Public offer

Terms:

• 1.1 The current offer is the offer of the site "BMW-Power.com.ua", hereinafter referred to as "the Seller", to conclude the Contract of purchase and sale of goods remotely, ie through the Internet-shop, hereinafter referred to as "the Contract", and place Public offer (offer) on the official website of the Seller «bmw-power.com.ua (hereinafter referred to as« the Website »).
• 1.2 The moment of full and unconditional acceptance by the Buyer of the Seller's offer (by acceptance) to conclude an electronic contract of purchase and sale of goods, the fact of payment by the Buyer on the terms of this Agreement, in terms and at the prices indicated on the Seller's website, is considered.

Definitions and definitions:

• 2.1  In this offer, unless the context otherwise requires, the terms below have the following meanings: 
  * "goods" - models, accessories, components and accessories; 
  * "Online Store" - in accordance with the Law of Ukraine "On E-Commerce", a means of presenting or selling a product, work or service through the conclusion of an electronic agreement. 
  * "Seller" is a company that sells products on the Internet site. 
  * "Buyer" - an individual who has entered into an Agreement with the Seller under the conditions set out below. 
  * "Order" - select individual items from the list of goods specified by the Buyer when placing the order and making payment.

Subject of the contract:

• 3.1 The  Seller agrees to transfer the Goods to the Buyer, and the Buyer agrees to pay for and accept the Goods under the terms of this Agreement. 
  This Agreement regulates the purchase and sale of goods in the online store, including: 
  - voluntary choice by the Buyer of goods in the online store; 
  - Independent registration by the Buyer of the order in the online store; 
  - payment by the Buyer of the order made in the online store; 
  - processing and delivery of the order to the Buyer in the property under the terms of this Agreement

Order of ordering:

• 4.1 The Buyer has the right to place an order for any item displayed on the Website of the Online Store.
• 4.2 Each item may be presented in the order in any quantity.
• 4.3 In the absence of goods in the warehouse, the Manager is obliged to inform the Buyer (by telephone or e-mail).
• 4.4 In the absence of goods, the Buyer has the right to replace it with a product of a similar model, to refuse the order of this product, to cancel the order.

Order payment:

• 5.1 The payment is made by the buyer online on the site (through payment services).
• 5.2 In case of non-receipt of funds, the online store has the right to cancel the order.

• 6.1  Delivery of goods purchased in the online store is done immediately and automatically after payment for the goods on the product page.

• 7.1 To  unilaterally terminate the provision of services under this Agreement in case the Buyer breaches the terms of this Agreement.

• 8.1 Pay on time and receive the order under the terms of this agreement.

• 9.1 The parties are responsible for the non-fulfillment or improper fulfillment of the terms of this contract in the manner stipulated by the agreement and the current legislation of Ukraine.
• 9.2 The Seller is not responsible for: 
  - changes in the appearance of the Goods by the manufacturer; 
  - for a slight discrepancy in the color gamut of the product, which may differ from the original product solely due to the different color transmission of monitors of personal computers of individual models; 
  - for the content and truth of the information provided by the Buyer when placing the order; 
  - for delays and interruptions in the provision of services (order processing and delivery of goods) arising for reasons beyond its control; 
  - for unlawful unlawful acts committed by the Buyer through this access to the Internet; 
  - for the transfer of Buyer their network IDs - IP, MAC address, login and password to third parties;
• 9.3 The Buyer, using the Internet access provided to him, shall be personally liable for the damage caused by his actions (personally, even if under his login there was another person) to the persons or their property, legal entities.
• 9.4 In case of force majeure circumstances, the parties shall be exempted from the terms of this agreement. Circumstances of force majeure for the purpose of this Treaty shall take into account events of an extraordinary, unforeseen nature, which exclude or impede the implementation of this Treaty, the occurrence of which the Parties could not have foreseen and prevent the occurrence of available methods.
• 9.5 The parties shall resolve any differences solely by negotiation.

• 10.1 The Online Store reserves the right to unilaterally amend this Agreement subject to its prior publication on bmw-power.com.ua
• 10.2 Online store designed to organize a remote way of selling goods online.
• 10.3 Payment by the Buyer of an order placed on the Online Store means the Buyer's full agreement with the terms of the contract of sale (public offer)
• 10.4 The information provided by the Buyer is confidential. The online store uses the information about the Buyer solely for the purpose of processing the order, sending messages to the Buyer, delivery of the goods, settlement of payments and more.

• 11.1  An electronic agreement shall be considered concluded from the moment of receipt by the person who made the offer to conclude such agreement, the answers on acceptance of the given proposal in the order determined by part 6 of Article 11 of the Law of Ukraine "On Electronic Commerce".
• 11.2 Until the expiration of this Agreement, it may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refund.
• 11.3 The parties have the right to terminate this agreement unilaterally, in case of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided by the current legislation of Ukraine.