User Agreement
General provisions.
1.1. This offer is an official proposal of the Private Individual Nikitska N.S., hereinafter referred to as the Seller, to conclude a distance purchase and sale agreement for goods through the Internet store, hereinafter referred to as the Agreement, and publishes a public offer (proposal) on the Seller's official website https://babylon.net.ua.
Definitions and terms.
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
* Goods - goods, components, and related items;
* Internet store - in accordance with the Law of Ukraine On Electronic Commerce, a means of presenting or selling goods, work, or services by concluding an electronic agreement.
* Seller - a company that sells goods presented on the Internet site.
* Buyer - an individual who has entered into an Agreement with the Seller on the terms set forth below.
* Order - the selection of individual items from the list of goods specified by the Buyer when placing an 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 on the terms of this Agreement.
This Agreement regulates the purchase and sale of goods in the Internet store, including:
- the voluntary selection of goods by the Buyer in the Internet store;
- the Buyer independently placing an order in the Internet store
- the Buyer paying for the order placed in the Internet store
- processing and delivery of the order to the Buyer under the terms of this agreement.
Order processing.
4.1. The Buyer has the right to place an order for any goods available on the Internet store's Site.
4.2. Each item can be ordered in any quantity.
4.3. In case of the goods' unavailability in stock, the Company's Manager is obliged to inform the Buyer (by phone or email).
4.4. In case of the goods' unavailability, the Buyer has the right to replace it with a similar model, refuse this item, or cancel the order.
Order payment procedure.
Payment methods.
5.1. Payment is made upon receipt of the goods at the transport company's branch in cash in hryvnias.
5.2. Payment is made upon receipt of the goods in cash upon delivery by a courier service in Kharkiv.
5.2. Payment is made to PrivatBank card (prepayment).
5.3. In case of non-receipt of funds, the Internet store reserves the right to cancel the order.
Order delivery terms.
6.1. Delivery of goods purchased in the Internet store is carried out to the transport companies' warehouse or to the recipient's door.
6.2. Along with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine (Waybill or sales receipt).
Rights and obligations of the parties:
7.1. The Seller has the right:
- unilaterally terminate the provision of services under this Agreement in case of the Buyer's violation of the terms of this agreement.
7.2. The Buyer is obliged:
- to timely pay for and receive the order under the terms of this Agreement.
7.3. The Buyer has the right:
- to place an order in the Internet store.
- to conclude an electronic Agreement.
- to demand the Seller to fulfill the terms of this Agreement
Responsibility of the parties.
8.1. The parties are responsible for non-performance or improper performance of the terms of this agreement in the manner provided by this agreement and the current legislation of Ukraine.
8.2. The Seller is not responsible for:
- changes in the appearance of the Goods made by the manufacturer.
- slight discrepancies in the color scheme of the goods, which may differ from the original product solely due to different color rendering of monitors of individual models of personal computers
- the content and accuracy of the information provided by the Buyer when placing an order
- delays and interruptions in the provision of services (order processing and delivery of goods) due to reasons beyond its control.
- unlawful actions committed by the Buyer using this Internet access.
- the Buyer transferring their network identifiers - IP, MAC addresses, login, and password to third parties.
8.3. The Buyer, using the Internet access provided to them, is solely responsible for the damage caused by their actions (personally, even if another person was using their login) to individuals or their property, legal entities, the state, or moral principles of morality.
8.4. In case of force majeure circumstances, the parties are released from the performance of the terms of this agreement. Force majeure circumstances for the purposes of this agreement are events of an extraordinary, unforeseen nature that exclude or objectively impede the performance of this agreement, the occurrence of which the parties could not foresee and prevent by reasonable means.
8.5. The parties make every effort to resolve any discrepancies solely through negotiations.
Other terms.
9.1. The Internet store reserves the right to unilaterally make changes to this agreement by publishing it on the site https://babylon.net.ua. The Internet store is created to organize the remote sale of goods through the Internet.9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. In this regard, when accepting (placing an order and further payment for the goods), the Buyer gives their unconditional consent to the collection, processing, storage, and use of their personal data by the Seller in the understanding of the Law of Ukraine On Personal Data Protection.
9.4. The Buyer's payment for the order placed in the Internet store implies full agreement with the terms of the purchase and sale agreement (public offer).
9.5. The actual 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. The use of the Internet store's resource to view goods and place orders for the Buyer is free of charge.
9.7. The information provided by the Buyer is confidential. The Internet store uses the Buyer's information solely for order processing, sending messages to the Buyer, delivering goods, conducting settlements, etc.
Procedure for returning goods of proper quality
10.1. The return of goods to the Internet store is carried out in accordance with the current legislation of Ukraine. Goods of proper quality are not subject to exchange and return, according to the Law On Consumer Rights Protection.
10.2. The return of goods to the Internet store is at the Buyer's expense.
10.3. When the Buyer returns goods of proper quality, the Internet store refunds the amount paid for the goods to the Buyer upon the return of the goods, minus the compensation for the Internet store's expenses related to delivering the goods to the Buyer.
Term of the agreement
11.1. The electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response accepting this proposal in the manner determined by the sixth part of Article 11 of the Law of Ukraine On Electronic Commerce.
11.2. Before the end of the term, this Agreement can be terminated by mutual consent of the parties until the actual delivery of the goods by refunding the funds.
11.3. The parties have the right to unilaterally terminate this agreement in case of non-compliance by one of the parties with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
Please note that the online store Babylon on the official website https://babylon.net.ua has the right, in accordance with the legislation of Ukraine, to provide the right to use the Internet platform to individual entrepreneurs and legal entities for the sale of goods.