1.1. This offer is an official offer of MidnightSell online store, Hereinafter referred to as the “seller”, to conclude a contract for the sale of goods remotely, that is, through an online store, hereinafter referred to as the “contract”, and places a public offer (offer) on the seller’s official website https://midnightsell.com/
1.2. The moment of full and unconditional acceptance by the buyer of the seller’s offer (acceptance) to conclude an electronic contract for the sale of goods is considered the fact that the buyer paid the order on the terms of this agreement at the time and at the prices indicated on the seller’s website.
Concepts and Definitions
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
'product' - models, accessories, components and accessories;
“Online store” - a means for presenting or selling a product, work or service by completing an electronic transaction.
'Seller' - a company that sells products presented on the website.
“Buyer” - an individual who has concluded an agreement with the seller on the conditions set forth below.
'Order' - the selection of individual items from the list of goods specified by the buyer when placing an order and making payment.
Subject matter of the Treaty
3.1. The seller undertakes to transfer the goods to the buyer's property, and the buyer undertakes to pay and accept the goods on the terms of this agreement.
This agreement governs the sale of goods in the online store, including:
- voluntary choice by the buyer of goods in the online store;
- independent registration by the buyer of the order in the online store;
- payment by the buyer of the order placed in the online store;
- processing and delivery of the order to the buyer in the property under the terms of this agreement.
4.1. The buyer has the right to place an order for any product presented on the website of the online store and available.
4.2. Each item can be represented in the order in any quantity.
4.3. In the absence of goods in stock, the company manager must inform the buyer (via email).
4.4. If there is no product, the buyer has the right to replace it with a product of a similar model, refuse this product, and cancel the order.
Order payment procedure
If funds are not received, the online store reserves the right to cancel the order.
Rights and obligations of the parties:
The seller has the right:
- unilaterally suspend the provision of services under this agreement in case of violation by the buyer of the terms of this agreement.
The buyer must:
- timely pay and receive the order on the terms of this agreement.
The buyer has the right:
- place an order in the online store;
- require the seller to fulfill the terms of this contract.
Responsibility of the Parties
The seller is not responsible for:
- for the content and veracity of the information provided by the buyer when placing the order;
- for delays and interruptions in the provision of services (order processing and delivery of goods) that occur for reasons beyond the scope of its control;
- for unlawful illegal actions performed by the buyer using this access to the Internet;
- for the transfer by the buyer of his network identifiers - IP, MAC address, login and password to third parties;
The buyer, using the Internet access granted to him, is independently liable for damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles.
In case of force majeure circumstances, the parties are exempted from fulfilling the terms of this agreement. Force majeure circumstances for the purposes of this agreement are understood to mean events of an extraordinary, unforeseen nature that exclude or objectively impede the execution of this agreement, the occurrence of which the parties could not have foreseen and prevented in reasonable ways.
The parties make every effort to resolve any disagreements exclusively through negotiations.
The online store reserves the right to unilaterally amend this contract subject to prior publication on the website https://midnightsell.com/
The online store was created to organize a remote way of selling goods via the Internet.
The buyer is responsible for the accuracy of the information specified when placing the order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the buyer gives the seller his unconditional consent to the collection, processing, storage, use of his personal data in the understanding of the Law of Ukraine “On the Protection of Personal Data”.
Payment by the buyer of the order placed in the online store means the buyer fully agrees with the terms of the contract of sale (public offer).
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 settlements, etc.