General provisions
1.1. This document is a public offer (public offer agreement) of GLOBAL MARK LLC, EDRPOU code 45304681 (hereinafter – the Seller), and defines the procedure for purchasing goods and/or services via the website globalmark.com.ua (hereinafter – the Website).
1.2. In accordance with Articles 633, 634, 641, 642 of the Civil Code of Ukraine, this Agreement is public and addressed to an unlimited number of persons who intend to purchase Goods and/or Services placed on the Website.
1.3. Full and unconditional acceptance of the terms of this Agreement is the placing of an Order on the Website and/or payment of an invoice, which confirms the fact of conclusion of the Agreement between the Buyer and the Seller in the manner provided for by the current legislation of Ukraine.
Terms and definitions
2.1. Seller – GLOBAL MARK LLC, which sells goods and/or provides services in the field of unmanned systems, electronic components and other products presented on the Website.
2.2. Buyer – any legally capable individual, sole proprietor or legal entity that places an Order and/or purchases Goods/Services on the Website.
2.3. Goods – unmanned aerial vehicles, components, communication equipment, hardware, software and other items for which information is posted on the Website.
2.4. Order – a duly completed request by the Buyer for the purchase of Goods/Services via the Website or through the contact details indicated on the Website.
2.5. Website – the Seller’s online resource available at globalmark.com.ua, through which the Buyer can review the Goods/Services and place an Order.
Subject of the agreement
3.1. The Seller undertakes to transfer ownership of the Goods and/or provide Services to the Buyer in accordance with the terms of this Agreement, and the Buyer undertakes to accept and pay for them in the manner determined by this Agreement and the current legislation of Ukraine.
3.2. The characteristics, assortment, indicative availability and other parameters of the Goods/Services are determined on the basis of the information posted on the Website at the time the Order is placed.
3.3. This Agreement is not a government procurement supply contract unless otherwise expressly agreed by the Parties in a separate written agreement.
Order placement procedure
4.1. The Buyer places an Order via the Website or using the Seller’s contact details specified on the Website (phone, email, messengers).
4.2. When placing an Order, the Buyer must provide accurate data: full name/company name, contact phone number, email address, delivery address, details for invoicing, etc.
4.3. The Seller has the right to clarify the details of the Order, the method of payment and delivery, to agree technical specifications and other essential terms.
4.4. The Seller has the right to refuse to accept and/or fulfil an Order if the Goods are unavailable, if the Buyer’s data is inaccurate, or in case of violation of legal requirements (including restrictions on the circulation of certain categories of defence-related goods).
Price of goods and payment
5.1. The price of Goods/Services is indicated on the Website or in a commercial offer/invoice sent by the Seller to the Buyer and is stated in hryvnia or another currency with or without VAT, which is separately shown in the invoice (if the Seller is registered as a VAT payer).
5.2. The Seller may unilaterally change prices for Goods/Services, while the price of an Order already agreed and paid by the Buyer shall not be subject to change.
5.3. Payment is made in a manner agreed by the Parties:
- non-cash transfer on the basis of an invoice;
- payment by bank card via a payment service;
- other methods specified on the Website.
5.4. In case of late payment, the Seller has the right to suspend fulfilment of the Order until the funds are credited to the settlement account.
Delivery and transfer of goods
6.1. Delivery of Goods is carried out within the territory of Ukraine by courier services and/or the Seller’s own logistics in accordance with the terms indicated on the Website or in the agreed invoice/commercial offer.
6.2. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are handed over to the carrier or directly to the Buyer (depending on the agreed delivery terms).
6.3. The cost of delivery, cargo insurance terms, timeframes and other conditions are determined by the selected delivery service and/or are additionally agreed by the Parties.
6.4. Upon receipt of the Goods, the Buyer must check their quantity, completeness and external condition, and if any damage or discrepancies are found, record this in the manner established by the carrier and immediately notify the Seller.
Warranty and service
7.1. Warranty obligations for the Goods are determined by the manufacturer and/or the Seller and are specified in technical documentation, warranty cards, on the Website or in the invoice/contract.
7.2. The warranty does not cover damage caused by improper use, violation of safety rules, unauthorised interference with software or hardware, or combat use contrary to the instructions, etc.
7.3. The conditions for servicing, upgrades, repairs and technical support may be defined in separate agreements, manuals or service policies published on the Website.
Return of goods and withdrawal from the agreement
8.1. Returns of Goods of proper and improper quality are carried out in accordance with the current legislation of Ukraine, in particular the Laws of Ukraine “On Protection of Consumer Rights” and “On Electronic Commerce”.
8.2. Given the specifics of defence and special-purpose products, certain categories of Goods may be non-returnable where this is directly provided by law and/or by their technical characteristics or operating regime.
8.3. The procedure for initiating a return, time limits for review, application form and list of required documents are published on the Website or provided to the Buyer upon request.
Special conditions for defence and special products
9.1. Certain Goods (MilTech solutions, special systems, dual-use components, etc.) may be sold exclusively to entities holding the relevant status, permits, licences or other documents required by Ukrainian law.
9.2. The Seller has the right to request documents from the Buyer confirming the right to purchase such Goods and to refuse sale if such documents are not provided or if there are indications of a breach of the law.
9.3. The Buyer bears full responsibility for the intended and lawful use of the purchased Goods, including for preventing their transfer to third parties in a manner that contradicts Ukrainian and international law.
Liability of the parties
10.1. The Parties are liable for non-performance or improper performance of their obligations under this Agreement in accordance with the current legislation of Ukraine.
10.2. The Seller is not liable for failure to perform obligations if such failure is caused by force majeure: military actions, terrorist acts, emergencies, blockage of transport routes, disruptions in power systems, cyberattacks, decisions of public authorities, etc., duly confirmed.
10.3. The Seller is not liable for indirect losses, loss of profit, data or income of the Buyer related to the use or impossibility of use of the Goods/Services, unless otherwise expressly provided for in a separate written agreement.
Confidentiality and personal data
11.1. Processing of the Buyer’s personal data is carried out in accordance with the Law of Ukraine “On Personal Data Protection” and the Privacy Policy posted on the Website.
11.2. Providing personal data when placing an Order means the Buyer’s consent to their processing for the purposes of performing this Agreement, marketing communications, accounting and tax reporting and other lawful obligations of the Seller.
11.3. The Seller takes reasonable organisational and technical measures to protect personal data from unauthorised access, alteration, dissemination or destruction.
Intellectual property
12.1. All intellectual property objects posted on the Website (texts, logos, images, video, source code, technical descriptions, etc.) are owned by the Seller and/or third parties and are protected by Ukrainian law.
12.2. Any copying, reproduction, distribution or public use of Website materials without the prior written consent of the right holder is prohibited, except where directly permitted by law.
Dispute resolution
13.1. All disputes and disagreements arising between the Parties in connection with performance of this Agreement shall be resolved through negotiations.
13.2. If no agreement is reached, the dispute shall be submitted to the courts of Ukraine under the established jurisdiction in accordance with current legislation.
Term of the agreement and other conditions
14.1. This Agreement enters into force from the moment of its acceptance by the Buyer and remains in effect until full performance by the Parties of their obligations, and with respect to warranties, settlements and liability – until their complete fulfilment.
14.2. The Seller may unilaterally amend the terms of this Agreement by publishing a new version on the Website. The changes take effect from the moment of publication, unless another effective date is specified in the new version.
14.3. Posting the current version of this Agreement on the Website constitutes an official notice to Buyers of its content and of any amendments.
