Public Offer Agreement
1.1. This offer is the official offer of TM Krago “krago.us”, hereinafter referred to as the “Seller”, to conclude the Contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the “Agreement”, and places the Public Offer (offer) on the Seller’s official website “https://krago.us (hereinafter – the” Website “).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact that the Buyer paid the order on the terms of this Agreement, at the time and at the prices indicated on the Seller’s website.
Concepts and Definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* “Goods” – models, accessories, components and accompanying items;
* “Online Store” – in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling a product, work or service by means of an electronic transaction.
* “Seller” – a company that sells products presented on the website.
* “Buyer” – an individual who has concluded an Agreement with the Seller on the conditions set forth below.
* “Order” – the selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement.
This Agreement governs the sale of goods in the online store, including:
– voluntary selection by the Buyer of goods in the online store;
– independent registration by the Buyer of an order in the online store;
– payment by the Buyer of the order placed in the online store;
– processing and delivery of the order to the Buyer in the ownership of the terms of this Agreement.
4.1. The buyer has the right to place an order for any product presented on the website of the online store and available.
4.2. Each item can be represented in the order in any quantity.
4.3. In the absence of goods in the warehouse, the Company Manager is obliged to inform the Buyer (by phone or e-mail).
4.4. In the absence of goods, the Buyer has the right to replace it with goods of a similar model, refuse this product, and cancel the order.
Order Delivery Terms
5.1. The methods, order and terms of delivery of goods are indicated on the website in the section “DELIVERY AND PAYMENT”. The buyer agrees with the operator of the online market at the time of checkout the order and terms of delivery of the ordered goods.
5.2. Delivery of goods is carried out on their own by the employees of the Internet market in accordance with the terms of delivery, or with the involvement of third parties (carrier).
5.3. Upon receipt of the goods, the Customer must, in the presence of the representative of the courier, check the conformity of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).
5.4. Upon acceptance of the goods, the Customer or the Customer’s Representative confirms with his signature in the sales receipt and / or order for the delivery of goods, which has no claims on the quantity of goods, the appearance and completeness of the goods
Rights and obligations of the parties:
6.1. The seller has the right:
– unilaterally suspend the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement.
6.2. The buyer must:
– timely pay and receive the order on the terms of this agreement.
6.3. The buyer has the right:
– place an order in the online store;
– draw up an electronic contract;
– require the Seller to fulfill the terms of this Agreement.
Responsibility of the Parties
7.1. The parties are responsible for non-compliance or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
7.2. The seller is not responsible for:
– for a slight discrepancy in the color gamut of the product, which may differ from the original product solely due to the different color rendering of individual computer monitors of individual models;
– for the content and veracity of the information provided by the Buyer when placing the order;
– for delays and interruptions in the provision of the Services (order processing and delivery of goods) that occur due to reasons beyond the scope of its control;
– for unlawful illegal actions performed by the Buyer using this access to the Internet;
– for the transfer by the Buyer of its network identifiers – IP, MAC address, login and password to third parties;
7.3. The buyer, using the Internet access granted to him, is independently liable for damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.
7.4. In case of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. Force majeure for the purposes of this agreement is understood to mean events of an extraordinary, unforeseen nature that exclude or objectively impede the execution of this agreement, the occurrence of which the Parties could not have foreseen and prevented in reasonable ways.
7.5. The parties make every effort to resolve any differences exclusively through negotiations.
8.1. The online store reserves the right to unilaterally amend this contract subject to prior publication on https://krago.us
8.2. The online store was created to organize a remote way of selling goods over the Internet.
8.3. The buyer is responsible for the accuracy of the information specified when placing the order. Moreover, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, in the understanding of the Law of Ukraine “On the Protection of Personal Data”.
8.4. Payment by the Buyer of the order placed in the online store means the Buyer’s full agreement with the terms of the contract of sale (public offer)
8.5. The actual date of electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine “On Electronic Commerce”
8.6. Using the resources of the online store to preview the product, as well as to place an order for the Buyer, is free.
8.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering goods, making settlements, etc.
The procedure for returning goods of good quality
9.1. Return of goods to the online store is made in accordance with the current legislation of Ukraine.
9.2. Returning the goods to the online store is at the expense of the Buyer.
9.3. When the Buyer returns the goods of good quality, the online store returns the amount paid for the goods upon the return of the goods, minus the compensation for the costs of the online store related to the delivery of the goods to the Buyer.
10.1. An electronic contract shall be deemed concluded from the moment the person who has sent the offer to conclude such an agreement receives a response on the acceptance of this proposal in the manner determined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
10.2. Until the expiration date, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refund
10.3. The parties have the right to terminate this agreement unilaterally, if one of the parties does not comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.