Public Offer Agreement

This Agreement is a public agreement - a public offer agreement, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all customers regardless of status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing the order, payment for the goods, delivery of the goods.

This Agreement is an agreement between the online store "plastic-equipment.com.ua" (hereinafter referred to as "Seller") and any legal entity, individual entrepreneur or individual, user of the services of the online store, hereinafter referred to as " Buyer ”(hereinafter referred to as the“ Buyer ”), which includes all essential conditions for organizing the sale and purchase by remote method (ie via the online store).

The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated May 12, 1991, the Rules for Retail Trade of Non-Food Products, approved by Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.

This agreement is in the nature of a public offer, is equivalent to an “oral agreement” and, in accordance with the current legislation of Ukraine, has the appropriate legal force.

1. General Provisions

1.1. This contract is a public offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential conditions for organizing the sale and purchase by remote means, that is, through the online store.

1.2. In accordance with Art. 642 of the Civil Code of Ukraine complete and unquestioning acceptance of the terms of a public contract, that is, the public offer of an online store, is the fact that you click on the link “Checkout” and pay for the order in the amount of 100% under the terms of this agreement.

1.3. The public offer is also accepted when registering the Buyer on the website of the online store.

1.4. By entering into the Agreement, the Buyer confirms that he is fully acquainted and agrees with its terms, and also if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the conditions of this Agreement, the possibility of mutual settlements, and for receiving bills, acts and other documents. Permission to process personal data is valid for the entire duration of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data" about the purposes of data collection. The scope of the rights of the Buyer, as a subject of personal data in accordance with the Law of Ukraine “On the protection of personal data”, is known and understandable to him.

2. Terms and definitions

2.1. “Online Store” is the seller’s website (“plastic-equipment.com.ua”) created for entering into retail and wholesale sales contracts based on the Buyer's familiarization with the Seller’s description of the Product in photographs via the Internet, which excludes the possibility of direct familiarization Buyer with the product - the remote method of selling goods.

2.2. "Product" - a list of items of the range, presented in the online store.

2.3. “Personal data” is any information directly or indirectly related to a particular person, or to a person who is determined.

2.4. "A significant shortage of goods" is a deficiency that makes it impossible or unacceptable to use the goods in accordance with its intended purpose, has arisen through the fault of the manufacturer (seller); :

a) it cannot be eliminated at all;

b) its elimination requires more than fourteen calendar days;

c) he makes the goods substantially different from that stipulated by the contract.

3. Subject of the contract

3.1. The online store undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay and accept the Goods under the terms of this Agreement.

3.2. This contract governs the sale and purchase of an online store, including:

a) the Buyer's voluntary choice of goods in the online store by category;

b) self-registration by the Buyer of the order on the website in the online store;

c) payment by the Buyer of the order issued in the online store;

d) fulfillment and transfer of the order to the Buyer in ownership under the terms of this Agreement.

4. Ordering procedure

4.1. The buyer independently makes an order online in the online store or by means of telephone means of communication using the contacts indicated in the online store.

5. Cost and Payment Procedure

5.1. The full cost of the Goods is indicated on the pages of the Seller’s online store.

5.2. Prices for goods and services may vary depending on market conditions, which affects the prices in the online store. The Seller cannot change the price for a specific Buyer, if he has already accepted the conditions of the Seller and has paid for the goods (services) in accordance with the procedure established by this Agreement.

5.3. The buyer pays the order within 2 working days (in the amount of 100% prepayment) using a bank transfer of money to the current account of the Seller specified in the invoice, incl. using internet banking.

6. Delivery of the order

6.1. Shipment of the Goods to the Buyer occurs after the Buyer receives 100% payment on the invoice.

6.2. Delivery and return of the Goods is carried out by the seller or the transport company (carrier) at the expense of the Buyer. The total delivery time may not exceed 10 days.

6.3. The cost of delivery in the online store is not specified, as it depends on the current tariffs of the transport company (carrier).

6.4. When ordering bulk batches, delivery times and delivery methods are agreed separately in each specific case.

6.5. The seller is not responsible for the delivery time of the order, as it depends on the actions of third parties (carriers).

6.6. Payment of the cost of delivery is carried out by the Buyer to the Carrier Company independently, upon receipt of the Goods. The exact shipping cost is determined by the carrier company.

7. Return of goods of good quality.

7.1. The buyer has the right to exchange the Good quality product for the same from the seller from whom it was purchased, if the goods did not satisfy him in form, size, style, color, size or for other reasons he could not be used for the intended purpose under the following conditions:

A) the item for exchange is provided to the Seller within not more than 14 (fourteen) days, not counting the day of purchase;

B) a product can be replaced if it has never been in operation, does not contain traces of use, and if its presentation, consumer properties, seals, labels, films are preserved, the integrity of the packaging of the product itself and its components is not compromised;

C) the product does not contain scratches, chips, scuffs, fully functional;

D) preserved the full completeness of the goods sold;

E) the goods may be replaced upon presentation by the Buyer of the settlement document issued to the Buyer together with the goods sold.

7.1.1. Requirements 7.1. do not apply to goods that, in accordance with Annex No. 3 to the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine“ On Protection of Consumer Rights ”, are included in the List of Good Quality Goods Not Subject to Exchange (Returned)

7.2. If the product does not meet the conditions specified in paragraphs. A) - E) clause 7.1., The Seller has the right to refuse to exchange the goods.

6.2. Delivery and return of the Goods is carried out by the seller or the transport company (carrier) at the expense of the Buyer. The total delivery time may not exceed 10 days.

6.3. The cost of delivery in the online store is not specified, as it depends on the current tariffs of the transport company (carrier).

6.4. When ordering bulk batches, delivery times and delivery methods are agreed separately in each specific case.

6.5. The seller is not responsible for the delivery time of the order, as it depends on the actions of third parties (carriers).

6.6. Payment of the cost of delivery is carried out by the Buyer to the Carrier Company independently, upon receipt of the Goods. The exact shipping cost is determined by the carrier company.

7. Return of goods of good quality.

7.1. The buyer has the right to exchange the Good quality product for the same from the seller from whom it was purchased, if the goods did not satisfy him in form, size, style, color, size or for other reasons he could not be used for the intended purpose under the following conditions:

A) the item for exchange is provided to the Seller within not more than 14 (fourteen) days, not counting the day of purchase;

B) a product can be replaced if it has never been in operation, does not contain traces of use, and if its presentation, consumer properties, seals, labels, films are preserved, the integrity of the packaging of the product itself and its components is not compromised;

C) the product does not contain scratches, chips, scuffs, fully functional;

D) preserved the full completeness of the goods sold;

E) the goods may be replaced upon presentation by the Buyer of the settlement document issued to the Buyer together with the goods sold.

7.1.1. Requirements 7.1. do not apply to goods that, in accordance with Annex No. 3 to the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 No. 172 “On the Implementation of Certain Provisions of the Law of Ukraine“ On Protection of Consumer Rights ”, are included in the List of Good Quality Goods Not Subject to Exchange (Returned)

7.2. If the product does not meet the conditions specified in paragraphs. A) - E) clause 7.1., The Seller has the right to refuse to exchange the goods.

9. Procedure for receiving goods by the Buyer

9.1. Upon receipt of the Goods at the carrier’s warehouse, from the courier or seller, the buyer is obliged to check the external integrity of the package, then open it and directly verify that the Goods are in good condition (no mechanical damage) and are complete.

9.2. In the case of at least one of those listed in paragraph 9.1. Contract of deficiencies, the Buyer is obliged to fix it in the drafted statement of arbitrary form. The act must be signed by the Buyer and an employee of the Carrier or Seller. Within 1 (one) day from the date of signing of the Act, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the Goods) about the identified deficiencies and agree on the replacement of the Goods.

9.3. The parties agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer receives the Goods in proper condition - without any mechanical damage and in full.

9.4. If, during the established warranty period (expiration date), significant deficiencies that have arisen due to the fault of the manufacturer of the Goods (seller), or falsification of the Goods, confirmed by the conclusion of the examination, are discovered, the Buyer, in the manner and within the terms established by the warranty obligations of the manufacturer of the Goods, subject to the conditions The contract offer may, at its option, require the Seller:

9.4.1. termination of the contract and return of the sum of money paid for the Goods;

9.4.2. replacement of the Goods for the same Goods or similar ones from the ones available to the Seller.

9.5. In this case, when the Seller confirms the material defects of the Goods and the Buyer’s will, the money paid is refundable to the latter on the details specified by him within 7 (seven) calendar days upon the return of the goods.

9.6. In cases of replacement of low-quality goods, the carrier services are paid by the seller.

9.7. In any case, the return of the goods must take place in the original packaging in which the product was received, while preserving the presentation and consumer qualities of the goods.

9.8. All unresolved issues related to the procedure, conditions of warranty repair or replacement of the Goods upon detection of deficiencies during the warranty period (validity) are regulated in accordance with the warranty obligations determined by the manufacturer of the relevant Goods, and if the manufacturer fails to establish such warranty obligations - in accordance with the current legislation of Ukraine.

10. Responsibilities of the parties

10.1. The Parties are responsible for the failure or improper performance of the terms of this Agreement in the manner provided for in this Agreement and the current legislation of Ukraine.

10.2. In the event of force majeure, the parties are exempt from the conditions of this Agreement. Under the circumstances of force majeure for the purposes of this Treaty shall be understood events having an extraordinary, unavoidable, unpredictable nature, which exclude or objectively impede the execution of this Treaty, the occurrence of which the Parties could not have foreseen and prevented by reasonable measures.

10.3. The party referring to the action of force majeure must, within five calendar days, notify the other party in writing by e-mail of the occurrence of such circumstances.

10.4. If due to the circumstances of force majeure non-fulfillment of obligations under this Agreement lasts more than five months, each Party shall have the right to terminate this Agreement unilaterally by notifying the other party in writing.

10.5. The parties make maximum efforts to resolve any differences only through negotiations.

11. Other conditions

11.1. The online store reserves the right to unilaterally make changes to this Agreement with its preliminary publication on the website plastic-equipment.com.ua.

11.2. The online store was created to organize a remote way to sell goods via the Internet.

11.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.

11.4. The buyer is responsible for the accuracy of the information specified when ordering.

11.5. Buyer's payment of an order placed at the online store means that the Buyer fully agrees with the terms and conditions of the Purchase Agreement (the public offer of the Online Store) and is the date of the conclusion of the Purchase Agreement between the Seller and the Buyer.

11.6. The use of the online store resource for viewing the Goods as well as for placing an order is gratuitous for the Buyer.

11.7. Information provided by the Buyer is confidential. The online store uses the information about the Buyer solely for the purpose of functioning of the Online Store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.)

11.8. By personal acceptance of the Agreement or by registering on the website “shop.ogorodnik.ua” (filling in the registration form), the Buyer voluntarily consents to the collection and processing of personal data in the Seller’s registered database “Counterparties” with the following purpose: data that becomes known to the Seller will be used for commercial purposes, including the processing of orders for the purchase of goods, obtaining information about the order, the transfer of telecommunication means of communication (via e-mail, mobile communication) ad Awesome and special offers and information about promotions, sweepstakes or any other information about the activities of the store. For the purposes stipulated by this paragraph, the Seller has the right to send letters, messages and materials to the postal address, e-mail address of the Buyer, as well as send sms-messages, make calls to the number indicated in the questionnaire.

11.9. The Buyer gives the seller the right to process his personal data, including: placing personal data in the Buyer's databases (without notifying the Participant about this), carrying out lifelong storage of data, their accumulation, updating, changing (as necessary). The Buyer undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for transferring data to related parties, commercial partners, persons authorized by the Seller to directly process data for specified purposes, as well as to a mandatory request of a competent government body).

11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, having written a letter of refusal to receive advertising materials, sending it to a postal or email address.

12. Duration of this Agreement

12.1. This Agreement shall enter into force from the date of placing the order or registering with the online store plastic-equipment.com.ua and is valid until all the conditions of the agreement are fulfilled.