Public offer agreement

PUBLIC OFFER AGREEMENT
for the sale of goods

 

1. DEFINITIONS:

 

Public Offer - a public proposal by the Seller, addressed to an indefinite circle of persons, to conclude a distance sales contract with the Seller under the terms contained in this Offer.

Acceptance – the Buyer's full, unconditional, and unreserved consent to enter into this Agreement in full, without signing a written copy of the Agreement by the Parties.

Order – a duly placed and submitted request by the Buyer via the Internet for the purchase of selected Goods in the Online Store.

Online Store – the Seller's website, located on the Internet at the link: https://companygroupteam.com created for concluding sales contracts, based on the Buyer's review of the description and images of goods offered by the Seller, which excludes the possibility of the Buyer directly examining the goods and involves exclusively remote sale of goods.

Buyer - a person who orders and purchases Goods using the technical tools of the Online Store.

Seller – an individual entrepreneur or another legal entity/individual entrepreneur whose goods are placed in the Online Store.

Public Contract – a contract in which one party – an individual entrepreneur – has undertaken the obligation to sell goods to anyone who approaches them.

Goods – goods, the images and descriptions of which are posted in the Online Store, including clothing and accessories.

 

2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS:

 

2.1. This public offer agreement is an official and public proposal by the Seller to enter into a distance sales contract through the Internet and contains a public offer (proposal) in the Online Store, which is located on the Internet at the link: https://companygroupteam.com.

2.2. The public offer agreement is public, meaning that according to 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). Upon full agreement with this Agreement, the buyer accepts the terms and procedure for placing an order, paying for goods, delivering goods, and liability for non-fulfillment of the terms of this agreement.

2.3. In accordance with the terms of this Agreement, the Seller undertakes to transfer ownership of the Goods chosen by the Buyer according to the Order in the Online Store, and the Buyer undertakes to accept and pay for the Goods in the manner and under the conditions established by this Agreement.

2.4. Ownership of the Goods passes to the Buyer at the moment of receipt of the Goods, provided that the Buyer has fully paid the cost of the Goods in the manner and under the conditions established by this Agreement.

2.5. Additional information not defined by the terms of this public offer agreement for the sale of goods may be provided to the Buyer individually or posted in the Online Store.

2.6. All amendments and additions to the Agreement are published in the Online Store.

2.7. All terms of this Agreement are binding on both the Buyer and the Seller. The Buyer is obliged to independently familiarize themselves with the terms of this Agreement. The Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement, other than by publishing it in the Online Store.

2.8. Any of the following actions constitutes acceptance of this Agreement:

• direct placement of an Order by the Buyer;
• payment for Goods in the Online Store using the offered payment instruments.

 

3. PROCEDURE FOR CONCLUSION OF THE AGREEMENT AND PLACEMENT OF AN ORDER:

 

3.1. The Agreement is considered concluded from the moment an Order is placed for any Goods available for Order in the Online Store and its actual payment, which indicates the Buyer's agreement to comply with the terms of the Agreement, without the Parties signing a written copy of this Agreement.

3.2. In case of absence of the ordered Goods, the Seller is obliged to inform the Buyer about such information using the communication means left by the Buyer when placing the Order.

3.3. The order is processed by the Seller within 3 days, and the Buyer is notified of the processing result of their Order by phone call or SMS message to the specified phone number.

3.4. In case of absence of the ordered Goods, the Buyer has the right to replace them with Goods of a similar model or cancel the Order.

3.5. In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, the fact of the Buyer's payment for an order under the terms of this Agreement, within the terms and at the prices specified in the Seller's Online Store, is an acceptance of this offer, which is equivalent to concluding a public contract for the sale of goods.

 

4. PROCEDURE AND TERMS OF GOODS DELIVERY:

 

4.1. Delivery of Goods ordered in the Online Store is carried out using a delivery service within Ukraine, namely the carrier company LLC "NOVA POSHTA".

4.2. The terms and possibility of delivery of Goods to another country are discussed personally with the Buyer.

4.3. All documents provided by current legislation are sent to the Buyer along with the Goods.

4.4. Upon receipt of the Goods, the Buyer is obliged to check the goods for quantity, quality, assortment, and completeness.

4.5. Given that Orders are delivered by delivery services (hereinafter – "Carrier Companies"), by accepting this Public Offer, the Buyer fully and unconditionally agrees to the Rules for cargo transportation of Carrier Companies. The terms of such Rules can be found on the websites of the respective Carrier Companies.

4.6. The risk of accidental loss and/or accidental damage to the Goods passes to the Buyer from the moment of transfer of the Order to him and the Buyer's signature in the documents confirming the delivery of the Order.

 

5. PROCEDURE AND TERMS OF GOODS RETURN:

 

5.1. The procedure and terms for returning goods are carried out in accordance with the Law of Ukraine "On Consumer Rights Protection".

5.2. The Buyer has the right to refuse the received Goods within 14 (fourteen) days from the moment of receiving the Goods exclusively provided that the commercial appearance, consumer properties of the Goods, packaging, labels, and payment document (electronic document, receipt, sales receipt or fiscal receipt, ticket, or other document confirming the fact of receiving funds, indicating the date of calculation) are preserved.

5.3. The return of Goods delivered by Carrier Companies is at the expense of the Buyer.

 

6. RIGHTS AND OBLIGATIONS OF THE PARTIES:

6.1. The Buyer has the right to:
6.1.1. Select Goods from the proposed list in the Online Store, place and send an Order on the relevant page of the Online Store.
6.1.2. Demand from the Seller the fulfillment of the terms and obligations provided for by this Agreement.
6.1.3. Refuse this Agreement and/or terminate it in the manner and in the cases provided for by this Agreement and current legislation of Ukraine.
6.1.4. Exercise other rights provided for by this Agreement and the provisions of current legislation of Ukraine.
6.2. The Buyer undertakes to:
6.2.1. Before accepting this Public Offer, familiarize themselves with all its terms and provisions.
6.2.2. Familiarize themselves with the information about the Goods (their description), which is posted in the Online Store, before placing and sending an Order.
6.2.3. Duly pay for and receive the Order placed in accordance with the terms of this Agreement.
6.2.4. When placing an Order, provide the Seller with complete information necessary for the delivery of the Order. The Buyer bears full responsibility for providing false information that made it impossible for the Seller to properly fulfill its obligations to the Buyer.
6.2.5. Upon receipt of the Order, ensure the integrity and completeness of the Goods by inspecting the contents of the Order.
6.2.6. Familiarize themselves with the Rules for cargo transportation of Carrier Companies before placing an Order.
6.3. The Seller has the right to:
6.3.1. Unilaterally suspend the sale of Goods and the provision of delivery services (refuse to place an Order/sell Goods) in case of violation by the Buyer of the terms of the Agreement.
6.3.2. At its sole discretion, unilaterally change the Prices for Goods. In any case, the Price of the Goods paid by the Buyer according to the Order remains unchanged.
6.3.3. In the absence of Goods ordered by the Buyer – exclude the specified Goods from the Order and/or cancel such an Order, by обязательно notifying the Buyer by phone call or sending an SMS message to the phone number specified by the Buyer when placing the Order.
6.3.4. At its sole discretion, unilaterally make changes to the terms of the Agreement, by posting (publishing) it in a new edition in the Online Store. Changes come into force from the moment of their posting (publication), unless another effective date for the changes is additionally determined during their publication.
6.3.5. Conduct sales and offer promotional offers that provide a temporary opportunity to purchase Goods on more favorable terms than usual.
6.3.6. Exercise other rights provided for by this Agreement and the norms of current legislation of Ukraine.
6.4. The Seller undertakes to:
6.4.1. After confirming the Order and paying for the Goods, duly fulfill placed and confirmed Orders.
6.4.2. Deliver the Goods according to the placed Order and the terms of this Agreement.
6.4.3. Check the quantitative and qualitative characteristics of the Goods during their packaging and preparation for shipment.
6.4.4. Not disclose information about the personal data of Buyers in any way.

 

7. COST OF GOODS, PROCEDURE AND TERMS OF PAYMENT:

 

7.1. The price for the Goods in the Online Store is indicated in the national currency of Ukraine - hryvnia, per unit of Goods. The price of the Agreement is determined by adding the prices of all Goods added to the Order and the delivery price, which is determined by the carrier company.

7.2 The Seller reserves the right to change the price of the Goods until the moment of payment for the Order without prior notice to the Buyer.

7.3. The final price is the price specified in the relevant section of the Online Store when transferring funds to the Seller's current account and/or using the offered payment system.

7.4. The cost of the Order may vary depending on the price, quantity, or assortment of the Goods.

7.5. Settlements between the Parties under the terms of this Agreement are carried out in the national currency of Ukraine in one of the following ways:

• by the Buyer transferring the corresponding amount of money to the Seller's current account in accordance with the bank details specified in the invoice for payment of the respective Goods, provided/sent to the Buyer by the Seller;
• by cashless payment in the Online Store using one of the offered payment systems.

7.6. The date of payment by the Buyer for the cost of the Goods is considered the date of receipt of the corresponding amount of funds to the Seller's current account.

7.7. Before delivering the Goods to the Buyer, the Seller has the right to require the Buyer to provide a document confirming the fact of payment for the Goods.

7.8. Payment upon receipt of goods at transport company branches (cash on delivery) is not provided for by this agreement.

7.9. Failure by the Buyer to fulfill their obligations regarding payment for the ordered Goods is considered a unilateral refusal by the Buyer of this Agreement in full, which consequently leads to the termination in full of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude this Agreement.

 

8. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION:

 

8.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties bear responsibility as provided by this Agreement and the norms of current legislation of Ukraine.

8.2. In the event that non-fulfillment or improper fulfillment of the terms of this Agreement by one of its Parties led to damage to the other Party, the guilty Party is obliged to compensate for such damages in full.

8.3. Compensation for damages does not release the guilty Party from the obligation to properly fulfill the terms of this Agreement.

8.4. The Seller is not responsible for:

• minor discrepancies in the color scheme of the Goods, which may differ from the original Goods solely due to different color rendering of personal computer monitors of individual models;
• the content and truthfulness of the information provided by the Buyer when placing the Order;
• delays and interruptions in the provision of goods delivery services due to reasons beyond its control.

8.5. In case of disputed situations, the Buyer may send complaints, claims, and/or demands to the Seller's official email address: _____________________________________. 

8.6. The Seller provides a response to complaints, claims, and/or demands sent to the official email address within 10 (ten) working days.

8.7. All disagreements and disputes that may arise between the Parties in connection with the execution of this agreement shall be resolved through negotiations.

8.8. In the event that the Parties fail to reach a mutual agreement on the disagreements during negotiations, and also in the event that one of the Parties evades negotiations, the dispute shall be resolved in court in accordance with the legislation of Ukraine.

 

9. FORCE MAJEURE CIRCUMSTANCES:

 

9.1. The Parties are released from liability for full or partial non-performance or improper performance of obligations defined by this Agreement, if such non-performance or improper performance occurred as a result of force majeure circumstances.

9.2. Force majeure circumstances shall be understood as those that arose beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, armed conflict or threat thereof, civil unrest, sabotage, epidemics, pandemics, blockades, fires, earthquakes, other natural phenomena, natural disasters, power outages and communication failures used to provide services, adoption of acts by state bodies and other circumstances beyond the control of the Parties that make timely, complete and proper fulfillment by the Party of its obligations under this Agreement impossible.

9.3. The occurrence of force majeure circumstances must be confirmed by a document from a competent authority - the relevant Chamber of Commerce and Industry or other authorized body.

9.4. In the event of force majeure circumstances, the Party affected by them shall notify the other Party within 5 (five) days from the moment such circumstance arises or from the moment such Party has the opportunity to notify the other Party of the occurrence of the circumstance. After the termination of force majeure circumstances, the Party that was affected by them shall notify the other Party of such termination within 5 (five) days from the moment of termination of force majeure circumstances, or from the moment such Party has the opportunity to notify the other Party of the termination of force majeure circumstances.

9.5. If force majeure circumstances last for more than 3 (three) consecutive months, each Party has the right to refuse further performance of obligations under this Agreement, and in such a case, neither Party shall have the right to compensation for possible damages from the other Party.

 

10. FINAL PROVISIONS:

10.1. This Agreement is a public electronic agreement (offer) for the sale of Goods at a distance using remote communication means (Internet) through the Online Store.

10.2. The withdrawal or change of the terms of the offer to conclude this public Agreement, as well as the change of the terms of this public Agreement, may be carried out by the Seller at any time.

10.3. The withdrawal or change of the terms of the offer to conclude this public Agreement, as well as the change of the terms of this public Agreement, cannot be a ground for:

• any review or change of terms or termination of agreements already concluded by the Seller with Buyers under the terms of this public Agreement;
• the Seller's refusal of its obligations under agreements already concluded with Buyers under the terms of this public Agreement.

10.4. The terms of the offer to conclude this public Agreement are the same for all Buyers.

10.5. The Seller's offer to conclude this public Agreement is considered fully accepted by the Buyer from the moment the Buyer concludes this public Agreement in the manner established by clause 3.1 of section 3 of this Agreement.

10.6. The documentary (paper) confirmation of the fact of concluding this public Agreement is the corresponding payment document for the Goods.

10.7. The Parties have agreed that recognizing a separate provision of this Agreement as invalid is not a reason to consider the entire Agreement invalid, and such Agreement continues to be valid in its other provisions.

10.8. All legal relations arising in connection with the performance of this agreement and not regulated by it are governed by the norms of current legislation of Ukraine.

 

11. TERM OF THE AGREEMENT:

11.1. The Agreement comes into force from the moment of acceptance of the offer under the terms provided by this Agreement and is valid until the Parties fulfill their obligations or until the Agreement is terminated.

11.2. The Agreement may be terminated by either Party in cases provided for by the current legislation of Ukraine or by mutual agreement of the Parties.

11.3. Termination of the Agreement by the Buyer or withdrawal of the offer acceptance by them does not impose on the Seller the obligation to return funds actually spent on fulfilling the respective Buyer's order.

 

12. DETAILS OF THE PARTIES:

 

Seller	Buyer
INDIVIDUAL ENTREPRENEUR POLIEVOI YEVHENII MYKOLAIOVYCH Location: 101054, Kyiv city, Kudriavska street 24A, non-residential premises 318