Public offer agreement

GENERAL PROVISIONS

1.1. This Public Offer Agreement (the “Agreement”) constitutes an official offer by Booster (hereinafter referred to as the “Seller”) to enter into a distance sales agreement for goods through the online store. This Public Offer is published on the Seller’s official website at https://boosterbikes.com.ua/ (the “Website”).

1.2. The Buyer’s full and unconditional acceptance of the Seller’s offer to enter into an electronic sales agreement shall be deemed to occur upon payment for the order under the terms of this Agreement. Payment shall be considered made once the funds have been credited to the Seller’s current account.

TERMS AND DEFINITIONS

2.1. For the purposes of this Agreement, unless otherwise expressly provided, the following terms shall have the meanings set out below:

Website – the website available on the Internet at https://boosterbikes.com.ua/, including all of its webpages.
Product – any item or model added to the shopping cart.
Online Store – a means of presenting and selling goods by way of electronic transactions.
Seller – the company selling the goods presented on the Website.
User / Buyer – an individual who views information on the Website and/or places, receives, and/or reserves Products using the Website’s technical functionality.
Order – the selection of specific items from the list of goods made by the Buyer when placing and paying for an order.

SUBJECT MATTER OF THE AGREEMENT

3.1. The Seller undertakes to transfer ownership of the Product selected by the Buyer in the Seller’s Online Store and ordered by the Buyer through https://boosterbikes.com.ua/, and the Buyer undertakes to pay for and accept such Product in accordance with the terms of this Agreement.

ORDER PLACEMENT PROCEDURE

4.1. The Buyer has the right to place an order for any Product presented on the Online Store website and available for purchase.

4.2. Each Product may be ordered in any quantity, subject to its availability with the Seller.

4.3. If a Product is out of stock, or if any discrepancy is identified in its essential characteristics or price as compared to the information displayed on the Online Store website, the Seller’s representative shall notify the Buyer by telephone or email. The final price of the Product shall be the price confirmed by the representative of the Online Store at the time of order confirmation.

4.4. If a Product is unavailable, or if there is a discrepancy in its essential characteristics or price as compared to the information displayed on the Online Store website, the Buyer shall have the right to replace the Product with a similar model, refuse the Product, or cancel the order.

PAYMENT AND DELIVERY PROCEDURE

5.1. The price of each individual Product shall be determined by the Seller and indicated on the Website. The total Order price shall be determined by adding together the prices of all Products included in the Order and the delivery cost, which together constitute the total amount payable as indicated on the Website at the time the Order is placed.

5.2. The price of this Agreement shall be equal to the total Order price. The total Order amount may change depending on the price, quantity, or assortment of the Products selected.

5.3. An Order shall be deemed paid once the payment has been credited to the current account of the Seller or its representative. Payment for the Order shall constitute the User’s / Buyer’s acceptance of the terms of this Agreement.

5.4. The Seller reserves the right to change the price of any Product unilaterally. However, the price of a Product already ordered by the User / Buyer and confirmed by the representative of the Online Store shall not be changed.

5.5. The Buyer shall receive the ordered Product through a delivery service.

5.6. The available payment and delivery methods are specified in the “For Customers” section of the Online Store website.

5.7. The Buyer shall be provided with all documents required under the laws of Ukraine together with the Order.

5.8. The Buyer fully and unconditionally agrees to the cargo transportation rules published on the carrier’s website.

5.9. If payment is not received, the Online Store reserves the right to cancel the Order.

RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The Seller shall have the right to:

unilaterally discontinue the provision of services under this Agreement if the Buyer breaches the terms of this Agreement;
publish on the Website information regarding advertising campaigns and marketing activities conducted or to be conducted by the Seller and/or the Seller’s third-party partners;
in accordance with this Public Offer and the Privacy Policy, send emails to Users containing information about news, advertising campaigns, marketing activities, and other commercial offers of the Seller;
arrange for the delivery of Orders by engaging third parties to provide delivery services;
amend the terms of this Public Offer at its sole discretion by publishing an updated version on the Website. Such amendments shall enter into force upon publication unless otherwise specified at the time of publication.

6.2. The Buyer shall be obliged to:

pay for and receive the Order in a timely manner in accordance with the terms of this Agreement;
provide the Seller, upon registration and/or when placing an Order, with complete information necessary for the delivery of the Order. The User / Buyer shall bear full responsibility for providing inaccurate information that results in the Seller being unable to properly fulfill its obligations;
upon receipt of the Order, verify the integrity and completeness of the Product by inspecting the contents of the shipment. In the event of any damage or incomplete delivery, all discrepancies must be recorded in a written report to be signed by both the User / Buyer and the person who delivered the Order;
review the cargo transportation rules of the carrier companies prior to placing an Order.

6.3. The Buyer shall have the right to:

place orders through the Seller’s Online Store;
enter into an electronic agreement;
require the Seller to fulfill the terms of this Agreement.

LIABILITY OF THE PARTIES

7.1. The Parties shall be liable for any non-performance or improper performance of the terms of this Agreement in accordance with this Agreement and the applicable laws of Ukraine.

7.2. The Seller shall not be liable for:

any changes made by the manufacturer to the appearance, configuration, or technical characteristics of the Product;
delays or interruptions in the provision of services, including order processing and delivery, caused by circumstances beyond the Seller’s control.

7.3. The Parties shall use their best efforts to resolve any disputes exclusively through negotiations.

OTHER TERMS

8.1. The Online Store reserves the right to amend this Agreement unilaterally, provided that any such amendments are published in advance on https://boosterbikes.com.ua/.

8.2. The Online Store is designed to facilitate the remote sale of goods via the Internet.

8.3. The Buyer shall be responsible for the accuracy of the information provided when placing an Order. By accepting this Agreement, including by placing an Order and making payment, the Buyer gives the Seller unconditional consent to collect, process, store, and use the Buyer’s personal data in accordance with the Law of Ukraine “On Personal Data Protection.”

8.4. Payment by the Buyer for an Order placed through the Online Store shall constitute the Buyer’s full acceptance of the terms of this sales agreement (public offer).

8.5. The effective date of the electronic agreement between the Parties shall be the date on which the terms are accepted, in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce.”

8.6. Browsing Products and placing Orders through the Website shall be free of charge for the Buyer.

8.7. Information provided by the Buyer shall be treated as confidential. The Online Store shall use such information solely for the purposes of processing the Order, sending notifications to the Buyer, delivering the goods, processing payments, and carrying out other actions related to fulfillment of the Order.

8.8. The Seller shall not be liable for the quality of public communication channels or for any interruptions in data transmission networks, including but not limited to the Internet, through which access to the Website is provided.

8.9. The Seller shall not be liable for:

minor discrepancies in the color of the Product resulting solely from differences in color rendering by monitors of various computer models;
the content or accuracy of the information provided by the User / Buyer when placing an Order;
delays or interruptions in the processing or delivery of the Product caused by circumstances beyond the Seller’s control;
unlawful actions committed by the User / Buyer through the use of Internet access provided to them;
the transfer by the User / Buyer of their network identifiers, including IP address, MAC address, login credentials, or password, to third parties.

8.10. When using Internet access provided to them, the User / Buyer shall independently bear responsibility for any damage caused by their actions, whether carried out personally or by another person using their login credentials, to other individuals or their property, legal entities, the state, or public morality.

8.11. Any complaint or claim submitted by the User / Buyer must be made in writing. The Seller shall take all necessary measures to resolve such complaint or claim, provided that it is justified and submitted in accordance with the applicable laws of Ukraine.

8.12. If any provision of this Agreement or of any related document becomes invalid or unlawful, the remaining provisions shall remain in full force and effect, and such invalid or unlawful provision shall be deemed excluded from the Agreement.

8.13. The headings used in this Agreement are included for convenience only and shall not affect the interpretation of any provision of this Agreement.

RETURN OF GOODS OF PROPER QUALITY

9.1. Return of goods to the Online Store shall be carried out in accordance with the applicable laws of Ukraine.

9.2. Return shipping costs for goods of proper quality shall be borne by the Buyer.

9.3. In the event that the Buyer returns goods of proper quality, the Online Store shall, upon actual receipt of the returned goods, refund the amount paid for the goods minus compensation for the Online Store’s delivery-related expenses incurred in shipping the goods to the Buyer.

9.4. The Buyer shall have the right to refuse the delivered Product of proper quality within 14 (fourteen) days from the date of receipt, provided that the Product’s commercial appearance, consumer properties, packaging, labels, and proof of payment are preserved. Proof of payment may include an electronic document, receipt, sales or cash receipt, ticket, coupon, or any other document confirming payment and indicating the date of settlement.

TERM OF THE AGREEMENT

10.1. This electronic agreement shall be deemed concluded from the moment the person who sent the proposal to enter into such agreement receives confirmation of acceptance in the manner prescribed by Part Six of Article 11 of the Law of Ukraine “On Electronic Commerce.”

10.2. Prior to the expiration of its term, this Agreement may be terminated by mutual consent of the Parties before the commencement of the actual delivery process, by means of a refund of the paid funds.

10.3. The Parties shall have the right to terminate this Agreement unilaterally in the event that one of the Parties fails to comply with the terms of this Agreement, as well as in other cases provided for by the applicable laws of Ukraine.

Please note that the online store “Booster”, on its official website https://boosterbikes.com.ua/, has the right, in accordance with the laws of Ukraine, to grant individual entrepreneurs and legal entities the right to use the online platform for the sale of goods.

FORCE MAJEURE

11.1. A Party shall be released from liability established under this Agreement and/or the applicable laws of Ukraine for complete or partial non-performance of this Agreement if it proves that such non-performance resulted from force majeure circumstances, provided that such circumstances have been duly certified in accordance with the procedure established by law.

11.2. For the purposes of this Agreement, force majeure circumstances shall mean extraordinary and unavoidable events arising independently of the will or intention of the Parties, which the Parties could neither foresee nor prevent, including but not limited to: fires, floods, earthquakes, landslides, other natural disasters and seasonal natural phenomena, including closure of roads, straits, mountain passes, and ports, as well as war, military actions, blockades, strikes, embargoes, and any other events or actions that make the performance of this Agreement impossible or materially hinder such performance.

11.3. A Party intending to rely on force majeure circumstances shall immediately notify the other Party of the existence of such circumstances and of their impact on the performance of this Agreement.

11.4. If force majeure circumstances and/or their consequences temporarily prevent the performance of this Agreement, the performance of this Agreement shall be suspended for the period during which such performance is impossible.

11.5. Confirmation of the existence of force majeure circumstances shall be provided by a certificate issued by the Chamber of Commerce and Industry of Ukraine or another duly authorized state authority located at the place where the force majeure circumstances occurred.

11.6. Upon the cessation of force majeure circumstances, the Party affected by such circumstances shall immediately notify the other Party thereof in writing. Such notice shall specify the period within which the affected Party expects to resume performance of its obligations under this Agreement.