Terms and conditions
(amended on January 01, 2021)
In accordance with these Terms and conditions, the Sale of Goods purchased in https://2egaming.com/ store, as well as services and delivery of orders is carried out by LLC “NRP”. By using this Site, providing personal data, filling in forms, applications, ordering goods via this Site, the User confirms his agreement with the statements of these Terms and conditions and the Public Contract.
Contract of Sale
In accordance with the Articles 633, 641, 642 of the Civil Code of Ukraine (hereinafter referred to as the CCU) and the Regulations for the Sale of Goods on orders outside of retail and office premises, approved by order of the Ministry of Economic Development and Trade of Ukraine on 19.04.2007 No. 103, by the following Public Contract of Sale, as well as the information contained on the website https://2egaming.com/ (hereinafter referred to as the Site), the Seller makes an “Offer” to individuals (hereinafter referred to as the Buyer) for the purchase of goods posted on the site under the terms of the specified Public Contract of Sale.
Definitions in the Contract
1.1. Online store “2E Gaming” – web page https://2egaming.com/.
1.2. Seller – Limited Liability Company “NRP”, which posts on the Site the information about the goods that it sells. The Seller’s name is indicated in the documents for the transfer of the Goods to the Buyer.
1.3. Public contract – a Contract of Sale establishes for all Buyers, except for those who, in accordance with the Law of Ukraine, are provided with benefits, the same conditions for the purchase of the Goods on the terms of a public offer from the moment of its acceptance by the Buyers.
1.4. Offer – an offer of the Seller addressed to any individual in accordance with the Article 641 of the Civil Code of Ukraine, to conclude a contract on the terms and conditions provided by the Public Contract. The offer comes into force from the moment of its posting on the Site.
1.5. Acceptance – the provision of full and unconditional Buyer agreement to the Seller on conclusion of this Public Contract on the conditions provided, which is executed in one of the following ways:
1.5.1. By sending a written Goods Order to the e-mail indicated on the Site by the Buyer.
1.5.2. By sending a written Goods Order to the Seller’s physical address indicated on the Site by the Buyer.
1.5.3. By sending a text message with a written Goods Order to the phone numbers indicated on the Site by the Buyer.
1.5.4. By sending a Goods Order using the ordering system on the Site by the Buyer.
1.5.5. By verbally ordering the Goods by phone.
1.6. From the moment the Seller receives the Goods Order from the Buyer, this Contract is considered to be concluded.
1.7. Order – individual items from the range of the Goods specified by the Buyer when placing the Order on the Site or in any other way.
1.8. Courier delivery – the direct transfer of the Goods from the delivery service employee to the Buyer at the place specified by the Buyer as the delivery address, on paid or free terms.
1.9. A significant defect is a defect that makes it impossible or unacceptable to use the Goods under its intended purpose, caused by the fault of the Seller, after its correction, it manifests itself again for reasons beyond the Buyer’s control and at the same time has one of the following signs:
1.9.1. The defect cannot be corrected at all.
1.9.2. To correct the defect, more than 14 (fourteen) calendar days are required.
1.9.3. The defect makes the Product substantially different from the provided in the Public Contract.
Subject matter of Contract
2.1. The Seller must deliver the goods, and of the buyer to accept and pay for them, under the Terms and Conditions of the Contract of Sale.
2.2. The Buyer is obliged to independently familiarize himself with the Terms and Conditions of the Contract, and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Contract, except for its publication on the Site.
2.3. The Buyer’s acceptance confirms that the Buyer has familiarized himself with the content of this Contract of Sale, the Seller’s registration data, the procedure for accepting claims, technical characteristics of the Goods, the price of the Goods, the terms of payment, the terms of delivery and payment for such delivery, the warranties for the Goods, the procedure for termination actual Contract.
2.4. By concluding this Contract, the Buyer confirms that he is familiar with the information about the Goods that are sold under the terms of this Contract of Sale. Namely: with its shape, dimensions, appearance, design, colour, size, quality, Goods` material specifications, as well as information about its manufacturer, realizes such characteristics of the Goods and their significance, agrees to purchase such Goods with such characteristics.
The Price
3.1. The price of the Goods is indicated on the official Site in the national currency of Ukraine (hryvnia) per unit according to the established price list.
3.2. The Seller reserves the right to change the price of the Goods prior Order confirmation without warning the Buyer.
3.3. The final price is the price indicated in the appropriate section on the Site for cashless payments by credit card, or the price indicated in the corresponding section on the Site when the Buyer receives the invoice number paying using payment terminals, or the price indicated in the invoice.
Rules as to payment and delivery of the Goods
4.1. The payments between the Parties are made under the terms of this Contract in the national currency of Ukraine in one of the following ways:
4.1.1. By transferring the appropriate amount of funds by the Buyer to the Seller’s settlement account in accordance with the bank details specified in the invoice for payment of the relevant Goods provided to the Buyer by the Seller.
4.1.2. In cash to the Buyer’s authorized representative upon receipt of the Goods.
4.1.3. By bank transfer through any bank according to the issued invoice.
4.2. The date of payment of the Goods by the Buyer is the date of receipt of the corresponding amount of funds to the Seller’s settlement account or to the Seller’s cash desk.
4.3. The Buyer undertakes to pay 100% (one hundred percent) of the cost of the Goods on the day of delivery of the Goods in accordance with Paragraph 4.9. Of the Contract upon the presence of the ordered Goods in the Seller’s warehouse.
4.4. Before the delivery of the Goods to the Buyer, the employees of the online store and/or the courier, and/or a third party that delivers the ordered Goods on behalf of the Seller, have the right to require the Buyer to provide a document confirming the fact of payment.
4.5. In case of partial or late payment by the Buyer of the ordered Goods, the Seller reserves the right not to provide the Goods, to suspend or completely to non-performance his responsibilities, without taking the responsibility for the possible consequences of such a decision/action. At the same time, the Seller informs the Buyer about the occurrence of such situation and consequences and suggests possible measures to eliminate them in order to properly process the Order and accept it for execution by the Seller.
4.6. The goods are provided only upon receipt of full payment by the Seller, which means payment of 100% (one hundred percent) of the cost of the ordered Goods in accordance with the current prices of the time of making the Order.
4.7. Delivery of the ordered Goods is carried out on the terms indicated on the Site.
4.8. Delivery of the Goods is carried out in the following ways:
4.8.1. By the Seller with the right of increasing the cost of the Goods according to the cost of delivery (to the porch of the house)
4.8.2. By courier or another shipping service at the expense of the Buyer.
4.8.3. By the Buyer from the Seller’s warehouse.
4.8.4. By another shipping service at the expense of the Buyer.
4.9. When delivery of the Goods by the Seller, the Seller is responsible for the safety of the Goods until the moment of its transfer to the Buyer.
4.10. When the Goods are delivered by a courier or shipping service, or by the Ukrzaliznytsia service, the courier or the shipping service is responsible for the safety of the Goods until it is transferred to the Buyer.
4.11. The Seller is obliged to deliver the Goods to the Buyer within 5 (five) business days from the receipt of the Order if the Goods are in stock at the Seller’s warehouse.
4.12. In case of a delay in the delivery of the Goods beyond the Seller’s fault, the delivery time may be extended by 10 (ten) calendar days, provided that the Seller notifies the Buyer in advance about the delay by email or by phone specified by the Buyer. Such extension of the terms does not constitute a violation of the obligations under the Contract of Sale.
4.13. The ownership of the Goods passes to the Buyer from the moment of 100% (one hundred percent) payment of the cost of the Goods.
4.14. Under the terms provided in paragraph 4.8.1 of this Contract, the Seller informs the Buyer about the cost of delivery when confirming the Order.
4.15. Under the terms provided in paragraphs 4.8.2–4.8.4 of this Contract, the Seller’s managers provide information on the cost of delivery via the phone call to the Buyer before/or on the day of dispatch of the Goods.
4.16. In the case of the absence of the Buyer at the time of delivery of the Goods at an arranged time and place, which was indicated in the Application form, a paid re-delivery is charged according to the tariffs of a shipping service company.
4.17. The Buyer could be denied the purchase of the Goods in case of the absence of the Goods (in stock).
Warranty and procedure for claim review
5.1. All Seller’s Products are subject to warranties in accordance with the Law of Ukraine. Warranties take effect immediately upon the date of delivery of the Goods to the Buyer.
5.2. The Seller provides a warranty for the Goods for a period determined by the law, depending on the type of the Goods, from the moment of actual receipt of the Goods.
5.3. If the Buyer notices any defects in the Goods during the warranty period, the Buyer has the right to:
5.3.1. Proportional reduction of the price of the Goods.
5.3.2. Free correction of defects within the period provided for by the current legislation.
5.3.3. Reimbursement for the correction of the defects.
5.4. If the Buyer notices significant defects in the Goods during the warranty period, the Buyer has the right to:
5.4.1. Termination of the Public Contract of Sales and the refund of money paid for the Product.
5.4.2. Substitute goods for the same or a similar one from the Seller’s stock.
5.5. In case of revealing significant/hidden defects of the Goods after the receipt of the Goods, the Buyer is obliged to inform the Seller about such defects no later than the next working day from the date of their revealing.
5.6. Delivery of the Goods for correction of defects to the nearest Seller’s outlet during the warranty period or at the end of the warranty period is carried out in accordance with the Law of Ukraine “On Protection of Consumer Rights”.
5.7. The Buyer’s claims review carries out in accordance with Articles 7, 8 of the Law of Ukraine “On Protection of Consumer Rights”.
5.8. The colour and shape of the Goods may differ from the original, depending on the specifics of the monitor image transmission and/or the mobile device screen.
Responsibility of the parties
6.1. For non-performance or improper fulfilment of responsibilities under the Public Contract, the Seller and the Buyer are liable under the current legislation of Ukraine.
6.2. In case of violation of the terms for making payments provided by the Public Contract of Sales, the Buyer undertakes to pay the Seller a penalty in the amount of double the discount rate of the National Bank of Ukraine for each day of delay in payment.
6.3. The amount of damage (both material and non-material) that can be paid to the Buyer according to the non-performance of the Order or its improper fulfilment, other violations of the Buyer’s rights in accordance with Article 22 of the Civil Code of Ukraine, limited to 0.1% of the cost of the purchased Goods.
6.4. In case of prematurely termination of the Public Contract on the initiative of the Seller, provided that the Buyer observes all the terms of this Contract, until the delivery of the Goods to the Buyer, the Seller undertakes to return the Buyer 100% (one hundred percent) of the prepayment for the Goods.
6.5. Payment of a penalty or fine does not relieve the Buyer or the Seller from fulfilling their responsibilities under the Public Contract.
Duration of the contract
7.1. The contract comes into force from the moment of its acceptance by the Buyer and is valid until the complete fulfilment of responsibilities by the Seller and the Buyer.
7.2. A public contract can be terminated prematurely:
7.2.1. By mutual agreement of the Seller and the Buyer.
7.2.2. Under the court decision.
7.2.3. In the case of force majeure circumstances (force majeure), which is confirmed by the relevant document of the competent authority.
7.2.4. In case of the absence of the Goods (in stock) and the Buyer refusal to the Goods substitution with another similar Goods.
Other terms and conditions
8.1. All disputes arising from non-performance or improper fulfilment of the terms of the Public Contract are resolved through negotiations.
8.2. Disputes that could not be resolved through negotiations are subject to judicial review in accordance with the current legislation of Ukraine.
8.3. The invalidity of individual statements of the Public Contract does not provide for the invalidity of the Public Contract as a whole, since it can be assumed that this Public Contract could have been concluded without including such statements in it.
8.4. The Buyer confirms that from the moment of making the Order, he (the Buyer) has been notified of the inclusion of his own personal data voluntarily provided to the Seller in the database.
8.5. The Buyer gives permission to the Seller to carry out all actions that, in accordance with the Law of Ukraine “On the Protection of Personal Data”, are the processing of the Buyer’s personal data, in accordance with the formulated purpose of their processing, which is to ensure the implementation of economic, civil, tax relations and relations in the field, provided by the constituent documents, accounting, relations in the field of human resource management and the implementation of such data of operational activities that allows a person to be assigned to a certain object in the field of his activities in accordance with the Civil Code of Ukraine, the Commercial Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine “About accounting and financial reporting in Ukraine”.
8.6. To achieve the purpose of processing the personal database, the Buyer gives permission to collect and process his personal data in the amount provided to him when concluding the Contract of Sale with the Seller and necessary for the implementation of the above purpose.
8.7. The Buyer confirms that from the moment of making the Order, he (the Buyer) is familiar with the rights provided for by the Law of Ukraine “On the Protection of Personal Data”.
8.8. The Buyer consents to the processing, storage and transfer (distribution) of his personal data to third parties, which are included in the Seller’s personal database, solely for the purposes provided for in this Contract, to subjects related to the implementation of this goal.
8.9. The Buyer agrees to access the personal data included in the Seller’s personal database to third parties in the cases and in the manner provided for by the current legislation of Ukraine, and does not require notification of the transfer (distribution) of personal data included in the “Contractors” personal database if such transfer (distribution) is carried out exclusively for the purposes provided for by this Contract.
