PUBLIC OFFER

GENERAL PROVISIONS

1.1. This public offer agreement is a formal proposal of “tobe.ua” (hereinafter – the "Seller") to enter into an agreement for the remote sale of goods (hereinafter – the "Agreement"), i. e. via online store. The Seller posts the public offer (the proposal) in the Seller’s official website "https://tobe.ua" (hereinafter – the "Website").

1.2. The Buyer’s payment for the order under the terms of this Agreement, within the terms and at the prices specified on the Seller's Website shall be considered a complete and unconditional agreement of the Buyer to accept the Seller’s offer (acceptance) for entering into the Agreement for the sale of goods.

Terms and Definitions

2.1. In this public offer, unless the context requires otherwise, the terms stated below have the following meanings:

  • * "Goods" shall mean the models, accessories, components, and accompanying items;
  • * "Online Store", in accordance with the Law of Ukraine “On Electronic Commerce”, is a means for presenting or selling a product, work or service through an electronic transaction.
  • * "Seller" is a company that sells products presented on the Website.
  • * "Buyer" is an individual who has concluded an agreement with the Seller on the conditions set forth below.
  • * "Order" is 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 ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.

This Agreement regulates the purchase and sale of Goods in the Online Store, including:

  • the voluntary choice of Goods by the Buyer in the Online Store;
  • independent placement of an order by the Buyer in the Online Store;
  • payment by the Buyer for the order placed in the Online Store;
  • processing and delivery of the order to the Buyer’s ownership on the terms of this Agreement.

ORDERING PROCEDURE

4.1. The Buyer has the right to place an order for any product presented on the Website and available in stock.

4.2. Each item can be included 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, messenger, or e-mail).

4.4. In the absence of the goods, the Buyer has the right to replace it with a product of a similar model, refuse the product, or cancel the order.

ORDER PAYMENT PROCEDURE (CASH ON DELIVERY)

5.1. Payment is made upon receipt of the Goods at the transport company’s branch in cash in hryvnias.

5.2. In case of non-receipt of funds, the Online Store reserves the right to cancel the order.

ORDER DELIVERY TERMS

6.1. The delivery of Goods purchased in the Online Store is carried out to the warehouses of transport companies, where the orders are issued.

6.2. Documents in accordance with the legislation of Ukraine are provided to the Buyer along with the order.

RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The seller has the right to:

  •  unilaterally terminate the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.

7.2. The Buyer is obliged to:

  • timely pay for and receive the order on the terms of this Agreement.

7.3. The Buyer has the right to:

  • place an order in the Online Store;
  • enter into an electronic contract;
  • demand from the Seller the fulfillment of 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 provided for by this Agreement and the current legislation of Ukraine.

8.2. The Seller is not liable for:

  • changes made by the manufacturer to the appearance of the Goods;
  • minor discrepancies in the color range of the product, which may differ from the original product solely due to the different color rendering of computer monitors of individual models;
  • the content and accuracy of the information provided by the Buyer when placing an order;
  • delays and disruptions in the provision of Services (order processing and product delivery) that occur for reasons beyond its control;
  • illegal actions committed by the Buyer using this Internet access;
  • 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 solely responsible for the damage caused by their actions (even if another person was using their login) to individuals, legal entities, the state, or moral principles of morality.

8.4. In case of force majeure circumstances, the Parties are released from the performance of the conditions of this Agreement. Force majeure circumstances for the purposes of this Agreement are events of an extraordinary, unavoidable and unpredictable nature, which impede the fulfillment of this Agreement or make it impossible, and the occurrence of which the Parties cannot foresee or prevent by reasonable measures.

8.5. The Parties shall make every effort to settle any disputes solely through negotiations.

OTHER TERMS

9.1. The Online Store reserves the right to unilaterally amend this Agreement with its prior publication on the website https://tobe.ua

9.2. The Online Store is created to organize the remote sale of goods via the Internet.

9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer provides the Seller with their unconditional consent to the collection, processing, storage, use of their personal data, in the understanding of the Law of Ukraine "On Personal Data Protection".

9.4. The payment by the Buyer for the order placed on the Website means the full agreement of the Buyer with the terms of the sales contract (public offer agreement).

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. The use Online Store resource for viewing the 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 purpose of processing the order, sending messages to the Buyer, delivering goods, conducting settlements, etc.

PROCEDURE FOR RETURNING GOODS OF PROPER QUALITY

10.1. The return of Goods to the Online Store is carried out in accordance with the current legislation of Ukraine.

10.2. The Goods are returned to the Online Store at the expense of the Buyer.

10.3. When the Buyer returns a product of proper quality, the Online Store returns to the Buyer the amount paid for the product upon the return of the product, minus the compensation for the expenses of the Online Store associated with the delivery of the product to the Buyer.

AGREEMENT DURATION

11.1. The electronic contract is considered concluded from the moment the person who sent the proposal to conclude such a contract received a response to the acceptance of this proposal in the manner provided for in Part Six of Article 11 of the Law of Ukraine "On Electronic commerce".

11.2. Before the expiration of the term, this Agreement can be terminated by mutual agreement of the Parties until the actual delivery of the product, by returning the funds.

11.3. The Parties have the right to unilaterally terminate this Agreement in case one of the Parties fails to fulfill the conditions of this Agreement and in cases provided for by the current legislation of Ukraine.