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Public Agreement №01012024ASPEUR for EUR, №01012024USD from 01.01.2024 for USD from 01 Jan 2024
This Agreement is a public agreement - a public offer agreement, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of status (individual, legal entity, individual - entrepreneur). With full agreement with this Agreement, the buyer accepts the conditions and procedure for placing an order, paying for goods, delivering goods.
This Agreement is an agreement between Aspect Plus Ltd, (hereinafter referred to as the "Seller") and any legal entity, individual entrepreneur or individual, user of the online store services, which is hereinafter referred to as the Buyer (hereinafter - "Buyer"), which includes all the essential conditions for organizing the sale and purchase remotely (ie through the website).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated May 12, 1991, the Rules of retail trade in non-food products, approved by order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.
This agreement is a public offer, is the equivalent of an "oral agreement" and, in accordance with applicable law, is legally binding.
1. General Provisions
1.1. This Agreement is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the sale and purchase by remote means, that is, through the website.
1.2. According to Art.642 of the Civil Code of Ukraine full and unconditional acceptance of the terms of the public Agreement, that is, the public offer of the site is the fact of clicking on the "Buy", "Place an order" or "Order quickly" link and paying for the order in the amount of 100% under the terms of this agreement.
1.3. The public offer is also accepted upon registration of the Buyer on the website.
1.4. By concluding the Agreement, the Buyer confirms that he is fully familiar with and agrees with its terms, as well as, if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of making settlements, as well as to obtain invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, the conclusion of this Agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", of the purposes of data collection. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
2. Terms and definitions
2.1. "Shop" - the seller's website (aspect-plus.com), created to conclude contracts for retail and wholesale purchase and sale on the basis of the Buyer's acquaintance with the description of the Goods proposed by the Seller in photographs, via the Internet, which excludes the possibility of direct acquaintance of the Buyer with the goods - remotely sale of goods.
2.2."Product" - a list of assortment names presented on the site.
2.3. "Personal data" - any information directly or indirectly related to a specific natural person, or a designated person.
2.4. "A significant disadvantage of the Goods" - a disadvantage that makes it impossible or inadmissible to use the goods in accordance with its intended purpose, arose through the fault of the manufacturer (seller), after its elimination it manifests itself again for reasons independent of the consumer and at the same time is endowed with at least one of the following signs :
2.4.1. it cannot be eliminated at all;
2.4.2. its elimination requires more than fourteen calendar days;
2.4.3. he produces goods that are substantially different from those provided for in the Agreement.
2.4.4. settlement can take place in different currencies provided by the shop (USD, EUR, UAH)
3. Subject of the Agreement
3.1. The store undertakes to transfer the goods to the ownership of the Buyer, and the Buyer undertakes to pay and accept the goods under the terms of this Agreement.
3.2. This Agreement governs the sale and purchase of the website, including:
3.2.1. voluntary choice of goods by the Buyer;
3.2.2. the Buyer's self-registration of an order on the website;
3.2.3. payment by the Buyer for the order placed on the website;
3.2.4. payment by the Buyer of the order according to the invoice;
3.2.5. execution and transfer of the order to the Buyer in ownership under the terms of this Agreement.
3.2.6. settlement can take place in different currencies provided by the shop (USD, EUR, UAH)
4. Ordering procedure
4.1. The buyer independently places orders online on the website or by telephone using the contacts indicated on the website.
5. Cost and order of payment for goods
5.1. The total cost of the goods is indicated on the pages of the Seller's website and consists of the price of the goods, the cost of delivery and whether or not including VAT, depending on the country of delivery and delivery methods.
5.2. Prices for goods and services may vary depending on market conditions, which are reflected in the prices on the website. The Seller cannot change the price for a specific Buyer if he has already accepted the terms of the Seller and made payment for the goods (services) in accordance with the procedure established by this Agreement.
5.3. The Buyer pays for the order within 2 working days (in the amount of 100% prepayment) by bank transfer of money to the Seller's current account indicated in the invoice, incl. using internet banking.
5.4. The nomenclature names of the goods on the invoice may not correspond to the name of the goods on the site.
6. Delivery of the order
6.1. Delivery of goods to the Buyer is made after receipt from the Buyer of 100% payment on the invoice.
6.2. Delivery of the goods is carried out by the seller or the transport company (carrier) at the expense of the Buyer. For foreign buyers, shipping costs are included in the total invoice value. In the case of the status of the goods on the site "Available", the total delivery time cannot exceed 20 days, if the status of the goods "On order", the total delivery time cannot exceed 180 days.
6.3. The cost of delivery on the website may vary, as it depends on the current tariffs of the transport company (carrier).
6.4. When ordering bulk consignments, delivery times and methods are agreed separately in each specific case.
6.5. The seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).
6.6. Payment for the delivery cost is made by the Buyer to the Carrier Company independently, upon receipt of the goods. The exact shipping cost is determined by the shipping company.
7. Terms of exchange, return of goods and funds
According to the "Consumer Protection Law", individuals who buy our store have the right to exchange or return goods purchased from us within the first 14 days after purchase.
7.1. The exchange and return of goods of good quality is carried out at the expense of the buyer within 14 days from the date of sale and can be made only once, provided that the unused goods of good quality do not have scuffs, dents and cracks, the purchase has preserved its presentation, consumer properties, the manufacturer's marking is not damaged, all accessories, documentation included in the product package are preserved, and their packaging is not broken, seals, factory labels, sales receipts are preserved.
7.2. To return, the Buyer must provide:
7.2.1. Copy of passport
7.2.2. Product purchase documents
7.2.3. The actual product
7.2.4. Original factory packaging
7.2.5. Refund letter with account details for the refund and the buyer's TIN
7.3. Exchange and return are not subject to:
7.3.1. goods in disposable packaging, if they have been unpacked;
7.3.2. goods not subject to exchange in accordance with the "Consumer Protection Law"
7.3.3. Returns and exchanges of goods, in which there is a significant defect confirmed by the ASC act, is made in the presence of a complete set according to the manufacturer's instructions, a document confirming the purchase,
These conditions do not limit the consumer's legal rights granted to him by the current legislation of Ukraine.
7.4. You can return the purchased product, as well as make an exchange:
7.4.1. in the main warehouse of the company at the address: Ukraine, Kiev, st. Priorskaya, 21
7.4.2. in one of the branches of New mail or the delivery service that you used to receive the goods.
7.5. RETURN TERMS AND CONDITIONS
7.5.1. If the goods were purchased by bank transfer, the money will be returned to the current account specified in the Buyer's Letter.
7.5.2. When buying with a Visa, Mastercard - LiqPay payment system, the money will be returned to the card account specified in the Buyer's application.
8. Rights and obligations of the parties
8.1. The buyer is obliged:
8.1.1. familiarize yourself with the information about the product posted on the seller's website;
8.1.2. independently place an order on the website;
8.1.3. timely pay and receive the order from the Carrier on the terms of this Agreement;
8.1.4. upon receipt of the goods from the carrier, make sure of its integrity and completeness. In case of incomplete complete set - fix them in an act, which, together with the Buyer, must be signed by the carrier's employee.
8.2. The buyer has the right to require the store to comply with the terms of this Agreement.
8.3. The seller is obliged:
8.3.1. comply with the terms of this Agreement;
8.3.2. transfer the goods to the Buyer in accordance with the selected sample posted on the website, the completed order and the terms of this Agreement;
8.3.3. the store is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties.
8.4. The seller has the right:
8.4.1. Unilaterally terminate the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
9. The order of acceptance of goods by the Buyer
9.1. Upon receipt of the Goods at the carrier's warehouse from the courier or the seller, the buyer is obliged to check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (no mechanical damage) and completeness of its completeness.
9.2. If there is at least one of those listed in clause 9.1. Of the contract of defects, the Buyer is obliged to fix it in a compiled act of any form. The act must be signed by the Buyer and an employee of the carrier or Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to notify the manager (representative of the Seller responsible for placing the order for the goods) about the identified deficiencies and agree to replace the goods.
9.3. The parties agreed that in case of non-observance of the mandatory requirements of the specified procedure, it is recognized that the Buyer receives the Goods in proper condition and in full completeness.
10. Responsibilities of the parties
10.1. 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 legislation of Ukraine.
10.2. In the event of force majeure circumstances, the parties are exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary, inevitable, unpredictable nature, excluding or objectively preventing the implementation of this Agreement, the occurrence of which the Parties could not foresee and prevent reasonable measures.
10.3. A person referring to force majeure circumstances must notify the other party in writing by e-mail about the occurrence of such circumstances within five calendar days.
10.4. If, due to force majeure circumstances, failure to fulfill obligations under this Agreement lasts more than five months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
10.5. The parties will use their best efforts to resolve any disagreements solely through negotiations.
11. Warranty for components and assemblies (motors, hydraulic pumps, motors, gearboxes)
11.1. A 6 month warranty is provided from the date of start-up, subject to installation and start-up by our service department. With the fulfillment of the prerequisites:
11.1.1. Before installing the hydraulic unit, it is imperative to prepare the equipment:
11.1.1.1. Diagnostics of the hydraulic system
11.1.1.2. Flushing the hydraulic system and tank
11.1.1.3. Replacing filter elements
11.1.1.4. Changing grease
11.1.2. Carrying out scheduled maintenance (replacement of lubricants and filter elements) every 500 hours after starting the equipment.
11.1.1.3. Replacing filter elements
11.1.1.4. Changing grease
11.1.2. Carrying out scheduled maintenance (replacement of lubricants and filter elements) every 500 hours after starting the equipment.
11.1.3. To prevent failures of hydraulic units, power systems and engines, the Buyer carries out a mandatory control check of the lubricant every 150 operating hours. Taking lubricant from a hydraulic tank, engine and checking at a certified center with the issuance of a written opinion (after receiving an opinion or an act of completed work on carrying out maintenance, the Buyer provides a copy of the document by e-mail (hidden) within no more than 7 calendar days from the date of their execution).
12. Other conditions
12.1. The Seller reserves the right to unilaterally amend this Agreement with its preliminary publication on the website "aspect-plus.com"
12.2. The store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
12.3. The buyer is responsible for the accuracy of the information specified when placing the order.
12.4. Payment by the Buyer for the order placed in the online store means the Buyer's full agreement with the terms of the Purchase Agreement (public offer of the store) and is the date of the conclusion of the Purchase Agreement between the Seller and the Buyer.
12.5. Payment by the Buyer for the processing and packaging of the order placed in the online store includes the collection of the order at the warehouse of the store for its packaging and labeling in accordance with the requirements of the transport company selected as the carrier and the subsequent transfer of the order to the carrier.
12.6. The use of the Seller's resource to view the goods, as well as to place an order is free of charge by the Buyer.
12.7. Copies of documents, as well as scanned copies of documents received by messengers or by e-mail, have the same legal force with their originals until the original is received.
12.8. The information provided by the Buyer is confidential. The Seller uses the information about the Buyer solely for the operation of the store (sending a message to the Buyer about the fulfillment of the order, sending advertising messages, etc.).
12.9. Acceptance of the Agreement or registration on the site "aspect-plus.com" (filling out the registration form) The Buyer voluntarily agrees to the collection and processing of his own personal data in the registered database of the Seller "Counterparties" with the subsequent purpose: the data that become known to the seller are used for commercial purposes , including for processing orders for the purchase of goods, receiving information about the order, transmission of advertising and special offers by telecommunication means (by e-mail, mobile communication), information about promotions, sweepstakes or any other information about the activities of the store. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send SMS messages, make calls to the number indicated in the questionnaire.
12.10. The Buyer gives the seller the right to process his personal data, including: to place personal data in the Buyer's databases (without additional notification of the Participant about this), to carry out confidential storage of data, to accumulate, update, change (as necessary). The Buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for these purposes, a) also at the obligatory request of a competent state body).
13. Duration of this Agreement
13.1. This agreement comes into force on the day of placing an order or registering on the site aspect-plus.com and is valid until all the terms of the agreement are fulfilled.
[1] partial or complete violation of the appearance of the package, its contamination, wrinkling, the absence of any packaging components or their irreparable damage.
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