PUBLIC OFFER AGREEMENT

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» № 1023-XII dated May 12, 1991, the Rules of Retail Trade in Non-Food Goods, approved by the order of the Ministry of Economy of Ukraine № 104 dated April 19, 2007.

1. Terms and definitions.

1.1. «Goods» - models, accessories, components and accompanying items offered for sale in the online store, or already purchased by the Buyer from the Seller remotely. 

1.2. «Internet – shop» - the Seller's website, created for the conclusion of retail and wholesale purchase contracts – on the basis of the Buyer's familiarization with the Seller's proposed description of the Goods in photographs, using the Internet, which excludes the possibility of the Buyer's direct familiarization with the Goods – as a remote means of selling the goods.

1.3. «A significant defect of the Product» ‐ a defect that makes it impossible or unacceptable to use the product in accordance with its intended purpose, arose due to the fault of the manufacturer (Seller), after its elimination manifests itself again for reasons beyond the consumer's control and at the same time is endowed with at least one of the following features:

a) it cannot be eliminated at all;

b) its elimination requires more than fourteen calendar days;

c) it makes the goods significantly different from what is provided for in the contract.

2. Subject of the contract.

2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement. The text of the agreement – the offer (hereinafter – the Agreement) is posted at: https://hopertrade.com.ua/publichnij-dogovor/

2.2. The date of 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 considered to be the fact of payment by the Buyer for the order (receipt of funds for the Goods to the Seller's account).

3. Ordering procedure.

3.1. The buyer independently places an order in the online – store through the «basket» form, or by placing an order by e-mail, or by phone number specified in the contact section of the Internet – store.

3.2. The order formation time is up to 2 working days from the date of submission of the application. If the order is sent on a weekend or holiday, the formation period begins on the first working day after the weekend.

3.3. The Buyer receives an invoice for payment with the Seller's details by e-mail or SMS.

4. Order payment procedure.

4.1. The buyer can pay for the order in the following ways:

1) by means of bank transfer of money to the Seller's current account specified in the invoice, including through Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% of the subscription).

2) cash on delivery upon receipt of the order at the representative office of the delivery service of Nova Poshta LLC.

5. Term, cost and terms of delivery of the order.

5.1. Delivery and return of the order is carried out by the Seller or the transport company at the expense of the Buyer, unless otherwise provided by the Agreement or the current legislation. Delivery time cannot exceed 7 days.

5.2. The cost of delivery to the Internet store is not specified, as it depends on the current tariffs of the carrier.

5.3. Delivery of Goods in the city of Kharkiv is carried out to the entrance of the house or to the gate of the Buyer's house. The goods are transferred to the Buyer upon presentation of a document certifying the identity of the receiving Goods.

6. Rights and obligations of the parties.

6.1.The seller is obliged to:

- comply with the terms of this Agreement;

- fulfill the Buyer's order in case of receipt of payment from the Buyer;

- transfer the Goods to the Buyer in accordance with the selected sample in the Internet – store, placed order and terms of this Agreement;

- check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse.

6.2. The seller has the right to:

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

6.3. The Buyer is obliged to:

- timely pay and receive the order under the terms of this Agreement;

- get acquainted with the information about the Product, which is posted on the Seller's website;

- when receiving the goods from the carrier, make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damage and incomplete equipment – record them in the act, which together with the Buyer must be signed by the carrier's employee.

6.4. The Buyer has the right to:

- place an order in the online store;

- require the Seller to comply with the terms of this Agreement.

7. Procedure for receiving and replacing goods of improper or proper quality

7.1. When receiving 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 the completeness of its completeness. 

7.2. In case of at least one of the listed defects, the Buyer is obliged to fix it in the compiled act of any form. The act must be signed by the Buyer and the employee of the carrier or the Seller. If possible, the shortcomings should be fixed by means of photo or video shooting.

During 1 (one) day, the Buyer is obliged to notify the manager (the representative of the Seller responsible for placing the order for the Goods) about the defects found and agree on the replacement of the Goods, filling out a complaint form for the return of the Goods on the website https://hopertrade.com.ua

7.3. The parties have agreed that in case of non-compliance with the mandatory requirements of the specified procedure, it is recognized that the Buyer will receive the Goods in proper condition – without any mechanical damage and in full set.

7.4. In case of receipt of the Goods in proper condition, but if defects related to its operation are detected within the established warranty period, the Buyer has the right to:

7.4.1. proportional price reduction;

7.4.2. free elimination of product defects within a reasonable time;

7.4.3. reimbursement of the costs of eliminating product defects.

7.5. When making demands for free elimination of defects, such work must be performed within 21 (twenty-one) days from the date of presentation of the Goods. The date of presentation of the Goods is the date of its receipt by the Seller. In this case, the delivery of small-sized Goods and Goods weighing less than five kilograms to the Seller and their return to the Buyer are carried out at the expense of the latter.

7.6. In case of detection during the established warranty period of significant defects that arose from the fault of the manufacturer of the goods (Seller), or falsification of the goods, confirmed by the conclusion of the examination, the Buyer, in the manner and within the terms established by law and on the basis of the terms of the Contract-offer binding on the parties, has the right to demand from the Seller at his choice:

7.6.1. termination of the contract and return of the amount of money paid for the Goods;

7.6.2. replacement of goods with the same Product or for a similar one, from among those available from the Seller.

7.7. In this case, if the Seller confirms the significant shortcomings of the Goods and if the Buyer shows the will, the money paid shall be returned to the latter to the details specified by him within 7 (seven) calendar days from the return of the Goods.

7.8. In cases of replacement of poor-quality Goods, payment for the carrier's services is made at the expense of the Seller.

7.9. The Buyer within 14 (fourteen) days from the date of receipt of the Goods of proper quality has the right to exchange for a similar one from the Seller from whom it was purchased, if the Goods did not satisfy it in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The exchange of the Goods of proper quality is carried out if it has not been used and if its presentation, consumer properties, seals, lamps, as well as the settlement document issued to the Buyer together with the sold goods are preserved. In this case, the Buyer pays for the services of the carrier.

7.10. In any case, the Return of the Goods must take place in the original packaging in which the Goods arrived.

8. Responsibility of the parties.

8.1. The Parties are responsible for non-performance or improper performance of the terms of this Agreement…