PUBLIC OFFER AGREEMENT
This contract is the official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website https://agroimport.in.ua/. This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of placing an order, paying for the goods, delivering the goods, returning the goods, responsibility for an unscrupulous order and all other terms of the contract.
TERMS AND DEFINITIONS
Public offer contract - a public offer of the Seller, addressed to an unspecified number of persons, to conclude a contract for the sale of goods with the Seller by remote method (hereinafter - the "Contract") on the terms contained in this Offer.
Acceptance - the provision by the Buyer of full and unconditional consent to the conclusion of this Agreement in its entirety, without the signing of a written copy of the Agreement by the Parties.
The product is the object of the agreement of the parties, which was selected by the buyer on the website of the online store "https://agroimport.in.ua/" and placed in the basket, or already purchased by the buyer from the seller remotely.
1. SUBJECT OF THE AGREEMENT
1.1. In accordance with the terms of this Agreement, the Buyer orders and pays for the Seller's goods, and the Seller undertakes to hand over to the Buyer the ownership of the Goods specified on the Seller's website "https://agroimport.in.ua/" in the order and under the conditions stipulated in the terms of this Agreement
2. PROCESSING THE ORDER
2.1. The buyer places an order independently in the online store through a special form, or by placing an order by e-mail or at the phone number indicated in the contact section of the online store.
2.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicions about their validity.
2.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
2.3.1. Surname, Name of the Buyer;
2.3.2. The address to which the Goods should be delivered;
2.3.3. Contact phone number;
2.3.4. Identification code of a legal entity or individual entrepreneur.
2.4. The name, quantity, article number, and price of the Product are indicated in the Buyer's basket on the website of the online store.
2.5. If any of the Parties to the contract needs additional information, it has the right to request it from the other Party. If the Buyer does not provide the necessary information, the Seller is not responsible for providing poor quality service to the Buyer when purchasing the Goods in the online store.
2.6. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the online store or when placing the Order through the operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.
2.7. The buyer is responsible for the accuracy of the information provided when placing the Order.
2.8. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing the Order, the Buyer confirms the following:
a) The buyer is fully and completely familiar with and agrees with the terms of this offer (offer);
b) he gives permission for the collection, processing and transfer of personal data, the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Buyer confirms that he has been informed (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of data collection, as well as that his personal data is transferred to the Seller for the purpose of being able to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notifications from the Buyer for the purpose of fulfilling the Buyer's order. The extent of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The seller is obliged to:
3.1.1. On the terms and in the manner determined by this Agreement, sell the Goods to the Buyer, which are the subject of sale under this Agreement.
3.1.2. To provide true information about the Goods, delivery conditions and their prices.
3.1.3. Deliver the Goods in accordance with the terms of the Order.
3.1.4. Guarantee compliance of the quality of the Goods with the quality requirements on the territory of Ukraine. Provide warranty obligations in accordance with the terms of this Agreement.
3.1.5. In the event of a change in the delivery term, immediately inform the Buyer about the change in the terms of delivery in order to obtain consent to the new terms of execution of the Order in whole or in part. The Seller informs the Buyer by phone or email.
3.1.6. The Seller guarantees that the Goods are not pledged, are not in dispute, are under seizure and are not subject to the rights of third parties.
3.1.7. The seller confirms that he has all the necessary permits to carry out business activities that regulate the scope of legal relations that arise and operate during the execution of the Agreement, and also guarantees that he has the right to sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine. and undertakes to bear responsibility in case of violation of the Buyer's rights during the execution of the Agreement and sale of the Goods.
3.1.8. The Seller undertakes not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution of the Buyer's Order.
3.2. The seller has the right to:
3.2.1 Change the terms of this Agreement, as well as the prices of Goods and services, unilaterally, by posting them on the website of the online store. All changes take effect from the moment of their publication.
3.3 The buyer undertakes:
3.3.1. Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store.
3.3.2 In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
3.3.3. Pay for the Goods, in accordance with the Orders, at the prices specified in them.
3.3.4. When receiving the order from the courier, conduct an external inspection of the integrity of the package, after which open it and directly verify the proper external condition of the Product, the absence of mechanical damage and its completeness.
3.3.5. In case of claims, request the representative of the delivery service to draw up an Act in an arbitrary form in 3 copies. The act must be signed by the Buyer and an employee of the carrier. If possible, defects should be recorded by means of photo or video recording.
3.4. Rights of the Buyer:
3.4.1. To demand the return of the advance payment in the event that the Seller is unable to fulfill the terms of the Order.
3.4.2. Make changes to the Order before paying for it.
3.4.3. Prior to the transfer of the Goods, refuse to perform the Agreement on the condition that the Seller is reimbursed for the transportation costs incurred by the Seller in connection with the performance of this Agreement.
3.5. The Seller and the Buyer confirm that this Agreement is not a fictitious, pretended transaction, a transaction committed under the influence of violence or deception.
4. CONTRACT CONCLUSION PROCEDURE
4.1. In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and the Rules for the sale of goods to order and outside trade or office premises approved by the order of the Ministry of Economy of Ukraine dated 19.04.2007 No. 103, this document is an offer, and the fact of the Buyer making an order, verbally (by by phone or in the office) or in writing (via the website or e-mail) and receipt of this order by the Seller - is full and unquestionable acceptance of this public contract and the information presented on the website.
5. GENERAL PROVISIONS
5.1. All informational materials presented in the online store are of a reference nature and cannot fully convey reliable information about the properties and characteristics of the Goods, including colors, sizes and shapes. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing the Order, the Buyer must contact the Seller.
5.2. The placing of the Order by the Buyer and its subsequent transfer to execution means sufficient and complete familiarization of the Buyer with the technical characteristics of the Product, its functionality, with information about the terms of delivery and terms of warranty service.
5.3. In the event that the ordered Goods are not in the Seller's warehouse, including for reasons beyond the Seller's control, the Seller has the right to cancel the specified Goods with the Buyer's Order, and notify the Buyer of this by sending an electronic message to the address specified during the Buyer's registration.
5.4. The order is considered completed at the moment of actual delivery of the Goods included in the Order to the Buyer on the basis of the invoice issued by the Seller and signed by the Buyer.
5.5. Ownership of the Goods passes from the Seller to the Buyer at the time of delivery of the Goods. The Buyer's signature on the invoice (receipt, delivery register, etc.) issued by the Seller, transport or courier company serves as confirmation of the transfer of ownership of the Goods. The risks of loss or accidental damage to the Goods pass from the Seller to the Buyer at the time of transfer to a transport or courier company.
6. PRICE, CALCULATION PROCEDURE AND TERMS OF PRODUCT DELIVERY
6.1. The price of each individual Product is determined by the Seller at his discretion and published in the online store.
6.2. The price of the Goods and the Order is set in Ukrainian hryvnias.
6.3. The price of the Contract is equal to the price of the Order. The specified amount may vary depending on the price, quantity or range of the Goods.
6.4. The Buyer makes 100% payment for the goods in accordance with the Order on the basis of the Seller's account, unless otherwise specified in the payment invoice.
6.5. The order is considered paid from the moment of receipt of 100% of the payment for the Goods to the Seller's current account. The fact of such payment indicates the Buyer's agreement with the terms of this Agreement.
6.6. Delivery of the Order by the Seller is carried out after 100% payment of the Order.
6.7. In the case of an incorrect indication of the price of the Goods ordered by the Buyer, the Seller shall inform the Buyer of this at the first opportunity to confirm or cancel the Order. If it is impossible to contact the Buyer, this Order is considered cancelled. If the Order has been paid, the Seller returns the amount paid for the Order to the Buyer by transferring it to the Buyer's account or in another acceptable way.
6.8. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Product, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
6.9. The product is not reserved until the Buyer's funds are credited to the Seller's current account. The Seller cannot guarantee the availability of the Goods in the Seller's warehouse in the quantity specified at the time of placing the Order, as a result of which the processing time of the Order may increase. If there is a need for the Seller to return the funds to the Buyer, the Buyer is obliged to inform the Seller of the details of the bank account to which the Seller is obliged to transfer the funds.
6.10. The price of the Product, which is indicated on the website of the online store, does not include the cost of delivery of the Product to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current rates of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
6.11. The Seller can indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer makes a corresponding request to the Seller by sending a letter to the e-mail or when placing an order through the operator of the online store.
6.12. When receiving the goods, the Buyer must check the conformity of the Goods with the qualitative and quantitative characteristics (product name, quantity and completeness) in the presence of the representative of the delivery service (carrier).
6.13. The buyer or his representative, when accepting the goods, confirms with his signature on the delivery note / or in the order / or in the transport note for the delivery of the goods that he has no complaints about the quantity of the goods, appearance and completeness of the goods.
6.14. The right of ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer at the place of delivery of the Goods upon independent delivery of the Goods from the Seller, or during the handover by the Seller of the goods to the delivery service (carrier) chosen by the Buyer.
7. RETURN OF GOODS
7.1. The buyer has the right to return the Goods of proper quality within 14 (fourteen) calendar days, excluding the day of purchase. The product of proper quality is returned if it has not been used and if its product appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for the payment of the Product have been preserved. The list of goods that are not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
7.2. The return to the Buyer of the cost of the Goods of appropriate quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements stipulated in clause 7.1. The contract, the current legislation of Ukraine.
7.3. The cost of the Goods is subject to refund by bank transfer to the Buyer's current account.
7.4. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
7.5. In the event that defects in the Goods are detected during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for by the Law of Ukraine "On the Protection of Consumer Rights".
7.6. Consideration of the requirements stipulated by the Law of Ukraine "On the Protection of Consumer Rights" is carried out by the Seller on the condition that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods that arose 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.
7.7. The buyer does not have the right to refuse a good quality product that has individually defined properties, if the specified product can be used exclusively by the buyer who purchased it (including, at the buyer's request, non-standard sizes, characteristics, appearance, equipment and other). The confirmation that the product has individually defined properties is the difference in product sizes and other characteristics specified in the online store.
7.8. The return of goods, in the cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section
8. FORCE MAJEURE CIRCUMSTANCES
8.1. The parties are released from responsibility for partial or complete non-fulfillment or improper fulfillment of obligations under the Agreement, if they are the result of force majeure (fire, flood, earthquake, natural disaster, military operations and other force majeure circumstances), and if these circumstances directly affected execution of the Agreement, then the execution is extended for the period during which these circumstances were in effect.
8.2. If the force majeure circumstances continue for more than three months, then each of the Parties will have the right to refuse further fulfillment of obligations under the Agreement, and in this case the Agreement is considered terminated if the Parties reach an agreement on the legal consequences in accordance with the terms of this Agreement.
8.3. The Party that cannot fulfill its obligations under the Agreement must notify the other Party in writing no later than five working days of the occurrence of force majeure, the termination of the fulfillment of its obligations with the draft settlement of mutual obligations.
8.4. The presence of force majeure circumstances must be confirmed by the necessary documents of the Chamber of Commerce and Industry or another authorized body of Ukraine.
8.5. Failure to notify or untimely notification of the occurrence or termination of force majeure circumstances deprives the Party of the right to refer to them.
9. CONFIDENTIALITY
9.1. All information related to the conclusion and execution of this Agreement is confidential. Information that the Parties officially make public in accordance with current legislation is not considered confidential.
9.2. During the term of the Agreement, as well as after its termination, the Parties shall not provide to third parties or otherwise disclose confidential information obtained as a result of the execution of this Agreement.
9.3. For the disclosure of confidential information, the guilty Party is responsible in accordance with the current legislation, and also undertakes to compensate for the resulting losses.
10. RESOLUTION OF DISPUTES
10.1. All disagreements and disputes related to the fulfillment of the terms of this Agreement shall be resolved by the parties through negotiations.
10.2. If, as a result of the negotiations, the Parties were unable to reach a mutual agreement, as well as if one of the Parties evades negotiations, the dispute shall be referred to the court in accordance with the procedure established by the legislation of Ukraine.
11. DURATION OF THE AGREEMENT
11.1. This contract enters into force from the date of placing the order and is valid until all terms of the contract are fulfilled.
11.2. The Agreement may be terminated before the end of its term by agreement of the parties, in the case provided for in Clause 5.3 of this Agreement and in other cases provided for by the legislation of Ukraine.
12. FINAL PROVISIONS
12.1. Changes and additions to this Agreement are made only by mutual consent of the parties.
12.2. Amendments and additions are formalized by a separate written document that is an integral part of the Agreement, or by a new version of this Agreement.
12.3. When performing this Agreement, the parties are guided by the terms of the Agreement and the current legislation of Ukraine.
12.4. By submitting an online order, the Buyer gives his unconditional consent to the terms of this Public Offer Agreement. By pressing the "Send" / "Submit" button, the Buyer puts his electronic signature accepting the terms of this Agreement, which is equivalent to his own handwritten signature.
12.5. The contract is a public offer contract and an accession contract in accordance with the Civil Code of Ukraine, published on the Seller's website "https://agroimport.in.ua/" in electronic form, where the indication "FOP Kubrak Serhiy Oleksandrovych" is the electronic signature of the Seller, which has the force of a handwritten signature.
13. DETAILS OF THE PARTIES
Seller:
A natural person is an entrepreneur
FOP Kubrak Serhii Oleksandrovychp/r UA 753052990000026000046813964
A natural person is an entrepreneur
FOP Kubrak Serhii Oleksandrovychp/r UA 753052990000026000046813964
in JSC CB "PrivatBank" IPN 3460603453Tel. +38(067)-326-58-54