Public offer agreement

General provisions

1.1. This offer is an official proposal by the online store “eCotton,” hereinafter referred to as the “Seller,” to conclude a contract for the sale of goods by remote means, i.e., through the online store, hereinafter referred to as the “Contract.” and places a Public Offer (proposal) on the Seller's official website “https://ecotton.kiev.ua/” (hereinafter referred to as the “Website”).

 

1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale of goods, taking into account the fact of payment by the Buyer for the order under the terms of this Contract, within the time limits and at the prices specified on the Seller's website.

 

Terms and definitions

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

- “Goods” - models, accessories, components, and accompanying items;

- “Online store” - in accordance with the Law of Ukraine “On Electronic Commerce”, a means for presenting or selling goods, works or services through electronic commerce.

- “Seller” - a company that sells goods presented on the Website.

- “Buyer” means a natural person who has entered into an agreement with the Seller on the terms set forth below.

- “Order” means 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 the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of the Agreement.

The permanent agreement regulates the sale and purchase of goods in the online store, including:

- voluntary selection 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 under the terms of this Agreement.

 

Order placement procedure

4.1. The Buyer has the right to place an order for any goods presented on the Online Store's Website that are in stock.

4.2. Each item may be included in the order in any quantity.

4.3. If the goods are not in stock, the Company Manager shall notify the Buyer (by phone or email).

4.4. If the product is not available, the Buyer has the right to replace the product with a similar model, refuse the product, or cancel the order.

 

Order payment procedure

Payment upon receipt

5.1. Payment is made upon receipt of the product at the transport company's office in cash in hryvnia.

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

 

Terms of delivery

6.1. Goods purchased in the online store are delivered to the warehouse of the transport companies, where the order is issued.

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

 

 

Rights and obligations of the parties

7.1. The Seller has the right to:

- unilaterally suspend the provision of services under this contract in case of violation by the Buyer of the terms of the current contract.

7.2. The Buyer is obliged to:

- pay for and receive the order in a timely manner under the terms of this contract.

7.3. The Buyer has the right to:

- place an order in the online store;

- execute an electronic contract;

- require the Seller to fulfill the terms of this Contract.

 

Liability of the parties

8.1. The parties shall be liable for non-fulfillment or further fulfillment of the terms of this contract in the manner provided by this contract and the current legislation of Ukraine.

8.2. The Seller shall not be liable for:

- changes in the appearance of the Goods made by the manufacturer;

- minor discrepancies in the color of the Goods, which may differ from the original Goods solely due to different color reproduction on computer monitors;

- the content and accuracy of the information provided by the Buyer when placing the order;

- delays and interruptions in the provision of services (processing of orders and delivery of goods) arising from reasons beyond its control;

- unlawful actions committed by the Buyer through access to the Internet;

- for the transfer of their network identifiers (IP, MAC address, login, and password) to third parties;

8.3. The Buyer, using the Internet access provided to them in advance, is solely responsible for any damage caused by their actions (personally, even if another person is logged in under their username) to individuals or their entities, legal entities, the state, or moral principles.

8.4. In other circumstances, the parties shall be released from the terms of this agreement. Circumstances are understood to mean events of an extraordinary, unforeseen nature that exclude or objectively prevent the performance of this agreement, the occurrence of which the Parties cannot foresee or prevent by reasonable means.

8.5. The parties shall make every effort to resolve any disputes exclusively through negotiations.

 

Other conditions

9.1. The online store reserves the right to unilaterally amend the current agreement subject to prior publication on the website https://ecotton.kiev.ua

9.2. The online store is designed for the remote sale of goods via the Internet.

9.3. The Buyer is responsible for the accuracy of the information provided during registration. At the same time, upon acceptance (registration of applications and subsequent payment for the goods), the Buyer gives the Seller their consent to collect, process, store, and use their personal data in accordance with the Law of Ukraine “On the Protection of Personal Data.”

9.4. Payment by the Buyer for an order placed in the online store means the Buyer's full agreement with the terms of the purchase and sale agreement (public offer).

9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms and conditions in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce.”

9.6. Use of the online store to preview goods and place orders is free of charge for the Buyer.

9.7. The information provided by the Buyer is private. The online store uses information about the Buyer solely for the purposes of processing orders, sending notifications to the Buyer, delivering goods, maintaining communication, etc.

 

Procedure for returning goods of good 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 return of goods to the online store is carried out at the expense of the Buyer.

10.3. When the Buyer returns goods of good quality, the delivery is paid by the Buyer.

 

Term of the agreement

11.1. The electronic agreement is considered concluded from the moment the person receives an offer to conclude such an agreement, as defined in part 6 of Article 11 of the Law of Ukraine “On Electronic Commerce.”

11.2. Before the expiry of this Agreement, it may be terminated by mutual agreement of the parties until the actual delivery of the goods through the return of funds.

11.3. The parties have the right to terminate the current agreement unilaterally in case of failure by one of the parties to fulfill the terms of this Agreement and in cases provided for by the current legislation of Ukraine.

 

Please note that the online store “eCotton” on the official website https://ecotton.kiev.ua 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.