STANDARD FORM AGREEMENT (OFFER)
for ordering, purchasing, selling and delivering goods
This agreement is an official and public offer of the Seller to enter into the Goods Sale and Purchase Agreement available on the website https://oblachenie.com/. This agreement is public, videlicet, in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers regardless of their status (individual, legal entity, or individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer shall fully accept the terms and conditions of ordering, payment for goods, delivery of goods, the return of goods, liability for unscrupulous order, and all other terms and conditions of the agreement. The agreement shall be considered concluded from the moment of clicking the Confirm the Order button on the ordering page in the Cart section and the receipt by the Buyer of order confirmation in electronic form from the Seller.
1. Terms and definitions
1.1. Public Offer (hereinafter referred to as the “Offer”) shall mean a public offer of the Seller to an indefinite number of persons to enter into the agreement with the Seller to buy and sell goods remotely (hereinafter referred to as the “Agreement”) under the terms and conditions established herein.
1.2. Goods or Services shall mean the subject matter of the agreement of the parties which were selected by the buyer on the website of the Online Store and placed in the cart or already purchased by the Buyer from the Seller remotely.
1.3. Online Store shall mean the Seller's website at https://oblachenie.com/ created for the conclusion of oral retail and wholesale purchase and sale agreements after familiarization of the Buyer with the description of the Goods offered by the Seller by means of the Internet.
1.4. The Buyer shall mean a person legally capable to act, 18 years of age, who receive information from the Seller, place an order to purchase goods available on the website of the Online Store for the purposes unrelated to business activities, or a legal entity or individual entrepreneur.
1.5. The Seller shall mean PETRO MYKOLAIOVYCH MYKHALCHUK, individual entrepreneur (ID code 002003825) registered and acting in accordance with the current Ukrainian legislation, residing at 14 VILSKYI SHLIAKH, Zhytomyr, Zhytomyr region, 10020
2. The subject matter of the Agreement
2.1. The Seller shall transfer ownership of the Goods to the Buyer, and the Buyer shall pay for the Goods and accept them under the terms and conditions hereof.
2.2. The date of concluding the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the Agreement shall be the date of filling by the Buyer of an order form available on the website of the Online Store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3.1. The Buyer shall place an order on the Online Store through the Cart form or by placing an order by e-mail or phone number specified in the contacts section of the Online Store.
3.2. The Seller shall have the right to refuse to transfer the order to the Buyer if the information provided by the Buyer at the time of placing the order is incomplete or raises suspicions as to its validity.
3.3. When placing an order on the website of the Online Store, the Buyer shall provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. first name and last name of the Buyer;
3.3.2. the address to which the Goods shall be delivered (if delivered to the address of the Buyer); and
3.3.3. contact number.
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer shall be indicated in the Buyer's cart on the website of the Online Store.
3.5. If either Party needs additional information, it shall have the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing quality service to the Buyer when the Buyer buys the goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer shall provide the information specified in clauses 3.3–3.4. hereof.
3.6. The Buyer's acceptance of the terms and conditions of this Offer shall be confirmed by the Buyer entering the relevant data in the registration form on the website of the Online Store or by placing an Order through the operator. After placing the Order through the Operator, the data on the Buyer shall be entered into the database of the Seller.
3.7. When placing the Order, the Buyer shall be responsible for the accuracy of the information provided.
3.8. When concluding the Agreement, videlicet, accepting the terms and conditions of this offer (proposed terms and conditions of purchasing the Goods) by placing the Order, the Buyer shall confirm the following:
a) the Buyer is fully familiarized and agrees with the terms and conditions of this offer;
b) the Buyer gives consent to the collection, processing, and transfer of personal data; the consent to process personal data shall be valid during the term of the Agreement and during an unlimited period after its expiration. In addition, by concluding the agreement, the Buyer shall confirm that he or she was notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and of the fact that his or her personal data are transferred to the Seller to meet the terms and conditions of this Agreement, to provide the possibility of mutual settlements, as well as to obtain invoices, deeds, and other documents. The Buyer shall also agree that the Seller has the right to provide access and transfer his or her personal data to third parties without any additional notice to the Buyer in order to execute the Buyer's order. The Buyer is aware of and understands the scope of his or her rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection”.
4. Price and delivery of the Goods
4.1 Prices for the Goods and services shall be determined by the Seller independently and indicated on the website of the Online Store. All prices for the Goods and services on the website are indicated in US dollars
4.2 The Seller may unilaterally change prices for the Goods and services depending on market conditions. However, the price for a single unit of the Goods, the value of which was paid by the Buyer in full, may not be changed by the Seller unilaterally.
4.3. The value of the Goods indicated on the website of the Online Store 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 rates of delivery services (carriers) directly to the delivery service (carrier) chosen by the Buyer.
4.4. The value of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the address of the Buyer.
4.5. The Seller may indicate the estimated cost of delivery of the Goods to the address of the Buyer upon the Buyer's request to the Seller sent by e-mail or made when the Buyer places an order through the operator of the online store.
4.6. The Buyer's obligations to pay for the Goods shall be considered fulfilled from the moment when the monetary funds are credited to the Sellers account.
4.7. The settlement between the Seller and the Buyer for the Goods shall be made by the ways specified on the website of the Online Store in the Payment and Delivery section.
4.8. Upon receipt of the Goods, the Buyer shall, with the witness of the representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, contents of delivery, expiration date).
4.9. When accepting the Goods, the Buyer or his/her representative shall confirm that he/she has no claims as to the quantity, exterior appearance, and completeness of the goods by fixing his/her signature on the sales receipt, order form or consignment note.
4.10. Ownership and the risk of accidental loss of or damage to the Goods shall pass to the Buyer or his/her Representative from the moment the Goods are received by the Buyer in the Goods delivery point when the Goods are independently delivered by the Seller or when the Seller transfers the Goods chosen by the Buyer to the delivery service (carrier).
5. Rights and obligations of the Parties
5.1. The Seller shall:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms and conditions of this Agreement and the Buyer's order.
5.1.2. The Seller shall not disclose any private information about the Buyer and shall not provide access to this information to the third parties, except for the cases provided for by the law and during the execution of the Buyer's Order.
5.2. The Seller shall have the right to:
5.2.1 Unilaterally change the terms and conditions of this Agreement as well as prices for the Goods and services by placing them on the website of the Online Store. All changes shall come into effect from the moment of their publication.
5.3 The Buyer shall:
5.3.1 Before concluding the Agreement, familiarize himself or herself with the content and the terms and conditions of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2 In order for the Seller to fulfill his obligations towards the Buyer, the latter shall provide all necessary data which uniquely identify him or her as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of the Goods
6.1. The Buyer shall have the right to return to the Seller non-food goods of proper quality if the goods did not satisfy him or her in terms of shape, size, style, color, or if the Goods cannot be used as intended for other reasons. The Buyer shall have the right to return the Goods of proper quality within 14 (fourteen) days exclusive of the day of purchase. Return of the Goods of proper quality shall be carried out if they have not been used and if their appearance, consumer properties, packaging, seals, labels as well as payment document issued to the Buyer for him or her to pay for the Goods were preserved. The list of the goods that are not subject to return on the grounds provided for in this clause shall be approved by the Cabinet of Ministers of Ukraine.
6.2. Reimbursement of the value of the goods of proper quality to the Buyer shall be made within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller subject to compliance with the requirements established in clause 6.1. of the Agreement and current Ukrainian legislation.
6.3. The cost of the goods shall be returned by the way of bank transfer to the Buyer's account.
6.4. Return of the Goods of proper quality to the address of the Seller shall be made at the expense of the Buyer and shall not be reimbursed by the Seller.
6.5. If the Buyer reveals defects in the Goods within the established warranty period, the Buyer personally, according to the procedure and within the time frame established by the Ukrainian legislation, shall have the right to make demands on the Seller provided for by the Law of Ukraine “On Consumer Protection”. Upon the receipt of demands for free elimination of defects, the time frame for their elimination shall be deducted from the date of receipt of the Goods by the Seller and physical access to such Goods.
6.6. Consideration of the demands set out the Law of Ukraine “On Consumer Protection” shall be carried out by the Seller provided that the Buyer submits to the Seller with the documents provided by the current Ukrainian legislation. The Seller shall not be responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the violation by the Buyer of the rules of use or storage of the Goods, actions of third parties or force majeure circumstances.
6.7. The Buyer shall have no right to refuse the goods of proper quality having individually defined properties if the specified goods can be used only by the Buyer who bought it (including, at the request of the Buyer, off-standard sizes, characteristics, appearance, completeness, etc.). The difference in the goods size and other characteristics specified in the online store shall be the confirmation that the goods have individually defined properties.
6.8. Return of the goods in cases provided for by the law and this Agreement shall be carried out at the address specified on the website in the Contacts section.
7.1. The Seller shall not be liable for the damage caused to the Buyer or third parties as a result of improper installation, use, and storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper and/or untimely fulfillment of the Orders and his obligations if the Buyer provides inaccurate or wrongful information.
7.3. The Seller and the Buyer shall be responsible for fulfilling their obligations in accordance with the current Ukrainian legislation and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be released from liability for whole or partial failure to perform their obligations if such failure to perform is the result of force majeure circumstances, such as war or hostilities, earthquake, flood, fire and other acts of God which are beyond the control of the Seller and/or the Buyer, after the conclusion of this agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data.
8.1. By providing his or her personal data on the website of the Online Store when registering or placing the Order, the Buyer gives the Seller his or her consent to the processing, use (including transfer) of his or her personal data as well as to carry out other actions according to the Law of Ukraine “On Personal Data Protection” without limiting the term of such consent.
8.2. The Seller shall not disclose the information received from the Buyer. The disclosure of information by the Seller to contractors and third parties acting on the basis of an agreement with the Seller, including in order to fulfill obligations towards the Buyer, as well as in cases where disclosure of such information is required by current Ukrainian legislation shall not be considered a violation.
8.3. The Buyer shall be responsible for keeping his or her personal data up-to-date. The Seller shall not be responsible for poor performance or failure to perform his obligations due to the irrelevance or incorrectness of information on the Buyer.
9.1. This agreement is concluded in the territory of Ukraine and operates in accordance with the current Ukrainian legislation.
9.2. All disputes arising between the Buyer and the Seller shall be settled through negotiations. If the parties fail to resolve the dispute by means of negotiations, the Buyer and/or the Seller shall have the right to apply to the courts in accordance with the current Ukrainian legislation.
9.3. The Seller shall have the right to amend this Agreement unilaterally in accordance with clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by the mutual consent of the Parties according to the procedure established by current Ukrainian legislation.
ADDRESS AND DETAILS OF THE SELLER:
PETRO MYKOLAIOVYCH MYKHALCHUK,
14 VILSKYI SHLIAKH Str., Zhytomyr,
Zhytomyr region, 10020,
ID code 002003825
Date of entry in the USR: November 20, 2019
Record number: 2 305 000 0000 044293