Public Offer Agreement
Under this Agreement, one party is the Seller on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as - the Parties, have concluded this Public Offer Agreement (hereinafter - the Agreement), addressed to an unlimited circle of persons, being by the Seller’s official public offer to conclude with the Buyers a contract of sale of the Goods, photos of which are posted in the corresponding section of the Website https://kievznak.com/ .
Sellers who intend to sell the Goods through the Website https://kievznak.com/ and Buyers when purchasing Goods, the images of which are placed on the corresponding pages https://kievznak.com/ , accept the terms of this Agreement as follows.
GENERAL PROVISIONS1.1. Contractual relations between the Seller and the Buyer are executed in the form of a Public Offer Agreement. By clicking on the “ORDER” button on the Website page https://kievznak.com/ in the corresponding section, the Buyer, irrespective of status (individual, legal entity, individual entrepreneur), in accordance with applicable international and Ukrainian laws, to fulfill the conditions of the Public Offer Agreement, which are indicated below.
1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement comes into force from the moment you click on the “ORDER” button, by which the Buyer agrees to make a purchase of the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and fully settles with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international agreement, the consent of which is provided by the Verkhovna Rada of Ukraine, establishes other rules than those established by Ukrainian legislation, then the rules of the international agreement are applied.
TERMS AND DEFINITIONS“Public offer agreement ” - a public agreement, a sample of which is posted on the Website https://kievznak.com/ and the use of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Website https: / /kievznak.com/ directed to an indefinite number of persons, including Buyers.
“Acceptance” - is the acceptance by the Buyer of the seller’s offer to purchase the Goods, the image of which is posted on the Website https://kievznak.com/ , by adding it to the virtual basket and sending the Order.
“Goods” - a trade item (product, model, accessory, components and related items, any other items of trade), the acquisition of which is posted on the Website https://kievznak.com/ seller's offer.
“Buyer” - any competent individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who visited the Website https://kievznak.com/ and who intend to purchase this or that Product.
“Seller” - any competent individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian laws that are the owners or distributors of the Goods and using the Website https://kievznak.com/ have the intention to sell it.
“Order” - the Buyer's application for the purchase of Goods duly executed and posted on the Website https://kievznak.com/ , addressed to the seller. “Legislation” - the norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.
“Significant defect of the Goods” - a defect that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination appears again for reasons independent of the consumer.
SUBJECT OF THE AGREEMENT3.1. The Seller undertakes, under the conditions and in the manner specified by this Agreement, to sell the Goods on the basis of the Order executed by the Buyer on the corresponding page of the Website https://kievznak.com/ , and the Buyer undertakes to buy the Goods under the conditions and in the manner established by this Agreement and to pay money for him.
3.2. The seller guarantees that the Goods are not pledged, are not subject to dispute, are not under arrest, and there are no third-party rights to them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or feigned transaction or a transaction made under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits for carrying out economic activities that regulate the sphere of legal relations arising and operating in the process of execution of this Agreement, and also guarantees that he has the right to manufacture and / or sale of goods without any restrictions, in accordance with requirements of the current legislation of Ukraine, and agrees to be liable in case of violation of the rights of the Buyer in the process of fulfilling this Agreement and selling the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER4.1. The seller must:
- comply with the terms of this Agreement
- fulfill orders of the Buyer in case of receipt of payment from the Buyer;
- to transfer the Goods to the Buyer according to the selected sample on the corresponding page of the Website https://kievznak.com/ , the order placed and the terms of this Agreement;
- check the qualitative and quantitative characteristics of the Goods during its packaging in the warehouse;
- notify the buyer of a possible additional commission when paying European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
- unilaterally suspend the provision of services under this Agreement in case the Buyer violates the terms of this Agreement.
PE Boyko Oleg
04050, Kiev, st. Glubochitskaya, d. 33-37, office 316.
account number 26006060156667 in the FKV "PRIVATBANK", ROZRAKHUNKOVY CENTER,
or "TVK" METTA" LLC
04050, Kiev, st. Glybochitskaya, d. 33-37, office 316.
account number 26001801349198 in AT "OTP BANK",
RIGHTS AND OBLIGATIONS OF THE BUYER5.1. The buyer must:
- timely pay and receive the order on the terms of this Agreement;
- get acquainted with the information about the Goods posted on the Website https://kievznak.com/ ;
- upon receipt of the Goods from the person who delivered it, verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete completion of the Goods, fix them in the act, which together with the Buyer must be signed by the person who delivered it to the Buyer.
- place an order on the corresponding page of the Website https://kievznak.com/ ;
- require the seller to fulfill the terms of this Agreement;
- to inform about a possible additional commission when paying European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDERING PROCEDURE6.1. The buyer independently places an order on the corresponding page of the Website https://kievznak.com/ by adding the Products to the virtual basket by clicking the "Add to Cart!" Button, or by placing an order by e-mail, or by the phone number specified in the contacts section Website https://kievznak.com/ . 6.2. The term for the formation of the Order is up to 2 working days from the date of its execution. If the order is sent on a weekend or holiday, the formation period begins on the first working day after the day off.
CONTRACT PRICE AND PAYMENT PROCEDURE7.1. The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Website https://kievznak.com/ . The price of the Agreement is determined by adding up the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or product range.
7.3. The buyer can pay for the order in the following ways:
1) using a bank transfer of money to the Seller’s current account specified in the account, incl. using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service in the territory of Ukraine or in the territory of another country in accordance with the place of the goods order.
3) By credit card of the following type:
- Visa Electron
- Mastercard electronic
PRODUCT DELIVERY CONDITIONS8.1 The buyer receives the goods through delivery, or receives it personally. The order of payment and receipt is indicated on the corresponding page of the Website https://kievznak.com/ .
8.2. Upon delivery of the Goods to other cities of Ukraine or in the territory of another country carried out by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees to the Rules for the carriage of goods by these carrier companies.
8.3. The Buyer confirms the fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies with his own signature on the waybill, the declaration of the Carrier Company, or on the expense invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity indicated and paid by the Buyer, in completeness according to the specification of this Goods and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address indicated by the Buyer in the application or the Buyer refuses to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipment shopping center. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The rest of the amount is returned to the Buyer on the basis of his letter sent to e-mail: firstname.lastname@example.org indicating the current account to which the funds should be returned. All issues that arose in the process of payment and receipt of the Goods, the Buyer can find out by contact information in the Contacts section.
RETURN CONDITIONS9.1. In accordance with Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange Goods of good quality for fourteen days, not counting the day of purchase, if a longer period is not announced by the Seller. The buyer has the right to exchange the Goods subject to the provisions of the law on the grounds and list of Goods that are not subject to exchange (return).
9.2. In the event of the presence of at least one of the listed deficiencies, the Buyer is obligated to fix it in a free-form statement. The act must be signed by the Buyer and the person who delivered the goods or by the Seller. If possible, deficiencies should be recorded by means of photo or video. Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the Goods) about the identified shortcomings and agree on the replacement of the Goods by e-mail: email@example.com .
9.3. The parties agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer receives the Goods in good condition - without any mechanical damage and in full completeness.
RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian legislation.
10.2. In the event of disputes related to the fulfillment by the Parties of this Agreement, with the exception of disputes regarding the collection of debts from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. In disputes in connection with the collection of debts from the Buyer, compliance with the claims procedure is not required.
10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those related to its performance, violation, termination or invalidity, shall be resolved in the relevant court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJEURE11.1. The parties are not responsible for the failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure circumstances, that is, events or circumstances that really are beyond the control of such a party that occurred after the conclusion of this Agreement, Unpredictable and inevitable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, ice, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by government bodies (including allocations, priorities, official requirements, quotas and price controls) if these circumstances directly affected the execution of of this Agreement.
11.2. A party for which it has become impossible to fulfill obligations under this Agreement due to force majeure circumstances must immediately inform the other Party in writing of the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any period during which the performance was delayed due to the above circumstances.
11.4. If due to force majeure circumstances the failure to fulfill obligations under this Agreement continues for more than three months, each of the Parties shall have the right to terminate this Agreement unilaterally, having notified the other party in writing. Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties make final settlements.
OTHER TERMS AND CONDITIONS12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about the order of the Goods, sending advertising messages, etc.).
12.2. By own acceptance of the Agreement or registration on the Website https://kievznak.com/ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, for including for processing orders for the purchase of goods, receiving information about the order, sending telecommunication means of communication (e-mail, mobile communications) advertising and special offers, information about promotions, roses gryshi or any other information on the activities of the Website https://kievznak.com/ .
For the purposes provided for in this paragraph, the Buyer shall have the right to send letters, messages and materials to the Buyer's postal address, e-mail, as well as send SMS messages, make calls to the phone number specified in the questionnaire.
12.3. The buyer gives the right to process his personal data, including: put personal data in the database (without further notice), carry out lifelong storage of data, their accumulation, updating, change (as necessary). The seller undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transmission of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these purposes, as well as to a mandatory request from a competent state body).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement about the refusal to receive promotional materials, sending it to a mail or email address.
12.5. The seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing the order.