PUBLIC CONTRACT (OFFER)
for ordering, buying, selling, and delivering goods

 

This contract is an official and public offer from the Seller to conclude a sales contract for the Goods presented on the website teploceramic.com.ua. This contract is public, meaning that, in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Contract, the buyer fully accepts the terms and procedures for placing an order, payment for goods, delivery of goods, return of goods, liability for fraudulent orders, and all other conditions of the contract. The contract is considered concluded at the moment the "Confirm Order" button is pressed on the order confirmation page in the "Cart" section and the Buyer receives confirmation of the order electronically from the Seller.

 

1. Definitions

1.1. Public offer (hereinafter referred to as the "Offer") - a public proposal from the Seller addressed to an indefinite circle of individuals to conclude a distance sales contract for the goods (hereinafter referred to as the "Contract") under the conditions contained in this Offer.
1.2. Goods or Services – the object of the agreement between the parties, which was selected by the buyer on the website of the Online Store and placed in the cart or already purchased by the Buyer from the Seller in a distance manner.
1.3. Online Store – the Seller's website located at https://sushimo.eu/ , created for concluding retail and wholesale purchase and sale contracts based on the Buyer's acquaintance 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 Online Store's website for purposes not related to business activities, or a legal entity or individual entrepreneur.

1.5. Seller – Individual Entrepreneur Lutsenko Violetta Mykolaivna (identification code 3482205883), a legal entity created and operating in accordance with the current legislation of Ukraine, located at: 39600, Kremenchuk, Tkaivska St., Building 89A.

 

2. Subject 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 of conclusion of the contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is considered the date of filling out the order form by the Buyer on the Online Store's website, provided that the Buyer receives confirmation of the order electronically from the Seller. If necessary, at the Buyer's request, the Contract may be formalized in writing.

 

3. Placing an Order

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 at the number indicated 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 during the order placement is incomplete or raises doubts about its validity.
3.3. When placing an order on the Online Store's website, the Buyer agrees to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. Surname, first name of the Buyer;
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, and price of the selected Goods are indicated in the Buyer's cart on the Online Store's website.
3.5. If either party to the contract requires additional information, they have the right to request it from the other party. In case the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods from the online store.
3.6. When placing an order through the Seller's operator (p. 3.1. of this Offer), the Buyer agrees 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 entering the relevant data in the registration form on the Online Store's 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.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By entering into the Contract, i.e., accepting the terms of this proposal (the proposed terms for the purchase of Goods), by placing the Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this proposal (offer);

b) The Buyer gives permission for the collection, processing, and transfer of personal data; this permission for processing personal data is valid throughout the duration of the Contract, as well as for an unlimited period after its expiration. In addition, by entering into the contract, the Buyer confirms that they have been informed (without further notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data," the purposes of data collection, and that their personal data is being transferred to the Seller for the purpose of fulfilling the terms of this Contract, the possibility of conducting settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access 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 as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" 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 website of the Online Store. All prices for Goods and services listed on the website are 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 specific 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 Online Store website does not include the cost of delivery of the Goods to the Buyer. The Buyer pays for the delivery of the Goods according to the current tariffs of delivery services (carriers) directly to the service chosen by them.
4.4 The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer’s address.
4.5 The Seller may provide an approximate cost of delivery of the Goods to the Buyer’s address when the Buyer makes a relevant inquiry to the Seller by sending an email or when placing an order through the online store operator.
4.6 The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the funds are received by the Seller in their account.
4.7 Settlements between the Seller and the Buyer for the Goods are made by the methods indicated on the Online Store website in the "Payment and Delivery" section.
4.8 Upon receipt of the Goods, the Buyer must check the compliance of the Goods with qualitative and quantitative characteristics (name of the product, quantity, completeness, expiration date) in the presence of a representative of the delivery service (carrier).
4.9 The Buyer or their representative, upon receiving the Goods, confirms with their signature in the goods receipt/ or in the order/ or in the transport waybill for the delivery of goods that they have no claims regarding the quantity of the Goods, the external appearance, and 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 in the place of delivery of the Goods during self-delivery from the Seller or when the Seller hands the Goods over to the delivery service (carrier) chosen by the Buyer.

 

5. Rights and Obligations of the Parties

5.1 The Seller is obliged:
5.1.1 To deliver 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 in cases provided by law and during the execution of the Buyer’s Order.
5.2 The Seller has the right:
5.2.1 To unilaterally change the terms of this Agreement, as well as the prices for Goods and services, by posting them on the Online Store website. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 To familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices proposed by the Seller on the Online Store website before concluding the Agreement.
5.3.2 To provide all necessary information that unequivocally identifies them as the Buyer and is sufficient for delivering the ordered Goods to the Buyer to the Seller in order for the Seller to fulfill their obligations 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 product does not satisfy them in terms of form, size, style, color, size, or for other reasons cannot be used 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 has not been used and its commercial appearance, consumer properties, packaging, seals, labels, as well as the sales document issued to the Buyer for the payment of the Goods, are preserved. The list of goods that cannot be returned on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2 The return of the value of goods of proper quality to the Buyer is made within 14 (fourteen) calendar days from the moment the Seller receives such Goods, provided that the requirements specified in clause 6.1 of the Agreement and the current legislation of Ukraine are met.
6.3 The value 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 Buyer’s expense and is not compensated by the Seller.
6.5 In the case of discovering defects in the Goods during the established warranty period, the Buyer personally has the right to present claims to the Seller in the manner and within the time frame established by the legislation of Ukraine, as provided by the Law of Ukraine "On Consumer Rights Protection." When presenting claims for free elimination of defects, the term for their elimination is counted from the date the Goods are received by the Seller for 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 if the Buyer provides the documents stipulated 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 for using or storing 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 only be used by the Buyer who purchased them (including custom sizes, characteristics, appearance, configuration, etc. at the Buyer’s request). Confirmation that the goods have individually defined properties is the difference in sizes and other characteristics specified in the online store.
6.8 The return of goods, in cases provided by law and this Agreement, is made to the address indicated 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 due to improper installation, use, or storage of the Goods purchased from the Seller.
7.2 The Seller is not liable for improper or untimely execution of Orders and its obligations in case the Buyer provides unreliable 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 is released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters arising 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 inform the other Party.

 

8. Confidentiality and Protection of Personal Data

8.1 By providing their personal data on the Online Store website during registration or when placing an Order, the Buyer gives the Seller their voluntary consent to process, use (including transfer) their personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection," without limitation on the duration 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 a contract with the Seller, including for the fulfillment of obligations to the Buyer, shall not be considered a violation, as well as in cases where disclosure of such information is established by the requirements of current legislation of Ukraine.
8.3 The Buyer is responsible for maintaining their personal data in an up-to-date state. The Seller is not responsible for the poor quality of fulfillment or non-fulfillment of their obligations due to the inaccuracy of information about the Buyer or its inconsistency with reality.

9. Other Terms

9.1. This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a settlement of the disputed issue is not reached through negotiations, the Buyer and/or the Seller have the right to refer the dispute to judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to unilaterally amend this Agreement as provided 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 current legislation of Ukraine.

 

ADDRESS AND DETAILS OF THE SELLER:

Individual Entrepreneur Lutsenko V. M.
39600, Kremenchuk, Troitska St., bldg. 89A
UA523052990000026006021211994, Bank  AT KB "PrivatBank"
Tax ID 3482205883
тел. (050) 6784700