This document is an Official offer of the NextRepair service center, addressed to an unlimited number of persons, to conclude an Agreement on the terms of the Public Offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) for the provision of services for the following (hereinafter referred to as the Agreement).
In accordance with Articles 641, 642 of the Civil Code of Ukraine, in the event of acceptance of the conditions set forth below, an individual accepting this offer becomes the Customer, and the Contractor and the Customer jointly become the Parties to this Agreement. The Agreement has legal force in accordance with the Civil Code of Ukraine and is equivalent to the agreement signed by the parties.
In connection with the above, carefully read the text of this public offer and familiarize yourself with the terms of service. If you do not agree with any point of the offer, the Contractor suggests that you refuse to use the services.
1. TERMS USED IN THE AGREEMENT
1.1. Public offer - an offer of the Contractor (set out on the Contractor`s Website), addressed to an indefinite number of individuals to conclude this Agreement on certain terms.
1.2. Contractor`s Website - a website on the Internet at NextRepair.info, which is the source of information for the Customer.
1.3. Acceptance - full, unconditional and unconditional acceptance by the Customer of the terms of the Public Offer, this Agreement and the rules for the provision of services. Acceptance may be made in one of the ways provided for in paragraph 5 of this Agreement.
1.4. Customer — an individual who has accepted the Contractor`s Public Offer set out in this Agreement.
1.5. Device — a product provided to the Contractor by the Customer for repair.
1.6. Reported Malfunction — a Device malfunction reported by the Customer.
1.7. Diagnostics — identifying the causes of the reported malfunction.
1.8. Repair — eliminating the reported malfunction.
1.9. Warranty Repair — free repair of the Device if the reported malfunction reappears.
1.10. Warranty Period — the period specified in the acceptance certificate for the work performed, during which Warranty Repair may be performed. Each work performed and part installed has its own individual warranty period.
1.11. Carrier – Nova Poshta LLC, which is a forwarding agent and provides services for the delivery of the device between the Customer and the Contractor.
2. SUBJECT OF THE AGREEMENT
2.1. This agreement is a public agreement (hereinafter referred to as the Agreement), which is considered concluded between the Contractor, on the one hand, and the Customer, on the other, from the moment of Acceptance of all the terms and conditions of this Agreement, as well as appendices to it, without exception.
2.2. The Customer provides the Contractor with the Device and reliable information necessary to identify the Customer and determine the causes of the Declared Malfunction.
2.3. The Contractor shall carry out diagnostics of the device, informing the Customer by telephone or e-mail, or by other means verbally agreed with the Customer, of the cause of the malfunction and the preliminary cost of its elimination.
2.4. In the event of receiving the Customer`s consent to repair the Device, the Contractor shall carry out the repair work necessary to eliminate the Reported Malfunction, if possible.
2.5. The Customer undertakes to accept and pay the cost of the service within 30 days from the date of completion of the Repair, of which the Contractor undertakes to inform the Customer by telephone, e-mail or via SMS notification, in accordance with the acceptance certificate, which is an integral part of this Agreement.
3. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
3.1. The Customer has the right to:
3.1.1. use the Contractor`s services under the terms of this Agreement.
3.1.2. Receive the necessary information from the Contractor in a timely manner based on the results of diagnostics and repairs.
3.1.3. Receive from the Contractor an acceptance certificate with a report on the repair work performed and components installed.
3.1.4. Demand that the Contractor perform Warranty Repairs if the Reported Defect has not been eliminated or reappears during the Warranty Period.
3.1.5. Demand a full or partial refund if the Contractor has not eliminated the Reported Defect or it reappears during the Warranty Period, as described on the Contractor`s Website.
3.1.6. Refuse the Contractor`s services by paying the cost of diagnostics as described on the Contractor`s Website.
3.2. The Customer undertakes to:
3.2.1. Provide complete and reliable information necessary to identify the Customer and determine the causes of the Reported Malfunction.
3.2.2. Not to violate the requirements of the Agreement and current legislation.
3.2.3. Accept and pay for the services provided by the Contractor in accordance with the terms of the Agreement.
3.2.4. Pay the cost of Diagnostics, as described on the Contractor`s Website, if you refuse the Contractor`s 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 specific type of service.
3.3.2. Use the information provided by the Customer for the purpose of fulfilling the terms of this Agreement.
3.3.3. Refuse to provide services to the Customer and terminate the Agreement unilaterally if the Contractor cannot provide the required service in full.
3.3.5. Temporarily suspend the provision of services to the Customer under the Agreement for technical, technological or other reasons that prevent 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 within 30 days in accordance with the acceptance certificate.
3.4. The Contractor undertakes to:
3.4.1. Provide the Customer with the opportunity to receive services of due quality in accordance with this Agreement.
3.4.2. Provide the Customer with services taking into account the provisions of the Law of Ukraine "On the Protection of Personal Data".
4. COST AND PAYMENT FOR 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 Contractor`s Website.
4.1.2. The price for the provision of services is determined by the Contractor after performing the Diagnostics and cannot be changed after notifying the Customer without his/her consent.
4.1.3. Upon the Customer`s Acceptance of the terms of this Agreement, the Customer agrees with the price for the provision of the service indicated on the Contractor`s Website.
4.2. Payment for services
4.2.1. Payment for the Service can be made in one of the following ways at the Customer`s discretion:
4.2.1.1. In cash or by bank card at one of the service center divisions indicated on the Contractor`s website.
4.2.1.2. in cash or by bank card at one of the Carrier`s divisions, if the Agreement was accepted by sending the Device by the Customer via the Carrier.
4.3. The Customer may receive the device only after 100% (one hundred percent) payment for the Contractor`s services.
4.4. After payment, the Contractor undertakes to provide the Customer with an acceptance certificate with a report on the work performed and the installed components with the seal of the service center.
5. ACCEPTANCE OF THE OFFER
5.1. Acceptance of the offer creates an Agreement between the Contractor and the Customer.
5.2. By accepting this Offer Agreement, the Customer thereby, on its own behalf, expresses its consent that these terms do not limit its legal rights.
5.3. By accepting this Offer Agreement, the Customer accepts the terms of the Agreement in full without the possibility of making any changes to them.
5.4. By accepting this Offer Agreement, the Customer accepts the terms of the Repair of the Device specified on the Contractor`s Website, which are an integral part of this Agreement.
5.5. By accepting this Offer Agreement, the Customer accepts the terms of warranty service specified on the Contractor`s Website, which are an integral part of this Agreement.
5.6. The offer is accepted by the Customer by performing one of the following actions:
5.6. 1. the Customer`s consent to the terms and conditions for the provision of the service by signing the acceptance certificate when registering the Device in one of the service center divisions specified on the Contractor`s website;
6. LIABILITY OF THE PARTIES
6.1. The Parties shall bear liability as provided for by the current legislation of Ukraine.
6.2. The Parties shall not bear liability for breach of their obligations under this Agreement, if it occurred through no fault of theirs. A Party shall be deemed innocent if it proves that it has taken all measures dependent on it for the proper performance of the obligation.
6.3. The Parties shall not bear liability to each other for indirect damage (including for lost profits).
6.4. The aggregate liability of the Contractor under the Agreement shall be limited to the amount of the payment made to the Contractor by the Customer under the Agreement.
6.5. Without prejudice to the above, neither Party shall be liable for any breach of the terms of the Agreement if such breach is caused by force majeure circumstances, including: actions of government authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, power outages and/or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to those listed, which may affect the performance of the Agreement.
>7. LIMITATION OF CONTRACTOR`S LIABILITY
7.1. The Contractor shall not be liable for the accuracy of the Customer`s personal data.
7.2. The Parties understand and acknowledge that the discrepancy between the result of the provision of a particular service and the results that the Customer expected and wanted to receive when applying for the provision of the relevant service shall not be considered as the fact of provision of such a service of inadequate quality.
7.3. The Contractor may bear financial liability in the amount of the payment made and only if the declared malfunction was not eliminated or appeared during the warranty period.
7.4. The Contractor shall not be liable for a temporary suspension of service provision caused by technical interruptions in the operation of equipment, software and/or the operation of communication providers. At the same time, the Contractor undertakes to take reasonable measures to prevent such interruptions.
8. FINAL PROVISIONS
8.1. This Agreement is governed by the current legislation of Ukraine, regardless of where the Customer of the service is located.
8.3. The Contractor maintains the confidentiality of data and information received from the Customer upon conclusion of the Agreement or during its execution and may distribute them exclusively in the manner and in 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 the storage and processing, including automated, of any information related to the personal data of the Customer 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 limiting the storage period and the processing period of personal data.
9. OTHER TERMS
9.1. The Contractor reserves the right to unilaterally amend this Agreement at any time.
9.2. All changes to this Agreement shall be published on the Contractor`s Website.
9.3. All changes to this Agreement shall enter into force upon publication on the Contractor`s Website.
9.4. All Appendices to the Agreement shall be its integral parts and are mandatory for their execution and compliance.
10. DISPUTE SETTLEMENT PROCEDURE AND APPLICABLE LAW
10.1. All disputes and controversies that may arise in the process of providing services by the Contractor, in connection with the acceptance, execution and/or violation of the provisions of this Agreement and all appendices thereto, shall be settled through negotiations between the Parties.
10.2. All claims related to the execution of this Agreement shall be accepted by the Contractor in any form convenient for the Customer.
10.3. In the event of failure to receive a claim from the Customer during the Warranty Period, the Contractor`s obligations shall be deemed to have been duly fulfilled.
10.4. The relations of the parties arising from the acceptance and execution of this Agreement and all appendices thereto shall be subject to the current rules and provisions of the legislation of the country of location of the Contractor.