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Public Offer Agreement - Papa Nature
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Public offer agreement

PUBLIC CONTRACT (TEND)
to order, purchase, sale and delivery of goods

This agreement is an official and public offer of the individual entrepreneur Kharchenko Volodymyr Serhiyovych (hereinafter referred to as the “Seller”) to conclude a contract for the purchase and sale of the Goods presented on the website https://papanature.com.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. The Agreement is considered concluded from the moment of clicking the "Confirm Order" button on the order page in the "Cart" Section and the Buyer receiving an order confirmation from the Seller in electronic form.

1. Definition of terms
1.1. Public offer (hereinafter referred to as the "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract of purchase and sale of goods with the Seller remotely (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer.

1.2. Goods or Services – the object of the agreement between the parties, which was selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.2. Online store – the Seller's website at https://papanature.com.ua created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.

1.3. Buyer - a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.

1.4. Seller – Individual entrepreneur Kharchenko Volodymyr Serhiyovych, TIN 2999215459, single tax payer, not a VAT payer, who sells goods through the online store at https://papanature.com.ua

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 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 Buyer's request, the Agreement may be drawn up in writing.

3. Placing an Order

3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by e-mail or by phone number specified 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 suspicions about its validity.

3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. surname, first 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 number, and price of the Goods selected by the Buyer are indicated in the Buyer's basket on the Online Store website.

3.5. If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. In the event that the Buyer fails to provide the necessary information, 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.

3.6. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store website 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.

3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.

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 is informed (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of making 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 notifications from the Buyer for the purpose of fulfilling 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. All prices for the Goods are indicated in hryvnias and do not include value added tax (VAT), due to the fact that the Seller is not a VAT payer.

 

4.2. Prices for the Goods may be changed unilaterally by the Seller depending on market conditions. However, the price of a single unit of Goods, which has been paid in full by the Buyer, may not be changed unilaterally by the Seller.

 

4.3. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery, unless otherwise expressly stated when placing an order.

 

4.4. Delivery of the Goods is carried out by third-party delivery services (carriers) selected by the Buyer. The Seller does not provide transportation or delivery services for the Goods.

 

4.5. In the event that payment for delivery is made through the Seller, such payment is compensation for the Seller's costs of delivering the Goods by a third-party carrier, and not payment for delivery services.

 

4.6. The Seller may provide the Buyer with an estimated cost of delivery of the Goods in accordance with the carrier's tariffs. The final cost of delivery is determined by the carrier.

 

4.7. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received into the Seller's account.

 

4.8. Payments between the Seller and the Buyer are made by the methods specified on the website of the Online Store in the "Payment and Delivery" section.

 

4.9. Upon receipt of the Goods, the Buyer is obliged to check the conformity of the Goods with the quantitative and qualitative characteristics in the presence of a representative of the carrier.

 

4.10. The signature of the Buyer or his representative on the consignment note or other carrier document confirms the absence of claims to the quantity, appearance and completeness of the Goods.

 

4.11. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment the Seller transfers the Goods to the carrier selected by the Buyer, or from the moment the Buyer independently receives the Goods.


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:
5.2.1 Change the terms of this Agreement, as well as the prices for Goods and Services, unilaterally by posting them on the website of the Online Store. All changes shall 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 necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.


6. Return of Goods

6.1. 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 goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of 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 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 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 6.1. of the Agreement and the current legislation of Ukraine are met.

6.3. The cost of the goods is subject to refund by bank transfer to the Buyer's account.

6.5. 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.

6.6. 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 using or storing the Goods, actions of third parties or force majeure.

6.7. 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, at the Buyer's request, non-standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store.

6.8. Return of goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section.


7. Responsibility

7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.

7.2. 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.

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 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 arose regardless of the will of the Seller and / or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.



8. Confidentiality and protection of personal data.

8.1. By providing their personal data on the website of the Online Store during registration 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.

8.2. The Seller undertakes not to disclose 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 an agreement 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.

8.3. 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.

9. Other conditions
9.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
9.2. 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 seek resolution of the dispute in court in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make amendments to 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 consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.

10. Seller's details

Individual entrepreneur Kharchenko Volodymyr Serhiyovych

TIN: 2999215459

Location (legal address):

02068, Ukraine, Kyiv, Anna Akhmatova St., building 14b, apt. 421

Contact details:

Phone: 0973223842

Email: info@papanature.com.ua

Tax status:

Single tax payer, not a VAT payer

Bank details:

IBAN: UA443052990000026005016235975