1. DEFINITIONS
1.1. The term “Product” in the context of this Agreement refers to the goods presented on the website retrogarage.us, for which the price, name, and description are indicated, and which are available for purchase. The product may also be accompanied by an image.
1.2. The term “Online Store” in the context of this Agreement refers to the corresponding software-functional complex located on the website retrogarage.us, which allows the user to view the Product, its appearance, technical characteristics, price, payment terms, delivery terms and periods, warranty obligations, etc., place an appropriate order and pay for it based on an issued invoice.
1.3. The term “Pre-order” in the context of this Agreement refers to the preliminary ordering and payment for a product that is expected to become available within the time frame specified in the Product description.
1.4. The term “Cart” in the context of this Agreement refers to a part of the Online Store that tracks and displays in real-time the Products selected by the BUYER for purchase, including the total cost of such Products.
1.5. The term “Order” in the context of this Agreement refers to a list of Products, determined by the BUYER through the Cart, along with their quantities, and including the BUYER’s full name and contact details.
2. SUBJECT OF THE AGREEMENT
2.1. The SELLER undertakes, under the terms and in the manner defined by this AGREEMENT, to sell the BUYER the Product, which is the subject of this sale, and the BUYER undertakes, under the terms and in the manner defined by this AGREEMENT, to purchase the named Product and pay its price.
2.2. The SELLER guarantees that the Product is not pledged, not involved in any disputes, not under arrest, and not subject to third-party rights.
2.3. The SELLER and the BUYER confirm that this Agreement is not fictitious, not a sham transaction, and not executed under duress or deception.
2.4. The SELLER confirms that they have all necessary permits to carry out business activities regulating the legal relationships that arise and are implemented in the course of the Agreement execution and also guarantees the right to sell the Product without any restrictions, in accordance with the current legislation of Ukraine, and undertakes responsibility in case of violation of the BUYER’s rights during the execution of the Agreement and the sale of the Product.
THE AGREEMENT GENERAL PROVISIONS
3. PROCEDURE FOR CONCLUDING
3.1. All informational materials presented in the Online Store are for reference only and may not fully convey accurate information about the properties and characteristics of the Product, including colors, sizes, and shapes. If the BUYER has questions regarding the properties and characteristics of the Product, they must contact the SELLER before placing an Order.
3.2. Placing an Order by the BUYER and submitting it for processing implies sufficient and complete acquaintance of the BUYER with the technical characteristics of the Product, its functional capabilities, information on delivery times, and warranty service terms.
3.3. If the ordered Products are not available in the SELLER’s warehouse, including for reasons beyond the SELLER’s control, the SELLER is entitled to cancel the specified Product from the BUYER’s Order and notify the BUYER by sending an electronic message to the address specified during the BUYER’s registration.
3.4. An Order is considered fulfilled at the moment of actual transfer of the Products included in the Order to the BUYER, based on the delivery note issued by the SELLER and signed by the BUYER. Upon the Order’s fulfillment, the SELLER’s obligations to the BUYER are considered fulfilled.
3.5. Ownership of the Product passes from the SELLER to the BUYER at the moment of transfer of the Product. Confirmation of the transfer of ownership is the BUYER’s signature on the delivery note (receipt, delivery register, etc.) issued by the SELLER, the transport or courier company. The risk of loss or accidental damage to the Product passes from the SELLER to the BUYER at the moment of transfer to the transport or courier company.
3.6. By accepting the terms of this Agreement, the BUYER grants the SELLER consent to collect, store, use, distribute, and receive the information provided by the BUYER in connection with the execution of this Agreement:
3.6.1. As required by individuals and organizations to fulfill their duties or provide services to the SELLER under agreements concluded between such persons (organizations) and the SELLER.
4. PRICE AND PAYMENT PROCEDURE
4.1. The price of each individual Product is determined at the sole discretion of the SELLER and published in the Online Store.
4.2. The price of the Product and the Order is set in euros.
4.3. The price of the Agreement equals the price of the Order. This amount may change depending on the price, quantity, or assortment of the Product.
4.4. The BUYER shall make 100% payment for the Product in accordance with the Order based on the SELLER’s invoice, unless otherwise stated in the invoice.
4.5. The Order is considered paid from the moment 100% of the Product’s price is received in the SELLER’s account. This payment confirms the BUYER’s acceptance of the terms of this Agreement.
4.6. The SELLER carries out delivery of the Order after 100% payment is received.
4.7. In the event of an incorrect price being specified for the Product ordered by the BUYER, the SELLER shall inform the BUYER at the first opportunity for confirmation or cancellation of the Order. If the SELLER cannot reach the BUYER, the Order is considered canceled. If the Order was paid for, the SELLER shall refund the paid amount to the BUYER’s account or by another acceptable method.
4.8. The Product price in the Online Store may be changed by the SELLER unilaterally. However, the price for the Product ordered by the BUYER is not subject to change.
4.9. In case a refund to the BUYER is required, the BUYER must provide the SELLER with the bank account details to which the SELLER is obliged to transfer the funds.