Public offer agreement

 

This Agreement constitutes an official and public offer by the Seller to conclude a contract of sale for the Goods presented on the website www.achepiel.com. This Agreement is public, 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, or sole proprietor) and do not grant preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedures for placing an order, paying for the goods, delivering the goods, returning the goods, liability for dishonest orders, and all other conditions of the Agreement. The Agreement is considered concluded at the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives electronic confirmation of the order from the Seller.

1. Definitions of Term

1.1. Public Offer (hereinafter – the “Offer”) – a public proposal by the Seller, addressed to an indefinite number of persons, to conclude with the Seller a contract of sale of goods by remote means (hereinafter – the “Agreement”) under the terms contained in this Offer.

1.2. Goods or Services – the subject matter of the Agreement between the Parties, selected by the Buyer on the website of the Online Store and placed in the shopping cart, or already purchased by the Buyer from the Seller by remote means.

1.2. Online Store – the Seller’s website at www.achepiel.com, created for the conclusion of retail and wholesale contracts of sale based on the Buyer’s review of the description of the Goods offered by the Seller through the Internet.

1.3. Buyer – a legally capable natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Online Store’s website for purposes not related to entrepreneurial activity, or a legal entity, or a sole proprietor.

1.4. Seller – Sole Proprietor Andrii Tarasovych Chervinka, Unified State Register of Enterprises and Organizations of Ukraine (EDRPOU) No. 3282707219, a person established and operating in accordance with the applicable legislation of Ukraine, whose registered office is located at 7 Leontovycha Street, Lviv.

2. Subject of the Agreement

2.1. 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.

2.2. The date of conclusion of the Offer Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be deemed the date on which the Buyer completes the order form located on the Online Store’s website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer’s request, the Agreement may be executed in written form.

3.Order Placement

3.1. The Buyer shall independently place an order in the Online Store through the “Cart” form, or by submitting an order via email or by telephone at the number indicated in the Online Store’s “Contacts” section.

3.2. The Seller shall have the right to refuse to deliver the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises doubts as to its validity.

3.3. When placing an order on the Online Store’s website, the Buyer undertakes to provide the following mandatory information required by the Seller for the fulfillment of the order:

3.3.1. 3.3.1. The Buyer’s surname and first name

3.3.2. 3.3.2. The address to which the Goods shall be delivered (if delivery is to the Buyer’s address).

3.3.3. 3.3.3. The Buyer’s contact telephone number.

3.3.4. 3.3.4. The identification code for a legal entity or a sole proprietor.

3.4. The name, quantity, item number, and price of the Goods selected by the Buyer shall be indicated in the Buyer’s shopping cart on the Online Store’s website.

3.5. If either Party to the Agreement requires additional information, it shall have the right to request such information from the other Party. In the event that the Buyer fails to provide the necessary information, the Seller shall not be liable for the provision of a quality service to the Buyer in connection with the purchase of Goods in the Online Store.

3.6. When placing an order through the Seller’s operator (Clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in Clauses 3.3–3.4. of this Offer

3.7. The Buyer’s acceptance of the terms of this Offer shall be effected by the Buyer entering the relevant data into the registration form on the Online Store’s website or when placing an Order through the Operator. After the Order is placed through the Operator, the Buyer’s data shall be entered into the Seller’s database.

3.8. The Buyer shall be responsible for the accuracy of the information provided when placing the Order.

3.9. By entering into the Agreement, that is, by accepting the terms of this Offer (the proposed terms of purchase of the Goods) through the placement of an Order, the Buyer confirms the following

a) The buyer is fully acquainted with and agrees to the terms of this Offer.

b) The Buyer grants consent for the collection, processing, and transfer of personal data, with such consent remaining valid throughout the entire term of the Agreement as well as for an unlimited period after its termination. Furthermore, by entering into the Agreement, the Buyer confirms that he has been informed (without additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection,” of the purposes of data collection, and that his personal data are transferred to the Seller for the purpose of enabling the performance of the terms of this Agreement, the possibility of conducting mutual settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller shall have the right to grant access to and transfer the Buyer’s personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer’s order The scope of the Buyer’s rights as a personal data subject in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood to the Buyer.

4. 4. Price and Delivery of Goods

4.1. The prices of Goods and services shall be determined independently by the Seller and indicated on the Online Store’s website. All prices for Goods and services specified on the website are stated in hryvnias and include value-added tax (VAT).

4.2. The prices of Goods and services may be changed unilaterally by the Seller depending on market conditions. At the same time, the price of an individual unit of Goods, the cost of which has been paid by the Buyer in full, may not be changed unilaterally by the Seller.

4.3. 4.3. The cost of the Goods indicated on the Online Store’s website does not include the cost of delivery of the Goods to the Buyer. The Buyer shall pay the cost of delivery of the Goods in accordance with the applicable tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by the Buyer.

4.4. 4.4. The cost of the Goods indicated on the Online Store’s website does not include the cost of delivery of the Goods to the Buyer’s address.

4.5. 4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer’s address upon the Buyer’s corresponding request to the Seller, either by sending an email or when placing an order through the Online Store’s operator.

4.6. 4.6. The Buyer’s obligations regarding payment for the Goods shall be deemed fulfilled at the moment the funds are credited to the Seller’s account

4.7. Settlements between the Seller and the Buyer for the Goods shall be carried out by the methods specified on the Online Store’s website in the section “Payment and Delivery.”

4.8. 4.8. Upon receipt of the Goods, the Buyer shall, in the presence of the representative of the delivery service (carrier), verify the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity, completeness, and shelf life).

4.9. 4.9. The Buyer or his representative, upon acceptance of the Goods, shall confirm by signature in the sales receipt and/or in the order and/or in the consignment note for the delivery of Goods that there are no claims regarding the quantity, appearance, or completeness of the Goods.

4.10. 4.10. Title to the Goods and the risk of accidental loss or damage shall pass to the Buyer or his representative from the moment the Goods are received by the Buyer at the place of delivery in the case of self-delivery from the Seller, or at the moment the Goods are handed over by the Seller to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

5.1. 5.1. The Seller shall be obliged to:

5.1.1. 5.1.1. To deliver the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2. 5.1.2. Not to disclose any private information about the Buyer and not to grant access to such information to third parties, except in cases provided for by law and in the course of fulfilling the Buyer’s order.

5.2. 5.2. The Seller shall have the right to:

5.2.1. To amend the terms of this Agreement, as well as the prices of Goods and services, unilaterally, by publishing such changes on the Online Store’s website. All changes shall take effect from the moment of their publication

5.3. The Buyer shall be obliged to:

5.3.1. Prior to the conclusion of this Agreement, to familiarize himself with the content of the Agreement, its terms, and the prices offered by the Seller on the Online Store’s website.

5.3.2. For the Seller to duly perform his obligations towards the Buyer, the Buyer shall provide all necessary data that clearly identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.

6.6. Return of Goods

6.1. 6.1. The Buyer shall have the right to return to the Seller non-food Goods of proper quality if such Goods do not satisfy him in terms of form, dimensions, style, color, size, or for other reasons cannot be used by him as intended. The Buyer shall have the right to return Goods of proper quality within fourteen (14) days, excluding the day of purchase. The return of Goods of proper quality shall be carried out provided that the Goods have not been used and that their commercial appearance, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for the purchase of the Goods, are preserved. The list of Goods not subject to return on the grounds specified in this clause shall be approved by the Cabinet of Ministers of Ukraine.

6.2. 6.2. The refund of the value of Goods of proper quality to the Buyer shall be carried out within thirty (30) calendar days from the moment such Goods are received by the Seller, provided that the requirements stipulated in Clause 6.1 of this Agreement are duly observed. 6.1. 6.3. The refund of the value of Goods of proper quality shall be carried out in accordance with the provisions of this Agreement and the applicable legislation of Ukraine.

6.3. 6.4. The refund of the value of the Goods shall be effected by means of a bank transfer to the Buyer’s account.

6.4. 6.5. The return of Goods of proper quality to the Seller’s address shall be carried out at the Buyer’s expense and shall not be reimbursed by the Seller to the Buyer.

6.5. 6.6. In the event that defects in the Goods are discovered within the established warranty period, the Buyer shall, personally and within the procedure and timeframes established by the legislation of Ukraine, have the right to present to the Seller the claims provided for by the Law of Ukraine “On Protection of Consumer Rights.” When claims for free elimination of defects are presented, the period for their elimination shall be calculated from the date on which the Goods are received by the Seller into his possession and the Seller obtains physical access to such Goods.

6.6. 6.7. The consideration of claims provided for by the Law of Ukraine “On Protection of Consumer Rights” shall be carried out by the Seller subject to the Buyer’s submission of the documents required under the applicable legislation of Ukraine. The Seller shall not be liable for defects in the Goods that have arisen after their transfer to the Buyer as a result of the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties, or force majeure circumstances.

6.7. The Buyer shall not have the right to refuse Goods of proper quality that possess individually defined characteristics, if such Goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard dimensions, specifications, appearance, configuration, and other features). Confirmation that the Goods possess individually defined characteristics shall be the difference in dimensions and other specifications indicated in the Online Store.

6.8. 6.8. The return of Goods, in cases provided for by law and this Agreement, shall be carried out at the address indicated on the Online Store’s website in the “Contacts” section.

7. Liability

7.1. 7.1. The Seller shall not be liable for any damage caused to the Buyer or to third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.

7.2. 7.2. The Seller shall not be liable for improper or untimely performance of Orders and his obligations in cases where the Buyer has provided inaccurate or erroneous information.

7.3. 7.3. The Seller and the Buyer shall be liable for the performance of their obligations in accordance with the applicable legislation of Ukraine and the provisions of this Agreement.

7.4. 7.4. The Seller or the Buyer shall be released from liability for full or partial non-performance of their obligations if such non-performance is the result of force majeure circumstances, such as war or military actions, earthquake, flood, fire, or other natural disasters that have arisen independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. 7.5. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.

8.Confidentiality and Protection of Personal Data

8.1. By providing his personal data on the Online Store’s website during registration or when placing an Order, the Buyer grants the Seller his voluntary consent to the processing, use (including transfer), and performance of other actions with respect to his personal data as provided for by the Law of Ukraine “On Protection of Personal Data,” without limitation as to the term of validity of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. Disclosure of such information by the Seller to counterparties and third parties acting under agreements with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where disclosure is required by the applicable legislation of Ukraine, shall not be deemed a violation.

8.3. The Buyer shall be responsible for maintaining his personal data in an up-to-date condition. The Seller shall not be liable for poor performance or non-performance of his obligations resulting from outdated or inaccurate information about the Buyer. reality..

Other conditions

9.1. This Agreement is concluded on the territory of Ukraine and shall be governed by the applicable legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event that a disputed matter cannot be settled through negotiations, the Buyer and/or the Seller shall have the right to refer the dispute to the judicial authorities in accordance with the applicable legislation of Ukraine.

9.3. The Seller shall have the right to amend this Agreement unilaterally in the manner provided for in clause 5.2.1. Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.