PUBLIC AGREEMENT (PUBLIC OFFER AGREEMENT) on the purchase and sale of goods in the Online Store

This Agreement, in which one party is Sole Proprietor Malitska Eliza Evelina Mykolaivna, acting on the basis of an Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations and is a single tax payer (hereinafter referred to as the "Seller"), on the one hand, and any legally capable person who has accepted this offer (hereinafter referred to as the "Buyer"), on the other hand, hereinafter collectively referred to as the "Parties", and individually as a "Party", have concluded this Agreement (hereinafter referred to as the "Agreement"), addressed to an unlimited number of persons, which is the Seller's official public offer to conclude a Agreement on the purchase and sale of goods remotely with any Buyer. By ordering and paying for the Seller's Goods, the Buyers accept the terms of this Agreement regarding the following.

 

1. GENERAL PROVISIONS

 

1.1. This Agreement is concluded by the Buyer providing full and unconditional consent (acceptance) to conclude the Agreement in full, without the Parties signing a written copy of the Agreement. 1.2. The Agreement has legal force in accordance with Arts. 633, 641, 642, 698, 699 of the Civil Code of Ukraine and the Law of Ukraine "On Electronic Commerce" and is equivalent to an Agreement signed by the Parties. 1.3. The Buyer confirms the fact of familiarization and agreement with all the terms of this Agreement in full by acceptance. 1.4. Any of the following actions shall be considered acceptance of this Public Offer Agreement:

  • the fact of placing an Order for Goods via the "Cart" on the Seller's website: https://meblevafabrykahetman.com/;

  • payment for the Seller's Goods on the terms and in the manner determined by this Agreement;

  • written notification (including in electronic form) by the Buyer of acceptance of the terms of this Agreement to the e-mail address: buhaltergetman@gmail.com or by the phone number indicated on the Website.

By concluding this Agreement, the Buyer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for Goods, and all appendices that are integral parts of the Agreement.

 

2. TERMS AND DEFINITIONS

 

"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://meblevafabrykahetman.com/. "Acceptance" - provision by the Buyer of full and unconditional consent to conclude this Agreement in full, without the Parties signing a written copy of the Agreement. "Goods" – furniture, interior items, and other goods, images and/or descriptions of which are posted in the Seller's Online Store. "Online Store" - the relevant software and functional complex posted on the official website at the address: https://meblevafabrykahetman.com/, which allows viewing the Goods, their appearance, characteristics, price, payment terms, etc. "Buyer" - any legally capable natural person, legal entity, or sole proprietor who visited the Website https://meblevafabrykahetman.com/ and accepted this Agreement. "Seller" - a business entity, a Sole Proprietor, whose details are specified in Section 12 of this Agreement. "Order" - a properly executed application of the Buyer for the purchase of Goods, addressed to the Seller.

 

3. SUBJECT OF THE AGREEMENT

 

3.1. The Seller undertakes to transfer the ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement. 3.2. This Agreement regulates the purchase and sale of goods in the Online Store, including:

  • voluntary selection of goods by the Buyer in the Online Store;

  • independent placement of an order by the Buyer in the Online Store;

  • payment by the Buyer for the order placed in the Online Store;

  • processing and delivery of the order to the Buyer into ownership on the terms of this Agreement.

 

4. RIGHTS AND OBLIGATIONS OF THE SELLER

 

4.1. The Seller is obliged to:

  • fulfill the terms of this Agreement;

  • transfer Goods of proper quality to the Buyer in accordance with the placed order;

  • objectively inform the Buyer about the Goods and the conditions of their sale on the Website https://meblevafabrykahetman.com/. 4.2. The Seller has the right to:

  • unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement;

  • change prices for Goods and delivery terms unilaterally by posting them on the Website;

  • exercise other rights in accordance with the current legislation of Ukraine and this Agreement.

 

5. RIGHTS AND OBLIGATIONS OF THE BUYER

 

5.1. The Buyer is obliged to:

  • timely pay for and receive the Order on the terms of this Agreement;

  • familiarize themselves with the information about the Goods posted on the Seller's website;

  • verify the integrity and completeness of the Goods upon receipt. 5.2. The Buyer has the right to:

  • place an Order for Goods specified on the relevant page of the Website: https://meblevafabrykahetman.com/;

  • demand from the Seller the fulfillment of the terms of this Agreement;

  • exercise other rights in accordance with the current legislation of Ukraine and the Law of Ukraine "On Protection of Consumer Rights".

 

6. ORDERING PROCEDURE

 

6.1. The Buyer independently places an Order on the relevant page of the Website https://meblevafabrykahetman.com/ by adding Goods to the virtual cart by clicking the corresponding "Buy" / "Add to Cart" button, or by making an order by phone number or e-mail indicated in the contact section of the Website. 6.2. The term for processing the Order by the Seller is up to 3 (three) working days from the moment of its placement. In the event that the Order is sent on a weekend or a holiday, the processing period for the Order begins on the first working day following the weekend/holiday.

 

7. CONTRACT PRICE AND PAYMENT PROCEDURE

 

7.1. The price of each separate item of Goods is determined by the Seller and indicated on the relevant page of the Website https://meblevafabrykahetman.com/. The Contract Price (cost of the Order) is determined by adding the prices of all Goods selected by the Buyer and the cost of delivery (if delivery is not included in the price). 7.2. Settlements between the Parties are carried out in the national currency of Ukraine – Hryvnia (UAH). 7.3. Payment for Goods is carried out by:

  • transferring funds to the Seller's current account (via IBAN details);

  • online payment through payment systems connected to the Website (if such a function is available);

  • cash on delivery (COD) upon receipt of the Goods at the delivery service branch (upon agreement with the Seller). 7.4. The Order is considered paid from the moment funds are credited to the Seller's account (in case of prepayment). 7.5. The Buyer shall independently pay the cost of third-party services (bank commissions, delivery services by postal operators, etc.), unless otherwise agreed by the Parties.

 

8. DELIVERY AND RECEIPT OF GOODS

 

8.1. Methods, procedure, and terms of delivery of goods are indicated on the Website. The delivery procedure for a specific Order is agreed upon by the Seller with the Buyer upon confirmation of the Order. 8.2. The right of ownership of the Goods passes to the Buyer from the moment of transfer of the Goods to the Buyer or the carrier (courier service). 8.3. Upon receipt of the Goods, the Buyer is obliged to check them for the absence of mechanical damage and full completeness. In case of detection of defects, the Buyer is obliged to record them in an act of arbitrary form. The act must be signed by the Buyer and a representative of the carrier or the Seller.

 

9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

 

9.1. The Parties bear responsibility for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner provided for by this Agreement and the current legislation of Ukraine. 9.2. All disputes arising from this Agreement or related to it shall be resolved through negotiations. 9.3. If the dispute cannot be resolved through negotiations, it shall be resolved in court. 9.4. The Seller is not responsible for improper execution of the order in the event that the Buyer provides incorrect information (error in the delivery address, recipient's full name, etc.).

 

10. FORCE MAJEURE CIRCUMSTANCES

 

10.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement if it arose as a result of force majeure circumstances. 10.2. Force majeure is understood as: military actions, epidemics, natural disasters, fires, decisions of state authorities that make the execution of the Agreement impossible.

 

11. OTHER CONDITIONS OF THE AGREEMENT

 

11.1. Information provided by the Buyer is confidential. The Seller uses information about the Buyer solely for the purpose of fulfilling the Order. 11.2. By accepting the Agreement, the Buyer voluntarily consents to the collection and processing of their own personal data for the purpose of fulfilling the terms of this Agreement, as well as for sending advertising offers (which the Buyer may refuse at any time). 11.3. The Buyer is responsible for the accuracy of the information specified when placing the Order. 11.4. This Agreement remains valid until the full fulfillment of obligations by the Parties. 11.5. The Seller has the right to make changes to this Agreement unilaterally. Changes come into force from the moment of their publication on the Website https://meblevafabrykahetman.com/.

 

12. SELLER'S DETAILS

 

Sole Proprietor Malitska Eliza Evelina Mykolaivna Location: 32035, Khmelnytskyi region, Khmelnytskyi district (formerly Horodok district), Kamianka village. IBAN: UA553220010000026007350015895 TIN (RNOKPP): 3886208004 Bank: JSC UNIVERSAL BANK MFO (Bank Code): 322001 Bank EDRPOU: 21133352 Phone: +380 (96) 618 78 31 E-mail: buhaltergetman@gmail.com