Public offer
- GENERAL PROVISIONS
- This Public Offer Agreement (hereinafter referred to as the “Agreement”) is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the Site.https://www.iamukrainian.ua/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 concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an Order, paying for the Goods, delivering the Goods, returning the Goods, liability for an unscrupulous order, and all other terms of the Agreement.
- This Agreement is considered concluded from the moment of acceptance (acceptance) by the Buyer of its terms by placing an Order on the Site. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.
- This Agreement shall enter into force from the moment of its posting on the Internet on the Site. This Agreement is indefinite and may be amended or revoked by the Seller at any time (prior to its acceptance by the Buyer) by posting relevant information on the Site.
- DEFINITION OF TERMS
- Public offer- a public offer of the Seller, which is posted on the Site, addressed to an unspecified circle of persons, to conclude a contract of sale of the Goods with the Seller in accordance with the procedure and conditions specified in this Agreement
- Acceptance– acceptance by the Buyer of the Seller's offer to purchase the Goods, the image and description of which are posted on the Site, by placing an Order.
- Website–website athttps://www.iamukrainian.ua/, through which the Buyer has the opportunity to order the Goods.
- Goods– a list of material objects placed on the Site for the purpose of its further sale, indicating the name, price, description of characteristics and information on availability.
- Order– a properly executed and posted on the Site application of the Buyer, addressed to the Seller for the purchase and delivery of the Goods to the address specified by the Buyer.
- Seller– Individual entrepreneur Ulybin Yulian Alexandrovich.
- Buyer– a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase the Goods presented on the Site for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.
- SUBJECT OF THE CONTRACT
- 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.
- This Agreement regulates the purchase and sale of Goods, including:
- voluntary choice by the Buyer of the Goods on the Site;
- independent placement of the Order by the Buyer on the Site;
- payment by the Buyer of the Order placed on the Site;
- processing and delivery of the order to the Buyer in ownership under the terms of this Agreement.
- The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and that there are no third party rights to them.
- The Seller confirms that it has all necessary permits to carry out economic activities that regulate the scope of legal relations that arise and operate in the process of performing this Agreement, and also guarantees that it has the right to sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine.
- Photos of the Product may differ slightly from the actual appearance of the Product, due to the peculiarities of color reproduction and shades of different devices used to view the Site.
- ORDERING PROCEDURE
- The Buyer independently places an order on the Site through the "Cart" form.
- If the Goods ordered by the Buyer are not in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order/cancel the Buyer's Order by notifying the Buyer by phone or by sending a corresponding e-mail to the address specified by the Buyer during registration, or in another way.
- If the Product is unavailable, the Buyer has the right to replace it with a similar Product, refuse this Product, or cancel the Order.
- When placing an Order on the Site, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the Order:
- last name, first name of the Buyer;
- the address to which the Goods should be delivered (if delivery to the Buyer's address);
- contact phone number;
- identification code for a legal entity or individual entrepreneur.
- The Buyer is responsible for the accuracy of the information provided when placing an Order.
- The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's basket on the Site.
- 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:
b) he gives permission to collect, process and transfer 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 concluding the Agreement, the Buyer confirms that he has been informed (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 personal data are transferred to the Seller in order to be able to fulfill the terms of this Agreement, to be able to make mutual settlements, as well as 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 notice from the Buyer for the purpose of fulfilling the Buyer's Order. The scope of the Buyer's rights as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.- PRICE AND DELIVERY OF GOODS
- The price of each individual Product is determined by the Seller independently and is indicated on the Site. The Order Price is determined by adding the price of all Products included in the Order, which is equal to the amount payable, which is indicated on the Site when placing the Order at the time of its placement.
- The Contract Price is equal to the Order Price. The Order Amount may vary depending on the price, quantity or nomenclature of the Goods.
- Prices for the Goods may be changed unilaterally by the Seller depending on market conditions. However, the price of a single unit of Goods, the cost of which has been paid in full by the Buyer, may not be changed unilaterally by the Seller.
- The cost of the Goods indicated on the Site does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivering the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
- The cost of the Goods indicated on the Site does not include the cost of delivering the Goods to the Buyer's address.
- The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds into his account.
- Payments between the Seller and the Buyer for the Goods are made using payment systems such as PayPal or other similar payment services that provide secure financial transactions. The Buyer is solely responsible for the correctness of the payment data provided when making the payment. All fees that may be charged by payment systems are paid by the Buyer in accordance with the rules of the selected payment system.
- Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
- The Buyer or his representative, upon receipt of the Goods, confirms by his signature on the goods receipt/or in the order/or in the shipping bill for the delivery of the Goods that he has no complaints about the quantity of the Goods, the appearance and completeness of the Goods.
- Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment the Buyer receives the Goods at the place of delivery of the Goods upon independent delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- The seller is obliged to:
- Fulfill the Buyer's Order upon receipt of the full amount of the last payment.
- To transfer to the Buyer the Goods of proper quality in accordance with the selected sample on the relevant page of the Site, the completed Order and the terms of this Agreement, and to provide information about the Goods.
- The seller has the right:
- Change the price of the Goods placed on the Site unilaterally.
- Suspend the fulfillment of its obligations in the event of the Buyer's violation of the terms of this Agreement.
- The buyer is obliged to:
- Pay for and receive the Order on time under the terms of this Agreement.
- Get acquainted with the information about the Product posted on the Site.
- Upon receipt of the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the packaging. In case of damage or incompleteness of the Goods, record them in a report, which must be signed by the person who delivered them to the Buyer together with the Buyer.
- Bear full responsibility for providing false information, which resulted in the inability of the Seller to properly fulfill its obligations to the Buyer.
- The buyer has the right:
- Require the Seller to fulfill the terms of this Agreement.
- Place an order for any Product placed on the Site.
- Return the Goods under the conditions specified in Section 7 of this Agreement.
- To receive from the Seller complete, reliable, timely information about the Product, as well as the rules for its operation.
- The seller is obliged to:
- RETURN OF GOODS
- The Buyer has the right to return to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return the goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of the goods of proper quality is carried out if it was not used and if its presentation, consumer properties, packaging, seals, labels, as well as the settlement 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 paragraph is approved by the Cabinet of Ministers of Ukraine.
- The Buyer shall be refunded the cost of the Goods of proper quality within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, provided that the requirements stipulated in clause 7.1. of the Agreement and the current legislation of Ukraine are met.
- The cost of the Goods is subject to refund by bank transfer to the Buyer's account.
- The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
- In the event of defects in the Goods being discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights". When presenting requirements for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
- Consideration of the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller, provided that the Buyer provides documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its 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.
- The Buyer does not have the right to refuse Goods of proper quality that have individually defined properties, if the specified Goods can be used exclusively by the Buyer who purchased it (including non-standard dimensions, characteristics, appearance, equipment, etc. at the Buyer's request).Confirmation that the Product has individually defined properties is the difference in the dimensions of the Product and other characteristics indicated on the Site.
- RESPONSIBILITY OF THE PARTIES
- The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.
- 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.
- The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or the Buyer after the conclusion of this Agreement.A Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.
- CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
- By providing their personal data on the Site when registering or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection", without limiting the validity period of such consent.
- The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
- The Buyer is responsible for keeping his/her personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the outdated or inaccurate information about the Buyer.
- OTHER CONDITIONS
- All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the courts for resolution of the dispute in accordance with the current legislation of Ukraine.
- GENERAL PROVISIONS
- a) The Buyer is fully and completely familiar with and agrees with the terms of this proposal (offer);