Public Offer Agreement

1. Definition of terms

  1. For the purposes of this public contract (offer) of sale and purchase, the terms listed below shall have the following meanings:
    • Agreement — a public purchase and sale agreement set out below, which provides for the sale of Goods to an unlimited number of Buyers by means of remote communication (the Internet) through the Ukraїner Store online shop, located on the website: https://store.ukrainer.net. The terms of this public contract of sale are the same for all Buyers, except for those who are granted relevant privileges by law.
    • Goods — non-food consumer goods (printed products, clothing, accessories, etc.) that are offered for sale under the terms of this Agreement via remote communication (the Internet) in the Ukraїner Store online shop. 
    • Seller — Ukraїner Store online shop, located on the website: https://store.ukrainer.net/en/. The location and contact details of the Seller are specified in the ‘Contacts’ section on the website: https://store.ukrainer.net/en/ of the Ukraїner Store online shop https://store.ukrainer.net/en/contact
    • The Buyer is any legally capable person who, in accordance with the procedure provided for in this Agreement, has voluntarily accepted all of its terms and conditions without exception.
    • Recipient of Goods — any legally capable person designated by the Buyer in the relevant Order for Goods as the recipient of the Goods.
    • Sale — seasonal or any other types of sales of Goods offered for sale in the Ukraїner Store online shop.
    • Promotional Offer — offers in which the Seller offers Buyers to purchase several Goods or a combination thereof at once, and also offers Buyers, in the event of purchasing a specific Good specified by the Seller, to purchase another Good specified by the Seller at a reduced price.
  2. For the purposes of this Agreement, all terms specified in clause 1 of this Agreement shall be used exclusively in the meaning specified in clause 1 of the Agreement, regardless of whether these terms are used in the singular or plural, or in other grammatical forms, cases and/or constructions.
  3. All other terms not specifically defined in this Agreement shall be understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, customary business practices, as well as the purpose and subject matter of this Agreement.

2. Subject matter of the Agreement 

  1. In accordance with the procedure and on the terms established by this Agreement, the Seller shall sell and transfer ownership of the Goods, and the Buyer shall accept the terms of this Agreement and pay for the Goods in accordance with the procedure and on the terms established by this Agreement.
  2. Ownership of the Goods shall pass to the Buyer upon delivery (transfer) of the Goods to the Buyer by the delivery service and under the condition that the Buyer has paid the full cost of the Goods in accordance with the procedure and terms established by this Agreement.

3. Selection of goods and procedure for concluding a contract

  1. The Buyer independently and at their own discretion selects the Goods available and offered for sale in the Ukraїner Store online shop, clicks the ‘Add to cart’ button and independently fills in and sends the Seller the ‘Order’ form, in which, in particular, they must indicate their surname, first name, contact telephone number, e-mail address and desired place of delivery of the Goods.
  2. After filling out the ‘Order’ form, the Buyer must carefully read all the terms and conditions of this Agreement, and, if they accept these terms and conditions in full, tick the box ‘I have read and agree to the terms of the site: terms and conditions.’ and click the ‘Place order’ button, which is considered to be the Buyer’s submission of the relevant order for the selected Goods.
  3. The contract shall be deemed concluded, and the Seller’s proposal to conclude this Agreement (offer) shall be deemed fully accepted (accepted) by the Buyer from the moment the Buyer clicks the ‘Place order’ button on the website https://store.ukrainer.net/en/ of the Ukraїner Store online shop and pays for the Goods in accordance with the order.
  4. By clicking on the ‘Place Order’ button and paying for the Goods in accordance with the order, the Buyer confirms their full and complete agreement with all the terms and conditions of the Agreement without exception, including the terms and conditions regarding delivery and payment for the Goods at the prices indicated on the website https://store.ukrainer.net/en/ of the Ukraїner Store online shop on the date of conclusion of the Agreement by the Buyer.
  5. By clicking on the ‘Place Order’ button and paying for the Goods in accordance with the order, the Buyer confirms that he has been duly notified by the Seller in accordance with the requirements of Part 2 of Article 13 of the Law of Ukraine ‘On Protection of Consumer Rights’ about:
    • full name, identification code, location, operating hours, email address of the Seller; 
    • the main characteristics and consumer properties of the Goods selected by the Buyer; 
    • the cost of the Goods selected by the Buyer, including all taxes and fees, as well as the cost of delivery to the Buyer; 
    • method, procedure and terms of payment and delivery of the Goods selected by the Buyer; 
    • the Seller’s warranty obligations and other services related to the maintenance or repair of the Goods selected by the Buyer (if any); 
    • the warranty period and service life of the Goods selected by the Buyer, mandatory conditions for use of the Goods and possible consequences in case of non-compliance (if any); 
    • procedure for accepting claims; 
    • period for accepting the proposal (offer) to conclude this public Agreement; 
    • procedure for termination of this Agreement; 
    • other conditions under which the Goods are offered for sale. 
  6. By clicking on the ‘Place Order’ button and paying for the Goods in accordance with the order, the Buyer confirms that he has received all the necessary, available, reliable and timely information about the Goods they have selected, which has fully ensured the possibility of making an informed and competent choice of these Goods.
  7. The processing and arranging period for an order for Goods sent by the Seller and paid for in full by the Buyer is up to 7 (seven) working days from the date of placing and paying for the order by the Buyer in accordance with the procedure established in clauses 3.1-3.3 of this Agreement. If the specified Order for the Goods was placed by the Buyer on a weekend or public holiday, the processing and arranging period for this Order for the Goods shall commence on the first working day after the weekend or public holiday.

4. Rights and obligations of the Buyer

  1. The Buyer has the right to:
    • require the Seller to fully and properly perform the terms of the Agreement; 
    • refuse to accept and pay for poor-quality or incomplete Goods or Goods that do not correspond to the order placed for these Goods; 
    • place an order for the Goods in accordance with the terms of this Agreement; 
    • create an account and receive information about orders placed by them, order status, cancel unpaid orders, make changes to unpaid orders, make changes to their personal data; 
    • to withdraw from the Agreement in cases provided for by the current legislation of Ukraine; 
    • terminate the Agreement in accordance with the procedure and in the cases provided for by the Agreement and the current legislation of Ukraine; 
    • in the event of termination or withdrawal from the Agreement, demand that the Seller refund the money paid for the Goods on the grounds specified in the legislation; 
    • exercise other rights provided for by the Agreement and the norms of the current legislation of Ukraine. 
  2. The Buyer is obliged to:
    • properly and fully perform all their obligations under the Agreement; 
    • Prior to concluding the Agreement, carefully review its content and terms and conditions, as well as familiarise themselves with the cost of the Goods offered for sale in the Ukraїner Store online shop, the methods and procedure for payment, and the cost and methods of delivery of the Goods on the website: https://store.ukrainer.net of the Ukraїner Store online shop https://store.ukrainer.net/en/shipping-and-payment/#h-shipping; 
    • accept the ordered high-quality and complete Goods in accordance with the procedure and on the terms established by the Agreement; 
    • pay for the cost of the ordered Goods; 
    • during the warranty period, keep the relevant payment document (receipt, sales or cash register receipt) confirming the sale (transfer) of the Goods; 
    • perform other duties stipulated by the Agreement and the norms of the current legislation of Ukraine.

5. Rights and obligations of the Seller

  1. The Seller has the right to:
    • hold Sales and offer Promotional Offers, which provide a temporary opportunity to purchase Goods on more favourable terms than usual; 
    • exercise other rights provided for by the Agreement and the norms of the current legislation of Ukraine.  
  2. The Seller is obliged to:
    • properly and fully perform all of their obligations under the Agreement; 
    • provide the Buyer with complete and accurate information about the Goods and their cost by posting this information on the website: https://store.ukrainer.net/en/ of the Ukraїner Store online shop; 
    • provide the Buyer with complete and accurate information about the cost and methods of delivery of the Goods by posting this information on the website: https://store.ukrainer.net of the Ukraїner Store online shop https://store.ukrainer.net/en/shipping-en; 
    • within the time limits, in the manner and on the terms established by the Agreement, ensure delivery of the Goods ordered by the Buyer to the place specified by the Buyer and in the manner chosen by the Buyer in the relevant order for the Goods;
    • within the time limits, in the manner and on the terms established by this Agreement, ensure the transfer (delivery) to the Buyer or the Recipient of the Goods of high-quality and complete Goods ordered by the Buyer in proper packaging;
    • in the event of termination or refusal of the Agreement by the Buyer due to the inadequate quality of the Goods, to refund the funds paid for the Goods within the time limits, in the manner and on the terms established by the Agreement;
    • perform other duties stipulated by the Agreement and the norms of the current legislation of Ukraine.

6. Cost of goods and payment procedure

  1. The cost of goods offered for sale in the Ukraїner Store online shop is listed on the website: https://store.ukrainer.net of the Ukraїner Store online shop and is set in accordance with the procedure provided for by the current legislation of Ukraine.
  2. The cost of goods offered for sale in the Ukraїner Store online shop includes all taxes, fees and any other mandatory payments, including non-taxable ones.
  3. The Seller has the right to hold Sales. In this case, the Seller must additionally indicate the following information on the website https://store.ukrainer.net of the Ukraїner Store online shop (an integral part of this Agreement): which groups of Goods are put up for sale; the regular price of the Goods offered for sale and their price during the Sale period; the period of the Sale.
  4. The Seller has the right to offer Promotional Offers. In this case, the Seller must additionally indicate the following information on the website: https://store.ukrainer.net of the Ukraїner Store online shop (an integral part of this Agreement): the content and cost of the Promotional Offer, and in the case of an offer to purchase several Goods or a combination thereof for a single price — the cost of such Goods for each separately; the terms and conditions for accepting the Promotional Offer, in particular the deadline for its acceptance, as well as any restrictions on its acceptance, including restrictions on the quantity of Goods offered for purchase under such conditions.
  5. The cost of the Goods ordered by the Buyer in each application is equal to the cost of these Goods specified on the website: https://store.ukrainer.net of the Ukraїner Store online shop on the date of conclusion of this Agreement by this Buyer (acceptance by this Buyer of the Seller’s offer), taking into account the reduction in the usual cost of these Goods due to the Promotional Offers and/or Sales introduced by the Seller, if any, at the time of conclusion of this Agreement by the Buyer).
  6. From the moment the Buyer concludes this Agreement (acceptance by the Buyer of the Seller’s offer), the Seller shall not have the right in any way and under any circumstances to change or in any other way revise the cost of the Goods ordered and paid for by the Buyer.
  7. Payment for goods is made on the website: https://store.ukrainer.net of the Ukraїner Store online shop using a Visa/MasterCard card via the LiqPay payment system.
  8. Failure by the Buyer to fulfil their obligations to pay for the Goods ordered by them shall be considered a unilateral refusal by the Buyer to conclude the Agreement in full, resulting in the Seller having no obligations to sell the Goods as provided for in this Agreement.
  9. All payments under this Agreement shall be made exclusively in the national currency of Ukraine.

7. Quality of the goods, warranty obligations

  1. The Seller undertakes to transfer to the Buyer the Goods ordered by them of proper quality, suitable for use for the purpose for which such Goods are normally used.
  2. The quality of the Goods must comply with the requirements established for this category of Goods in the relevant regulatory acts and normative documents.
  3. If defects in the purchased Goods and/or significant defects in the Goods are discovered during the warranty period, the Buyer has the right to make claims in accordance with Article 8 of the Law of Ukraine ‘On Protection of Consumer Rights’.

8. Exchange (replacement) of goods

  1. The Buyer has the right within 14 (fourteen) working days from the date of receipt of the ordered Goods of proper quality (not counting the day of receipt of the Goods) to exchange these Goods for other similar Goods from the Seller if the received Goods did not satisfy the Buyer in terms of form, dimensions, style, colour, size or for other reasons, or the Goods cannot be used by the Buyer for their intended purpose.
  2. Goods of proper quality may be exchanged if they have not been used and if their marketable appearance, consumer properties, seals and labels have been preserved.
  3. Returns or exchanges (replacements) of Goods of proper quality apply to Goods such as T-shirts, sweatshirts, hoodies, and bags that have not been used and provided that their marketable appearance, consumer properties, seals, labels, and the payment document issued to the Buyer along with the purchased Goods have been preserved.
  4. According to the Resolution of the Cabinet of Ministers of Ukraine ‘On the Implementation of Certain Provisions of the Law of Ukraine ’On Consumer Protection” dated 19 March 1994 No. 172, such products of proper quality as printed publications and hosiery products are not subject to return.
  5. The exchange (replacement) of Goods of proper quality shall be carried out by the Seller:
    • based on a written request from the Buyer sent to the Seller;
    • upon presentation by the Buyer of a relevant payment document in the established form (receipt, sales or cash register receipt) confirming the sale of the Goods to the Buyer, with a note of the date of sale (date of transfer) of the Goods.
  6. The exchange (replacement) of Goods with significant defects shall be carried out by the Seller:
    • based on a written request from the Buyer sent to the Seller;
    • upon presentation by the Buyer of a relevant payment document in the established form (receipt, sales or cash register receipt) confirming the sale of the Goods to the Buyer, with a note of the date of sale (date of transfer) of the Goods;
    • immediately, provided that the Seller has the Goods in stock, but in any case no later than 14 (fourteen) business days from the date of receipt of the Buyer’s request.
  7. In case, at the time of the Buyer’s request to the Seller to exchange (replace) the Goods of proper quality for other similar Goods required by the Buyer, such Goods are not available for sale in the Ukraїner Store online shop, the Buyer shall have the right to:
    • exchange the purchased Goods for any other Goods available for sale in the Ukraїner Store online shop with a corresponding recalculation of the cost of the Goods in accordance with the current legislation of Ukraine;
    • or terminate this Agreement in accordance with the procedure set forth in Section 9 of this Agreement;
    • or exchange the received Goods for other similar Goods as soon as they become available for sale in the Ukraїner Store online shop. In this case, the Seller undertakes to notify the Buyer on the day such Goods become available for sale.
  8. In the event of an exchange by the Buyer of Goods of proper quality, the Buyer shall return the Goods to the Seller’s address, delivered at the Buyer’s expense.
  9. In the event of a return or exchange (replacement) of Goods with significant defects, the Buyer shall return the Goods to the Seller’s address, delivered at the Seller’s expense.
  10. Refunds of funds paid by the Buyer for the Goods/reimbursement of expenses for eliminating defects in the Goods, in the event of termination of the Agreement, shall be made by the Seller:
    • based on a written request from the Buyer sent to the Seller; 
    • upon presentation by the Buyer of a relevant payment document in the established form (receipt, sales or cash register receipt) confirming the sale of the Goods to the Buyer, with a note of the date of sale (date of transfer) of the Goods;
    • provided that there are documents confirming the expenses incurred by the Buyer to eliminate the defects of the Goods (in case of claims for reimbursement of such expenses).
  11. The Seller shall refund the Buyer for the funds paid for the Goods/reimburse the costs of eliminating defects in the Goods by transferring the corresponding amount of funds to the account opened by the Buyer at a bank, including the card account specified by the Buyer in their request.
  12. The Seller shall refund the funds paid by the Buyer for the Goods provided that the Buyer returns such Goods in accordance with the procedure set forth in this Agreement.
  13. The refund of funds paid by the Buyer for the Goods/reimbursement of expenses for eliminating defects in the Goods shall be made by the Seller no later than 7 (seven) banking days from the date of receiving the request from the Buyer.
  14. When the Buyer exchanges Goods of proper quality and exchanges (replaces) Goods with significant defects for other Goods, the Seller shall conduct settlements with the Buyer in accordance with the procedure provided for in this Agreement and the Law of Ukraine ‘On Protection of Consumer Rights’.

9. Seller’s liability and dispute resolution procedure

  1. The Parties shall be liable for breach of their obligations under this Agreement in accordance with the applicable laws of Ukraine.
  2. The Seller shall be exempt from liability for full or partial failure to perform its obligations under this Agreement if such failure was caused by force majeure circumstances.
  3. All disputes and disagreements arising between the Buyer and the Seller regarding the exercise of their rights and the fulfilment of their obligations under this Agreement shall be resolved through negotiations.

10. Other terms and conditions

  1. This Agreement is a public agreement (offer) for the sale and purchase of Goods, concluded in electronic form remotely using means of remote communication (the Internet) through the Ukraїner Store online shop.
  2. The Seller may withdraw or amend the terms and conditions of the offer to conclude this public Agreement, as well as amend the terms and conditions of this public Agreement at any time.
  3. Withdrawal or amendment of the terms of the offer to conclude this public Agreement, as well as amendment of the terms of this public Agreement, shall not constitute grounds for:
    • any revision or amendment of the terms and conditions or termination of contracts already concluded by the Seller with the Buyers under the terms of this public Agreement;
    • the Seller’s refusal to fulfil the obligations assumed under contracts already concluded with the Buyers under the terms of this public Agreement.
  4. The collection and processing of personal data provided or collected about the Buyer in the process of placing an order is carried out in accordance with the Law of Ukraine ‘On the Protection of Personal Data’ and in accordance with the Privacy Policy.
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