General Provisions
1.1. This offer is an official proposal by "NOIR DE BLANC" (hereinafter referred to as the "Seller") to conclude a remote sales contract for goods, that is, through an online store (hereinafter referred to as the "Agreement"), and places a Public Offer (proposal) on the official website of the Seller "NOIR DE BLANC" (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 goods purchase agreement shall be considered the fact of the Buyer's payment for the order under the terms of this Agreement, within the timeframes and at the prices specified on the Seller's Website.
Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
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"Goods" — models, accessories, components, and accompanying items;
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"Online store" — in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling goods, works, or services by concluding an electronic agreement.
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"Seller" — a company selling goods presented on the Website.
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"Buyer" — an individual who has concluded an Agreement with the Seller under the terms outlined below.
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"Order" — the selection of individual items from the list of goods specified by the Buyer when placing an 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 purchase and sale of goods in the Online Store, including:
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voluntary selection by the Buyer of goods in the Online Store;
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independent placement of an order by the Buyer in the Online Store;
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payment by the Buyer for the order placed in the Online Store;
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processing and delivery of the order to the Buyer under the terms of this Agreement.
Order Procedure
4.1. The Buyer has the right to place an order for any goods presented and available on the Website of the Online Store.
4.2. Each item may be included in the order in any quantity.
4.3. If an item is out of stock, a Company Manager must inform the Buyer (by phone or via email).
4.4. In the absence of the ordered item, the Buyer has the right to replace it with a similar product, refuse the item, or cancel the order.
Order Payment Procedure
Cash on Delivery
5.1. Payment is made upon receipt of the goods at the premises of the shipping company in cash, in Ukrainian hryvnias.
5.2. In case of non-receipt of funds, 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 shipping company warehouses, where the orders are issued.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.
Rights and Obligations of the Parties
7.1. The Seller has the right to:
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unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
7.2. The Buyer is obligated to:
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timely pay for and collect the order under the terms of this Agreement.
7.3. The Buyer has the right to:
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place an order in the Online Store;
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conclude an electronic agreement;
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demand from the Seller fulfillment of the terms of this Agreement.
Liability of the Parties
8.1. The Parties shall be liable for failure to perform or improper performance of the terms of this Agreement in accordance with this Agreement and the current legislation of Ukraine.
8.2. The Seller is not responsible for:
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any change by the manufacturer in the appearance of the Goods;
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slight discrepancies in the color range of the goods, which may differ from the original goods solely due to differences in monitor displays of individual computer models;
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the content and accuracy of the information provided by the Buyer when placing the order;
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delays and disruptions in the provision of services (order processing and goods delivery) that occur for reasons beyond its control;
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unlawful or illegal actions committed by the Buyer using the Internet access granted to them;
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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 access to the Internet, is independently responsible for any damage caused by their actions (personally, even if under their login another person was acting) to persons or their property, legal entities, the state, or the moral principles of society.
8.4. In the event of force majeure circumstances, the Parties shall be released from fulfilling the terms of this Agreement. Force majeure circumstances for the purposes of this Agreement are understood as extraordinary, unforeseen events that objectively prevent the fulfillment of this Agreement, the occurrence of which the Parties could not foresee or prevent by reasonable means.
8.5. The Parties shall make every effort to resolve any disputes exclusively through negotiations.
Other Terms
9.1. The Online Store reserves the right to unilaterally make changes to this Agreement, provided that its prior publication on the Website "NOIR DE BLANC".
9.2. The Online Store is created to organize a remote way of selling goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information specified when placing the order. By accepting this offer (placing an order and subsequently paying for the goods), the Buyer gives the Seller their unconditional consent to collect, process, store, and use their personal data as defined by the Law of Ukraine "On Personal Data Protection".
9.4. Payment by the Buyer for an order placed in the Online Store constitutes the Buyer’s full agreement with the terms of the purchase and sale agreement (public offer).
9.5. The effective 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 resource for prior viewing of goods and for placing an order is free of charge for the Buyer.
9.7. Information provided by the Buyer is confidential. The Online Store uses information about the Buyer exclusively for order processing, sending messages to the Buyer, delivering goods, making settlements, etc.
Return Procedure for Goods of Proper Quality
10.1. Returns of goods to the Online Store are made in accordance with the current legislation of Ukraine.
10.2. Returns of goods to the Online Store are carried out at the Buyer's expense.
10.3. When returning goods of proper quality by the Buyer, the Online Store refunds the amount paid for the goods upon the actual return of the goods, minus compensation for the Online Store’s expenses related to the delivery of the goods to the Buyer.
Validity of the Agreement
11.1. The electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response about the acceptance of this proposal in the manner provided for by Part Six of Article 11 of the Law of Ukraine "On Electronic Commerce."
11.2. Before the expiration date, this Agreement may be terminated by mutual agreement of the Parties before the actual delivery of the goods, by refunding money.
11.3. The Parties have the right to terminate this Agreement unilaterally in case of non-fulfillment by one of the Parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.
Please note that the Online Store "NOIR DE BLANC" on the official website "NOIR DE BLANC" has the right, in accordance with the legislation of Ukraine, to grant the right to use the online platform to individual entrepreneurs and legal entities for the sale of goods.