PUBLIC OFFER AGREEMENT
This Agreement, in which one party is a sole proprietor K.E. Krasnozhon (hereinafter referred to as the Seller), on the one hand, and any person who accepted this offer (hereinafter referred to as the Buyer), on the other hand, hereinafter together referred to as the Parties, have concluded the present Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, and which is the official public offer of the Seller to conclude with the Buyers a contract for the sale of the Goods, the photographs of which are placed in the relevant section of the site: ostro.ua
Buyers, when purchasing the Goods, the images of which are placed on the relevant pages of the website: ostro.ua, accept the terms of this Agreement as follows:
1. GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer shall be drawn up in the form of a public offer contract.
1.2. Clicking in the internet-resource on the Order page – “Make an order” button (or a similar name of the button in another language (here and hereafter)) means that the Buyer, regardless of the status (an individual, a legal entity, a sole proprietor), according to the current Ukrainian legislation, has taken to fulfill the terms of the Public Offer Agreement, which are indicated below.
1.3. Public Offer Agreement is public, that is, in accordance with articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all the Buyers, regardless of the status (an individual, a legal entity, a sole proprietor).
1.4. In full agreement with this Agreement, the Buyer accepts the terms and procedure for the order placing, payment and delivery of the Goods by the Seller, liability for the unfair Order and for failure to comply with the terms of this Agreement.
1.5. This Agreement enters into force from the moment of clicking on the "Make an order" button, with which the Buyer gives consent to make a purchase of the Goods available at the Seller, and remains in force until the moment when the Buyer receives the Goods from the Seller and until the full payment to the Seller.
2. TERMS & DEFINITIONS
2.1. “Public Offer Agreement” is a public agreement, a sample of which is posted on the website: ostro.ua and the application of which is mandatory for all the Buyers and which is directed to an uncertain circle of persons.
2.2. "Acceptance" - acceptance by the Buyer of the Seller's offer for the purchase of the Goods, the image of which is posted on the website: ostro.ua, by adding it to the virtual basket and sending the Order.
2.3. "Goods" - the subject of trade (a product, a model, an accessory, components and accompanying items, any other items of trade), regarding the purchase of which the Seller’s offer is placed on the website: ostro.ua
2.4. “The Buyer” is any legally capable individual, legal entity, sole proprietor, in accordance with current Ukrainian legislation, who has visited the website: ostro.ua and intends to purchase some Goods from the list available on the website.
2.5. “The Seller” is any legally capable individual, legal entity, sole proprietor, in accordance with current Ukrainian legislation, who is an owner or distributor of the Goods and intends to sell it using the website.
2.6. "Order" - a properly executed and placed on the website application of the Buyer for the purchase of the Goods addressed to the Seller.
2.7. "Legislation" - the current legislation of Ukraine which may be applied to legal relations related to the fulfillment and/or which derive from the fulfillment of the obligations stated in this Agreement.
2.8. "Significant defect of the Goods" is a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose; this defect arose from the fault of the manufacturer (the Seller), and after its elimination it occurs again for the reasons independent of the Buyer.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to sell the Product, under the terms and conditions determined by this Agreement, on the basis of the Order, made by the Buyer on the relevant page of the website: ostro.ua, and the Buyer undertakes to purchase the Goods and pay for it, under the terms and conditions determined by this Agreement.
3.2. The Seller warrants that the Goods are not pledged, are not subject to the dispute, are not under arrest, and that any third parties have no rights to the Goods.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham agreement or agreement concluded under the influence of pressure or deception.
3.4. The Seller confirms that he has all the necessary permissions to conduct economic activity, which regulate the legal relations that arises and are in force in the course of implementation of this Agreement, and also 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, and undertakes to be liable in case of violation of the rights of the Buyer during the implementation of this Agreement and the sale of the Goods.
4. RIGHTS & OBLIGATIONS OF THE SELLER
4.1 The Seller is obliged to: fulfill the terms of this Agreement; execute the Buyer's order in case of receipt of payment from the Buyer; to transfer the Goods to the Buyer in accordance with the chosen sample on the relevant page of the website: ostro.ua, with the placed Order and the terms of this Agreement; check the qualitative and quantitative characteristics of the Goods during its packing in the warehouse.
4.2. The Seller has the right to: to suspend unilaterally the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
5. RIGHTS & OBLIGATIONS OF THE BUYER
5.1 The Buyer is obliged to: pay in due time and receive an order under the terms of this Agreement; study the Product information that is posted on the Seller's website; upon receipt of the Goods from the person who carried out the delivery - make sure of the integrity and completeness of the Goods by examination of the package contents. In the event of damage or incomplete set of the Goods – fix them in the Act, which together with the Buyer, must be signed by the person who carried out the delivery to the Buyer.
5.2 The Buyer has the right to: place an order on the relevant page of website: ostro.ua; require the Seller to comply with the terms of this Agreement.
6. ORDER PLACING PROCEDURE
6.1. The Buyer places an order independently on the relevant page of the website: ostro.ua by adding the Products items to the virtual basket by clicking on the "Buy!" button (or a similar name of the button in another language (here and hereafter)), or by making an order by e-mail, or by calling the telephone number specified in the section of contacts of the website: ostro.ua.
6.2. The term of the order formation is up to 2 business days from the moment of its placement. In the event that the order is sent on a weekend or a holiday, the period of formation begins from the first business day after a weekend/holiday.
7. THE AGREEMENT PRICE & PAYMENT PROCEDURE
7.1 The price of each individual Product is determined by the Seller and is indicated on the relevant page of the website: ostro.ua.
7.2 The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and delivery price, which is determined depending on the delivery method in accordance with the provisions of Section 8 of this Agreement.
7.3 The value of the order may vary depending on the price, quantity or the Goods range.
7.4 The Buyer may pay for Order in the following ways:
- by bank money transfer to the current account of the Seller, which is indicated in the invoice, incl. with the help of Internet Banking (the Buyer is to pay the Order in the amount of 100% prepayment within three days from the date of receipt of the invoice);
- Cash on delivery (C.O.D.) upon receipt of the Order at the representative office of the delivery service LLC "Nova Poshta";
- by any other means by agreement with the Seller.
8. TERMS OF THE GOODS DELIVERY
8.1 The Buyer receives the Goods by delivery, or receives it personally. The procedure of payment and receipt is indicated on the relevant page of the website: ostro.ua
8.2 When delivering the Goods to other cities of Ukraine by other Delivery Services (hereinafter referred to as the Carriers), the Buyer fully and unconditionally agrees with the Rules on the carriage of goods by these Carriers.
8.3 The Buyer confirms the fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carriers, with his own signature in the Waybill (consignment note), Declaration of the Carrier, or in the expenditure invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier in the quantity specified and paid by the Buyer, in completeness according to the specification on these Goods and in the proper (working) condition and quality.
8.4 In the event of the Buyer absence at the delivery address specified by the Buyer in the application, or of the Buyer’s refuse to receive the Goods for unreasonable reasons - when delivered by a courier of the Carrier, the Goods are returned to the shipment center. Payment for services of the Carrier is deducted from the amount transferred by the Buyer for the Goods. The balance amount is returned to the Buyer on the basis of his/her letter sent to the e-mail firstname.lastname@example.org, with the indication of the bank account to which the money should be returned.
8.5 All the questions that arise in the process of payment and receipt of the Goods, the Buyer can find out using the contact information in the section Contacts.
9. TERMS OF THE GOODS RETURN
9.1 Upon receipt of the Goods in the warehouse of the Carrier, from a courier or from the Seller, the Buyer is obliged to check the outer integrity of the package, after which - to open it and verify directly the proper apparent condition of the Goods (absence of mechanical damages) and the set completeness.
9.2 In case of at least one of the defects listed above, the Buyer is required to fix it in the drawn up act of a free form. The act is to be signed by the Buyer and by the person who delivered the Goods, or by the Seller. If possible, the defects shall be recorded by means of photo or video fixation.
9.3 Within 1 (one) day the Buyer is obliged to inform a manager (a representative of the Seller responsible for placing the order for the Goods) about the defects found and agree on the replacement of the Goods, filling out a claim form for returning the Goods - on the website: ostro.ua
9.4 The Parties have agreed that in case of non-observance of the mandatory requirements of specified procedure, the receipt by the Buyer of the Goods in the proper condition is acknowledged - without any mechanical damages and in the set completeness.
10. RESPONSIBILITY OF THE PARTIES & DISPUTES SETTLEMENT
10.1 The Parties are responsible for the non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
10.2 In the event of disputes related to the implementation of the Parties of this Agreement, with the exception of disputes related to the debts collection from the Buyer, the Parties undertake to resolve them by negotiation in compliance with the claim procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt.
10.3 In disputes regarding the debts collection from the Buyer, compliance with the claim procedure is not required.
10.4 All the disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its execution, violation, termination or nullity, shall be resolved in the appropriate court in accordance with the substantive and procedural law of Ukraine.
11. FORCE MAJEURE CIRCUMSTANCES
11.1 The Parties shall not be liable for any non-fulfillment of their obligations, with the exception of payment obligations, if they prove that such non-compliance was caused by force majeure circumstances, that is, by events or circumstances which are really beyond the control of such a Party, which came after the conclusion of this Agreement, and which are unforeseen and inevitable.
11.2 Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), rebellions, the death of the Goods, delays of carriers caused by accidents or adverse weather conditions, dangers and chances at sea, embargo, catastrophe, restrictions imposed by public authorities (including distribution, priorities, formal requirements, quotas and price control), if these circumstances had a direct influence on the implementation of this Agreement.
11.3 The Party for which it became impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances shall immediately inform in writing the other Party of the occurrence of the circumstances mentioned above, and also shall provide to the other Party the confirmation of force majeure circumstances within 30 (thirty) calendar days. Such a confirmation can be a certificate or any other relevant document issued by an authorized state body located at the place of force majeure circumstances occurrence.
11.4 Information on the occurrence of force majeure circumstances for the Seller is the placement of relevantinformation on the website: ostro.ua. Any other messages (individual) from the Seller are not required.
11.5 The time required for the Parties to fulfill their obligations under this Agreement will be extended for any term during which the Agreement implementation was postponed due to the circumstances listed above.
11.6 If, by virtue of the force majeure circumstances, the non-fulfillment of obligations under this Agreement lasts more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
11.7 Despite the onset of force majeure circumstances, before the termination of this Agreement due to force majeure, the Parties make final settlements.
12. OTHER TERMS OF THE AGREEMENT
12.1 The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his/her Order (sending a message to the Seller about ordering the Goods, sending promotional messages, etc.).
12.2 By his/her own acceptance of the Agreement or by registration on the website: ostro.ua (filling out the registration form) the Buyer voluntarily gives consent to collect and process his/her own personal data for the following purpose: the data which become known will be used for commercial purposes, including for processing orders on the Goods purchase, receipt of the information about the order, sending by telecommunication means of communication (by e-mail, mobile communication) of advertising and special offers, information about promotions, lotteries, or any other information about the activity of the website: ostro.ua
12.3 For the purposes provided for by this clause, the Seller has the right to send to the Buyer letters, messages and the materials to the postal address, e-mail of the Buyer, as well as to send sms-messages, make calls to the telephone number specified in the questionnaire.
12.4 The Buyer gives the right to process his/her personal data, including: to put the personal data in the database (without additional notice about it), to carry out life-long storage of data, their accumulation, updating, change (as necessary).
12.5 The Seller undertakes to provide data protection against unauthorized access of third parties, to not distribute or transmit data to any third party (except for the transmission of data to related parties, commercial partners, persons authorized by the Seller to perform direct processing of data for specified goals, as well as a mandatory request from a competent public authority).
12.6 In case of unwillingness to receive the materials sending, the Buyer has the right to contact the Seller by writing an application for refusal to receive promotional materials sending it to a postal or electronic address.
12.7 The Seller is not responsible for the content and truthfulness of the information provided by the Buyer when placing an order.
12.8 The Buyer is responsible for the accuracy of information specified in the ordering process.