Public agreement

(offer)

 

Odesa, Ukraine   Date of publication: 04.03.2024.

 

This document contains a public offer (offer) of the individual entrepreneur Vitaliy Ivanovych Tafiy to an indefinite number of individuals to conclude an Agreement for the provision of information electronic services (hereinafter - the Agreement) in the manner and on the terms and conditions set forth below.

All section and article headings are used in the Agreement exclusively for the convenience of their use and reading, and shall in no way affect the interpretation of the terms of the Agreement.

 

1. DEFINITIONS AND TERMS

Contractor – individual entrepreneur Vitaliy Ivanovych Tafiy, identification number of the card of an individual taxpayer:  3136120070, place of registration and place of actual residence: 26/1 Topolyna str, ap. 22, Odesa, Ukraine.

Website – the Contractor's website located on the Internet at: https://www.parts-crossreference.com/, which contains information with cross-references to spare parts for specialized machinery used in industry, agriculture, mining, construction, as well as in many other areas where loaders, tractors, excavators, bulldozers, etc. may be used (hereinafter - the Specialized Machinery).

Information electronic service – creation of opportunities for searching for information on spare parts for the Specialized Machinery and their interchangeability (hereinafter - the Information), as well as access to it (hereinafter - the Service).

Public Offer – an offer of the Contractor addressed to an indefinite number of individuals in accordance with Article 641 of the Civil Code of Ukraine (hereinafter - the Code) to conclude an agreement with them on the terms and conditions contained therein.

Agreement – this Agreement for the provision of electronic information services, which is concluded on the terms specified in the Public Offer from the moment of its Acceptance by the Client and establishes the same conditions for all Clients.

Acceptance – the Client's full and unconditional response to the Contractor's offer to conclude the Agreement on the terms specified in the Public Offer by placing an order on the Website and/or paying the cost of the Service, which indicates acceptance of the Public Offer.

Client – any legally capable individual who has the purpose of obtaining the Service for personal, home or other use not related to business activities or performance of duties of an employee, who has accepted the terms of the Public Offer and placed an Order through the information system of the Website.

Order – the Client's request for searching for the Information, which is executed and provided to the Contractor using the software tools of the Website or in any other way.

Party – the Contractor or the Client, depending on the context.

Parties – the Contractor or the Client who have concluded the Agreement in accordance with the terms and conditions stipulated therein and the legislation of Ukraine.

Registration – filling in the relevant registration form on the Website by the Client with all the necessary data.

All other terms shall have the meaning defined by the legislation of Ukraine.

 

2. GENERAL PROVISIONS 

2.1. The Agreement shall be concluded by the Client's accession to the Public Offer offered by the Contractor as a whole. The Client's accession to the Public Offer shall be made by its Acceptance.

2.2. The Agreement shall be deemed concluded from the moment of the Acceptance by the Clien of all the essential terms of the Agreement set forth in the Public Offer without signing a written copy by the Parties. The Agreement shall be legally binding in accordance with Articles 634, 638 of the Code and shall be equivalent to the agreement signed by the Parties.

2.3. From the moment of the Acceptance of the Public Offer, the Client undertakes to comply with the terms of the Agreement.

2.4. Confirmation of the Client's consent to conclude the Agreement, i.e. full and unconditional Acceptance of the Public Offer, shall be made by performing the following actions:

2.4.1. the Client shall tick the field "I agree to the terms of the Public Offer" on the Ordering page and complete the Ordering process using the Website's information system. In this case, the phrase placed on the screen form of the relevant Website may differ from the ones given in quotation marks in this paragraph above, but must be similar in meaning and contain in itself or next to it (on the same screen form) a link to the text of the Public Offer;

2.4.2. payment by the Client for the ordered Service.

2.5. At the written request of the Client, the Contractor may provide the Client with a signed written form of the Agreement.

2.6. The fact of receipt of the Order by the Contractor shall be confirmed by sending the Client a message containing information about the Order. The notification of receipt of the Order shall be sent to the Client electronically by means of a short message service (SMS) to the contact mobile phone number specified by the Client when placing the Order or registering on the Website and/or by e-mail to the e-mail address specified by the Client when registering on the Website.

2.7. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and perform the Agreement in accordance with its terms.

2.8. All terms of the Agreement set forth in the Public Offer shall be binding on the Parties. Before placing an Order, each Client shall be obliged to read the terms and conditions of the Public Offer published on the Website.

2.9. If the Client does not agree with the terms of the Public Offer, he/she shall refrain from placing an Order. If the Client has made the Acceptance, he/she confirms his/her familiarization with and agreement to all the terms of the Agreement.

2.10. The Contractor independently determines the terms of the Public Offer and has the right to make changes to its terms with mandatory notification of the Clients by publishing a new version of the Public Offer on the Website.

 

3. SUBJECT OF THE AGREEMENT

3.1. The Contractor undertakes to provide the Client with the Service, which consists in creating opportunities for searching for and accessing the Information, and the Client undertakes to pay for the Service.

3.2. The Contractor shall supplement the Information and develop the Website services on a daily basis.

3.3. The Client orders and pays for the Service for personal, home or other use not related to business activities or performance of duties of an employee.

3.4. The Contractor shall provide the Service on the basis of the Order placed by the Client on the Website. The Order becomes an integral part of the Agreement from the moment of its placing.

 

4. ORDER FULFILLMENT PROCEDURE

4.1. The Service shall be provided to the Client instantly, immediately upon receipt of the Order by the Contractor, taking into account the bandwidth of the connection channel of the Client's device to the Internet. In some cases, due to the Contractor's lack of Information, the Service may be provided within 7 (seven) calendar days.

4.2. The Order shall be executed immediately after the Contractor confirms receipt of payment for the Service.

4.3. The Order may be executed in full or in part, and may also be canceled due to the Contractor's lack of the Information.

4.4. The Client receives the Service in the form of the Information posted on the screen form of the relevant the Website's webpage.

4.5. Contacts between the Parties shall be carried out mainly by electronic way.

4.6. The progress and status of the Order is displayed on the Website in the Client's "Personal Account".

4.7. The Client can set up notifications about the progress of the Order by e-mail and/or SMS (by specifying the contact number of the mobile phone in the international format, for example, +380501112233), if the corresponding functionality is available on the Website.

 

5. PRICE AND PAYMENT PROCEDURE

5.1. The prices for the Services are displayed on the Website.

5.2. Payment for the Service is made on the basis of the Order:

5.2.1. by payment card on the Website using the technical tools provided by the appropriate legal entity performing the functions of an Internet acquirer on the basis of the relevant agreement with the Contractor;

5.2.2. by depositing funds to the Contractor's bank account.

5.3. The funds paid by the Client for the Service are non-refundable.

 

6. RESPONSIBILITY OF THE PARTIES

6.1. The Parties shall be resposible for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the legislation of Ukraine.

6.2. The Parties shall be released from responsibility for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances, such as: war or hostilities, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, changes in customs regulations, import and export restrictions that arose independently of the will of the Parties after the conclusion of the Agreement. The Party unable to fulfill its obligations shall immediately notify the other Party of the occurrence of such circumstances and provide documents confirming the existence of such circumstances issued by the authorized bodies.

6.3. The Contractor shall not be resposible for the accuracy or validity of the Information, as well as any losses incurred (or that may be incurred) by the Client as a result of using the Information.

 

7. FINAL PROVISIONS

7.1. Each Agreement shall be valid in relation to one specific Order, shall enter into force from the moment of Acceptance of the Public Offer and shall remain in force until the Parties fulfill their obligations thereunder.

7.2. All terms and conditions of the Agreement between the Contractor and the Client, including the essential ones, are set forth in the Public Offer published on the Website as of the date of the Agreement conclusion.

7.3. All changes to the Public Offer shall be published on the Website with all previous versions retained. The terms and conditions that correspond to the text of the Public Offer in force on the date of the Agreement shall be binding on the Parties. The date of publication of the Agreement is the date indicated at its beginning.

7.4. The published amendments shall be deemed to have been communicated to the Client in full and shall come into effect from the date of their publication.

7.5. The Parties acknowledge and agree that within the framework of the Agreement, notifications, statements and other possible forms of correspondence between the Parties made in writing, sent and/or received by electronic, telephone and other means of communication are equally recognized as appropriate methods of information exchange. When using short messaging services (SMS) when transmitting them to mobile devices intended for receiving/transmitting such messages, this rule shall apply only to messages sent by the Contractor. The Contractor reserves the right to use the information provided by the Client during the Registration and/or placing the Order on the terms and in the manner prescribed by the Agreement in order to properly fulfill its obligations to the Client. By entering into the Agreement with the Contractor on the terms and in the manner provided for in the Public Offer, the Client confirms its consent to such use of the said information.

7.6. The Client agrees to the processing of his personal data specified by him during the Registration in accordance with the legislation of Ukraine on personal data protection. The Client's personal data shall be processed in accordance with the Law of Ukraine "On Protection of Personal Data" and the Contractor's Privacy Policy.

7.7. The Client shall be fully responsible for the accuracy of the e-mail address, contact and personal data specified by him/her during the Registration on the Website, and shall also notify the Contractor of any changes thereof within 3 (three) days, and in case of failure to notify, shall bear the risk of adverse consequences related thereto.

 

8. INFORMATION ABOUT THE CONTRACTOR

Individual entrepreneur Vitaliy Ivanovych Tafiy.

Identification number of the card of an individual taxpayer:  3136120070.

Place of registration and place of actual residence: 26/1 Topolyna str, ap. 22, Odesa, Ukraine.

Bank account: UA193220010000026000340058955 (UAH), UA943220010000026004340054171 (USD), UA473220010000026005340052752 (EUR), open at Monobank, bank code: 322001, id number: 21133352.

Phone number: +38 (067) 868-08-35.

E-mail: vitalii_tafii@outlook.com.