PUBLIC CONTRACT (OFFER)
for ordering, purchase and sale, and delivery of goods
This contract is an official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website kasybag.com.ua. This contract 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, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and conditions of ordering, payment for the goods, delivery of the goods, return of the goods, liability for dishonest ordering, and all other terms of the contract. The contract 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 electronically from the Seller.
1.1. Public Offer (hereinafter - the "Offer") - a public proposal of the Seller, addressed to an indefinite number of persons, to conclude a distance contract of sale of goods (hereinafter - the "Contract") with the Seller on the terms contained in this Offer.
1.2. Goods or Service – the subject of the agreement between the parties, which was chosen by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store – the Seller's website at www.kasybag.com.ua created for concluding 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.
1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places orders for the purchase of goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.5. Seller – **Individual Entrepreneur Kasyanova Alina Viktorivna** (identification code **3299010388**), an individual entrepreneur who is established and operates in accordance with the current legislation of Ukraine, whose location is: **Ukraine**, city of **Zaporizhzhia**, str. **Zakarpatskoho Lehiionu**, building **25a, ap. 68**.
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 terms of the Agreement by the Buyer is the date the Buyer fills out the order form located on the website of the Online Store, provided the Buyer receives order confirmation from the Seller electronically. If necessary, at the request of the Buyer, the Contract may be executed in writing.
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 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 specified by the Buyer when placing the order is incomplete or raises suspicion regarding its authenticity.
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. surname, name of the Buyer;
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 Goods chosen by the Buyer are indicated in the Buyer's cart on the website of the Online Store.
3.5. If any of the Parties to the contract requires additional information, they have the right to request it from the other Party. If the necessary information is not provided by the Buyer, the Seller is not responsible for providing quality services to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (p. 3.1. of this Offer), the Buyer undertakes to provide the information specified in p. 3.3 – 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the website of the Online Store or when placing an Order through the operator. After placing the Order through the Operator, the data about the Buyer is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Contract, i.e., by accepting the terms of this proposal (the proposed terms for the purchase of 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 proposal (offer);
b) The Buyer gives permission for the collection, processing, and transfer of personal data; the permission for personal data processing is valid throughout the entire term of the Contract, as well as for an unlimited period 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," about the purposes of data collection, and about the fact that his/her personal data is transferred to the Seller to enable the fulfillment of the terms of this Contract, the possibility of mutual settlements, and to receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer his/her personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights, as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection," is known and understood by him/her.
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the Online 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 unilaterally changed by the Seller depending on market conditions. However, the price of a single unit of Goods, the cost of which has been 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 Online Store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by them.
4.4. The cost of the Goods indicated on the website of the Online 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 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 funds are received by the Seller to his/her account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the website of the Online Store in the section "Payment and Delivery".
4.8. Upon receipt of the goods, the Buyer must check the Goods for compliance with qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).
4.9. The Buyer or his/her representative, upon acceptance of the Goods, confirms with his/her signature on the sales receipt / or in the order / or in the transport waybill for the delivery of goods that he/she has no complaints about 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 passes to the Buyer or his/her Representative from the moment the Goods are received by the Buyer at the place of delivery of the Goods during self-delivery of the Goods from the Seller, or during the transfer of the goods by the Seller to the delivery service (carrier) chosen by the Buyer.
5.1. The Seller is obliged to:
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 private information about the Buyer and not provide access to this information to third parties, except in 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 Contract, as well as the prices for Goods and services, unilaterally, by posting them on the website of the Online Store. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Contract, familiarize himself/herself with the content of the Contract, the terms of the Contract, and the prices offered by the Seller on the website of the Online Store.
5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must report all necessary data that uniquely identify him/her as the Buyer, and are sufficient for the delivery of the ordered Goods to the Buyer.
6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not satisfy him/her in terms of shape, size, 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, excluding the day of purchase. The return of goods of proper quality is carried out if they have not been used and if their marketable appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Goods, have been 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 refund of the cost of goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, subject to compliance with the requirements provided for in p. 6.1. of the Contract and the current legislation of Ukraine.
6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.
6.4. The return of Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and is not reimbursed by the Seller to the Buyer.
6.5. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller provided for by the Law of Ukraine "On Consumer Protection." When making claims for the free elimination of defects, the term for their elimination is counted from the date the Seller receives the Goods at its disposal and physical access to such Goods.
6.6. Consideration of claims provided for by the Law of Ukraine "On Consumer Protection" is carried out by the Seller provided the Buyer submits 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 has no right to refuse goods of proper quality that have individually determined 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 determined properties is the difference in the size of the goods and other characteristics indicated in the online store.
6.8. The return of goods, in cases provided for by law and this Contract, is carried out at the address specified on the website in the "Contacts" section.
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in case the Buyer provides inaccurate or false 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 Contract.
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 operations, 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 immediately notifies the other Party about it.
8.1. By providing his/her personal data on the website of the Online Store during registration or placing an Order, the Buyer gives the Seller his/her voluntary consent to the processing, use (including transfer) of his/her 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. The provision of information by the Seller to contractors and third parties acting on the basis of an agreement with the Seller, including for the purpose of fulfilling 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, is not considered a violation.
8.3. The Buyer is responsible for keeping his/her personal data up-to-date. The Seller is not responsible for the poor quality performance or non-performance of its obligations due to the irrelevance of the information about the Buyer or its non-conformity with reality.
9.1. This contract is concluded in the territory of Ukraine and is governed by 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 resolve the dispute through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for dispute resolution in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Contract unilaterally, as provided for in p. 5.2.1. of the Contract. In addition, changes to the Contract may also be made by mutual agreement of the Parties in the manner provided for by the current legislation of Ukraine.
IE Kasyanova Alina Viktorivna