**General Provisions**

1.1. This offer is an official proposal by FITNESS-M LLC, hereinafter referred to as the "Seller," to conclude a Distance Selling Agreement, i.e., through the Online Store, hereinafter referred to as the "Agreement," and places a Public Offer (proposal) on the Seller's official website "[https://fitnessdom.ua](https://fitnessdom.ua)" (hereinafter referred to as the "Website").

1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic agreement for the purchase and sale of goods is considered to be the fact of payment by the Buyer of the order under the terms of this Agreement, within the time frame and at the prices indicated on the Seller's Website.

**Definitions**

2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:

* "Goods" - models, accessories, components, and related items;
* "Online Store" - in accordance with the Law of Ukraine "On Electronic Commerce," a means for presenting or selling goods, work, or services by conducting an electronic transaction.
* "Seller" - a company selling goods presented on the Website.
* "Buyer" - an individual who has entered into an Agreement with the Seller under the terms set out below.
* "Order" - a selection of individual items from the list of goods specified by the Buyer when placing an order and making a payment.

**Subject of the Agreement**

3.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

This Agreement governs the purchase and sale of goods in the Online Store, including:

- Voluntary selection of goods by the Buyer in the Online Store;
- Independent placement of an order by the Buyer in the Online Store;
- Payment by the Buyer for an order placed in the Online Store;
- Processing and delivery of the order to the Buyer's ownership under the terms of this Agreement.

**Order Placement Procedure**

4.1. The Buyer has the right to place an order for any goods presented on the Online Store Website and available in stock.

4.2. Each item can be included in the order in any quantity.

4.3. If the goods are not in stock, the Company Manager is obliged to inform the Buyer (by phone or email).

4.4. If the goods are unavailable, the Buyer has the right to replace them with goods of a similar model, refuse the goods, or cancel the order.

**Order Payment Procedure**

Cash on Delivery

5.1. Payment is made upon receipt of the goods at the branch of the transport company in cash in hryvnias.

5.2. If payment is not received, the Online Store reserves the right to cancel the order.

Prepayment

5.3 The Seller sends the Buyer an invoice from the LIQPAY system or an invoice through any communication method available to the Buyer (SMS, email, messenger).

5.4 Payment for the Order is made by the Buyer through the LIQPAY system invoice or by bank transfer based on the invoice received from the Seller.

**Order Delivery Terms**

6.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where orders are issued.

6.2. Along with the order, the Buyer is provided with documents in accordance with Ukrainian legislation.

**Rights and Obligations of the Parties:**

7.1. The Seller has the right:

- To unilaterally suspend the provision of services under this agreement in case of violation by the Buyer of the terms of this agreement.

7.2. The Buyer is obliged to:

- Timely pay for and receive the order under the terms of this agreement.

7.3. The Buyer has the right to:

- Place an order in the Online Store;
- Conclude an electronic agreement;
- Demand from the Seller the fulfillment of the terms of this Agreement.

**Liability of the Parties**

8.1. The parties are liable for non-fulfillment or improper fulfillment of the terms of this agreement in the manner prescribed by this agreement and the current legislation of Ukraine.

8.2. The Seller is not responsible for:

- Changes in the appearance of the Goods made by the manufacturer;
- Minor discrepancies in the color scheme of the goods, which may differ from the original product solely due to the different color rendering of monitors of personal computers of individual models;
- The content and accuracy of the information provided by the Buyer when placing an order;
- Delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond its control;
- Illegal actions committed by the Buyer using this access to the Internet;
- Transfer by the Buyer of their network identifiers - IP, MAC address, login, and password to third parties;

8.3. The Buyer, using the provided access to the Internet, is independently responsible for the harm caused by their actions (personally, even if another person was under their login) to individuals or their property, legal entities, the state, or moral principles.

8.4. In the event of force majeure, the parties are released from fulfilling the terms of this agreement. Force majeure for the purposes of this agreement means events of an extraordinary, unforeseen nature that exclude or objectively impede the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

8.5. The parties will make every effort to resolve any disputes exclusively through negotiations.

**Other Terms**

9.1. The Online Store reserves the right to unilaterally amend this agreement, subject to prior publication on the website [https://fitnessdom.ua](https://fitnessdom.ua).

9.2. The Online Store is created to organize a remote method of selling goods via the Internet.

9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. In doing so, when accepting (placing an order and subsequent payment for the goods), the Buyer gives the Seller their unconditional consent to the collection, processing, storage, and use of their personal data, as understood by the Law of Ukraine "On Personal Data Protection."

9.4. Payment by the Buyer for an order placed in the Online Store means the Buyer's full agreement with the terms of the purchase and sale agreement (public offer).

9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce."

9.6. The use of the Online Store resource for preliminary viewing of goods, as well as for placing an order, is free for the Buyer.

9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering goods, making mutual settlements, etc.

**Procedure for Returning Goods of Good Quality**

10.1. The return of goods to the Online Store is carried out in accordance with the current legislation of Ukraine.

10.2. The return of goods to the Online Store is at the expense of the Buyer.

10.3. When the Buyer returns goods of good quality, the Online Store refunds the amount paid for the goods upon the actual return of the goods, minus compensation for the Online Store's expenses related to the delivery of goods to the Buyer.

**Duration of the Agreement**

11.1. The electronic agreement is considered concluded from the moment the person who sent the proposal to conclude such an agreement receives a response about the acceptance of this proposal in the manner determined by part six of Article 11 of the Law of Ukraine "On Electronic Commerce."

11.2. Before the expiration of the term, this Agreement may be terminated by mutual agreement of the parties before the actual delivery of the goods, by returning the funds.

11.3. The parties have the right to terminate this agreement unilaterally in case of non-fulfillment by one of the parties of the terms of this Agreement and in cases provided for by the current legislation of Ukraine.

Please note that the online store "fitnessdom.ua" on the official website https://fitnessdom.ua has the right, in accordance with the legislation of Ukraine, to grant the right to use the Internet platform to sole proprietorships and legal entities for the sale of goods.

**Consent to the Processing of Personal Data**

By providing their personal data during registration on the website and confirming the order, the Buyer gives the Seller their consent to the processing and use of their personal data in accordance with Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006, in various ways for the purposes specified in these Rules.