disposal and physical access to such Goods.
6.6. Consideration of the requirements provided for by the Law of Ukraine “On the Protection of Consumer Rights” is carried out by the Seller if the Buyer has the documents provided for by the current legislation of Ukraine. The seller is not responsible for the shortcomings of the Goods that arose after their transfer to the Buyer as a result of the violation by the Buyer of the rules for using or storing the Goods, the actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse goods of proper quality that have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them (including at the request of the Buyer non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the sizes of the goods and other characteristics specified in the online store.
6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the “Contacts” section.
7. Responsibility
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The seller is not responsible for improper, untimely execution of Orders and its obligations in case the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from responsibility for full or partial failure to fulfill their obligations if such failure is the result of force majeure circumstances such as war or military actions, earthquakes, floods, fires, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The party that cannot fulfill its obligations must immediately notify the other Party.
8. Confidentiality and protection of personal data
8.1. By providing his personal data on the website of the online store during registration or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as the performance of other actions provided for by the Law of Ukraine “On the Protection of Personal Data”, without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation to provide information by the Seller to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for maintaining his personal data up to date. The Seller is not responsible for the improper performance or non-performance of its obligations in connection with the irrelevance of information about the Buyer or its inconsistency with reality.
9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If it is impossible to resolve the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for the resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in p. 5.2.1. of the Agreement. In addition, changes to the Agreement can be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.