Offer agreement
Before viewing the website,
be sure to read this public offer, and if you disagree with its terms, refrain
from using the website www.ultradistribution.com.ua.
The online store
"Ultra Distribution," located at the domain name
ultradistribution.com.ua, Limited Liability Company "ULTRA
DISTRIBUTION," OCPD 39278523, legal address: Ukraine, 03062, Kyiv,
Beresteisky Avenue, building No. 65, Letter "B," hereinafter referred
to as the "Seller," publishes a Public Offer for the sale of goods by
remote means.
Please note that by using
the website www.ultradistribution.com.ua, you automatically agree to the
terms of use of the website www.ultradistribution.com.ua, as described in this public offer.
Placing a checkmark, filling out various forms, applications, participating in
bonus programs, promotions, placing orders, etc., constitutes your agreement
with all the terms specified in this public offer and is equivalent to signing
a contract by both parties.
This public offer is binding on both parties.
1. BASIC TERMS
1.1. Website
- the website www.ultradistribution.com.ua of the online store "Ultra
Distribution," containing all web pages; the owner of the website is LLC
"ULTRA DISTRIBUTION."
1.2. User (You)
- a natural person, a resident of Ukraine, who has reached the age of 18, is
legally capable, and uses this website and/or its individual tools, or a legal
entity or individual entrepreneur who agrees with the terms of the Public Offer
and has fulfilled all its conditions described below.
1.3. Buyer
- a User who has placed an order and made a purchase on the website www.ultradistribution.com.ua.
1.4. Administration
- the administration of the website of the online store "Ultra
Distribution."
1.5. Public Offer
(hereinafter referred to as the "Offer") - a public proposal
from the Seller addressed to an indefinite circle of persons, allowing them to
conclude a sales contract for goods by remote means (hereinafter referred to as
the "Contract") under the terms contained in this Offer, including
all Appendices.
1.6. Seller
- a legal entity or individual entrepreneur that posts information about goods
and/or services available for order on the Website. The Seller can be either
the Administration or any person authorized by the Administration to post
information about goods and/or services. The name of the Seller is indicated in
the documents for the transfer of goods to the Buyer (act of acceptance, delivery
note, sales receipt, fiscal receipt, etc., confirming the transfer of goods to
the Buyer).
1.7. Goods
- goods, services, other material and intangible objects, information about
which is posted on the Website.
1.8. Order
- a User's request through the Website and/or by calling the Seller's hotline
to order goods, as well as the totality of the goods specified in the User's
order.
1.9. Payer
- the person who pays for the User's order.
1.10. Recipient
- the person specified by the User in the order form as the contact person
authorized by the User to receive the goods. Unless otherwise specified in the
Order form, the User is the Recipient.
1.11. Proposal
- information about goods posted by the Seller on the Website, including
information about the goods, their prices, payment and delivery methods,
information about discounts and promotional offers on the goods, and other
conditions for ordering goods. The terms of the Proposals posted on the Website
are determined by the Seller. The Proposal is information about possible
conditions for ordering goods.
1.12. Parties
- Seller, Buyer, User.
1.13. Delivery of
goods - the transfer of goods from the Seller to the Buyer using the
methods specified on the website www.ultradistribution.com.ua and described in the terms of
the Offer.
1.14. Carrier
Service - the company that carries out delivery to the User's address
or delivery to a branch for subsequent self-receipt of goods by the User.
1.15. Own delivery - the Seller’s own delivery service that provides address delivery to the User under the conditions specified on the website www.ultradistribution.com.ua, according to the conditions accepted upon the Seller's acceptance of this Offer.
2. TERMS OF THE CONTRACT
2.1. This Offer determines
the procedure for the User's access to information posted on the Website, the
procedure for using the Website, and the possibility of transferring goods to
the User.
2.2. This Offer is public.
By using the materials and tools of the Website, the User is considered to
accept this Agreement. The User is obliged to fully familiarize themselves with
the terms of this Agreement before registering on the Website and/or placing a
checkmark. Registration or Automatic Registration of the User on the Website
means full acceptance of the Agreement (in accordance with Articles 641, 642 of
the Civil Code of Ukraine).
2.3. The Website is a
platform for posting proposals for the sale of goods by Sellers.
2.4. Information about
goods shown on the website www.ultradistribution.com.ua is dynamic. This means that
information may be updated, changed, and supplemented by the Administration at
any time without prior notice to the User. Any information about the Seller’s
goods, promotional terms, product prices, and any other rules for providing
services by the Seller is shown on the website www.ultradistribution.com.ua.
2.5. The Website
Administration has the right to unilaterally change the terms of this Agreement
at any time. Changes take effect from the moment a new version of the Agreement
is posted on the website www.ultradistribution.com.ua.
2.6. This Agreement can be
concluded by a legally capable User who has reached 18 years old, considering
the specifics provided in Chapter 4 of the Civil Code of Ukraine. By accepting
the terms of the Agreement, you confirm your legal capacity and take on the
obligations arising from using the website www.ultradistribution.com.ua and entering into this Agreement.
2.7. The Proposal on the
Website is not an offer. After familiarizing themselves with the Proposal
posted on the website, the User has the right to make an offer to the Seller by
filling out the Order form and/or placing an order through the Call Center of
the website. Filling out the Order form is considered the User's offer to the
Seller to order goods on the terms specified in the relevant Proposal.
2.8. The offer is
considered accepted by the Seller if the Seller has performed actions that
indicate acceptance of the User's offer, namely: actually shipped the goods,
started providing services in accordance with the terms set forth in the User's
offer.
2.9. The Seller has the
right to offer to order goods on different terms after receiving the User's
offer. In this case, this proposal is considered a counter-offer and must be
accepted by the User. Acceptance of the counter-offer is the actual receipt of
goods by the User and/or Recipient on the terms specified in the counter-offer.
The Seller has the right to withdraw the counter-offer before the goods are
received by the Buyer.
2.10. The agreement on all
essential terms between the Parties is the payment and/or actual receipt of the
goods by the Buyer, as well as the shipment of the goods by the Seller.
2.11. The Parties agree
that sending any notifications from the Seller and/or the Administration of the
website about the availability of goods, acceptance of orders, delivery terms,
price of goods, payment terms and forms, order status and/or changes in order
status, etc., via email, SMS messages, or phone communication is done solely
for the purpose of informing the Buyer about the Seller's receipt of the offer
and cannot indicate its confirmation by the Seller.
2.12. Purchased copies of
licensed software are considered activated if they are actually shipped in
electronic form and registered under the buyer's details. PIN codes (keys) are
considered activated and cannot be restored. The service is considered fully
rendered. The cost of the service cannot be refunded.
2.13. Upon acceptance of the Seller's offer, the User agrees to receive information about the goods via remote communication. The signature on documents confirming the receipt of goods and/or the actual receipt of goods means that the Recipient has received all necessary information about the goods before their acceptance.
3. DELIVERY OF GOODS
3.1. The delivery of goods
is carried out:
- by the own delivery service of Ultra
Distribution, which provides address delivery to the User in the cities
specified upon the acceptance of the agreement by the Seller;
- by the carrier service that performs
address delivery to the User or delivery to a branch for subsequent
self-receipt of goods by the User. If there is no branch of the carrier
service or the Seller’s representative in the settlement, the User has the
right to choose the nearest settlement where there is a branch of the
carrier service or the Seller. The addresses of the carrier service
branches can be found at the link novaposhta.ua.
3.2. The moment of receipt
of goods by the Recipient is the actual receipt of the Goods by the Recipient
and the actions taken by them indicating the acceptance of the goods. When
receiving the goods, the Recipient is obliged to check the goods for damage and
the presence of the necessary documents (sales receipt, warranty card, act of
acceptance) and, in case of problems, to claim them on the spot to the delivery
service. The Seller is not responsible for the actions of the carrier company.
4. PRODUCT PRICE AND PAYMENT
4.1. The price for each
item of the Product is indicated on the website of the Online Store.
4.2. The Seller has the
right to unilaterally change the price for any item of the Product or Delivery.
4.3. In the event of a
price change for the ordered Product or Delivery, the Seller is obliged to
inform the Buyer about the price change within ten days.
4.4. The Buyer has the
right to confirm or cancel the Order for the purchase of the Product if the
price has been changed by the Seller after placing the Order.
4.5. The Seller specifies
the estimated cost of delivery of the Product on the website of the Online
Store and also fixes and informs the Buyer of it upon confirming the order.
4.6. The obligations of the
Buyer to pay for the Product are considered fulfilled from the moment the funds
are credited to the Seller’s account.
4.7. Payments between the
Seller and the Buyer for the Product are made exclusively in the national
currency, using the methods specified on the website of the Online Store.
4.8. Online payment on the
website www.ultradistribution.com.ua is made through the payment system
Checkbox. By making a payment in this way, the Buyer agrees to all the terms of
the contract https://checkbox.ua/terms/
4.9. In accordance with the
Law of Ukraine "On the Application of Registrars of Settlement
Transactions in Trade, Public Catering, and Services," the Seller has the
right to use software cash registers that generate electronic fiscal checks.
The electronic fiscal check
is available for download in the Buyer’s personal account on the website. If
necessary, or at the Buyer’s request, the electronic fiscal check can be sent
to the email address.
Such a check can be
independently verified on the SFS website using its fiscal number and date in
the "Electronic Cabinet" section. The electronic fiscal check has
legal force. In case of a return of the product, there is no need to print such
an electronic check.
4.10. The cost of the Product indicated on the website of the Online Store does not include the cost of delivery of the Product to the Buyer. The cost of delivery of the Product is paid by the Buyer in accordance with the current rates of delivery services (carriers) directly to the chosen delivery service (carrier).
5. REGISTRATION DATA AND NOTIFICATION
5.1. When registering on
the website of the Online Store, the User agrees to provide the following
registration information:
- Surname and name of the Buyer;
- Contact phone number;
- Email address.
5.2. By completing the
registration procedure on the website, the User agrees to the terms of the
Offer. Registration on the website indicates the User's consent to the terms of
the Offer.
5.3. The User automatically gives consent to receive notifications about orders, promotions, bonus accounts, etc. The User can change these settings using the Site's account.
6. LIABILITY OF THE PARTIES
6.1. As a User of the Site,
you agree not to take actions that violate the legislation of Ukraine,
contradict international law norms, or actions that may cause disruptions in
the operation of the Site.
6.2. The User must promptly
inform the Site Administration about unauthorized access to the User's personal
page by third parties. To inform, the User must contact the Call Center at the
coordinates indicated on the Site.
6.3. The User voluntarily
gives consent to the Site Administration for the collection and processing
(accumulation, storage, recovery, use, distribution, destruction), in
accordance with current legislation of Ukraine, of the User's personal data,
namely: surname, first name, patronymic, email, phone, address, for the purpose
of ensuring relations in the field of buying and selling, consumer rights
protection, advertising and marketing research, and also gives consent for the
transfer (distribution) of his data to carriers, transport forwarding and
courier organizations, other third parties (without limitation) at the
discretion of the Site Administration. This provision is valid for 5 years from
the moment of the last order placed on the site.
6.4. By accepting the terms
of the User Agreement, the User voluntarily consents to video surveillance with
or without sound recording, for the purpose of improving service quality,
preventing illegal actions in the premises and on the territory of the Seller.
By placing an order for the Product with the Seller, the Buyer gives
unconditional consent to the Seller for photo and video recording (with or
without audio recording) of the Buyer's presence in the Seller's premises and
territory and allows the Seller, for this purpose, to use photo and video
materials (with or without audio recording) depicting the Buyer without the
need for additional consent from the Buyer.
6.5. By accepting the terms
of the User Agreement, the User also confirms that he is familiar with and
agrees to the Privacy Policy of the Site, as well as the terms of this
Agreement.
6.6. By accepting the terms
of the User Agreement, the User confirms that he is legally capable and that
there are no restrictions on his legal capacity.
6.7. Comments and other
records by the User on the Site must not violate the requirements of the
legislation of Ukraine and generally accepted norms of morality and ethics.
6.8. Responsibility for
monetary transfers made by Payers lies entirely with the banks and payment
systems whose services the User decides to use. The Seller is not liable for
the actions of Processing Centers.
6.9. The Site
Administration is not responsible for the operability of the equipment on which
the site is hosted, the availability of the Site, the operation of data
transmission channels, and other technical means for enabling Users to access
the Site.
6.10. The Seller is not
responsible for the actions of the Carrier, including the transportation times
by the carrier company and the preservation of the goods.
6.11. The Seller's
liability for changes to the terms of the product order is limited to the right
of the Recipient (User, Payer) to refuse the product order and demand the
return of the funds paid for it (if they have been paid).
6.12. The User is responsible for the accuracy of the data specified in the Order form. If incorrect, inaccurate, and/or erroneous data in the order leads to additional costs for the Seller related to the delivery of the product to the wrong address or the issuance of the product to the wrong Recipient, all related losses and costs shall be borne by the User. The Seller has the right to withhold the amount of such losses or costs from the sums paid by the Payer for the product. The User must provide all necessary information about himself to carry out the electronic transaction.
7. ADDITIONAL TERMS
7.1. If the Payer is a
legal entity, the Recipient is exclusively the Payer in the presence of
supporting documents – a power of attorney for receiving material values or a
seal.
7.2. All possible disputes
and disagreements arising between the Parties within this Agreement shall be
resolved in accordance with the current legislation of Ukraine exclusively at
the place of registration of the Site Owner. The recognition by the court of
any provision of this Agreement as invalid does not cancel the operation of the
Agreement in other respects and does not relieve the User of the Site of the
obligations undertaken during registration.
7.3. All rights to the Site
as a whole and the use of the network address (domain name) www.ultradistribution.com.ua belong to the Site Administration.
7.4. The User agrees that
after registration on the Site, the Site Administration and/or Seller will send
letters and/or messages to the User’s email address, including promotional
content. The User has the right to refuse such mailing independently.
7.5. By providing a mobile
phone number in the forms on the site, the User automatically agrees to receive
messages from the Site, including promotional content. To refuse to receive
such messages, the User must contact the Site's technical support.
7.6. The User is prohibited
from posting on the Site content prohibited by current legislation and/or
content that contradicts the moral and ethical norms of society.
7.7. Calling the Site's
hotline or filling out the registration form, filling out the order form is the
User's consent to register in the loyalty program of the website www.ultradistribution.com.ua, and also confirms the fact of
familiarization and consent to all the rules of this public offer.
7.8. Calling the Site's
hotline or filling out the registration form or the order form is the User's
consent to record the phone conversation for the purpose of quality control of
service.
7.9. The User is familiar with and agrees to the terms of this agreement.
8. SELLER'S DETAILS
Seller:
LLC "ULTRA DISTRIBUTION"
Tel. +380443334318
Address:
Ukraine, 03062, Kyiv, Beresteisky Avenue, building No. 65, Letter "B"
Carefully read the text of the public offer, and if you do not agree with any item of the Offer, you have the right to refuse to purchase the Goods provided by the Seller and refrain from actions indicated in paragraph 2.1. of this Offer.
