This Agreement is a public contract – a public offer agreement, 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, or individual entrepreneur). By fully agreeing to this Agreement, the buyer accepts the terms and conditions for ordering, payment, and delivery of goods.
This Agreement is a contract between the sole proprietor ____________________ (online store "link to store") (hereinafter referred to as the "Seller") and any legal entity, individual entrepreneur, or individual using the online store services, hereinafter referred to as the "Buyer", that includes all essential terms for organizing the sale and purchase of goods remotely (i.e., through the online store).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Consumer Protection" No. 1023-XII of May 12, 1991, the Rules for the Retail Trade of Non-Food Products, approved by the order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007. This agreement constitutes a public offer and is equivalent to an "oral agreement" and, in accordance with the current legislation of Ukraine, has legal force.
- GENERAL PROVISIONS.
1.1. This contract is a public offer (in accordance with Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine) and contains all essential terms for the remote sale and purchase of goods through the online store.
1.2. In accordance with Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of the public contract, i.e., the public offer of the online store, is confirmed by clicking the "Place Order" or "Buy with One Click" button and payment of the order in the amount of 100% under the terms of this agreement.
1.3. The public offer is also accepted upon the Buyer's registration on the online store’s website.
1.4. By concluding the Agreement, the Buyer confirms that they are fully familiar with and agree to its terms. If the Buyer is an individual, they consent to the processing of their personal data for the purpose of fulfilling the terms of this Agreement, conducting settlements, and receiving invoices, acts, and other documents. Consent to personal data processing is valid for the entire duration of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that they have been informed (without additional notice) of their rights under the Law of Ukraine "On Personal Data Protection," the purpose of data collection, and the extent of their rights as a personal data subject, which they understand.
- TERMS AND DEFINITIONS.
2.1. "Online Store" – the seller's website ("link to store"), created for the purpose of concluding retail and wholesale purchase and sale agreements based on the Buyer's review of the product description offered by the Seller via photographs through the Internet, which excludes the possibility of the Buyer directly inspecting the product – a remote sales method.
2.2. "Product" – a list of product names available in the online store.
2.3. "Personal Data" – any information that directly or indirectly relates to a specific individual or can identify a person.
2.4. "Significant Defect of the Product" – a defect that makes the product unusable or unacceptable for its intended purpose, arises due to the manufacturer's (seller's) fault, and reappears after rectification. A significant defect is characterized by at least one of the following: a) It cannot be rectified at all; b) Rectification requires more than fourteen calendar days; c) It significantly alters the product from what was agreed upon in the contract.
- SUBJECT OF THE AGREEMENT.
3.1. The online store undertakes to transfer ownership of the product to the Buyer, and the Buyer agrees to pay for and accept the product under the terms of this Agreement.
3.2. This Agreement governs the sale of goods in the online store, including: a) Voluntary selection of goods by the Buyer from the online store’s categories; b) The Buyer's independent placement of an order on the online store’s website; c) Payment for the order by the Buyer, which was placed in the online store; d) The performance and transfer of the order to the Buyer’s ownership under the terms of this Agreement.
- ORDER PLACEMENT PROCEDURE.
4.1. The Buyer independently places an order online in the online store or through telephone communication using the contact details provided on the online store’s website.
- PRODUCT COST AND PAYMENT PROCEDURE.
5.1. The total cost of the product is indicated on the Seller's online store page.
5.2. Prices for goods and services may change depending on market conditions, which is reflected in the online store’s prices. The Seller cannot change the price for a specific Buyer if the Buyer has already accepted the Seller's terms and made the payment for the goods (services) as stipulated by this Agreement.
5.3. The Buyer shall pay for the order within 2 business days (in the amount of 100% prepayment) via bank transfer to the Seller's account specified in the invoice, including via Internet banking.
- ORDER DELIVERY.
6.1. The product is shipped to the Buyer after the receipt of 100% payment from the Buyer for the issued invoice.
6.2. Delivery and return of the product is carried out by the Seller or a transportation company (carrier) at the Buyer's expense. The total delivery time cannot exceed 10 days.
6.3. The delivery cost is not specified in the online store, as it depends on the current rates of the transportation company (carrier).
6.4. For bulk orders, delivery terms and methods are negotiated separately in each specific case.
6.5. The Seller is not responsible for delivery delays as they depend on the actions of third parties (carriers).
The agreement continues with further terms regarding product return, the rights and responsibilities of the parties, and how to handle claims and disputes.