Under this Agreement, one party Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - Buyer, on the other hand, hereinafter jointly, the Parties, have concluded this Public Offer Agreement (hereinafter - the Agreement) addressed to an unlimited circle persons, which is the official public offer of the Seller to conclude with the Buyers a contract of sale of goods This is the appropriate section of the Website https://gridforecast.com/.
Buyers when purchasing an API token (hereinafter referred to as "the Product"), the code of which is placed on the relevant pages of the Website https://gridforecast.com/, accept the terms of this Agreement for the following.
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking on the Website page https://gridforecast.com/ in the relevant section of the button "Pay", means that the Buyer, regardless of status (natural person, legal entity, natural person - entrepreneur), according to the current international and Ukrainian legislation, has accepted the conditions of the Public Offer Agreement, which are indicated below.
1.2. The contract of public offering is public, ie in accordance with Articles 633, 641 of the Civil Code of Ukraine its terms are the same for all Buyers regardless of status (natural person, legal entity, natural person - entrepreneur). In full agreement with this Agreement, the Buyer accepts the terms and procedure for ordering, payment and delivery of the goods by the Seller, responsibility for unfair order and for failure to comply with the terms of this Agreement.
1.3. This Agreement shall enter into force on the moment of clicking on the button "Pay", by which the Buyer agrees to make the purchase of the Goods available from the Seller and shall be valid until the Buyer receives the Goods from the Seller and settles them fully.
1.4. To regulate the contractual relations under the Treaty, the Parties shall select and, if necessary, apply Ukrainian law. If an international treaty, the consent of which is provided by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian law, then the rules of the international treaty apply.
DEADLINES AND DEFINITIONS
«Public Offer Agreement» - a public contract, a sample of which is posted on the Website https://gridforecast.com/, and mandatory for all Sellers, which contains the Seller's offer to purchase the Product displayed on the Website https://gridforecast.com/, targeted at an indefinite circle of people, including Buyers.
«Acceptance» - the Buyer's acceptance of the Seller's offer to purchase the Product displayed on the Website https://gridforecast.com/, by adding it to the virtual cart and sending the Order.
«Goods» - subject of trade (product, model, accessory, components and accessories, any other items of commerce) for the purchase of which is available on the Website https://gridforecast.com/ placed seller's offer.
«Buyer» - any capable natural, legal person, entrepreneurial individual, in accordance with applicable Ukrainian law, who visited the Website https://gridforecast.com/ and intend to purchase a particular Product.
«Seller» - any capable natural, legal, entrepreneurial person, in accordance with applicable international and Ukrainian laws, who own or distribute the Product and through the Website https://gridforecast.com/ intend to sell it.
«Order» - properly designed and posted on the Website https://gridforecast.com/ Buyer's application for the purchase of Goods addressed to the Seller.
«Legislation» - the rules established by Ukrainian or international law for the regulation of contractual relations under the Treaty.
«A significant disadvantage of the Goods» – a defect that makes it impossible or unacceptable to use the Product for its intended purpose, arose from the fault of the manufacturer (Seller), after its elimination, manifests itself again for reasons other than the consumer.
SCOPE OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the terms and procedure set out in this Agreement based on an Order made by the Buyer on the relevant page of the Website https://gridforecast.com/, and the Buyer undertakes to purchase and pay for the Goods under the terms and conditions set out in this Agreement.
3.2. The Seller warrants that the Goods are not pledged, are not subject to dispute, are not under arrest, nor are they entitled to any third party rights.
3.3. The Seller and the Buyer confirm that the current Contract is not a fictitious or fraudulent agreement or an agreement concluded under the influence of pressure or fraud.
3.4. The Seller confirms that it has all the necessary permits for conducting economic activities that regulate the sphere of legal relations that arise and operate in the process of implementation of this Agreement, and also guarantees that it has the right to manufacture and / or sell the goods without any restrictions, in accordance with with the requirements of the current legislation of Ukraine, and undertakes to be liable in case of violation of the rights of the Buyer in the course of performance of this Agreement and sale of the Goods.
SELLER'S RIGHTS AND OBLIGATIONS
4.1. The seller is obliged:
fulfill the terms of this Agreement;
fulfill the Buyer's order when payment is received from the Buyer;
to convey to the Buyer the Goods according to the sample chosen on the relevant page of the Website https://gridforecast.com/, executed Order and terms of this Agreement;
to inform the buyer of the possible additional commission for payment of European orders by Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards by informing in this contract.
4.2. The seller has the right:
to unilaterally suspend the provision of services under this Agreement in case the Buyer breaches the terms of this Agreement.
Business entity from among the persons offering to purchase on the Website https://gridforecast.com/ The goods are subject to the only agreed rules set out in this contract of public offering.*
BUYER'S RIGHTS AND OBLIGATIONS
5.1. The buyer is obliged:
timely pay and receive orders under the terms of this Agreement;
read the Product Information posted on the Website https://gridforecast.com/
5.2. The buyer is entitled:
place an order on the relevant page of the Website https://gridforecast.com/;
require the Seller to comply with the terms of this Agreement;
to inform about possible additional commission for payment of European orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards.
ORDER OF ORDERING
6.1. The Buyer independently processes the Order on the relevant page of the Website https://gridforecast.com/ by logging in and updating your profile information.
6.2. The term of order formation is immediate from the moment of its ordering.
CONTRACT PRICE AND PAYMENT ORDER
7.1. The price of each individual Product is determined by the Seller and is indicated on the relevant page of the Website https://gridforecast.com/. The price of the Contract is determined by adding the prices of all selected Goods placed in the virtual cart and the delivery price, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of an Order may vary depending on the price, quantity or item number.
7.3. The buyer can pay for the Order in the following ways:
1) by bank transfer to the Seller's current account indicated in the account, incl. via online banking (the buyer pays the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) The next type of credit card:
3) in any other way agreed with the Seller.
Note. Upon payment by the Buyer, a payment card may charge an additional fee to the issuer of this card, in particular, when paying by the Buyer, a payment card may charge an additional fee for payment by the Buyer of European orders by the issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. When clicked on the Website page https://gridforecast.com/ in the corresponding section of the button "ORDER" means that the Seller has informed the Buyer about the possibility of charging an additional fee when paying by the Buyer for European orders, by the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro.
ONDITIONS OF RETURN OF GOODS
8.1. Product purchased on the site https://gridforecast.com/ non-refundable Cash is non-refundable.
RESPONSIBILITIES OF THE PARTIES AND DISPUTE RESOLUTION
9.1. The Parties are responsible for the non-compliance or improper fulfillment of the terms of this Treaty in the manner stipulated by this Treaty and the applicable international and Ukrainian legislation.
9.2. In the event of disputes related to the implementation of the Parties to this Agreement, except for disputes regarding the recovery of debt from the Buyer, the Parties undertake to resolve them by negotiating with the claim procedure. The term of consideration of the claim is 7 (seven) calendar days from the date of its receipt. Disputes regarding the collection of debt from the Buyer do not need to comply with the claim procedure.
9.3. All disputes, disagreements or claims arising out of or in connection with this Treaty, including those relating to its implementation, breach, termination or invalidity, shall be settled in the appropriate tribunal in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJOR CIRCUMSTANCES
10.1. The Parties shall not be liable for any failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances actually beyond the control of such Party, which came after the conclusion of this Agreement, which are unforeseen and inevitable and character.
Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, frostbites, wars (both declared and unannounced), riots, loss of goods, carrier delays caused by accidents or inclement weather, adverse weather conditions, at sea, embargo, catastrophes, restrictions I impose government agencies (including allocations, priorities, formal requirements, quotas and price controls) if these circumstances have directly affected the implementation of this Treaty.
10.2. A Party which has found it impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing of the occurrence of the above circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of force majeure . Such confirmation will be a certificate, certificate or other relevant document issued by the authorized state body located at the place of occurrence of force majeure.
10.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which implementation has been postponed due to the above circumstances.
10.4. If due to the force majeure circumstances of the non-performance of the obligations under this Agreement lasts more than three months, each of the Parties shall have the right to terminate this Agreement unilaterally by giving written notice to the other party. Notwithstanding the occurrence of force majeure, prior to termination of this Agreement due to force majeure, the Parties shall make final settlements.
Notwithstanding the occurrence of force majeure, prior to termination of this Agreement, due to force majeure circumstances, the Parties shall make final settlements.
OTHER TERMS OF THE CONTRACT
11.1. The information provided by the Buyer is confidential. The Buyer information is used solely for the purpose of fulfilling his Order (sending a message to the Seller about ordering the Goods, sending promotional messages, etc.).
11.2. Own acceptance of the Agreement or registration on the Website
(fill in the registration form) The buyer voluntarily agrees to the collection and processing of his personal data for the following purpose: the information that becomes known will be used for commercial purposes, including for the processing of orders for the purchase of goods, receiving order information, sending by telecommunication means' ulcer (electronic mail, mobile) promotional and special offers, promotions, raffles, or any other website activity
For the purposes stipulated by this clause, the Buyer shall have the right to send letters, messages and materials to the buyer's postal address, e-mail, as well as to send SMS messages, to make calls to the telephone number specified in the questionnaire.
11.3. The buyer gives the right to process his personal data, including: to put personal data in databases (without additional notification about it), to carry out permanent storage of data, their accumulation, updating, change (as necessary). Seller undertakes to protect data from unauthorized access of third parties, not to disseminate or pass on data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified goals as well as a mandatory request competent state body).
11.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing an application for refusal to receive promotional materials, sending it to a postal or e-mail address.
11.5. The Seller is not responsible for the content and truthfulness of the information provided by the Buyer when placing the order. The buyer is responsible for the accuracy of the information specified when placing the order.