Public offer agreement
WEBSITE TERMS AND CONDITIONS
These terms and conditions are the regulations of this Website using. When using the Website you agree to the following terms:
GENERAL TERMS AND CONDITIONS
We reserve the right to make changes to the rules of using the Website, we can change, add or delete information that may contain any content. After the changes have made your further work with the Website means your agreement to follow the basic principles of Website use.
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
All materials, including images, photographs, drawings, icons and textual information on Website are protected by copyright and are intellectual property rights owned by O.C.C. LLC. All trademarks, product names, company names, and logos are the property of their respective owners and are intended for personal, non-commercial use. It is prohibited to reproduce, publish, transfer, distribute, change, display, sell or participate in the sale of the materials of the Website without the prior written consent of O.C.C. LLC.
PRICES
The prices displayed on the Site or in the documents are regulated by the terms of use of the PROF1 Group Website and may be changed without prior notice as provided by current legislation.
Public offer agreement
1. General provisions
1.1. This offer is official offer of O.C.C. LLC., hereinafter referred to as the "Seller", placing the Sale and Purchase Agreement of goods remotely, i.e. through the Internet store, hereinafter referred to as the "Agreement", which places this Public Offer on the official website of the Seller "http://prof1group.ua" (hereinafter - the "Website").
1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller’s proposal to conclude an electronic Sale and Purchase Agreement of goods is considered the fac of payment by the order’s Buyer under the terms of this Agreement, within the time and at the prices specified on the Seller’s Internet site.
1.3. The Buyer, who has paid for the order under the terms of this Agreement, may withdraw his consent to the conclusion of the electronic Purchase and Sale Agreement of goods by notifying the Seller until the moment of receipt of the funds paid by the Buyer as payment for the value of the order under the terms of this Agreement to the bank account of the latter.
1.4. The Seller is obliged to conclude an electronic Purchase and Sale Agreement of goods with the Buyer from the moment the funds paid by the Buyer as payment for the price of the order under the terms of this Agreement are received in their bank account.
1.5. The Seller may withdraw their Public Offer to enter into a Purchase and Sale Agreement of goods with the Buyer under the terms of this Agreement, notifying the Buyer until the funds paid by the Buyer as payment for the order under the terms of this Agreement are received in the Seller's bank account.
2. Concepts and Definitions
2.1. In this Offer, unless the context otherwise requires, the following terms have the meaning:
• Goods - models, accessories, components and accompanying items;
• Internet store – according to the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, work or services by making an electronic transaction;
• The Seller – the company which implements goods presented on Internet site;
• The Buyer – natural person who 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 the order and making payment.
3. Subject matter of Agreement
3.1. The Seller undertakes to hand over the Goods to Buyer and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement
This Agreement regulates a Purchase and Sale of goods in Internet store, including:
• freewill choice of goods by the Buyer in Internet store;
• independent registration of the order by the Buyer in Internet store;
• purchase the order by the Buyer issued in Internet store;
• processing and delivery of the order to the to the Buyer under the terms of this Agreement.
4. Order registration procedure
4.1. The Buyer has the right to place an order for any product presented and available on the Internet store Website.
4.2. Each item can be ordered in any quantity.
4.3. If the goods are not in stock the Seller’s Manager is obliged to inform the Buyer (by phone or e-mail).
4.4. If the goods are not in stock the Buyer has the right to replace it with goods of a similar model, with another goods taking into account the relevant mutual calculations or to refuse this product and cancel the order.
4.5. If the customer has made several orders then such orders are placed in the queue before dispatch and cannot be combined into one parcel. Each order will be sent in a separate shipment.
4.6. When ordering "payment control (pay on delivery)", even if the customer did not indicate to call back, we will contact you for confirmation. If confirmation is not received, we will not ship the order.
4.7. If the customer used the "payment control (pay on delivery)" service then we can send goods to the customer twice with this service. If he does not pick up any of the shipments twice, then the third order, even if he order is placed with this service, we will not be able to ship, but will send an invoice for payment.
5. Order payment procedure
5.1. The goods are paid in cash in hryvnia upon receipt at the transport company’s branch – post-paid (payment control).
5.2. If after the Buyer has paid 100% of the price of the goods through the payment system operator or through the bank according to the details of Seller, which are specified in the invoice, the funds have not arrived in the bank account of the Seller - the latter reserves the right not to conclude an electronic contract of sale of the goods and not to transfer the goods.
6. The order delivery terms
6.1. The delivery of goods to Buyers purchased in the online store is carried out by the means of transport companies to the agreed delivery points of the goods and in the case of 100% advance payment of the cost of the goods it is delivered to the address agreed by the Buyer.
6.2. Together with the purchased goods and in accordance with the legislation of Ukraine the Buyer is provided with documents.
7. Client Messaging
7.1. Consent to Receive Messages.
By registering on our website or making a purchase, the Buyer consent to receive messages from the Seller, including but not limited to:
• order confirmations;
• delivery status updates;
• important administrative notifications;
• marketing and promotional messages (with separate consent).
7.2. Types of Messages.
The Seller may contact the Buyer via:
• email;
• SMS or other text messages;
• push notifications (with the Buyer permission);
• messaging apps (e.g., Viber, WhatsApp – with the Buyer consent).
7.3. Unsubscribing from Marketing Messages.
The Buyer may opt out of receiving marketing communications at any time by clicking the "Unsubscribe" link included in each message or by contacting customer support.
7.4. Limitation of Liability.
The Seller are not responsible for delays or non-delivery of messages caused by technical failures, third-party actions, or errors in the contact information you provided.
7.5. Personal Data Protection.
All messages are sent in accordance with our Privacy Policy and applicable data protection laws (e.g., GDPR or the Law of Ukraine "On Personal Data Protection").
8. Parties rights and obligations
8.1. The Seller has right to:
• unilaterally terminate the fulfillment of their obligation under this Agreement in case of non-fulfillment or improper fulfillment by the Buyer of the terms of this Agreement.
8.2. The Buyer is obliged:
• to pay the order price in a timely manner and receive the goods under the terms of this Agreement.
8.3. The Buyer has right to:
• to place an order in Internet store;
• to require the Seller to fulfill the terms of this Agreement.
9. Parties responsibility
9.1. Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner stipulated by this Agreement and the current legislation of Ukraine.
9.2. The Seller is not responsible for:
• the appearance of the goods changed by the manufacturer;
• a slight discrepancy between the color gamut of the sold product and the color gamut of the product ordered by the Buyer which can occur exclusively due to different transmission of the color spectrum by different monitors due to their different settings as well as the technical characteristics of personal computer monitors of individual models;
• the content and truthfulness of the information provided by Buyers when placing an order;
• the delays and interruptions in the provision of Services (order processing and goods delivery) that occur for reasons beyond his control;
• any illegal actions committed by the Buyer using this Internet site or using the information or other means of the Seller's online store;
• transfer by the Buyer of their network identifiers - IP, MAC address, login and password to third parties.
9.3. The Buyer using the service of this Website or the online store of the Seller is independently responsible for losses or damage caused to the Seller or third parties by the their actions or inaction.
9.4. In case of force majeure, the parties are released from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unforeseen nature, which exclude or objectively interfere with the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable.
9.5. The parties shall make every effort to resolve any disagreements exclusively through negotiations.
10. Other conditions
10.1. The Internet store reserves the right to unilaterally make changes to this Agreement provided to its prior publication on the website https://prof1group.ua.
10.2. The Internet store has created to organize a remote method of selling goods via the Internet.
10.3. The Buyer is responsible for the accuracy of the information specified when placing the order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage and use of their personal data in the sense of the Law of Ukraine "On the Protection of Personal Data".
10.4. The Order payment made by the Buyer in the online store means the Buyer's full agreement with the terms of the purchase and sale Agreement (public offer).
10.5. The actual date of conclusion of the electronic purchase and sale Agreement between the parties is the date of acceptance of the conditions in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce".
10.6. The use of the online store resource to preview the product, as well as to place an order for the Buyer, is free of charge.
10.7. The information that the Buyer provides to the Seller is confidential. The Seller uses information about the Buyer exclusively for the purpose of processing the order, sending messages to the Buyer, delivering goods, making mutual settlements, etc.
11. The procedure of returning goods of appropriate quality
11.1. The return of goods to the online store is carried out in accordance with the current legislation of Ukraine.
11.2. The return of goods to the online store is carried out at the expense of the Buyer.
11.3. If the Buyer returns the goods of appropriate quality the online store returns the amount paid for the goods. Refunds are made to the customer within 5 working days.
12. Agreement term
12.1. The electronic purchase and sale Agreement of goods is considered concluded from the moment that occurred earlier in time:
a) from the moment of receipt of funds paid by the Buyer as payment for the cost of the order under the terms of this Agreement to the Seller's bank account;
b) from the moment of receipt goods by the Buyer.
12.2. Prior to the Agreement expiration this Agreement may be terminated by mutual consent of the parties prior to the actual delivery of the goods by returning funds to the Buyer.
12.3. The parties have the right to terminate this agreement unilaterally in case of non-fulfillment of the terms of this Agreement by one of the parties and in the cases provided for by the current legislation of Ukraine.