PUBLIC CONTRACT (TEND)
to order, purchase, sale and delivery of goods

This Agreement is an official and public proposal (public offer) of the Supplier to conclude a contract for the purchase and sale (delivery) of goods remotely through the online stores and/or the mobile application "eQuGPS" belonging to the Supplier, namely: www.equgps.online , www.trace.equgps.com , www.my.equgps.com , www.equgps.shop , www.equgps.ua , as well as through the mobile application "eQuGPS".

In accordance with Article 633 of the Civil Code of Ukraine, this Agreement is public, and its terms are the same for all Buyers, regardless of their status (individual, legal entity or individual entrepreneur) without giving preference to one Buyer over another.

By concluding this Agreement, the Buyer fully accepts its terms and procedures: placing an order, paying for goods, delivering goods, returning goods, liability for an unscrupulous order and other terms and conditions specified in this Offer and information posted on the Supplier's websites.

The Agreement is considered concluded from the moment: the Buyer clicks the "Confirm Order" button on the order page on any of the specified sites / in the "eQuGPS" mobile application (in the "Store" section), and/or confirms the order in another way (by phone, e-mail, etc.), as well as from the moment the Buyer receives an electronic confirmation of order acceptance from the Supplier.

1. DEFINITION OF TERMS

1.1. Public offer (hereinafter referred to as the "Offer") is a public offer of the Supplier, addressed to an unspecified group of persons, to conclude a contract with the Supplier for the purchase and sale of goods and/or the provision of services remotely on the terms specified in this Offer.

1.2. Contract – a contract for the purchase and sale (delivery) of goods concluded between the Supplier and the Buyer by accepting this Offer (acceptance of its terms by the Buyer).

1.3. Goods – any tangible objects (equipment, devices, components, accessories, etc.), as well as intangible objects (software licenses, subscriptions, services), information about which is posted on the websites of online stores and/or in the mobile application "eQuGPS" and for which the possibility of their purchase is indicated.

1.4. Online stores – a set of Supplier's web pages at the following addresses: www.equgps.online , www.my.equgps.com , www.trace.equgps.com , www.equgps.shop , www.equgps.ua , created to familiarize the Buyer with the Goods, to execute and conclude retail and/or wholesale purchase and sale agreements online.

1.5. Mobile application "eQuGPS" - a software product of the Supplier for mobile devices that provides the Buyer with the opportunity to remotely view information about the Goods, place orders, make payments, manage services, receive service and information messages, as well as use other functions provided by the Supplier. In terms of registration and execution of the Agreement, the mobile application is equated to online stores.

1.6. Buyer – a legally capable individual who has reached the age of 18, a legal entity or an individual entrepreneur who accepts the terms of this Offer, places an order and/or purchases the Goods through Online Stores or the eQuGPS mobile application for their own needs or to support their business activities, but not for the purpose of further resale, unless otherwise expressly agreed by the Parties.

1.7. Supplier – a business entity established and operating in accordance with the legislation of Ukraine, which is the owner/legal user of the Online Stores and the mobile application "eQuGPS" and sells Goods to Buyers. The name, code, location and other details of the Supplier are indicated in the "Contacts" section on the Supplier's websites, as well as in invoices, acts and other accompanying documents.

1.8. Manufacturer – any legal entity or individual entrepreneur who manufactures the Goods and/or orders their manufacture from third parties and is identified as the manufacturer by placing its name, trademark or other designation on the Goods, packaging or accompanying documents.

2. SUBJECT OF THE CONTRACT

2.1. The Supplier undertakes, within the terms and conditions specified in this Agreement and the information on the websites/application, to deliver and transfer the Goods to the Buyer, and the Buyer undertakes to accept and pay for the Goods in full.

2.2. The assortment, quantity, characteristics, price and other essential conditions for a specific Product are determined on the basis of the information specified on the Product page in the Online Store / in the "eQuGPS" mobile application and/or in the order confirmation sent to the Buyer by the Supplier.

2.3. This Agreement applies to all types of Goods and services posted on the Supplier's websites or in the "eQuGPS" mobile application, as long as information about them is available in the catalog and it is not indicated that the offer is exhausted or discontinued.

2.4. If certain types of services (in particular, monitoring services, software access, service packages, etc.) are provided on the basis of separate agreements or rules of use, the Buyer additionally familiarizes himself with and agrees to the relevant terms when ordering such services.

3. ORDERING

3.1. The buyer places the order by:

• adding the selected Goods to the "Cart" on the Online Store website and filling out the order form;
• placing an order via the “eQuGPS” mobile application;
• sending an order by email or through other communication channels specified in the "Contacts" section;
• placing an order by phone number specified on the website/application.

3.2. The order must contain at least:

• name (type, model) of the Product;
• quantity of each item of Goods;
• selected delivery/pick-up method;
• selected payment method;
• Buyer's contact and delivery details.

3.3. The Supplier confirms acceptance of the order for execution by sending the Buyer an email, SMS message or message in a mobile application / messenger indicating the main parameters of the order (assortment, quantity, price, payment and delivery terms, estimated delivery times).

3.4. The Supplier has the right to refuse to accept the order and/or refuse to fulfill it in the event of:

• provision by the Buyer of incomplete, unreliable or questionable information;
• the absence of the ordered Goods in stock or the impossibility of delivery for reasons beyond the Supplier's control (in such a case, the Supplier shall notify the Buyer, and the funds paid shall be returned to the Buyer if the payment has already been made);
• violation by the Buyer of the terms of this Agreement or the legislation of Ukraine.

3.5. When placing an order, the Buyer is obliged to provide the following minimum information:

• last name, first name (and patronymic, if available) of the Buyer;
• delivery address (if delivery by courier/delivery service is selected);
• contact phone number and/or email address;
• for legal entities and sole proprietors – full name, EDRPOU/RNOKPP code, details for invoicing.

3.6. The Buyer is responsible for the accuracy and timeliness of the data provided. In case of failure to provide or untimely provision of the necessary information, the Supplier is not responsible for the inability to properly fulfill its obligations (delivery errors, delays, etc.).

3.7. By concluding this Agreement (acceptance of the Offer), the Buyer:

• confirms that he has fully read the terms of the Offer and accepts them unconditionally;
• consents to the collection, storage, processing and transfer of his/her personal data in accordance with the Law of Ukraine "On Personal Data Protection" and the Supplier's Privacy Policy;
• confirms that he understands his rights as a personal data subject, the purpose of processing personal data and the procedure for their use.

4. TERMS OF DELIVERY OF GOODS

4.1. The Goods are delivered on the terms selected by the Buyer when placing the order and confirmed by the Supplier. The current delivery methods and terms (courier delivery, delivery services, self-pickup, etc.) are indicated on the Supplier's websites in the "Delivery Terms" section and/or in the mobile application.

4.2. Delivery may be made in batches. The basis of delivery is determined in accordance with the Incoterms rules (2020 edition), taking into account the domestic nature of this Agreement, in particular: DDP (Buyer's address), FCA (carrier's address) or EXW (Supplier's warehouse) - depending on the selected delivery method and the agreements of the parties.

4.3. The date of delivery of the Goods is considered to be:

• on the basis of DDP – the date of signing the invoice/delivery certificate by the representatives of the Parties or the date of recording the fact of delivery of the Goods by the delivery service;
• on the FCA basis – the date of transfer of the Goods to the carrier at the carrier's warehouse (according to the transport documents);
• on an EXW basis – the date of signing of expenditure documents at the Supplier's warehouse.

4.4. The risk of accidental destruction or damage to the Goods passes to the Buyer from the moment the Goods are transferred to the Buyer or the first carrier (depending on the selected basis of delivery).

4.5. The cost of delivery, unless otherwise specified on the website or agreed upon additionally, is paid by the Buyer independently according to the tariffs of the selected delivery service or according to the conditions specified in the order confirmation.

4.6. Delivery times are determined when placing an order and may depend on the availability of the Goods in stock, the delivery region, the work schedule of carriers and other objective factors. Estimated delivery times are communicated to the Buyer when placing and/or confirming the order.

5. ACCEPTANCE AND HANDOVER OF GOODS

5.1. The Supplier guarantees that the Goods supplied are provided with the necessary and reliable information provided for by the Law of Ukraine "On Protection of Consumer Rights" and other regulatory legal acts, and also meet the requirements of the legislation on languages in Ukraine.

5.2. Acceptance of the Goods in terms of quantity and quality is carried out by the Buyer (or his authorized representative) at the time of receipt of the Goods and is confirmed by a signature on the expense documents or delivery service documents.

5.3. In the event of receiving the Goods via a delivery service, the Buyer is obliged to check the integrity of the packaging, the absence of visible damage, the completeness and compliance of the actually received Goods with the accompanying documents in the presence of a representative of the delivery service.

5.4. If damage, shortage, inconsistency of the assortment or other defects are discovered upon receipt of the Goods, the Buyer must draw up an appropriate act/claim together with the delivery service representative and immediately notify the Supplier.

5.5. In the event of defects that could not be identified during an external inspection, the Buyer is obliged to notify the Supplier within a reasonable time, but within the warranty period, if established by the Manufacturer/Supplier.

5.6. The Parties may agree to conduct an examination of the Goods to determine the causes of the defects. If the Supplier's fault is confirmed, the costs of the examination shall be reimbursed by the Supplier. If the Supplier's fault is not confirmed, the costs of the examination shall be borne by the Buyer.

5.7. The Supplier is not responsible for defects in the Goods that arise as a result of the Buyer's violation of the rules of transportation, storage, installation, connection, use or other actions that contradict the operating instructions and/or common sense.

6. PRICE OF THE GOODS AND CONTRACT AMOUNT

6.1. The price of each unit of the Product is indicated on the relevant page of the Online Store / in the mobile application at the time of placing the order and is indicated in the Buyer's basket and/or in the invoice for payment.

6.2. Prices for Goods are set in the national currency of Ukraine - hryvnia (UAH), unless otherwise expressly stated in the description of the Goods or invoice.

6.3. The Supplier has the right to change the prices of the Goods unilaterally. However, the price of the Goods already ordered by the Buyer and confirmed by the Supplier is not subject to change.

6.4. The total cost of the order consists of the sum of the cost of all ordered Goods, as well as the cost of delivery (if it is borne by the Buyer) and other payments that the Buyer was notified of when placing the order.

6.5. The Contract Amount is defined as the total amount payable, indicated in the cart/invoice/order confirmation.

7. SETTLEMENT PROCEDURE

7.1. The Buyer shall pay for the Goods in the manner and method chosen when placing the order and confirmed by the Supplier, in particular:

• by bank transfer to the Supplier's account based on the invoice issued;
• by bank card through a payment service (internet acquiring);
• cash upon receipt of the Goods (if such an option is available for a specific type of Goods and delivery region);
• in other ways directly indicated on the website/application.

7.2. The moment of fulfillment of the Buyer's payment obligation is considered the date of crediting the funds to the Supplier's current account or the date of actual payment via the payment service/delivery service (for cash on delivery - in accordance with the carrier's rules).

7.3. In case of advance payment, the Supplier begins the execution of the order after the actual receipt of funds.

7.4. In the event of late payment by the Buyer, the Supplier has the right to suspend the execution of the order or unilaterally refuse it, notifying the Buyer thereof.

8. WARRANTY OBLIGATIONS

8.1. Warranty obligations for the Goods are determined by the Manufacturer and/or Supplier and are specified in the warranty card, technical documentation or on the relevant page of the Goods.

8.2. The warranty covers defects that have arisen due to the fault of the Manufacturer/Supplier and does not cover defects caused by improper operation, mechanical damage, third-party interference, influence of external factors (moisture, dust, aggressive environments, overvoltage, etc.).

8.3. In the event of a warranty case being detected, the Buyer is obliged to contact the Supplier (or the service center specified in the warranty documents) with a statement and provide the Goods for diagnostics/repair.

8.4. The Supplier has the right to transfer the fulfillment of warranty obligations to the Manufacturer's authorized service centers.

9. TERMS OF SERVICE AND USE OF THE SOFTWARE

9.1. If the purchase of the Goods involves the use of the Supplier's software and/or online services (in particular, through the "eQuGPS" mobile application and web services my.equgps.com, trace.equgps.com, etc.), the Buyer is obliged to comply with the terms of the relevant license agreements, rules for using the services and the Privacy Policy.

9.2. The scope, term, tariffs and other terms of use of services (including monitoring services, subscriptions, service packages) are specified on the Supplier's websites and/or in the "eQuGPS" mobile application and may be changed by the Supplier unilaterally with prior notification of users in accordance with the established procedure.

9.3. In the event of failure by the Buyer to comply with the terms of use of the software and services, the Supplier has the right to limit or terminate access to such services without the right to reimbursement of the cost of services for the period during which the violation occurred.

10. RETURNS AND EXCHANGES OF GOODS

10.1. Return and exchange of Goods of proper and improper quality is carried out in accordance with the current legislation of Ukraine, in particular the Law of Ukraine "On Protection of Consumer Rights".

10.2. The Buyer has the right to refuse the Goods of proper quality within 14 calendar days from the date of receipt, unless another period is expressly established by law or the Supplier, provided that the Goods have not been used, their commercial appearance, consumer properties, seals, labels, as well as the payment document issued to the Buyer together with the Goods have been preserved.

10.3. Goods included in the List of goods of proper quality that are not subject to return and exchange, approved by the Cabinet of Ministers of Ukraine, as well as other Goods about which the Buyer has been notified in advance on the website/in the description of the Goods, are not subject to return/exchange.

10.4. In the event of the return of Goods of inadequate quality, if the defects were not caused by the Supplier, the Buyer has the right to demand:

• free elimination of defects within a reasonable time;
• proportional price reduction;
• replacement of the Goods with a similar one of proper quality;
• termination of the Agreement and return of the amount paid.

10.5. The procedure for returning the Goods (address, delivery method, necessary documents, etc.) is determined by the Supplier and notified to the Buyer on the website and/or when contacting the support service.

11. RIGHTS AND OBLIGATIONS OF THE PARTIES

11.1. The Supplier is obliged to:

• properly fulfill its obligations under this Agreement;
• to deliver Goods whose quality meets the requirements of the law, the terms of the Agreement and the information specified on the website;
• provide the Buyer with reliable and complete information about the Goods;
• provide the Buyer with the necessary supporting documents (expense invoices, invoices, warranty cards, etc.);
• ensure the confidentiality of the Buyer's personal data in accordance with the Privacy Policy and the legislation of Ukraine.

11.2. The Supplier has the right:

• make changes to the Offer, prices, range of Goods and terms of service by publishing updated information on the websites;
• refuse to fulfill the order in cases provided for by this Agreement and/or legislation;
• restrict or suspend the Buyer's access to the services in the event of the Buyer's violation of the terms of this Agreement, license agreements, and rules of use;
• involve third parties to fulfill their obligations (carriers, payment services, service centers, etc.).

11.3. The Buyer is obliged to:

• to familiarize yourself with the terms of this Offer, the Privacy Policy, and information about the Product before placing an order;
• provide accurate and up-to-date data when placing an order;
• to pay the cost of the ordered Goods on time and in full;
• accept the Goods within the time limits and in the manner agreed upon by the Parties;
• comply with the rules for the operation, storage and use of the Goods;
• not to infringe the intellectual property rights of the Supplier and/or third parties.

11.4. The Buyer has the right:

• receive the Goods of proper quality and within the agreed time frame;
• receive complete and reliable information about the Product and the conditions of its purchase;
• contact the Supplier with claims, proposals and questions regarding the implementation of the Agreement;
• to exercise other rights provided for by the legislation of Ukraine and this Agreement.

12. LIABILITY OF THE PARTIES

12.1. The Parties shall be liable for failure to fulfill or improper fulfillment of obligations under this Agreement in accordance with the legislation of Ukraine and the terms of this Agreement.

12.2. The Supplier is not responsible for:

• actions/inaction of third parties (carriers, payment services, etc.), unless otherwise provided by law;
• consequences of improper use of the Goods by the Buyer;
• untimely receipt of the Goods by the Buyer due to the fault of the Buyer or the delivery service;
• temporary failures in the operation of the sites/mobile application that occurred through no fault of the Supplier (network failures, power outages, etc.).

12.3. The Supplier's aggregate liability for any claims related to this Agreement is limited to the amount actually paid by the Buyer for the relevant order, unless otherwise expressly provided for by mandatory provisions of law.

12.4. The Parties are exempt from liability for failure to fulfill obligations in the event of proving the occurrence of force majeure circumstances provided for in Section 13 of this Agreement.

13. FORCE MAJEURE

13.1. Force majeure circumstances include circumstances beyond the reasonable control of the Parties, namely: war, hostilities, state of emergency or martial law, mass riots, strikes, blockades, fires, floods, earthquakes and other natural disasters, acts or actions of state authorities or local governments, terrorist acts, cyberattacks, etc., which directly prevent the Parties from properly fulfilling their obligations under this Agreement.

13.2. The Party for which force majeure circumstances have occurred must immediately, but not later than within a reasonable time, notify the other Party of their occurrence and (if possible) provide supporting documents.

13.3. The term for the performance of obligations under this Agreement shall be postponed in proportion to the duration of the force majeure circumstances and their consequences. If the force majeure circumstances last for more than 3 (three) consecutive months, each Party has the right to initiate a revision or termination of the Agreement.

14. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

14.1. The Supplier processes the Buyer's personal data in accordance with the Law of Ukraine "On Personal Data Protection" and the Privacy Policy posted at the link: https://equgps.ua/privacy .

14.2. The purpose of processing personal data is to ensure the implementation of this Agreement, make mutual settlements, inform the Buyer about the status of orders, provide service and information messages, and, with the separate consent of the Buyer, send marketing mailings.

14.3. The Buyer consents to the processing of his/her personal data by accepting this Offer. The Buyer has the right to withdraw consent by contacting the Supplier in accordance with the procedure specified in the Privacy Policy.

14.4. The Supplier takes the necessary organizational and technical measures to protect personal data from unauthorized access, alteration, disclosure or destruction.

15. TERM OF THE AGREEMENT AND PROCEDURE FOR ITS TERMINATION

15.1. This Agreement is considered concluded from the moment of acceptance of the Offer by the Buyer and is valid until the Parties fully fulfill their obligations.

15.2. The Offer is valid for an indefinite period and is valid until the Supplier withdraws it or replaces it with a new version. In this case, the rejection of the Offer does not affect the rights and obligations of the Parties under the already concluded Agreements.

15.3. The Supplier has the right to unilaterally change the terms of this Offer by publishing a new version on the Supplier's websites. The changes shall enter into force from the moment of their publication, unless otherwise specified in the Offer itself.

15.4. Termination of the Agreement may be carried out by mutual consent of the Parties or in other cases provided for by the legislation of Ukraine and this Agreement.

16. FINAL PROVISIONS

16.1. The legislation of Ukraine shall apply to the relations between the Supplier and the Buyer.

16.2. All disputes arising between the Parties shall be resolved through negotiations. In the event of failure to reach an agreement, the dispute shall be subject to consideration in a competent court in accordance with the legislation of Ukraine.

16.3. The invalidity of individual provisions of this Agreement shall not entail the invalidity of the Agreement as a whole. In such a case, the relevant provision shall be replaced by another provision that most closely corresponds to the content and intentions of the Parties.

16.4. The Supplier's current details (name, location, EDRPOU code, bank details, contacts) are indicated on the Supplier's websites in the "Contacts" section, as well as in invoices, acts, expense invoices and other documents transferred to the Buyer.