Sellers who intend to sell the Services through the Website https://bwtaqua.com.ua/ and the BWT Aqua mobile application and Buyers purchasing the Services listed on the relevant pages of https://bwtaqua.com.ua/ and the BWT Aqua mobile application accept the terms and conditions of this Agreement as follows.
GENERAL TERMS AND CONDITIONS
1.1. The contractual relationship between the Seller and the Buyer shall be formalized in the form of a Public Offer Agreement. Clicking the button "PAY" in the appropriate section of the BWT Aqua mobile application and the Website https://bwtaqua.com.ua/ means that the Buyer, regardless of status (natural person, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has accepted the terms and conditions of the Public Offer Agreement as listed below.
1.2. The Public Offer Agreement is public, i.e. in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms and conditions shall be the same for all Buyers regardless of status (natural person, legal entity, individual entrepreneur). In full compliance with this Agreement, the Buyer accepts the terms and conditions of ordering, payment and receipt of Services from the Seller, responsibility for unfair Order and for failure to comply with the terms and conditions of this Agreement.
1.3. This Agreement comes into force once the Buyer clicks on the "PAY" button and thereby agrees to purchase the Services from the Seller and is valid until the Buyer receives the Services from the Seller and makes full payment to the Seller.
1.4. To regulate the contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international agreement, consented by the Verkhovna Rada of Ukraine to be binding for Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international agreement shall apply.
TERMS AND DEFINITIONS
"Public Offer Agreement" means a public agreement, the template of which is posted in the BWT Aqua mobile application and on the Website https://bwtaqua.com.ua/ and the application of which is binding on the Seller, containing the Seller's offer on the purchase of the Services specified in the BWT Aqua mobile application and on the Website https://bwtaqua.com.ua/ and intended to an indefinite number of persons, including Buyers.
"Acceptance" means the Buyer's acceptance of the Seller's offer on the purchase of the Services specified in the BWT Aqua mobile application and on the Website https://bwtaqua.com.ua/ by clicking the buttons ("ORDER", "PAY", etc.), which have the appropriate text marks on the consent to the terms and conditions of this Agreement.
"Service" means an item of trade offered by the Seller through the BWT Aqua mobile application and on the Website https://bwtaqua.com.ua/.
Safety of the Services means the absence of any risk to life, health, property of the consumer and the environment under normal conditions of use, storage, transportation, manufacture and disposal.
"Buyer" means any capable natural person, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who has installed the BWT Aqua mobile application or visited the Website https://bwtaqua.com.ua/ and intends to purchase a particular Product or Service.
"Seller" means any capable natural person, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who is the owner of the BWT Aqua mobile application and the Website https://bwtaqua.com.ua/ and intends to sell the Services. The name of the Seller is indicated in the payment documents and in the documents confirming the fact of providing the Services to the Buyer.
"Order" means a Buyer’s application for or consent to purchase the Services, addressed to the Seller and duly executed and placed in the BWT Aqua mobile application and on the Website https://bwtaqua.com.ua/.
"Legislation" means the rules established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.
SUBJECT MATTER OF THE AGREEMENT
3.1. The Seller shall sell the Service on the terms and conditions and in the manner set forth by this Agreement on the basis of the Order placed by the Buyer in the BWT Aqua mobile application or on the relevant page of the Website https://bwtaqua.com.ua/, and the Buyer shall buy the Service on the terms and conditions and in the manner set forth by this Agreement and pay for it.
3.2. The Seller and the Buyer acknowledges that this Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or deception.
3.3. The Seller acknowledges that it has all the necessary permits to carry out business activities that regulate the scope of legal relations arising and operating in the process of execution of this Agreement and guarantees that it has the right to provide Services without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of execution of this Agreement and sale of Goods or Services.
3.4. The Buyer agrees that obligations under this Agreement may be fulfilled by authorized partners of the Seller.
3.5. The Buyer agrees that obligations under this Agreement may be fulfilled by a third party at the Seller's decision.
SELLER’S RIGHTS AND OBLIGATIONS
4.1. The Seller shall undertake to:
• comply with the terms and conditions of this Agreement;
• fulfill the Buyer's order once the Buyer's payment is received;
• provide the Buyer with the Service ordered through the BWT Aqua mobile application or on the relevant page of the Website https://bwtaqua.com.ua/, in accordance with the terms and conditions of this Agreement.
4.2. The Seller shall be entitled to:
• unilaterally terminate the provision of services under this Agreement if the Buyer violates the terms and conditions of this Agreement;
• unilaterally transfer all its rights and obligations under this Agreement to authorized partners or third parties chosen by the Buyer, in the manner and on the terms and conditions provided by the current legislation of Ukraine for cases of replacement of the party in the obligation. At the same time, the transfer of rights and obligations under this Public Offer Agreement by the Seller to authorized partners or third parties does not provide for and does not entail a reduction of obligations and guarantees arising under this Agreement.
BUYER’S RIGHTS AND OBLIGATIONS
5.1. The Buyer shall undertake to:
• timely pay and receive the order under the terms and conditions of this Agreement;
• get acquainted with the information about the Service posted in the BWT Aqua mobile application and on the Website https://bwtaqua.com.ua/.
5.2. The Buyer shall be entitled to:
• place an order in the BWT Aqua mobile application or on the relevant page of the Website https://bwtaqua.com.ua/;
• require the Seller to fulfill the terms and conditions of this Agreement;
• have other rights provided for by the Law of Ukraine "On Consumer Protection".
PROCEDURE FOR MAKING AN ORDER
6.1. The Buyer places an order in the BWT Aqua mobile application or on the relevant page of the Website https://bwtaqua.com.ua/ himself/herself by clicking the "PAY" button.
CONTRACTUAL PRICE AND THE PAYMENT PROCEDURE
7.1. The price of each individual Service shall be determined by the Seller and shall be indicated on the relevant page of the Website https://bwtaqua.com.ua/ or at the point where the Service is received.
7.2. The cost of the Order may vary depending on the price, quantity or range of Services.
7.3. The Buyer can pay for the order in either way:
1) by bank transfer to the Seller's current account specified in the invoice, in particular through Internet banking.
2) in any other way by agreement with the Seller.
PARTIES’ LIABILITY AND DISPUTE SETTLEMENT
9.1. 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 international and Ukrainian legislation.
9.2. If any dispute arises in relation to the Parties' performance of this Agreement, except for disputes on debt collection from the Buyer, the Parties shall resolve such dispute through negotiations in compliance with the claim procedure. The term for consideration of the claim shall be 7 (seven) calendar days from the date of its receipt. For disputes related to debt collection from the Buyer, compliance with the claim procedure is not required.
9.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be resolved in the appropriate court in accordance with the substantive and procedural law of Ukraine.
10.1. The Parties shall not be liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, i.e. events or circumstances that are really beyond the control of such party, which occurred after the conclusion of this Agreement, and are unforeseeable and inevitable.
Force-majeure events shall include, but are not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and 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 directly affected the performance of this Agreement.
10.2. The Party, for which it became impossible to fulfill its obligations under this Agreement due to the occurrence of a force-majeure event, shall immediately inform the other Party in writing about the occurrence of the above event and, within 30 (thirty) calendar days, shall provide the other Party with confirmation of the force-majeure event occurred. Such confirmation will be a report, certificate or other relevant document issued by an authorized state body located at the place of occurrence of a force-majeure event.
10.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended as long as the performance of their obligation was postponed due to such force-majeure event.
10.4. If, due to the force majeure event, non-performance of obligations under this Agreement continues for more than three months, either Party has the right to terminate this Agreement unilaterally by notifying the other Party in writing.
Despite the occurrence of a force majeure event, before termination of this Agreement due to the force majeure event, the Parties shall make final settlements.
11.1. The information provided by the Buyer is confidential. Information about the Buyer shall be used solely for the purpose of fulfilling the Order (sending a message to the Seller about the order of the Services, sending advertising messages, etc.)
11.2. By accepting the Agreement, installing the BWT Aqua mobile application or registering on the Website https://bwtaqua.com.ua/ (filling out the registration form), the Buyer voluntarily consents to the collection and processing of his personal data for the following purposes: the data that becomes known will be used for commercial purposes, including for processing of orders for the purchase of goods, receiving information about the order, sending advertising and special offers, information about promotions and giveaways or other information on the Website https://bwtaqua.com.ua/ by telecommunication means (e-mail, mobile communication).
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer’s postal address and e-mail, as well as send SMS and make calls to the specified phone number.
11.3. The Buyer authorizes to process his/her personal data, in particular to enter personal data in databases (without additional notice), to carry out lifelong storage of data, accumulation, updating, and changing of data (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these purposes, as well as at the mandatory request of the competent state authority).
11.4. If the Buyer does not want to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials and sending it to the postal or e-mail address.
11.5. The Seller shall not be responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer shall be responsible for the accuracy of the information specified when placing the order.
11.6. The appendices to this Agreement shall contain the Special Terms and Conditions (if any), which are an integral part of the Public Offer Agreement.