Offer contract
PUBLIC OFFER AGREEMENT
regarding the use of the website https://gamingpc.com.ua, the purchase of Goods and the ordering of computer assembly/configuration services.
This Public Offer Agreement (hereinafter – «Agreement») governs the legal relationship between Limited Liability Company «APPDATA», USREOU code 45727177, individual tax number 457271726509, registered address: Ukraine, Kyiv, 4 Mykoly Hrinchenko Street, represented by Director Nataliia Serhiivna Kyrylova, acting on the basis of the Articles of Association (hereinafter – «Seller», «Platform», «Website», «Online Platform»), on the one hand, and any individual who uses the Website https://gamingpc.com.ua, places orders and/or pays for Goods or services (hereinafter – «Buyer», «User»), on the other hand.
The Agreement is concluded by acceptance of this public offer – by the User performing actions on the Website: browsing the Goods catalogue, building a configuration, placing an order, making a prepayment or full payment, and receiving Goods and/or services. Performing any action on the Online Platform constitutes unconditional acceptance of all provisions of this Agreement; if the User does not agree with the terms of the Agreement, the User must immediately cease using the Website.
1. KEY DEFINITIONS
1.1. Online Platform / Website – the website https://gamingpc.com.ua (online store «gamingpc.com.ua»), as well as all related services, software modules, order forms, etc.
1.2. User – any individual who visits the Website, browses information about Goods, or uses the services or features of the Website.
1.3. Buyer – a User who places an order and makes payment for Goods and/or services offered through the Website.
1.4. Goods – personal computers, components, peripheral devices and other items listed in the Website catalogue that may be purchased by the Buyer remotely.
1.5. Order – a duly formed request by the Buyer to purchase Goods and/or receive services, submitted through the Website interface (shopping cart, order form, message, etc.).
1.6. Assembly and Configuration Services – a set of works involving the physical assembly of a personal computer, installation and configuration of software, testing and other related works, performed by the Seller’s partners – independent contractors cooperating with LLC «APPDATA» (hereinafter – «Partner Contractors»).
1.7. Personal Data – any information about the Buyer (full name, phone number, address, email, etc.) provided when placing an Order or using the Website.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. Under this Agreement, the Seller undertakes to accept, process and fulfil the Buyer’s Orders for the purchase of Goods through the Website, and the Buyer undertakes to accept and pay for the Goods in accordance with the terms of this Agreement.
2.2. Goods are generally assembled to the Buyer’s individual Order; the configuration, price, manufacturing and delivery timelines are agreed between the Parties during the Order placement process and its confirmation by the Seller.
2.3. This Agreement also establishes general rules for ordering Assembly and Configuration Services, which are performed by the Seller’s Partner Contractors under separate consumer service contracts concluded directly between the Buyer and the relevant Partner Contractor.
2.4. The Seller facilitates information and organisational interaction between the Buyer and the Partner Contractors, but is not a party to the consumer service contract and bears no liability for the quality or timing of work performed by the Partner Contractor, except in cases expressly provided for by applicable Ukrainian law.
3. ORDER PLACEMENT PROCEDURE
3.1. The Buyer selects Goods and, if needed, builds an individual personal computer configuration (processor, graphics card, RAM, storage, case, cooling, etc.) through the Website interface.
3.2. The Website displays the estimated cost of the selected configuration, as well as information on possible manufacturing and delivery timelines.
3.3. In the event that certain components are unavailable or market prices change, the Seller has the right to propose a change to the configuration or price before the Order is confirmed; prior to such confirmation, the Order is considered preliminary and does not obligate the Seller to deliver the Goods in the configuration or at the price indicated on the website.
3.4. After the preliminary Order is placed, a Seller representative may contact the Buyer to clarify the configuration, verify component compatibility, confirm the final price, and agree on manufacturing/delivery timelines.
3.5. The final configuration, price and manufacturing timeline are deemed agreed from the moment the Order is confirmed by the Seller (by phone, email, messenger or through the Website interface) and the Buyer makes the prepayment or full payment in accordance with the agreed terms.
4. DELIVERY DETAILS AND PERSONAL DATA
4.1. To place an Order, the Buyer must provide accurate and complete contact details: full name, phone number, email address, delivery address or delivery service branch details.
4.2. The provided data is used exclusively for: Order processing, Goods delivery, generation of billing documents, financial and tax accounting, and communication with the Buyer regarding the Order and warranty service.
4.3. Clicking a button such as «Confirm Order» / «Place Order» and/or making a payment constitutes the Buyer’s consent to the processing of their personal data by the Seller, and in the case of ordering Assembly Services – also to the transfer of the minimum necessary data to the relevant Partner Contractor for the performance of the works.
4.4. The Buyer’s rights regarding personal data (access, correction, deletion, restriction of processing, etc.) are exercised in accordance with Ukrainian legislation and the privacy policy published on the Website.
5. PAYMENT FOR GOODS
5.1. The Buyer may choose any of the payment methods available on the Website: online payment by bank card/internet banking, partial prepayment with the balance due upon receipt, or other methods specified on the Website or agreed with the Seller.
5.2. Prepayment is a mandatory condition for confirming an Order for Goods assembled to an individual configuration; the prepayment amount and final settlement procedure are agreed with the Buyer upon Order confirmation.
5.3. Bank fees and other charges related to the payment method may be borne by the Buyer in accordance with the terms of the bank/payment system.
6. ORDER CONFIRMATION AND GOODS HANDOVER
6.1. Clicking the «Confirm Order» button (or equivalent) signifies:
full acquaintance with the terms of this Agreement;
confirmation of the selected Goods configuration and price;
agreement with the payment terms, manufacturing and delivery timelines;
agreement with the terms regarding prepayment and its status.
6.2. Upon Order confirmation, the Seller sends the Buyer an electronic message with Order details: number, configuration, prepayment/payment amount, estimated manufacturing and delivery timelines, and contact information.
6.3. Transfer of Goods is carried out:
in person via a Seller representative;
through the Buyer’s chosen courier/postal service;
by other means agreed by the Parties.
6.4. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are handed over to the delivery service or directly to the Buyer/authorised recipient in accordance with the chosen delivery method.
7. ASSEMBLY AND CONFIGURATION SERVICES PROVIDED BY PARTNER CONTRACTORS
7.1. In addition to purchasing Goods, the Buyer may order personal computer assembly, installation and configuration services performed by Partner Contractors cooperating with the Seller.
7.2. The standard scope of Assembly and Configuration Services may include (depending on the package/arrangements):
physical assembly of the personal computer;
BIOS installation and update;
installation of the operating system (e.g. Windows 10/11 or another at the Buyer’s choice) and up-to-date drivers;
cooling system configuration (temperature modes, fan speeds, noise profiles);
RGB lighting configuration and related software setup;
stress testing and system stability checks;
technical support.
7.3. The cost of Assembly Services may be calculated as a fixed amount or as a percentage of the computer’s value – the specific amount and payment procedure are defined in the invoice and/or a separate consumer service contract between the Buyer and the relevant Partner Contractor.
7.4. Payment for Assembly Services is generally made by way of a prepayment for the Partner Contractor’s services prior to the procurement of components and/or commencement of works; such prepayment may have the status of a deposit within the meaning of applicable Ukrainian law and is applied towards the final settlement for the works.
7.5. The total timeframe for completion of works from the date the prepayment for the Partner Contractor’s services is received may range approximately from 4 to 14 calendar days (depending on component availability, configuration complexity and workload).
7.6. The specific terms for the provision of Assembly and Configuration Services are set out in a separate consumer service contract concluded directly between the Buyer and the chosen Partner Contractor; the Seller may provide informational support and coordinate interaction but is not a party to such contract.
7.7. The Buyer confirms that they understand:
funds paid for Assembly Services are transferred to the Partner Contractor under a separate contract;
the Seller bears no liability for the actions/omissions of the Partner Contractor, including the quality of work performed, timelines, or provision of a warranty for the works, except to the extent of liability expressly provided for by Ukrainian law.
8. LIABILITY OF THE PARTIES
8.1. The Seller shall be liable for non-performance or improper performance of this Agreement within the limits established by applicable Ukrainian law and this Agreement.
8.2. The Seller shall not be liable, in particular, for:
minor discrepancies in colour shades/appearance of the Goods caused by differences in display characteristics across screens;
delays in Order fulfilment and delivery caused by the actions/omissions of delivery services, banks, payment processors, or force majeure events;
consequences arising from the Buyer providing incorrect or incomplete data;
actions of the Buyer or third parties using the Buyer’s account credentials.
8.3. The Buyer bears full responsibility for the accuracy of the data provided, actions performed on the Website under their account credentials, and compliance with applicable law when using the purchased Goods.
8.4. The liability of Partner Contractors for Assembly and Configuration Services is governed by the terms of separate consumer service contracts between them and the Buyer.
9. FORCE MAJEURE
9.1. The Parties are released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance resulted from force majeure circumstances (extraordinary and unavoidable events) as defined by Ukrainian law, provided that such circumstances are duly confirmed.
9.2. The period for performance of obligations is extended for the duration of the force majeure circumstances; if they continue for more than three consecutive months, either Party has the right to initiate termination of the Agreement, with settlements made for obligations actually performed.
10. MISCELLANEOUS AND TERM OF THE AGREEMENT
10.1. The Seller has the right to unilaterally amend the terms of this Agreement by publishing an updated version on the Website; amendments take effect from the moment of publication, unless otherwise specified in the updated version.
10.2. Use of the Website following amendment of the Agreement terms constitutes the Buyer’s acceptance of the updated version.
10.3. This Agreement is effective from the moment of acceptance (first actual use of the Website, placement of an Order and/or payment) and until the Parties have fully performed their obligations; certain obligations (regarding warranty, confidentiality, personal data processing, etc.) may remain in force after the main obligations are completed, in accordance with applicable law and/or the Seller’s separate policies.
11. SELLER DETAILS
Seller / Website Operator:
LLC «APPDATA»
USREOU Code: 45727177
Individual Tax Number: 457271726509
Address: Ukraine, Kyiv, 4 Mykoly Hrinchenko Street
Online Store Address (domain): https://gamingpc.com.ua
Phone: +38063 677 62 58
Email: gleb@gamingpc.com.ua