Offer agreement

PUBLIC CONTRACT (OFFER) For Ordering, Purchase, and Delivery of Goods

This contract is the official and public offer of the Seller to conclude a purchase and sale agreement for the goods presented on the website www.ubsmarket.com. This contract is public, meaning its terms are the same for all buyers regardless of their status (individual, legal entity, or sole proprietor) and without giving preference to one buyer over another, in accordance with Article 633 of the Civil Code of Ukraine. By concluding this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment, delivery, return of goods, liability for improper orders, and all other terms of this contract. The Agreement is deemed concluded from the moment the Buyer clicks the "Confirm Order" button on the order page in the "Cart" section and receives confirmation of the order from the Seller electronically.

1. Definitions

1.1. Public Offer (hereinafter referred to as "Offer") – a public proposal by the Seller addressed to an undefined circle of persons to conclude a purchase and sale agreement for goods remotely (hereinafter referred to as "Agreement") under the terms contained in this Offer.

1.2. Goods or Services – the subject of the agreement chosen by the Buyer on the Internet store’s website, placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.3. Internet Store – the Seller’s website located at www.ubsmarket.com, created for entering into retail and wholesale purchase and sale agreements based on the Buyer’s familiarization with the Seller’s offered product descriptions via the Internet.

1.4. Buyer – a capable individual of at least 18 years of age who receives information from the Seller, and places an order for the purchase of goods presented on the Internet store’s website for purposes not related to entrepreneurial activities, or a legal entity or sole proprietor.

1.5. Seller – Sole Proprietor Sokolova Iryna Valentynivna (ID 2834714601), a legal entity established and operating under the current legislation of Ukraine.

2. The 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 the 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 is the date the Buyer completes the order form located on the Internet store’s website, provided the Buyer receives confirmation of the order from the Seller electronically. If necessary, at the Buyer’s request, the Agreement may be formalized in writing.

3. Placing an Order

3.1. The Buyer independently places an order in the Internet store through the "Cart" form, or by placing an order via email or phone number listed in the Internet store’s contact section.

3.2. The Seller reserves the right to refuse to process the Buyer’s order if the information provided by the Buyer is incomplete or raises suspicion about its validity.

3.3. When placing an order on the Internet store’s website, the Buyer must provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. Buyer’s last name and first name; 3.3.2. Address for delivery (if delivery is to the Buyer’s address); 3.3.3. Contact phone number; 3.3.4. Identification code for a legal entity or sole proprietor.

3.4. The name, quantity, article number, and price of the selected Goods are indicated in the Buyer’s cart on the Internet store’s website.

3.5. If additional information is required by any Party to the Agreement, they are entitled to request it from the other Party. If 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 Internet store.

3.6. By placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer must provide the information specified in clauses 3.3 and 3.4 of this Offer.

3.6. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the website of the online store or when placing the Order through the operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.

3.7. The Buyer bears responsibility for the accuracy of the information provided when placing the order.

3.8. By entering into the Agreement, i.e., by accepting the terms of this Offer (the proposed terms of purchasing the Goods) by 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. Permission for the processing of personal data is valid for the entire term of the Agreement and for an indefinite period after its termination. Additionally, by entering into 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," the purpose of data collection, and the fact that their personal data is transferred to the Seller for the purpose of fulfilling the conditions of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notifications to the Buyer to fulfill the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data under the Law of Ukraine "On Personal Data Protection" is known and understood by the Buyer.

4. Price and Delivery of Goods

4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Internet store’s website. All prices for Goods and services are listed in hryvnias, including VAT.

4.2. Prices for Goods and services may change by the Seller unilaterally depending on market conditions. At the same time, the price of a specific unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.

4.3. The cost of Goods indicated on the Internet store’s website does not include the cost of delivery of Goods to the Buyer. The cost of delivery of Goods is paid by the Buyer according to the current rates of delivery services (carriers) directly to the selected delivery service (carrier).

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 an approximate delivery cost of the Goods to the Buyer’s address at the Buyer’s request by sending a letter to the Seller’s email or when placing an order through the Internet store’s operator.

4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds on their account.

4.7.Settlements between the Seller and the Buyer for the Goods are made in the ways indicated on the Internet store’s website in the "Payment and Delivery" section.

4.8. Upon receipt of the Goods, the Buyer must, in the presence of the delivery service (carrier) representative, check the compliance of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).

4.9. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature on the delivery note/order/transport invoice that they have no claims regarding the quantity, appearance, or completeness of the Goods.

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 Goods are received by the Buyer at the place of delivery of the Goods. In case of self-delivery of Goods from the Seller or during the transfer of Goods by the Seller to the delivery service (carrier) chosen by the Buyer, the risk passes from the moment of transfer.

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 for cases provided for by law and during the execution 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 the prices for the Goods and services, unilaterally, by posting them on the website of the Online Store. All changes shall come into force from the moment of their publication. 

5.3 The Buyer undertakes: 

5.3.1 Before concluding the Agreement, familiarize himself 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 data that uniquely identifies him 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 to the Seller non-food goods of proper quality, if the goods did not satisfy him in shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if it was not used and if its presentation, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine. 

6.2. The Buyer is refunded the cost of goods of proper quality within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements provided for in clause 6.1. of the Agreement, 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. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller does not compensate the Buyer. 

6.5. In the event of defects in the Goods being discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights". When presenting requirements for free elimination of defects, the term for their elimination is counted from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods. 

6.6. Consideration of the requirements stipulated by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller provided that the Buyer provides documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that have arisen after their transfer to the Buyer as a result of the Buyer's violation of the rules for the 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 non-standard sizes, characteristics, appearance, equipment, etc. at the Buyer's request). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics specified in the online store. 

6.8. The return of the goods, in cases provided for by law and this Agreement, is carried out at the address specified on the website in the "Contacts" section.

7. Liability

7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller. 

7.2. The Seller is not liable for improper, untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or erroneous information. 

7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement. 

7.4. The Seller or the Buyer are exempt from liability for full or partial failure to fulfill their obligations if the failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and / or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party. 

8. Confidentiality and protection of personal data.

8.1. By providing its personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller its voluntary consent to the processing, use (including transfer) of its personal data, as well as to perform other actions stipulated by the Law of Ukraine "On Personal Data Protection", without limiting the term of validity of such consent. 

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill 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. 

8.3. The Buyer is responsible for keeping its personal data up to date. The Seller is not liable for poor performance or failure to perform its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality. 

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 are resolved through negotiations. In the event of failure to resolve the dispute through negotiations, the Buyer and/or the Seller have the right to apply for resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine. 

9.3. The Seller has the right to make amendments to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.