Public Offer Agreement

Public offer

This Public Offer Agreement is an official offer by the Seller to an unlimited number of persons to conclude an agreement with the Seller for the supply of goods remotely on the terms provided for in this offer by placing an order in the online store on the website https://www.goldenfarm.com.ua/ .

DEFINITION OF TERMS

Public Offer Agreement - a public Agreement, the terms of which, in accordance with Art. 633, 641 of the Civil Code of Ukraine are the same for all Buyers, the unconditional acceptance of the terms of which by the Buyer (payment for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered an acceptance of this Agreement between the Seller and the Buyer.

Administration – Individual enterpreneur Palamar C.P. registered in accordance with the legislation of Ukraine, EDRPOU 2646403159, located at the address: 02152 Ukraine, Kiev, Dneprovsky district, Pavel Tychyna Ave., 19 apt. 18, tel.: (044) 501-04-98, which is the copyright holder of the website https://www.goldenfarm.com.ua/.

Acceptance - acceptance by a person of an offer to conclude an Agreement (by clicking on the "Place an order" link, or by placing an order through the operator of the Internet store).

Online store - the corresponding software and functional complex, posted on the official website at https://www.goldenfarm.com.ua/, which allows you to get acquainted with the Product, its appearance, technical characteristics, price, payment terms, etc. ., make an appropriate order, etc.

Seller - a legal entity or an individual entrepreneur who has placed information about the Goods and / or Services that they sell in the Internet store. The Seller can be both the Website Administration and any person to whom theWebsite  Administration has granted the right to post information about the Goods and / or Services. The name of the Seller is indicated in the documents for the transfer of the Goods to the Buyer.

Offer - the Seller's proposal to conclude this Public Offer Agreement on the terms and conditions set forth in this Agreement, addressed to an unlimited number of persons.

Placing an order - the Buyer's application for the purchase of the Goods, which is addressed to the Seller for its fulfillment and is carried out by placing the Buyer's application in the online store by clicking on the "Place an order" link or by providing consent to placing an order to the operator of the online store.

Order confirmation - a message from the Seller about the receipt of the order from the Buyer and the acceptance of such an order for execution.

Buyer - any person who has accepted this public offer.

Parties - the collective name of the Seller and the Buyer.

Goods - building and finishing materials, tools and components, any other goods, information about which is available in the online store.

1. GENERAL PROVISIONS

1.1. This Public Offer Agreement is a public Agreement in accordance with Art. 633, 641 of the Civil Code of Ukraine, the terms of which are set the same for all Buyers.

1.2. The fact of placing an order by the Buyer (by clicking on the link "Place an order", or by placing an order through the operator of the Internet store) in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine is considered an acceptance of this Agreement by the Buyer.

1.3. The agreement concluded on the basis of the Buyer's acceptance of this offer is an Accession Agreement, to which the Buyer joins without any exceptions and / or reservations.

1.4. The Website Administration of the online store at any time, without notice, may make changes to this Agreement, the materials and information contained in the online store. The Website Administration under no circumstances shall be liable for the irrelevance of the information on the site, any losses incurred as a result of the use, inability to use or the results of using the resource of the online store.

2. SUBJECT OF THE CONTRACT

2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer under the terms of this Agreement, and the Buyer undertakes to take ownership of the Goods and pay for it under the terms of this Agreement.

2.2. The Seller and the Buyer confirm that this Agreement is not a fictitious, imaginary transaction, a transaction that is made under the influence of violence or deceit.

3. TIME OF CONCLUSION OF THE AGREEMENT

3.1. Acceptance by the Buyer of the offer to conclude the Agreement (Acceptance) is carried out by placing an order for the Goods in the online store. The moment of conclusion of the Agreement is the confirmation of the order by the Seller.

3.2. The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Agreement, including the Buyer's consent to receive advertising materials by means of communication (including but not exclusively by e-mail, mobile communications). At any time, the Buyer may refuse to receive promotional materials in the "My Account" section of the online store.

4. ORDERING

4.1. The order of the Goods is carried out by the Buyer through the Internet store or with the help of the operator of the Internet store.

4.2. You can place an order through the online store after registration. At the same time, the Buyer has the right to register on the site only 1 (one) time, that is, he can have only one Personal Account.

4.3. When registering in the online store, or when ordering the Goods using the operator of the online store, the Buyer is obliged to provide the following information about himself:

- surname, name, patronymic of the Buyer;

- contact phone number of the Buyer;

- email address for communication with the Buyer;

- the address of delivery of the Goods (if it is necessary to deliver the Goods).

4.4. The Buyer who has registered in the online store receives individual identification by providing a login and password. Transfer by the Buyer of the login and password to third parties is prohibited.

4.5. The Buyer places an order by clicking on the "Place an order" link or by confirming the order to the operator of the Internet store, respectively.

Placing an order by the Buyer and its further transfer for execution means sufficient and complete familiarization of the Buyer with the price of the Goods, the technical characteristics of the Goods, its functionality, information on delivery times and conditions of warranty service.

4.6. The order is considered accepted by the Seller and is subject to execution after the latter confirms the order (confirmation is the Seller's message sent to the Buyer via communication means).

In the absence of the ordered Goods in the Seller's warehouse, including for reasons beyond the control of the Seller, the Seller has the right to cancel the specified Goods from the Buyer's order and notify the Buyer about it.

4.7. Any information about the Goods contained on the official website of the Seller is for informational purposes and cannot be taken as fully conveying all the properties and characteristics of the Goods. If the Buyer has questions regarding the properties and characteristics of the Goods, before ordering the Goods, he must seek advice from the operator of the Internet store.

5. PRICE OF GOODS AND TERMS OF PAYMENT

5.1. The price at which the Goods are sold is indicated in the documents for the transfer of the Goods to the Buyer.

The Seller reserves the right to change the prices of the Goods unilaterally. At the same time, the prices for the Goods ordered by the Buyer (after confirmation of the order by the Seller) are not subject to change.

5.2. Payment for the Goods is carried out by the Buyer in cash (in case of receipt of the Goods at the warehouses-shops of the Seller or postal services) or non-cash form by transferring funds to the current account of the Seller. Payment currency - hryvnia.

5.3. The Buyer is obliged to pay for the ordered Goods within the terms agreed by the Parties when placing the order.

5.4. In case of a non-cash form of payment, the Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are credited to the current account of the Seller (its branch).

5.5. If the Goods are sold at a discount, information on the availability and amount of the discount is posted on the Seller's official website and is for informational purposes only. The price at which the Goods are sold is indicated in accordance with clause 5.1. Discounts are not cumulative and are not added to other discounts.

6. TERMS OF GOODS DELIVERY 

6.1. The obligations of the Seller to transfer the Goods to the Buyer arise from the moment the order confirmation is sent to the Buyer.

6.2. The terms for the transfer of the Goods to the Buyer are agreed by the Parties in each specific case and are fixed in the order confirmation. The date of delivery of the Goods is indicated in the invoices for the Goods.

6.3. The Goods can be transferred to the Buyer at one of the Seller's warehouses (the list of which is indicated in the "Contacts" section of the Online Store) or delivered to the Buyer at the address indicated by the latter. Upon delivery of the Goods to the Buyer at the address indicated by him, the transportation of such Goods is carried out at the expense of the Buyer.

Delivery of the Goods to the Buyer is carried out:

6.3.1. at the addresses of the warehouses-shops of the Seller (self-delivery);

6.3.2. by the Seller's transport to the address indicated by the Buyer;

6.3.3. with the help of a carrier (postal service, delivery service, courier service, etc.) to the point of issue or to the address specified by the Buyer.

Upon delivery of the Goods with the help of a carrier, the Buyer fully and unconditionally agrees with the Cargo Transportation Rules of the carrier's company (including the cost of delivery).

6.4. The ownership of the Goods passes from the Seller to the Buyer:

- from the moment of transfer of the Goods to the Buyer (in case of receipt by the Buyer of the Goods at one of the Seller's warehouses/shops/sales premises or delivery in accordance with clause 6.3.2. of the Agreement). The moment of transfer of the Goods to the Buyer is the signing by the Parties of the invoice for such Goods;

- from the moment the Seller transfers the Goods to the carrier (delivery service, courier service, etc.).

6.5. Obligations to transfer the Goods in the cases provided for in paragraphs. 6.3.1, 6.3.2 of the Agreement are considered fulfilled from the date of signing by the Parties of the invoice. The risk of accidental destruction of the Goods passes to the Buyer from the date of signing the invoice.

6.6. Obligations to transfer the Goods in the cases provided for in paragraphs. 6.3.3 The contracts are considered fulfilled, and the risk of accidental loss of the Goods passes to the Buyer at the moment the Seller transfers the Goods to the carrier. The carrier is responsible for the delivery of the Goods to the place of delivery.

6.7. Acceptance of the Goods in terms of quantity and quality takes place at the place of transfer of the Goods from the Seller (carrier) to the Buyer. After receipt by the Buyer of the Goods, claims to the quantity, completeness and type of the Goods are not accepted.

7. RETURN OF GOODS

7.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if he did not satisfy him in shape, dimensions, style, color, size, or for other reasons cannot be used by him for his intended purpose. The buyer has the right to return the Goods of good quality within 14 (fourteen) days, not counting the day of purchase.

The return of the Goods of good quality is carried out if it has not been used and its presentation, consumer properties, seals, labels, as well as the payment document issued together with the sold Goods are preserved. The list of Goods that are not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.

7.2. Consideration of the requirements of the Buyer, incl. for the return of the Goods is carried out subject to the provision by the Buyer of the documents provided for by the current legislation of Ukraine (including a written application).

8. RIGHTS AND OBLIGATIONS OF THE SELLER

8.1. The seller has the right:

- at any time to make changes to this Agreement, materials and information (including about the Goods) offered in the Internet store;

- refuse to conclude a Public Offer Agreement if it does not have the ability to sell the relevant Goods to the Buyer;

- record telephone conversations with the Buyer;

- suspend the sale of the Goods to the Buyer in case the Buyer violates its obligations (including, but not limited to, failure to pay for the ordered Goods) under this Agreement;

- require the Buyer to fulfill its obligations under this Agreement in good faith;

- without the consent of the Buyer, transfer their rights and obligations to fulfill the Agreement to third parties.

8.2. The Seller is obliged:

- send the Buyer an order confirmation or inform him of the impossibility to fulfill the Buyer's order;

- transfer the Goods to the Buyer after he has paid for such Goods;

- check the quality and quantity of the Goods upon its transfer to the Buyer;

- not to disclose any private information of the Buyer and not to provide access to this information to third parties, except as provided by the legislation of Ukraine (it is not considered a violation that the Seller provides information to counterparties and third parties acting on the basis of the Agreement with the Seller, including for the fulfillment of obligations before the Buyer);

- prevent attempts of unauthorized access to information and/or its transfer to persons who are not directly related to the execution of orders; detect and prevent such facts in a timely manner;

- properly fulfill the terms of this Agreement.

9. RIGHTS AND OBLIGATIONS OF THE BUYER

9.1. The buyer has the right:

- register in the Internet - store;

- in case of disagreement with any clause of the offer, refuse to purchase the Goods, register in the Internet store and any other actions provided for in this Agreement;

- seek advice from the Seller regarding the properties and characteristics of the Goods;

- require the Seller to fulfill its obligations under this Agreement in good faith;

- other rights provided by the current legislation of Ukraine.

9.2. The Buyer is obliged:

- before the conclusion of the Agreement, familiarize yourself with the content and terms of the Agreement, the prices for the Goods offered by the Seller in the Online Store;

- provide all the necessary data identifying him as the Buyer and necessary for registration in the Internet store by manually entering the data when registering in the Internet store or by providing the necessary information to the operator of the Internet store, keep them up to date;

- timely pay for the ordered Goods (and its delivery, if necessary, delivery of the Goods);

- properly formalize the acceptance of the Goods (including signing and transferring to the Seller the relevant documents for receiving the Goods), presenting an identity document (a person authorized to receive the Goods);

- check the quality and quantity of the Goods upon receipt from the Seller;

- not to disclose any private information of the Seller and not to provide access to this information to third parties, except as provided by the legislation of Ukraine; do not transfer the login and password received during registration to third parties and independently bear responsibility for failure to fulfill this obligation;

- properly fulfill the terms of this Agreement.

10. RESPONSIBILITIES OF THE PARTIES AND PROCEDURE FOR DISPUTES RESOLUTION 

10.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.

10.2. When placing an order, the Buyer is responsible for the accuracy of the information provided to the Seller about himself (including, but not exclusively, the information specified in clause 4.3. of the Agreement), and also confirms that he is familiar with the terms of this Agreement and agrees with them. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.

10.3. The Seller is not responsible for the impossibility to fulfill the Buyer's order if such impossibility arose as a result of circumstances independent of the Seller, including, but not limited to, disruption of communication lines, equipment malfunction, etc.

10.4. The general liability of the Seller for non-fulfillment or improper fulfillment of the terms of this Agreement is limited to the amount of the Buyer's payment, which was made on the basis of this Agreement.

10.5. The warranty for the Goods is provided in accordance with the warranty established by the manufacturer of the Goods. The Seller is not responsible for damage to the Goods in cases that are not recognized by the warranty manufacturer of the Goods, as well as in cases of violation by the Buyer of the conditions of storage and / or operation of the Goods.

11. FORCE MAJEURE

11.1. The period for the Parties to fulfill their obligations under this Agreement may be suspended only in the event of force majeure circumstances (force majeure), namely: fire, natural disaster, armed conflict, a significant change in the legislation of Ukraine, which makes it difficult or impossible for the Party to fulfill its obligations under this Agreement or due to other circumstances that are beyond the control of the Parties.

11.2. The Party affected by force majeure must notify the other Party in writing within 5 (five) calendar days.

11.3. In the event of the occurrence of force majeure circumstances, the Party that has been affected by them, subject to the requirements of paragraph 11.2 of this Agreement, shall be released from liability under this Agreement for the duration of such circumstances.

11.4. After the termination of the force majeure circumstances, the period for the fulfillment of obligations resumes. The Party that has been subjected to force majeure must notify the other Party in writing of the termination of force majeure circumstances.

11.5. If force majeure continues for more than 30 (thirty) calendar days in a row, the Parties have the right to terminate this Agreement and make final settlements. At the same time, losses caused by the termination of the Agreement are not reimbursed and penalties are not paid.

12. OTHER CONDITIONS OF THE AGREEMENT

12.1. This Agreement shall enter into force upon receipt by the Buyer of an order confirmation from the Seller. The Agreement is valid until the Parties fully fulfill their obligations.

12.2. This Agreement is concluded on the territory of Ukraine and is valid within the framework of the current legislation of Ukraine.

12.3. The Buyer and/or authorized persons of the Buyer provide consent to the Seller for the processing of their personal data, namely the last name, first name, patronymic, registered place of residence and/or actual residence, tax identification number, passport data, as well as contact phone/fax number, e-mail address , any other data specified by the Buyer in the registration form for registration in the online store and / or order, in order to comply with the requirements of the current legislation of Ukraine related to the financial and economic activities of the Seller and within the limits of the requirements of the current legislation on the protection of personal data.

The Buyer confirms that he is familiar with the rights of the subject of personal data provided for in Art. 8 of the Law of Ukraine "On the Protection of Personal Data". The address for storing personal data is 02152 Ukraine, Kyiv, Dneprovsky district, Pavel Tychyna Ave., 19, apt. 18.

12.4. The online store contains materials, trademarks, trade names and other materials protected by law. The buyer or any other third parties do not have the right to use the materials posted in the online store (including making changes, copying, publishing, transferring to third parties, etc.). The use of site materials without the consent of the copyright holders is not allowed. When citing site materials, including copyrighted works, a link to the Internet store site is required.

12.5. All disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties will try to resolve during negotiations. In case of failure to reach an agreement during the negotiations, disputes will be resolved in the manner prescribed by the current legislation of Ukraine.

12.6. In cases not provided for by this Agreement, the Parties shall be guided by the current legislation of Ukraine.

Carefully read the text of the public offer, and if you do not agree with any clause of the offer, you have the right to refuse to purchase the Goods available in the online store and not to take the actions specified in Clauses 4.3, 3.1 of this Offer.