CONTRACT OF PUBLIC OFFER
Under this Agreement, one party Seller on one side, and any person
accept the terms of this Public Offer Agreement – Buyer, on the other
Parties, hereinafter collectively referred to as the Parties, have entered into this Agreement
public offer (hereinafter – the Agreement), addressed to an unlimited number of persons
being the official public offer of the Seller to conclude with
Buyers contract for the sale of services corresponding to the section of the Web site
Sellers intending to sell services via the Website
https://bmdapp.app/ and Buyers when purchasing Services, which are shocked
posted on the relevant pages https://bmdapp.app/ accept the terms
of this Agreement as follows.
1.1. Contractual relations between the Seller and the Buyer are in the form of
Public Offer Agreement. Click on the website page https://bmdapp.app/
the corresponding section of the “ORDER” button means that the Buyer, regardless
status (individual, legal entity, individual entrepreneur),
according to the current international and Ukrainian legislation, took to
compliance with the terms of the Public Offer Agreement, which are indicated below.
1.2. The public offer contract is public, that is, in accordance with
Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all
Buyers, regardless of status (individual, legal entity, individual
person entrepreneur). With the full consent of this Agreement Buyer
accepts the conditions and ordering procedure, payment and delivery services
Seller, responsibility for unfair Order and for non-fulfillment of conditions
1.3. This Agreement comes into force from the moment you click on the button “ORDER”
which the Buyer agrees to make the purchase of the seller’s
Goods and is valid until the Buyer receives the Services from the Seller and the full
calculating with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties shall elect
and, if necessary, apply Ukrainian legislation. If a
an international treaty whose consent to be bound is granted
Verkhovna Rada of Ukraine, established other rules than those established
Ukrainian law, the rules of the international treaty apply.
TERMS AND DEFINITIONS
“Public Offer Contract” is a public contract, a sample of which is posted on
Website https://bmdapp.app/ and the use of which is mandatory for all
Sellers, containing the offer of the Seller to purchase goods,
image of which is posted on the website https://bmdapp.app/, directed
indefinite circle of persons, including Buyers.
“Order” – – the Buyer accepts the seller’s proposal to purchase the Service,
description of which is posted on the website https://bmdapp.app/, by registering
it in the virtual back office and chambers of the subscription to the services of the service through downloading
applications after its full launch.
“Service” – a trade item (description, price, any other trade items), about
the acquisition of which is posted on the Website https://bmdapp.app/
“Bek-office” – a virtual place for placing basic information about orders
buyer, place of registration and control of all interactions with the seller, placed
on the Service Website
“Buyer” – any legal person, legal entity, individual
entrepreneur, according to the current international and Ukrainian
legislation that have visited the https://bmdapp.app/ website and are intent
purchase this or that Service.
“Seller” -. Legal entity Bank of Memories LLC
“Legislation” – established by Ukrainian or international
legislation rules for the regulation of contractual relations
SUBJECT OF CONTRACT
3.1. Seller agrees to the terms and conditions determined by this
The Agreement to sell the Services based on the Order issued by the Buyer on
relevant page of the Website https://bmdapp.app/, and the Buyer undertakes to
conditions and in the manner determined by this Agreement, buy the Goods and pay
money for it.
3.2. Seller and Buyer confirm that the current Agreement is not
fictitious or pretended transaction or transaction made under the influence of
pressure or deception.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller must:
comply with the terms of this Agreement
to fulfill the Buyer’s orders in case of receipt of payment from the Buyer;
to transfer to the Buyer the Service according to the chosen sample on the corresponding
page of the https://bmdapp.app/ website, the order and the conditions of this
notify the buyer of the possible additional commission when paying European
orders with Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro cards
by informing in this contract.
4.2. The seller has the right to:
unilaterally suspend the provision of services under this Agreement in
case of violation of the terms of this Agreement by the Buyer.
LLC BANK OF MEMORIES. legal form: Limited Liability Company. identification number:
402032965. Director – 01007001831, Shota Sigua, U.S.A., Georgia.
email@example.com WhatsApp / Telegram: +38 (099) 148 47 79
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. Buyer shall:
pay in time and get the service after launching the mobile application on
the terms of this Agreement;
read information about the service posted on the Website
https://bmdapp.app/ and https://bmcoin.io
5.2. The buyer has the right to:
place an order on the relevant page of the Website https://bmdapp.app/;
require the seller to comply with the terms of this Agreement;
to inform about the possible additional commission when paying European
orders by type cards Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6.1. The buyer places an order on the appropriate page.
Website https://bmdapp.app/ by authorizing a back-office service using
clicking the “Order” button.
AGREEMENT PRICE AND PAYMENT ORDER
7.1. The price of the series is determined by the Seller and indicated on the corresponding
website page https://bmdapp.app/. The contract price is determined by adding
prices of all selected Services placed in the PRO package.
7.2. The buyer can pay the order in the following ways:
1) by means of a bank transfer of money to the Seller’s current account specified in
account, including via Internet banking (the Buyer pays the order for
three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) Credit card of the following type:
3) in any other way by agreement with the Seller.
Note. When the Buyer pays for the order with a payment card, it is possible to charge
additional commission by the issuer of this card, in particular when paid by the Buyer
ordering with a payment card it is possible to charge an additional commission when paying
The buyer of European orders by issuers of cards Visa, Mastercard. When you click on
website page https://bmdapp.app/ corresponding section of the button
“ORDER” means that the Seller notified the Buyer about the possibility of charging
additional commission when the Buyer pays for European orders by the issuer
TERMS OF SERVICE SERVICE
8.1 The buyer receives the services of the service by downloading to the phone
Mobile service Bank of Memories. Receiving a notification to the specified number
phone and email verification of akakunta.
8.2. The fact of receiving the fact of receiving the services of a service is the debiting of funds from
user account, or an entry in the database about the installation of the service to the specified
phone in the appropriate form on the site https://bmdapp.app/
8.3. In the absence of the Buyer at the notification address indicated by the Buyer
in the application the information will be saved indefinitely in his back office with the possibility
receiving service at any time.
8.4 Funds for service connection services are not refunded.
All questions arising in the process of payment and receipt of service, Buyer
can find out by contact information in the Contacts section.
RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. Parties are responsible for failure to perform or improper execution.
terms of this Agreement in the manner prescribed by this Agreement and
current international and Ukrainian legislation.
9.2. In case of disputes related to the implementation by the Parties of this
Agreement, with the exception of disputes about the recovery of debt from the Buyer, the Parties
undertake to solve them by negotiation with the observance of the claim order.
The term for consideration of the claim is 7 (seven) calendar days from the date it was received. By
disputes in connection with the collection of debts from the Buyer
claim procedure is not required.
9.3. All disputes, controversies or claims arising from this Agreement
or in connection with it, including those relating to its execution, violation, termination
or invalidity shall be resolved in the relevant court in accordance with
international and Ukrainian substantive and procedural law.
FORCE MAJEURE CIRCUMSTANCES
10.1. The parties are not responsible for the failure of any of their
obligations, except payment obligations, if they prove that such
failure to perform was caused by force majeure, that is, events
or circumstances that are truly beyond the control of such a party,
occurred after the conclusion of this Agreement, wearing unpredictable and
Force majeure circumstances include, in particular, natural disasters,
strikes, fires, floods, explosions, icing, wars (both declared
and undeclared), insurrection, loss of goods, carrier delays caused by
accidents or adverse weather conditions, hazards and accidents on
sea, embargo, disasters, restrictions imposed by state
authorities (including allocations, priorities, official requirements, quotas and
price control) if these circumstances directly affected
performance of this Agreement.
10.2. Party for which it became impossible to fulfill obligations under
due to force majeure circumstances, this Agreement shall
immediately inform the other Party in writing of the occurrence
the above circumstances, as well as within 30 (thirty) calendar days
provide the other Party with confirmation of force majeure. So
the confirmation will be a certificate, certificate or other relevant document,
issued by an authorized state body located in
occurrence of force majeure.
10.3. The time it takes Parties to fulfill their obligations under
this Agreement will be extended for any period during which the
delayed execution due to the listed circumstances.
10.4. If due to the action of force majeure failure to perform
obligations under this Agreement lasts more than three months, each of
Parties are entitled to terminate this Agreement unilaterally, in writing
notifying the other party.
Despite the occurrence of force majeure, before the termination of this Agreement
due to force majeure circumstances, the Parties implement the final
OTHER CONDITIONS OF THE AGREEMENT
11.1. Information provided by the Buyer is confidential.
Customer information is used solely for the purpose of fulfilling it.
Order (send a message to the seller about the order of the service, send advertising
11.2. By own acceptance of the Agreement or registration on the Website
https://bmdapp.app/ (filling in the registration form for back-office authorization)
The buyer voluntarily agrees to the collection and processing of their personal
data with the subsequent goal: data that becomes known will be
used for commercial purposes, including order processing for
purchase of goods, obtaining information about the order, mailing
telecommunication means of communication (e-mail, mobile communication)
promotional and special offers, promotions, sweepstakes or
any other information about the activities of the Website http://leboutique.com/.
For the purposes specified in this clause, the Buyer shall have the right
send letters, messages and materials to the postal address, e-mail of the Buyer,
as well as send sms-messages, make calls to the specified in the questionnaire
11.3. The buyer gives the right to process his personal data, including
including: put personal data in databases (without additional
notifications about this), to provide lifelong storage of data, their accumulation,
update, change (as needed). Seller undertakes to provide
protect data from unauthorized access by third parties, do not distribute and do not
transfer data to any third party (except for data transmission related
persons, commercial partners, persons authorized by the Seller for
implementation of direct data processing for the specified purposes, as well as