Public Offer of “BlueBird” Company
Public Offer of “BlueBird” Company: Original Drones, EW, and Components
This agreement is an official and public offer by the Seller to conclude a purchase and sale agreement for the Goods presented on the website https://www.blue-bird.tech/. This agreement is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, responsibility for dishonest orders, and all other terms of the agreement. The agreement is considered concluded from the moment the “Order” button is clicked on the order page and the Buyer receives confirmation of the order from the Seller in electronic form.
1. Definitions
1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal by the Seller, addressed to an indefinite circle of persons, to conclude a purchase and sale agreement for goods remotely with the Seller (hereinafter referred to as the “Agreement”) under the terms contained in this Offer.
1.2. Goods or Services – the object of the agreement between the parties, which was selected by the buyer on the website, or already purchased by the Buyer from the Seller remotely.
1.3. Seller’s website at https://www.blue-bird.tech is created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer’s acquaintance with the description of the Goods offered by the Seller through the Internet.
1.4. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the site for purposes not related to entrepreneurial activities, or a legal entity or individual entrepreneur.
1.5. Seller – LLC “BlueBird,” a legal entity created and operating in accordance with the current legislation of Ukraine.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of concluding the Offer Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is considered the date of filling out the order form by the Buyer located on the site, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be drawn up in written form.
3. Placing an Order
3.1. The Buyer independently places an order on the website by clicking the “Order” button, or by placing an order via email or by phone number indicated in the contacts section.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about its validity.
3.3. When placing an order on the website, the Buyer is obliged to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. Buyer’s surname, first name;
3.3.2. Address to which the Goods should be delivered (if delivery to the Buyer’s address);
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s shopping cart on the online store’s website.
3.5. If either party to the agreement requires additional information, it has the right to request it from the other party. If the necessary information is not provided by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller’s operator (p. 3.1. of this Offer), the Buyer is obliged to provide the information specified in p. 3.3 – 3.4. of this Offer.
3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer in the registration form on the website or when placing an Order through the operator. After placing the Order through the operator, the Buyer’s data is entered into the Seller’s database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, i.e., accepting the terms of this offer (the proposed terms for purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this offer;
b) They consent to the collection, processing, and transfer of personal data, the consent to the processing of personal data is valid throughout the entire term of the Agreement, and also for an unlimited period after its termination. Furthermore, by concluding the agreement, the Buyer confirms that they have been informed (without additional notification) about the rights established by the Law of Ukraine “On Personal Data Protection,” about the purposes of data collection, as well as that their personal data is transferred to the Seller for the possibility of fulfilling the terms of this Agreement, the possibility of conducting mutual settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notifications to the Buyer to fulfill the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data under the Law of Ukraine “On Personal Data Protection” is known and understood.
4. Price and Delivery of Goods
4.1. The prices for Goods and services are determined by the Seller independently. All prices for Goods and services are listed on the website in hryvnias, inclusive of VAT.
4.2. The prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a specific unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The price of the Goods indicated on the website or by the operator does not include the delivery cost of the Goods to the Buyer. The Buyer pays the delivery cost according to the current tariffs of the delivery services (carriers) directly to the chosen delivery service (carrier).
4.4. The Seller may indicate an estimated delivery cost of the Goods to the Buyer’s address upon the Buyer’s request to the Seller by sending an email or when placing an order through the online store operator.
4.6. The Buyer’s payment obligations for the Goods are considered fulfilled once the funds are credited to the Seller’s account.
4.7. Upon receiving the Goods, the Buyer must check the compliance of the Goods with quality and quantity specifications (product name, quantity, completeness, expiration date) in the presence of the delivery service (carrier) representative.
4.9. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature on the receipt/invoice or the order/shipping document that there are no claims regarding the quantity, appearance, and completeness of the Goods.
4.10. The ownership and the risk of accidental loss or damage of the Goods transfer to the Buyer or their Representative from the moment the Goods are received by the Buyer in the city of delivery for self-pickup from the Seller, or upon transfer by the Seller of the Goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and when fulfilling the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally, by posting them on the website. All changes take effect from the moment of their publication.
5.3. The Buyer is obliged to:
5.3.1. Before entering into the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website.
5.3.2. To enable the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that clearly identify them as the Buyer and are sufficient for delivering the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not satisfy them in terms of shape, dimensions, design, color, size, or for other reasons cannot be used as intended. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of goods of proper quality is allowed if they have not been used and if their marketable condition, consumer properties, packaging, seals, labels, and the receipt issued to the Buyer for payment for the Goods are preserved. The list of goods not subject to return on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund for goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided the requirements stipulated in clause 6.1. of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of the goods is refunded by bank transfer to the Buyer’s account.
6.4. The return of goods of proper quality to the Seller’s address is at the Buyer’s expense and is not reimbursed by the Seller.
6.5. If defects in the Goods are discovered during the established warranty period, the Buyer has the right to submit claims to the Seller as provided by the Law of Ukraine “On Consumer Protection” in the manner and within the timeframes established by the legislation of Ukraine. When claiming free repair of defects, the period for their repair is counted from the date the Seller receives the Goods at its disposal and gains physical access to such Goods.
6.6. The Seller considers claims as provided by the Law of Ukraine “On Consumer Protection” if the Buyer provides documents as stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer due to the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties if the specified goods can only be used by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, configuration, etc. as per the Buyer’s request). The confirmation that the goods have individually defined properties is the difference in the sizes and other characteristics of the goods specified on the website.
6.8. The return of goods in cases provided by law and this Agreement is carried out at the address specified on the website in the “Contacts” section.
7. Liability
7.1. The Seller is not liable for damages caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper or untimely execution of Orders and its obligations if the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from liability for full or partial non-fulfillment of their obligations if such non-fulfillment results from force majeure circumstances such as war or military actions, earthquakes, floods, fires, and other natural disasters that occurred independently of the Seller’s and/or the Buyer’s will after the conclusion of this Agreement. The Party unable to fulfill its obligations must immediately notify the other Party.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the website during registration or order placement, the Buyer gives the Seller their voluntary consent to process, use (including transfer), and perform other actions with their personal data as provided by the Law of Ukraine “On Personal Data Protection,” without limiting the validity period of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a breach of confidentiality for the Seller to provide information to contractors and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, and in cases where the disclosure of such information is required by current legislation of Ukraine.
8.3. The Buyer is responsible for maintaining the accuracy of their personal data. The Seller is not responsible for poor performance or non-fulfillment of its obligations due to inaccurate or outdated information about the Buyer.
9. Other Conditions
9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If a dispute cannot be resolved through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for dispute resolution in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally as provided by clause 5.2.1. of the Agreement. Additionally, changes to the Agreement can be made by mutual consent of the Parties in the manner prescribed by the current legislation of Ukraine.
10. Seller Information
LLC “BlueBird”
Location: Odesa, Ukraine
Telegram: https://t.me/BlueBirdDronesBot
Email: Mybluebirddrones@gmail.com
HR Manager: +380 93 205 54 20
