PUBLIC AGREEMENT (OFFER) for the order, purchase, sale and delivery of goods
This Agreement constitutes the Seller's official and public offer to enter into a purchase and sale agreement for the Goods presented on the website https://madeofwood.pro/. This Agreement is public, meaning that, 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, or sole proprietor), without preference for one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions of order placement, payment for the goods, delivery of the goods, returns, liability for defective orders, and other terms of the Agreement. The Agreement is considered concluded upon clicking the "Confirm Order" button on the checkout page in the "Cart" section and upon receipt of an electronic order confirmation from the Seller.
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 number of persons, to enter into a contract of sale and purchase of goods remotely with the Seller (hereinafter referred to as the “Agreement”) under the terms and conditions contained in this Offer.
1.2. A Product or Service is an object of an agreement between the parties, selected by the Buyer on the website of the Online Store and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.
1.2. The online store is the Seller's website at www. https://madeofwood.pro/ created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet.
1.3. The Buyer is a legally competent individual who has reached the age of 18, receives information from the Seller, places an order to purchase a product presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.4. Seller – individual entrepreneur Malik Yaroslav Ivanovich identification code 171 030 14 58
, an individual created and operating in accordance with the current legislation of Ukraine, whose location is: 79052, Lviv, Subbotovskaya Street 7, apt. 20_
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 shall be deemed the date the Buyer completes the order form posted on the Online Store website, provided that the Buyer receives an electronic order confirmation from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store using the "Cart" form, or by placing an order by email or by phone, specified in the contacts 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 doubts about its validity.
3.3. When placing an order on the website of the Online Store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. Buyer’s surname and first name;
3.3.2. the address to which the Goods should be delivered (if delivery is 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 Product selected by the Buyer are indicated in the Buyer’s shopping cart on the website of the Online Store.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the required information, the Seller shall not be liable for providing the Buyer with quality service when purchasing goods from 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.
3.6. The Buyer accepts the terms of this Offer by entering the relevant information into the registration form on the Online Store website or by placing an Order through the Operator. After placing an Order through the Operator, the Buyer's information is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. By concluding the Agreement, i.e. accepting the terms of this offer (the proposed terms for the purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully aware of and agrees with the terms of this offer;
b) he gives permission to collect, process and transfer personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding
By entering into this Agreement, the Buyer confirms that they have been informed (without further notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data," the purposes of data collection, and that their personal data is being transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, certificates, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any further notice to the Buyer for the purpose of fulfilling the Buyer's order. The Buyer is aware of and understands the scope of their rights as a personal data subject under the Law of Ukraine "On the Protection of Personal Data."
4. Price and Delivery of Goods
4.1 Prices for goods and services are determined by the seller independently and are listed on the online store website. All prices for goods and services are listed on the website in hryvnias, including VAT.
4.2 Prices for goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of an individual unit of Goods, the cost of which has been paid in full by the Buyer, may not be changed unilaterally by the Seller.
4.3. The price of the Product indicated on the Online Store website does not include the cost of delivery to the Buyer. The Buyer pays the cost of delivery directly to the chosen delivery service (carrier) in accordance with the current rates of the delivery services (carriers).
4.4. The price 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 submits 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 specified 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 conformity of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative, upon acceptance of the Goods, confirms by his signature on the sales receipt/or on the order/or on the delivery note for the goods that there are no claims regarding the quantity of the goods, the appearance and completeness of the goods.
4.10. Ownership and risk of accidental loss or damage to the Goods shall pass to the Buyer or their Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods upon independent delivery of the Goods from the Seller or upon the Seller's transfer of the Goods to the delivery service (carrier) selected by the Buyer.
5. Rights and obligations of the Parties
5.1. The seller is obliged to:
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 in cases provided by law and when fulfilling the Buyer's Order.
5.2. The seller has the right:
5.2.1 Unilaterally change the terms of this Agreement, as well as the prices for Goods and Services, by posting them on the Online Store website. All changes take effect upon publication.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the Online Store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary information that clearly identifies it 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 non-food products of proper quality to the Seller if the product does not satisfy the Buyer due to its shape, dimensions, style, color, size, or if it cannot be used for its intended purpose for other reasons. The Buyer has the right to return products of proper quality within 14 (fourteen) days, not counting the day of purchase. Products of proper quality may be returned if they have not been used and if their presentation, consumer properties, packaging, seal, labels, and the payment document issued to the Buyer for payment for the Product are preserved. The list of products that cannot be returned on the grounds specified in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the cost of goods of proper quality to the Buyer shall be made within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, subject to the requirements stipulated in paragraph 6.1. of the Agreement and the current legislation of Ukraine.
6.3. The cost of the goods is subject to refund by bank transfer to the Buyer's account.
6.4. Return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and will not be reimbursed by the Seller to the Buyer.
6.5. If defects in the Product are discovered during the established warranty period, the Buyer has the right to personally, in the manner and within the timeframes established by Ukrainian legislation, submit claims to the Seller as provided for by the Law of Ukraine "On the Protection of Consumer Rights." When submitting claims for free elimination of defects, the period for their elimination begins from the date the Seller receives the Product and gains physical access to such Product.
6.6. The Seller will consider claims stipulated by the Law of Ukraine "On the Protection of Consumer Rights" upon the Buyer's provision of documents stipulated by current Ukrainian legislation. The Seller is not liable for any defects in the Product that arise after its delivery to the Buyer due to the Buyer's violation of the rules for the use or storage of the Product, the actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse a product of proper quality with unique properties if said product can only be used by the Buyer who purchased it (including, at the Buyer's request, non-standard sizes, characteristics, appearance, and accessories, etc.). Confirmation that the product has unique properties is a difference in the product's dimensions and other characteristics from those specified in the online store.
6.8. Return of goods, in cases stipulated by law and this Agreement, is made to the address indicated on the website in the "Contacts" section.
7. Responsibility
7.1. The Seller shall not be liable for 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 fulfillment of Orders or 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 shall be released from liability for any failure to fulfill their obligations, in whole or in part, if such failure is due to force majeure circumstances such as war or military action, earthquakes, floods, fires, or other natural disasters that arise beyond the control of the Seller and/or Buyer after the conclusion of this Agreement. The Party that is able to fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer provides the Seller with their voluntary consent to the processing, use (including transfer) of their personal data, as well as
performance of other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the term of such consent.
8.2. The Seller undertakes to maintain confidentiality of information received from the Buyer. Providing information to counterparties and third parties acting under an agreement with the Seller, including for the fulfillment of obligations to the Buyer, and in cases where disclosure of such information is required by current Ukrainian legislation, shall not be considered a violation.
8.3. The Buyer is responsible for maintaining their personal information up-to-date. The Seller shall not be liable for poor performance or failure to fulfill its obligations due to the Buyer's information being out of date or inaccurate.
9. Other conditions
9.1. This agreement is 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 shall be resolved through negotiations. If a settlement of the dispute cannot be reached through negotiations, the Buyer and/or the Seller have the right to seek judicial resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally, as provided for in paragraph 5.2.1 of the Agreement. Furthermore, amendments to the Agreement may be made by mutual consent of the Parties in accordance with the procedure established by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER: SOLE PROPRIETOR Y. I. Malik
79052 Lviv, Subotovskaya St., 7, Apt. 20, JSC CB PrivatBank
INN 171 030 14 58 IBAN RU303052990000026009011041159
tel. +380730188574