Public Offer Agreement
General Provisions
1.1. This offer is an official proposal by Sole Proprietor Kolisnyk Tetiana Mykolaivna (hereinafter referred to as the "Seller") to conclude a distance sales contract for goods via an online store (hereinafter referred to as the "Agreement") and is published as a Public Offer on the Seller’s official website “…” (hereinafter referred to as the "Website").
1.2. The full and unconditional acceptance (acceptance) of the Seller's offer by the Buyer to conclude an electronic sales contract for goods shall be deemed to occur at the moment of payment by the Buyer for an order under the terms of this Agreement, within the timeframes and at the prices specified on the Seller’s Website.
Terms and Definitions
2.1. In this Offer, unless otherwise required by the context, the following terms shall have the following
- "Online Store" – as defined by the Law of Ukraine "On Electronic Commerce," a tool for presenting or selling goods, works, or services through an electronic transaction.
- "Seller" – a company that sells goods presented on the Website.
- "Buyer" – an individual who has entered into an Agreement with the Seller under the terms set forth below.
- "Order" – the selection of specific items from the list of goods by the Buyer when placing an order and making payment.
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. This Agreement regulates the purchase and sale of goods in the Online Store, including:
- The Buyer's voluntary selection of goods in the Online Store;
- The Buyer's independent placement of an order in the Online Store;
- The Buyer's payment for the order placed in the Online Store;
- The processing and delivery of the order to the Buyer under the terms of this Agreement.
Order Placement Procedure
4.1. The Buyer has the right to place an order for any goods available on the Online Store Website.
4.2. Each item may be included in the order in any quantity.
4.3. If a product is out of stock, the Company’s Manager must notify the Buyer (by phone or email).
4.4. If a product is unavailable, the Buyer has the right to replace it with a similar product, refuse the item, or cancel the order.
Payment Procedure
5.1. Payment is made upon receipt of the goods at the transport company’s branch in cash (UAH).
5.2. Payment can be made via bank transfer to the Seller’s account.
5.3. Payment can be made using Visa, Mastercard, and other bank cards, as well as to a PrivatBank card.
5.4. If funds are not received, the Online Store reserves the right to cancel the order.
Delivery Conditions
6.1. Delivery of goods purchased in the Online Store is carried out to the warehouses of transport companies, where the order is handed over to the Buyer.
6.2. The Buyer receives the necessary documents along with the order, in accordance with the legislation of Ukraine.
Rights and Obligations of the Parties
7.1. The Seller has the right to:
- Unilaterally suspend the provision of services under this Agreement in case of violation of its terms by the Buyer.
7.2. The Buyer undertakes to:
- Timely pay for and receive the order under the terms of this Agreement.
7.3. The Buyer has the right to:
- Place an order in the Online Store;
- Conclude an electronic contract;
- Demand compliance with the terms of this Agreement from the Seller.
Liability of the Parties
8.1. The Parties are liable for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with this Agreement and the current legislation of Ukraine.
8.2. The Seller is not responsible for:
- Changes in the product’s appearance made by the manufacturer;
- Minor discrepancies in the color scheme of the product, which may differ from the original due to varying color reproduction of different computer monitor models;
- The accuracy of the information provided by the Buyer when placing an order;
- Delays and interruptions in the provision of services (order processing and product delivery) due to circumstances beyond the Seller’s control;
- Price changes for goods after order placement, when the price is adjusted by the supplier at the time of shipment or due to changes in foreign exchange rates;
- Unlawful actions committed by the Buyer using Internet access obtained through this service;
- The Buyer transferring their network identifiers – IP, MAC addresses, login, and password – to third parties.
8.3. The Buyer, using their Internet access, is solely responsible for any damage caused by their actions (personally, even if another person was using their login) to individuals, property, legal entities, the state, or moral principles.
8.4. In the event of force majeure, the Parties are released from fulfilling the obligations of this Agreement. Force majeure in this Agreement refers to extraordinary, unforeseen events that objectively prevent the execution of this Agreement, which the Parties could not foresee or prevent using reasonable means.
8.5. The Parties shall make every effort to resolve any disputes solely through negotiations.
Other Conditions
9.1. The Online Store reserves the right to unilaterally amend this Agreement, provided it is published on the website in advance.
9.2. The Online Store is created to facilitate distance sales of goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. By accepting this offer (placing an order and subsequently paying for the goods), the Buyer unconditionally agrees to the collection, processing, storage, and use of their personal data, in accordance with the Law of Ukraine "On Personal Data Protection."
9.4. Payment by the Buyer for an order placed in the Online Store constitutes full agreement to the terms of this Public Offer Agreement.
9.5. The actual date of the electronic transaction between the Parties is the date of acceptance of the terms, in accordance with Article 11 of the Law of Ukraine "On Electronic Commerce."
9.6. The Buyer may freely browse the Online Store and place an order at no charge.
9.7. Information provided by the Buyer is confidential. The Online Store uses this information solely for order processing, sending notifications to the Buyer, delivering goods, and facilitating payments.
Return Policy for Goods of Proper Quality
10.1. Returns of goods to the Online Store are made in accordance with the current legislation of Ukraine.
10.2. The cost of returning goods to the Online Store is borne by the Buyer.
10.3. If the Buyer returns a product of proper quality, the Online Store refunds the amount paid for the goods minus the cost of delivery.
Agreement Duration
11.1. The electronic contract is considered concluded upon receipt of the acceptance response to the offer, in accordance with Part 6 of Article 11 of the Law of Ukraine "On Electronic Commerce."
11.2. This Agreement may be terminated before its expiration by mutual agreement of the Parties before the actual delivery of the goods, with a refund of the payment.
11.3. The Parties have the right to terminate this Agreement unilaterally in case of non-compliance with its terms by one of the Parties or in cases provided for by the current legislation of Ukraine.
Please note: The Online Store "…" on the official website "…" has the right, in accordance with Ukrainian law, to grant the right to use the online platform to sole proprietors and legal entities for the sale of goods.
Address and Details
Sole Proprietor Kolisnyk Tetiana Mykolaivna
Poltava region, Poltava, Holovka St., 8
E-mail: 4Annamax@gmail.com
