Public offer agreement
Version of [publication date].
This document is a public offer by [full name of the seller: sole proprietor or company], [registration or tax number] (the "Seller"), to conclude a distance sale contract on the terms below, under Articles 633 and 641 of the Civil Code of Ukraine and the Law of Ukraine "On Electronic Commerce".
1. Terms
- Seller: the person named in section 11 who sells goods through the Website.
- Buyer: a person or company placing an Order on the Website or by phone.
- Website: the Seller's online shop at [website address].
- Goods: goods whose description and price are published on the Website.
- Order: the Buyer's request to buy Goods, placed on the Website or by phone.
2. Conclusion of the contract
2.1. The contract is concluded once the Buyer has placed an Order on the Website or by phone and the Seller has confirmed it. Placing an Order means full and unconditional acceptance of these terms.
2.2. The contract is concluded electronically and has the same legal force as one made in writing.
2.3. The Seller may change these terms by publishing a new version on the Website. An Order placed earlier is governed by the version in force when it was placed.
3. Subject of the contract
The Seller undertakes to transfer the Goods of the Order into the Buyer's ownership, and the Buyer undertakes to accept and pay for them on these terms.
4. Orders
4.1. The Buyer places an Order on the Website or by phone at [phone]. The Buyer is responsible for the accuracy of the details given: name, phone, delivery address.
4.2. After an Order is placed, the Seller sends a confirmation by email or contacts the Buyer to clarify the details.
4.3. If the Goods are out of stock, the Seller informs the Buyer and offers a replacement, waiting for the delivery of the Goods, or cancelling the Order. Money paid for missing Goods is refunded in full.
5. Price and payment
5.1. Prices on the Website are in hryvnias. The price of the Goods in an Order is fixed when the Order is placed and does not change after confirmation.
5.2. Payment methods are described on the Payment page. When paying in instalments or on credit, the money is provided by a bank under its own agreement with the Buyer; the Seller is not a party to that agreement.
5.3. Delivery is not included in the price of the Goods unless the Website says otherwise, and is paid at the carrier's rates.
6. Delivery and receipt
6.1. Delivery methods and times are described on the Delivery page. Delivery times are estimates and depend on the carrier.
6.2. Ownership and the risk of accidental loss of or damage to the Goods pass to the Buyer when the Goods are received.
6.3. On receipt the Buyer checks the quantity, completeness and appearance of the Goods in the presence of the carrier's representative. Damage to the packaging or the Goods is recorded in a report on the spot.
7. Returns and exchanges
7.1. The Buyer may return or exchange Goods of proper quality within 14 days of receipt if they have not been used and keep their appearance, properties, seals, labels and the proof of purchase. This does not apply to goods on the list approved by the Cabinet of Ministers of Ukraine.
7.2. If the Goods are defective, the Buyer has the rights provided by the consumer protection legislation of Ukraine: to require free repair, replacement with the same goods, a proportionate price reduction or a refund.
7.3. To return Goods, the Buyer contacts the Seller using the details in section 11. Money is refunded within [number] days of the Seller receiving the Goods, in the way the payment was made unless the parties agree on another way.
7.4. The Buyer pays for shipping Goods of proper quality back. The Seller pays for returning defective Goods.
8. Warranty
The warranty period is set by the manufacturer and stated on the warranty card or in the description of the Goods. Warranty service follows the manufacturer's terms and the legislation of Ukraine.
9. Liability
9.1. The parties are liable for failing to perform this contract, or performing it improperly, under the legislation of Ukraine.
9.2. The parties are released from liability for failures caused by force majeure that they could neither foresee nor prevent.
9.3. Colours in product photos may differ slightly from the real ones because of screen settings. Such a difference is not a defect.
10. Personal data and disputes
10.1. By placing an Order the Buyer agrees to the processing of their personal data under the Personal data processing and protection policy.
10.2. Disputes are settled by negotiation and, failing agreement, in the manner established by the legislation of Ukraine.
11. Seller's details
[Full name of the seller]
Registration or tax number: [number]
Address: [registered address]
Phone: [phone]
Email: [email]