Public Offer Agreement

PUBLIC CONTRACT (OFFER)

for ordering, purchasing, selling, and delivering goods (or providing services)

This contract is a public offer and is concluded between [Seller Name / Performer / Site Administration] (hereinafter — the "Seller") and any individual who orders goods/services through the website [Site Domain] or in another accessible way (hereinafter — the "Buyer"/"Customer").

The Buyer, acting for the purpose of purchasing the Product (or receiving the Service), accepts the terms of this contract in full.

1. Definition of Terms

1.1. Public Offer (Offer) — a public proposal of the Seller addressed to an indefinite circle of persons to conclude a contract for the purchase and sale of goods (or the provision of services) remotely on the terms set out in this Offer.

1.2. Product — any goods placed on the Site available for ordering and purchasing.

1.3. Service — any services that may be provided by the Seller/Performer and are described on the Site (if available).

1.4. Order — a properly executed application by the Buyer for the purchase of a Product (or receiving a Service), generated on the Site, by phone, through messengers, or other specified ways.

1.5. Acceptance — full and unconditional acceptance of the terms of the Offer by the Buyer by placing an Order and/or paying for the Product/Service.

2. General Provisions

2.1. The information posted on the Site is an official offer to conclude a contract for the purchase and sale of goods (or the provision of services). The contract is public, meaning its terms are the same for all Buyers.

2.2. In accordance with Article 642 of the Civil Code of Ukraine, Acceptance of this Offer is the fact of placing an Order and/or paying for the Product/Service.

2.3. By placing an Order, the Buyer confirms that they:

  • are familiar with the terms of this Offer;
  • agree with them in full;
  • the data provided by them is accurate.

2.4. The Seller has the right to change the terms of the Offer unilaterally by publishing an updated version on the Site. The new version takes effect from the moment of its publication.

2.5. The Seller is not responsible for the content and policies of third-party sites that links from the Site may lead to.

3. Product Price and Payment Procedure

3.1. The price of each Product item (or Service cost) is indicated on the Site or communicated to the Buyer during the Order process.

3.2. The Seller has the right to change prices unilaterally. In this case, the price of an already paid Order does not change.

3.3. If the price of the Product has changed after ordering but before confirmation/payment, the Seller notifies the Buyer, and the Buyer has the right to:

  • confirm the Order at the new price; or
  • cancel the Order.

3.4. Payment methods are indicated on the Site in the ["Payment and Delivery" / "Payment"] section or communicated to the Buyer during Order confirmation.

3.5. The Buyer's payment obligations are considered fulfilled from the moment the funds are received by the Seller.

4. Placing an Order

4.1. The Order is made by the Buyer through:

  • the form on the Site;
  • phone calls;
  • messengers/chat;
  • email or other channels indicated on the Site.

4.2. When placing an Order, the Buyer provides the data necessary for the execution of the order, in particular:

  • first and last name (or receiver's name);
  • contact phone number;
  • email (if necessary);
  • delivery address (in case of delivery).

4.3. The Seller has the right to request additional information necessary for the proper execution of the Order. In case of failure to provide the necessary data, the Seller does not guarantee the execution of the Order in full.

4.4. The Buyer is responsible for the accuracy of the information provided.

4.5. The contract is considered concluded from the moment of Acceptance (placing the Order and/or payment), and confirmation can be an electronic message, receipt, invoice, or other document.

5. Delivery and Transfer of Goods

5.1. Methods, terms, and cost of delivery are indicated on the Site in the ["Delivery and Payment"] section or communicated to the Buyer during Order confirmation.

5.2. Delivery can be carried out:

  • by the Seller's own forces; and/or
  • with the involvement of third parties (carriers/courier services).

5.3. Ownership and the risk of accidental loss/damage of the Product pass to the Buyer from the moment of actual transfer of the Product (receipt from the carrier/courier/at the pick-up point), unless otherwise provided by law.

5.4. Upon receipt of the Product, the Buyer is obliged to check the quantity, completeness, and external condition (if possible — in the presence of a delivery service representative).

5.5. The signature in the invoice/sales receipt confirms the absence of claims regarding the quantity, completeness, and appearance of the Product at the time of receipt.

6. Return and Exchange of Goods

6.1. The Buyer has the right to refuse the Product before its transfer, and after the transfer — in the manner and on the terms determined by the Law of Ukraine "On Protection of Consumer Rights".

6.2. Return/exchange of a Product of proper quality is possible provided that the commercial appearance, consumer properties, and documents confirming the fact of purchase (if available) are preserved.

6.3. Goods made to individual order or having individually determined properties may not be subject to return/exchange according to legislation.

6.4. The return procedure (address/contacts/shipping method) is indicated on the Site or provided to the Buyer upon request.

6.5. In case of return of a Product of proper quality, the Seller returns the funds for the Product, except for delivery/return costs, unless otherwise provided by law.

6.6. The period for returning funds is within [X] working days from the moment the Seller receives the returned Product and confirms the grounds for return.

7. Rights and Obligations of the Parties

7.1. The Seller undertakes to provide the Buyer with accurate information about the Product/Service and to execute the confirmed Order.

7.2. The Buyer undertakes to provide correct data necessary for the execution of the Order and to pay for the Product/Service in a timely manner (if provided by the terms).

7.3. The Seller has the right to refuse service/execution of the Order in cases of:

  • inability to contact the Buyer;
  • unavailability of the Product;
  • suspicion of fraudulent actions;
  • violation of the terms of this Offer by the Buyer.

8. Responsibility of the Parties

8.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Product.

8.2. The Seller is not responsible for failure or late performance of obligations in case the Buyer provides inaccurate information.

8.3. The parties bear responsibility according to the current legislation of Ukraine.

8.4. The parties are released from liability for failure to perform obligations in case of force majeure circumstances (war, emergencies, natural disasters, fires, communication/power outages, etc.). The party affected by force majeure notifies the other party within a reasonable time.

9. Personal Data

9.1. By placing an Order, the Buyer gives consent to the processing of personal data for the purpose of fulfilling the terms of this Contract, mutual settlements, and communication.

9.2. Processing of personal data is carried out in accordance with the Law of Ukraine "On Protection of Personal Data" and the Privacy Policy posted on the Site.

9.3. The Seller has the right to involve third parties (delivery services, payment services, technical contractors) within the scope necessary for the execution of the Order, without changing the purpose of personal data processing.

10. Final Provisions

10.1. This Contract is valid from the moment of Acceptance by the Buyer until the full fulfillment of obligations by the Parties.

10.2. All disputes are resolved through negotiations, and in case of failure to reach an agreement — in the manner provided by the legislation of Ukraine.

10.3. Seller's details (if necessary for invoicing/documents) are posted on the Site in the ["Contacts" / "Details"] section.

Seller's Details

[Name / FOP / TOV]
[Legal Address]
[EDRPOU/IPN]
[Bank Details]
[Contacts: phone / e-mail]