Public offer

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PUBLIC OFFER

1. GENERAL PROVISIONS
1.1. All of the following is a public offer (proposal) of AV Metal Group Limited Liability Company to conclude a contract of sale of goods in an online store on the site https://steel.avmg.ua.
1.2. The relations concerning the conclusion of the contract under the terms of this offer are governed by the provisions of the current legislation of Ukraine, in particular the Civil Code of Ukraine No. 435-IV1 of January 16, 2003, the Law of Ukraine "On Electronic Commerce" No. 675-VIII of September 3, 2015, the Law of Ukraine “Protection of Consumer Rights ”No. 1023-XII of May 12, 1991 and others.
1.3. The offer contains all the essential terms of the contract of sale of goods in the online store on the site https://steel.avmg.ua and expresses the intention of AV Metal Group Limited Liability Company to consider itself obliged in case of its acceptance by the buyer.
1.4. This offer is a proposal for the conclusion of the contract of sale, which contains the features 1) of the public contract in accordance with Art. 633 of the Civil Code of Ukraine - the proposed terms of the contract are the same for all persons; 2) the contract of accession in accordance with Art. 634 of the Civil Code of Ukraine - the other party cannot offer its terms of the contract.
1.5. The scope of this proposal applies to all persons who use the online store website at https://steel.avmg.ua.
2. DEFINITION OF TERMS
2.1. Online store — means for presenting or selling the Goods by making an electronic transaction. The seller's online store is available online at https://steel.avmg.ua .
2.2. Contract — the contract of sale of the Goods concluded by the Seller's proposal (offer) to conclude the contract and acceptance of the proposal (acceptance) by the Seller.
2.3. Offer — the proposal to conclude the contract containing all the essential terms of the contract of sale of the Goods in the online store of the Seller on the site https://steel.avmg.ua .
2.4. Acceptance — the response of the person, to whom the proposal is addressed to conclude a contact, on its acceptance, provided in the order specified by this offer (placing an order).
2.5. Goods\Product — all products offered for sale in the Seller's online store. Information about the Product (type, brand, manufacturer, size, specifications, price and other features) is available on the online store's website in the Product Catalog section.
2.6. Seller — AV Metal Group Limited Liability Company, identification code (EDRPOU code) - 36441934.
Location information, communications, and other necessary information about the Seller is available in the Contacts section of the online store https://steel.avmg.ua .
2.7. Buyer — any individual, entrepreneur, legal entity that has accepted this public offer in the manner provided by this offer.
3. SCOPE OF THE CONTRACT
3.1. Under the Contract, the Seller is obliged to transfer the Goods to the Buyer, and the Buyer is obliged to accept the Goods and pay for them under the terms of this Contract.
3.2. The assortment, grades, total quantity of the Goods, the price per unit of the Goods and the total cost of each individual batch of the Goods, as well as the terms of payment and delivery of the Goods are determined in the Buyer's orders, agreed (accepted) by the Seller in accordance with the terms of this Contract.
3.3. The Seller warrants that he is the owner of the Goods sold under this Contract and that the Goods are not alienated in any way to third parties.

3.4. If necessary and with additional agreement with the Buyer, the Supplier hereunder provides related services - cutting, loading, unloading, packaging, transportation services, etc.
3.5. The Contract shall be deemed concluded from the moment the Seller agrees with the Buyer's order, executed in accordance with the procedure specified in Section 4 of this Contract (offers).
4. PROCEDURE FOR ORDERING AND ORDER CLEARING
4.1. The Buyer's order, executed in the way determined by this Contract, is a complete and unconditional answer (acceptance) of adopting of the Seller's proposal to conclude the Contract.
4.2. In order to place an order, the Buyer must register at the online store site and log in to his Personal Account or place an order in one click without first registering (in this case, registration on the site will be made automatically when ordering).
4.3. For registration on the site the Buyer is obliged to define for himself a login and password, as well as to provide the following information about himself: name and surname; email address; telephone for contact.
4.4. The Buyer places an order for the purchase of the Goods in the online store by clicking a button “Checkout” in the section “Shopping Cart”. The Goods is added to the “Shopping Cart” by clicking “Order” opposite the corresponding Product in the Catalog.
4.5. While forming an order, the Buyer fills in (selects) all the information provided in the electronic order form, namely: determines the type and quantity of the Goods that wish to purchase, enters (selects) information about the terms and delivery address, the terms of payment, specifies information about himself.
4.6. Product information provided on the website of the online store is informational in nature and cannot be construed as fully conveying all properties and characteristics of the Product. In the case of questions about the range and characteristics of the Goods, payment and delivery, the Buyer may, before placing an order, consult the Seller's representative by calling the hotline (056) 790-01-22, or using the service “Call back”, or by writing to customer support through the service “Customer support”, or by contacting the Operator in an online chat on the site https://steel.avmg.ua .
4.7. Upon receipt of the order placed by the Buyer, the Seller's representative calls the Buyer to clarify all details of the order and to confirm the acceptance of the order by the Seller.
4.8. In case the Seller does not have the Goods ordered by the Buyer, the Seller has the right to exclude such Goods from the order, or to cancel the order by sending the Buyer an e-mail to the e-mail address specified when placing the order, and additionally notifying the Buyer by telephone.
4.9. The fact that confirms the Seller's acceptance of the Buyer's order is to provide the Buyer with an invoice for payment of the ordered Goods and agreed by the Seller by sending the specified invoice to the Buyer's e-mail address specified at the time of placing the order.
5. PRODUCT PRICE
5.1. The Product Price is indicated next to the relevant Product at https://steel.avmg.ua. For some types of Goods the price information on the site is not specified, and is reported by the Seller's representative to the Buyer upon the Buyer’s request. The Product Price is determined at the time of conclusion of the Contract (confirmation of the Buyer's order by the Seller). The Product Price shall be specified by the Seller's representative upon approval of the order and shall be reflected in the Seller's invoice for payment and shipping documents.
5.2. In the event that the Product is sold at a discount, information about the availability and size of the discount is posted on the website of the online store. Personal discount information and possible loyalty programs may also be posted in the Buyer's Personal Account.
5.3. The Seller has the right to change the Product Price unilaterally by posting the relevant information on the site https://steel.avmg.ua. Such changes take effect from the moment they are posted on the website of the online store.
5.4. The Product Price, the purchase order of which was formed by the Buyer and agreed by the Seller by invoicing for payment, is not subject to change, except in the cases provided in clause 6.3. of this Contract.
6. PROCEDURE FOR PAYMENT OF GOODS
6.1. Payment for the Goods under the Contract shall be made by the Buyer only on condition of 100% prepayment on the basis of the invoice received from the Seller.
6.2. The Buyer pays for the Goods by transferring funds to the Seller's current account from his current account or by other means of payment indicated on the online store in the Section “Payment”.
6.3. The cost of delivery of the Goods is determined in accordance with the applicable tariffs agreed by the Parties of the carrier company. The representative of the Seller informs the Buyer about the cost of the Goods delivery by e-mail and telephone in the process of approval of the order placed by the Buyer on the website of the online store. The shipping cost is included in the total cost of the Goods and is paid by the Buyer to the Seller in the manner specified in clause 6.1. of the Contract.
6.4. The Buyer is obliged to make payment for the Goods within 1 (one) calendar day from the date of receipt of the corresponding invoice for payment from the Seller. In the case of late payment by the Buyer of the invoice received from the Seller, the Seller may either refuse to fulfill the relevant order, or issue a new invoice indicating the new value of the Goods in it according to the Product Price formed on the day of invoicing. 6.5. The Buyer's obligations to pay for the Goods shall be deemed to have been fulfilled from the moment the funds are credited to the Seller's current account.
7. DELIVERY TERMS AND CONDITIONS
7.1. The Seller's obligation to deliver the Goods to the Buyer arises from the moment the Seller agrees with the Buyer's order and the Buyer makes payment for the relevant consignment of the Goods.
7.2. Terms and conditions of delivery shall be agreed by the Parties on a case-by-case basis and shall be recorded in the Buyer's order for delivery of the Goods confirmed by the Seller.
7.3. The Buyer may receive the Goods at one of the Seller's warehouses, or order the delivery of the Goods to one of the shipping companies which the Seller cooperates with. You can find more details about the possible ways of delivery of the Goods under this Contract on the website of the online store in the section “Delivery”.
7.4. Along with the Goods, the Seller shall provide the Buyer with an original invoice for payment of the Goods, an expenditure invoice, a freight invoice, a copy of the manufacturer's quality certificate for the Goods, as well as all other documents, which are obligatory for submission along with the corresponding type of the Goods in accordance with the current legislation of Ukraine.
7.5. The date of delivery of the Goods is the date of signing by the Parties of the expenditure invoice for the Goods.
7.6. The ownership of the Goods shall be transferred from the Seller to the Buyer from the moment of transferring the Goods to the Buyer at the Seller's warehouse or at another place of delivery (in case of delivery of the Goods by the carrier company) and signing by the Parties of the expenditure invoice for the Goods.
7.7. All risks of loss and / or damage of the Goods pass from the Seller to the Buyer from the moment of Product receipt by the Buyer at the Seller's warehouse or from the moment of delivery the Product by the Seller to the first carrier (if the Parties agree to deliver the Goods to the respective delivery point by the carrier company).
7.8. Acceptance of the Goods by quantity and quality is carried out at the place of delivery of the Goods from the Seller (carrier) to the Buyer. Upon Product receipt, the Buyer must ascertain its external integrity and proper quantity by inspecting the Goods and the contents of the packaging.
7.9. In case of defects / damages, deficiency of the Goods in the process of their acceptance, the Seller shall fix them in an act, which must be signed along with the Buyer by the person directly delivering as well (representative of the carrier company or the person responsible for delivering the Goods in the warehouse of the Seller). The identified shortcomings should be fixed by means of photo, video.
Upon the completion of the above act, the Buyer has the right to: 1) either refuse from the delivery of the Goods and demand from the Seller a refund of the costs paid for the Goods (the Buyer sends the relevant statement to the Seller), or 2) to require the Seller to replace / deliver the Goods in accordance with the order, which was previously agreed by the Seller.
7.10. The Parties agreed that in case of default on commitments of the procedure specified in clause 7.8. and clause 7.9., the Goods are recognized as being received in good condition - in the proper quantity, assortment and without any damages and defects that may have been revealed during inspection of the Goods. Upon signing the expenditure invoice for the Goods by the Buyer, the claims concerning the quantity, completeness, appearance of the Goods are not considered by the Seller.
7.11. In the absence of the Buyer at the delivery address specified by the Buyer in the order, or in the case of unjustified refusal of the Buyer to receive the Goods upon delivery by the courier of the carrier company, or in case the Buyer does not receive (does not take) the Goods in the office (at the warehouse , at the point of dispatch) of the shipping company, the Goods are returned to the Seller's warehouse. In this case, the payment for the services of the carrier company and other costs of the Seller related to the delivery and return of the Goods are deducted from the amount transferred by the Buyer for the Goods, and the rest of the amount is returned to the Buyer on the basis of his letter (indicating full name / company name, identification number (EDRPOU code) of the Buyer and the current account to which the funds should be transferred) to the Seller at 49044, Dnipro, P.O.B. 2763.
8. RETURN OF GOODS
8.1. According to the provisions of the Law of Ukraine “Consumer Protection”, the Buyer-private person has the right to return the Product of good quality to the Seller within 14 (fourteen) calendar days from the date of delivery, if he did not satisfy with it in form, dimensions or if, for other reasons, may not be used by the Buyer for the intended purpose, and demand from the Seller a refund of paid costs for such Goods.
8.2. The Buyer-legal entity or the Buyer-natural person has the right to return the Goods to the Seller within 14 (fourteen) calendar days from the date of delivery in case the Buyer discovers the improper quality of the Goods or the inability to use the Goods for the purpose in their business activities due to inappropriate parameters and technical specifications, characteristics, and to require the Seller to refund the money paid for such Goods.
8.3. Return of the Goods by the Buyer to the Seller and refund by the Seller to the Buyer of costs paid for such Goods shall be made in the following order:
8.3.1. In case of defects in the delivered Goods or the inability to use the Goods for the intended purpose, the Buyer immediately informs the Seller by phone about the detection of the non-conformity of the Goods and sends to the Seller an e-mail with a scanned copy of the completed Return of Goods Claim, stating the reason for the return, with the description of the identified defects and confirming the delivery and payment of the Goods as well as photographs showing the relevant defects of the Goods. The Buyer shall also send to the Seller, along with the Return of Goods Claim, a refund request for the Goods paid, indicating the Buyer information and payment details necessary for the Seller to transfer the funds to the Buyer.
8.3.2. The Seller shall consider the Buyer’s Return of Goods Claim, mentioned in the clause 8.3.1., and notifies the Buyer (by sending an e-mail as well as with a possible additional notification by phone) that the Goods can be returned. Return of the Goods to the Seller shall be made at the expense of the Buyer in the same way as the Goods were delivered (at the Seller's warehouse or through the relevant delivery service / carrier).
8.3.3. Returned Goods must not be in use, must have no signs of exploitation, any damage (except those declared by the Buyer and confirming the inappropriate quality of the Goods), it has labels, tags, stickers, markings and other means of identification (if provided for a particular type of Goods) and must be returned in the packaging in which it was shipped (if available).
8.3.4. The Buyer along with the Goods sends to the Seller the original Returns of Goods Claim and the Statement for Refund, as well as documents confirming the fact of purchase of the Goods in the Seller's online store, namely: invoice, bill of lading, receipt / payment order / check confirming payment for the Goods.
8.3.5. In contradictory cases where to verify the presence of traces of exploitation of the Goods, confirmation that the Buyer returned exactly the Goods delivered under this Contract, or to determine the causes of damage / defects of the Goods, an official expert assessment is required, the Seller has the right to order the relevant examination and consider the Buyer's claim in accordance with the expert opinion received. In doing so, the Seller reserves the right to claim compensation from the Buyer for the cost of the said expertise.
8.3.6. Refunds to the Buyer shall be made by the Seller in a non-cash manner by transferring funds to the Buyer's current account, the details of which shall be specified in the Buyer's Statement for Refund.
8.4. The Seller accepts the Goods from the Buyer and refunds to the Buyer the costs only if the Buyer's request for the return of the Goods to the Seller and the receipt of the money paid for such Goods has been sent to the Seller before the expiration of the term specified in clause 8.1. and clause 8.2. of the Contract.
8.5. The procedure for returning the Goods is specified in more detail on the website of the online store in the section “Return of Goods”.
9. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. Seller’s obligations:
9.1.1. To execute the Buyer's order in case of acceptance of such order, availability of the relevant Goods and payment from the Buyer for the Goods as it is specified by this Contract.
9.1.2. Ensure that the Goods are of good quality, which must meet the established state standards and specifications which are in force in Ukraine.
9.1.3. Provide the Buyer with all the supporting documents specified in clause 7.4. of the Contract along with the Goods.
9.2. Seller's rights:
9.2.1. To refuse to conclude the Contract in case it lacks the ability to sell (deliver) to the Buyer the relevant Goods.
9.2.2. Suspend the sale (delivery) of the Goods to the Buyer in case the Buyer breaches his obligations under this Contract.
9.2.3. Require the Buyer to duly fulfill his obligations under the Contract, in particular regarding the provision of reliable and complete information necessary for the conclusion of the Contract and the execution of the order, as well as for payment for the Goods.
9.3. Buyer’s obligations:
9.3.1. Before placing an order for the supply of the Goods, read all the information about the Goods indicated on the website of the online store and all the terms of this Contract (offer).
9.3.2. Properly pay for the Goods under the terms and conditions provided in this Contract.
9.3.3. To accept the Goods specified in the order and paid at the point of delivery according to the conditions of delivery specified in the order.
9.4. Buyer’s rights:
9.4.1. Obtain the Goods individually or through a representative whose powers are duly confirmed in accordance with the requirements of applicable law.
9.4.2. To refuse acceptance of the Goods in case of inconsistency of its characteristics with the data specified in the order for delivery of the Goods and supporting documents agreed by the Seller.
9.4.3. To exercise other rights stipulated by this Contract and the current legislation of Ukraine.
10. RESPONSIBILITIES OF THE PARTIES
10.1. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.
10.2. The Seller or the Buyer shall be released from liability for full or partial non-fulfillment of their obligations if the non-compliance is due to such insurmountable circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, change of customs rules , restrictions on imports and exports that arose regardless of the will of the Seller and / or Buyer after the conclusion of this Contract. The Party which is unable to fulfill its obligations shall immediately notify the other Party thereof and shall provide documents certifying that such circumstances have been issued by the authorities empowered to do so.
10.3. The Seller shall not be liable for the improper, untimely fulfillment of orders and its obligations under the Contract in case the Buyer provides wrong or incorrect information (about himself, the Goods to be delivered, the delivery addresses of the Goods, etc.).
10.4. The Buyer is personally responsible for the accuracy of the information provided during the registration on the site https://steel.avmg.ua, as well as at the placing of each individual order.
11. TERM OF THE CONTRACT
11.1. The Contract shall be deemed concluded from the moment of the Buyer's registration on the website of the online store https://steel.avmg.ua and confirmation by the Seller of the relevant order for the supply of the Goods, and shall continue to be fully fulfilled by the Parties.
12. MISCELLANEOUS
12.1. Subject to the agreement of the Parties, this Contract may be printed and signed by the Parties in writing.
12.2. The Seller reserves the right to unilaterally amend this Contract (offer) with the publication of a new version of the Contract on the site https://steel.avmg.ua .
12.3. The use of an online store resource for viewing the Goods, as well as registering on the site and placing an order for the supply of the Goods is free of charge for the Buyer.
12.4. The Buyer, placing an order on the site https://steel.avmg.ua, confirms that he is fully acquainted with and agrees to the terms of this proposal (offer).
12.5. By placing an order on the site https://steel.avmg.ua the Buyer gives the Seller permission to collect, process and transfer personal data under the conditions specified by the current legislation of Ukraine, throughout the term of the Contract, as well as for an unlimited period after its expiration. In addition, by concluding the Contract, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine “Personal Data Protection”, of the purposes of data collection, and that his personal data are transferred to the Seller for the purpose of fulfilling the conditions of this Contract, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. Buyer also agrees that Seller has the right to share and transfer his personal data to third parties without any additional notice from the Buyer, without changing the purpose of processing personal data. The scope of the rights of the Buyer as a personal data subject in accordance with the Law of Ukraine “Personal Data Protection” is known and understood to him.
12.6. All disputes arising between the Buyer and the Seller are resolved through negotiation. If the dispute is not resolved in the negotiation process, the Parties shall apply to the court in accordance with the procedure established by the law.
12.7. The online store contains materials, trademarks, trade names and other materials protected by law. The Buyer or other persons are not allowed to use the materials placed on the website of the online store (including to make changes, copy, publish, transfer to third parties, etc.). It is not allowed to use the site materials without the consent of the copyright holders. If you cite materials of the site, including copyrighted works, a link to the site https://steel.avmg.ua is required.
12.8. In case of claims / proposals regarding this offer and terms of cooperation with the Seller, the Buyer can always contact the Seller by calling the hotline (056) 790-01-22, or using the service on the site “ Call back ”, or requesting to “Customer support”, or by texting the Online Chat Operator on the site https://steel.avmg.ua.