Public Offer
to order, buy and sell goods and services
This agreement is an official and public offer of the Seller to enter into a contract for the sale of the Goods presented on the website https://3dscanner.com.ua/. This agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions and the procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for a bad faith order and all other terms of the Agreement. The Agreement shall be deemed concluded from the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives an order confirmation from the Seller in electronic form.
1. Terms Definition
1.1. Public Offer (hereinafter referred to as the “Offer”) is a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the “Agreement”) on the terms and conditions contained in this Offer.
1.2. Goods or Service - the object of the parties' agreement, which was selected by the Buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store - the Seller's website at https://3dscanner.com.ua/ created for the conclusion of retail and wholesale sales contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to the implementation of entrepreneurial activities, or a legal entity or individual entrepreneur.
1.5. The seller is Yukhno Olena Mykhailivna, sole proprietor, FOP, DRFO code 2794508400, acts on the basis of a state registration certificate and is a taxpayer under the simplified taxation system, single tax payer of group 2, whose location is: 03057, Kyiv, Dehtiarivska St., 50, tel.: +380505272742.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of filling out the order form by the Buyer located on the website of the online store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3. Ordering the Order
3.1. The Buyer independently places an order in the Online Store through the “Shopping Cart” form, or by placing an order by e-mail or by phone number indicated in the contacts section of the Online Store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about their validity.
3.3 When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. surname, name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact phone number.
3.3.4. identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the online store.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the website of the online store or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, that is, accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
а) The Buyer is fully and completely familiarized and agrees with the terms of this offer (offer);
b) he/she authorizes the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Buyer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him.
4. Price, Acceptance and Delivery of the Goods
4.1 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.2 The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.3 Delivery terms - pickup from the Seller's warehouse. The goods are accepted by the buyer according to the invoice.
4.3.1 In case of transfer of goods by third-party carriers, the buyer is obliged to send a signed invoice within 3 working days to the seller's address.
4.4. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a request by sending an e-mail or when placing an order through the online store operator.
4.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.
4.6. Settlements between the Seller and the Buyer for the Goods shall be made in the manner specified on the website of the online store in the section “Payment and Delivery”.
4.7. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.8. Upon acceptance of the Goods, the Buyer or his/her representative shall confirm with his/her signature in the sales receipt/ or in the order/ or in the waybill for the delivery of goods that he/she has no claims to the quantity of goods, appearance and completeness of the goods.
4.9. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon independent delivery of the Goods from the Seller, or upon transfer of the goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1 Transfer the goods within 5 days from the date of prepayment of the contract price, provided that they are available in the Seller's warehouse or within the agreed period in case of pre-ordering the goods from the manufacturer.
5.1.2 Transfer the new product in good working order, suitable for use;
- transfer the software package necessary for the use of the goods;
- at the request of the Buyer, provide explanations for the transfer of supporting documentation;
- involve third parties if necessary;
- maintain communication between the Buyer and the manufacturer's service center within a year from the date of transfer of the goods
5.1.3 Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.
5.3.3 Accept and inspect the goods;
5.3.4 Provide all the information necessary to fulfill the terms of the contract.
6. Warranty
6.1. Warranty terms: the warranty period is 12 months from the date of signing the invoice for the goods. The Seller is not responsible for defects caused by violation of the operating rules by the Buyer. 6.2. In case the above equipment fails through no fault of the Buyer, within the warranty period, the Supplier undertakes to repair the defective equipment without additional payment.
6.3. The warranty does not apply to: extruder parts and mechanical unit parts, replacement cartridges, work surface coatings, power and switching cables, memory media, consumables, etc.
6.4. Warranty repairs and maintenance are carried out within 30 working days at the service center of the seller of the product, provided that the necessary components are available. The warranty period is extended for the duration of the repair.
6.5. The seller disclaims warranty obligations in the following cases:
- in the presence of mechanical, chemical, thermal and other damage to the equipment.
- failure due to non-compliance with the rules of installation and operation of the equipment.
- opening, repair or modernization of the equipment by unauthorized persons.
- refusal by the Buyer to follow the instructions of the Seller and/or the manufacturer of the equipment, maintenance, diagnostics.
6.6. For the period of warranty repair, similar serviceable equipment is not issued.
6.7. The warranty does not cover damage caused to other equipment and/or third parties.
6.8. All transportation costs are at the expense of the buyer and are not subject to compensation.
6.9. The Seller is not responsible for the result of the equipment operation caused by the user's choice of settings and operating modes of the equipment, the choice of consumables, user's qualifications, untimely maintenance of the equipment, violation of operating or storage conditions, repair or modernization by service centers not authorized by the Seller, use of damaged equipment and violation of the manufacturer's instructions.
6.10. The Seller shall not be liable for failure to meet the deadlines for the Buyer's plans, applications, orders, etc.
7. Liability
7.1. The Seller is not responsible for damage caused to the Buyer or third parties due to improper installation, use, storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will of the Seller and / or the Buyer after the conclusion of this agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Other terms and conditions
9.1 This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller shall have the right to amend this Agreement unilaterally as provided for in clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
9.4 This Agreement is valid until its execution.
ADDRESS AND DETAILS OF THE SELLER:
- FOP Yukhno Olena Mykhaylivna
- 03057, Kyiv, Dehtiarivska St., 50
- p/r UA773220010000026008330166161 at PJSC "UNIVERSAL BANK" bank
- DRFO code 2794508400
- Tel.: +380505272742