1. General provisions
1.1. This offer is the official proposal of the Container Trade trademark (hereinafter — the “Seller”) to conclude a distance sale and purchase agreement for goods via the online store (hereinafter — the “Agreement”). The Seller publishes this public offer on the official website container-trade.net (hereinafter — the “Online Store”).
1.2. Full and unconditional acceptance (acceptance) of the Seller’s proposal by the Buyer to conclude an electronic sale and purchase agreement is the Buyer’s payment for the order on the terms of this Agreement, within the time limits and at the prices stated on the Seller’s website.
2. Terms and definitions
2.1. Unless the context requires otherwise, the following terms have the meanings set out below:
“Goods” — shipping containers, related equipment and accompanying items offered in the Online Store;
“Online Store” — as defined by the Law of Ukraine “On Electronic Commerce”, a means of presenting or selling goods, works or services by concluding an electronic transaction;
“Seller” — the company that sells the goods presented on the website;
“Buyer” — a natural person who has entered into the Agreement with the Seller on the terms set out below;
“Order” — the selection of specific items from the goods list, as indicated by the Buyer when placing the order and making payment.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
This Agreement governs the sale of goods in the Online Store, including:
- the Buyer’s voluntary selection of goods in the Online Store;
- the Buyer’s independent placement of an order in the Online Store;
- payment by the Buyer for an order placed in the Online Store;
- processing and delivery of the order to the Buyer on the terms of this Agreement.
4. Order placement
4.1. The Buyer may order any goods presented on the Online Store website and available in stock.
4.2. Each item may be included in an order in any quantity.
4.3. If goods are not available in stock, a company manager must notify the Buyer (by phone or email).
4.4. If goods are unavailable, the Buyer may replace them with a similar model, refuse the item, or cancel the order.
4.5. If the Seller needs additional information, the Seller may request it from the Buyer. If the Buyer fails to provide the required information, the Seller is not liable for the quality of the service provided when purchasing goods in the Online Store.
4.6. The Buyer accepts the terms of this offer by entering the relevant data in the registration form on the Online Store website or when placing an Order through an Operator. After an order is placed through an Operator, the Buyer’s data are registered in the Seller’s database.
5. Payment
Cash on delivery
5.1. Payment is made upon receipt of the goods at a carrier’s branch in cash in Ukrainian hryvnias.
5.2. If payment is not received, the Online Store reserves the right to cancel the order.
6. Delivery
6.1. Goods purchased in the Online Store are delivered to the warehouses of the transport companies where orders are issued.
6.2. Together with the order, the Buyer receives the documents required under the laws of Ukraine.
7. Rights and obligations of the parties
7.1. The Seller may unilaterally suspend services under this Agreement if the Buyer breaches its terms.
7.2. The Buyer must timely pay for and receive the order on the terms of this Agreement.
7.3. The Buyer may place an order in the Online Store, enter into an electronic agreement, and require the Seller to perform this Agreement.
8. Liability of the parties
8.1. The parties are liable for failure to perform or improper performance of this Agreement as provided by this Agreement and the laws of Ukraine.
8.2. The Seller is not liable for:
- changes in the appearance of the Goods made by the manufacturer;
- minor colour differences that may arise solely due to different colour rendering on computer monitors;
- the content and accuracy of information provided by the Buyer when placing an order;
- delays and interruptions in order processing and delivery caused by circumstances beyond the Seller’s control;
- unlawful acts by the Buyer using Internet access;
- the Buyer’s disclosure of network identifiers — IP, MAC address, login and password — to third parties.
8.3. When using Internet access, the Buyer is solely liable for any harm caused by their actions (including where another person used their login) to persons or their property, legal entities, the state or moral principles.
8.4. In the event of force majeure, the parties are released from performing this Agreement. Force majeure means extraordinary, unforeseeable events that exclude or objectively prevent performance of this Agreement and that the parties could not foresee or prevent by reasonable means.
8.5. The parties shall use their best efforts to resolve any disputes solely through negotiation.
9. Other terms
9.1. The Online Store may unilaterally amend this Agreement provided the updated text is first published on container-trade.net.
9.2. The Online Store is intended for distance selling of goods via the Internet.
9.3. The Buyer is responsible for the accuracy of information provided when placing an order. By accepting this offer (placing an order and paying for the goods), the Buyer gives the Seller unconditional consent to the collection, processing, storage and use of personal data within the meaning of the Law of Ukraine “On Personal Data Protection”.
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 sale and purchase agreement (public offer).
9.5. The effective date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”.
9.6. Use of the Online Store to preview goods and to place an order is free of charge for the Buyer.
9.7. Information provided by the Buyer is confidential. The Online Store uses Buyer information solely to process the order, send notices, deliver goods, settle payments and for related purposes.
10. Return of goods of proper quality
10.1. Returns to the Online Store are made in accordance with the laws of Ukraine.
10.2. Returns to the Online Store are at the Buyer’s expense.
10.3. When the Buyer returns goods of proper quality, the Online Store refunds the amount paid for the goods upon return, less compensation for the Online Store’s delivery costs to the Buyer.
11. Term of the Agreement
11.1. An electronic agreement is deemed concluded from the moment the person who made the proposal to conclude such an agreement receives a response accepting that proposal, as defined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce”.
11.2. Before its term ends, this Agreement may be terminated by mutual consent of the parties before the goods are actually dispatched, by refund of the payment.
11.3. Either party may unilaterally terminate this Agreement if the other party fails to perform its terms, and in other cases provided by the laws of Ukraine.
12. Price of goods
12.1. The price of each Goods item is stated on the Online Store website.
12.2. The Seller may unilaterally change the price of any Goods item.
12.3. If the price of ordered Goods changes, the Seller shall inform the Buyer of the price change.
12.4. The Buyer may confirm or cancel the Order if the Seller changes the price after the Order was placed.
12.5. The Seller may not change the price of goods already paid for by the Buyer.
12.6. The Seller states the delivery cost on the Online Store website or informs the Buyer when the order is placed through an Operator.
12.7. The Buyer’s payment obligations are deemed fulfilled when the funds are received by the Seller.
12.8. Settlements between the Seller and the Buyer are made by the methods stated on the Online Store website in the “Payment” section.
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