PUBLIC CONTRACT (OFFER)
for the order, sale and delivery of goods
This agreement is an official and public offer by the Seller to enter into a contract for the sale of the Goods presented on the arhleb.com.ua website. This agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions and the procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for a bad faith order and all other terms of the Agreement. The Agreement shall be deemed concluded from the moment the Buyer clicks the "Confirm Order" button on the checkout page in the "Basket" section and receives an order confirmation from the Seller in electronic form.
1. Definition of terms
1.1. Public Offer (hereinafter referred to as the "Offer") is a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods remotely with the Seller (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer.
1.2. Goods or Service - the object of the parties' agreement, which was selected by the Buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store - the Seller's website at www. arhleb.com.ua created for the conclusion of retail and wholesale sales contracts on the basis of the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to the implementation of entrepreneurial activities, or a legal entity or individual entrepreneur.
1.5. Seller - Kutsarev F. S. Village (farm) (identification code 22493291) is a legal entity established and operating in accordance with the current legislation of Ukraine, located at: Novo-Ivanivka village, Artsyz district, Odesa region.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of filling out the order form by the Buyer located on the website of the online store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3. Ordering the Order
3.1. The buyer independently places an order in the online store through the "Shopping Cart" form, or by placing an order by e-mail or by phone number indicated in the contacts section of the online store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises suspicion about their validity.
3.3 When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. surname, name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact phone number.
3.3.4. identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the website of the online store.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the website of the online store or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
а) The Buyer is fully and completely familiarized and agrees with the terms of this offer (offer);
b) he/she authorizes the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Buyer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
4. Price and Delivery of the Goods
4.1 The prices for the Goods and services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for the Goods and Services are indicated on the website in UAH including VAT.
4.2 Prices for the 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 Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost 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 pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Goods indicated on the website of the online store does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer addresses the Seller with a request by sending an e-mail or when placing 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 the Seller receives funds to its account.
4.7. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the website of the online store in the section "Payment and Delivery".
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.9. Upon acceptance of the Goods, the Buyer or his/her representative shall confirm with his/her signature in the sales receipt/ or in the order/ or in the waybill for the delivery of goods that he/she has no claims to the quantity of the goods, appearance and completeness of the goods.
4.10. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon independent delivery of the Goods from the Seller, or upon transfer of the goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5. Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 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.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.
6. Return of the Goods
6.1. The Buyer has the right to return to the Seller non-food goods of good quality if the goods do not satisfy him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose. The buyer has the right to return the goods of good quality within 14 (fourteen) days, excluding the day of purchase. Good quality goods shall be returned if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The Buyer shall be refunded the cost of the Goods of good quality within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements provided for in clause 6.1. of the Agreement, the current legislation of Ukraine.
6.3. The cost of the goods shall be refunded by bank transfer to the Buyer's account.
6.4. The return of the Goods of good quality to the Seller's address shall be made at the Buyer's expense and shall not be reimbursed by the Seller to the Buyer.
6.5. In case of detection of defects in the Goods 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 submit to the Seller the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights". In case of claims for free elimination of defects, the period for their elimination shall be calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.6. Consideration of the requirements provided for by the Law of Ukraine "On Consumer Protection" is carried out by the Seller, provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer shall not be entitled to refuse the goods of good quality with individually defined properties if the said goods can be used exclusively by the Buyer who purchased them (including at the Buyer's request, non-standard sizes, characteristics, appearance, equipment, etc.) Confirmation of the fact that the goods have individually defined properties is the difference in the size of the goods and other characteristics specified in the online store.
6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section
7. Responsibility
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as war or hostilities, earthquake, flood, fire and other natural disasters that have arisen regardless of the will 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 thereof.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection", without limiting the validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9. Other terms and conditions
9.1 This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller shall have the right to amend this Agreement unilaterally as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.