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Under this Agreement, the Seller, on one side, and any person who accepts the terms of this public offer agreement - the Buyer, on the other side, hereinafter together referred to as the Parties, have concluded this Public Offer Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public proposal of the Seller to conclude a purchase and sale agreement for Goods with Buyers. The photographs of which are posted in the relevant section of thek keepawards.com Website (hereinafter - the Website).
Sellers intending to sell Goods through the Website and Buyers purchasing Goods, the images of which are posted on the respective pages of the Website, accept the terms of this Agreement as stated below.
1. General Provisions
1.1. The contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the "Checkout" or "Buy in One Click" button on the Website in the corresponding section means that the Buyer, regardless of their status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has undertaken to fulfill the conditions of this Agreement, as indicated below.
1.2. The Agreement is public in accordance with Articles 633, 641 of the Civil Code of Ukraine, which means its terms are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing to the Agreement, the Buyer accepts the terms and procedure for placing an order, payment, and delivery of the goods by the Seller, as well as responsibility for dishonest Orders and non-compliance with the terms of this Agreement.
1.3. The Agreement comes into force from the moment of clicking on the "Checkout" or "Buy in One Click" button, whereby the Buyer agrees to make a purchase of the Seller's available Goods and remains in effect until the Buyer receives the Goods from the Seller and makes full payment to them.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply the norms of the current legislation of Ukraine. If an international treaty, the consent to the binding force of which has been granted by the Verkhovna Rada of Ukraine, establishes rules different from those established by Ukrainian legislation, then the rules of the international treaty shall apply.
2 .Terms and Definitions
Public Offer Agreement: a public contract, the template of which is posted on the Website and the application of which is mandatory for all Sellers, containing the Seller's proposal for the purchase of Goods, the images of which are posted on the Website, aimed at an indefinite circle of persons, including Buyers.
Acceptance: the Buyer's acceptance of the Seller's proposal for the purchase of Goods depicted on the Website by adding it to the virtual cart and placing an Order.
Goods: the subject of trade (product, model, accessory, components and accompanying items, any other items of trade) for the purchase of which the Seller's proposal is posted on the Website.
Buyer: any capable individual, legal entity, individual entrepreneur, according to the current Ukrainian legislation, who visited the Website and intends to purchase one or more Goods.
Seller: any capable individual, legal entity, individual entrepreneur, according to the current international and Ukrainian legislation, who owns or distributes the Goods and intends to sell it through the Website.
Order: a properly formatted request from the Buyer placed on the Website to purchase Goods addressed to the Seller.
Legislation: the norms of the current legislation of Ukraine or the norms of international legislation, which in the prescribed manner are considered part of national legislation and are intended to regulate contractual legal relations under the Agreement.
Material Defect of Goods: a defect that makes the use of the Goods according to its intended purpose impossible or impermissible, arising from the fault of the manufacturer (Seller), and after its elimination, reappears for reasons independent of the consumer.
3. Subject Matter of the Agreement
3.1. The Seller undertakes, under the terms and in the manner defined by this Agreement, to sell the Goods based on the Order placed by the Buyer on the respective page of the Website, and the Buyer undertakes, under the terms and in the manner defined by this Agreement, to purchase the Goods and pay for them.
3.2. The Seller guarantees 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 current Agreement is not a fictitious or simulated transaction or an agreement made under duress or deceit.
3.4. The Seller confirms that they have all necessary permits for conducting economic activities regulating the sphere of legal relations arising and operating in the process of executing this Agreement, and also guarantees that they have 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 case of violation of the Buyer's rights in the process of executing this Agreement and selling the Goods.
4. Rights and Obligations of the Seller
4.1. Obligations of the Seller:
To fulfill the terms of this Agreement.
To fulfill the Buyer's orders upon receipt of payment from the Buyer.
To deliver the Goods to the Buyer in accordance with the selected sample on the respective page of the Website, the placed Order, and the terms of this Agreement.
To check the qualitative and quantitative characteristics of the Goods before shipment.
To inform the Buyer about possible additional commissions for payments of European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, and Maestro cards by informing in this agreement.
4.2. Rights of the Seller:
Unilaterally suspend the provision of services under the Agreement in case of the Buyer's violation of the Agreement's terms.
4.3. The Seller:
A business entity among those offering Goods for purchase on the Website under the agreed rules set forth in this public offer agreement.
Each Seller is obliged to provide their details, including payment details, in the invoices (orders/receipts) sent to the buyer upon confirmation of their order.
5. Rights and Obligations of the Buyer
5.1. Obligations of the Buyer:
To timely pay for and receive the order on the terms of this Agreement.
To familiarize oneself with the information about the Goods posted on the Website.
To inspect the integrity and completeness of the Goods upon receipt.
5.2. Rights of the Buyer:
To place an order on the respective page of the Website.
To demand the Seller to fulfill the terms of this Agreement.
To be informed about possible additional commissions for payments of European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, and Maestro cards.