Terms of service

PUBLIC OFFER AGREEMENT

This agreement is an official and public offer from the Seller to enter into a contract of sale for the Goods presented on the website https://www.instagram.com/_.pasat.__/. This agreement is public, which means, 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 entering into this Agreement, the Buyer fully accepts the terms and conditions for placing an order, paying for the goods, delivering the goods, returning the goods, liability for a fraudulent order, and all other terms of the Agreement. The agreement is considered concluded from the moment the Buyer clicks the "Confirm Order" button on the order placement page in the "Cart" section and receives an electronic order confirmation from the Seller.

1. Definition of Terms

  1. 1.1. Public offer (hereinafter - "Offer") is a public proposal from the Seller, addressed to an indefinite number of persons, to enter into a distance sales contract (hereinafter - "Agreement") with the Seller on the terms contained in this Offer.
  2. 1.2. Product or Service - the subject of the agreement between the parties, which was chosen by the Buyer on the Online Store website and placed in the cart, or has already been purchased by the Buyer from the Seller by a distance method.
  3. 1.3. Online Store - the Seller's website at https://www.instagram.com/_.pasat.__/, created for entering into retail and wholesale sales agreements based on the Buyer's familiarization with the description of the Product offered by the Seller via the Internet.
  4. 1.4. Buyer - a legally capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Online Store website for purposes not related to business activities, or a legal entity or individual entrepreneur.
  5. 1.5. The Seller is the individual entrepreneur Passat K.D. (identification code 3686107306), acting in accordance with the current legislation of Ukraine.

2. Subject of the Agreement

  1. 2.1. The Seller undertakes to transfer ownership of the Product to the Buyer, and the Buyer undertakes to pay for and accept the Product on the terms of this Agreement.
  2. 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 is the date the Buyer fills out the order form located on the Online Store website, provided the Buyer receives an electronic order confirmation from the Seller. If necessary, at the request of the Buyer, the Agreement may be concluded in writing.

Order Placement

  1. 2.3. The Buyer places an order in the Online Store through the "Cart" form, or by placing an order via email, or by calling the phone number specified in the contact section of the Online Store.
  2. 2.4. 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 suspicions about its authenticity.
  3. 2.5. 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:
    • Buyer's last name, first name;
    • address to which the Product should be delivered (in case of delivery to the Buyer's address);
    • contact phone number.
    • Identification code of the legal entity or individual entrepreneur.
  4. 2.6. The name, quantity, артикул, and price of the Product chosen by the Buyer are indicated in the Buyer's cart on the Online Store website.
  5. 2.7. If any of the Parties to the Agreement needs additional information, they have the right to request it from the other Party. In the event of non-provision of the necessary information by the Buyer, the Seller is not responsible for providing quality services to the Buyer when purchasing goods in the Online Store.
  6. 2.8. When placing an order through the Seller's operator (Clause 3.1. of this Offer), the Buyer undertakes to provide the information specified in Clause 3.3 - 3.4. of this Offer.
  7. 2.9. 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 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.
  8. 2.10. The Buyer is responsible for the accuracy of the information provided when placing an Order.
  9. 2.11. By entering into the Agreement, i.e., accepting the terms of this offer (the proposed terms for the purchase of the Product), by placing an Order, the Buyer confirms the following:
    • The Buyer is fully and completely familiar with and agrees to the terms of this offer;
    • Grants permission for the collection, processing, and transfer of personal data; the permission for personal data processing 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 notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection," about 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, conducting mutual settlements, and for 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 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 the Buyer.

4. Price and Delivery of Goods

  1. 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.
  2. 4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. In this case, the price of a single unit of Goods, the value of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
  3. 4.3. The cost of the Product specified on the Online Store website does not include the cost of delivering the Product to the Buyer. The Buyer pays the cost of the Product delivery in accordance with the current tariffs of the delivery services (carriers) directly to the chosen delivery service (carrier).
  4. 4.4. The cost of the Product specified on the Online Store website does not include the cost of delivering the Product to the Buyer's address.
  5. 4.5. The Seller may indicate the estimated cost of delivering the Product to the Buyer's address when the Buyer contacts the Seller with a request by sending an email or when placing an order through the Online Store operator.
  6. 4.6. The Buyer's obligation to pay for the Product is considered fulfilled from the moment the funds are credited to the Seller's bank account.
  7. 4.7. Settlements between the Seller and the Buyer for the Product are carried out by the methods specified on the Online Store website in the "Payment and Delivery" section.
  8. 4.8. Upon receipt of the Product, the Buyer is obliged, in the presence of a representative of the delivery service (carrier), to check the conformity of the Product to its qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
  9. 4.9. By accepting the Product, the Buyer or their representative confirms with their signature on the sales receipt / or in the order / or in the waybill for the delivery of the goods, that they have no claims regarding the quantity of the goods, their appearance, and completeness.
  10. 4.10. The right of ownership and the risk of accidental loss or damage to the Product passes to the Buyer or their Representative from the moment the Buyer receives the Product in the city of delivery of the Product in the case of self-pickup of the Product from the Seller, or at the moment the Seller transfers the product to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

The Seller is obliged to:

  1. 5.1. Transfer the product to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
  2. 5.2. 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 in the process of fulfilling the Buyer's Order.

The Seller has the right to:

  1. 5.3. Change the terms of this Agreement, as well as the 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.

The Buyer undertakes to:

  1. 5.4. 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.
  2. 5.5. For the Seller to be able to fulfill their obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies them as the Buyer and is sufficient for the delivery of the ordered Product to the Buyer.

6. Product Returns

SELLER'S ADDRESS AND DETAILS: FOP Passat K.D. 10002, Zhytomyr, st. Chudnivska, bldg. 110, apt. 43 bank account UA593052990000026008006409406 at JSC CB "PrivatBank" Code 3686107306
  1. 6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the product did not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by them for its intended purpose. The Buyer has the right to return a product of proper quality within 14 (fourteen) days, not counting the day of purchase. A product of proper quality is subject to return if it has not been used and if its marketable appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment for the Product, have been preserved. The list of goods not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
  2. 6.2. The cost of a product of proper quality is returned to the Buyer within 30 (thirty) calendar days from the day the Seller receives such a Product, provided that the requirements stipulated in clause 6.1. of this Agreement, and the current legislation of Ukraine are met.
  3. 6.3. The cost of the product is returned by bank transfer to the Buyer's account.
  4. 6.4. The return of a product of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.
  5. 6.5. In case of detection of defects in the Product during the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to make demands to the Seller provided for by the Law of Ukraine "On Consumer Rights Protection." In case of making demands for free elimination of defects, the term for their elimination is calculated from the moment the Seller takes possession of the Product and has physical access to such Product. Consideration of the demands provided for by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller provided that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Product that arose after its transfer to the Buyer due to the Buyer's violation of the rules of use or storage of the Product, actions of third parties, or force majeure.
  6. 6.6. The Buyer has no right to refuse a product of proper quality with individually defined properties if the specified product can be used exclusively by the Buyer who purchased it (including at the Buyer's request, non-standard sizes, characteristics, appearance, completeness, etc.). Confirmation that the product has individually defined properties is the difference in the sizes of the product and other characteristics specified in the online store.
  7. 6.7. The return of 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

  1. 7.1. The Seller is not responsible for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Product purchased from the Seller.
  2. 7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and their obligations in case the Buyer provides false or erroneous information.
  3. 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.
  4. 7.4. The Seller or the Buyer are released from liability for full or partial non-fulfillment of their obligations if it is a consequence of force majeure circumstances, such as war or hostilities, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations must immediately notify the other Party.

8. Confidentiality and Personal Data Protection.

  1. 8.1. By providing their personal data on the Online Store website during registration or order placement, the Buyer gives the Seller voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection," without limiting the term of such consent.
  2. 8.2. The Seller undertakes not to disclose the information received from the Buyer. The provision of information by the Seller to counterparties and third parties acting on the basis of an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, is not considered a violation, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
  3. 8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for improper fulfillment or non-fulfillment of their obligations due to the outdatedness of the information about the Buyer or its inconsistency with reality.

9. Other Conditions

  1. 9.1. This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
  2. 9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to reach an agreement through negotiations, the Buyer and/or the Seller have the right to apply to the courts in accordance with the current legislation of Ukraine.
  3. 9.3. The Seller has the right to make changes to this Agreement unilaterally in the manner provided for in clause 5.2.1. In addition, changes to the Agreement may also be made by mutual agreement of the Parties in the manner provided for by the current legislation of Ukraine.


SELLER'S ADDRESS AND DETAILS:

  1. FOP Passat K.D.
  2. 10002, Zhytomyr,
  3. st. Chudnivska, 110, apt. 43
  4. bank account UA593052990000026008006409406 at JSC CB "PrivatBank"
  5. Code 3686107306