PUBLIC OFFER AGREEMENT
This Agreement is a public agreement - a public offer agreement, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their status (individual, legal entity, individual entrepreneur). By fully agreeing to this Agreement, the buyer accepts the terms and conditions for placing an order, payment, and delivery of goods.
This Agreement is an agreement between Individual Entrepreneur Kuryk Nataliia Hryhorivna, acting on the basis of State Registration, date of state registration in the Unified State Register: 30.10.2014; registration number: 20380000000038231, taxpayer registration card number 3129418082 (hereinafter referred to as the "Seller") and any legal entity, individual entrepreneur, or individual, hereinafter referred to as the "Buyer" (hereinafter - "Buyer"), which includes all essential terms for organizing distance selling.
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 dated May 12, 1991, the Rules for Retail Trade in Non-Food Goods, approved by order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007, and the provisions of Resolution of the Cabinet of Ministers of Ukraine No. 172 dated March 19, 1994.
1. General Provisions
1.1. This agreement 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 organizing distance selling.
1.2. In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of a public contract, i.e., a public offer, is the moment of sending an order letter to the Seller's email address specified in this offer, or the moment of placing an order through the electronic communication channel chosen by the Seller and acceptable to the Buyer.
1.3. A public offer is also formalized by filling out an electronic form posted on the Seller's website.
1.4. By concluding the Agreement, the Buyer confirms that they are fully and completely familiar with and agree to its terms, and also, if the Buyer is an individual, gives permission for the processing of their personal data for the purpose of fulfilling the terms of this Agreement, enabling mutual settlements, and receiving invoices, acts, and other documents. Permission for personal data processing is valid throughout the entire term of the Agreement. Furthermore, by concluding this 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. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by them.
2. Terms and Definitions
2.1. "Seller's Website" - an interface created for concluding retail and wholesale purchase and sale agreements, allowing the Buyer to familiarize themselves with the Goods offered by the Seller through photographs via the Internet, without excluding the possibility of direct acquaintance of the buyer with the Goods.
2.2. "Goods" - a list of assortment items presented on the Seller's website.
2.3. "Personal data" - any information directly or indirectly related to a specific person, or identifiable person.
2.4. "Significant defect of the Goods" - a defect that makes it impossible or unacceptable to use the goods in accordance with their intended purpose, arose through the fault of the manufacturer (seller), reappears after its elimination for reasons independent of the consumer, and at the same time possesses at least one of the following characteristics:
a) it cannot be eliminated at all;
b) its elimination requires more than fourteen calendar days;
c) it makes the product significantly different from what was stipulated by the contract.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to pay for and accept the goods under the terms of this Agreement.
3.2. This agreement regulates the purchase and sale of Goods, including:
a) voluntary selection of goods by the Buyer by categories;
b) independent placement of an order by the Buyer on the website or by other agreed means of electronic communication;
c) payment for the placed order by the Buyer;
d) fulfillment and transfer of the order to the Buyer as ownership under the terms of this Agreement.
4. Order Placement Procedure
4.1. The Buyer independently places an order online on the Seller's website, or through telephone communication means using the contacts indicated thereon.
5. Cost and Payment Procedure for Goods
5.1. The full cost of the product is indicated on the description pages of the corresponding Product.
5.2. Prices for Goods and services may change depending on market conditions, which is reflected in the Seller's prices. The Seller cannot change the price for a specific Buyer if the Buyer has already accepted the Seller's terms and paid for the goods (services) in the manner established by this agreement.
5.3. The Buyer pays for the order within 2 working days (100% prepayment) by bank transfer of funds to the Seller's current account specified in the invoice, including through Internet banking.
6. Order Delivery
6.1. The shipment of goods to the Buyer occurs after the Seller receives 100% payment for the issued invoice.
6.2. Delivery and return of goods are carried out by the seller or a transport company (carrier) at the Buyer's expense. The total delivery period cannot exceed 10 days.
6.3. The cost of delivery is not indicated on the website and depends on the current tariffs of the transport company (carrier).
6.4. When ordering wholesale batches, delivery times and methods are agreed upon separately in each specific case.
6.5. The Seller is not responsible for the delivery time of the order, as they depend on the actions of third parties (carriers).
6.6. Payment for delivery is made by the Buyer directly to the Carrier Company upon receipt of the goods. The exact cost of delivery is determined by the carrier company.
7. Return of Goods of Proper Quality
7.1. The Buyer has the right to exchange goods of proper quality for an analogous one from the seller from whom it was purchased, if the goods did not satisfy him in terms of form, dimensions, style, color, size, or for other reasons cannot be used by him for its intended purpose under the following conditions:
A) the goods for exchange were provided to the Seller within no more than fourteen days, not counting the day of purchase;
B) the goods can be replaced if they have not been used, do not contain traces of use, and if their marketable appearance, consumer properties, seals, labels, films are preserved, and the integrity of the packaging of both the goods themselves and their components is not violated;
C) the goods do not contain scratches, chips, abrasions, are fully functional;
D) the complete set of the sold goods is preserved;
E) the goods can be exchanged upon presentation by the Buyer of a settlement document issued to the Buyer along with the sold goods.
7.1.1. The requirements of 7.1. do not apply to goods, in accordance with Annex No. 3 to Resolution of the Cabinet of Ministers of Ukraine dated 19.03.94 No. 172 "On the Implementation of Certain Provisions of the Law of Ukraine "On Consumer Protection", classified as a List of goods of proper quality that are not subject to exchange (return).
7.2. In case the goods do not meet the conditions specified in subparagraphs A) - E) of paragraph 7.1., the Seller has the right to refuse to exchange the goods.
7.3. Transportation costs for the delivery of Goods upon exchange under paragraph 7.1. are borne by the Buyer.
7.4. When exchanging goods, its warranty period is recalculated from the day of exchange.
7.5. If, at the time of exchange, an analogous product is not available for sale, the buyer has the right either to purchase any other goods from the available assortment with a corresponding recalculation of the cost, or to terminate the contract and receive back the money in the amount of the cost of the returned product, or to exchange the product for an analogous one upon the first receipt of the corresponding product for sale.
8. Rights and Obligations of the Parties
8.1. The Buyer is obliged to:
a) familiarize themselves with the information about the goods posted on the seller's website or provided by the Seller at their request;
b) independently place an order on the website;
c) timely pay for and receive the order from the Carrier under the terms of this agreement;
d) upon receipt of the goods from the carrier, verify its integrity and completeness by inspecting the contents of the packaging. In case of damage or incomplete packaging, document them in an act, which must be signed by the Buyer and the carrier's employee.
8.2. The Buyer has the right to demand that the Seller comply with the terms of this agreement.
8.3. The Seller is obliged to:
a) comply with the terms of this agreement;
b) transfer the goods to the Buyer in accordance with the selected sample described on the website and the order placed in accordance with this agreement;
c) The Seller is not responsible, cannot act as a defendant in court, and does not compensate for damages incurred by the Buyer due to the actions or inactions of third parties.
8.4. The Seller has the right to:
a) unilaterally terminate the provision of services under this Agreement in case of violation of the terms of this Agreement by the Buyer.
9. Procedure for Acceptance of Goods by the Buyer
9.1. Upon receipt of the Goods at the carrier's warehouse, from a courier or seller, the buyer is obliged to check the external integrity of the packaging, after which to open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of its packaging.
9.2. In case of any of the defects listed in clause 9.1. of the Agreement, the Buyer is obliged to record it in a free-form act. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the goods) about the identified defects and agree on the replacement of the goods.
9.3. The Parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure, the receipt of the Goods by the Buyer in proper condition is recognized - without any mechanical damage and in full completeness.
9.4. In case of detection within the established warranty period (shelf life) of significant defects that arose due to the fault of the manufacturer of the goods (seller), or falsification of the goods, confirmed by an expert opinion, the Buyer, in the order and terms established by the warranty obligations of the manufacturer of the Goods, taking into account the terms of the offer agreement, has the right, at his choice, to demand from the seller:
9.4.1. termination of the contract and return of the monetary amount paid for the Goods;
9.4.2. replacement of the goods with the same goods or with an analogous one, from those available from the Seller.
9.5. In such a case, upon confirmation by the Seller of significant defects of the Goods and upon the Buyer's free will, the paid monetary funds are subject to return to the latter to the details specified by him within 7 (seven) calendar days after the return of the goods.
9.6. In cases of replacement of defective Goods, payment for carrier services is made at the expense of the seller.
9.7. In any case, the return of the Goods must take place in the original packaging in which the Product was received, with the preservation of the marketable appearance and consumer qualities of the goods.
9.8. All issues not regulated by this Offer Agreement, related to the procedure, conditions of warranty repair or replacement of Goods upon detection of defects within the warranty (shelf life), are regulated in accordance with the warranty obligations determined by the manufacturer of the respective Goods, and in case of the manufacturer not establishing such warranty obligations - in accordance with the current legislation of Ukraine.
10. Liability of the Parties
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner provided by this Agreement and the current legislation of Ukraine.
10.2. In the event of force majeure circumstances, the parties are released from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances are understood as events of an extraordinary, unavoidable, unpredictable nature that exclude or objectively impede the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
10.3. The Party referring to the action of force majeure circumstances must, within five calendar days, notify the other party in writing by email of the occurrence of such circumstances.
10.4. If, due to force majeure circumstances, the non-performance of obligations under this Agreement continues for more than five months, each of the Parties has the right to terminate this Agreement unilaterally, by written notification to the other party.
10.5. The Parties shall make maximum efforts to resolve any disputes solely through negotiations.
11. Other Terms
11.1. The Seller reserves the right to unilaterally amend this Agreement with its prior publication on its website.
11.2. The Seller is created to organize distance selling of goods via the Internet.
11.3. The Seller is not responsible for the content and accuracy of information provided by the Buyer when placing an order.
11.4. The Buyer is responsible for the accuracy of the information specified when placing the order.
11.5. Payment by the Buyer for the placed order means full agreement of the Buyer with the terms of the purchase and sale agreement (public offer) and is the date of conclusion of the purchase and sale agreement between the Seller and the Buyer.
11.6. The use of the Internet website resource for viewing goods, as well as for placing an order, is free for the Buyer.
11.7. The information provided by the Buyer is confidential. The Seller uses information about the Buyer solely for the purpose of ensuring further communications with the Buyer (sending messages to the Buyer about order fulfillment, sending advertising messages, etc.).
11.8. By accepting the Agreement or registering on the Seller's website (filling out the registration form), the Buyer voluntarily gives consent to the collection and processing of their personal data in the Seller's registered database "Counterparties" for the subsequent purpose: data that becomes known to the seller will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about orders, transmitting advertising and special offers, information about promotions, sweepstakes or any other information about the Seller's activities by telecommunication means (by email, mobile communication). For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the number specified in the questionnaire.
11.9. The Buyer grants the seller the right to process his personal data, including: placing personal data in the Buyer's databases (without additional notification of the Participant about this), carrying out lifelong storage of data, their accumulation, updating, change (as necessary). The Buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, as well as upon mandatory request of a competent state authority).
11.10. In case of unwillingness to receive mailings, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or electronic address.
12. Term of this Agreement
12.1. This agreement enters into force on the day of placing the order and is valid until the Parties fulfill all terms of the agreement.
13. Address and Details of the Performer
Individual Entrepreneur
Kuryk Nataliia Hryhorivna
Location: 02090, Kyiv, Hrodnenska St., building 14, apt. 9
Taxpayer registration card number: 3129418082
E-mail: tartufi.info@gmail.com
Website: https://tartufiua.com/
IBAN Current Account:
UA123348510000000026007209132
JSC "PUMB" in Kyiv
MFO 334851