PUBLIC OFFER AGREEMENT about ordering, purchasing, selling and delivering goods
The document set forth below is a public offer and a public contract. In accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, and unconditional acceptance of such terms is considered acceptance of this offer by the Buyer. This agreement is an official public offer of the Seller to conclude an agreement on the order, purchase, sale and delivery of goods remotely via the Internet and contains a public offer in the online store, which is available on the Internet at the following link: https://hvoya.ua. In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, the fact that the Buyer places an order and/or pays for the order under the terms of this Agreement, within the terms and at the prices specified in the Seller’s online store, is an acceptance of this offer, which is equivalent to the conclusion of a public contract for the order, purchase, sale and delivery of goods (hereinafter referred to as the “Agreement”) on the terms set forth below.
This public agreement is addressed to all individuals and legal entities wishing to purchase the Goods on the Seller’s website at the link: https://hvoya.ua, as well as having the opportunity to receive such Goods.
In connection with the above, please read the text of this offer in detail 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 considered as acceptance of this offer.
Individual entrepreneur Savchenko Natalia Vadumivna, acting on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (registration no: 2 005 530 0000 00017497, date of entry: 18.11.2022), EDRPOU code: 3541910880 (hereinafter referred to as the “Seller”), on the one hand, offers individuals or legal entities on whose behalf an authorized representative acts (hereinafter referred to as the “Buyer”) to purchase the Goods presented on the website https://hvoya.ua on the terms and conditions stipulated by this Agreement.
1. DEFINITION OF BASIC TERMS
1.1. Acceptance means the Buyer’s full, unconditional and unreserved consent to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties.
1.2. Order – a request of the Buyer duly executed and placed through the Website for the purchase of the Goodsselected by him/her in the Online Store.
1.3. Online store – the Seller’s website located on the Internet at the link: https://hvoya.ua created to concludecontracts for the order, purchase, sale and delivery of the Goods, based on the Buyer’s familiarization with thedescription and photographs of such Goods offered by the Seller, which excludes the possibility of directfamiliarization of the Buyer with the goods and provides for an exclusively remote method of selling the goods.
1.4. Recipient of the Goods – the Buyer or the person who actually receives the Goods delivered by the carriercompany on behalf of the Buyer.
1.5. Offer means the Seller’s public offer to an indefinite number of persons to join the Public Agreement for the order, purchase, sale and delivery of goods, which is directed to an indefinite number of persons, regarding the conclusion of an electronic contract for the sale of goods on the terms determined by the Seller, and posted on the Seller’s Website.
1.6. The Buyer is a person who orders and/or reserves and receives such Goods using the technical tools of theWebsite and the Seller’s online store.
1.7. The Seller is an individual entrepreneur Savchenko Natalia Vadumivna or another legal entity/individual entrepreneur whose goods are placed in the online store.
1.8. Website means a website located on the Internet at: https://hvoya.ua including all its web pages.
1.9. Product – goods, images and/or descriptions of which are posted in the Online Store.
1.10. Price is 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 shall be used exclusively in the meaning as defined above, regardless of the use of these terms in the singular or plural number, or in other grammatical forms, cases and/or constructions. All other terms not specifically defined in this Agreement shall be perceived and interpreted in their literal grammatical meaning, based on the provisions of the current legislation of Ukraine, business practices, as well as the purpose and subject matter of thisAgreement.
2. SUBJECT MATTER OF THE AGREEMENT AND GENERAL PROVISIONS
2.1. On the basis and under the conditions set forth in this Agreement, the Seller undertakes to sell (deliver), deliver and transfer to the Buyer the Goods selected by the latter 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 andconditions set forth in this Agreement.
2.2. The ownership of the Goods shall be transferred to the Buyer or the Recipient of the Goods upon delivery (transfer) of the Goods and subject to full payment by the Buyer of the cost of the Goods in the manner and on the terms and conditions established by this Agreement.
2.3. Information on the terms and procedure for ordering, purchasing, selling and delivering the Goods may be provided to the Buyer individually or posted on the Website.
2.4. All amendments to the Agreement shall be published on the Seller’s Website.
2.5. All terms of this Agreement shall be binding on both the Buyer and the Seller. The Buyer shall be obliged tofamiliarize himself 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, except for its publication on the Site.
2.6. Any of the following actions shall be deemed acceptance of this Agreement:
▪ authorization of the Buyer on the website at the link: https://hvoya.ua, which is the expressed intention ofthe latter to purchase the Goods selected in the Online Store;
▪ direct execution of the Order by the Buyer;
▪ pre-payment for the Goods in the Online Store using a payment card, payment system, according to thedetails to the Seller’s current account and/or in any other way.
3. THE PROCEDURE FOR CONCLUDING AN AGREEMENT AND PLACING AN ORDER
3.1. The Agreement shall be deemed concluded without his/her subsequent signing of the authorization on the Website or placing an Order for any Product available for ordering in the Online Store, which indicates theBuyer’s consent to comply with the terms of the Agreement, without signing a written copy by the Parties.
3.2. The Order may be placed by the Buyer by filling in the necessary information in the appropriate section and field for ordering the Goods.
3.3. In case of absence of the ordered Goods, the Seller is obliged to inform the Buyer of such information by means of communication left by the Buyer when placing the Order.
3.4. In the absence of the ordered Goods, the Buyer has the right to replace it with the Goods of a similar model or cancel the Order by sending the Seller a corresponding request by available means of communication.
3.5. The Buyer shall have the right to cancel the order by sending the Seller a corresponding request by available means of communication.
3.6. The actions specified in clause 3.1 of the Agreement and performed by the Buyer shall constitute confirmation of the Buyer’s full and unconditional acceptance of the public offer.
3.7. The agreement concluded by the Buyer by accepting the public offer shall be legally binding in accordance with Article 642 of the Civil Code of Ukraine and shall be equivalent to a written agreement.
4. PROCEDURE AND TERMS OF DELIVERY OF GOODS
4.1. Delivery of the Goods ordered in the Online Store shall be carried out by delivery services within the territory of Ukraine in accordance with the conditions specified on the Website in the relevant section with information on delivery.
4.2. Delivery of the Goods to other countries is carried out by courier or other delivery services, subject to advance payment to the Seller’s current account of the full cost of the Goods.
4.3. Together with the Order, the Buyer shall be provided with the documents required by the current legislation of Ukraine.
4.4. Upon receipt of the Goods, the Buyer shall 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 the Orders is carried out by delivery services (hereinafter referred to as the “Carrier Companies”), by accepting this Public Offer, the Buyer fully and unconditionally agrees to the Rules of Carriage of Goods of the Carrier Companies. The terms of such Rules are available on the websites of the respective Carrier Companies.
4.7. Pickup of the Goods (independent receipt of the Goods at the place of business of the Seller):
4.7.1. After placing the Order, the Buyer, subject to pre-payment for the Goods with a payment card on the Site, may receive the relevant Goods at the following address: Kyiv, 30A Velyka Zhytomyrska St.; daily from 11:00 to 20:00.
4.8. The risk of accidental loss and/or accidental damage to the Goods shall be transferred to the Recipient of the Goods from the moment the Order is transferred to him/her and the Recipient of the Goods signs the documents confirming the delivery of the Order.
5. PROCEDURE AND CONDITIONS FOR RETURNING GOODS
5.1. The procedure and conditions for the return of Goods of good quality are defined on the Site in the relevant section with information on the exchange and return of Goods, and are carried out in accordance with the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII of 12.05.1991 (as amended).
5.2. The Buyer has the right to refuse the received Goods within 14 (fourteen) days from the date of receipt of the Goods only if the presentation, consumer properties of the Goods, factory packaging, labels and payment document (electronic document, receipt, sales or fiscal check or other document confirming the receipt of funds, indicating the date of payment) are preserved.
5.3. The return of the Goods delivered by the Carrier Companies shall be carried out at the expense of the Buyer.
5.4. Goods used in photo and/or video shoots are considered to be used and cannot be exchanged or returned, including if their presentation is preserved.
5.5. The exchange and/or return of the Goods sent (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, execute duly executed and confirmed Orders.
6.1.2. Deliver the Goods in accordance with the Order and the terms of this Agreement.
6.1.3. To check the quantitative and qualitative characteristics of the Goods during its packaging and preparationfor shipment/delivery.
6.1.4. In no way disclose information about the personal data of the Buyers and other data about the Order.
6.1.5. To provide each Buyer with the opportunity to refuse to receive advertising materials and othercommercial offers of the Seller, which may be sent by the latter to the e-mail address specified when placing theOrder.
6.2. The seller has the right to:
6.2.1. Unilaterally suspend the sale of the Goods and the provision of delivery services (refuse to place an Order, sell and/or deliver the Goods) in case of violation by the Buyer of the terms of this Agreement.
6.2.2. In the absence of the Goods ordered by the Buyer, exclude the specified Goods from the Order and/or cancel such Order, without fail notifying the Buyer by sending a corresponding e-mail to the e- mail addressspecified by the Buyer when placing the Order.
6.2.3. At its sole discretion, unilaterally amend the terms of the Agreement by posting (publishing) a new version on the Website. The amendments shall enter into force from the moment of their posting (publication),unless another term of entry into force is additionally specified in their publication.
6.2.4. At its sole discretion, unilaterally change the Price for the Goods. In any case, the Price of the Goodsconfirmed by the Seller of the Order shall remain unchanged.
6.2.5. Hold sales and offer promotional offers that provide a temporary opportunity to purchase the Goods onmore favorable terms than usual.
6.2.6. To inform the Buyer about the update of the range of Goods on the Website.
6.2.7. Post information on promotional activities and marketing campaigns conducted or to be conducted by theSeller in the Online Store, as well as, in accordance with the terms of this Agreement and the Privacy Policy, send e-mails to the Buyers’ e-mail addresses with information about news, promotional activities, marketingcampaigns, and other commercial offers of the Seller.
6.2.8. Organize the delivery of Orders by engaging third parties to provide delivery services.
6.2.9. Exercise other rights provided for by this Agreement and the applicable laws of Ukraine.
6.3. The buyer is obliged:
6.3.1. Before accepting this Offer, read all its terms and conditions.
6.3.2. To familiarize yourself with the information about the Goods (its description), which is posted in theOnline Store, before placing and sending the Order.
6.3.3. Duly pay for and receive the Order issued in accordance with the terms of this Agreement.
6.3.4. When registering and/or placing an Order, provide the Seller with all the information necessary for the delivery of the Order. The Buyer is fully responsible for providing false information that has caused the Seller tobe unable to properly fulfill its obligations to the Buyer.
6.3.5. Upon receipt of the Order, verify the integrity and completeness of the Goods by inspecting the contentsof the Order.
6.3.6. To familiarize yourself with the Rules of cargo transportation of the Carrier Companies before placingthe Order.
6.4. The buyer has the right to:
6.4.1. To select the Goods from the proposed list in the Online Store, to place and submit an Order on therelevant pages of the Website.
6.4.2. Require the Seller to fulfill the conditions and obligations stipulated by this Agreement.
6.4.3. To withdraw from this Agreement and/or terminate it in the manner and in the cases provided for bythis Agreement and/or the provisions of the current legislation of Ukraine.
6.4.4. To refuse to receive advertising materials and other commercial offers of the Seller, which may be sentby the latter to the Buyer’s e-mail address.
6.4.5. To exercise other rights provided for by this Agreement and the provisions of the current legislation of Ukraine.
7. PRICE OF GOODS, PROCEDURE AND TERMS OF PAYMENT
7.1. The price of the Goods in the Online Store is indicated in the national currency of Ukraine – UAH, per unit of the Goods in accordance with the price list established by the Seller.
7.2. The price of the Agreement shall be determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which shall be determined depending on the delivery method in accordance with the terms of the Agreement, as well as the cost of services of the Carrier Companies.
7.3. The Seller reserves the right to change the price of the Goods before placing the Order without notifying the Buyer.
7.4. The final price shall be the price specified in the relevant section of the Website when transferring funds tothe Seller’s current account and/or using the Fondy payment system.
7.5. The total cost of the Order may vary depending on the price, quantity or nomenclature of the Goods.
7.6. Settlements between the Parties under the terms of this Agreement shall be made exclusively in the national currency of Ukraine using the Fondy payment system.
7.7. The date of payment by the Buyer of the cost of the Goods shall be the date of crediting the corresponding amount of money to the current account of the Seller.
7.8. Prior to delivery of the Goods to the Buyer, the Seller (courier, carrier company or other third party that delivers the ordered Goods on behalf of the Seller) has the right to require the Buyer to provide an identity document confirming the fact of payment for the Goods.
7.9. Failure of the Buyer to fulfill its obligations to pay for the Goods ordered by it shall be deemed a unilateral withdrawal of the Buyer from this Agreement in full, which shall accordingly result in the termination of all obligations of the Seller arising from the Buyer’s acceptance of the Seller’s offer to conclude this Agreement.
8. VALIDITY PERIOD, PROCEDURE FOR MAKING CHANGES 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 Goods, shall be deemed concluded for an indefinite period and shall remain in force until withdrawn 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 and conditions of the Agreement and/or withdraw it at anytime at its sole discretion.
8.3. If the Seller amends the Agreement, such amendments shall enter into force upon publication of the new version of the Agreement on the Seller’s website, unless another term for the entry into force of the amendments is
defined additionally when they are published. The Agreement shall be deemed withdrawn from the moment itspublication is removed from the Seller’s website.
8.3.1. From the moment the Agreement enters into force as amended, the Agreement shall be effective for theParties in a new version.
8.4. The Seller shall have the right to unilaterally withdraw from the Agreement by notifying the Buyer inwriting not less than 1 (one) day prior to the expected date of withdrawal from the Agreement.
8.5. Termination of this Agreement shall not relieve the Buyer from liability for violation of the terms of thisAgreement that occurred during its validity period.
8.6. The Agreement shall also be deemed automatically terminated (dissolved) in cases where:
• The Buyer has received the Goods for which payment has been made;
• The Buyer has refused to purchase and/or receive the Goods on his/her 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 for by this Agreement and the applicable laws of Ukraine.
9.2. In the event that non-fulfillment or improper fulfillment of the terms of this Agreement by one of the Parties hereto has caused damage to the other Party, the guilty Party shall be obliged to reimburse such damage in full.
9.3. Compensation for damages shall not relieve the guilty Party from its obligations to properly comply with the terms of this Agreement.
9.4. The seller is not responsible for:
▪ minor discrepancies in the color scheme of the Goods, which may differ from the original Goods solely due to the different color rendering of monitors and/or screens of certain models of electronic technical devices;
▪ the content and truthfulness of the information provided by the Buyer when placing the Order;
▪ delays and interruptions in the provision of services for processing the Order and delivery of the Goods that occur for reasons beyond its control;
▪ unlawful illegal actions performed by the Buyer through access to the Internet;
▪ transfer by the Buyer of its network identifiers – IP, MAC address, etc. to third parties.
9.5. In the event of a dispute, the Buyer may send complaints, claims and/or demands to the official e- mail of the Seller at: hello@hvoya.ua.
9.6. The Seller shall respond to complaints, claims and/or demands sent to the official e-mail address specified in clause 9.5 within 10 (ten) business days.
9.7. In case of failure to reach an agreement within 30 (thirty) calendar days, the Buyer shall have the right to file a complaint with the relevant state regulatory authority competent to consider such complaints.
10. FORCE MAJEURE CIRCUMSTANCES
10.1. The Parties shall be released from liability for full or partial non-performance or improper performance of the obligations set forth in this Agreement if such non-performance or improper performance occurred as aresult of force majeure circumstances.
10.2. Force majeure circumstances shall be understood as those that have arisen 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, power outages and communicationsfailures used for
provision of services, adoption of acts of state authorities and other circumstances beyond the control of the Parties that make it impossible for a Party to timely, fully and properly fulfill its obligations under thisAgreement.
10.3. The occurrence of force majeure must be confirmed by a document of a competent authority – the relevantChamber 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, namely, the military aggression of the Russian Federation against Ukraine, which became the basis for the introduction of martial lawfrom 05.30 a.m. “February 24, 2022, as confirmed by the Letter of the Ukrainian Chamber of Commerce andIndustry No. 024/02-7.1 dated February 28, 2022.
10.5. The Parties also recognize that the circumstances specified in this clause from February 24, 2022 untiltheir official termination are extraordinary, unavoidable and objective circumstances for the Parties hereunder. In this regard, in the event of active hostilities on the territory of the Seller’s location and/or place of business, in particular, but not exclusively, in the city of Kyiv, the Seller shall not be liable for violation of the terms of this Agreement, which may or will be caused by the occurrence of the circumstances provided for in this clause, and the Seller shall have the right to unilaterally postpone the terms of dispatch and/or delivery of the Goods underthis Agreement, without applying any penalties, complaints or claims to the Seller.
10.6. In the event of force majeure, the Party subject to such force majeure shall notify the other Party thereof within 5 (five) days from the date of occurrence of such force majeure or from the date when such Party has the opportunity to notify the other Party of the occurrence of such force majeure. Upon termination of force majeure circumstances, the Party that was under their influence shall notify the other Party of such termination within 5 (five) days from the date of termination of force majeure circumstances or from the date when such Party has the opportunity to notify the other Party of the termination of force majeure circumstances.
10.7. If the force majeure circumstances last for more than 3 (three) consecutive months, each of the Parties shall have the right to refuse further performance of obligations under this Agreement and, in this case, neitherParty shall be entitled to compensation for possible losses by the other Party.
11. OTHER TERMS OF THE AGREEMENT
11.1. This Agreement is a public electronic agreement (offer) for the order, purchase, sale and delivery of Goods at a distance by means of remote 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 enter into this Agreement, as well as the change of the terms of this Agreement, shall not be grounds for:
▪ any revision or change in the terms and conditions or termination of the transactions already concluded by the Seller with the Buyers under the terms of this Agreement;
▪ the Seller’s refusal to fulfill its obligations under the transactions already concluded with the Buyersunder 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 thesame for all Buyers.
11.5. The Seller’s offer to conclude this Agreement shall be deemed accepted by the Buyer in full from themoment specified in clause 3.1 of Section 3 of the Agreement.
11.6. The conclusion of this Agreement (acceptance by the Buyer of the Seller’s offer) shall be deemed unconditional and full acceptance by the Buyer of all terms and conditions of the Agreement without exception,including material terms, as well as entry into the relevant contractual legal relations with the Seller.
11.7. The documentary (paper) confirmation of the fact of concluding this Agreement shall be the relevant settlement document of the established form with a note on the date of sale (date of transfer) of the Goods.
11.8. The invalidation, voidance or expiration of certain terms of this Public Agreement shall not result in theinvalidation, voidance or expiration of any other terms of this Public Agreement.
11.9. In all matters not regulated by this Agreement, the Parties shall be governed by the applicable laws of Ukraine.
12. SELLER'S DETAILS
SELLER: Savchenko Natalia Vadumivna, individual entrepreneur
EDRPOU code: 3541910880
p/d: UA933348510000000026005192014
Bank: JSC “PMB“
tel.: +38 073 637 38 39
e-mail: hello@hvoya.ua