Terms of service

This offer is an official offer of the online store "Adaptis", located at the domain name www.adaptis.com (www.adaptis.me), on whose behalf the Limited Liability Company "ADAPTIS" (Adaptis LLC), EDRPOU code 45216941, which is a payer of value-added tax and authorized legal entities or individual entrepreneurs (hereinafter referred to as "Partners"), hereinafter referred to as the "Seller" or "Executor", to conclude a Contract for the purchase and sale of goods remotely through the Online Store, and places the Offer (proposal) on the official Online Store www.adaptis.com.

 

1. DEFINITION OF TERMS

1.1. Public offer (hereinafter referred to as the "Offer") is a public offer by the Seller, in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine, addressed to an unspecified group of persons, to conclude with the Seller or the Seller's Partners a contract for the purchase and sale of goods remotely (hereinafter referred to as the "Agreement") on the terms contained in this Offer, including all annexes.

1.2. "Seller's Site" or "Online Store" - a means for presenting or selling goods, work or orders by making an electronic transaction available for viewing by Buyers on the Internet resource at the link: www.adaptis.com, where the Seller's Goods are posted.

1.3. "Goods" - goods, works or services sold by the Seller or its Partners, information about the sale of which is posted on the Internet resource at the link: www.adaptis.com

1.4. "Order" - actions of the Buyer carried out using the Seller's Site, for the purpose of providing an Order or purchasing individual items from the list of Goods offered for sale on the Online Store website, which consist in sending the Seller a message about the intention to purchase the Goods.

1.5. "Working hours" - the working hours of the Online Store, which are from 10:00 to 18:00 from Monday to Sunday, except for holidays and non-working days.

1.6. "Buyer" or "Customer" - an individual or legal entity that has concluded an Agreement with the Seller on the terms contained in this Offer.

1.7. "Order Form" - information sent by the Seller to the Buyer, containing the following information: name of the Goods for which the Agreement is concluded between the Seller and the Buyer, quantity of Goods, unit price of Goods and the Order, total cost of the Order, delivery terms, delivery time, payment terms, Order date and other information at the Seller's discretion.

1.8. "Delivery" is a separate service that the Contractor may provide with the consent and at the request of the Customer, which includes ordering equipment on behalf of the Buyer and further equipping (adapting) the equipment with Goods that is transferred by the Buyer or included in the Order.

1.9. "Seller" - Adaptis Limited Liability Company or persons (entities) with whom cooperation agreements have been concluded, including, but not limited to, under the terms of commercial concession agreements.

1.10 Other terms used in this Offer are defined in accordance with the norms of the current legislation of Ukraine.

2. SUBJECT OF THE CONTRACT

2.1. The Seller undertakes to sell the Goods in accordance with the Order and, additionally, to combine the entire set of Goods under the Order, and the Buyer undertakes to accept and pay for the Goods or the set of Goods combined under the Order at the prices specified in the description of the Goods on the relevant page of the Seller's Website, the Order Form or at another price agreed upon by the Parties by means of an Order through the Online Store under the terms of this Offer, the latest version of which is posted on the Seller's Website.

3. GENERAL PROVISIONS

3.1. The Buyer's order for the Goods posted on the Seller's Website and (or) the provision of the Order means that the Buyer agrees to all the terms of this Offer.

3.2. The Seller's website administration has the right to make changes to the Offer without prior notice to the Buyer.

3.3. The validity period of the Offer is not limited, unless otherwise indicated on the Online Store website. The validity period of the Offer for specific, individual items of the Goods presented on the Seller's Website and the Order may be limited by the period of availability of the corresponding items in the Seller's warehouse or the terms of this Offer.

3.4. The Seller provides the Buyer with truthful information on the Online Store website about the Goods(s), main consumer properties, warranty period and possibilities of fulfilling the Order at the Buyer's request.

3.5. Response According to Art. 642 of the Civil Code of Ukraine, the full and undisputed acceptance of the terms of the public Agreement, i.e. the public Offer of the Online Store, is the fact of placing an order and paying for the order in the amount specified in clause 4.8 of this Offer.

3.6. By accepting in the manner specified in clause 3.5 of this Offer, the Buyer confirms that he is familiar with, agrees with, fully and unconditionally accepts all the terms of the Agreement in the form in which they are set out in the text of the Offer and the annexes, which are an integral part.

3.7. The Parties agree that the Goods under this Agreement may be created for the Buyer's individual order, incl. under the Order, based on this, the Buyer does not have the right to refuse the Goods of proper quality from the moment of payment.

3.8. The Agreement cannot be revoked, but its terms may be changed by the Seller

3.9. The Agreement does not require sealing and/or signing by the Seller and the Buyer and retains legal force. Electronic copies of documents, including electronic correspondence, are equated to original documents and do not require approval on physical media, paper. The parties may separately use an electronic digital signature (EDS), signature prints, services for exchanging electronic documents. Electronic messages and copies of documents are considered received on the next business day from 00:00 Kyiv time.

3.10. All textual information about the Goods and graphic images of the Goods located on the website www.adaptis.com are the property of the Seller, unless otherwise provided by the relevant documents.

3.11. The Goods are sold exclusively for personal use by the Buyer as an end consumer.

3.12. The information materials presented on the Seller's Website are for reference purposes and are not capable of fully conveying true information about certain properties and characteristics of the Goods and the terms of the Order, such as: color, shape, size and packaging. If the Buyer has any questions regarding the specified properties and characteristics, the Buyer should contact +38 (073) 169-0000 or write to the e-mail welcome@adaptis.com.

3.13. The Seller (and its Partners) is not a provider or supplier of Internet access services on the Starlink network and does not bear any responsibility for the quality of such services, for the provision of such services by its provider, and also does not bear any obligations to ensure the proper operation of Starlink equipment (terminals). The Seller (and its Partners) is not responsible for the Buyer's choice of a tariff plan for Internet access on the Starlink network and for any violation of the terms of use of such tariff plan by the Buyer or any other users of such equipment (terminals). 

4. PRICE OF THE GOODS AND FEE FOR PERFORMING THE ORDER

4.1. The price for each item of the Goods is indicated on the website of the Online Store. For some items, the price for the Order may be included in the price of the Goods. In the event of a wholesale order for the Goods, the final price may be sent to the Buyer in the Order Form via e-mail or other means of communication for confirmation.

4.2. The Seller has the right to unilaterally change the price for any item of the Goods and the fee for performing the Order.

4.3. In the event of a change in the price of the ordered Goods and (or) and the fee for performing the Order, the Seller undertakes to inform the Buyer of such changes within 3 (three) business days.

4.4. A change by the Seller of the price for the Goods paid by the Buyer and the fee for performing the Order is allowed only if the volume or nature of the work performed to manufacture the order changes, the contractual price is subject to change and is agreed upon by the Parties separately.

4.5. The Seller may indicate the cost of delivery of the Goods and the fee for the execution of the Order on the website of the Online Store or notify the Buyer of it when placing an order.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds.

4.7. The Buyer pays the price of the Agreement by transferring funds to the Seller's account or by other payment methods provided for by the current legislation of Ukraine.

4.8. Payment method - prepayment of the Order in the amount of 100% (one hundred percent). Payment is made in hryvnia or in foreign currency at the NBU exchange rate and the price of the Goods effective on the date of payment.

4.9. When paying to the Seller's foreign currency account, an Application is drawn up with the Buyer's personal data, including, but not limited to: full name, address, phone number , email address.

5. ORDERING

5.1. The Buyer orders the Goods and places the Order by phone +38 (073) 169-0000 or through the service of the Online Store website.

5.2. Having approved the Order for the selected Goods and certain Orders, the Buyer provides the necessary information specified in clause 5.3. of this Offer.

5.3. When placing an Order, the Buyer undertakes to provide the following information:

5.3.1. surname, first name, patronymic of the Buyer or the person indicated by him (recipient), name of the legal entity and its representative;

5.3.2. full bank details for issuing the Invoice (if necessary);

5.3.3. address to which the Goods should be delivered (provided that delivery is to the Buyer's address);

5.3.4. e-mail address (if necessary);

5.3.5. contact phone number.

5.4. If the Seller needs additional information, he has the right to request it from the Buyer.

5.5. The Seller sends the Buyer an Order Form with all order details, and the Buyer undertakes to familiarize himself with it and make payment for the Goods. The Order placed by the Buyer is a notification of the Buyer's intention to purchase the Goods on these terms. The fact of placing the Order by the Buyer and sending the Seller a notification of the intention to purchase the Goods is confirmed by the Seller sending a message to the Buyer's email address or by filling in the fields of the Order Form.

5.6. When placing an Order by phone, the Buyer is sent a link to this Offer along with the Order Invoice. By paying for the Goods, the Buyer agrees to all the terms of this Offer.

5.7. Only after the Seller sends the prepared Invoice to the Buyer, the Buyer can pay for the Order.

5.8. Documents are transferred to the Goods transferred to the Buyer in accordance with the current legislation of Ukraine.

5.9. The Seller undertakes to begin the execution of the Order under the Order on the next business day from the moment of receipt of the prepayment amount provided for in clause 4.8. of this Offer and to execute the Order within 5 days, and if necessary, in particular if it is necessary to perform work on its production for the sale of certain items of the Goods), the term for the execution of the Order is extended for the duration of such circumstances. 

5.10. The Buyer is responsible for the veracity of the information and measurements provided by the Buyer to the Seller, necessary for the execution of the Order.

5.11. The Seller reserves the right to refuse to manufacture any Goods or execute Orders without explaining the reasons.

5.12. When placing an Order for the Goods and providing an Instruction, the Buyer agrees to the condition that technical elements of the original Starlink kit may be removed for the purpose of further installation of additional elements. This procedure leads to deformation of the technical elements, therefore they are not subject to return to the Buyer, the Seller and the manufacturing company. It is not possible to return the device to its original appearance after the work has been performed, the Buyer agrees with this.

5.13. In the event that the Buyer makes a payment for the Goods during non-Working hours, the funds will be credited during the Working hours of the next working (banking) day.

5.14. By filling out the Order Form, you agree to the collection, processing and transfer of your personal data left on the website at the link: www.adaptis.com, including to the Seller's Partners and contractors. You can read our privacy policy at the link: www.adaptis.com.

6. DELIVERY OF GOODS TO THE BUYER AND RETURN

6.1. If the Contract for the purchase and sale of goods by distance means is concluded with a condition on the delivery of the Goods to the Buyer, the Seller is obliged to deliver the Goods to the place (to the relevant post office of the postal operator) specified by the Buyer within Ukraine (excluding temporarily occupied territories) within the time period established by the Contract.

6.2. The Buyer indicates the place of delivery of the Goods when placing an Order for the purchase of the Goods.

6.3. The term of delivery of the Goods to the Buyer consists of the term of processing and manufacturing the order, the term of delivery and is indicated in the Order Form. The delivery time of the Goods is indicated by the Seller approximately, due to the fact that the transport company may set a different term based on logistics conditions. The Buyer is obliged to accept the Goods of proper quality, which are delivered to him from the Seller. Failure by the Buyer to receive the ordered and paid The return of the Goods is not a basis for a refund of the money paid for such Goods. In this case, the Goods are returned to the Seller and subsequently such Goods are transferred to the Buyer only on condition that the Buyer pays for the losses incurred and the costs of returning and storing such Goods.

6.4. Information about the Goods, the terms of the warranty for the Goods are brought to the attention of the Buyer in the documentation attached to the Goods.

6.5. Processing a refund for the Goods takes from 3 to 10 business days after receiving and inspecting the Goods in our service center. Please note that in the event of a return of the Goods, the Seller does not bear the costs of shipping such Goods.

6.6. The return of the Goods is carried out in cases stipulated by the legislation on consumer protection, within 14 (fourteen) days after the transfer of the Goods to the Buyer, if the product appearance of the Goods, consumer properties of the Goods, as well as a document confirming the fact and conditions of purchase of the specified Goods, as well as upon presentation of documents confirming the improper quality of the Goods. In the event that the Seller decides to refund the money in the event of the Buyer's refusal of the Goods of proper quality, the Seller returns to the Buyer the amount of money paid by him for the Goods, minus the Seller's expenses incurred for bank commissions and delivery of the returned Order from the Buyer, within the period stipulated by the legislation of Ukraine (subject to the provision of all necessary documents from the Buyer) and the actual return of the Goods. The date of refund will be considered the day of debiting the funds from the account of the Seller or the Partner who shipped the Goods. When returning the prepayment paid by the Buyer in a non-cash manner, the bank commissions paid by the Buyer in this regard are not compensated by the Seller.

6.7. Along with submitting claims in accordance with clause 6.6. of this Offer, the Buyer undertakes to return the Goods specified in the Order to the Seller. The fact of returning the goods is confirmed by a certificate of return of the goods and is signed by the Seller and the Buyer.

6.8. In the event of a warranty case, the Buyer must send a photo and description of the problem to the email address service@adaptis.com within three calendar days from the moment the relevant problem is discovered, but no later than the expiration of the warranty period. Warranty obligations regarding Starlink terminals are borne exclusively by the manufacturer of such goods 

6.8.2. The warranty does NOT apply to:

  • mechanical damage;
  • scratches, abrasions and damage to the integrity of the Product that occurred during operation;
  • defects caused by lack of proper care or improper operation;
  • replaceable parts;
  • self-repair;
  • damage caused by weather conditions, military operations
  • returned Product without preserving the full package.

7. RESPONSIBILITY OF THE PARTIES

7.1. The Seller is not responsible for the improper use of the Goods purchased under the Agreement by the Buyer. You can read the full instructions at the link: www.adaptis.com.

7.2. The Seller has the right to transfer its rights and obligations to fulfill the Buyer's Order to third parties, remaining responsible to the Buyer for the provision of the goods ordered by the Buyer.

7.3. The Seller has the right to record telephone conversations with the Buyer. At the same time, the Seller undertakes to prevent attempts to gain unauthorized access to information about the Buyer and/or transfer it to persons not directly related to the execution of Orders, as well as to timely detect and terminate such attempts.

7.4. The right of ownership to the Goods specified in the Order, as well as the risk of accidental loss or damage to them, shall pass to the Buyer from the moment the Goods are transferred to him.

7.5. The Seller is not responsible for the content and veracity of the information provided by the Buyer when placing the Order. The Seller is exempt from liability for violation of the terms of delivery in the event that the Buyer provides false information about himself when placing the Order.

7.6. The Buyer is responsible for the accuracy of the information provided when placing an Order.

7.7. When purchasing the Goods, the Buyer understands that the Seller does not own the intellectual property rights to all components, which may include equipment from Starlink (SpaceX) and Bluetti and others, the aforementioned companies have their own terms of use, which the Buyer must familiarize himself with before placing an Order at the links: https://www.starlink.com, https://www.bluettipower.eu etc.

7.8. The Buyer agrees and is responsible for taking appropriate precautions to ensure that the mounting of the Goods' equipment is installed on a horizontal surface that will allow the Goods to be firmly fixed using the complete mounting. The Buyer understands that equipment that has fallen onto the road or from the object on which it is installed due to improper installation may cause serious accidents that may result in bodily injury and is solely responsible for this.

7.9. The Seller does not bear any responsibility for the Buyer's use of the Goods and the consequences that may be caused by improper use and mounting to metal of inadequate quality.

7.10. The Seller will make every effort to meet the delivery deadlines, but delivery is also carried out taking into account the deadlines set by the transport company or postal operator. The Seller is not responsible for increasing the delivery deadline for the Goods if the transport company (postal operator) has set other delivery deadlines taking into account logistical features, force majeure circumstances and other reasons.

7.12. The Seller's obligation to transfer the Goods included in the Order to the Buyer arises only after the conclusion of a contract of sale of the Goods between the Buyer and the Seller, the moment of conclusion of which is determined in accordance with clause 3.5 of this Offer.

7.13. In the event that the Buyer fails to make a prepayment of the Order amount within the time limit specified in clause 4.8 of the Offer, in the amount and within the period specified in the Order Form, this non-payment will be recognized by the Seller as a unilateral refusal of the Buyer to fulfill this Offer, which will mean the termination of the contract of sale of Goods concluded between the Buyer and the Seller, unilaterally (at the Buyer's initiative) and terminate:

  • the Seller's obligation to the Buyer to sell the Goods to the latter on prepayment terms;
  • the Buyer's right to claim from the Seller to sell the Goods to the Buyer on prepayment terms.

8. DISPUTE REVIEW PROCEDURE

8.1. Buyers' claims are considered by the Seller in accordance with the procedure and terms established by the current legislation of Ukraine.

8.2. Buyers' claims are accepted by the Seller for consideration by e-mail welcome@adaptis.com.

8.3. When considering disputed situations, the Seller has the right to request from the Buyer all necessary documentation to resolve the situation. If the Buyer fails to provide documents after the expiration of the warranty obligations, the claim shall not be considered by the Seller.

8.4. The Seller and the Buyer, taking into account the nature of the service provided, undertake, in the event of disputes and disagreements related to the provision of services, to apply the pre-trial procedure for resolving disputes. If it is impossible to resolve the dispute in a pre-trial procedure, the interested party has the right to apply to court.

8.5. On all issues not regulated by this Agreement, the parties are guided by the current legislation of Ukraine.

8.6. Recognition by the court of the invalidity of any provision of this Agreement and the rules does not entail the invalidity of the remaining provisions.

9. SELLER DETAILS

ADAPTIS LLC, EDRPOU: 45216941, TIN: 452169426512