Public Offer Agreement
Public Offer Agreement
1.1. This offer is the official proposal of the recording studio “ASP-RECORDS” in the person of Petrykov Olexander, hereinafter referred to as the “Seller”, to conclude a contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the “Agreement”, and places the Public Offer (offer) on the Seller’s official website “https://asp-records.com/ (hereinafter referred to as the“ Website ”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract for the sale of goods, is considered the fact of payment by the Buyer of the order on the terms of this Contract, in terms and prices specified on the Seller’s Internet site.
Concepts and definitions
2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:
* “Product” – intellectual property of musical works;
* “Online store” – in accordance with the Law of Ukraine “On e-commerce”, a means for the presentation or sale of goods, works or services by making an electronic transaction.
* “Seller” is a company selling goods presented on the Internet site.
* “Buyer” – an individual who has entered into a contract with the Seller under the conditions set forth below.
* “Order” – the selection of individual items from the list of goods specified by the Buyer when placing an order and making a payment.
Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods to the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
The present Agreement governs the purchase and sale of goods in the online store, including:
– Buyer’s voluntary choice of goods in the online store;
– self-registration by the Buyer order in the online store;
– Buyer’s payment of the order issued in the online store;
– Processing and delivery of the order to the Buyer in the property under the terms of this Agreement.
4.1. The Buyer has the right to place an order for any product presented on the Website of the Online Store and is available.
4.2. Each item can be represented in the order in a single number.
5.1. Payment is made in the amount of 100% of the cost of the goods.
5.2. If you do not receive cash, the online store reserves the right to cancel the order.
Terms of order delivery
6.1. Delivery of goods purchased from the online store is carried out by self-downloading from the store of digital goods according to the procedure provided on the site.
Rights and obligations of the parties:
7.1. The seller has the right to:
– unilaterally suspend the provision of services under this contract if the buyer breaches the terms of this contract.
7.2. The buyer has the right to:
– place an order in the online store;
– require the Seller to comply with the terms of this Agreement.
Responsibility of the parties
8.1. The parties are responsible for the non-fulfillment or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.
8.2. The seller is not responsible for:
– for the content and veracity of the information provided by the Buyer when placing an order;
– for delays and interruptions in the provision of Services (order processing and delivery of goods), which occur for reasons beyond its control;
– for unlawful illegal actions carried out by the Buyer using this access to the Internet;
– for the transfer by the Buyer of their network identifiers – IP, MAC address, login and password to third parties;
8.3. The buyer, using the Internet access granted to him, is independently responsible for the harm caused by his actions (personally, even if there was another person under his login) to the persons or their property, legal entities, the state or moral principles of morality.
8.4. In the event of force majeure, the parties are exempt from the conditions of this contract. Under the circumstances of force majeure for the purposes of this contract are understood as events that are of an extraordinary, unforeseen nature, which exclude or objectively impede the execution of this contract, the occurrence of which the Parties could not foresee and prevent in reasonable ways.
8.5. The parties make every effort to resolve any differences only through negotiations.
9.1. The online store reserves the right to unilaterally make changes to this agreement subject to prior publication of it on the site https: //asp-records.com
9.2. The online store was created to organize a remote way to sell goods via the Internet.
9.3. The buyer is responsible for the accuracy of the information specified when ordering. At the same time, when making an acceptance (placing an order and then paying for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage and use of his personal data, in the understanding of the Law of Ukraine “On Personal Data Protection”.
9.4.Payment by the Buyer of an order placed at the online store means that the Buyer fully consents to the terms of the contract of sale (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the conditions, in accordance with Art. 11 of the Law of Ukraine “On e-commerce”
9.6. The use of the resource of the online store for previewing the goods, as well as for placing an order for the Buyer is free.
9.7. Information provided by the Buyer is confidential. The online store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, carrying out settlements, etc.
The procedure for the return of goods of good quality
10.1. Return of goods to the online store is not provided, due to a specific type of goods.
11.1.The electronic contract is considered to be concluded from the moment of receipt by the person who sent the proposal to conclude such an agreement, a response on the acceptance of this proposal in the manner specified in part six of Article 11 of the Law of Ukraine “On electronic commerce”.
11.2.Before the expiration of this term, this Agreement may be terminated by mutual agreement of the parties until the moment of actual payment for the goods.
11.3. The parties have the right to terminate this agreement unilaterally, if one of the parties fails to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.