Public offer agreement
General provisions
1.1. This offer is an official offer of TM Sofia, hereinafter referred
to as the "Seller", to conclude the Agreement of remote purchase and
sale of goods, i.e. through the online store, hereinafter referred to as the
"Agreement", and places the Public offer (offer) on the official
website of the Seller "https://merino.ua (hereinafter - the
"Website").
1.2 The moment of full and unconditional acceptance by the Buyer of the
Seller's offer (acceptance) to enter into an electronic contract for the sale
of goods shall be the fact of payment by the Buyer for the order on the terms
of this Agreement, at the time and prices indicated on the Seller's Internet
site.
Concepts and definitions
2.1 In this offer, unless the context otherwise requires, the following
terms have the following meanings:
* "merchandise" - models, accessories and accompanying items;
* "Internet store" - in accordance with the Law of Ukraine
"On electronic commerce", a means for presenting or selling goods,
work or services by making an electronic transaction.
* "Seller" - a company that sells goods presented on the
Internet site.
* "Buyer" - an individual who has entered into an Agreement
with the Seller on the terms and conditions set forth below.
* "Order" - selection of individual items from the list of
goods specified by the Buyer when placing an order and making payment.
Subject matter of the Contract
3.1 The Seller undertakes to transfer the Goods into the possession of
the Buyer, and the Buyer undertakes to pay for and accept the Goods under the
terms of this Contract.
This Agreement governs the purchase and sale of goods in the online
store, including:
- the Buyer's voluntary selection of goods in the Online Store;
- the Buyer's own registration of the order in the online store;
- the Buyer's payment for the order, issued in the online store;
- the processing and delivery of the order to the Buyer under the terms
of this Agreement.
The procedure of registration of the order
4.1 The Buyer shall have the right to place an order for any product
presented on the Site of the Online Shop and available.
4.2 Each item can be presented in the order in any quantity.
4.3 In the absence of the goods in stock, the Manager of the company
shall notify the Buyer (by phone or e-mail).
4.4 In the absence of the goods, the Buyer has the right to replace it
with the goods of similar model, to refuse this product and to cancel the
order.
Order payment procedure
5.1 Cash on delivery: payment is made upon receipt of the goods in the
office of the shipping company for cash in UAH.
5.2. through the payment system (liqpay) on the site in the process of
placing the order
Terms of delivery
6.1 Delivery of the goods purchased at the Internet-shop shall be made
to the warehouses of the transportation companies where the orders are given
out.
6.2 The Buyer shall be provided with the documents that comply with the laws
of Ukraine along with the order.
Rights and duties of the parties:
7.1 Seller has the right:
- unilaterally suspend the provision of services under this contract in
case the Buyer violates the terms of this contract.
7.2 Buyer is obliged:
- timely pay and receive the order under the terms of this contract.
7.3 The Buyer has the right to:
- to place the order in the online store;
- to formalize the electronic contract;
- demand from the Seller to fulfill the terms of this Agreement.
Responsibility of the Parties
8.1. The parties shall be liable for non-performance or improper
performance of the terms of this Agreement in the manner prescribed by this
Agreement and the applicable laws of Ukraine.
8.2 Seller is not responsible for:
- the appearance of the Goods changed by the manufacturer;
- for slight discrepancy of the color gamma of the goods that may differ
from the original product solely because of the different color transmission
monitors of personal computers of some models;
- for the content and truthfulness of the information provided by the
Buyer when placing the order;
- for delays and interruptions in the provision of services (processing
of the order and delivery of goods) that occur for reasons beyond his control;
- for illegal illegal actions, performed by the Buyer with the help of
the given access to the Internet;
- for the transfer by the Buyer of its network identifiers - IP,
MAC-address, username and password to third parties;
8.3 The Buyer, using the provided access to the Internet, shall be
solely responsible for the damage caused by his actions (personally, even if
another person was using his login) to persons or their property, legal
entities, the state or morality.
8.4 In case of force majeure circumstances, the parties are exempted
from the terms of this contract. For the purposes of this contract, force
majeure circumstances are events of an extraordinary, unforeseeable nature,
which exclude or objectively prevent the execution of this contract, the
occurrence of which the Parties could not foresee and prevent by reasonable
means.
8.5 The parties shall make every effort to resolve any disagreements
solely by negotiation.
Other conditions
9.1 The online store reserves the right to unilaterally make changes to
this agreement, subject to prior publication on the website https://merino.ua.
9.2 The online store has been created to organize the remote method of
sale of goods via the Internet.
9.3 The Buyer is responsible for the accuracy of the information
specified when placing the order. In this case, when making the acceptance
(ordering and subsequent payment for goods) the Buyer shall provide to the
Seller its unconditional consent to the collection, processing, storage and use
of its personal data within the meaning of the Law of Ukraine "On
Protection of Personal Data".
9.4 Payment by the Buyer of the completed order in the online store
means the Buyer's full consent to the terms of the sales contract (public
offer)
9.5 The actual date of the electronic agreement between the parties is
the date of acceptance of the terms, in accordance with Article 11 of the Law
of Ukraine "On electronic commerce".
9.6 Using the online store resource for the preview of the goods, as
well as to place an order for the Buyer is free.
9.7 The information provided by the Buyer shall be confidential. The
online store uses the information about the Buyer solely for the purposes of
processing the order, sending notifications to the Buyer, the delivery of
goods, the implementation of settlements, etc.
The order of return of goods of proper quality
10.1 The return of goods to the online store shall be made in accordance
with the current legislation of Ukraine.
10.2 The return of goods to the online store shall be made at the
Buyer's expense.
10.3 When the Buyer returns the goods of proper quality, the online
store returns the amount of money paid for the goods upon the return of the
goods minus a compensation of costs of online store related to the delivery of
goods to the Buyer.
Term of validity of the contract
11.1 The electronic contract shall be considered concluded from the
moment of receipt by the person who sent the proposal to conclude such a
contract, the answer about the acceptance of this proposal in the manner
prescribed by Part 6, Article 11 of the Law of Ukraine "On electronic
commerce".
11.2 This contract may be terminated by mutual consent of the parties prior to the moment of actual delivery of goods, by return of funds.
11.3. The parties have the right to terminate this Agreement unilaterally in case of failure by one of the parties to fulfill the terms of this Agreement and in cases stipulated by the current legislation of Ukraine.


