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Public offer contract

A public offer contract for the purchase of goods.

Please read the text of this contract carefully! The terms and conditions of this contract of public offer are public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine its terms and conditions are the same for all persons (consumers, customers) who are buyers. This public offer establishes the conditions and procedure for the sale (realization) of the Goods, clearly stated in the text of this Agreement, and in connection with its sale, which is offered in the Seller's Stores or on the Seller's website https://xadoindustrial.com/.

If you do not agree with the terms of this Agreement, please do not place and confirm the order, do not prepay for the order! If you do not understand the terms and conditions of this Agreement, please contact us with your question by e-mail: industry@xado.com.

The basic terminology of this Contract is:

1) "Internet Network" means a worldwide global public access computer network.

2) "Site" or "Website" means the website at https://xadoindustrial.com/, as a collection of Web pages accessible on the Internet that are unified in both content and navigation.

3) "Web page" - an information resource is available on the Internet that can be viewed in a web browser.

4) "Public Offer Agreement for the purchase of the Goods" (or "this Agreement") is a public contract, a sample of which is available on the Website https://xadoindustrial.com/. This Agreement provides for the offer of retail sale of Goods (only for the list defined below by the terminology "Goods") based on the Buyer's familiarization with the description of the Goods offered by the Seller in photos, videos, via the Internet, excluding the possibility of direct familiarization of the Buyer with the Goods, i.e. the conclusion of contracts is carried out by the remote method of sale of goods.

5) "Goods" - goods, services and other tangible and intangible objects about which information is posted on the" website ".

6) "Online Store" - the Seller's website created, among other things, to conclude a public offer agreement for the purchase of Goods.

7) "Seller" - a company selling the goods presented on the Internet site.

Vendor Legal Information:

LLC "XADO"
USREOU: 25612000
Address: Ukraine, 61000, Kharkov region, Kharkov district, Kharkov city, Kharkov, lane, August 23, 4.
E-mail address: industry@xado.com

8) "Buyer (customer)" - a natural person - the final consumer, who is legally capable and competent, who has concluded this public offer contract with the seller for the purchase of goods.

9) "Order" - the Buyer's choice of a certain type of goods from the list of Goods posted on the Website, for which this Public Offer Agreement is valid for the purchase of Goods; hereinafter also: "Pre-order" - pre-order of Goods, means that the Seller does not have such Goods in stock, but the Seller, having received the Buyer's consent (which is provided through pre-order), provides delivery of the Goods selected by the Buyer, having previously agreed on the delivery terms.

10) "Legislation" - the current legislation of Ukraine, which may be applied to the legal relations related to the fulfillment and/or which proceed from the fulfillment of the obligations described in this contract.

1. The subject matter and terms of this Contract:

1) This Contract offers the purchase of Goods on the terms and conditions of placing an Order for the purchase of the Goods selected by the Buyer through the Goods offers provided by the Seller.

2) Further, the Buyer shall answer the call of the Seller's contact center and confirm his/her choice, and if necessary to clarify the information, answer questions concerning the nuances necessary to fulfill the order.

3) Delivery of the Goods is subject to completion and confirmation of the Order (or Pre-Order).

4) Delivery of the Goods shall be made in the generally accepted manner, i.e. receipt of funds for payment, with inspection of the Goods, their completeness, execution of the warranty card and all necessary documents.

5) Payment for the cost of the Goods, except in the case of credit, shall be made by the Buyer by any method convenient for the Buyer, choosing among the following:

  • Payment for the goods according to the invoice;

6) The terms of exchange and return of the Goods are generally accepted and are governed by the norms of the applicable consumer protection legislation.

7) Responsibility of the parties:

7.1 The Parties shall be liable for non-fulfillment or improper fulfillment of the terms and conditions of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine. The Seller shall not be liable for:

  • the manufacturer's modified appearance of the Goods;
  • for a slight discrepancy in the color of the goods, which may differ from the original product solely due to the different color rendering of personal computer monitors of individual models;
  • for the content and truthfulness 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 committed by the buyer using the provided access to the Internet;
  • for the transfer by the Buyer of his network identifiers - IP, MAC-address, login and password to third parties.

7.2. The Buyer, using the access to the Internet provided to him, is solely responsible for the damage caused by his actions (personally, even if under his login was another person) to persons or their property, legal entities, the state or moral principles of society.

8) Force majeure circumstances (force majeure)

8.1. The parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances truly beyond the control of such party, occurring after the conclusion of this Contract, unforeseeable and unavoidable in nature.

8.2. Force Majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (whether declared or undeclared), declarations of martial law or emergencies, anti-terrorist operations (whether declared or undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by governmental authorities (including allocations, priorities, official requirements, quotas and price controls) if these circumstances have directly affected the performance of this contract.

8.3. The Party for which it has become impossible to fulfill its obligations under this Agreement due to force majeure shall immediately inform the other Party.

8.4. The time required for the Parties to perform their obligations under this Contract will be extended for any period of time during which performance was delayed due to the enumerated circumstances.

8.5. In cases of prolonged (more than three months) force majeure circumstances resulting in non-fulfillment of obligations under this Agreement, each of the Parties shall have the right to terminate this Agreement unilaterally, notifying the other Party in writing.

8.6. Notwithstanding force majeure, prior to termination of this Contract due to force majeure, the Parties shall make final mutual settlements.

9.1. The online store reserves the right to unilaterally make changes to this Agreement with prior publication on the website xadoindustrial.com

9.2. Internet - store is created for organization of remote way of selling goods through the Internet.

9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for goods) in the online store, the Buyer automatically gives its consent to the Seller to process its personal data, which have become or will become known to the Seller as a result of the execution of this Agreement. Processing includes, but is not limited to the following: collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (including transfer), depersonalization, destruction of personal data, in order to maintain a database of personal data of Customers, including the Seller is entitled to survey the Customer through the means of communication of the Customer, provided to the Seller or known to the Seller regarding the quality of goods and services, invitations to participate in advertising and marketing activities, to carry out informational and informational activities. The Customer agrees that the Seller shall not obtain any additional consent of the Customer for the transfer of the Customer's personal data, any other forms of obtaining the Customer's consent are not provided. The Customer has the right to refuse the mailings at any time by unsubscribing from the mailing list by sending a return e-mail from his/her own e-mail address in the designated city.

9.4. Prepayment by the Buyer of an order placed in the online store and/or pre-order means the Buyer's full consent to the terms and conditions of this Agreement.

9.5. The use of the Internet-shop resource for viewing the Goods, as well as for placing an Order (Pre-order) is free of charge for the Buyer. The conditions of Internet access are regulated by a separate contract between the Buyer and his Internet provider without the Seller's intervention.

9.6. The text of this Adhesion Contract is an object of copyright, the property rights to which belong to the Seller and are protected by law.

9.7. The text of this Treaty of Accession shall be made public by publishing it on the website http://xadoindustrial.com/.

9.8. The Seller uses (cookies) cookies to ensure that the best possible information is provided so that Buyers have the best experience on https://xadoindustrial.com/.
If the Buyer continues to use the website, this constitutes their consent to the use (cookies) and the receipt by the Buyer of all cookies and the ability to send the Buyer up-to-date information on the most current offers and promotions. The Buyer may at any time refuse or refuse the use of cookies by personalizing the settings of his device with which he uses https://xadoindustrial.com/.

10) Term of validity of this Agreement

10.1. This Contract shall come into force from the moment of the Buyer's acceptance (prepayment by the Buyer of the Order, Pre-Order or confirmation of the Pre-Order) and shall remain in force until the Goods are delivered to the Buyer or until terminated, whichever is earlier.

10.2. Prior to expiration, this Contract may be terminated by mutual agreement of the parties prior to actual receipt of the Goods.

10.3. The Parties shall have the right to terminate this Agreement unilaterally, in case of failure of one of the Parties to fulfill the terms and conditions of this Agreement and in cases stipulated by this Agreement and the current legislation of Ukraine.