PUBLIC CONTRACT (OFFER)
for ordering, purchasing, selling and delivering goods
This Contract constitutes the Seller’s official and public offer to enter into a contract for the sale and purchase of the Goods presented on the website www.capsboard.com. This Contract is public, which means that, pursuant to Article 633 of the Civil Code of Ukraine, its terms are the same for all customers regardless of their status — an individual, legal entity or individual entrepreneur — and no customer is given preference over another. By entering into this Contract, the Buyer fully accepts the terms and procedures for placing an order, paying for the Goods, delivering the Goods, returning the Goods, liability for placing an order in bad faith and all other terms of the Contract. The Contract shall be deemed concluded when the Buyer clicks the «Confirm Order» button on the checkout page in the «Shopping Cart» section and receives electronic confirmation of the order from the Seller.
1. Definitions
1.1. Public Offer, hereinafter referred to as the «Offer», means the Seller’s public proposal addressed to an indefinite number of persons to enter into a distance contract for the sale and purchase of goods with the Seller, hereinafter referred to as the «Contract», under the terms contained in this Offer.
1.2. Goods or Services means the subject matter of the agreement between the Parties that was selected by the Buyer on the Online Store website and placed in the shopping cart or was previously purchased remotely by the Buyer from the Seller.
1.2. Online Store means the Seller’s website at www.capsboard.com, which was created for entering into retail and wholesale sale and purchase contracts after the Buyer reviews the description of the Goods offered by the Seller via the Internet.
1.3. Buyer means a legally capable individual who has reached the age of 18, receives information from the Seller and places an order to purchase Goods presented on the Online Store website for purposes unrelated to business activities, or a legal entity or individual entrepreneur.
1.4. Seller means individual entrepreneur Holubtsova Tetiana Yevheniivna, tax identification number 3097417920, registered and operating in accordance with the applicable legislation of Ukraine, with its registered address at: Apartment 73, 19 Volhohradska Street, Kyiv, 03141, Ukraine.
2. Subject Matter 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 under the terms of this Contract.
2.2. The date on which the Offer Contract is concluded, meaning the date on which the Offer is accepted, and the moment when the Buyer fully and unconditionally accepts the terms of the Contract shall be the date on which the Buyer completes the order form available on the Online Store website, provided that the Buyer receives electronic confirmation of the order from the Seller. Where necessary and at the Buyer’s request, the Contract may be executed in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store using the «Shopping Cart» form or places an order by email or by calling the telephone number stated in the Online Store’s contact section.
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 regarding its accuracy.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfil the order:
3.3.1. the Buyer’s surname and first name;
3.3.2. the address to which the Goods must be delivered, where delivery is to the Buyer’s address;
3.3.3. a contact telephone number;
3.3.4. the tax identification number of a legal entity or individual entrepreneur.
3.4. The name, quantity, product code and price of the Goods selected by the Buyer shall be stated in the Buyer’s shopping cart on the Online Store website.
3.5. If either Party to the Contract requires additional information, that Party 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 any inability to properly fulfil the Buyer’s order when the Buyer purchases Goods from the Online Store.
3.6. When placing an order through the Seller’s operator pursuant to 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 in the registration form on the Online Store website or when placing an Order through an operator. After an Order is placed through an 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 the Order.
3.8. By entering into the Contract, meaning by accepting the terms of this proposal — the proposed terms for purchasing the Goods — through placing an Order, the Buyer confirms the following:
a) the Buyer has fully reviewed and agrees to the terms of this proposal (Offer);
b) the Buyer consents to the collection, processing and transfer of personal data. Consent to the processing of personal data shall remain valid throughout the entire term of the Contract and for an unlimited period after its expiry. In addition, by entering into the Contract, the Buyer confirms that the Buyer has been informed, without further notice, of the rights established by the Law of Ukraine «On Personal Data Protection», of the purposes for which the data is collected and of the fact that the Buyer’s personal data is transferred to the Seller to enable the Seller to fulfil the terms of this Contract, carry out settlements and issue invoices, certificates and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer the Buyer’s personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer’s order. The Buyer is aware of and understands the scope of the Buyer’s rights as a personal data subject under the Law of Ukraine «On Personal Data Protection».
4. Price and Delivery of the Goods
4.1. Prices for the Goods and services are independently determined by the Seller and stated on the Online Store website. All prices for the Goods and services are stated on the website in Ukrainian hryvnias and include VAT.
4.2. The Seller may unilaterally change the prices of the Goods and services depending on market conditions. However, the Seller may not unilaterally change the price of an individual unit of Goods that has already been paid for in full by the Buyer.
4.3. The price of the Goods stated on the Online Store website does not include the cost of delivering the Goods to the Buyer. The Buyer shall pay the delivery cost in accordance with the current rates of the delivery service or carrier directly to the delivery service or carrier selected by the Buyer.
4.4. The price of the Goods stated on the Online Store website does not include the cost of delivering the Goods to the Buyer’s address.
4.5. The Seller may provide an estimated delivery cost to the Buyer’s address when the Buyer submits a corresponding request to the Seller by email or when placing an order through an Online Store operator.
4.6. The Buyer’s obligation to pay for the Goods shall be deemed fulfilled when the funds are credited to the Seller’s account.
4.7. Payments between the Seller and the Buyer for the Goods shall be made using the methods stated in the «Payment and Delivery» section of the Online Store website.
4.8. Upon receiving the Goods, the Buyer must inspect them in the presence of a representative of the delivery service or carrier to ensure that the Goods correspond to their qualitative and quantitative characteristics, including the product name, quantity, completeness and expiry date.
4.9. When accepting the Goods, the Buyer or the Buyer’s representative confirms by signing the sales receipt, order or shipping document that there are no claims regarding the quantity, appearance or completeness of the Goods.
4.10. Ownership of and the risk of accidental loss of or damage to the Goods shall pass to the Buyer or the Buyer’s Representative when the Buyer receives the Goods at the place of delivery where the Seller independently delivers the Goods, or when the Seller transfers the Goods to the delivery service or carrier selected by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller shall:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order.
5.1.2. Not disclose any confidential information about the Buyer or provide third parties with access to such information, except where required by law or necessary to fulfil the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Unilaterally change the terms of this Contract and the prices of the Goods and services by publishing the relevant changes on the Online Store website. All changes shall take effect from the moment they are published.
5.3. The Buyer undertakes to:
5.3.1. Review the contents and terms of the Contract and the prices offered by the Seller on the Online Store website before entering into the Contract.
5.3.2. Provide all information necessary for the Seller to fulfil its obligations to the Buyer, including information that clearly identifies the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
6. Return of the Goods
6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods do not meet the Buyer’s requirements in terms of shape, dimensions, design, colour or size, or cannot be used for their intended purpose for other reasons. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. Goods of proper quality may be returned provided that they have not been used and their merchantable appearance, consumer properties, packaging, seals and labels have been preserved, together with the payment document issued to the Buyer upon payment for the Goods. The list of Goods that may not be returned on the grounds specified in this Clause shall be approved by the Cabinet of Ministers of Ukraine.
6.2. The price of Goods of proper quality shall be refunded to the Buyer within 30 (thirty) calendar days after the Seller receives such Goods, provided that the requirements of Clause 6.1 of the Contract and the applicable legislation of Ukraine have been met.
6.3. The price of the Goods shall be refunded by bank transfer to the Buyer’s account.
6.4. Goods of proper quality shall be returned to the Seller’s address at the Buyer’s expense. The Seller shall not reimburse the Buyer for such expenses.
6.5. If defects in the Goods are discovered within the established warranty period, the Buyer personally has the right, in accordance with the procedure and within the time limits established by Ukrainian legislation, to submit to the Seller the claims provided for by the Law of Ukraine «On Consumer Rights Protection». Where the Buyer submits a claim for the free remedying of defects, the period for remedying those defects shall be calculated from the date on which the Seller receives the Goods and obtains physical access to them.
6.6. Claims provided for by the Law of Ukraine «On Consumer Rights Protection» shall be considered by the Seller provided that the Buyer submits the documents required by the applicable legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arise after their transfer to the Buyer as a result of the Buyer’s violation of the rules for using or storing the Goods, the actions of third parties or force majeure.
6.7. The Buyer does not have the right to reject Goods of proper quality that possess individually defined characteristics if such Goods may be used exclusively by the Buyer who purchased them, including Goods with non-standard dimensions, characteristics, appearance, configuration or other features manufactured at the Buyer’s request. A difference between the dimensions or other characteristics of the Goods and those stated in the Online Store shall confirm that the Goods possess individually defined characteristics.
6.8. In the cases provided for by law and this Contract, the Goods shall be returned to the address stated in the «Contacts» section of the website.
7. Liability
7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of the improper installation, use or storage of Goods purchased from the Seller.
7.2. The Seller shall not be liable for the improper or late fulfilment of Orders or its obligations where the Buyer has provided inaccurate or incorrect information.
7.3. The Seller and the Buyer shall be responsible for fulfilling their obligations in accordance with the applicable legislation of Ukraine and the provisions of this Contract.
7.4. The Seller or the Buyer shall be released from liability for the full or partial failure to fulfil their obligations if such failure results from force majeure circumstances, including war or military operations, an earthquake, flood, fire or other natural disasters that arose independently of the will of the Seller and/or the Buyer after this Contract was concluded. A Party that is unable to fulfil its obligations shall immediately notify the other Party.
8. Confidentiality and Personal Data Protection
8.1. By providing personal data on the Online Store website when registering or placing an Order, the Buyer voluntarily consents to the Seller’s processing, use, including transfer, of the Buyer’s personal data and to the performance of other actions provided for by the Law of Ukraine «On Personal Data Protection», without any limitation on the validity period 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 under an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, shall not constitute a violation. Nor shall disclosure constitute a violation where such disclosure is required by the applicable legislation of Ukraine.
8.3. The Buyer is responsible for keeping the Buyer’s personal data up to date. The Seller shall not be liable for the improper performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.
9. Other Terms
9.1. This Contract is concluded within the territory of Ukraine and shall be governed by the applicable legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the dispute cannot be resolved through negotiations, the Buyer and/or the Seller shall have the right to refer the dispute to the courts in accordance with the applicable legislation of Ukraine.
9.3. The Seller has the right to amend this Contract unilaterally in accordance with Clause 5.2.1 of the Contract. Amendments to the Contract may also be made by mutual agreement of the Parties in accordance with the procedure established by the applicable legislation of Ukraine.
SELLER’S ADDRESS AND PAYMENT DETAILS:
Individual entrepreneur Holubtsova Tetiana Yevheniivna
Apartment 73, 19 Volhohradska Street, Kyiv, 03141, Ukraine
Current account: UA133052990000026001005004166 with JSC CB «PRIVATBANK»
Tax identification number: 3097417920
Tel.: (068) 713-69-06