Public offer
The official and legally binding text of this Agreement is the version written in Ukrainian. Translations of the Agreement into other languages are provided solely for the User's convenience. In the case of any contradictions or discrepancies in interpretation, the Ukrainian version shall prevail and govern
PUBLIC
OFFER
on
concluding a contract for the purchase and sale of goods remotely
(accession
agreement)
Effective
date: March 24, 2026
1.
Terms and definitions
1.1. In this Offer, the terms given below are used in
the following meaning, unless otherwise directly follows from the content of
the relevant provision or the nature of the legal relationship between the
parties.
1.2. Site – a website at https://spc.com.ua/ ,
including its main page, all existing and future web pages , sections,
subdivisions, functional elements, subdomains, related services and other URL
addresses used by the Seller to post information about goods, accept orders,
communicate with Buyers and conclude electronic contracts.
1.3. Online store – a functional part of the Site that
allows the Buyer to familiarize themselves with information about the goods,
select the goods, place an order, specify the necessary data, choose the
payment and delivery method, and perform other actions necessary for the
conclusion and execution of the contract of purchase and sale of goods
remotely.
1.4. Seller – Limited Liability Company
"PNEUMOPRIVOD", legal entity identification code 39410626, which on
its own behalf places offers for the sale of goods on the Site, accepts and
processes orders, concludes electronic purchase and sale contracts, organizes
the execution of such contracts and performs other actions related to the sale
of goods through the Site.
1.5. Buyer – a legally capable individual who has
reached the age of 18, a legal entity or an individual entrepreneur who has
read the terms of this Offer, places or intends to place an order for goods on
the Site and concludes or intends to conclude a contract for the purchase and
sale of goods with the Seller remotely.
1.6. Consumer – an individual who purchases, orders,
uses or intends to purchase or order goods for personal needs not directly
related to entrepreneurial activity or performance of duties of an employee,
within the meaning of the legislation of Ukraine on consumer protection.
1.7. Goods – products, spare parts, components,
equipment, assemblies, parts, accessories, accompanying materials and other
material objects, information about which is posted on the Site and which are
offered for sale by the Seller under the terms of this Offer.
1.8. Goods with individually defined properties –
goods that are manufactured, completed, modified, changed, selected or supplied
according to individual technical parameters, drawings, dimensions,
specification, modification, equipment or other characteristics agreed with the
Buyer, as a result of which such goods can be used exclusively or predominantly
by this Buyer.
1.9. Made-to-order goods – goods that are not in the
Seller's standard inventory at the time of placing the order, are manufactured,
supplied, assembled or reserved for a specific order of the Buyer, including
goods with individually defined properties.
1.10. Custom-made cylinders are a separate category of
goods that are manufactured or supplied according to individual parameters
agreed with the Buyer and are considered goods with individually defined
properties, unless otherwise directly follows from the characteristics of a
specific good or the content of a specific order.
1.11. Order – a properly formed and transmitted to the
Seller the Buyer's intention to purchase a specific product under the terms of
this Offer by using the functionality of the Site, telephone, e-mail, messenger
or other communication channel agreed upon by the Seller, which contains data
about the product, the Buyer, payment method, delivery method and other
necessary information essential for the execution of the order.
1.12. Order confirmation – a message from the Seller
provided to the Buyer in any form that allows the identification of a specific
order and indicates the acceptance by the Seller of the relevant order for
execution in full or in the agreed part.
1.13 . Acceptance – the Buyer's performance of actions
defined by this Offer as unconditional and full acceptance of the Seller's
offer to conclude a contract of sale of goods on the terms of this Offer.
1.14. Personal account – a personalized functional
section of the Site, access to which may be provided to the Buyer after
registration, authorization or other actions provided for by the Site, and
which allows the Buyer to view information about their orders, change
individual data, use additional functionality of the Site and receive related
services.
1.15. Delivery Service (Carrier) – a postal operator,
courier service, freight forwarder, transport company or other third party
engaged to deliver, deliver, return or forward the goods to the Buyer or from
the Buyer to the Seller.
1.16. Payment – transfer of funds by the Buyer for the
goods and, where applicable, for related services, delivery, additional
equipment or other agreed payments, by one of the methods available on the Site
or separately agreed upon by the parties.
1.17. Prepayment – payment made by the Buyer in full
or in part before the transfer of the goods to the Buyer, the shipment of the
goods by the Seller, or the transfer of the goods to the delivery service.
1.18. Cash on delivery – a payment method by which the
Buyer pays the cost of the goods upon receipt from the carrier or through
another cash on delivery service, if such a payment method is available for the
relevant goods and is directly agreed upon by the Seller.
1.19. Business day – a calendar day that, in
accordance with the legislation of Ukraine, is not a weekend, holiday or
non-working day, unless otherwise expressly stated on the Site, in the Seller's
message or follows from the operating hours of a specific unit, warehouse,
delivery service or other involved entity.
1.20. Rules for the exchange and return of goods - a
separate electronic document of the Site that defines the conditions,
procedure, terms and features of the exchange, return of goods and refund, is
an integral part of this Offer and is subject to application to the relevant
legal relations of the parties.
1.21. Privacy Policy - a separate electronic document
of the Site that defines the procedure for processing personal data of Users
and Buyers, is an integral part of this Offer and applies to the part related
to the use of the Site, placing orders and fulfilling this Agreement.
1.22. All other terms not separately defined in this
Offer shall be interpreted in accordance with their content, the current
legislation of Ukraine, business customs, and also taking into account the
nature of the legal relationship arising between the Seller and the Buyer.
2. Subject of the contract, procedure for its
conclusion and general conditions of sale of goods
2.1. Under this Agreement, the Seller undertakes,
under the terms and conditions specified in this Offer, to transfer the
ownership of the Goods selected by the Buyer to the Buyer, and the Buyer
undertakes to accept and pay for such Goods in the manner, on the terms and
within the time limits specified in this Offer, information on the Site,
confirmed by the Order, invoice, delivery note, shipping documents or other
documents of the Seller relating to a specific Order.
2.2. This Offer is an official proposal of the Seller
to conclude contracts for the purchase and sale of Goods remotely via the Site,
contains the essential terms of such a contract and determines the procedure
for the Buyer's accession to them in full, without the possibility of the Buyer
proposing its own terms, unless otherwise expressly agreed by the parties in
writing.
2.3. This Agreement regulates the legal relations
between the Seller and the Buyer arising in connection with the distance sale
of Goods through the Site, including regarding familiarization with information
about the Goods, selection of Goods, submission of an Order, clarification of
its terms, confirmation or non-confirmation of the Order, payment, delivery,
transfer, acceptance, warranty support, return, exchange of Goods and
settlement of other related issues.
2.4. Integral parts of this Agreement are the Rules
for Exchange and Return of Goods, the Privacy Policy, as well as other
electronic documents of the Site, to which this Offer contains direct links and
access to which is provided to the Buyer before placing the Order. The terms of
such documents are considered to be included in this Agreement by reference and
are binding on the parties in the relevant part.
2.5. Submission of an Order by the Buyer by any of the
methods provided for in this Offer means that the Buyer, prior to the moment of
taking the relevant action, has familiarized himself with the terms of this
Offer, the Rules for the Exchange and Return of Goods, and the Privacy Policy,
understands their content, agrees with them in full and undertakes to comply
with them.
2.6. The sale of Goods under this Agreement is carried
out through the Site, as well as, if permitted by the Seller, by accepting and
processing Orders via e-mail, telephone, messengers or other communication
channels used by the Seller in the course of business. In such a case, the
terms of this Offer shall also apply to the relevant Order, unless otherwise
expressly agreed by the parties in writing.
2.7. Information about the Product posted on the Site,
including the name, article number, model, technical specifications,
description, images, drawings, diagrams, catalog data, information about the
package, scope of application, estimated delivery times, as well as other
information, is for informational purposes only and is intended for the Buyer's
general familiarization with the relevant Product.
2.8. Placing the Product on the Site, indicating its
price, description, technical characteristics, images, photographs, drawings,
diagrams, examples of use, delivery terms or other information does not mean
the Seller's unconditional obligation to accept each specific Order for
execution without its verification, clarification and confirmation.
2.9. Minor deviations in the actual appearance of the
Goods, its shade, labeling, packaging, individual structural elements or
secondary technical characteristics from the images or descriptions posted on
the Site are not in themselves considered a violation of the Agreement, if such
deviations do not affect the identification of the Goods, its functional
purpose, main consumer properties or essential characteristics agreed upon by
the parties.
2.10. The name of the Product, its quantity, model,
article number, technical parameters, completeness, delivery method, estimated
time of execution of the Order, payment method, as well as other essential
conditions of a specific sale are determined in accordance with the information
posted on the Site and are specified in a specific Order, Order confirmation,
invoice, correspondence between the parties, specification, invoice or other
document of the Seller that allows to reliably establish the content of the
agreed Order.
2.11. If the content of a specific invoice, Order
confirmation, specification, technical approval, correspondence between the
parties or other individual document of the Seller differs from the general
information posted on the Site, in the relations of the parties regarding the
relevant Order, the conditions expressly agreed by the parties regarding such
Order shall take precedence, provided that they do not contradict the mandatory
norms of the legislation of Ukraine.
2.12. The sale of Goods under this Agreement is
carried out taking into account the actual availability of the Goods, the
possibility of their delivery, the possibility of their manufacture,
completion, modification or reservation, the technical possibility of
fulfilling a specific Order, the correctness of the data provided by the Buyer,
as well as taking into account the nature of the Goods themselves as warehouse
Goods, made-to-order Goods or Goods with individually defined properties.
2.13. If the Goods are manufactured, completed,
modified, changed, selected or supplied according to individual technical
parameters, drawings, dimensions, specification, modification, method of
fastening, complete set or other characteristics agreed with the Buyer, such
Goods are considered Goods with individually defined properties.
2.14. Cylinders manufactured to the Buyer's order, if
they are manufactured or supplied according to individually agreed dimensions,
technical characteristics, rod stroke, connection type, fastening, design or
other individual parameters, are Goods with individually defined properties.
2.15. Before placing an Order for Goods with
individually defined properties, the Buyer shall carefully check the agreed
technical characteristics, dimensions, drawings, specifications, article,
equipment and other essential parameters of such Goods. After confirmation of
the relevant parameters by the Buyer, the Seller shall have the right to assume
that such parameters are finally agreed upon, unless otherwise expressly agreed
upon in writing by the parties.
2.16. An Order is considered placed by the Buyer from
the moment of filling out and sending the appropriate form on the Site,
clicking the button confirming the Order, or transferring information about the
Order by the Buyer to another person approved by the Seller in a manner
sufficient to identify the Buyer, the Goods and the intention to purchase them.
2.17. Submission of an Order by the Buyer does not in
itself mean unconditional acceptance of such Order by the Seller for execution,
does not guarantee the availability of the Goods, the final possibility of
delivery, manufacture or reservation of the Goods, and does not deprive the
Seller of the right to clarify, change or refuse to confirm the relevant Order
in cases provided for by this Offer or the legislation of Ukraine.
2.18. After receiving the Order, the Seller has the
right to contact the Buyer to clarify the data necessary for the proper
execution of the Order, in particular regarding the name and characteristics of
the Goods, quantity, configuration, delivery terms, payment method, delivery
method, Buyer's details, recipient's data, as well as other conditions that are
important for the execution of the Agreement.
2.19. The Seller has the right not to confirm or
cancel the Order until its execution in cases where: the Goods are not
available; there is no actual possibility of delivery or manufacture of the
Goods; the Goods have been withdrawn from production or supply; the data
provided by the Buyer are incomplete, unreliable or raise reasonable doubts;
the execution of the Order is technically impossible; an obvious technical or
pricing error was detected when placing the Order; the Order shows signs of
unfair behavior, abuse of rights or creates a disproportionate risk for the
Seller; as well as in other cases where the execution of the Order is
objectively impossible or significantly complicated.
2.20. In the cases specified in clause 2.19 of this
Agreement, the Seller shall notify the Buyer of the non-confirmation , change
or cancellation of the Order using the contact details provided by the Buyer.
If the Buyer has already paid for such an Order, their refund shall be made in
accordance with the procedure provided for in this Offer and the current
legislation of Ukraine.
2.21. An agreement for a specific Order is considered
concluded from the moment the Seller sends the Buyer confirmation of the
relevant Order, invoice for payment, notification of acceptance of the Order
for execution or from the moment the Seller takes other actions that clearly
indicate acceptance of a specific Order for execution, unless otherwise
expressly established by this Offer or follows from the method of payment or
method of execution of the Order chosen by the parties.
2.22. If the Buyer has chosen a payment method that
involves prepayment, and the Seller has issued an invoice or otherwise
confirmed the possibility of fulfilling the Order, the Buyer's payment of such
invoice or making another agreed prepayment additionally confirms the Buyer's
adherence to the terms of this Offer and his consent to the fulfillment of the
Order on the agreed terms.
2.23. If, after the Buyer has submitted the Order, the
Seller has actually transferred the Goods to the carrier, issued the Goods to
the Buyer, accepted payment for the confirmed Order, or performed other actions
that objectively indicate the start of execution of a specific Order, such
Order is considered accepted by the Seller for execution under the terms of
this Offer and the specified terms of the relevant Order.
2.24. This Agreement does not regulate relations
regarding the performance of work, provision of services or other transactions
that are not directly covered by the subject of the purchase and sale of Goods,
unless otherwise expressly determined by the Seller for a separate product, a
separate category or a separate section of the Site.
2.25. The Seller is not a payer of value added tax,
unless otherwise expressly stated on the Site, in the invoice, commercial offer
or other document of the Seller at the time of placing a specific Order.
2.26. All provisions of this section are subject to
systematic interpretation, taking into account the fact that this Agreement is
concluded remotely, in a standard form, on the terms of accession, and its
individual terms may be specified for a specific Order within the limits that
do not contradict this Offer and the mandatory norms of the legislation of
Ukraine.
3.
Procedure for registration, clarification and processing of an order
3.1. The Buyer has the right to place an order for the
Goods, information about which is posted on the Site, by using the
functionality of the Site, as well as, if permitted by the Seller, by
contacting the contact details specified on the Site, via e-mail, telephone,
messengers or other communication channels actually used by the Seller to
accept orders.
3.2. Placing an order through the Site is carried out
by the Buyer independently by selecting the appropriate Product, adding it to
the cart, filling in the necessary fields of the order form, specifying the
payment method, delivery method, recipient details, if different from the
Buyer, and performing other actions provided for by the functionality of the
Site.
3.3. When placing an order, the Buyer is obliged to
provide complete, accurate and up-to-date information necessary for the Seller
to properly accept, process and fulfill the order, in particular, but not
exclusively:
3.3.1. surname, first name, and if necessary,
patronymic of the Buyer or recipient;
3.3.2. contact telephone number;
3.3.3. email address, if its provision is required by
the functionality of the Site or the nature of the order;
3.3.4. delivery address or data necessary for delivery
of the Goods to the selected branch, delivery point or other place of receipt;
3.3.5. name of the legal entity or individual
entrepreneur, EDRPOU code or registration number of the taxpayer's registration
card, as well as other details if the order is placed on behalf of a business
entity;
3.3.6. other data directly requested by the Seller or
the functionality of the Site, if they are objectively necessary for the proper
execution of a specific order.
3.4. If the order concerns a made-to-order Product, a
Product with individually defined properties or a Product whose characteristics
require additional approval, the Buyer is obliged to provide the Seller with
all technical parameters, drawings, dimensions, specifications, samples,
diagrams, markings, requirements for assembly or other information without
which the manufacture, selection, assembly or delivery of the relevant Product
is impossible or risky.
3.5. The Seller has the right to contact the Buyer
before confirming the order to clarify any information that is important for
its proper execution. Until the necessary clarification is received, the Seller
has the right to suspend the processing of the order, not to confirm it, not to
reserve the Goods and not to start its shipment, assembly or production.
3.6. In the event that the Buyer fails to provide the
necessary information, provides incomplete, inaccurate, contradictory or
unreliable information, as well as in the event that it is impossible to
contact the Buyer to clarify the essential terms of the order, the Seller has
the right to leave such order without confirmation, refuse to fulfill it,
cancel it in whole or in part, and if possible, offer the Buyer to place a new,
clarified order.
3.7. If the order is placed not through the automated
functionality of the Site, but with the help of a manager, by phone, e-mail,
messenger or other agreed method, the Buyer is considered to have joined the
terms of this Offer from the moment he confirmed his intention to place an
order after receiving access to the text of this Offer or after the Seller
provided him with the opportunity to familiarize himself with it by sending a
link to the Site or in another appropriate way.
3.8. The Buyer is fully responsible for the accuracy,
completeness and relevance of all data specified by him when placing an order,
as well as for the consequences caused by providing inaccurate, erroneous or
outdated information, including, but not limited to, delay in processing the
order, inability to fulfill it, errors in shipment, delivery, transfer of
documents or refund.
3.9. The Seller has the right to establish minimum or
additional requirements for the execution of certain categories of orders, in
particular for custom-made Goods, large-sized Goods, technically complex Goods,
Goods with individually defined properties, wholesale lots, non-standard
configuration or delivery according to certain technical parameters.
Information about such requirements may be provided on the Site, in
correspondence, in an invoice, specification or in another way that allows its
content to be reliably established.
3.10. After submitting an order, the Buyer has the
right to contact the Seller with a request to clarify, change or cancel it,
however, such clarification, change or cancellation is possible only until the
start of the actual execution of the order by the Seller, unless otherwise
expressly agreed by the parties. After the start of the picking, reservation,
manufacturing, shipment or transfer of the Goods to the carrier, the order is
changed or canceled only with the consent of the Seller and taking into account
the nature of the relevant Goods.
3.11. An order for a Product with individually defined
properties, including custom-made cylinders, is considered to be finally
approved after the Buyer confirms the technical parameters of such Product in a
manner that allows the content of the relevant approval to be recorded,
including correspondence, invoice, specification, drawing, diagram, commercial
offer, e-mail message, messenger message or other document or electronic
message.
3.12. If, after placing an order, the Seller discovers
that one or more Goods require additional technical approval, specification of
parameters, change of configuration, adjustment of delivery time or other
agreement of essential conditions, the execution of the relevant part of the
order may be made dependent on the Buyer providing such approval. In the event
of its failure to provide it, the Seller has the right to execute the agreed
part of the order or to refuse to execute the unagreed part of the order.
3.13. All notifications, requests, clarifications,
approvals and other actions of the parties related to the registration,
clarification or processing of the order may be carried out using the contact
details specified by the Buyer, namely the phone number, e-mail address,
messenger, as well as other means of communication used by the Buyer when
interacting with the Seller or directly specified in the order. A message sent
using such data is considered to have been properly sent to the Buyer, unless
otherwise proven by him.
4.
Product price and payment procedure
4.1. The price of each Product is determined by the
Seller independently and is indicated on the Site in the national currency of
Ukraine - hryvnia.
4.2. The Seller is not a payer of value added tax,
unless otherwise expressly stated on the Site, in the invoice, commercial offer
or other document of the Seller relating to a specific Order.
4.3. The price of the Goods posted on the Site, unless
otherwise expressly stated separately, does not include the cost of delivery,
the cost of additional carrier services, commissions of payment systems, banks,
cash on delivery services, as well as other payments that may arise in
connection with the payment or delivery method chosen by the Buyer.
4.4. The total cost of a specific Order is determined
based on the price of the selected Product, its quantity, agreed configuration,
payment method, delivery method, as well as other payments payable by the Buyer
in connection with the execution of the relevant Order.
4.5. The Seller has the right to change the prices of
the Goods at any time, unless otherwise follows from the Order already
confirmed by the Seller. Changing the price of the Goods after confirming a
specific Order is not allowed, except in cases where such a change directly
follows from an adjustment agreed by the parties to the quantity,
configuration, technical parameters, delivery method or other essential
conditions of the relevant Order.
4.6. Payment for the Goods is made by methods
available on the Site or separately agreed upon by the Seller for a specific
Order, in particular by prepayment, partial prepayment, non-cash transfer of
funds to the Seller's account, payment through payment services, as well as
cash on delivery, if such a payment method is directly allowed by the Seller
for the relevant Goods.
4.7. Unless otherwise agreed by the Seller separately,
the Buyer's obligation to pay for the Goods is deemed to be fulfilled from the
moment the relevant amount of funds is credited to the Seller's account, the
Seller receives confirmation of successful payment through the payment service,
or the Seller actually receives funds in another agreed manner.
4.8. If the Buyer chooses a payment method that
involves advance payment, the Seller has the right to set a deadline for making
such payment. If payment is not received within the deadline specified by the
Seller, the Seller has the right to cancel the relevant Order, change the term
of the Goods reservation or offer the Buyer to place a new Order on the current
terms.
4.9. In the event of placing an Order for a
Custom-Made Product, a Product with individually defined properties, including
custom-made cylinders, the Seller has the right to demand full or partial
advance payment as a condition for accepting such an Order for execution. The
amount, procedure and term of such payment may be specified in the invoice,
commercial offer, specification, correspondence between the parties or other
document of the Seller regarding a specific Order.
4.10. All costs associated with making a payment,
including bank fees, payment system fees, cash on delivery fees, funds transfer
fees, or other related costs, are borne by the Buyer, unless otherwise
expressly stated on the Site or separately agreed by the Seller.
4.11. The Seller has the right to issue or send to the
Buyer invoices, expense invoices, electronic settlement documents, fiscal
checks, payment notifications, acts, specifications or other documents in paper
and/or electronic form depending on the nature of the Order, the Buyer's
status, the method of payment, the requirements of the legislation of Ukraine
and the Seller's technical capabilities.
4.12. If after placing an Order it becomes clear that
due to a technical error, software failure, incorrect data import, obvious
typo, arithmetic error or other obvious inaccuracy, an incorrect price of the
Goods was displayed on the Site, the Seller has the right not to confirm such
Order or to offer the Buyer to conclude a contract on the correct terms. In
such a case, the Buyer has the right to agree to the corrected terms or to
refuse the Order without any sanctions being applied to it.
5.
Terms of delivery, delivery and transfer of goods
5.1. Delivery of the Goods under this Agreement is
carried out by self-collection by the Buyer, delivery of the Goods to the
address specified by the Buyer, delivery to the branch, delivery point,
carrier's mailbox or by another method directly proposed by the Seller on the
Site or separately agreed upon by the parties regarding a specific Order.
5.2. The delivery method, recipient of the Goods,
place of transfer of the Goods, as well as other delivery conditions are
determined by the Buyer when placing the Order and are considered final after
the Seller accepts the relevant Order for execution, unless otherwise agreed
upon by the parties.
5.3. The delivery time of the Goods is determined
taking into account the availability of the Goods, the nature of the specific
Order, the need for additional approval of technical parameters, the method of
delivery, the place of delivery, the working hours of the Seller, the carrier,
as well as other circumstances that objectively affect the execution of the
Order. The delivery times indicated on the Site or notified to the Buyer,
unless otherwise expressly agreed by the parties, are approximate.
5.4. If, after accepting the Order for execution, it
becomes clear that the delivery of the Goods within the agreed approximate time
is impossible, the Seller has the right to offer the Buyer a new delivery date,
partial execution of the Order, replacement of a separate item in agreement
with the Buyer, or cancellation of the relevant part of the Order with a refund
of the unfulfilled obligation.
5.5. Together with the Goods, the Buyer shall be
provided with documents that are subject to provision in accordance with the
legislation of Ukraine and the nature of the specific Goods, in particular, an
invoice, a settlement document, technical documentation, a warranty card,
instructions, a passport or other accompanying documents, if their provision is
mandatory or provided for the relevant Goods.
5.6. The Buyer or other recipient specified in the
Order is obliged to check the name, quantity, completeness, external condition
of the packaging, the presence of obvious mechanical damage, and, as far as
possible without violating the integrity of the factory packaging, the
conformity of the Goods to the Order. In the event of detection of obvious
damage, discrepancy in quantity, completeness or other defects that may be
established at the time of acceptance, the Buyer is obliged to immediately
notify the Seller and, if the Goods are delivered by a carrier, to record the
relevant remarks in the carrier's documents or in another appropriate form, if
possible.
5.7. The Seller's obligation to transfer the Goods to
the Buyer is considered fulfilled from the moment of actual delivery of the
Goods to the Buyer or the recipient specified by him, and in the case of
delivery via a carrier - from the moment of delivery of the Goods to the Buyer
or its recipient at the delivery point, branch, post office , at the delivery
address or at another agreed place of receipt.
5.8. The right of ownership of the Goods shall be
transferred to the Buyer from the moment of actual acceptance of the Goods by
the Buyer or its authorized recipient, which shall be confirmed by signing the
invoice, freight invoice, express invoice, acceptance and transfer certificate
, other document on receipt of the Goods or by performing other actions that
clearly indicate acceptance of the Goods by the Buyer or its recipient.
5.9. The risk of accidental death, accidental loss or
accidental damage to the Goods passes to the Buyer simultaneously with the
transfer of ownership of the Goods to him, unless otherwise expressly
established by mandatory provisions of the legislation of Ukraine or separately
agreed upon by the parties in writing.
5.10. If the Buyer has specified another person as the
recipient in the Order, the transfer of the Goods to such person is considered
proper fulfillment of the Seller's obligation to the Buyer, and all actions of
such recipient regarding the acceptance of the Goods, checking its condition,
signing accompanying documents or actual receipt of the Goods create the same
legal consequences for the Buyer as the actions of the Buyer himself.
5.11. In the event of failure by the Buyer or his
recipient to receive the Goods within the period specified by the carrier,
point of issue, storage rules or notification of the Seller, the Seller has the
right to consider such failure to take action as a refusal to actually receive
the Goods, cancel the relevant Order, demand reimbursement of documented costs
associated with the delivery, storage, return or re-shipment of the Goods, and
also apply other consequences provided for by this Offer and the current
legislation of Ukraine.
6.
Rights and obligations of the parties
6.1. The Seller has the right:
6.1.1. independently determine the range of Goods,
change it, update descriptions, characteristics, equipment, photographs,
technical materials, prices and other information on the Site until the moment
of acceptance of a specific Order for execution;
6.1.2. request from the Buyer additional information,
documents, technical parameters, details or other information necessary for the
proper processing, clarification and execution of the Order;
6.1.3. involve third parties in the fulfillment of
their obligations under this Agreement, including carriers, payment services,
contractors, manufacturers, suppliers, service organizations and other
counterparties, without remaining outside the scope of their own liability to
the extent that it is imposed on the Seller by law or this Agreement;
6.1.4. suspend the processing of the Order, postpone
its execution, require advance payment, technical approval or additional
confirmation from the Buyer in cases where the nature of the Goods, method of
delivery, amount of the Order, content of the data provided by the Buyer or
other circumstances objectively require such clarification;
6.1.5. refuse further communication, processing of the
application or performance of actions that are not mandatory for the Seller, if
the Buyer or another person acts in bad faith, abuses rights, provides false
information, uses offensive language, commits actions aimed at obstructing the
Seller's business activities, or otherwise violates the requirements of the law
or this Offer.
6.2. The Seller is obliged to:
6.2.1. in the event of acceptance of the Order for
execution, transfer to the Buyer the Goods that correspond to the content of
the agreed Order, in the quantity, completeness and condition that comply with
the terms of this Agreement and the nature of the relevant Goods;
6.2.2. provide the Buyer with information and
documents regarding the Goods to the extent required by the legislation of
Ukraine and the nature of the specific Goods;
6.2.3. ensure proper processing of the Buyer's
requests regarding the execution of the Order, return, exchange, warranty
support and other issues directly arising from this Agreement;
6.2.4. process the Buyer's personal data in accordance
with the Privacy Policy and the requirements of the legislation of Ukraine.
6.3. The Buyer has the right:
6.3.1. receive information about the Goods from the
Seller within the limits provided for by the legislation of Ukraine, the
functionality of the Site and the nature of a specific Order;
6.3.2. place an Order under the terms of this Offer
using the Site or other means of communication permitted by the Seller;
6.3.3. require the Seller to properly fulfill the
confirmed Order in accordance with the terms of this Offer, the agreed
parameters of the Goods and the current legislation of Ukraine;
6.3.4. contact the Seller with requirements for the
return, exchange of the Goods, warranty support and other requirements in the
cases and in the manner provided for by this Offer, the Rules for the exchange
and return of goods and the legislation of Ukraine.
6.4. The Buyer is obliged to:
6.4.1. before placing the Order, independently
familiarize yourself with the terms of this Offer, the Rules for exchanging and
returning goods, the Privacy Policy, as well as information about the selected
Product, its characteristics, packaging, payment method and delivery method;
6.4.2. provide the Seller with complete, accurate and
reliable data necessary for the processing, confirmation and execution of the
Order, and in the event of any changes, immediately notify the Seller thereof;
6.4.3. timely and in full pay for the Goods and
related payments, if the obligation to pay them is imposed on the Buyer by the
terms of this Offer or a specific Order;
6.4.4. ensure the possibility of proper communication
with him to clarify the essential terms of the Order, as well as ensure proper
acceptance of the Goods by the Buyer or the recipient indicated by him;
6.4.5. upon receipt of the Goods, inspect them to the
extent that is objectively possible at the time of receipt, and in the event of
obvious discrepancies or damage, act in accordance with this Offer, the Rules
for the exchange and return of goods, and the instructions of the Seller or
carrier;
6.4.6. use the Product in accordance with its intended
purpose, technical documentation, manufacturer's instructions, operating rules
and warranty service conditions, and refrain from actions that may create
artificial grounds for making unfounded claims against the Seller.
6.5. Each party undertakes to act in good faith,
reasonably and not to take any action aimed at creating artificial obstacles to
the implementation of this Agreement, obtaining unjustified advantages or
causing property, business or reputational damage to the other party.
7.
Warranty conditions, procedure for appeals and liability of the parties
7.1. The warranty period for the Goods, if
established, is determined by the manufacturer, importer, Seller or the
legislation of Ukraine and is indicated in the passport, warranty card,
technical documentation, description of the Goods on the Site or in another
document provided to the Buyer together with the Goods or relating to a
specific Order.
7.2. If the Buyer discovers defects in the Goods
during the warranty period, he has the right to contact the Seller with a
corresponding claim in accordance with the procedure stipulated by the
legislation of Ukraine, this Offer and the Rules for the exchange and return of
goods. Such applications are considered taking into account the nature of the
Goods, the content of the declared defect, the documents provided by the Buyer
and other circumstances that are important for the correct resolution of the application.
7.3. To consider an application regarding defects in
the Goods, the Buyer is obliged to provide a document confirming the fact of
purchasing the Goods from the Seller, and for Goods for which a warranty period
has been established, also a passport, warranty card or other document
replacing it, if such a document is provided for the relevant Goods. An
electronic payment document, QR code or other electronic method of confirming
the fact of purchasing the Goods is equated to a payment document in cases provided
for by the legislation of Ukraine.
7.4. The Seller has the right to demand the provision
of the Goods for inspection, quality control, technical diagnostics, service
research or other inspection, if without this it is impossible to establish the
presence, nature, causes of the defect or the legitimacy of the stated claim.
If the Goods have been installed, assembled, connected or put into operation,
the Seller has the right to request from the Buyer additional documents,
explanations, photos, videos or other confirmations that are objectively
necessary to clarify the causes of the stated defect.
7.5. The Seller is not liable for defects in the Goods
that have arisen after their transfer to the Buyer as a result of violation of
the rules of transportation, storage, installation, connection, operation,
maintenance, unauthorized interference with the design of the Goods, repair by
unauthorized persons, use of the Goods for purposes other than their intended
purpose, actions of third parties or force majeure circumstances. The Buyer's
corresponding claims shall not be satisfied if the Seller proves the existence
of such circumstances.
7.6. The Buyer's requirements for return, exchange,
elimination of defects of the Goods, price reduction, warranty support or other
requirements arising from the purchase of Goods of proper or improper quality
are resolved in accordance with this Offer, the Rules for the exchange and
return of goods and the current legislation of Ukraine. If a particular issue
is not directly regulated by this Offer, the norms of the legislation of
Ukraine shall apply.
7.7. The Seller is not responsible for:
7.7.1. minor discrepancy in shade, color, appearance
or secondary elements of the Goods with the image on the Site, if such
discrepancy is due to the peculiarities of displaying information on the
Buyer's device and does not affect the identification of the Goods or its main
characteristics;
7.7.2. inaccuracies, errors, delays or other
consequences arising from the provision of inaccurate, incomplete or outdated
data by the Buyer;
7.7.3. delay in delivery, violation of transportation
deadlines or untimely delivery of the Goods for reasons that arose after the
transfer of the Goods to the carrier and are beyond the reasonable control of
the Seller, unless otherwise expressly established by the mandatory provisions
of the legislation of Ukraine;
7.7.4. indirect damages, lost profits, loss of
production time, equipment downtime, loss of data, commercial losses or other
similar consequences, unless otherwise expressly provided for by mandatory
provisions of the legislation of Ukraine.
7.8. The total amount of the Seller's property
liability is in any case limited to the cost of the relevant Goods paid by the
Buyer under a specific Order, except in cases where a different amount of
liability is directly established by mandatory provisions of the legislation of
Ukraine.
8.
Change or cancellation of order. Return of goods and funds
8.1. The Buyer has the right to contact the Seller
with a request to change or cancel the Order before the Seller actually begins
its execution. After the start of the picking, reservation, manufacturing,
shipment of the Goods or its transfer to the carrier, the change or
cancellation of the Order is allowed only with the consent of the Seller and
taking into account the nature of the relevant Goods.
8.2. Return, exchange of Goods, submission of relevant
applications, terms, conditions for accepting Goods for return, procedure for
refunding funds, as well as features of handling Goods of proper and improper
quality are determined by the Rules for the exchange and return of goods, which
are an integral part of this Offer.
8.3. If the Product is a Product with individually
defined properties, including if it is manufactured, modified, completed or
delivered according to the Buyer's individual parameters, the return or
exchange of such Product is carried out taking into account the restrictions
established by the legislation of Ukraine and the Rules for the exchange and
return of goods.
8.4. Refunds for canceled or unfulfilled Orders, as
well as for Goods that are subject to return in accordance with the legislation
of Ukraine and the Rules for the Exchange and Return of Goods, are made in
accordance with the procedure, terms and methods specified in this Offer, the
Rules for the Exchange and Return of Goods and the current legislation of
Ukraine.
8.5. If a separate issue related to the change,
cancellation of the Order, return of the Goods or refund is not directly
regulated by this Offer, it shall be resolved in accordance with the Rules for
the exchange and return of goods and the current legislation of Ukraine.
9.
Privacy and personal data
9.1. By placing an Order, using the Site or otherwise
interacting with the Seller within the framework of the execution of this
Agreement, the Buyer confirms that he has read the Privacy Policy posted on the
Site and agrees to the terms of processing his personal data in the manner
specified by this Policy and the current legislation of Ukraine.
9.2. The Privacy Policy is an integral part of this
Offer and applies to all legal relations related to the collection,
registration, storage, use, transfer, protection and other processing of the
Buyer's personal data carried out in connection with the registration,
execution, support, change or termination of the Order.
9.3. The Seller processes the Buyer's personal data
exclusively to the extent and for the purposes necessary for the proper
performance of this Agreement, compliance with the requirements of the
legislation of Ukraine, ensuring the functioning of the Site, communication
with the Buyer, organizing payment, delivery, return of the Goods, warranty
support and protecting the rights and legitimate interests of the Seller.
9.4. If a particular issue related to the processing
of personal data is not directly regulated by this Offer, it is governed by the
Privacy Policy and the current legislation of Ukraine.
10.
Force majeure
10.1. The Parties are exempt from liability for full
or partial non-fulfillment or improper fulfillment of their obligations under
this Agreement, if such non-fulfillment or improper fulfillment was a
consequence of force majeure circumstances, i.e. extraordinary and unavoidable
circumstances under the given conditions that objectively make it impossible to
fulfill the relevant obligation.
10.2. Circumstances of force majeure may include, in
particular, war, hostilities, armed conflicts, mass riots, terrorist acts,
blockades, strikes, fires, floods, earthquakes, other natural disasters,
accidents, disruptions in the operation of energy, transport,
telecommunications or logistics infrastructure, actions of state authorities or
local governments, as well as other circumstances beyond the reasonable control
of the party. The Ukrainian Chamber of Commerce and Industry and regional
chambers authorized by it are authorized to certify force majeure circumstances
and issue relevant certificates.
10.3. The party that invokes force majeure
circumstances shall be obliged to notify the other party of their occurrence
within a reasonable time after such circumstances became known to it or should
have become known to it, indicating the nature of such circumstances and their
possible impact on the performance of the relevant obligations.
10.4. The presence of force majeure circumstances does
not exempt a party from the obligation to take reasonable measures to minimize
their consequences, as well as from the fulfillment of those obligations, the
fulfillment of which remains possible despite the occurrence of such
circumstances.
10.5. If the force majeure circumstances last for more
than 30 consecutive calendar days and significantly affect the possibility of
performing this Agreement, each party has the right to initiate a review of the
terms of performance of the relevant Order, its partial cancellation or
termination in the part affected by such circumstances, without the application
of penalties to the parties, except for the obligation to make payments for
actually properly performed obligations.
10.6. The lack of necessary funds, goods in free
circulation, personnel, normal market fluctuations, change in commercial
profit, breach of obligations by the counterparties of the party or other
circumstances that do not have signs of emergency and inevitability are not
considered force majeure circumstances in themselves, unless otherwise directly
follows from the nature of a specific event or the requirements of the
legislation of Ukraine.
11.
Other provisions
11.1. This Offer shall enter into force on the
effective date specified in this version of the Offer posted on the Site and
shall be valid indefinitely until its withdrawal, replacement with a new
version or termination of its posting on the Site by the Seller. The Seller
shall have the right at any time to change, supplement, re-issue or withdraw
this Offer, unless otherwise expressly provided for by the mandatory provisions
of the legislation of Ukraine. The new version of the Offer shall enter into force
on the date specified in the relevant new version posted on the Site, unless
otherwise expressly provided for in such version itself.
11.2. The law of Ukraine shall apply to the relations
between the Seller and the Buyer. All issues not regulated by this Offer shall
be resolved in accordance with the Civil Code of Ukraine, the Law of Ukraine
"On Electronic Commerce", the Law of Ukraine "On Protection of
Consumer Rights", other acts of Ukrainian legislation, as well as the
Rules for the Exchange and Return of Goods and the Privacy Policy insofar as
they relate to the relevant legal relations.
11.3. All disputes, disagreements or claims arising
between the parties in connection with the conclusion, interpretation,
performance, violation, termination or invalidity of this Agreement, the
parties undertake to resolve them primarily through negotiations,
correspondence, exchange of claims and other methods of pre-trial settlement
that do not contradict the legislation of Ukraine.
11.4. If the dispute is not settled through
negotiations, it shall be subject to judicial resolution in accordance with the
rules of jurisdiction and jurisdiction established by the legislation of
Ukraine. The general rule for claims against legal entities is related to their
location under the Unified State Register, however, other rules of jurisdiction
shall also apply if they are expressly provided for by law.
11.5. The invalidity, illegality or impossibility of
enforcement of a separate provision of this Offer shall not entail the
invalidity of its other provisions, unless otherwise directly follows from the
content of such provision or from the requirements of the legislation of
Ukraine.
11.6. If, after the conclusion of the Agreement,
individual terms of this Offer are changed by the Seller, the version of the
Offer that was in effect at the time of acceptance of the relevant Order by the
Buyer shall apply to the specific Order, unless otherwise expressly agreed by
the parties or follows from the mandatory provisions of the legislation of
Ukraine.
11.7. All notices, documents, claims, invoices,
confirmations, acts, invoices, notifications of changes in the status of the
Order, as well as other legally significant or informational messages may be
provided by the parties in electronic form via the Site, e-mail, messengers,
telephone communication or other communication channels used by the parties
during the execution and execution of the Order, unless otherwise expressly
established by the legislation of Ukraine or follows from the nature of the relevant
document. The electronic form of the contract and related messages is expressly
permitted by law.
11.8. Details, contact details, address for
correspondence, procedure for sending appeals, claims and other notifications
are specified on the Site, in this Offer, in the Rules for the exchange and
return of goods, invoices, invoices or other documents of the Seller relating
to the relevant Order. Changing such data by the Seller does not require the
conclusion of a separate additional agreement, if the updated information is
duly published on the Site or brought to the attention of the Buyer.
12.
Contact details
12.1. For questions related to the registration,
confirmation, execution, change or cancellation of the Order, payment,
delivery, warranty support, return of the Goods, refund, as well as other
questions arising from this Offer, the Buyer may contact the Seller using the
following contact details:
Limited Liability Company "PNEUMOPRIVOD"
Legal entity identification code: 39410626
Registered address: Ukraine, 04215, Kyiv city, Svobody
Avenue, building 26B.
Actual place of activity: Kamianske , Dnipropetrovsk
region, Ukraine
Phone: 0 (800)
21-03-17, +380 (67) 622-76-13, +380 (98) 182-31-02
Email:
market@spc.com.ua
Website: https://spc.com.ua/













































