General Provisions
1.1. This offer is an official proposal from kiborg.com.ua, hereinafter referred to as the "Seller," to enter into a Distance Sale Agreement for goods, i.e., through the Online Store, hereinafter referred to as the "Agreement," and places the Public Offer (proposal) on the Seller's official website "https://kiborg.com.ua/" (hereinafter - "Website").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to enter into an electronic sales agreement for goods is considered the fact of payment by the Buyer of the order under the terms of this Agreement, within the deadlines and at the prices specified on the Seller's Website.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* "Goods" - clothing, footwear, military equipment, tourist equipment, and other items;
* "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce," a means for presenting or selling goods, works, or services through the execution of an electronic agreement.
* "Seller" - the company that sells the goods presented on the Website.
* "Buyer" - an individual or legal entity that has entered into an Agreement with the Seller under the terms set forth below.
* "Order" - the selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.
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 under the terms of this Agreement.
This Agreement governs the purchase and sale of goods in the Online Store, including:
- voluntary selection of goods by the Buyer in the Online Store;
- independent placement of the order by the Buyer in the Online Store;
- payment by the Buyer for the order placed in the Online Store;
- processing and delivery of the order to the Buyer into ownership under the terms of this Agreement.
Order Placement Procedure
4.1. The Buyer has the right to place an order for any goods presented on the Online Store Website and available in stock.
4.2. Each item may be included in the order in any quantity.
4.3. In case of absence of the goods in stock, the Company Manager is obliged to inform the Buyer (by phone or email).
4.4. In case of absence of the goods, the Buyer has the right to replace it with a similar model, refuse this goods, or cancel the order.
Order Payment and Delivery Procedure
5.1. Payment is made in Ukrainian hryvnia. Detailed payment terms are in the corresponding section on the website or at the link: https://kiborg.com.ua/oplata-i-dostavka/
5.2. Delivery of goods purchased in the Online Store is carried out by agreement with the Buyer. More details about delivery methods in the corresponding section on the website or at the link: https://kiborg.com.ua/oplata-i-dostavka/
Rights and Obligations of the Parties:
6.1. The Buyer has the right:
- to place an order in the Online Store or by phone;
- to demand from the Seller the fulfillment of the terms of this Agreement.
6.2. The Buyer is obliged:
- to timely pay for and receive the order under the terms of this agreement.
6.3. The Seller has the right:
- to unilaterally terminate the shipment of goods under this agreement in case of violation by the Buyer of the terms of this agreement.
Liability of the Parties
8.1. The Parties are liable for non-fulfillment or improper fulfillment of the terms of this agreement in the manner provided for by this agreement and the current legislation of Ukraine.
8.2. The Seller is not responsible for:
- the changed appearance of the Goods by the manufacturer;
- minor discrepancies in the color scheme of the goods, which may differ from the original goods solely due to different color rendering on monitors of individual personal computer models;
- the content and accuracy of the information provided by the Buyer when placing the order;
- delays and interruptions in the provision of Services (order processing and goods delivery) that occur due to reasons beyond its control;
- unlawful illegal actions committed by the Buyer using this access to the Internet;
- the transfer by the Buyer of their network identifiers - IP, MAC-address, login, and password to third parties;
8.3. The Buyer, using the provided access to the Internet, independently bears responsibility for the damage caused by their actions (personally, even if another person was under their login) to persons or their property, legal entities, the state, or moral principles of morality.
8.4. In the event of force majeure circumstances, the parties are released from fulfilling the terms of this agreement. For the purposes of this agreement, force majeure circumstances are understood as events of an extraordinary, unpredictable nature that exclude or objectively prevent the fulfillment of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.