Public Offer

Attention! Please read the Offer listed below on this page. The use of this online store website, filling out forms and applications, including ordering goods or services, means that you agree to the terms of the Offer specified below.

PUBLIC CONTRACT (OFFER)

for the order, purchase, and sale of goods

This contract is an official and public offer of the Seller to conclude a contract for the purchase and sale of Goods presented on the website www.vnedorognik.ua. This contract is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its conditions 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 Contract, the buyer fully accepts the terms and procedures for placing an order, paying for the goods, delivering the goods, returning the goods, liability for a bad faith order, and all other terms of the contract.

The contract is considered concluded from the moment of clicking the "Confirm Order" button on the checkout page in the "Cart" section and the Buyer receiving an electronic order confirmation from the Seller.

1. Definition of Terms

1.1. Public offer (hereinafter – the «Offer») – a public proposal of the Seller, addressed to an indefinite circle of persons, to conclude a distance contract for the sale and purchase of goods with the Seller (hereinafter – the «Contract») on the terms contained in this Offer.

1.2. Goods or Services – the object of the transaction 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.

1.3. Online Store – the Seller's website at www.vnedorognik.ua, created to conclude retail and wholesale purchase and sale contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.

1.4. Buyer – a legally capable individual who has reached the age of 18, receiving information from the Seller, placing an order for the purchase of goods presented on the Online Store website, for purposes not related to business activities, or a legal entity or individual entrepreneur.

1.5. Seller – Sole Proprietor (FOP) Zbihlei Oleksandr Volodymyrovych, EDRPOU code 3115416830, location: Vinnytsia region, Tyvriv district, Hnivan, Y. Mudroho st., bld. 29, apt. 16.

2. Subject of the Contract

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 Contract.

2.2. The date of conclusion of the Offer Contract (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is considered the date the Buyer fills out the order form posted on the Online Store website, provided the Buyer receives an electronic order confirmation from the Seller.

If necessary, at the Buyer's request, the Contract can be executed in writing.

3. Order Placement

3.1. The Buyer independently places an order in the Online Store via the "Cart" form or places an order by e-mail or by the 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 doubts about its authenticity.

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

3.3.1. Last name, first name of the Buyer;

3.3.2. Address to which the Goods must be delivered (if delivery is 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 cart on the Online Store website.

3.5. If one of the Parties to the contract requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service 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.

3.7. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data in the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the operator, data about the Buyer is entered into the Seller's database.

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

3.9. By concluding the Contract, i.e., accepting the terms of this proposal by placing an Order, the Buyer confirms the following:

a) The Buyer is fully acquainted with and agrees to the terms of this proposal (offer);

b) Gives consent to the collection, processing, and transfer of personal data. Permission to process personal data is valid for the entire term of the Contract, as well as for an unlimited period after its expiration.

In addition, by concluding the contract, the Buyer confirms that they have been notified (without additional notice) of their rights established by the Law of Ukraine "On Personal Data Protection," of the purposes of data collection, and that their personal data is transferred to the Seller to fulfill the terms of this Contract, make mutual settlements, and receive invoices, acts, and other documents.

The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notifications to the Buyer in order to fulfill the 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 them.

4. Price and Delivery of Goods

4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services are indicated on the site in UAH including VAT.

4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a specific unit of Goods paid for by the Buyer in full cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods specified on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer according to the current tariffs of delivery services (carriers) directly to the delivery service (carrier) selected by them.

4.4. The cost of the Goods specified on the Online Store website does not include the cost of delivering the Goods to the Buyer's address.

4.5. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer's address upon the Buyer's request sent to the Seller via email or when placing an order through the Online Store operator.

4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds arrive in the Seller's account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out in the ways specified on the Online Store website in the "Payment" section.

4.8. Upon receiving the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify the conformity of the Goods with quality and quantitative characteristics (product name, quantity, completeness, expiration date).

4.9. The Buyer or their representative, upon receiving the Goods, confirms by signing the sales receipt / order / transport waybill that they have no claims regarding the quantity of the goods, appearance, and completeness of the goods.

4.10. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment the Buyer receives the Goods at the delivery location during independent delivery from the Seller or at the time the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.

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 Contract and the Buyer's order.

5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and in the process of fulfilling the Buyer's order.

5.2. The Seller has the right to:

5.2.1. Unilaterally change the terms of this Contract, as well as prices for Goods and services, by posting them on the Online Store website. All changes take effect from the moment of publication.

5.3. The Buyer is obliged to:

5.3.1. Before concluding the Contract, familiarize themselves with the content of the Contract, its terms, and prices offered by the Seller on the Online Store website.

5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that unambiguously identifies them as the Buyer and is sufficient for delivering the ordered Goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return non-food items of adequate quality to the Seller if the goods did not satisfy them in shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose.

The Buyer has the right to return goods of adequate quality within 14 (fourteen) days, not including the day of purchase.

The return of goods of adequate quality is possible if they have not been used and their trade dress, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for the payment of the Goods, are preserved.

The list of goods that cannot be returned on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.

6.2. A refund to the Buyer for the value of goods of adequate quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, provided the requirements established in clause 6.1 of the Contract and current legislation of Ukraine are met.

6.3. The cost of the goods is to be refunded via bank transfer to the Buyer's account.

6.4. The return of Goods of adequate quality to the Seller's address is carried out at the Buyer's expense and is not subject to reimbursement by the Seller.

6.5. If defects in the Goods are detected within the established warranty period, the Buyer has the right, in the manner and within the timeframes established by Ukrainian legislation, to present the Seller with the claims provided for by the Law of Ukraine "On Protection of Consumer Rights".

When presenting a claim for the free elimination of defects, the period for their elimination is calculated from the date the Seller receives the Goods at their disposal and gains physical access to such Goods.

6.6. Consideration of claims provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided the Buyer has the documents required by the current legislation of Ukraine.

The Seller is not responsible for defects in the Goods that arose after they were transferred 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.

6.7. The Buyer does not have the right to refuse goods of adequate quality that have individually defined properties if the specified goods can only be used by the Buyer who purchased them (including custom dimensions, characteristics, appearance, configuration, etc., manufactured at the Buyer's request).

Confirmation that the product has individually defined properties is the difference in product sizes and other characteristics specified in the online store.

6.8. The return of goods, in cases provided for by law and this Contract, is carried out at the address indicated on the website in the "Contacts" section.

7. Liability

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

7.2. The Seller is not responsible for improper or untimely fulfillment of Orders and their obligations in case 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 Contract.

7.4. The Seller or the Buyer is released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances, such as war or hostilities, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or Buyer after the conclusion of this Contract.

The Party that cannot fulfill its obligations must immediately notify the other Party.

8. Confidentiality and Protection of Personal Data

8.1. By providing their personal data on the Online Store website 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 committing 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 the information received from the Buyer. Providing information by the Seller 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 disclosure of such information is required by the current legislation of Ukraine, is not considered a violation.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor-quality fulfillment or non-fulfillment of its obligations in connection with the irrelevance of information about the Buyer or its discrepancy with reality.

9. Other Conditions

9.1. This contract 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 are resolved through negotiations. In case of failure to settle a dispute through negotiations, the Buyer and/or the Seller have the right to apply to judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to unilaterally make changes to this Contract, as provided in clause 5.2.1. of the Contract. Additionally, changes to the Contract may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

ADDRESS AND REQUISITES OF THE SELLER:

Sole Proprietor (FOP) Zbihlei Oleksandr Volodymyrovych
Vinnytsia region, Tyvriv district, Hnivan,
Y. Mudroho st., bld. 29, apt. 16
EDRPOU: 3115416830
MFO: 305299
Tel.: +38 (097) 8042148