PUBLIC AGREEMENT (OFFER)
to order, purchase, sale and delivery of goods
This agreement is an official and public offer by the Seller to enter into a purchase and sale agreement for the Products presented on the website gardenseeds.top. This agreement is public, that is, 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 preference for one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for goods, delivering goods, returning goods, liability for dishonest orders and other terms of the agreement. The contract is considered concluded from the moment the «Checkout» button is clicked on the ordering page in the «Shopping cart» section and the Buyer receives an order confirmation in electronic form from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the «Offer») is a public offer of the Seller, addressed to an indefinite number of persons, to conclude a contract for the sale and purchase of goods remotely with the Seller (hereinafter referred to as the «Agreement») on the terms contained in this Offer.
1.2. Goods or Service - an object of agreement between the parties, 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.gardenseeds.top was created for concluding retail trade contracts based on the Buyer’s familiarization with the description of the Product offered by the Seller via the Internet.
1.4. The Buyer is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.5. The seller is FOP Tsymbal.
2. Subject of the Agreement
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 Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is considered the date the Buyer fills out the order form posted on the website of the online store, subject to the Buyer receiving an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be drawn up in writing.
3. Placing an Order
3.1. The buyer independently places an order in the online store through the «Shopping cart» form, or by placing an order by email or by phone specified in the contact 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 suspicions about its validity.
3.3. When placing an order on the online store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to complete the order:
3.3.1. last name, first name of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery is to the Buyer’s address);
3.3.3. contact number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Product selected by the Buyer are indicated in the Buyer’s Shopping cart on the website of the online store.
3.5. If any of the Parties to the contract needs additional information, he 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 quality service to the Buyer 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. Acceptance by the Buyer of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the website of the online store or when placing an Order through an 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 Agreement, that is, accepting the terms of this offer (the proposed conditions for purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully familiar with and agrees with the terms of this offer;
b) it gives permission to collect, process and transfer personal data; permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding an agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine «On Personnel Protection» «data», about the purposes of collecting data, as well as the fact that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, to make mutual settlements, as well as to receive invoices, acts and other documents. The Buyer also agrees that The Seller has the right to provide access and transfer his personal data to third parties without any additional notification to the Buyer in order to fulfill the Buyer’s order.
4. Price and Delivery of the Product
4.1 Prices for goods and services are determined by the seller independently and are indicated on the website of the online store. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
4.2 Prices for goods and services may be changed by the seller unilaterally depending on market conditions. In this case, the price of an individual unit of the Goods, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Product indicated on the website of the online store does not include the cost of delivery of the Product to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by him.
4.4. The cost of the Product indicated on the website of the online store does not include the cost of delivery of the Product to the Buyer’s address.
4.5. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer’s address when the Buyer makes a corresponding request to the Seller by sending an 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 Seller receives funds into his account.
4.7. Payments between the Seller and the Buyer for the Goods are made using the methods indicated on the website of the online store 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 compliance of the Goods with qualitative and quantitative characteristics (name of goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative, upon acceptance of the Goods, confirms with his signature on the sales receipt / or in the order / or in the delivery note for the delivery of goods, which has no claims to the quantity of goods, appearance and completeness of the goods.
4.10. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment the Goods are received by the Buyer in the city where the Goods are delivered upon independent delivery of the Goods from the Seller or when 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:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except as required by law and when fulfilling the Buyer’s Order.
5.2. The seller has the right:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services unilaterally, by posting them on the website of the online store. All changes come into force from the moment of publication.
5.3 The Buyer undertakes:
5.3.1 By the time the Agreement is concluded, familiarize yourself with the contents of the Agreement, the terms of the Agreement and the prices offered by the Seller on the online store website.
5.3.2 In fulfillment by the Seller of its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller a non-food product of proper quality if the product does not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used for its 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 made if it has not been used and if its presentation, consumer properties, packaging, seal, labels, as well as the payment document issued to the Buyer for payment for 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. The cost of goods of good quality will be returned to the Buyer within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements stipulated in clause 6.1. Agreement, current legislation of Ukraine.
6.3. The cost of the goods must be returned by bank transfer to the Buyer's account.
6.4. The return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and the Seller does not reimburse the Buyer.
6.5. If found during the established warranty period for defects in the Product, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for by the Law of Ukraine «On the Protection of Consumer Rights». When making demands for the gratuitous elimination of defects, the period for their elimination is calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.
6.6. Consideration of the requirements provided for by the Law of Ukraine «On the Protection of Consumer Rights» is carried out by the Seller upon provision by the Buyer of documents provided for by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arise after its transfer to the Buyer due to the Buyer’s violation of the rules for using or storing the Goods, actions of third parties or force majeure.
6.7. The Buyer does not have the right to refuse a product of proper quality that has individually defined properties, if the specified product can be used exclusively by the Buyer who purchased it (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, equipment), etc. ). Confirmation that the product has individually defined properties is the difference in product sizes and other characteristics indicated in the online store.
6.8. Return of goods, in cases provided for by law and this Agreement, is made to the address indicated on the website in the «Contacts» section.
7. Responsibility
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 Product purchased from the Seller.
7.2. The Seller is not responsible for improper or untimely execution of Orders and its obligations in the event that the Buyer provides inaccurate or false 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 Agreement.
7.4. The Seller or Buyer are released from liability for complete or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or Buyer after the conclusion this agreement. The Party that is able to fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as performing other actions provided for by the Law of Ukraine «On the Protection of Personal Data», without limiting the validity period of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation of the Seller’s provision of information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevant information about the Buyer or its inconsistency with reality.
9. Other conditions
9.1. This agreement was 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 resolve the dispute through negotiations, the Buyer and/or Seller have the right to apply for resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. Agreement. In addition, changes to the Agreement may be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
Cherkasy region, Zolotonosha, st. Shevchenko, building 106
Name of recipient: FOP Tsymbal
Recipient code: 2868500118
MFI: 305299
Account in the format according to the IBAN standard: UA023052990000026001021606399
Name of the bank: JSC CB «PRIVATBANK»
