Public offer “APLGO LTD”
Please read this Agreement thoroughly. If you do not agree with or you do not understand the meaning of any provision of this Agreement after reading, we recommend you to refuse to use our services or to address the Company’s representatives in order to find out details. By adopting and accepting this Public Agreement agreement, you agree that you accept and understand all its provisions.
APLGO LTD PUBLIC OFFER AGREEMENT
(hereinafter referred to as “APLGO LTD” or the “Seller”/”Vendor”)
This Public Offer Agreement (hereinafter referred to as “Agreement”) dated 2019, July 15h, is effective until the date when the updated version of this Agreement becomes effective.
1. GENERAL PROVISIONS
1.1. This document is a Public Offer Agreement that contains Seller’s consent to conclude a contract with any other party (hereinafter referred to as “Buyer”) that is Retail Sales Agreement of Products after examining Product details provided at the online-store.
Buyer means any party interested in purchasing the Products sold by the seller.
Products mean goods as displayed at the on-line shop.
On-line shop means shop.aplgo.com
Order means Buyer’s intention to purchase particular Products at the On-line shop.
Sign-up means procedure of filling in Buyer’s Personal Data to a special Website form that is necessary for fulfillment of terms and conditions of this Agreement by the Buyer, as well as for Buyer’s access to personalized Website pages.
Personal Data means personal information (including last name, first name, other names, date of birth, address, contact phone number, e-mail) provided voluntarily and knowingly by the Buyer when Signing up and/or placing the Order at the Website, which is necessary for fulfillment of terms and conditions of this Agreement by the Buyer, as well as for Buyer’s access to personalized Website pages.
BackOffice means personalized Website interface containing user tools for purchasing Products and for using personalized Website pages.
Delivery means Product delivery services to the address provided by the Buyer, and transferring them to the Buyer or other party as set by the Buyer.
Website means all online pages available for browsing by Buyer online at aplgo.com, backoffice.aplgo.com, shop.aplgo.com, photo.aplgo.com, aploffice.com, aplgo.me
Taking the importance of the above mentioned into consideration, it is highly recommended to the party interested in purchasing Products in compliance with the terms and conditions herein to examine the Agreement thoroughly. If such party does not agree with any provision of this Agreement, it is preferable to refuse to purchase our Products as provided at our Website.
3. PURPOSE/SUBJECT/OBJECT OF THE AGREEMENT
3.1. The Seller shall sell the Product to the Buyer upon its Order in accordance with the assortment as provided at the On-line Shop, and the Buyer shall accept and pay for the Products following the procedures and in compliance with terms and conditions as set herein.
4. PURCHASING PROCESS. LEGAL OBLIGATIONS OF THE PARTIES.
4.1. The Buyer must undergo the process of Signing up at the Website that consequently provides the Buyer with right to buy Seller’s Products. Signing up involves one-time payment equal to 25 (twenty-five) Euros. This payment is also one-time fee for Buyer’s online access to Back Office.
4.2. Product purchase is made via Seller’s online store. To place an Order one must select any Products displayed at the on-line shop at the price designated by the Seller. After the Order is formed it is sent to the Seller that packs and ships it to the Buyer.
4.3. Delivery Terms and Conditions are set in the Delivery and Return Policy that can be found at the Website and the Buyer shall read it before placing an Order.
4.4. The Seller holds the right to provide the Buyer with a discount when the Buyer places the Order and when placing the next Order.
4.5. The Seller has right to establish and charge shipping fee for Products’ shipment. Shipping fee is not included in the Product price and must be paid for separately. The Buyer can also pick up its Order itself, or using services of its Representative or at the pick-up point located at the address as provided at backoffice.aplgo.com.
4.6. The Seller has right to inform the Buyer about Product discounts and Product assortment via mail-out to Buyer’s e-mail provided when Signing Up. The Seller determines methods and frequency of distribution of such information.
4.7. The Seller has right to determine the amount of Product discounts at its sole discretion in cases determined by the Seller. Total amount of the Product discounts shall be posted online at the Website.
4.8. Under any circumstances the Buyer shall not present itself and/or act as Seller’s employee or as a Seller’s entity entitled to sign any kind of contracts or documentation and take on any obligations on behalf of the Seller.
5. PRODUCT PRICE. PAYMENT PROCEEDURE.
5.1. The Parties agree that the Product Price is in Euro.
5.2. Total Product Price contains total price for all Products purchased by the Buyer in compliance with this Agreement, the taxes and Product shipping costs for shipping to the Buyer’s address.
5.3. Order payment is made by direct payment to the Seller’s cash register if applicable or by bank transaction to Seller’s account via ATM and/or electronic payment systems. Date of payment is the date when the corresponding amount of money arrives to Seller’s bank account.
5.4. The Buyer bears all the expenses (fees and etc.) arising from cashless payment transaction to Seller’s account.
5.5. The Seller has the right to change the product price for all or particular Products displayed at the Website without prior notice and establish special discounts for all or particular Products displayed at the Website.
6. RETURN AND EXCHANGE POLICY
6.1. Product return and exchange is made in compliance with the terms and conditions set in the Return Policy that can be found at the Website and the Buyer shall read it before placing an Order.
7. Obligations and liabilities of the Parties
7.1. The Parties are obliged to bear liability for failure to fulfill obligations under this Agreement and for failure to fulfill obligations imposed on the Parties. In case of failure to fulfill or improper fulfillment of obligations by any of the Parties under this Agreement, the responsible Party must compensate for documented damage to the affected Party in compliance with the current legislation of the Republic of Cyprus. Indirect damage and profit loss will not be compensated for.
7.2. The Parties shall not be held liable for partial or complete failure to fulfil obligations under this Agreement if such failure was a result of force majeure circumstances, which are fire, flood, earthquake, war, civil unrest, prohibitive laws regarding export or import introduced by the authorities etc., if such circumstances directly affected the fulfilment of obligations by the Parties.
Force majeure circumstances also include legislative, regulatory and other documents effective after signing this Agreement and preventing from fulfilling obligations under it.
7.3. The Party facing circumstances that prevent it from fulfilling obligations under this Agreement shall inform the other Party on occurring and terminating of such circumstances within 3 (three) days. Certificates issued by the Chamber of Commerce or by other entity authorized to issue such documents in the country of Seller’s or Buyer’s residence shall be regarded as proper proof of occurrence and duration of such circumstances.
7.4. If circumstances as set in the Article 7.2. of this Agreement that prevent form fulfilling obligations fully or partially under this Agreement occur for either Party, term of fulfilment of obligations under this Agreement shall be prolonged for the same term as such circumstances lasted.
8.1. The Seller has the right to change Product Price, terms and conditions of this Agreement and its appendixes without prior agreement from the Buyer. At that, the Seller shall provide the amended prices and terms and conditions of this Agreement at the Website. If the Buyer does not agree with the amended terms and conditions of this Agreement, it had the right to refuse agreeing to it. Parties’ obligations accepted before amendment to this Agreement stay effective and must be fulfilled by the Parties.
8.2. The Buyer is informed that the Seller has all applicable certificates and other necessary licenses required for this type of Products that confirm its quality.
8.3. The Seller shall not bear any responsibility if Buyer’s expectations regarding Product’s consumer attributes failed to materialize because they are Buyer’s subjective opinion.
8.4. Parties shall give their best efforts to solve any disputes out of court. Adherence to compliant procedure is mandatory. Any Party shall be considered as fulfilled out-of-court dispute resolution procedure if it has sent the other Party a registered mail with delivery confirmation (claim, answer to a claim) that states points of argument and contains ways and methods of out-of-court dispute resolution and receives an answer to it with which the Party does not agree, or does not receive an answer at all within 30 (thirty) calendar days from the date of sending the claim. Disputes arising between the Seller and the Buyer from Product selling or providing services can be forwarded to the ADR in the Buyer’s country of residence if both Parties agree to seek resolution of such disputes in this entity.
If it is impossible to settle the dispute out-of-court, the dispute shall be investigated in the court at the Seller’s whereabouts.
8.5. This Agreement is compliant with the laws of the Republic of Cyprus.
8.6. By agreeing with this Agreement, the Buyer also confirms that it is not Seller’s employee. After Product purchase the Buyer carries out all its activities on its own behalf.
8.7. By accepting the terms of the Agreement, the Buyer confirms that he is a legally capable person who has reached the age of majority.
8.8. Terms and conditions of this Agreement are effective and are obligatory for both Parties upon Product purchase made by the Buyer.
8.9. The Buyer signs this Agreement voluntarily and thus confirms that it
- has fully examined the terms and conditions of this Agreement;
- has fully understood the terms and conditions of this Agreement;
- fully understands the meaning and consequences of its actions regarding signing and fulfilling the terms and conditions of this Agreement.
By clicking “Agree” on the Seller’s Website you confirm that you have read the terms and conditions of this Agreement.
8.10. If the Buyer does not purchase any Products equal to 120 (one hundred twenty) Euro or more during a year after date of signing up, this Agreement and Buyer’s Sign-Up shall become invalid. This term shall not deprive the Buyer of its right to request the Seller to unblock its personal data at BackOffice. If the Buyer does not purchase any Products during 120 (one hundred twenty) days, the Seller has the right to block Buyer’s profile and thus terms and conditions of this Agreement are not effective for this Buyer. Notwithstanding the above, the Buyer has the right to request the Seller to unblock its profile, or to Sign Up again in compliance with Article 4.1. of this Agreement.
8.11. The Seller collects and processes Buyers’ personal data (full name, shipping address, contact phone number, e-mail) in order to fulfill terms and conditions as set in this Agreement.
8.13. Collecting and processing the Buyer’s data, the Seller does not pursue any other aims than those set in Article 8.11 if this Agreement.
8.14. Only those engaged in fulfilling the Order have the access to Buyer’s personal data.
SELLER CONTACT DETAILS
2ND FLOOR OFFICE 213
IBAN EUR: CY22116015070002140090002692