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Public offer agreement
Public offer agreement "Advertising Factory"
1.1. This offer is an official offer "https://smm-boost-marketing.com", hereinafter referred to as the "Seller", to conclude an Agreement for the sale of goods remotely, that is, through the Internet portal, hereinafter referred to as the "Agreement ", and places the Public Offer (offer) on the official website of the Seller" https://smm-boost-marketing.com (hereinafter referred to as the "Internet Site").
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 services is the fact that the Buyer pays for the order on the terms of this Agreement, on 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:
* "service" - models, accessories, components and accompanying items;
* "Internet portal" - in accordance with the Law of Ukraine "on electronic commerce", a means for presenting or selling a service, work or service by making an electronic transaction.
* "Seller" - a company that sells the services presented on the Internet site.
* "Buyer" - an individual who has entered into an Agreement with the Seller on the terms set forth below.
* "Order" - selection of individual items from the list of services specified by the Buyer when placing an order and making payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer the Services to the Buyer, and the Buyer undertakes to pay for and accept the Service under the terms of this Agreement.
This Agreement regulates the purchase and sale of services on the Internet portal, including:
- voluntary choice by the Buyer of services in the Internet portal;
- independent registration by the Buyer of the order in the Internet portal;
- payment by the Buyer of the order placed in the Internet portal;
- processing and delivery of the order to the Buyer in the property on the terms of this Agreement.
How to place an order
4.1. The Buyer has the right to place an order for any service presented on the Website of the Internet portal and available.
4.2. Each item can be presented in the order in any quantity.
4.3. In the absence of the service in the warehouse, the Manager of the company is obliged to notify the Buyer (by phone or via e-mail).
4.4. In the absence of a service, the Buyer has the right to replace his services of a similar model, refuse this service, cancel the order.
Order payment procedure
Cash on delivery
5.1. Payment is made upon receipt of the service in the department of the transport company for cash in UAH.
5.2. If funds are not received, the Internet portal reserves the right to cancel the order.
Order delivery terms
6.1. Delivery of services purchased in the Internet portal is carried out to the warehouses of transport companies, where orders are issued.
6.2. Along with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Rights and obligations of the parties:
7.1. 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.
7.2. The buyer is obliged:
- timely pay and receive the order on the terms of this contract.
7.3. The buyer has the right:
- place an order in the Internet portal;
- draw up an electronic contract;
- require the Seller to fulfill the terms of this Agreement.
Responsibility of the parties
8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
- the appearance of the Service changed by the manufacturer;
- for a slight discrepancy in the color gamut of the service, which may differ from the original service solely due to the different color rendering of personal computer monitors of individual models;
- for the content and truthfulness of the information provided by the Buyer when placing an order;
- for delays and interruptions in the provision of the Services (order processing and service delivery) that occur due to reasons beyond its control;
- for illegal illegal actions carried out by the Buyer using this access to the Internet;
- for the transfer by the Buyer of their network identifiers - IP, MAC address, login and password to third parties;
8.3. The buyer, using the access to the Internet provided to him, is independently responsible for the harm 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.
8.4. In the event of force majeure circumstances, the parties are released from the terms of this agreement. For the purposes of this agreement, force majeure means events of an extraordinary, unforeseen nature that exclude or objectively interfere with the execution of this agreement, 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 differences solely through negotiations.
Other conditions
9.1. The Internet portal reserves the right to unilaterally amend this agreement, subject to its prior publication on the website https://smm-marketing.com.ua
9.2. The Internet portal was created to organize a remote way of selling services via the Internet.
9.3. The buyer is responsible for the accuracy of the information specified when placing an order. At the same time, when making an acceptance (placement of an order and subsequent payment for the service), 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".
9.4. Payment by the Buyer of the order placed on the Internet portal means the full consent of the Buyer with the terms of the contract of sale (public offer)
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"
9.6. The use of the Internet portal resource for previewing the service, as well as for placing an order for the Buyer, is free of charge.
9.7. The information provided by the Buyer is confidential. The Internet portal uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering the service, making mutual settlements, etc.
The procedure for returning a service of good quality
10.1. The return of the service to the Internet portal is made in accordance with the current legislation of Ukraine.
10.2. The return of the service to the Internet portal is made at the expense of the Buyer.
10.3. When the Buyer returns the service of proper quality, the Internet portal returns to him the amount of money paid for the services upon the return of the service, minus compensation for the costs of the Internet portal associated with the delivery of the service to the Buyer.
Contract time
11.1. An electronic contract is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response on the acceptance of this proposal in the manner prescribed by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".
11.2. Before the expiration date, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the service, by refund
11.3. The Parties have the right to terminate this Agreement unilaterally, if one of the Parties fails to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
Please note that the Internet portal "https://smm-boost-marketing.com/" on the official website https://smm-boost-marketing.com has the right, in accordance with the legislation of Ukraine, grant the right to use the Internet platform to sole proprietors and legal entities for the implementation of the service.
FOP Feshchenko Alexey Viktorovich
smm.r.fab@gmail.com