PUBLIC CONTRACT (OFFER)
for the ordering, sale, and delivery of goods
This contract is an official and public offer by the Seller to enter into a contract for the sale of Goods presented on the website https://atica.com.ua. This contract is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without granting preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for unfair ordering, and all other terms of the contract. The contract is considered concluded from the moment the "Confirm Order" button is pressed on the order placement page in the "Cart" Section and the Buye1r receives confirmation of the order from the Seller in e2lectronic form.
1. Definition of Terms
1.1. Public Offer (hereinafter - "Offer") - A public proposal by the Seller, addressed to an indefinite number of persons, to enter into a contract of sale of goods remotely (hereinafter - the "Contract") with the Seller on the terms contained in this Offer.
1.2. Goods or Service - The object of the agreement between the parties, which was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store - The Seller's website at https://www.atica.com.ua, created for the purpose of concluding retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller using the Internet.
1.4. Buyer - A legally capable individual who has reached 18 years of age, receives information from the Seller, places an order for the purchase of goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.5. Seller - Individual Entrepreneur "Petryk Oleksandr Serhiiovych" (identification code 2969319472), established and acting in accordance with the current legislation of Ukraine, whose location is: 69069, Zaporizhzhia, Dniprovske Shose St., bldg. 24, off. 22.
2. Subject of the Contract
2.1. The Seller undertakes to transfer the ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on 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 of the terms of the Contract by the Buyer is the date the Buyer fills out the order form posted on the Online Store website, provided the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Contract may be drawn up in writing.
3. Order Placement
3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order by email 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 suspicion regarding 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:
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3.3.1. Buyer's surname, first name;
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3.3.2. The address to which the Goods should be delivered (if delivery is to the Buyer's address);
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3.3.3. Contact phone number.
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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 any of the Parties to the contract needs additional information, they have the right to request it from the other Party. In case the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.34
3.6. When placing an order through the Seller's operator (Clause5 3.1. of this Offer), the Buyer undertakes to provide the informati6on 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 into the registration form on the Online Store website or when placing an Order through the operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Contract, that is, by accepting the terms of this offer (the proposed terms for the purchase of the Goods), by placing an Order, the Buyer confirms the following:
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a) The Buyer is fully and completely familiar with, and agrees to, the terms of this offer (offer);
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b) The Buyer gives permission for the collection, processing, and transfer of personal data; the permission for the processing of personal data is valid for the entire term of the Contract, as well as for an unlimited period after its termination. In addition, by concluding the contract, the Buyer confirms that they have been notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection," of the purposes of data collection, and also that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Contract, the possibility of conducting mutual settlements, and also for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third par7ties without any additional notification to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights, as a personal data subject 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 website in Hryvnia, 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 separate unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) selected by them.
4.4. The cost of the Goods indicated 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 delivering the Goods to the Buyer's address when the Buyer submits a corresponding request to the Seller by sending an email or when placing an order through the online store operator.8
4.6. The Buyer's obligations to pay for the Goods are c9onsidered fulfilled from the moment the funds are received by the Seller in its 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 and Delivery" section.
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the Goods for compliance with qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or their representative, upon acceptance of the Goods, confirms by their signature on the sales receipt/or on the order/or on the shipping invoice for the delivery of goods that they have no complaints about the quantity of the goods, appearance, and completeness of the goods.
4.10. The title and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment the Goods are received by the Buyer at the place of delivery of the Goods in case of self-pickup from the Seller, or at the time the Seller transfers the Goods to the delivery service (carrier) selected by the Buyer.
5. Rights and Obligations of the Parties10
5.1. The Seller is obliged to:11
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5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Contract and the Buyer's order.12
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5.1.2. Not disclose any private information about the Buyer and not provide access to this i13nformation to third parties, except in cases provided for by law and when fulfilling the Buyer's Order.
5.2. The Seller has the right to:
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5.2.1. Change the terms of this Contract, as well as prices for Goods and services unilaterally, by posting them on the Online Store website. All changes take effect from the moment of their publication.
5.3. The Buyer undertakes to:
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5.3.1. Before concluding the Contract, familiarize themselves with the content of the Contract, the terms of the Contract, and the prices offered by the Seller on the Online Store website.
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5.3.2. For the Seller to fulfill its obligations to the Buyer, the latter must communicate all necessary data that uniquely identify them as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by them for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of goods of proper quality is carried out if they 14have not been used and if their marketable appearance, 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 not subject to return o15n the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the cost of goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided that the requirements stipulated in Clause 6.1. of the Contract and current legislation of Ukraine are met.
6.3. The cost of the goods is subject to refund by bank transfer to the Buyer's account.16
6.4. The return of goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.1718
6.5. In case of det19ection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and within20 the time limits established by the legislation of Ukraine, has the right to present the Seller with the demands provided for by the Law of Ukraine "On Protection of Consumer Rights." When presenting demands for free elimination of defects, the period for their elimination is calculated from the date the Seller receives the Goods at its disposal and has physical access to such Goods.
6.6. Consideration of the demands provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after its transfer to the Buyer as a result of the Buyer violating the rules of 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 proper quality that have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, completeness, and others). Confirmation that the product has individually defined properties is the difference in the size of the product 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 specified 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 as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in case the Buyer provides unreliable or erroneous information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.
7.4. The Seller or the Buyer are released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is a consequence of force majeure circumstances such as: war or military operations, earthquake, flood, fire, and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this Contract. The Party unable to fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the Online Store website during registration or order placement, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the commission of other actions provided for by the Law of Ukraine "On Personal Data Protection," without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. The Seller's provision of information to contractors and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the cu21rrent 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 the low-quality fulfillment or non-fulfillment of its obligations due to the irrelevance of the information about the Buyer or its discrepancy with reality.
9. Other Terms
9.1. This Contract is concluded on the territory of Ukraine and operates 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 the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the d22ispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Contract unilaterally, as provided for in Clause 5.2.1. of the Contract. In addition, changes to the Contract may also be made by mutual agreement of the Parties in the manner provided for by the current legislation of Ukraine.
SELLER'S ADDRESS AND DETAILS:
IE "Petryk Oleksandr Serhiiovych"
69069, Zaporizhzhia, Dniprovske Shose St., bldg. 24, off. 22
Recipient Code: 2969319472
Recipient Account: UA273133990000026004055752409
Zaporizhzhia RU JSC CB "Privatbank"
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