Public Offer Agreement
General Provisions
1.1. This offer is an official proposal of the website https://gallu.com.ua, hereinafter referred to as the “Seller,” to enter into a Distance Sale Agreement for goods, i.e., through an online store, hereinafter referred to as the “Agreement,” and places the Public Offer (proposal) on the Seller’s official website “https://gallu.com.ua” (hereinafter referred to as the “Website”).
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s proposal (acceptance) to conclude an electronic sale 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 indicated on the Seller’s Website.
Terms and Definitions
2.1. In this offer, unless the context requires otherwise, the terms below have the following meanings:
* “Goods” — models, accessories, components, and accompanying items;
* “Online Store” — in accordance with the Law of Ukraine “On Electronic Commerce,” a means for presenting or selling goods, works, or services through an electronic transaction.
* “Seller” — a company that sells goods presented on the Website.
* “Buyer” — an individual who has entered into this Agreement with the Seller on the terms set forth below.
* “Order” — the selection of specific 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 sale of goods in the Online Store, including:
- voluntary selection of goods by the Buyer in the Online Store;
- independent placement of an 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 under the terms of this Agreement.
Order Placement Procedure
4.1. The Buyer has the right to place an order for any goods available and presented on the Online Store Website.
4.2. Each item may be included in the order in any quantity.
4.3. If the goods are not in stock, the company’s Manager is obliged to inform the Buyer (by phone or email).
4.4. If the goods are unavailable, the Buyer has the right to replace them with a similar model, cancel the specific item, or cancel the entire order.
Order Payment Procedure
Cash on Delivery
5.1. Payment is made upon receipt of the goods at the transport company’s branch by cash payment in hryvnias.
5.2. If funds are not received, the Online Store reserves the right to cancel the order.
Order Delivery Terms
6.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where orders are issued.
6.2. Along with the order, the Buyer is provided with documents in accordance with Ukrainian legislation.
Rights and Obligations of the Parties
7.1. The Seller has the right:
- to unilaterally terminate the provision of services under this Agreement in case of violation by the Buyer of its terms.
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 Online Store;
- to conclude an electronic agreement;
- to demand that the Seller fulfill 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 by this Agreement and applicable Ukrainian legislation.
8.2. The Seller is not liable 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 solely due to varying color rendering of individual computer monitors;
- 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 goods delivery) due to reasons beyond its control;
- unlawful actions committed by the Buyer using this Internet access;
- 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 Internet access, is solely responsible for harm caused by their actions (personally, even if another person was logged in under their credentials) to individuals or their property, legal entities, the state, or moral principles.
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 refers to extraordinary and unforeseen events that prevent or objectively hinder the performance of this Agreement, the occurrence of which the Parties could not foresee or prevent by reasonable means.
8.5. The Parties make every effort to resolve any disputes exclusively through negotiations.
Other Conditions
9.1. The Online Store reserves the right to unilaterally amend this Agreement, provided it is pre-published on the website https://gallu.com.ua.
9.2. The Online Store is created to organize the remote sale of goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. By accepting (placing an order and making payment), the Buyer gives the Seller unconditional consent to collect, process, store, and use their personal data, as per the Law of Ukraine “On Personal Data Protection.”
9.4. Payment by the Buyer for an order placed in the Online Store signifies the Buyer’s full agreement with the terms of the 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. Use of the Online Store’s resources to preview goods and place orders is free for the Buyer.
9.7. Information provided by the Buyer is confidential. The Online Store uses the Buyer’s information solely for order processing, sending notifications to the Buyer, delivering goods, and conducting settlements.
Return Procedure for Goods of Proper Quality
10.1. Returns of goods to the Online Store are carried out in accordance with current Ukrainian legislation.
10.2. Returns of goods to the Online Store are at the Buyer’s expense.
10.3. Upon return of goods of proper quality by the Buyer, the Online Store refunds the amount paid for the goods upon receipt of the return, minus compensation for the Online Store’s expenses related to delivering the goods to the Buyer.
Term of the Agreement
11.1. An electronic agreement is considered concluded from the moment the person who sent the proposal to enter into such an agreement receives a response accepting this proposal, as determined by Part 6 of Article 11 of the Law of Ukraine “On Electronic Commerce.”
11.2. Before its expiration, this Agreement may be terminated by mutual consent of the Parties prior to the actual delivery of the goods, through a refund of the payment.
11.3. The Parties have the right to unilaterally terminate this Agreement if one Party fails to comply with its terms or in cases provided by current Ukrainian legislation.
Please note that the “Gallu Shop” online store on the official website https://gallu.com.ua, in accordance with Ukrainian legislation, has the right to grant usage rights of the online platform to individual entrepreneurs (FOP) and legal entities for the sale of goods.