PUBLIC OFFER AGREEMENT
FOR THE SALE OF GOODS
This agreement (hereinafter referred to as the Agreement) is a public offer (offer) of the Seller to conclude a contract for the sale of the Goods presented on the website https://tesli.ua/ on the terms and conditions specified herein. The Agreement is a public contract in accordance with Article 633 of the Civil Code of Ukraine.
1. Definition of terms
1.1. Seller - “EAST-UKRAINIAN WOODWORKING COMPANY”. ltd, code 39247757.
1.2. Goods - products presented on the Website and offered for sale.
1.3. Website - a set of data (texts, graphic and design elements, photos, videos and other results of intellectual activity, computer programs) that are interconnected, contained in an information system, ensure the availability of this information to end users and are located at the website address: https://tesli.ua/.
1.4. Buyer - any legally capable adult individual, individual entrepreneur, legal entity.
2. Subject of the Agreement. Rights and obligations of the Seller and the Buyer
2.1. The Seller undertakes to transfer the ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of the Agreement.
2.2. The Agreement shall be deemed concluded from the moment of the Buyer's full and unconditional response to the offer to conclude the Agreement, which is provided in one of the following ways:
2.2.1. The Buyer places an order for the Goods on the Site:
- selects the Goods and adds them to the "Cart"
- in the "Cart" determines the quantity of the Goods enters the following information into the order form
- surname, name and patronymic, contact phone number
- selects the delivery method and indicates the delivery address of the Goods
- selects the method of payment for the Goods
- if necessary, can add a comment
- confirms the intention to purchase the Goods (in particular, by clicking the "Checkout" button or by putting a corresponding similar mark).
The Agreement is considered concluded from the moment the Seller receives the Buyer's order placed on the Website.
The Buyer may register on the Website by creating a "Personal Account", for which purpose he/she shall indicate in a special form of the Website his/her name, surname, contact phone number, e-mail address and create a password.
Upon receipt of the order placed on the Website, the Seller shall call the telephone number specified by the Buyer to confirm the order or notify the Buyer of the impossibility of fulfilling the order due to the unavailability of the Goods. In case of impossibility to fulfill the order, the rights and obligations of the Buyer and the Seller related to the sale, transfer and payment for the ordered Goods shall be terminated, and if the Goods have already been paid for, their cost shall be returned to the Buyer at his request.
2.2.2. The Buyer orders a phone call on the Site (in a special form of the Site indicates the name, contact phone number and confirms the order of the call) and verbally places an order for the Goods to the Seller, who will call him.
When placing an order through a phone call from the Seller, the Buyer undertakes to provide the information necessary to fulfill the order specified in subparagraph 2.2.1. of the Agreement.
The Agreement shall be deemed concluded from the moment the Buyer verbally places an order for the Goods.
2.2.3. The Buyer calls the phone number indicated on the Site, or receives a call back in response to his call, and orally places an order for the Goods through the Seller.
When placing an order through a phone call from the Seller, the Buyer undertakes to provide the information necessary to fulfill the order specified in subparagraph 2.2.1. of the Agreement.
The cost of calls is set according to the tariffs of communication managers.
The Agreement shall be deemed concluded from the moment the Buyer verbally places an order for the Goods.
2.3. Orders are accepted and processed according to the schedule specified on the Site.
2.4. By placing an order for the Goods (on the Site or orally by phone), the Buyer confirms his/her familiarization and unconditional agreement with the terms of the Agreement, their full understanding and acceptance. In case of disagreement with any terms, the Buyer undertakes to immediately stop using the Site and placing an order.
2.5. Personal data provided by the Buyer shall be protected in accordance with the legislation of Ukraine.
2.5.1. By registering on the Site and/or placing an order for the Goods (on the Site or orally by phone), the Buyer
- confirms that he has voluntarily consented to the processing of his personal data in accordance with the legislation of Ukraine in order to organize and implement cooperation with the Site and the Seller and ensure compliance with the terms of the Agreement (identification and processing of the order, organization of delivery, sending notifications of the order and delivery of the Goods by telecommunication means, exchange of information with the Buyer, etc;
- agrees that the Seller has the right to provide access to and transfer its personal data to third parties without any additional notifications to the Buyer, but only in accordance with the legislation of Ukraine and without changing the purpose of processing personal data.
2.5.2. By placing an order for the Goods, the Buyer agrees to send him messages in the form of SMS, in mobile applications (messengers), to his e-mail address regarding his order of the Goods, as well as informational and advertising messages related to the Goods and the range of the Site. The Buyer may at any time refuse to receive messages, in particular by contacting the contacts indicated on the Site.
2.6 The Buyer realizes and agrees that in order to improve the quality of service, telephone conversations with him may be recorded. In this case, the Seller undertakes to prevent attempts of unauthorized access to information obtained during telephone conversations and/or its transfer to third parties not directly related to the fulfillment of the Buyer's order.
2.7. The Buyer is solely responsible for the accuracy, validity and reliability of the information provided by him when placing an order for the Goods. In case of changes in the information provided by him, the Buyer undertakes to provide the Seller with updated information by contacting the contacts on the Site or by making changes to the relevant section of his "Personal Account" on the Site.
The Seller shall not be liable for improper (including untimely) fulfillment of the order, its obligations or any unfavorable consequences for the Buyer in case the Buyer provides false or erroneous information or fails to fulfill its obligation to update the information.
2.8. Information about the Goods (name, price, description, warranty periods, etc.) is posted on the Website. The Seller has the right to independently make changes and additions to the information about the Goods published on the Website without notifying the Buyer.
The Seller undertakes to provide the Buyer with information about the Goods in accordance with the requirements of the legislation of Ukraine.
In case of any questions regarding the Goods, the Buyer may contact the Seller in any way convenient for him/her using the contacts indicated on the Site.
The Goods may differ from the images of the Goods posted on the Website, in particular, due to different color rendering on different screens.
By placing an order for the Goods (on the Site or orally by phone), the Buyer confirms that he is familiar with the information about the Goods, which made it possible to make a conscious and competent choice, is aware of the characteristics of the Goods, the terms of their sale, delivery and payment and wishes to purchase such Goods on the appropriate terms.
2.9. The Seller shall not be liable for any damage caused to the Buyer or other persons as a result of improper transportation, storage and/or use of the Goods transferred to the Buyer.
2.10. The Seller has the right to engage third parties to fulfill its obligations to the Buyer, as well as to assign or otherwise transfer to third parties its rights and obligations arising from its relationship with the Buyer.
3. Price and payment for the Goods
3.1 The price of the Goods is determined by the Seller in the national currency of Ukraine, includes taxes and is indicated on the Site.
3.2 The price of the Goods may be changed by the Seller unilaterally, about which the Seller informs the Buyer by posting the new price of the Goods on the Site. At the same time, the price of the Goods cannot be unilaterally changed by the Seller under the Buyer's order already issued and confirmed by the Seller and/or paid.
3.3. The price of the Goods indicated on the Website does not include the cost of delivery of the Goods to the Buyer. The Buyer shall pay the cost of delivery of the Goods upon receipt of the Goods in accordance with the tariffs of delivery services (carriers, transport companies, hereinafter referred to as the delivery service).
3.4. The Buyer may pay for the Goods by choosing one of the following methods:
- pay money to the Seller's current account;
- pay for the Goods upon receipt by the delivery service.
3.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller.
3.6. Failure of the Buyer to fulfill its obligations to pay for the ordered Goods shall be considered a unilateral withdrawal of the Buyer from the Agreement, which shall result in the termination of all obligations of the Seller arising from the Buyer's acceptance of the Seller's offer to conclude the Agreement.
4. Transfer (delivery) of the Goods to the Buyer
4.1 The goods are delivered to the Buyer by the delivery service chosen by him to the address specified in the order.
4.2. The Goods are transferred to the Buyer/delivery service for further transfer to the Buyer after the Buyer has made full payment for the Goods, unless the Buyer chooses to pay for the Goods upon receipt by the delivery service.
4.3. The terms, conditions and cost of delivery of the Goods by the delivery service are determined by the relevant delivery service. The Seller is not responsible for the actions/inactions of the delivery service.
4.4. Upon receipt of the Goods, the Buyer shall, in the presence of a representative of the delivery service, check the compliance of the Goods with the order, all quantitative and qualitative characteristics of the Goods that can be checked during its inspection (including the absence of mechanical damage), the completeness of the Goods, the availability of the necessary documents for the Goods and, in case of discrepancies, immediately file a claim with the Seller / delivery service. By signing the receipt, check and/or other document for the receipt of the Goods, the Buyer confirms the absence of relevant claims regarding the Goods.
4.5. In case of the Buyer's absence at the delivery address specified by him during the ordering process, or the Buyer's refusal to receive the Goods of proper quality, the Goods shall be returned to the Seller, and the Buyer shall be refunded the amount of money paid for the Goods minus the cost of return delivery services to the Seller.
5. Exchange/return of the Goods
5.1. The Buyer has the right to exchange the purchased Goods of good quality for a similar Goods (and in the absence of a similar one on sale - to return the Goods) in accordance with the provisions of the Law of Ukraine "On Consumer Protection".
The exchanged/returned Goods must have no traces of use, have a preserved presentation, consumer properties, seals, tags, packaging, etc.
When exchanging/returning the Goods that were transferred to the Buyer in individual packaging (manufacturer's packaging), by sending the Goods to the Seller by the delivery service, the Buyer must preserve the appearance of the Goods in individual packaging. The Seller shall have the right to refuse to accept the exchanged/returned Goods if they were improperly packaged, as a result of which there are traces and/or damage (including those arising during transportation - scratches, dents, etc.) on them (on the individual packaging) - as the Goods whose presentation has not been preserved by the Buyer.
The return of the Goods of good quality to the Seller's address shall be carried out at the expense of the Buyer.
5.2. In case of detection during the established warranty period of significant defects that have arisen through the fault of the manufacturer of the Goods (the Seller) or falsification of the Goods, confirmed, if necessary, by an expert opinion, in the manner and within the time limits established by law, the Buyer has the right to return the Goods and receive a refund by the Seller of the amount paid for the Goods.
If the Buyer has been provided with a technical passport, warranty card or other document together with the Goods, the Buyer's claims shall be considered by the Seller only if the specified documents are provided.
The return of the Goods is carried out in accordance with the current legislation of Ukraine.
5.3. For all questions regarding the exchange/return of the Goods, the Buyer may contact the Seller in any way convenient for him/her by the contacts indicated on the Site.
6. Other terms of the Agreement
6.1. On all issues not regulated by the Agreement, the Buyer and the Seller shall be governed by the current legislation of Ukraine.
6.2. The Seller may unilaterally change the terms of the Agreement without prior notice to the Buyer. The relevant changes come into force from the moment they are posted on the Site, unless otherwise specified by the Seller when they are posted on the Site.
If the Buyer pays for the Goods or performs other actions after the Seller has made changes to the Agreement, the Buyer thereby agrees to the relevant changes and agrees to fulfill the terms of the Agreement.
6.3. The Site and the telephone numbers indicated on it may be temporarily partially or completely unavailable due to technical, preventive, other works or for other technical reasons.
6.4. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine.
6.5. The Seller shall not be liable for partial or complete failure to fulfill its obligations under the Agreement if such failure was the result of force majeure circumstances. Force majeure shall mean extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations under the terms of the Agreement, including threat of war, armed conflict or a serious threat of such conflict, hostilities, declared and undeclared war, acts of terrorism, sabotage, riots, invasion, blockade, revolution, rebellion, uprising, mass riots, curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, compulsory acquisition, seizure of enterprises, requisition, public demonstration, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of the relevant decisions and acts of state authorities, embargo, ban (restriction) of export/import; caused by exceptional weather conditions and natural disasters, namely: epidemic, hurricane, storm, flood, lightning, other natural disasters; circumstances that lead to malfunctions of the technical systems used by the Seller and/or disrupt the normal operation of the Website or telephone lines.
A certificate of force majeure (force majeure) issued by the Ukrainian Chamber of Commerce and Industry shall be a proper and sufficient confirmation of force majeure.
6.6. All misunderstandings, contradictions and disputes that may arise between the Seller and the Buyer shall be resolved through negotiations.
With any questions and claims, the Buyer may contact the Seller in any way convenient for him/her using the contacts indicated on the Site.
If disputes cannot be resolved through negotiations, they shall be resolved in court in accordance with the current legislation of Ukraine.
6.7. All copyrights, rights to trademarks for goods and services, images, source code, design of the Website or its elements, Website content, and other intellectual property rights belong to the respective owners and authors. No provision of the Agreement may be construed as a transfer of any intellectual property rights to the Buyer.
6.8. The Agreement shall enter into force from the moment of its conclusion and shall remain in force until the Seller and the Buyer have fully fulfilled their obligations. The Agreement may be terminated early in cases determined by the legislation of Ukraine.