Public Offer
PUBLIC OFFER AGREEMENT FOR THE SALE OF GOODS
This agreement, addressed to the consumers, is the official and public offer of the Seller to conclude a purchase and sale agreement for the Goods, the subject and conditions of which are specified in the relevant section of the website https://www.uapatcher.com/.
The Consumer, acting with the intention to purchase the Goods, accepts the terms of this agreement (hereinafter - the Agreement) as follows:
1. General Provisions
1.1. This contract is a public offer agreement (in accordance with Articles 633, 641, and Chapter 54 of the Civil Code of Ukraine), and its terms are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur).
1.2. By accepting the terms of this contract, which is the Seller's public offer, a person becomes the Buyer.
1.3. By entering into the Agreement, the Buyer confirms that they are fully acquainted with and agree to its terms. In the case of the Buyer being an individual, they also give permission for the Seller to process their personal data for the purpose of fulfilling the terms of this Agreement, facilitating mutual settlements, and for the receipt of invoices, acts, and other documents. The permission to process personal data is valid for the entire term of this Agreement and for an unlimited period after its expiration. Additionally, by entering into this Agreement, the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection," the purposes of data collection, and that their personal data are transmitted to the Seller for the purpose of fulfilling the terms of this Agreement, facilitating mutual settlements, and for the receipt of 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 notice to the Buyer, without changing the purpose of personal data processing. The extent of the Buyer's rights as a subject of personal data under the Law of Ukraine "On Personal Data Protection" is known and understood by them.
2. Terms and Definitions
2.1. Seller - Individual Entrepreneur Bogdanov V. O., registered in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations on 07.11.2023, with registration number 2010350000000445151, taxpayer identification number (TIN) 3260820899, who sells goods on the website https://www.uapatcher.com/. The Seller is not a VAT payer.
2.2. Goods - a list of products published on the website of the online store https://www.uapatcher.com/, indicating the price, name, and description of the product. The product may also be accompanied by its image.
2.3. Buyer - a legally capable individual who has reached the age of eighteen, who 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 activities, or a legal entity / individual entrepreneur.
2.4. Order - a formalized request placed by the Buyer to purchase Goods, addressed to the Seller.
2.5. Website of the Online Store - a set of web pages accessible through a web browser and software modules combined into a single management system, located on the Internet at the address: https://www.uapatcher.com/.
2.6. Personal Account - a personalized section of the Buyer on the Seller's website, accessible to the Buyer, where their personal information and the history of their placed Orders are recorded.
3. Subject of the Contract
3.1. The Seller undertakes, in accordance with the terms and procedures defined by this agreement, to sell the Goods based on the Order placed by the Buyer on the website of the online store, and the Buyer undertakes, in accordance with the terms and procedures defined by this agreement, to purchase the Goods and pay for their cost.
3.2. The Seller guarantees that the Goods are not pledged, subject to disputes, under arrest, and that third parties do not have rights to it.
3.3. The Seller and the Buyer confirm that this contract is not fictitious, not a sham transaction, not a transaction made under the influence of violence or deceit.
3.4. The Seller confirms that he has all the necessary permits for conducting business activities regulating the legal relations arising and operating in the process of executing this contract, and guarantees that he has the right to manufacture and/or sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine. The Seller undertakes to be liable in case of violation of the Buyer's rights during the execution of this contract and the sale of the Goods.
3.5. The Buyer agrees to the terms of this contract when placing the Order by pressing the "Place an Order" button, which means the Buyer's confirmation of having read the text of this contract and agreement with its terms. Further, any objections from the Buyer regarding the provision of consent in this way will exempt the Seller from any liability for the non-performance of the terms of this contract and give the Seller the right to cancel the Order unilaterally.
4. Rules for working with the Internet store website:
4.1. The Buyer can view the content of the online store website, place orders, and use other services offered.
4.2. Registration is required for the Buyer to access personalized information and additional features on the online store website.
4.3. When registering, the Buyer provides the following information:
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- Full name
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- Phone number
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- Email address
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- Physical address
4.4. The Buyer commits to providing accurate and complete information about themselves. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration and when placing orders.
4.5. The Buyer agrees not to disclose the access parameters provided during registration to third parties. In case the Buyer suspects unauthorized use of these parameters by third parties, the Buyer must immediately notify the Seller by sending a message through the contact form on the website.
4.6. The Buyer is responsible for any actions taken on the online store website under their account and on their behalf.
4.7. The Seller reserves the right to refuse to process an order if there are reasons to believe that the Buyer has provided false information or in case of unethical behavior, such as a breach of the terms of this agreement.
4.8. It is prohibited to use the online store website for unlawful or prohibited activities. Buyers agree to comply with Ukrainian laws and rules of conduct on the Internet, including but not limited to: not posting extremist, pornographic, or other materials on the online store website that affect or demean the honor, dignity, or business reputation of third parties and violate generally accepted moral standards, as well as not posting advertising information without the Seller's permission.
5. Order processing procedure
5.1. The Buyer places an order on the online store website independently by adding selected items to the virtual shopping cart and clicking the "Buy" button.
5.2. Both registered Buyers and those who have not registered, including those using the phone number provided on the online store website, can place orders for products.
6. Price and Payment Procedure
6.1. The price of each individual Product is determined by the Seller and is specified on the Internet shop's website. The price of the Order is determined by adding the price of all the Products included in the Order and the delivery price, which equals the amount to be paid and is specified on the Internet shop's website when placing the Order at the time of its placement.
6.2. The contract price is equal to the price of the Order. The order amount may change depending on the price, quantity, or range of Products.
6.3. The Buyer makes payment for the Product according to the Order. The Buyer independently chooses one of the following payment methods:
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Cash payment
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Non-cash payment
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By using electronic payment systems
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Using payment terminals
6.4. Payment for the Services is made in the national currency of Ukraine.
6.5. An Order is considered paid from the moment the payment is received in the Seller's settlement account or by the Seller's representative. The fact of payment for the Order indicates the Buyer's agreement with the terms of this agreement.
6.6. Delivery of the Order by the Seller is carried out after full payment for the Product.
6.7. The price of the Product listed on the Internet shop's website may be unilaterally changed by the Seller. In this case, the price for the Product ordered by the Buyer remains unchanged.
6.8. Until the Buyer's funds are credited to the Seller's settlement account, the Product is not reserved. The Seller cannot guarantee the availability of the Seller's Product in the quantity indicated at the time of placing the Order, which may increase the processing time of the Order. In case of the need for a refund by the Seller to the Buyer, for the Seller to make a refund, the Buyer must provide the Seller with the details of the bank account to which the Seller is obligated to transfer the monetary funds.
7. Conditions of return
7.1. In case of an incorrect indication of the price of the ordered Goods by the Purchaser, the Seller promptly informs the Purchaser on the first occasion to confirm or cancel the Order. If it is impossible to contact the Purchaser, the said Order is automatically considered canceled. If the Order has been paid for, the Seller shall refund the amount paid for the Order to the Purchaser by transferring it to the Purchaser's account or by another acceptable method.
7.2. When placing an Order, the Purchaser agrees that they have the right to cancel the entire Order only and not its individual parts.
8. Responsibilities of the Seller
8.1. Provide truthful information about the Goods, their prices, and the terms of delivery.
8.2. Deliver the Goods in accordance with the conditions of the Order.
8.3. Guarantee that the quality of the Goods meets the quality requirements in Ukraine. Provide warranty obligations in accordance with the terms of this Agreement.
8.4. In case of a change in the delivery period, inform the Purchaser about the change in the delivery conditions. The Seller informs the Purchaser through telephone or electronic communication. If it is not possible to contact the Purchaser in cases of a breach of the last paragraph 4.4 of this Agreement, the Seller does not bear responsibility towards the Purchaser in accordance with the terms of this Agreement and the norms of the current legislation. Delivery times may change due to force majeure circumstances, including quarantine, regulatory documents of government and local authorities.
8. Responsibilities of the Seller
8.1. Provide accurate information about the Goods, their prices, and the conditions of Goods delivery.
8.2. Deliver the Goods in accordance with the conditions of the Order.
8.3. Guarantee that the quality of the Goods complies with the quality requirements in Ukraine. Ensure warranty commitments in accordance with the terms of this Agreement.
8.4. In case of changes in the delivery schedule, inform the Buyer about the changes in the delivery conditions. The Seller will notify the Buyer through telephone or electronic communication. If it is impossible to contact the Buyer due to the violation of paragraph 4.4 of this Agreement, the Seller does not bear any responsibility towards the Buyer in accordance with the terms of this Agreement and the provisions of the current legislation. Delivery times may be altered due to force majeure circumstances, including quarantine, and regulatory documents from government and local authorities.
9. Obligations of the Buyer
9.1. Provide the Seller with accurate, truthful, and correct information, including during registration on the Internet store's website.
9.2. Pay for the Goods according to the prices specified in the Orders.
9.3. When receiving an Order, conduct an external examination for any external packaging damage. In case there are no external damages to the packaging, sign the delivery receipt (invoice, receipt, register, etc.) to acknowledge the receipt of the Order. In the presence of a delivery service representative, open the external packaging to check the contents' integrity and the presence of any external damages.
9.4. In case of any claims, require the delivery service representative to prepare an Act of External Examination and an Act of Acceptance and Transfer in three copies. The Act of External Examination should describe damages to the external packaging, and the Act of Acceptance and Transfer should describe all damages to the individual packaging of the Goods.
9.5. In case the Seller delivers the Goods with violations of the Order's terms regarding quantity, assortment, completeness, packaging, and/or packaging of the Goods, notify the Seller of these violations no later than 5 (five) calendar days after the purchase (receipt). In this case, the Goods should be returned in its original condition, with the preservation of consumer properties and all labels, seals, etc.
9.6. Provide accurate passport data to be able to collect the Order at the courier company's office and personally appear with an ID.
10. Customer's Rights
10.1. Demand a refund for the Goods in case the Seller cannot fulfill the Order's conditions.
10.2. Make changes to the Order before its payment.
10.3. Refuse to perform the contract before the delivery of the Goods, provided that the Seller is reimbursed for the transportation expenses incurred in connection with the actions related to the execution of this contract.
10.4. In case of complaints about the quality of the Goods, present them within the specified timeframes and in accordance with the Law of Ukraine "On Consumer Rights Protection."
11. Liability of the Parties
11.1. The Seller is not liable for any damage caused to the Customer as a result of the improper use of the Goods ordered on the Internet store's website.
11.2. The Seller is not responsible for improper or untimely fulfillment of Orders and its obligations under this Agreement in the event of the Customer providing false or erroneous information.
11.3. The Seller and the Customer are responsible for the performance of their obligations under this Agreement in accordance with the current legislation of Ukraine.
12. Confidentiality and Personal Data Protection
12.1. When registering on the Internet store's website, the Customer provides personal and contact information as specified in section 4.3 of this Agreement, but not limited to it.
12.2. By providing their personal data on the Internet store's website during registration or order placement, the Customer voluntarily consents to the processing and use (including transmission) of their personal data without limitation as to the duration of such consent.
12.3. The Seller uses the obtained personal data for providing services specified in this Agreement and for promoting services provided by the Seller, including through automated processing of personal data.
12.4. The Seller undertakes not to disclose the information received from the Customer. It is not considered a violation for the Seller to provide information to agents and third parties acting under an agreement with the Seller, including for the performance of obligations to the Customer, as well as in cases where the disclosure of such information is required by law.
12.5. The Customer is responsible for maintaining their personal data up to date. The Seller is not responsible for the inadequate performance or non-performance of its obligations due to outdated or inaccurate information about the Customer.
13. Force Majeure Circumstances
13.1. The Parties shall be released from liability for complete or partial non-performance or improper performance of the obligations specified in this Agreement if it occurs due to the action of force majeure circumstances.
13.2. Force majeure circumstances in this Agreement should be understood as any circumstances of an external nature, which are beyond the control of the Parties, arise without the fault of the Parties, against their will or desire, and which could neither be foreseen nor avoided. These circumstances include natural disasters (earthquakes, floods, hurricanes, lightning strikes, etc.), quarantine, pandemic, man-made and anthropogenic disasters (explosions, fires, etc.), societal events (wars, civil unrest, epidemics, strikes, boycotts, etc.), as well as the issuance of acts by state authorities or local self-government, and other measures of these bodies that prevent the Parties from fulfilling their obligations under this Agreement or hinder such fulfillment, etc.
13.3. A Party that is unable to properly fulfill its obligations under this Agreement due to the action of force majeure circumstances must inform the other Party in writing about the existing obstacles and their impact on the performance of obligations under this Agreement.
13.4. If force majeure circumstances persist for 3 (three) consecutive months and show no signs of abating, this Agreement can be terminated by the Customer or the Contractor by sending a written notice to the other Party.
13.5. The existence of force majeure circumstances must be confirmed by a certificate from the Ukrainian Chamber of Commerce and Industry or its authorized regional chambers of commerce.
14. Information Notifications
14.1. By registering on the Internet store's website, the Customer agrees to receive informational notifications from the Seller and its partners, acting under an agreement with the Seller, through short message services (SMS) and electronic mail.
14.2. At any moment, the Customer has the right to opt out of receiving such notifications by sending a message through the feedback form on the page https://uapatcher.com/.
15. Rules for Using Materials Posted on the Internet Store's Website
15.1. The Internet Store's website contains materials, trademarks for goods and services, brand names, and other legally protected materials, including but not limited to, texts, photographs, graphic images, music, and audio works.
15.2. All content on the Internet Store's website is protected by Ukrainian law.
15.3. The Customer is not allowed to use the materials posted on the Internet Store's website, including making changes, publishing, transmitting to third parties, participating in sales or transfers, creating derivative works, and so on.
16. Other Terms
16.1. This agreement is made within the territory of Ukraine and is subject to the laws of Ukraine.
16.2. The invalidity of any provision or part of this agreement does not affect the validity of the agreement as a whole.
16.3. Any disputes arising between the Buyer and the Seller shall be resolved through negotiations. In the event that a resolution of the dispute cannot be reached, the Buyer or the Seller may seek resolution through the judicial authorities in accordance with the current legislation.
16.4. The Seller reserves the right to make changes to the text of this agreement at their discretion at any time and without prior notice to the Buyers. The current (effective) version of the agreement is always available on the Internet shop's website.
16.5. The absence of a signed paper copy of this agreement, with the signatures of the parties, in the event of actual payment by the Buyer, does not constitute a basis for declaring this Agreement not concluded. Making a payment in accordance with a placed order on the Internet shop's website is considered as the Buyer's acceptance (in accordance with Article 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment when the Agreement takes effect.
16.6. In the event of any claims, the Consumer should contact the Seller's Customer Support Service by phone at (093) 747-43-03 or through the contact form on the page.