PUBLIC CONTRACT OF SALE OF GOODS (OFFER)
General provisions
- This Public contract of sale of goods (offer), hereinafter referred to as the "Contract", is an official and public offer of LIMITED LIABILITY COMPANY «AMMOLIT PLUS» (Company registration code (ЄДРПОУ) 44012570), hereinafter referred to as the "Seller", to conclude a contract of sale of the Seller's goods placed on the Seller's website at: https://amm-plus.com
- This Contract is a public contract in accordance with the requirements of Art. 633 of the Civil Code of Ukraine and has the corresponding legal force; its terms are the same for all Buyers of the Seller regardless of their status (legal entity, natural person, sole proprietor) without granting preference to one Buyer over another.
- The publication (placement) of the text of this Contract on the Seller's website constitutes a public offer of the Seller to conclude this Contract with an indefinite number of persons.
- The conclusion of this Contract confirms the Buyer's agreement and acceptance in full of the terms and procedure for placing an order for goods, the terms and procedure for payment, delivery and return of goods, liability and all other rules and conditions set out in the Contract. The Contract is deemed concluded from the moment of acceptance of the public offer to conclude this Contract by the Buyer in the manner specified in Section 9 of this Contract.
- This Contract has been drawn up in accordance with Articles 11, 633, 641, 642, 646, 698-711 of the Civil Code of Ukraine, the Law of Ukraine "On E-Commerce" Art. 12, Art. 13 of the Law of Ukraine "On Consumer Rights Protection".
1. Definitions and terms.
- 1.1. In this Contract, the following terms have the following meaning:
- 1.1.1. Site Visitor – any person who obtains access to the Site and/or uses the Site via the Internet.
- 1.1.2. Order of Goods – actions of the Buyer to place an order for Goods on the Seller's Site or on the Seller's Social Networks.
- 1.1.3. Seller's means of communication – mobile phone and Telegram, Viber and WhatsApp messengers, through which the Seller's representative may communicate with the Buyer.
- 1.1.4. Content – results of the Seller's intellectual activity protected in accordance with the current legislation of Ukraine, placed by the Seller on the Site, including but not limited to: name and description of product items, product characteristics, advertising materials, photographs, information about the Seller, reviews, etc. Content is placed by the Seller on the Site without restriction of access to it, so that all Site Visitors can obtain access to the Content at the time and place of their choice.
- 1.1.5. Privacy policy on the protection and processing of personal data – provisions on the processing and protection of personal data in the personal data databases of Buyers, the owner of which is the Seller, which is an integral part of this Contract and is available at: http://amm-plus.com/privacy-policy
- 1.1.6. Buyer – any capable natural person who has reached 18 years of age, or a sole proprietor, or a legal entity.
- 1.1.7. Seller – LIMITED LIABILITY COMPANY «AMMOLIT PLUS» (Company registration code (ЄДРПОУ) 44012570; location: 28/1 Rustaveli St., Kharkiv, Kharkiv Region, 61001), as the owner and administrator of the Seller's Site, and the Seller's partners (legal entities and sole proprietors) who place information about goods on the Seller's Site. The name of the Seller of the specific Goods chosen by the Buyer is indicated on the invoice and in the documents for the transfer of the Goods to the Buyer.
- 1.1.8. Site – the Seller's website located at https://amm-plus.com, on which the Seller's Goods are presented for familiarisation of Site Visitors and Buyers via the Internet with the description and price of the Goods, payment, delivery and return conditions and other conditions of the Seller offered.
- 1.1.9. Seller's Social Networks – Instagram page at Instagram, https://www.instagram.com/ammtactical/, and Facebook page at Facebook, https://www.facebook.com/profile.php?id=100093461242798, on which the Seller's Goods are presented for the Buyer's familiarisation via the Internet with the description and price of the Goods, payment, delivery and return conditions and other conditions of the Seller offered.
- 1.1.10. Goods – goods, information about which is placed on the Site.
2. Subject of the Contract.
- 2.1. Under this Contract, the Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms specified in this Contract.
- 2.2. The name, assortment and price of the Goods are determined by the Seller independently and are indicated on the Site and/or on the Seller's Social Networks.
- 2.3. The quality of the Goods must comply with state standards that set requirements for their quality. The Seller guarantees the conformity of the Goods to the specified standards.
- 2.4. The Seller guarantees that the Goods belong to it by right of ownership, are not under a ban on alienation, arrest, are not subject to pledge or other types of security for obligations to any natural or legal persons, state bodies, and are not subject to any other obligation or restriction provided by the current legislation of Ukraine.
3. Procedure for ordering Goods.
- 3.1. The Buyer independently places an Order for Goods on the Seller's Site or on the Seller's Social Networks or by contacting the Seller's means of communication.
- 3.2. After placing an Order for Goods, the Seller's representative contacts the Buyer to confirm the Order for Goods.
4. Price and procedure for payment for Goods.
- 4.1. The price of the Goods is indicated by the Seller on the Site and/or on the Seller's Social Networks in hryvnias.
- 4.2. The price of the Goods may be changed by the Seller unilaterally depending on market conditions. The price of an individual unit of Goods, the cost of which has been paid in full by the Buyer, may not be changed by the Seller unilaterally.
- 4.3. Payment for Goods shipped within the territory of Ukraine is made by the Buyer to the Seller in one of the following ways:
- 4.3.1. by transfer of 100% advance payment for the Goods on the basis of the invoice issued by the Seller;
- 4.3.2. payment for the Goods is made upon receipt of the Goods from the carrier LLC "Nova Poshta".
- 4.4. Payment for Goods shipped outside the territory of Ukraine is made by the Buyer to the Seller by transfer of 100% advance payment for the Goods on the basis of the invoice issued by the Seller.
5. Procedure and conditions for delivery (supply) of Goods.
- 5.1. The transfer (supply) of Goods by the Seller to the Buyer is carried out by sending the Goods at the Buyer's expense by the carrier LLC "Nova Poshta".
- 5.2. The Seller undertakes to transfer (ship) the Goods to the carrier LLC "Nova Poshta" within 5 (five) business days from the date of receipt of payment for the Goods from the Buyer, in the manner specified in clause 4.3 or 4.4 of this Contract, except for cases of necessity to ship Goods manufactured on the basis of the Buyer's individual order. In this case, the terms of manufacture and shipment of the Goods are agreed additionally by the Buyer and the Seller through the Seller's means of communication. The Seller does not carry out transfer (shipment) of Goods on weekends and holidays.
- 5.3. Ownership of the Goods and the risk of accidental destruction, damage or loss of the Goods pass from the Seller to the Buyer from the moment of transfer of the Goods by the Seller to the carrier LLC "Nova Poshta".
- 5.4. Acceptance of the Goods by quantity and quality is carried out by the Buyer in accordance with the requirements of the current legislation of Ukraine upon receipt of the Goods from the carrier LLC "Nova Poshta". In case of detection of a discrepancy between the quantity of the shipped Goods and the ordered quantity, the Seller is obliged to ship the undelivered Goods within 3 (three) business days from the date of receipt of a written request from the Buyer, sent by the Buyer to the Seller via the Seller's means of communication.
- 5.5. The date of transfer of the Goods is the date indicated in the carrier's waybill on acceptance of the Goods for shipment.
- 5.6. Together with the Goods, the Seller provides the Buyer with a sales receipt for the Goods. By agreement with the Buyer, the sales receipt may be provided to the Buyer in electronic form in accordance with the current legislation of Ukraine.
6. Procedure and conditions for return of Goods.
- 6.1. When ordering Goods with delivery within the territory of Ukraine, the Buyer has the right to return Goods of proper quality to the Seller if the Goods did not satisfy him/her in terms of form, colour, size or for other reasons cannot be used by him/her for their intended purpose. Return of Goods of proper quality by the Buyer may be made within 14 (fourteen) calendar days from the date of delivery of the Goods to the Buyer. Return of Goods of proper quality is carried out if they have not been used and if their commercial appearance, consumer properties, as well as the payment document provided to the Buyer together with the Goods have been preserved. The list of goods not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
- 6.2. When returning Goods of proper quality in the manner and subject to the Buyer's compliance with the requirements specified in clause 6.1 of this Contract and the current legislation of Ukraine, the return to the Buyer of the cost of the Goods paid in the manner specified by this Contract is made within 14 (fourteen) calendar days from the date of receipt of such Goods by the Seller, by bank transfer. The return (shipment to the Seller) of the Goods is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.
7. Liability of the Parties and procedure for dispute resolution.
- 7.1. For non-performance or improper performance of obligations under this Contract, the Parties shall be liable in accordance with the current legislation of Ukraine. The Party at fault shall compensate the other Party for the damage caused.
- 7.2. All disputes arising from this Contract or related to it shall be resolved through negotiations between the Parties.
- 7.3. If the relevant dispute cannot be resolved through negotiations between the Parties, it shall be resolved in court in accordance with the established jurisdiction of such dispute under the current legislation of Ukraine.
- 7.4. The Seller does not accept or satisfy claims regarding the performance of obligations for which it, in accordance with the terms of this Contract and the current legislation of Ukraine, is not liable, including claims regarding the quantity and quality of the Goods after acceptance of the Goods by the Buyer and for delay in delivery of the Goods by the carrier.
- 7.5. The Seller under this Contract is liable for the quality of the Goods and its timely shipment.
- 7.6. In case of non-transfer by the Buyer to the Seller of the advance payment for the Goods in the manner specified in clause 4.3.1 and 4.4 of this Contract, the Seller is released from the obligation to ship the Goods to the Buyer with the release of the Seller from liability therefor. The Parties have agreed that such measures on the part of the Seller do not require additional written notices to the Buyer by the Seller.
- 7.7. The conditions specified on the Site and on the Seller's Social Networks are preliminary conditions for the purchase of the Goods. The conditions for the purchase of the Goods may be changed by the Seller after acceptance of the Order for Goods for execution. The specific conditions for the sale of the Goods by the Seller may be determined and changed by the Seller until the transfer of the Goods to the Buyer.
- 7.8. The Seller's liability for changes in the conditions for the purchase of the Goods compared to those specified on the Site is limited to the fact that the Buyer has the right to refuse to purchase the Goods and demand from the Seller the return of the funds paid for it, if they were actually paid by the Buyer before the shipment of the Goods by the Seller.
8. Force majeure circumstances.
- 8.1. The Parties shall be released from liability for non-performance or improper performance of the terms of this Contract in the event of force majeure circumstances.
- 8.2. Force majeure circumstances are extraordinary and irreversible circumstances that objectively make it impossible to perform the obligations provided for by the terms of this Contract, in accordance with legislative and other regulatory acts, namely: threat of war, armed conflict or serious threat of such conflict, including but not limited to enemy attacks, blockades, military embargo, actions of a foreign enemy, general military mobilisation, military operations, declared and undeclared war, actions of a public enemy, unrest, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, coup, uprising, mass riots, introduction of curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, unlawful actions of third parties, fire, explosion, prolonged interruptions in transport operations, regulated by the conditions of the relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc., as well as those caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, gale, flood, snow accumulation, ice, hail, frost, freezing of sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and soil shift, other natural disasters, etc.
- 8.3. If any of the above circumstances directly affect the performance of obligations during the term of this Contract, the term for performance of obligations shall be extended accordingly for the duration of the force majeure circumstances or elimination of their consequences, or for another term by written agreement of the Parties.
9. Procedure for conclusion and term of the Contract.
- 9.1. This Contract is concluded in the form of a public offer in the manner specified in Article 633 of the Civil Code of Ukraine. This Contract is an official document of the Seller, has legal force and is published on the official Site of the Seller. The absence of a copy of the Contract signed by the Parties on paper with the signatures of the Parties, in the case of actual payment by the Buyer for the Goods under it, is not a ground for considering this Contract as not concluded.
- 9.2. The conclusion of this Contract is carried out by the Buyer's accession to this Contract, i.e. by the Buyer's acceptance of the terms of this Contract in full, without any additional conditions, exclusions or reservations.
- 9.3. The fact confirming the conclusion (acceptance) of this Contract by the Buyer is the performance by the Buyer of any or all of the following actions:
- 9.3.1. placing by the Buyer of an order for Goods on the Seller's Site and/or on the Seller's Social Networks and/or via the Seller's means of communication;
- 9.3.2. placing by the Buyer of an order for Goods on the Seller's Site and/or on the Seller's Social Networks and/or via the Seller's means of communication and making payment/advance payment for the Goods by the Buyer;
- 9.3.3. making payment/advance payment for the Goods and acceptance of the Goods by the Buyer;
- 9.3.4. making payment/advance payment for the Goods.
- 9.4. The performance of any or all of the actions specified in clause 9.3 of this Contract is deemed to be full and unconditional acceptance of the terms of the Contract in accordance with Article 642 of the Civil Code of Ukraine.
- 9.4. This Contract shall enter into force from the date of acceptance of this Contract by the Buyer and shall remain in effect until its actual performance by the Parties.
- 9.5. The Seller has the right to unilaterally terminate this Contract if the Buyer has not paid for the Goods in the manner and on the terms specified by this Contract.
- 9.6. By accepting this Contract, the Buyer consents to receive informational messages from the Seller via short message services (SMS), messengers and/or the Buyer's e-mail.
10. Personal data of the Buyer and intellectual property of the Seller.
- 10.1. By accepting this Contract, the Buyer consents to the processing of his/her personal data by the Seller for the purpose of fulfilling the terms of this Contract and gives the consent of the personal data subject provided for by the Privacy policy on the protection and processing of personal data, available at: http://amm-plus.com/privacy-policy
- 10.2. The collection and processing of the Buyer's personal data in connection with the use of the Site, Social Networks and the Seller's means of communication is carried out in accordance with the Privacy policy on the protection and processing of personal data and the Law of Ukraine "On Personal Data Protection".
- 10.3. The Content is the intellectual property of the Seller, which is protected by the current legislation of Ukraine, as well as the relevant international legal treaties and conventions.
- 10.4. The Buyer and other Site Visitors have no right to use the Content placed on the Site or on the Seller's Social Networks, in particular: to make changes, copy, publish, transfer to third parties, etc.
- 10.5. Any use of the Seller's Content without the Seller's permission is unlawful and may be grounds for the Seller to apply to the court and/or to bring the offenders to civil, administrative and criminal liability in accordance with the current legislation of Ukraine.
11. Other terms.
- 11.1. Neither Party has the right to transfer its rights and obligations under this Contract to a third party without the written consent of the other Party.
- 11.2. This Contract is drawn up with the full understanding by the Parties of its terms and terminology in the Ukrainian language.
- 11.3. In cases not provided for by this Contract, the Parties shall be governed by the norms of the current legislation of Ukraine.
- 11.4. The Seller has the right to make changes to this Contract unilaterally by placing a new version of the Contract on the Seller's Site.
12. Seller's details.
- LLC «AMMOLIT PLUS»
- Location: 28/1 Rustaveli St., Kharkiv, Kharkiv Region, 61001
- Company registration code (ЄДРПОУ) 44012570
- Mobile: 067 545 66 06
- E-mail: [email protected]