This Agreement is an official and public offer by the Seller to enter into a purchase and sale agreement for the Goods, which are presented on the website https://tsviteteren.com/
The agreement is considered concluded upon clicking the “Place Order” button on the checkout page in the “Cart” section and the Purchaser’s receipt of an electronic order confirmation from the Seller - this constitutes full and unconditional acceptance of this public agreement and the information provided on the website.
This Agreement defines the procedures for the Seller to conduct sales of goods through the online store in accordance with Articles 633, 641, and 642 of the Civil Code of Ukraine (hereinafter referred to as the CCU), the Rules for the Sale of Goods on Order and Outside of Retail or Office Premises, approved by Order of the Ministry of Economy of Ukraine No. 103 dated April 19, 2007, and constitutes a public offer by the Seller addressed to an indefinite group of persons, regardless of their status as individuals or legal entities (hereinafter referred to as the Purchaser), without giving preference to one Purchaser over another.
The Seller and the Purchaser shall warrant that they possess the necessary legal capacity and authority, as well as all rights and powers necessary and sufficient to enter into and perform this Agreement.
1. Definition of Terms
1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer by the Seller, addressed to an indefinite group of persons, to enter into an agreement with the Seller for the remote sale of goods (hereinafter referred to as the “Agreement”) on the terms set forth in this Offer.
1.2. Goods are the subject of the agreement between the Parties, which were selected by the Purchaser on the Online Store’s website and added to the shopping cart, or have already been purchased by the Purchaser from the Seller via distance selling.
1.3. Online Store is the Seller's website at https://tsviteteren.com/, created for the conclusion of retail and wholesale purchase and sale agreements based on the Purchaser's review of the Goods description provided by the Seller via the Internet.
1.4. Purchaser is a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase the Goods presented on the Online Store’s website for purposes not related to the conduct of business activities, or a legal entity or an individual entrepreneur.
1.5. Seller is an INDIVIDUAL ENTREPRENEUR, Daria Andriivna Nevmerzhytska (identification code 3430505547), who is registered and operates in accordance with the current legislation of Ukraine, with the following address: apartment 88, 19a Pravdy Ave., Kyiv City, 04108, Ukraine
2. Subject Matter of the Agreement
2.1. The Seller shall be obliged to transfer ownership of the selected (ordered) Goods to the Purchaser, and the Purchaser shall be obliged to pay for and accept the Goods in accordance with the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of the Purchaser’s full and unconditional acceptance of the terms of the Agreement shall be the date on which the Purchaser completes the order form and clicks the “Place Order” button on the checkout page in the “Cart” section and receives an electronic order confirmation from the Seller.
3. Order Procedure
3.1. The Purchaser may place an order by filling out the electronic order form on the Online Store’s website.
3.2. The Purchaser has the right to place an Order for any Good presented on the Online Store’s website and currently in stock.
3.3. If a Good is out of stock, the Purchaser has the right to replace it with a similar Good, or to decline the Good and cancel the order.
3.4. By placing an Order using the electronic form on the Online Store’s website, the Purchaser thereby confirms that they have read the terms of this offer and agree to provide the Seller with all information necessary for the proper processing and fulfilment of the Order.
3.5. When placing an Order using the electronic form on the Online Store’s website, the Purchaser shall be obliged to provide the following registration information about themselves:
3.5.1. Surname, given name and patronymic;
3.5.2. Contact phone number;
3.5.3. E-mail;
3.5.4. Actual delivery address;
3.5.5. Name, quantity, and price of the Goods selected by the Purchaser (as indicated in the Purchaser’s Shopping Cart on the Online Store’s website).
And other information specified in the registration form on the website.
3.6. The Seller shall not be liable for the content or accuracy of the information provided by the Purchaser when placing the Order.
3.7. The Purchaser shall be responsible for the accuracy of the information provided when placing the Order.
3.8. The distance purchase and sale agreement between the Seller and the Purchaser is considered concluded upon clicking the “Place Order” button on the Seller’s online store at https://tsviteteren.com/on the Order checkout page in the “Cart” section and the Purchaser’s receipt of an electronic Order confirmation from the Seller or the Seller’s issuance to the Purchaser of an electronic receipt or other document confirming payment for the goods.
4. Price of Goods
4.1. Prices in the online store are listed in the national currency of Ukraine (hryvnia) per unit of goods in accordance with the current price list.
4.2. The Seller reserves the right to change the price of the goods until the order is placed without notifying the Purchaser.
4.3. The final price is the one indicated by the operator when the order is placed.
4.4. The prices listed in the online store https://tsviteteren.com/ are for informational purposes only.
5. Payment of Goods
5.1. The Purchaser may pay for the Goods using the following methods:
5.1.1. Advance payment of 100% of the cost of the Goods using any Visa or Mastercard card. A receipt issued to the Purchaser serves as confirmation of payment.
5.1.2. Cash on delivery in full upon receipt of the Goods via courier delivery.
5.1.3. Gift Certificate (hereinafter referred to as the Certificate) is a method of paying for the Goods in the form of an advance payment under the Public Offer Agreement, with the option to select the Goods within the specified period. The Certificate serves as confirmation of the advance payment made under the Public Offer Agreement. The Certificate has a unique code. The validity period of the Certificate and its unique code is 1 year from the date of acceptance of the Public Offer Agreement and the payment of the advance payment in accordance with this paragraph.
The Certificate and the Certificate Code serve as identifiers and enable the Seller to verify that the relevant advance payment has been made under the Public Offer Agreement.
5.1.3.1 The Purchaser has the right to authorize a third party to order and receive the Goods under this Public Offer Agreement, for which purpose the Purchaser shall transfer the certificate, which is an integral part of this Agreement and serves as confirmation of such delegation by the Purchaser.
5.1.3.2. The Purchaser or a third party authorized by the Purchaser has the right to select the Goods by (using) the Certificate via the website on the Internet (https://tsviteteren.com) or at a TSVITE TEREN brand store.
5.1.3.3. If, during the term of the Purchaser’s (Certificate), the Purchaser or a third party authorized by the Purchaser fails to place an order for the receipt of the Goods, the Seller shall have the right to impose penalties on the Purchaser, namely a penalty in the amount of 100% of the prepayment under this Agreement, which shall be offset against the Purchaser’s 100% prepayment.
5.1.3.4. If the order amount for the receipt of the Goods exceeds the prepayment amount confirmed by the Certificate hereunder, the Purchaser or a third party authorized by the Purchaser shall be obliged to pay the difference on the day the order is placed (in the case of an order placed via the website https://tsviteteren.com/) or on the day of receipt of the Goods from the TSVITE TEREN brand store.
5.1.3.5. If the order amount for the receipt of the Goods is less than the prepayment amount confirmed by the Certificate, the Purchaser or a third party authorized by the Purchaser shall have the right to select Goods hereunder once, whereupon the Certificate shall be deemed to have expired. The difference between the prepayment amount confirmed by the Certificate and the order amount shall not be refunded to the Purchaser in cash or by any other means, cannot be used for future purchases, and the Seller has no obligation to refund this difference. By placing an order, the Purchaser confirms their agreement to these terms.
5.1.3.6. When the Purchaser makes a prepayment in accordance with para. 5.1.3. of this Public Offer Agreement, the discounts, promotions, and offers valid at the time of selecting the Goods apply to the Goods selected as part of the order.
5.1.3.7. The Purchaser may not unilaterally terminate this Public Offer Agreement.
The Purchaser may request a refund of the advance payment in cases provided for by the Civil Code of Ukraine and the Law of Ukraine “On the Protection of Consumer Rights”. In the event of a refund of the advance payment for the Goods, it shall be returned to the Purchaser’s account.
5.1.3.8. A cash register receipt serves as confirmation that the Purchaser or a third party authorized by the Purchaser has received the goods.
5.1.3.9. The Seller shall be obliged to maintain records of Certificates, as well as the Goods selected for an order paid for in advance by the Purchaser or their authorized representative, using the Seller’s internal accounting system;
5.2. Payment for Goods and services of the online store https://tsviteteren.com/ shall be made in the national currency of Ukraine in accordance with the prices and rates established at the time of purchase of the Goods.
5.3. Prices for Goods and services are determined by the Seller independently and are listed on the Online Store’s website. All prices for Goods and services listed on the website are in hryvnias and VAT included.
5.4. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Goods, the cost of which has been paid in full by the Purchaser, cannot be changed by the Seller unilaterally. If the price of a Good item in the Order changes before the Order is paid for, the Seller shall be obliged to notify the Purchaser of such changes as soon as possible. The Purchaser has the right to confirm or cancel the Order. If the Seller is unable to contact the Purchaser, the Order is considered cancelled within 24 hours of the price change for the Good.
5.5. The price of the Goods listed on the online store’s website does not include the cost of shipping the Goods to the Purchaser. The Purchaser pays the shipping cost directly to the delivery service (carrier) of their choice, in accordance with the current rates of such delivery services (carriers).
5.6. The Seller may provide an estimated cost of delivery of the Goods to the Purchaser’s address upon the Purchaser’s request to the Seller via email or when placing an order through the online store operator.
5.7. Payment for the Goods between the Seller and the Purchaser may be made in non-cash form:
5.7.1. The Purchaser’s obligation to pay for the Goods is considered fulfilled upon receipt of the funds by the Seller into its current account.
5.8. Cash on delivery upon receipt of the ordered Goods at a branch (office) of the delivery service (carrier, postal service, postal company, transport company) at the place of receipt of the Goods order or at an address agreed upon with the Purchaser, in accordance with the terms and rates of such cash on delivery payment as determined by the relevant delivery service (carrier, postal service, postal company, transport company). All fees associated with the relevant cash-on-delivery payment shall be paid by the Purchaser to the relevant institution processing such payment.
5.9. By any other method available in the Online Store or provided by the Store. In any case, all fees and interest incurred when paying for the Goods shall be borne by the Purchaser.
5.10. In the event of non-payment, incomplete payment, or late payment, the Online Store reserves the right to refuse to provide the Goods, suspend or completely fail to fulfil its obligations, and shall not be liable for any consequences of such a decision or actions, unless otherwise agreed upon by the Parties.
6. Delivery of Goods
6.1. The Purchaser agrees to the terms and conditions of delivery for the ordered goods with the online store operator at the time of purchase or by reviewing the relevant information on the online store’s website.
6.2. Courier delivery of the order to the Purchaser shall be carried out in accordance with the Purchaser’s instructions and to the address provided by the Purchaser.
6.3. Upon receipt of the goods, the Purchaser must, in the presence of a representative of the delivery service (carrier), verify that the goods comply with the specified quality and quantity characteristics (product name, quantity, completeness, expiration date).
6.4. Upon acceptance of the Goods, the Purchaser or his/her representative confirms with his/her signature on the sales receipt, or on the order, or on the delivery waybill that they have no complaints regarding the quantity, appearance, or completeness of the Goods.
6.5. Title to the Goods and the risk of accidental loss or damage to the Goods shall pass to the Purchaser or its Representative upon receipt of the Goods by the Purchaser at the delivery location, in the case of direct delivery of the Goods by the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Purchaser.
7. Rights and Obligations of the Parties
7.1. The Seller shall be obliged to:
7.1.1. Not disclose any of the Purchaser’s private information and not provide access to such information to third parties, except as provided for by the current legislation of Ukraine.
7.1.2. The Seller reserves the right not to fulfil an order in the event of non-payment for the Goods and/or the occurrence of force majeure circumstances.
7.1.3. The Seller reserves the right to unilaterally amend the terms of this Agreement, as well as the prices for Goods and services, by posting them on the Online Store’s website. All changes take effect upon publication.
7.2. The Seller shall not be liable for the Purchaser’s improper use of the Goods ordered from the Online Store.
7.3. The Seller has the right to transfer its rights and obligations regarding the fulfilment of orders to third parties.
7.4 The Purchaser shall be obliged to:
7.4.1. Before placing an order in the online store, review the contents of the Offer Agreement, as well as the delivery and payment terms on the store’s website.
7.5. Ownership of the order, as well as the risk of its accidental damage or loss, passes to the Purchaser upon the Purchaser’s acceptance of the Goods at the delivery location when the Goods are delivered directly by the Seller, or upon the Seller’s transfer of the Goods to the delivery service (carrier) selected by the Purchaser.
7.5. The Purchaser has the right to return or exchange the Goods in accordance with the provisions of the Law of Ukraine “On the Protection of Consumer Rights.”
8. Force Majeure
8.1 The parties shall be exempt from liability for non-performance or improper performance of their obligations hereunder for the duration of the force majeure. Force majeure refers to extraordinary and insurmountable circumstances under the given conditions that prevent the parties from fulfilling their obligations hereunder. These include natural disasters (earthquakes, floods, etc.), social circumstances (hostilities, martial law, states of emergency, large-scale strikes, epidemics, etc.), restrictive measures imposed by government authorities (transportation bans, currency restrictions, international sanctions, trade bans, etc.). During this period, the parties shall have no claims against each other, and each party shall bear its own risk for the consequences of force majeure circumstances.
9. Data Processing
9.1. The terms for the collection, processing, and use of personal data are set forth in the Privacy and Personal Data Protection Policy.
9.2. The Seller shall be obliged not to disclose information received from the Purchaser. It shall not be considered a breach for the Seller to provide information to counterparties and third parties acting under an agreement with the Seller, including for the purpose of fulfilling obligations to the Purchaser, as well as in cases where the disclosure of such information is required by the applicable laws of Ukraine.
9.3. The Purchaser is responsible for keeping their personal data up to date. The Seller shall not be liable for any failure to perform or improper performance of its obligations due to the Purchaser’s information being out of date or inaccurate.
9.4. The Seller shall be obliged to maintain confidentiality regarding the Purchaser’s personal data; prevent any attempts by third parties to use the Purchaser’s personal data without authorization; restrict access to the Purchaser’s personal data to persons directly involved in fulfilling the order, except as provided by the current legislation of Ukraine.
10. Sale of Goods
10.1. The Seller does not guarantee unconditional fulfilment of the order. All goods are provided “as is”. The technical systems involved (the website and the site itself: https://tsviteteren.com/) may contain undetected technical errors, resulting in the inability to fulfil the Order, purchase the Goods, or their untimely fulfilment. In addition, the inability to fulfil the Order or its untimely fulfilment may be caused by circumstances attributable to human error or force majeure.
10.2. In the event that the Seller is unable to fulfil its obligations or fails to do so in a timely manner due to the circumstances set forth in para. 10.1 (excluding “force majeure”), the Seller shall be liable only to the extent of the amounts received from the Purchaser as payment for the Goods.
10.3. The Seller shall not bear, and under no circumstances may bear, any material liability exceeding the amounts received from the Purchaser as payment for the Goods.
10.4. The Seller reserves the right to refuse to sell the Goods to the Purchaser if the Seller is unable to provide the relevant Goods.
11. Miscellaneous
11.1. This Agreement is entered into within the territory of Ukraine and is governed by the laws of Ukraine.
11.2. All disputes arising between the Purchaser and the Seller shall be resolved through negotiations. If a resolution to the disputed issue cannot be reached through negotiations, the Purchaser and/or the Seller have the right to refer the dispute to the courts in accordance with the current legislation of Ukraine.
11.3. The Seller has the right to amend this Agreement unilaterally, as provided for in para. 7.1.3 hereof. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
Individual Entrepreneur Daria Andriivna Nevmerzhytska
Tax number
3430505547
Address
apartment 88, 19a Pravdy Ave., Kyiv City, 04108, Ukraine
IBAN UA593220010000026009330023667
UNIVERSAL BANK JSC