This document is an Official offer of Fixzona Service Centre, addressed to an unlimited number of persons, to conclude a Contract on the terms of a Public Offer (in accordance with Articles 633, 641 and Ch. 63 of the Civil Code of Ukraine) for the provision of services for the following (hereinafter - the Contract). 63 of the Civil Code of Ukraine) on provision of services on the following (hereinafter referred to as the Contract).
In accordance with Articles 641, 642 of the Civil Code of Ukraine, in case of acceptance of the terms and conditions set out below, the individual who accepts this offer becomes the Customer, and the Contractor and the Customer jointly become the Parties to this Contract. The agreement shall be legally effective in accordance with the Civil Code of Ukraine and shall be equivalent to a contract signed by the parties.
In connection with the above, please carefully read the text of this public offer and familiarise yourself with the terms and conditions of services. If you do not agree with any clause of the offer, the Contractor offers you to refuse to use the services.
1. TERMS USED IN THE AGREEMENT
1.1. Public offer - the Contractors offer (stated on the Contractors Website) addressed to an indefinite number of individuals to conclude this Agreement on certain terms and conditions.
1.2. Contractors Website - a website in the Internet at Fixzona.com, which is a source of informing the Customer.
1.3. Acceptance - full, unconditional and unconditional acceptance by the Customer of the terms and conditions of the Public offer, this Agreement and rules of service provision. Acceptance may be made in one of the ways provided by clause 5 of this Agreement.
1.4. Customer - an individual who has accepted the Contractors Public offer set out in this Agreement.
1.5 Device - a product provided to the Contractor by the Customer for repair.
1.6 Declared fault - a fault of the Device declared by the Customer.
1.7 Diagnostics - identification of the causes of the declared fault.
1.8 Repair - elimination of the declared fault.
1.9. Warranty repair - free of charge repair of the Device in case of repeated manifestation of the claimed fault.
1.10. Warranty period - the period specified in the acceptance certificate for the work performed, during which the Warranty repair can be performed. Each performed work and installed part has its own individual warranty period.
1.11. Carrier - Novaya Pochta LLC, which is a freight forwarder and provides services for delivery of the device between the Customer and the Contractor.
2. PROPERTY OF CONTRACT
2.1. This Agreement is a public agreement (hereinafter referred to as the Agreement), which is deemed to be concluded between the Contractor, on the one hand, and the Customer, on the other hand, from the moment of Acceptance of all, without exception, all terms and conditions of this Agreement, as well as its appendices.
2.2. The Customer provides the Contractor with the Device and reliable information necessary for identification of the Customer and determination of the causes of the Declared Fault.
2.3. The Contractor performs diagnostics of the Device, reporting with the help of the device to the Customer.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Customer has the right:
3.1.1. use the Contractors services under the terms of this Agreement.
3.1.2. receive the necessary information from the Contractor on the results of diagnostics and repair.
3.1.3. Receive from the Contractor an acceptance certificate with a report on the repair work carried out and components installed.
3.1.4. Demand that the Contractor carry out the Warranty repair if the claimed fault has not been eliminated or has reappeared within the Warranty period.
3.1.5. Request a full or partial refund if the Contractor has not eliminated the Declared Fault or if it has occurred during the Warranty Period, as described on the Contractors Website.
3.1.6. Refuse the Contractors services by paying the diagnostic fee as described on the Contractors Website.
3.2 The Customer undertakes:
3.2.1 Provide complete and accurate information necessary to identify the Customer and determine the causes of the Declared Fault.
3.2.2 Do not violate the requirements of the Contract and applicable law.
3.2.2 Do not violate the requirements of the Contract and applicable law.
3.2.3. Accept and pay for the services provided by the Contractor in accordance with the terms and conditions of the Agreement.
3.2.4. Pay the cost of Diagnostics as described on the Contractors Website in case of refusal of the Contractors services.
3.3. The Contractor has the right:
3.3.1. Engage third parties to provide services to the Customer who have the necessary qualifications to provide a particular type of service.
3.3.2. Use the information provided by the Customer for the purposes of fulfilling the terms of this Agreement.
3.3.3.3. Refuse to provide services to the Customer and unilaterally terminate the Agreement if the Contractor cannot provide the required service in full.
3.3.5. Temporarily suspend the provision of services under the Agreement to the Customer for technical, technological or other reasons preventing the provision of services, upon elimination of such reasons.
3.3.5. Dispose of the device if the Customer has not paid for the services according to the acceptance certificate within 30 days.
3.4. The Contractor undertakes:
3.3.5.
3.4.1. Provide the Customer with an opportunity to receive services of proper quality in accordance with this Agreement.
3.4.2. Provide services to the Customer taking into account the provisions of the Law of Ukraine "On Protection of Personal Data".
4. COST AND PAYMENT OF SERVICES
4.1 General Provisions
4.1.1. The cost of services provided by the Contractor to the Customer is determined in the national currency of Ukraine and is indicated on the Contractors Website.
4.1.2. The price for provision of services is determined by the Contractor after performance of the Diagnostics and may not be changed after notification of the Customer without agreement with him.
4.1.3 By acceptance by the Customer of the terms of this Agreement, the Customer agrees with the price for the provision of the service specified on the Contractors Website.
4.2 Payment for Services
4.2.1 Payment for the Service may be made in one of the following ways at the Customers choice:
4. 2.1.1. in cash or by bank card in one of the service centre units specified on the Contractors website.
4.2.1.2. in cash or by bank card in one of the Carriers units, if the Acceptance of the Agreement was made by sending the Device by the Customer through the Carrier.
4.3. The Customer may receive the Device only after 100% (one hundred percent) payment for the Contractors services.
4.4. After payment, the Contractor undertakes to provide the Customer with an acceptance certificate with a report on the performed work and installed components with a stamp of the service centre.
5. ACCEPTANCE OF OFFER
5.1 Acceptance of the offer creates a Contract between the Contractor and the Customer.
5.2 By accepting this Contract-Offer, the Customer expressly agrees on its own behalf that these terms and conditions do not limit its legal rights.
5.3. By accepting this Agreement-Offer, the Customer accepts the terms and conditions of the Agreement in full without the possibility of any changes in them.
5.4. By accepting this Agreement-Offer, the Customer accepts the terms and conditions of the Device Repair specified on the Contractors Website, which are an integral part of this Agreement.
5.5. By accepting this Agreement-Offer, the Customer accepts the terms and conditions of warranty service specified on the Contractors Website, which are an integral part of this Agreement.
5.6. The acceptance of the offer is carried out by the Customer by performing one of the following actions:
5.6.1. the Customer agrees with the terms and conditions and rules of service provision by signing the acceptance certificate when placing the Device at one of the service centre units specified on the Contractors Website;
6. LIABILITY OF THE PARTIES
6.1. The Parties shall bear responsibility stipulated by the current legislation of Ukraine.
6.2 The Parties shall not be liable for breach of their obligations under this Agreement, if it occurred through no fault of theirs. The Party shall be deemed innocent if it proves that it took all measures dependent on it for proper fulfilment of the obligation.
6.3.
6.3. The Parties shall not be liable to each other for indirect damage (including loss of profit).
6.4. The Parties shall not be liable to each other for indirect damage (including loss of profit).
6.4 The Contractors aggregate liability under the Contract shall be limited to the amount of the payment made to the Contractor by the Customer under the Contract.
6.5.
6.5. Without contradicting the above, neither of the Parties shall be liable for breach of the Contract if such breach is caused by force majeure circumstances (force majeure), including: actions of public authorities (including adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, public disorder, riots, any other circumstances, not limited to the above mentioned, to the Contractors liability for breach of the Contract.
7. LIMITATION OF EXECUTIVE LIABILITY
7.1 The Contractor shall not be liable for the accuracy of the Customers personal data.
7.2 The Parties understand and recognise that the fact that the result of the provision of a service does not correspond to the results that the Customer expected and wanted to obtain when applying for the provision of the respective service does not constitute the fact of the provision of such service of inadequate quality.
7.3.
7.3 The Contractor may be held financially liable in the amount of the payment made and only if the claimed defect has not been eliminated or has manifested itself within the warranty period.
7.4.
7.4 The Contractor shall not be liable for temporary interruption of service provision caused by technical interruptions in the operation of equipment, software and/or communication providers. However, the Provider undertakes to take reasonable measures to prevent such interruptions.
7.4.
8. CONCLUSIONS
8.1 This Agreement shall be governed by the applicable laws of Ukraine regardless of where the Customer of the service is located.
8.1.
8.3. The Contractor shall keep confidentiality of the data and information received from the Customer at the conclusion of the Agreement or during its execution and may disseminate them only in the manner and in the cases expressly provided for by the current legislation of Ukraine and/or the Agreement.
8.4 The Contractor has the right, and the Customer provides unconditional consent, to store and process, including automated, any information relating to the Customers personal data for the purpose related to the execution of this Agreement and the consequences of its execution or non-execution. The Customer gives the Contractor his consent to the processing of all his personal data without limitation of the storage and processing period of the personal data.
The Customer gives the Contractor his consent to the processing of all his personal data without limitation of the storage and processing period of the personal data.
9. OTHER TERMS
9.1 The Contractor reserves the right to unilaterally amend this Agreement at any time.
9.2.
9.2 All amendments to this Contract shall be published on the Contractors Website.
9.3.
9.3 All amendments to this Contract shall come into force from the moment of publication on the Contractors Website.
9.3.
9.4 All Appendices to the Contract are integral parts of this Contract and shall be binding upon their fulfilment and observance.
10. DISPUTE RULES AND APPLICABLE RIGHTS
10.1 All disputes and controversies that may arise in the process of provision of services by the Contractor, in connection with acceptance, performance and/or breach of the provisions of this Agreement and all annexes thereto, shall be settled through negotiations between the Parties.
10.1.
10.2 All claims related to the fulfilment of this Agreement shall be accepted by the Contractor in any form convenient for the Customer.
10.3.
10.3 If the Customer does not receive a claim during the Warranty Period, the Contractors obligations shall be deemed to have been duly fulfilled.
10.4.
10.4 The applicable rules and regulations of the legislation of the country of the Contractors location shall apply to the relations of the parties arising from the acceptance and fulfilment of this Agreement and all annexes thereto.