Public offer agreement

General provisions

1.1. The present offer is an official offer of V.V. Bondarenko, hereinafter referred to as the “Seller”, to conclude the Agreement of remote purchase and sale of goods, i.e. through the online store, hereinafter referred to as the “Agreement”, and places the Public offer (offer) on the official Seller’s website “https://kilnex.com” (hereinafter – the “Website”).

1.2 The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to enter into an electronic contract for the sale of goods shall be the fact of payment by the Buyer of the order on the terms of this Agreement, at the time and prices indicated on the Seller’s Internet site.

Concepts and definitions

2.1 In this offer, unless the context otherwise requires, the following terms have the following meanings:

* “merchandise” – models, accessories, components and accompanying items;

* “Internet store” – in accordance with the Law of Ukraine “On electronic commerce”, a means for presenting or selling goods, work or services by making an electronic transaction.

* “Seller” – a company that sells goods presented on the Internet site.

* “Buyer” – an individual who has entered into an Agreement with the Seller on the terms and conditions set forth below.

* “Order” – 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 possession of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.

This Agreement governs the purchase and sale of goods in the online store, including:

– Buyer’s voluntary selection of goods in the Online Store;

– the Buyer’s own registration of the order in the online store;

– payment by the Buyer of the order, issued in the online store;

– processing and delivery of the order to the Buyer under the terms of this Agreement.

The procedure of registration of the order

4.1 The Buyer shall have the right to place an order for any product presented on the Site of the Online Shop and available.

4.2 Each item can be presented in the order in any quantity.

4.3 In the absence of the goods in stock, the Manager of the company shall notify the Buyer (by phone or e-mail).

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

The order payment procedure

Cash on delivery

5.1 Payment shall be made upon receipt of the goods at the branch of the transportation company for cash in UAH.

5.2 If the funds are not received, the online store reserves the right to cancel the order.

Order delivery terms

6.1 Delivery of the goods purchased at the online store is carried out to the warehouses of transport companies, where the orders are issued.

6.2 Together with the order, the Buyer shall be provided with the documents in accordance with the legislation of Ukraine.

Rights and obligations of the parties:

7.1 Seller has the right:

– unilaterally suspend the provision of services under this contract in case the Buyer violates the terms of this contract.

7.2 Buyer is obliged:

– timely pay and receive the order under the terms of this contract.

7.3 The Buyer has the right to:

– to place the order in the online store;

– to formalize the electronic contract;

– demand from the Seller to fulfill the terms of this Agreement.

Responsibility of the Parties

8.1. The parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the applicable laws of Ukraine.

8.2 Seller is not responsible for:

– the appearance of the Goods changed by the manufacturer;

– for slight discrepancy of the color gamma of the goods that may differ from the original product solely because of the different color transmission monitors of personal computers of some models;

– for the content and truthfulness of the information provided by the Buyer when placing the order;

– for delays and interruptions in the provision of services (processing of the order and delivery of goods) that occur for reasons beyond his control;

– for illegal actions, performed by the Buyer with the help of the given access to the Internet;

– for the transfer by the Buyer of its network identifiers – IP, MAC-address, username and password to third parties. 8.3;

8.3 The Buyer, using the provided access to the Internet, shall be solely responsible for the damage caused by his actions (personally, even if another person was using his login) to persons or their property, legal entities, the state or moral principles of morality.

8.4 In case of force majeure circumstances, the parties are exempted from the terms of this contract. For the purposes of this contract, force majeure circumstances are events of an extraordinary, unforeseeable nature, which exclude or objectively prevent the execution of this contract, the occurrence of which the Parties could not foresee and prevent by reasonable means.

8.5 The Parties shall use their best efforts to resolve any disagreements exclusively through negotiations.

Other terms and conditions

9.1 The online store reserves the right to unilaterally make changes to this agreement, subject to prior publication on the website, https://kilnex.com.

9.2 The online store has been created to organize the remote method of selling goods via the Internet.

9.3 The Buyer is responsible for the accuracy of the information specified when placing the order. In this case, when carrying out the acceptance (ordering and subsequent payment for goods) the Buyer shall provide to the Seller its unconditional consent to the collection, processing, storage and use of its personal data within the meaning of the Law of Ukraine “On Protection of Personal Data”.

9.4 Payment by the Buyer of the completed order in the online store means the Buyer’s full consent to the terms of the sale-purchase agreement (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 Article 11 of the Law of Ukraine “On electronic commerce

9.6 Using the online store resource for the preview of the goods, as well as to place an order for the Buyer, is free.

9.7 The information provided by the Buyer shall be confidential. The online store uses the information about the Buyer solely for the purposes of processing the order, sending notifications to the Buyer, the delivery of goods, the implementation of settlements, etc.

The order of return of goods of proper quality

10.1 The return of goods to the online store shall be made in accordance with the current legislation of Ukraine.

10.2 The return of goods to the online store shall be made at the Buyer’s expense.

10.3 When the Buyer returns the goods of proper quality, the online store returns the amount of money paid for the goods upon the return of the goods minus a compensation of costs of the online store related to the delivery of goods to the Buyer.

Term of validity of the contract

11.1 The electronic contract shall be considered concluded from the moment of receipt by the person who sent the proposal to conclude such a contract, the answer about the acceptance of this proposal in the manner prescribed by Part 6, Article 11 of the Law of Ukraine “On electronic commerce”.

11.2 This contract may be terminated by mutual consent of the parties prior to the moment of actual delivery of goods, by return of funds

11.3. The parties have the right to terminate this Agreement unilaterally in case of non-fulfillment of the conditions of this Agreement by one of the parties and in the cases stipulated by the current legislation of Ukraine.

Please note that the online store “Kilnex” on the official website https://kilnex.com, has the right, in accordance with the legislation of Ukraine, to grant the right to use the Internet platform to sole proprietors and legal entities for the sale of goods.