General Provisions
1.1. This offer is the official proposal of the sole proprietor (FOP) Shapar Serhii Stanislavovych, hereinafter referred to as the «Seller», to conclude a Contract for the sale of goods remotely, i.e. through the Online Store, hereinafter referred to as the «Contract», and the Seller publishes this Public Offer (proposal) on the Seller’s official website https://flasharmy.com.ua/ (hereinafter — the «Website»).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s proposal (acceptance) to conclude an electronic contract for the sale of goods is the fact of payment by the Buyer for the order under the terms of this Contract, within the time limits and at the prices indicated on the Seller’s Website.
Terms 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 for presenting or selling goods, work or services by concluding an electronic transaction.
* «Seller» — the company that sells the goods presented on the Website.
* «Buyer» — a natural person who has concluded the Contract with the Seller on the terms set out below.
* «Order» — a selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.
Subject of the Contract
3.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Contract.
This Contract 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 independently placing an order in the Online Store;
— payment by the Buyer for the order placed in the Online Store;
— processing and delivery of the order into the Buyer’s ownership on the terms of this Contract.
Order Placement Procedure
4.1. The Buyer may place an order for any product presented on the Online Store Website and available 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 Manager must inform the Buyer (by phone or by e-mail).
4.4. If a product is unavailable, the Buyer may replace it with a product of a similar model, refuse the product, or cancel the order.
Cash-on-Delivery Payment Procedure
5.1. Payment is made upon receipt of the goods at the branch of the transport company, in cash, in hryvnias.
5.2. If the funds are not received, the Online Store reserves the right to cancel the order.
Order Delivery Terms
6.1. Goods purchased in the Online Store are delivered to the warehouses of transport companies, where the orders are handed over.
6.2. Together with the order, the Buyer is provided with the documents required by the legislation of Ukraine.
Rights and Obligations of the Parties:
7.1. The Seller has the right:
— to unilaterally stop providing services under this contract if the Buyer violates the terms of this contract.
7.2. The Buyer is obliged:
— to pay for and receive the order in due time on the terms of this contract.
7.3. The Buyer has the right:
— to place an order in the Online Store;
— to conclude an electronic contract;
— to require the Seller to fulfil the terms of this Contract.
Liability of the Parties
8.1. The parties are liable for non-fulfilment or improper fulfilment of the terms of this contract in the manner provided for by this contract and the current legislation of Ukraine.
8.2. The Seller is not liable for:
— the appearance of the Goods as changed by the manufacturer;
a slight mismatch in the colour range of the goods, which may differ from the original goods solely due to the different colour rendering of personal computer monitors of particular models;
— the content and accuracy of the information provided by the Buyer when placing the order;
— delays and interruptions in the provision of Services (order processing and delivery of the goods) occurring for reasons beyond its control;
— unlawful, illegal actions carried out by the Buyer using this access to the Internet;
— the transfer by the Buyer of their network identifiers — IP, MAC address, login and password — to third parties;
8.3. The Buyer, using the Internet access provided to them, is personally liable for harm caused by their actions (personally, even if another person was using their login) to persons or their property, legal entities, the state or moral principles.
8.4. In the event of force majeure, the parties are released from fulfilling the terms of this contract. For the purposes of this contract, force majeure means events of an extraordinary, unforeseeable nature that exclude or objectively impede the fulfilment of this contract, the occurrence of which the Parties could not have foreseen or prevented by reasonable means.
8.5. The parties shall make every effort to resolve any disagreements exclusively through negotiations.
Other Terms
9.1. The Online Store reserves the right to unilaterally amend this contract, provided that it is first published on the website https://flasharmy.com.ua/
9.2. The Online Store was created to organise the remote sale of goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing the order. In doing so, upon acceptance (placing an order and subsequently paying for the goods), the Buyer gives the Seller their consent to the collection, processing, storage and use of their personal data within the meaning of the Law of Ukraine «On Personal Data Protection».
9.4. Payment by the Buyer for an order placed in the Online Store constitutes the Buyer’s full agreement with the terms of the sale 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 Art. 11 of the Law of Ukraine «On Electronic Commerce».
9.6. Use of the Online Store resource for previewing goods, as well as for placing an order, is free of charge for the Buyer.
9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purposes of processing the order, sending notifications to the Buyer, delivering the goods, making settlements, etc.
Product Return Procedure
10.1. Goods are returned to the Online Store in accordance with the current legislation of Ukraine.
10.2. Goods are returned to the Online Store at the Buyer’s expense.
10.3. When the Buyer returns goods of proper quality, the Online Store refunds the amount paid for the goods upon the return of the goods, less compensation for the Online Store’s expenses related to delivering the goods to the Buyer.
Contract Validity Period
11.1. An electronic contract is considered concluded from the moment the person who sent the proposal to conclude such a contract receives a response accepting this proposal in the manner determined by part six of Article 11 of the Law of Ukraine «On Electronic Commerce».
11.2. Before its expiry, this Contract may be terminated by mutual agreement of the parties before the actual delivery of the goods, by refunding the payment.
11.3. The parties may terminate this contract unilaterally if one of the parties fails to comply with the terms of this Contract, and in the cases provided for by the current legislation of Ukraine.