PUBLIC CONTRACT (OFFER)
for ordering, buying, selling, and delivering goods
This contract is an official and public offer of the Seller to conclude a purchase and sale agreement for the Goods presented on the website https://fram-equip.com/. This contract 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) without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions of placing an order, payment for the goods, delivery of the goods, return of the goods, responsibility for unfair ordering, and all other conditions of the contract. The contract is considered concluded from the moment the buyer clicks the "Confirm Order" button on the order processing page in the "Cart" section and receives confirmation of the order from the Seller in electronic form.
1. Definitions
1.1. Public offer (hereinafter referred to as the "Offer") - a public proposal of the Seller addressed to an indefinite number of persons to conclude a purchase and sale agreement for the goods by remote means (hereinafter referred to as the "Contract") on the terms contained in this Offer.
1.2. Goods or Service - the object of agreement between the parties, which has been selected by the buyer on the website of the Internet store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Internet store - the Seller's website at https://fram-equip.com/ created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's acquaintance with the Seller's description of the Goods through the Internet.
1.4. Buyer - a capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the website of the Internet store for non-entrepreneurial purposes, or a legal entity or individual entrepreneur.
1.5. Seller - Individual Entrepreneur Harkushyna Anna Oleksiyivna (identification code 3563803946), a legal entity established and operating in accordance with the current legislation of Ukraine, with its location: Ukraine, Kyiv, Zhmachenka St., Building 4.
2. Subject of the Contract
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 on the terms of this Contract.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance of the conditions of the Contract by the Buyer is considered the date of filling out the order form by the Buyer located on the website of the Internet store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer's request, the Contract may be executed in writing.
3. Order Processing
3.1. The Buyer independently places an order in the Internet store through the "Cart" form, or by making an order by email or phone number provided in the contacts section of the Internet 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 arouses suspicion of its authenticity.
3.3. When placing an order on the website of the Internet store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer's last name, first name;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the selected Goods by the Buyer are indicated in the Buyer's cart on the website of the Internet store.
3.5. If any Party to the contract requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the Internet 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. The Buyer is responsible for the accuracy of the information provided when placing the order.
3.8. By entering into the Contract, i.e., by accepting the terms of this offer (the proposed conditions for the purchase of the Goods), by placing the Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this offer;
b) he/she consents to the collection, processing, and transfer of personal data, the consent to the processing of personal data is valid for the entire term of the Contract, as well as indefinitely after its expiration. In addition, by concluding the contract, the Buyer confirms that he/she has been informed (without additional notification) about the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, and that his/her personal data are transferred to the Seller for the purpose of executing the terms of this Contract, conducting mutual settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his/her personal data to third parties without any additional notifications of the Buyer for the purpose of executing the Buyer's order. The extent of the Buyer's rights as a personal data subject under the Law of Ukraine "On Personal Data Protection" is known and understood by him/her.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the Internet 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 the market conditions. However, the price of a particular unit of Goods, the cost of which is fully paid by the Buyer, cannot be unilaterally changed by the Seller.
4.3. The cost of the Goods indicated on the website of the Internet store does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer according to the current tariffs of delivery services (carriers) chosen directly by the Buyer.
4.4. The cost of the Goods indicated on the website of the Internet store does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with a corresponding request by sending an email or when placing an order through the operator of the Internet store.
4.6. The Buyer's obligation to pay for the Goods is considered fulfilled from the moment the funds are received by the Seller.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the Internet 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 conformity of the Goods to the qualitative and quantitative characteristics (name of the goods, quantity, completeness).
4.9. The Buyer or their representative, upon receipt of the Goods, confirms by their signature on the sales receipt/order/transportation waybill that there are no claims regarding the quantity, appearance, and completeness of the Goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon self-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 undertakes:
5.1.1. To 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 provided by law and when fulfilling the Buyer's order.
5.2. The Seller has the right:
5.2.1. To change the terms of this Agreement, as well as the prices of Goods and services, unilaterally, by posting them on the website of the Internet store. All changes take effect from the date of their publication.
5.3. The Buyer undertakes:
5.3.1. Before entering into the Agreement, to familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the website of the Internet store.
5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that unambiguously identify them as the Buyer and are sufficient for the delivery of the ordered Goods.
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 form, dimensions, style, color, size, or for other reasons cannot be used by them for their intended purpose. The Buyer has the right to return non-food goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of non-food goods of proper quality is carried out if it has not been used and if its commercial appearance, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for payment of 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 refund to the Buyer of the value of non-food goods of proper quality is made within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller subject to compliance with the requirements set forth in paragraph 6.1. of this Agreement and the current legislation of Ukraine.
6.3. The cost of the goods is refunded to the Buyer by bank transfer to the Buyer's account.
6.4. The return of non-food goods to the Seller's address is carried out at the expense of the Buyer, and the Seller does not reimburse the Buyer for the cost of such return.
6.5. If defects are found in the Goods within the warranty period, the Buyer personally, within the time frame and in the manner prescribed by the legislation of Ukraine, has the right to make claims to the Seller provided for by the Law of Ukraine "On Protection of Consumer Rights." When making claims for free elimination of defects, the deadline for their elimination is calculated from the date of receipt of the Goods by the Seller at their disposal and physical access to such Goods.
6.6. The consideration of claims provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides the documents provided for by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of 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 non-food goods of proper quality that have individually defined properties if the said goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, completeness, etc.). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics indicated on the Internet store.
6.8. The return of goods, in cases provided by law and this Agreement, is carried out to the address indicated on the website in the "Contacts" section.
7. Responsibility
7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely execution of Orders and its obligations in case the Buyer provides false or erroneous 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 the Buyer shall be released from liability for full or partial non-performance of their obligations if such non-performance is a result of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters beyond the control of the Seller and/or the Buyer after the conclusion of this agreement. The Party unable to fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the website of the Internet store during registration or when placing an Order, the Buyer voluntarily gives consent to the Seller for the processing, use (including transfer) of their personal data, as well as the performance 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. Disclosure by the Seller of information to counterparties and third parties acting on the basis of a contract with the Seller, including to fulfill obligations to the Buyer, is not considered a violation, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for maintaining their personal data up to date. The Seller shall not be liable for the improper performance or non-performance of its obligations due to the obsolescence of information about the Buyer or its inconsistency with reality.
9. Other Terms
9.1. This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply 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 as provided in clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the current legislation of Ukraine.
SELLER'S ADDRESS AND DETAILS:
Individual Entrepreneur Harkushyna Anna Oleksiyivna
Ukraine, Kyiv, Knyazya Romana Mstyslavovycha St., Building 4,
Bank account: UA673052990000026009015016232 in PJSC "PRIVATBANK"
MFO 305299
Tax ID 3563803946
Phone: +38-063-189-38-87