DRAFT. This document has not yet been reviewed by a lawyer. Before it is used as a public offer, the text must be approved by a lawyer or accountant and the Seller’s details filled in.
1. Terms and definitions
- Seller — [SELLER DETAILS — to be confirmed], which sells the Goods through the Online Store.
- Buyer — an individual, a sole proprietor or a legal entity that places an Order in the Online Store.
- Online Store — the Seller’s website on which this Agreement is published.
- Goods — products presented in the Online Store catalogue.
- Order — the Buyer’s request to purchase Goods, placed through the Online Store, by phone or via messenger.
- Carrier — Nova Poshta LLC or another delivery service that delivers the Order.
2. General provisions
- This Agreement is a public offer of the Seller in accordance with Articles 633 and 641 of the Civil Code of Ukraine. By placing an Order, the Buyer accepts its terms in full (acceptance).
- The relations of the parties are governed by this Agreement, the Civil Code of Ukraine, the Laws of Ukraine “On Consumer Rights Protection” and “On Electronic Commerce” and other legislation of Ukraine.
- The Seller sells original EcoFlow products, which it buys from official EcoFlow dealers in European Union countries. The Seller is not an official representative or dealer of the EcoFlow manufacturer in Ukraine.
- The Seller may change the terms of the Agreement. The new version takes effect from the moment it is published on the site and does not apply to Orders confirmed earlier.
3. Subject of the Agreement
The Seller undertakes to transfer the Goods to the Buyer as property in accordance with the Order, and the Buyer undertakes to pay for and accept them under the terms of this Agreement.
4. Placing an Order
- The Buyer places an Order through the form on the site, by phone or via messenger, providing accurate contact and delivery details.
- The Seller contacts the Buyer to confirm the Order, the availability of the Goods, the price and the delivery method. The contract is considered concluded from the moment the Seller confirms the Order.
- If the Goods are out of stock, the Seller informs the Buyer and offers a different delivery time, a replacement or cancellation of the Order. If the Goods have already been paid for, the funds are returned to the Buyer.
- The Buyer is responsible for the accuracy of the data provided. The Seller is not liable for delivery delays caused by incomplete or incorrect data.
5. Price and payment
- Prices are indicated on the site in hryvnia. The price of a confirmed Order does not change.
- Payment is made by cash on delivery when receiving the Goods from the Carrier.
- The Carrier’s fee for transferring the funds is paid by the Buyer according to the Carrier’s rates.
- Ownership of the Goods passes to the Buyer from the moment of receipt and payment.
6. Delivery of the Order
- The Goods are delivered by the Carrier across Ukraine (to a branch, a parcel locker or an address) or handed to the Buyer by pickup at: Kyiv region, Sofiivska Borshchahivka, Molodizhna St., 7, Sofia Residence complex.
- The delivery cost is determined by the Carrier’s rates and is paid by the Buyer.
- An Order placed before 15:00 is shipped the same day. Delivery times depend on the Carrier and are approximate.
- On receipt, the Buyer must check the integrity of the packaging, the completeness and the absence of mechanical damage to the Goods. In case of damage, the Buyer draws up a report with the Carrier’s representative and does not accept the Goods.
- The risk of accidental damage or loss of the Goods passes to the Buyer from the moment of receipt.
7. Exchange, replacement and return of Goods
- Exchange and return of Goods are carried out in accordance with the Law of Ukraine “On Consumer Rights Protection” and other legislation.
- The Buyer has the right to exchange or return Goods of proper quality within the terms and in the manner established by law, provided the Goods have not been used and their presentable appearance, completeness, seals, labels and the document confirming the purchase are preserved.
- If defects in the Goods are found, the Buyer has the rights provided by consumer protection legislation. The warranty on the Goods is provided by the EcoFlow manufacturer; the warranty period is stated in the specifications of the particular Goods, and warranty repairs are carried out by EcoFlow service in the EU (more details on the Warranty page).
- To arrange an exchange, return or warranty claim, the Buyer contacts the Seller through the contacts on the Contacts page and states the Order number and the reason for the request.
- Funds for returned Goods are refunded to the Buyer within the terms established by law, by transfer to a bank card or an IBAN account using the details the Buyer gives in the request, regardless of the payment method of the Order. The cost of return shipping of Goods of proper quality is paid by the Buyer. If the Goods have a defect, do not match the Order or were damaged in transit, the delivery cost is paid by the Seller.
- Warranty obligations do not apply to damage caused by violation of the operating rules in the user manual, mechanical impact, liquid ingress, self-repair or use of incompatible equipment.
8. Rights and obligations of the parties
The Seller undertakes to:
- deliver Goods that match the description and the Order;
- provide the Buyer with accurate information about the Goods, the price and the delivery terms;
- keep the Buyer’s personal data confidential.
The Buyer undertakes to:
- provide accurate data for placing and delivering the Order;
- pay for and accept the Goods under the terms of this Agreement;
- read the information about the Goods and the rules of their operation.
The Seller has the right to refuse to place an Order or to cancel it if the Buyer has provided inaccurate data or does not respond.
9. Liability of the parties
- The parties are liable for failure to fulfil their obligations under this Agreement in accordance with the legislation of Ukraine.
- The Seller is not liable for damage caused by use of the Goods in violation of the rules given in the manufacturer’s manual.
- The parties are released from liability if the failure to fulfil obligations was caused by force majeure circumstances, in particular military action, certified in the manner prescribed by law.
10. Personal data
By placing an Order, the Buyer consents to the processing of their personal data for the purpose of fulfilling the Order in accordance with the Law of Ukraine “On Personal Data Protection”. More details are in the Privacy policy.
11. Other terms
- Disputes between the parties are resolved through negotiations, and if no agreement is reached, in the manner established by the legislation of Ukraine.
- Matters not regulated by this Agreement are resolved in accordance with the legislation of Ukraine.
12. Seller’s details
- Name / sole proprietor’s full name: [SELLER DETAILS — to be confirmed]
- EDRPOU code / tax ID: [SELLER DETAILS — to be confirmed]
- Registered address: [SELLER DETAILS — to be confirmed]
- IBAN: [SELLER DETAILS — to be confirmed]
- Phone: +380 93 773 66 86
- Email: ecoflow.kiev@gmail.com