Public Offer Agreement
This agreement, in which one party, private entrepreneur Olha Shliakhtych, tax payer registration card number: 2 071 000 0000 028591 (hereinafter, the “Seller”), on one side, and any person who took (accepted) this offer (hereinafter, the “Buyer”), on the other side, hereinafter collectively, the “Parties”, have entered into this agreement (the “Agreement”), addressed to the public, that constitutes the Seller’s public offer to make an agreement on sale and purchase of the Products which information and/or photos are posted in the appropriate section of the site samopal.international. The Seller and the Buyers, as they purchase the Products which information and/or photos are posted in the appropriate section of the Website samopal.international, accept the terms and conditions of this Agreement as follows.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer shall be documented in the Public Offer Agreement. Clicking on a selected item on the site web-resource page samopal.international, whereby the Buyer can make an order by clicking on the button BUY, and making the order by adding Products to the virtual basket and clicking on the button «I agree with the terms & conditions», means that the Buyer, regardless of their status (an individual, legal entity, or individual business), has, in accordance with applicable Ukrainian legislation, accepted to meet the terms and conditions of the Public Offer Agreement as detailed below.
1.2. The Public Offer Agreement is public, that is, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms and conditions are equal for all Buyers regardless of their status (an individual, legal entity, or individual business). If they fully agree with this Agreement, a Buyer accepts the terms of and procedure for ordering, payment, and delivery of goods by the Seller and liability for bad faith Order and mon-performance under this Agreement.
1.3. This Agreement shall become valid once the button «I agree with the terms & conditions» is clicked on.
2. TERMS AND DEFINITIONS
«Public Offer Agreement» means the standard form agreement, which sample is posted on the Website samopal.international, that contains Seller’s offer to purchase the Product, informed and/or imaged on the Website, and is addressed to an undefined group of persons, including Buyers.
«Acceptance» means the taking by the Buyer of the Seller’s offer to purchase the Product, imaged on the Website, by adding the same to the virtual basket and sending the Order.
«Product» means an article of merchandise the Seller’s offer to purchase which is posted on the Website, namely: a produce, model, accessory, components and related items, or any other articles of merchandise.
«Buyer» means any capable/competent individual, legal entity, or individual business in accordance with applicable Ukrainian legislation who have visited the Website samopal.international and wish to purchase any of the Products.
«Seller» means the individual business in accordance with applicable Ukrainian legislation who is the owners or distributors of and wish to sell the Products by using the Website.
«Order» means the duly filled out and posted on the Website Buyer’s Product purchase order that is addressed to the Seller.
«Legislation» means applicable Ukrainian legislation that may be applied to the legal relations associated with and/or arising out of the performance of the obligations as described herein.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, subject to the terms and in the manner set forth in this Agreement, to sell the Product basing on the Order made by the Buyer on the appropriate page of the Website samopal.international, and the Buyer undertakes, subject to the terms and in the manner set forth herein, to buy and pay money for the Product.
3.2. The Seller warrants that the Product is: not pledged, free from litigation, and not attached and that there are no third-party rights for the same.
3.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or sham arrangement made under pressure or by deceit.
3.4. The Seller confirms that it has all requisite business permits that govern the area of legal relations arising and operating in the course of performance under this Agreement and warrants that it is entitled to manufacture and/or sell the product without any restrictions and according to the requirements of applicable Ukrainian legislation and undertakes to be liable in the event of violating the Buyer’s rights while performing hereunder and selling the Product.
4. SELLER’S RIGHTS AND OBLIGATIONS
4.1. The Seller shall:
• meet the terms and conditions of this Agreement;
• fulfil the Buyer’s order if the payment from the Buyer is received;
• transfer the Product to the Buyer in accordance with the sample selected on the relevant page of the Website samopal.international, placed Order, and the terms of this Agreement; and
• check the quality and quantity parameters of the Product when packed at the warehouse;
4.2. The Seller may:
• unilaterally suspend the provision of services hereunder if the Buyer breaches the terms of this Agreement.
5. BUYER’S RIGHTS AND OBLIGATIONS
5.1. The Buyer shall:
• fill out all required personal data for ordering, including their Country, City surname, name, and patronymic, electronic mail, Branch of Nova Poshta or Ukrposhta (for international shipments), and contact telephone number;
• timely pay for and receive the ordered item on the terms of this Agreement;
• review the Product information as posted on the Seller’s website.
5.3. The Buyer may:
• make an order on the appropriate page of the Website samopal.international;
• require that the Seller meets the terms and conditions of this Agreement.
6. ORDERING PROCEDURE
6.1. The Buyer shall independently make an Order on the relevant page of the Website samopal.international by adding the Products to the virtual basket by way of clicking on the button BUY.
6.2. The Buyer will receive a confirmation email shortly after placing an order which confirms that the Buyer’s order will be processed.
7. PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE
7.1. The price of each specific Product shall be set by the Seller and indicated in the relevant page of the Website samopal.international. The price of the Agreement shall be identified by adding the prices of all selected Products, placed into the virtual basket.
7.2. The Order price may vary subject to product price, quantity, or range.
7.3. The Buyer pays for the goods online by credit card (VISA or MasterCard) and may be subject to payment service provider fees. The bank is responsible for keeping records and security of your personal data. A transaction is considered to be made upon crediting of funds in the amount of the goods’ price to the seller’s account. The Seller’s obligation to fulfill the terms of this Agreement arises after full payment of the value of the Product s ordered.
7.4. The seller maintains an online catalogue of the goods and has the right to change the information on the website (description of the goods, prices, etc.) at any time without additional notice to the third parties or customers. The seller may not apply any changes to the information about the goods after the customer has placed and order and made payment. If the goods chosen from the website and paid by Buyer are unavailable, the seller notifies the customer, which may choose other goods (through additional payment or partial refund) or receive a full refund from the seller.
8. PRODUCT DELIVERY TERMS
8.1 All other Products the Buyer shall receive by way of its delivery that is provided Delivery Services Nova Poshta LLC or USEP Ukrposhta (hereinafter, the “Carriers”). The payment and receipt procedures are posted on the relevant page of the Website samopal.international.
8.2. Shipping within Ukraine is carried out by Nova Poshta LLC, international shipments are carried out by USEP Ukrposhta. The seller provides Products to the carrier (Nova Poshta LLC or USEP Ukrposhta) within three business days from the date of receipt of payment subject to their availability.Estimated delivery time within Ukraine is 1 to 5 business days, international delivery time varies depending on the customer’s region, approximately from 10 to 25 working days.
8.3. If delivery is made by the Carriers, the Buyer shall fully and irrevocably agree with such Carriers’ Shipping Rules.
8.4. The Buyer shall confirm the receipt of the product and no claims with respect to the quality of the product delivered by the Carriers with its signature on the waybill, Carrier’s declaration, or issue slip when receiving the product. In its turn, the Seller warrants the product shipment to the Carrier of such quantity as specified and paid by the Buyer, in a package according to such product specification, and in the appropriate (operable) condition and of appropriate quality.
8.5. In the event that the Buyer is absent at the delivery address specified by the Buyer in the order or the Buyer refuses to accept the Product without valid reasons, if the product is delivered by Carrier’s deliveryman, such product shall be returned to the shipping sales center.
8.6 The Carrier’s services shall be paid at the Buyer’s own cost.Payment for delivery within Ukraine is carried out by the Buyer upon receipt. Payment for international delivery is carried out on the website according to the USEP Ukrposhta rates.
9. CONDITIONS OF PRODUCT’S RETURN
9.1. Upon receipt of the Products at the warehouse of the carrier, the Buyer is obliged to check the external integrity of the package, after which open it and directly check the proper external condition of the Products (absence of mechanical damages) and its completeness.
9.2. In the case of at least one of the above defects, the Buyer is obliged to fix it in a written act of any form. The deed must be signed by the Buyer and the person who delivered the Products. Where possible, the defects should be fixed by means of photo or video.Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the Products) of the defects found and agree to replace the Goods.
9.3. The Parties have agreed that in case of non-compliance with the required requirements of the said procedure, the Buyer shall receive the Products in proper condition – without any mechanical damages and in full completeness.
9.4. If product appears to be of the wrong size or poor quality as a result of manufacturing defect, the Buyer has the right to return it or exchange it for a similar product of fine quality, if one is stock available. Exchange demands are satisfied within 14 business days period since the delivery date.
9.5. The product must be in the state in which it was purchased: in the original packaging towards with the purchase documents. The product must be free of use.
9.6. The Buyer is obliged to provide a photocopy of the identity card in accordance with the legislation of Ukraine together with the form for the return of the Products. To return the money by transferring to a bank card, you must enter the registration number of the taxpayer’s accounting card.
9.7. The warranty period for goods meets the requirements of the legislation of Ukraine.
9.8. The Seller is not responsible for the defects of the Product and the right to refuse the goods does not apply if the goods have mechanical damages, which were not declared to the carrier upon receipt of the parcel.
9.9. According to the Law of Ukraine “On Consumer Rights Protection” (Revision from 01/01/2019, base 2628-VIII), Article 13. Consumer right in the case of a distance contract: goods of the appropriate quality made under an individual can not be refunded and exchanged. The Seller is not responsible for the correspondence of the sizes of the goods to the specified by Buyer in the order. In order to avoid possible errors when specifying dimensions by the Buyer — it is meant to provide the necessary data in standard units (cm — centimeters).
10. LIABILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
10.1. The Parties shall be liable for nonperformance or improper performance under this Agreement as detailed in this Agreement and applicable Ukrainian legislation.
10.2. If any disputes over performance by the Parties under this Agreement other than disputes related to the collection of Buyer’s debt arise, the Parties undertake to settle them by way of negotiations and using the complaint procedure. The period for reviewing a complaint shall be seven (7) calendar days from the date of its receipt. With respect to disputes related to the collection of Buyer’s debt, no complaint procedure needs are followed.
10.3. All disputes, differences, or claims arising out or in connection with this Agreement, including with respect to its performance, breach, termination, or invalidity, shall be settled through the appropriate court in accordance with Ukrainian substantive and procedural law.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be liable for nonperformance of any of its obligations, other than payment obligations if they prove that such nonperformance results from the force majeure circumstances, that’s, any events or circumstances that are actually beyond such Party’s control, occur after making this Agreement, and are of unforeseen and unpreventable nature.The force majeure circumstances shall include, but shall not be limited to, acts of God, strikes, fires, floods, explosions, frosting, wars (both declared and undeclared), insurrections, perishing of goods, carrier delays caused by accidents or unfavorable weather conditions, perils of the sea, embargos, accidents, and restrictions imposed by government authorities (including distribution, priorities, official requirements, quotas, and price control), if such circumstances directly affect the performance under this Agreement.
11.2. The Party, which becomes prevented from performing its obligations hereunder due to occurrence of the force majeure circumstances, shall promptly notify the other party in writing about the occurrence of the aforesaid circumstances and, within thirty (30) calendar days, provide the other Party with confirmation of the force majeure circumstances. Information letter, certificate, or other appropriate documents to be issued by the competent government authority, located where the force majeure circumstances occurred, shall be such confirmation.
11.3. The time needed for the Parties to perform their obligations hereunder shall be extended by any period in which their performance was suspended because of the above listed circumstances.
11.4. If due to operation of the insuperable force circumstances, nonperformance of the obligations under this agreement continues for over three months, either Party may terminate this Agreement by giving notice in writing to the other Party.
Regardless of force majeure occurrence, before terminating this Agreement due to force majeure circumstances, the Parties shall make final settlements.
12. MISCELLANEOUS PROVISIONS OF THE AGREEMENT
12.1. Product photographs, in particular, the color range of used materials and pattern accuracy, may slightly differ from their actual appearance.
12.2. The information provided by the Buyer shall be confidential. The Buyer information shall only be used for fulfilling their Order (sending a Product ordering notice to the Seller, mailing advertisement materials, etc.).
12.3. By their acceptance of the Agreement or acceptance of the privacy and cookie poliсy available on the Website samopal.international, the Buyer gives their voluntary consent to processing of their own personal data for the following purpose: data that become known will be used for commercial purposes, including for processing of product purchase orders, receiving order information, and sending promotional and special offers, campaign and prize drawing information, or any other information about activities of the Website samopal.international through telecommunications (electronic mail; mobile communication). For the purposes of this clause, letters, notices and materials may be sent to the Buyer’s mailing address and e-mail, and SMS messages may be sent and calls made to the telephone number specified in the form.
12.4. The Buyer shall authorize the processing of their personal data, including personal data placement in databases (without any further notice) and permanent storage, accumulation, update, and modification of the data (on an as-needed basis). The Seller undertakes to ensure the protection of the data against unauthorized access by third parties and not to disseminate or transmit the data any third party (except for data transmission to related parties, commercial affiliates, and persons authorized by the Seller to directly process the data for the said purposes and on mandatory request of a competent government authority).
12.5. If they do not wish to receive the mailings, the Buyer may contact the Seller by writing an application refusing the receipt of advertisement materials and sending the same to the mailing or electronic address.
12.6. The Seller shall not be liable for the content and accuracy of the information provided by the Buyer as they make their order. The Buyer shall be liable for the accuracy of the information provided when they make the order.