Sale & Purchase Agreement
Official public offer to conclude a sale and purchase agreement for the Goods presented at shop.pobachymo.com. The Seller operates as a sole trader registered in Ukraine and ships the Goods from Ukraine. The terms are identical for all Buyers — please read them carefully before placing an order.
Definitions
- Seller
- Roman Bordun — a sole trader registered in Ukraine (FOP, Ukrainian tax ID 3186807899), acting under the laws of Ukraine.
- Buyer
- Any person with legal capacity who has accepted this offer on the terms below.
- Goods
- Multimedia projectors, optics, accessories and other catalogue items. The majority of the Goods are used (second-hand), which is clearly stated in each item's description.
- Site
- The online store shop.pobachymo.com with all its pages, product cards and services.
- Short Description
- An information block in the product card stating the condition of the specific unit, its 10-point rating, known defects, cosmetic nuances and the set of accessories.
Subject of the Agreement
2.1. The Seller transfers ownership of the Goods to the Buyer, and the Buyer pays for and accepts the Goods on the terms of this Agreement.
2.2. The specifications, current condition (including light-source operating hours) and the set of accessories of each unit are stated in its card on the Site. The Buyer confirms having reviewed them prior to acceptance.
2.3. Each used item is unique; the images in the card show the exact unit offered for sale.
Conclusion of the Agreement
3.1. Acceptance of this Agreement is any of the following actions by the Buyer: clicking the “Buy” or “Place order” button, ordering through a manager, or paying the Seller.
3.2. By accepting, the Buyer confirms having read and fully agreed to this Agreement.
3.3. Before acceptance, the Buyer reviews the Short Description of the specific unit. By accepting, the Buyer confirms having examined the description and photographs of that exact unit, agreed with its condition, rating and listed defects, and raises no objections regarding them. If needed, before payment the Buyer may request additional photos or details about the chosen unit.
Price & Payment
4.1. Prices are stated in euro (EUR). The Seller may change the price before acceptance; the price of a confirmed order is fixed for the Buyer.
4.2. The Buyer selects a convenient payment method:
Used Goods: Specifics
5.1. The Buyer understands and accepts that they are buying a used device previously in operation. Such Goods bear traces of use, which is their normal characteristic and not a defect.
5.2. The measure of quality is the image the projector produces on screen — not the appearance of the housing or the lens surface. Cosmetic traces that do not cause visible defects in the projected image during normal viewing are not considered defects.
5.3. The following, in particular, are considered normal for a used projector (not grounds for a claim):
- dust inside the projector, under the lens, on the lens and on internal optical elements;
- micro-scratches and light wear on the lens that do not create visible permanent defects (spots, lines, shadows) on the image;
- minor traces on internal filters and mirrors.
- dirt, paint traces, marker writing, scuffs, scratches, abrasions;
- chips and small hairline cracks in the plastic that do not affect operation or structural integrity;
- traces and minor damage at mounting points after de-installation from a ceiling/wall in institutions;
- yellowing or fading of the plastic, worn button labels.
- missing individual feet, caps, lens cap, pouch or original box — unless listed as included;
- traces of inventory stickers and markings of a previous (often institutional) owner;
- sometimes a bonus — a bracket / ceiling-mount element.
- fan noise level typical for the model;
- occasionally a sticking individual button on the housing — the function is duplicated by the remote, so it is deemed resolved;
- cosmetic wear of the remote; operating hours are a reference indicator of condition, not a guaranteed remaining lifespan.
- visible permanent image defects on screen — persistent spots, bands, shadows, clusters of dead pixels, inability to focus across the field;
- non-functioning of declared interfaces or features;
- failure of the device to power on or hold a working state.
5.4. We rate each unit's condition on a 10-point scale (in 0.5 steps) and state it in the product's Short Description. As a guide: 10 — new; 9–9.5 — like new or pristine; 7.5–8.5 — minor cosmetic traces (small scratches, scuffs); 6–7 — more noticeable traces, possible chips or cracks that do not affect the image; 3–4 — the lowest ratings. Technically faulty units do not enter normal sale; they may be offered separately as “for repair” or “for parts”, which is clearly stated in the Short Description, and the warranty does not cover them.
5.5. Known defects and cosmetic nuances stated in the Short Description of a specific unit are deemed accepted by the Buyer at the moment of acceptance and do not constitute a lack of conformity. Goods marked “for repair” or “for parts” are supplied “as is”. This does not limit a consumer's right to withdraw within 14 days (section 8).
5.6. Material individual features of a specific unit (noticeable traces, missing elements) are additionally described and/or shown in its card. By accepting the Agreement, the Buyer agrees to the condition of the exact unit ordered.
5.7. Before shipping, the Seller checks the functionality of each device (panel, optics, interfaces) and honestly describes its condition.
Warranty
6.1. For used Goods the Seller provides its own functionality warranty for 90 days from the date of receipt, unless a different period is stated in the model's card. The warranty covers the functionality of the device's main assemblies.
6.2. The warranty does not cover: Goods marked “for parts” or “for repair”; and cases of misuse — operation in smoky/dusty premises without filter cleaning, water ingress, power surges without protection, mechanical damage, unauthorized opening or repair, resetting the hour counter.
6.3. To make a warranty claim, the Buyer provides the Goods complete with all accessories and the proof of purchase.
6.4. Irrespective of the Seller's warranty, a Buyer acting as a consumer has statutory rights regarding the conformity of the Goods (Directive (EU) 2019/771). For used Goods the liability period may be reduced under applicable law, but not below one year.
Delivery & Transfer of Risk
7.1. Delivery is by carrier or self-collection. The Goods are shipped from Ukraine. Shipment without prepayment, with inspection on receipt, is possible (if the carrier offers this option).
7.2. Ownership and the risk of accidental damage or loss pass to the Buyer upon handing the Goods to the Buyer or the carrier. Claims regarding transport damage are made to the carrier at the place of receipt.
7.3. As the Goods are shipped from Ukraine, customs duties and VAT may arise upon importation into the Buyer's country; they are settled and borne by the Buyer under the laws of their country.
Returns & Withdrawal
8.1. A Buyer acting as a consumer has the right to withdraw from a distance contract within 14 days without giving a reason, under consumer-protection rules (Directive 2011/83/EU). The period runs from the day the Goods are taken into possession; sending the withdrawal notice before the deadline is sufficient.
8.2. The Buyer bears the direct cost of returning the Goods. The consumer is liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
8.3. If a defect is found that did not arise through the Buyer's fault, section 6 (Warranty) and the rules on conformity of goods apply.
8.4. Refunds are made using the same payment method, after the Seller has received and checked the returned Goods.
8.5. Condition and defects disclosed in advance in the Short Description are not treated as a lack of conformity and give no right to a claim on that basis. This does not limit the consumer's right to withdraw within 14 days.
Liability of the Parties
9.1. The Seller is not liable for losses caused by improper use, storage or transport of the Goods by the Buyer after receipt.
9.2. The Seller's total liability under this Agreement is limited to the value of the purchased Goods, to the extent permitted by law. This does not exclude or limit consumer rights under mandatory law.
9.3. The Seller makes efforts to keep the information on the Site accurate but does not guarantee the absence of technical errors; the data agreed upon order confirmation prevails.
Force Majeure, Data & Disputes
10.1. Force majeure. The Parties are released from liability for non-performance caused by force majeure (in particular acts of war, power outages, decisions of authorities, carrier failures).
10.2. Personal data (GDPR). By accepting the Agreement, the Buyer consents to the processing of their personal data for order fulfilment, in accordance with Regulation (EU) 2016/679 (GDPR). Data is not shared with third parties except those necessary for delivery and payment.
10.3. Disputes. Disputes are resolved through negotiation. A consumer may use the EU ODR platform (ec.europa.eu/consumers/odr). The Agreement is governed by the law of Ukraine, which does not deprive the consumer of the protection of the mandatory provisions of their country of habitual residence (Article 6, Rome I Regulation).