PUBLIC OFFER AGREEMENT for ordering, purchasing, selling, and delivering goods
The document, the provisions of which are set forth below, is a public offer and a public agreement. In accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are identical for all Buyers, and the unconditional acceptance of such terms is considered as the Buyer's acceptance of this offer. This agreement is an official public offer by the Seller to conclude an agreement on the ordering, purchase, sale and delivery of goods remotely via the Internet and contains a public offer (proposal) in the online store, which is located on the Internet at the link: https://hvoya.ua. In accordance with Part 2 of Article 642 of the Civil Code of Ukraine, the fact of placing an order and/or paying by the Buyer for the order under the terms of this Agreement, within the terms and at the prices indicated in the Seller's online store, is an acceptance of this offer, which is equivalent to concluding a public agreement for the ordering, purchase, sale and delivery of goods (hereinafter - the "Agreement") on the terms set forth below.
This public agreement is addressed to all individuals and legal entities who wish to purchase Goods on the Seller's website at the link: https://hvoya.ua, and also have the opportunity to receive such Goods.
In view of the above, please carefully read the text of this offer and, if you do not agree with any of its terms or provisions, the Seller suggests that you refuse to purchase the Goods or perform any conclusive actions that may be regarded as acceptance of this offer.
Individual entrepreneur Savchenko Nataliia Vadymivna, acting on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (record number in the register: 2 005 530 0000 00017497, date of entry: 18.11.2022) Code of the unified state register of enterprises and organizations of Ukraine: 3541910880 (hereinafter - the "Seller") on the one hand, offers individuals or legal entities, on behalf of whom an authorized representative acts (hereinafter - the "Buyer"), to purchase Goods presented on the website https://hvoya.ua, on the terms provided for by this Agreement.
1. DEFINITION OF KEY TERMS
1.1. Acceptance - the Buyer's full, unconditional and unreserved consent to conclude this Agreement in full, without signing a written copy of the Agreement by the Parties. 1.2. Order - a duly completed and placed request by the Buyer through the Website to purchase the Goods selected by him in the Online Store.
1.3. Online store - the Seller's Website, located on the Internet at the link: https://hvoya.ua, created for concluding agreements on ordering, purchasing, selling and delivering Goods, based on the Buyer's familiarization with the description and photos of such Goods offered by the Seller, which excludes the possibility of direct familiarization of the Buyer with the goods and provides exclusively for a remote method of selling the goods.
1.4. Recipient of the Goods - the Buyer or a person who, on behalf of the Buyer, actually receives the Goods delivered by the carrier company.
1.5. Offer - a public offer from the Seller addressed to an indefinite number of persons to join the Public Agreement on ordering, purchasing, selling and delivering goods, relating to the conclusion of an electronic sales agreement for Goods on the terms defined by the Seller, and posted on the Seller's Website.
1.6. Buyer - a person who orders and/or reserves, as well as receives such Goods using the technical tools of the Website and the Seller's Online Store.
1.7. Seller - individual entrepreneur Savchenko Natalia Vadymivna or another legal entity/individual entrepreneur whose goods are placed in the Online Store.
1.8. Website - a website located on the Internet at: https://hvoya.ua, including all its web pages.
1.9. Goods - goods, images and/or description of which are posted in the Online Store.
1.10. Price - a payment, the amount of which is set by the Seller as the cost of certain Goods for the Buyer.
1.11. For the purposes of this Agreement, all terms specified in this section of the Agreement are used exclusively in the meaning specified above, regardless of the use of these terms in the singular or plural, or in other grammatical forms, cases and/or constructions. All other terms not separately defined in this Agreement are perceived and interpreted in their literal grammatical meaning, based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject of this Agreement.
2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS
2.1. Based on and under the terms specified in this Agreement, the Seller undertakes to sell, deliver, and transfer ownership of the Goods selected by the Buyer in accordance with the Order in the Seller's Online Store, and the Buyer undertakes to accept and pay for the Goods in the manner and on the terms established by this Agreement.
2.2. Ownership of the Goods transfers to the Buyer or the Recipient of the Goods at the moment of delivery (transfer) of the Goods and provided that the Buyer has fully paid the cost of the Goods in the manner and on the terms established by this Agreement.
2.3. Information about the terms and procedure for ordering, purchasing, selling, and delivering Goods may be provided to the Buyer individually or posted on the Website.
2.4. All changes and additions to the Agreement are published on the Seller's Website.
2.5. All terms of this Agreement are binding on both the Buyer and the Seller. The Buyer is obliged to independently familiarize themselves with the terms of this Agreement. The Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement, other than by publishing it on the Website.
2.6. Any of the following actions is considered acceptance of this Agreement:
• Buyer's authorization on the website at the link: https://hvoya.ua, which is the latter's expressed intention to purchase the Goods selected in the Online Store;
• direct placement of an Order by the Buyer;
• prepayment for the Goods in the Online Store using a payment card, payment system, according to the details to the Seller's current account and/or in any other way.
3. ORDER PLACEMENT AND CONTRACT CONCLUSION PROCEDURE
3.1. The Agreement is considered concluded without its subsequent signing of authorization on the Website or placing an Order for any Product available for order in the Online Store, which indicates the Buyer's consent to comply with the terms of the Agreement, without signing a written copy by the Parties.
3.2. An Order can be placed by filling in the necessary information by the Buyer in the corresponding section and field for ordering Goods.
3.3. In case of absence of the ordered Product, the Seller is obliged to inform the Buyer about such information using the communication means left by the Buyer when placing the Order.
3.4. In case of absence of the ordered Product, the Buyer has the right to replace it with a Product of a similar model or cancel the Order by sending a corresponding request to the Seller using available means of communication.
3.5. The Buyer has the right to cancel the order by sending a corresponding request to the Seller using available means of communication.
3.6. The actions specified in clause 3.1 of the Agreement and performed by the Buyer are confirmation of the latter's full and unconditional acceptance of the public offer.
3.7. The Agreement concluded by the Buyer by accepting the public offer has legal force in accordance with Article 642 of the Civil Code of Ukraine and is equivalent to a written agreement.
4. PROCEDURE AND TERMS OF GOODS DELIVERY
4.1. Delivery of Goods ordered in the Online Store is carried out by delivery services throughout Ukraine in accordance with the terms specified on the Website in the relevant section with information about delivery.
4.2. Delivery of Goods to other countries is carried out by courier or other delivery services, subject to prepayment of the full cost of the Goods to the Seller's current account.
4.3. Together with the Order, the Buyer is provided with the documents stipulated by the current legislation of Ukraine.
4.4. Upon receipt of the Goods, the Buyer is obliged to check such Goods for quantity, quality, assortment, and completeness.
4.5. The fact of acceptance of the Goods by the Buyer is payment for the Goods.
4.6. If the delivery of Orders is carried out by delivery services (hereinafter – "Carrier Companies"), by accepting this Public Offer, the Buyer fully and unconditionally agrees with the Rules for the transportation of goods by Carrier Companies. The terms of such Rules can be found on the websites of the respective Carrier Companies. 4.7. Self-pickup of Goods (independent receipt of Goods at the Seller's place of business):
4.7.1. After placing an Order, the Buyer, subject to prepayment for the Goods by credit card on the Website, can pick up the corresponding Goods at the address: Kyiv, Velyka Zhytomyrska St., bldg. 30A; daily from 11:00 to 20:00.
4.8. The risk of accidental loss and/or accidental damage to the Goods passes to the Recipient of the Goods from the moment the Order is handed over to them and the Recipient of the Goods signs the documents confirming the delivery of the Order.
5. RETURN POLICY AND CONDITIONS
5.1. The procedure and conditions for returning Goods of proper quality are defined on the Website in the corresponding section with information about exchanges and returns of Goods, and are carried out in accordance with the Law of Ukraine "On Consumer Protection" No. 1023-XII dated May 12, 1991 (with amendments and additions).
5.2. The Buyer has the right to refuse the received Goods within 14 (fourteen) days from the moment of receipt of the Goods, provided that the commercial appearance, consumer properties of the Goods, factory packaging, labels, and payment document (electronic document, receipt, sales or fiscal receipt or other document confirming the fact of receiving funds, indicating the date of payment) are preserved.
5.3. The return of Goods, the delivery of which was carried out by shipping companies, is at the Buyer's expense.
5.4. Goods that were used in photo and/or video shoots are considered to have been in use and are not subject to exchange or return, even if their commercial appearance is preserved.
5.5. Exchange and/or return of Goods shipped (delivered) to other countries is not carried out.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Seller is obliged to:
6.1.1. After confirming the Order, fulfill properly placed and confirmed Orders.
6.1.2. Deliver the Goods in accordance with the placed Order and the terms of this Agreement.
6.1.3. Check the quantitative and qualitative characteristics of the Goods during their packaging and preparation for shipment/delivery.
6.1.4. Not disclose information about Buyers' personal data and other order details in any way.
6.1.5. Provide each Buyer with the opportunity to refuse to receive promotional materials and other commercial offers from the Seller, which may be sent by the latter to the email address specified when placing the Order.
6.2. The Seller has the right to:
6.2.1. Unilaterally suspend the sale of Goods and the provision of delivery services (refuse to place an Order, sell and/or deliver Goods) in case of Buyer's violation of the terms of this Agreement.
6.2.2. In the absence of Goods ordered by the Buyer, exclude the specified Goods from the Order and/or cancel such an Order, obligatorily notifying the Buyer by sending a corresponding electronic message to the email address specified by the Buyer when placing the Order.
6.2.3. At its discretion, unilaterally amend the terms of the Agreement by posting (publishing) it in a new version on the Website. The changes come into force from the moment of their posting (publication), unless another effective date for the changes is additionally specified when they are published.
6.2.4. At its discretion, unilaterally change the Price of the Goods. In any case, the Price of the Goods for an Order confirmed by the Seller remains unchanged.
6.2.5. Conduct sales and offer promotional offers that provide a temporary opportunity to purchase Goods on more favorable terms than usual.
6.2.6. Inform the Buyer about the replenishment of the assortment of Goods on the Website.
6.2.7. Post information in the Online Store about advertising events and marketing campaigns conducted or to be conducted by the Seller, and, in accordance with the terms of this Agreement and the Privacy Policy, send emails to the Buyers' email addresses with information about news, advertising events, marketing campaigns, and other commercial offers from the Seller.
6.2.8. Organize the delivery of Orders, engaging third parties to provide delivery services. 6.2.9. Exercise other rights provided by this Agreement and the norms of current Ukrainian legislation.
6.3. The Buyer is obliged to:
6.3.1. Before accepting this Offer, familiarize himself with all its terms and provisions.
6.3.2. Familiarize himself with the information about the Product (its description), which is posted in the Online Store, before placing and sending the Order.
6.3.3. Properly pay for and receive the Order placed in accordance with the terms of this Agreement.
6.3.4. When registering and/or placing an Order, provide the Seller with complete information necessary for the delivery of the Order. The Buyer bears full responsibility for providing false information that made it impossible for the Seller to properly fulfill its obligations to the Buyer.
6.3.5. Upon receipt of the Order, ensure the integrity and completeness of the Goods by inspecting the contents of the Order.
6.3.6. Familiarize himself with the Rules for the transportation of goods by Carrier Companies before placing an Order.
6.4. The Buyer has the right to:
6.4.1. Choose Goods from the proposed list in the Online Store, place and send Orders on the relevant pages of the Website.
6.4.2. Demand from the Seller the fulfillment of the terms and obligations stipulated by this Agreement. 6.4.3. Withdraw from this Agreement and/or terminate it in the manner and in the cases provided for by this Agreement and/or the norms of current Ukrainian legislation.
6.4.4. Refuse to receive promotional materials and other commercial offers from the Seller that may be sent by the latter to the Buyer's email address.
6.4.5. Exercise other rights provided by this Agreement and the provisions of current Ukrainian legislation.
7. PRODUCT PRICE, PAYMENT PROCEDURE AND TERMS
7.1. The price of the Product in the Online Store is indicated in the national currency of Ukraine – Hryvnia, per unit of Product according to the price list established by the Seller.
7.2. The Contract price is determined by adding the prices of all selected Products placed in the virtual cart and the delivery price, which is determined depending on the delivery method in accordance with the terms of the Contract, as well as the cost of services of the Carrier Companies.
7.3. The Seller reserves the right to change the price of the Product before the Order is placed without notifying the Buyer.
7.4. The final price is the one indicated in the relevant section of the Website when transferring funds to the Seller's current account and/or through the Fondy payment system.
7.5. The total cost of the Order may vary depending on the price, quantity, or assortment of the Product.
7.6. Settlements between the Parties regarding the terms of this Contract are carried out exclusively in the national currency of Ukraine using the Fondy payment system.
7.7. The date of payment of the Product's cost by the Buyer is considered to be the date of crediting the corresponding amount of money to the Seller's current account.
7.8. Before delivering the Product to the Buyer, the Seller (courier, Carrier Company, or another third party delivering the ordered Product on behalf of the Seller) has the right to request the Buyer to provide an identity document and proof of payment for the Product.
7.9. The Buyer's failure to fulfill their obligations regarding the payment for the ordered Product is considered a unilateral refusal by the Buyer from this Contract in full, which consequently leads to the termination of all Seller's obligations arising from the Buyer's acceptance of the Seller's offer to conclude this Contract.
8. TERM OF VALIDITY, AMENDMENT PROCEDURE AND ADDITIONS TO THE AGREEMENT
8.1. This Agreement shall enter into force from the moment the Order is placed in the Online Store and/or the Buyer pays for the Seller's Product, is considered concluded for an indefinite period and is valid until it is revoked by the Seller and/or until the Parties fully fulfill their obligations under this Agreement.
8.2. The Seller reserves the right to amend the terms of the Agreement and/or revoke it at any time at its discretion.
8.3. If the Seller makes changes to the Agreement, such changes shall enter into force from the moment the new version of the Agreement is published on the Seller's website, unless a different effective date for the changes is
additionally defined upon their publication. The Agreement is considered revoked from the moment its publication is removed from the Seller's website.
8.3.1. From the moment the Agreement enters into force with the introduced changes and additions, the Agreement begins to operate for the Parties in a new version.
8.4. The Seller has the right to unilaterally withdraw from this Agreement by notifying the Buyer in writing at least 1 (one) day before the planned date of withdrawal from the Agreement.
8.5. Termination of this Agreement does not relieve the Buyer of responsibility for violations of the terms of this Agreement that occurred during its term.
8.6. The Agreement is also considered automatically terminated (cancelled) in cases where:
• The Buyer received the Product for which payment was made;
• The Buyer refused to purchase and/or receive the Product on their own initiative.
9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable as provided by this Agreement and the norms of the current legislation of Ukraine.
9.2. In the event that the non-fulfillment or improper fulfillment of the terms of this Agreement by one of its Parties has caused damage to the other Party, the guilty Party is obliged to compensate such damage in full.
9.3. Compensation for damages does not relieve the guilty Party of its obligations to properly fulfill the terms of this Agreement.
9.4. The Seller is not responsible for:
• minor discrepancies in the color scheme of the Product, which may differ from the original Product solely due to different color reproduction of monitors and/or screens of individual models of electronic technical devices;
• the content and truthfulness of the information provided by the Buyer when placing an Order;
• delays and interruptions in the provision of services for processing the Order and delivery of the Product, occurring due to reasons beyond his control;
• unlawful illegal actions committed by the Buyer by accessing the Internet;
• the transfer by the Buyer of his network identifiers – IP, MAC addresses, etc., to third parties.
9.5. In the event of disputed situations, the Buyer may send complaints, claims, and/or demands to the Seller's official email address: hello@hvoya.ua.
9.6. The Seller shall respond to complaints, claims, and/or demands sent to the official email address specified in clause 9.5 within 10 (ten) business days.
9.7. In case of inability to reach an agreement within 30 (thirty) calendar days, the Buyer has the right to file a complaint with the relevant state supervisory body, whose competence includes the consideration of such complaints.
10. FORCE MAJEURE
10.1. The Parties shall be released from liability for full or partial non-performance or improper performance of obligations specified in this Agreement if such non-performance or improper performance occurred due to force majeure circumstances.
10.2. Force majeure circumstances shall be understood as those that arose beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: epidemics, pandemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, disruptions in electricity supply and the operation of communications used for providing services, adoption of acts by state bodies, and other circumstances beyond the control of the Parties that make it impossible for a Party to timely, fully, and properly perform its obligations under this Agreement.
10.3. The occurrence of force majeure circumstances must be confirmed by a document from a competent authority - the relevant Chamber of Commerce and Industry or other authorized, competent body or entity.
10.4. The Parties confirm that they understand and agree to the existence of force majeure circumstances, namely – the military aggression of the Russian Federation against Ukraine, which served as the basis for the introduction of martial law from 05:30 on February 24, 2022, as confirmed by Letter No. 024/02.0-7.1 from the Chamber of Commerce and Industry of Ukraine dated February 28, 2022.
10.5. The Parties also recognize that the circumstances specified in this clause from February 24, 2022, until their official termination, are extraordinary, unavoidable, and objective circumstances for the Parties under this Agreement. In this regard, in the event of active hostilities in the location of the Seller and/or the place of its business operations, including but not limited to the city of Kyiv, the Seller shall not be liable for breaches of the terms of this Agreement that may or will be caused by the occurrence of the circumstances provided for in this clause, and the Seller has the right to unilaterally postpone the terms of dispatch and/or delivery of the Goods under this Agreement, without applying any penalties, complaints or claims to the Seller.
10.6. In the event of force majeure circumstances, the Party affected by them shall notify the other Party within 5 (five) days from the moment such circumstance arises or from the moment such Party has the opportunity to notify the other Party about the occurrence of the circumstance. After the cessation of force majeure circumstances, the Party that was affected by them shall notify the other Party of such cessation within 5 (five) days from the moment the force majeure circumstances end, or from the moment such Party has the opportunity to notify the other Party of the cessation of force majeure circumstances.
10.7. If force majeure circumstances last for more than 3 (three) consecutive months, each of the Parties has the right to refuse further performance of obligations under this Agreement, and in such a case, neither Party shall have the right to claim compensation from the other Party for possible damages.
11. OTHER TERMS OF THE AGREEMENT
11.1. This Agreement is a public electronic agreement (offer) for ordering, purchasing, selling, and delivering Goods remotely using distance communication (Internet) through the Online Store.
11.2. The Seller may withdraw or change the terms of the offer to conclude this Agreement, as well as change the terms of this Agreement, at any time. 11.3. The withdrawal or change of the terms of the offer to conclude this Agreement, as well as the change of the terms of this Agreement, cannot be a reason for:
• any review or change of terms or termination of agreements already concluded by the Seller with Buyers under the terms of this Agreement;
• the Seller's refusal of its obligations under agreements already concluded with Buyers under the terms of this Agreement.
11.4. The terms of the offer to conclude this Agreement, as well as the terms of the Agreement itself, are the same for all Buyers.
11.5. The Seller's offer to conclude this Agreement is considered fully accepted by the Buyer from the moment specified in clause 3.1 of section 3 of the Agreement.
11.6. The conclusion of this Agreement (the Buyer's acceptance of the Seller's offer) is considered an unconditional and full acceptance by the Buyer of all terms of the Agreement without exception, including essential terms, as well as the entry into relevant contractual legal relations with the Seller.
11.7. The documented (paper) confirmation of the fact of concluding this Agreement is the corresponding settlement document of the established form with a mark of the date of sale (date of transfer) of the Goods.
11.8. The recognition of individual terms of this public Agreement as invalid, void, or no longer in force does not result in the recognition of any other terms of this public Agreement as invalid, void, or no longer in force.
11.9. For all matters not regulated by this Agreement, the Parties are guided by the norms of the current legislation of Ukraine.
12. SELLER DETAILS
SELLER: Individual Entrepreneur Savchenko Nataliia Vadymivna
USREOU Code: 3541910880
Account: UA933348510000000026005192014
Bank: JSC "PUMB"
Tel: +38 073 637 38 39
Email: hello@hvoya.ua