PUBLIC OFFER AGREEMENT
for ordering, purchasing, and delivering goods
This agreement constitutes an official and public offer by the Seller to enter into a contract for the sale of Goods presented on the website grandgeorge.com.ua. This agreement is public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are uniform for all buyers, regardless of their status (individual, legal entity, individual entrepreneur), without granting preference to one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and conditions for placing an order, paying for goods, delivering goods, returning goods, liability for unfair orders, and all other terms of the agreement. The agreement is considered concluded from the moment the "Confirm Order" button is clicked on the order placement page in the "Cart" section and the Buyer receives order confirmation from the Seller in electronic form.
1. Definition of Terms
1.1. Public Offer (hereinafter - "Offer") - a public proposal by the Seller, addressed to an indefinite circle of persons, to enter into a contract for the sale of goods remotely (hereinafter - "Agreement") with the Seller on the terms contained in this Offer.
1.2. Goods or Service – the object of agreement between the parties, chosen by the buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.2. Online Store – the Seller's website at grandgeorge.com.ua, created for concluding retail and wholesale purchase agreements based on the Buyer's familiarization with the Seller's proposed description of the Goods via the Internet.
1.3. Buyer – a legally capable individual who has reached 18 years of age, receives information from the Seller, places orders for the purchase of goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.4. Seller – IE KHRYSTUNENKO NATALIIA MYKHAILIVNA (identification code 2811900785), a legal entity established and operating in accordance with the current legislation of Ukraine, whose registered address is: Ukraine, Lviv, P. Pancha Str., bld. 8, apt. 4.
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 on 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 of the Agreement terms by the Buyer is considered the date the Buyer fills out the order form located on the Online Store website, provided the Buyer receives order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be executed in written form.
3. Order Placement
3.1. The Buyer independently places an order in the Online Store through the "Cart" form, or by placing an order via email or by phone number indicated 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 during order placement is incomplete or raises suspicion 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 fulfill the order:
3.3.1. Buyer's surname and first name;
3.3.2. 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 Goods chosen by the Buyer are indicated in the Buyer's cart on the Online Store website.
3.5. If either Party to the agreement requires additional information, they have the right to request it from the other Party. In case the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.1
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.2
3.6. 3The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering relevant data into the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data 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., by accepting the terms of this offer (the proposed terms for purchasing the Goods) through placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this offer;
b) The Buyer gives permission for the collection, processing, and transfer of personal data; the permission for processing personal data is valid throughout the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the agreement, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection," of the purposes of data collection, and also that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, enabling mutual settlements, and for receiving invoices, acts, 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 additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as4 a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by them.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. 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. However, the price of a separate unit of Goods, the value of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of Goods delivery according to the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by them.
4.4. The cost of Goods indicated on the Online Store website does not include the cost of delivering the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivering 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.5
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the 6funds are received into the Seller's account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the Online Store website in the "Payment and Delivery" section.
4.8. Upon receipt of the goods, the Buyer must check the conformity of the Goods to their qualitative and quantitative characteristics (product name, quantity, completeness, expiration date) in the presence of the delivery service (carrier) representative.
4.9. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature on the sales receipt/or in the order/or in the transport waybill for goods delivery, that there are no claims regarding the quantity of the goods, their appearance, and completeness.
4.10. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment the Buyer receives the Goods at the place of Goods delivery in case of self-delivery of the Goods from the Seller, or at the time 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 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 disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and during the fulfillment of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1. Change the terms of this Agreement, as well as prices for Goods and services, unilaterally, by posting them on the Online Store website. All changes come into force from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website.
5.3.2. For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identify them as the Buyer and are 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 goods of proper quality to the Seller if the goods did not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for their 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 carried out if they have not been used and if thei7r marketable condition, consumer properties, packaging, seals, labels, and the settlement document issued to the Buyer for payment of the Goods are preserved. The list of goods not subject to return on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the cost of goods of proper quality to the Buyer is made within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided that the requirements stipulated in Clause 6.1. of the Agreement and current legislation of Ukraine are met.8
6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.9
6.4. The return of goods of proper quality to the Seller's addr10ess is at the Buyer's expense and is not reimbursed by the Seller to the Buyer.11
6.5. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within t12he terms established by the legislation of Ukraine, has the right to present demands to the Seller provided by the Law of Ukraine "On Consumer Rights Protection." When presenting demands for free elimination of defects, the term for their elimination is calculated from the date the Seller receives the Goods at their disposal and physical access to such Goods.
6.6. The consideration of claims provided by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller provided that the Buyer submits documents provided 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 goods of proper quality that have individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, completeness, etc.). Confirmation that the goods have individually defined properties is the difference in the sizes of the goods and other characteristics indicated in the online store.
6.8. The return of goods, in cases provided by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section.
7. Responsibility
7.1. The Seller is not liable for damages caused to the Buyer or third parties as a result of improper installation, use, or storage of Goods purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfillment of Orders and its obligations in case the Buyer provides inaccurate 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 are released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations immediately notifies the other Party thereof.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the Online Store website during registration or order placement, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided by the Law of Ukraine "On Personal Data Protection," without limitation of the term of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. The Seller's provision of information to contractors and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of 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, 13is not considered a violation.
8.3. The Buyer is responsible for maintaining their personal data in an up-to-date state. The Seller is not responsible for low-quality performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its non-conformity with reality.
9. Other Terms
9.1. This agreement is concluded on the territory of Ukraine and operates 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 settle a dispute through negotiations, the Buyer and/or the Seller have the right to apply to judicial bodies for resolution of the dispute in accordance with the current legislation of Ukraine.14
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 i15n the manner provided by the current legislation of Ukraine.
SELLER'S ADDRESS AND BANK DETAILS:
IE KHRYSTUNENKO NATALIIA MYKHAILIVNA
Ukraine, Lviv, P. Pancha Str., bld. 8, apt. 4
IBAN: UA463052990000026007031001308
at JSC CB "PRIVATBANK"
MFO 305299
Code 2811900785
Tel. +38(067)-120-23-26