Public contract (offer)

Public contract for the ordering, sale and delivery of goods.

This contract is an official and public offer by the Seller to conclude a contract for the sale of Goods presented on this site. 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 (an individual, a legal entity, a sole proprietor), without giving preference to any one buyer over another.

By concluding this contract, the buyer fully accepts the terms and the procedure for placing an order, paying for goods, delivery, returns, liability for a bad-faith order, and all other terms of the contract. The contract is deemed concluded from the moment the "Place order" button is pressed on the checkout page in the "Cart" section and the Buyer receives confirmation of the order from the Seller in electronic form.

• 1.1. Public offer (the "Offer") — a public proposal by the Seller, addressed to an indefinite range of persons, to conclude a contract for the distance sale of goods (the "Contract") on the terms set out in this Offer.

• 1.2. Goods or Service — the object of the parties' agreement, selected by the buyer on this site and placed in the cart, or already purchased by the Buyer from the Seller by a distance method.

• 1.3. Online store — the Seller's site, created to conclude retail and wholesale sale contracts on the basis of the Buyer's review of the description of the Goods offered by the Seller via the Internet.

• 1.4. Buyer — a legally capable individual who has reached 18 years of age, receives information from the Seller and places an order to purchase goods presented on this site for purposes not related to business activity, or a legal entity or sole proprietor.

• 1.5. Seller — PROMDEKS - UKRAINA Limited Liability Company, a legal entity established and operating under the current legislation of Ukraine, located at: 12/2 Zakhidna Okruzhna St., Khmelnytskyi, Khmelnytskyi Oblast, 29000.

• 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 contract (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is the date on which the Buyer completes the order form located on this site, provided that the Buyer receives confirmation of the order from the Seller in electronic form. Where necessary, at the Buyer's request, the Contract may be drawn up in writing.

• 3.1. The Buyer places an order independently on this site through the "Cart" form, or by placing an order by email or by the phone number stated in the contacts section.

• 3.2. The Seller may refuse to hand over the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.

• 3.3. When placing an order, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfil the order:

  • the Buyer's surname and first name;

  • the address to which the Goods are to be delivered (if delivery is to the Buyer's address);

  • a contact phone number;

  • the identification code for a legal entity or sole proprietor.

• 3.4. The name, quantity, article number and price of the Goods chosen by the Buyer are shown in the Buyer's cart on this site.

• 3.5. If either party to the contract requires additional information, it may request it from the other party. If the Buyer fails to provide the required information, the Seller is not liable for the quality of the service provided to the Buyer in the purchase of goods.

• 3.6. When placing an order through the Seller's operator, the Buyer undertakes to provide the information set out in clause 3.3 of this Offer.

• 3.7. The Buyer accepts the terms of this Offer by entering the relevant data into the registration form on this site or by placing an order through the operator. After an order is placed 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 an order.

• 3.9. By concluding the Contract — that is, by accepting the terms of this proposal by placing an order — the Buyer confirms that:

  • a) they are fully acquainted with and agree to the terms of this proposal (offer);

  • b) they give permission for the collection, processing and transfer of their personal data for the entire term of the Contract and for an unlimited period after its expiry; the scope of the Buyer's rights as a personal-data subject under the Law of Ukraine "On Personal Data Protection" is known and clear to them.

• 4.1. Prices for Goods and services are set by the Seller independently and are stated on this site. All prices for Goods and services are stated in hryvnia and include VAT.

• 4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Goods that has been paid for in full by the Buyer may not be changed by the Seller unilaterally.

• 4.3. The price of the Goods stated on this site does not include the cost of delivering the Goods to the Buyer. The Buyer pays the delivery cost in accordance with the current tariffs of the delivery services (carriers), directly to the delivery service chosen by the Buyer.

• 4.4. The Seller may state the approximate cost of delivering the Goods to the Buyer's address upon the Buyer's request to the Seller, made by sending an email or when placing an order through the operator.

• 4.5. The Buyer's obligations to pay for the Goods are deemed fulfilled from the moment the funds reach the Seller's account.

• 4.6. Payments between the Seller and the Buyer for the Goods are made by the methods stated on this site in the "Delivery & payment" section.

• 4.7. Upon receiving the goods, the Buyer must, in the presence of the delivery service (carrier) representative, verify that the Goods correspond to the qualitative and quantitative characteristics (name, quantity, completeness, shelf life).

• 4.8. When accepting the Goods, the Buyer or their representative confirms with their signature on the sales receipt, the order, or the delivery note that they have no claims as to the quantity, appearance and completeness of the goods.

• 4.9. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their representative from the moment the Buyer receives the Goods in the case of self-delivery from the Seller, or when the Seller hands the goods over to the delivery service (carrier) chosen by the Buyer.

• 5.1. The Seller is obliged to:

  • transfer the goods to the Buyer in accordance with the terms of this Contract and the Buyer's order;

  • not disclose any private information about the Buyer and not grant access to this information to third parties, except in cases provided for by law and when fulfilling the Buyer's order.

• 5.2. The Seller has the right to change the terms of this Contract, as well as the prices of Goods and services, unilaterally by publishing them on this site. All changes take effect from the moment of their publication.

• 5.3. The Buyer undertakes to:

  • before concluding the Contract, review the content of the Contract, its terms and the prices offered by the Seller on this site;

  • provide all the data required for the Seller to fulfil its obligations that unambiguously identify the Buyer and are sufficient to deliver the ordered Goods.

• 6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not suit them in shape, dimensions, style, colour or size, or for other reasons cannot be used for their intended purpose. A return is made within 14 (fourteen) days, not counting the day of purchase, provided that the goods have not been used and their presentation, consumer properties, packaging, seals and labels are preserved, along with the settlement document issued to the Buyer for payment of the Goods. The list of goods not subject to return is approved by the Cabinet of Ministers of Ukraine.

• 6.2. The return of the cost of goods of proper quality to the Buyer is made within 30 (thirty) calendar days of the Seller receiving such Goods, provided that the requirements of clause 6.1 of the Contract and the current legislation of Ukraine are met.

• 6.3. The cost of the goods is refunded by bank transfer to the Buyer's account.

• 6.4. The return of Goods of proper quality to the Seller's address is made at the Buyer's expense and is not reimbursed by the Seller to the Buyer.

• 6.5. If defects in the Goods are discovered within the 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 against the Seller as provided for by the Law of Ukraine "On Consumer Rights Protection".

• 6.6. Claims provided for by the Law of Ukraine "On Consumer Rights Protection" are considered by the Seller provided that the Buyer submits the documents required by the current legislation of Ukraine. The Seller is not liable for defects in the Goods that arose after they were handed over to the Buyer as a result of the Buyer's breach of the rules of use or storage, the actions of third parties, or force majeure.

• 6.7. The Buyer may not refuse goods of proper quality that have individually defined properties if such goods can be used solely by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, configuration and so on made at the Buyer's request).

• 6.8. The return of goods, in the cases provided for by law and this Contract, is made to the address stated on this site in the "Contacts" section.

• 7.1. The Seller is not liable for harm caused to the Buyer or third parties as a result of improper installation, use or storage of Goods purchased from the Seller.

• 7.2. The Seller is not liable for improper or untimely fulfilment of orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.

• 7.3. The Seller and the Buyer are liable for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.

• 7.4. The Seller or the Buyer is released from liability for the full or partial non-fulfilment of its obligations if the non-fulfilment is the result of force-majeure circumstances (war or military action, earthquake, flood, fire and other natural disasters) that arose independently of the will of the parties after the conclusion of this Contract. The party unable to fulfil its obligations immediately notifies the other party.

• 8.1. By providing personal data on this site during registration or when placing an order, the Buyer gives the Seller their voluntary consent to the processing and use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine "On Personal Data Protection", without limitation on the term of such consent.

• 8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not a breach for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine.

• 8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for the poor performance or non-performance of its obligations owing to outdated information about the Buyer or its inaccuracy.

• 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 negotiation. If a disputed matter cannot be settled through negotiation, the Buyer and/or the Seller has the right to refer the dispute to the courts 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 clause 5.2 of the Contract. In addition, changes to the Contract may be made by mutual agreement of the parties in the manner provided for by the current legislation of Ukraine.

PROMDEKS - UKRAINA Limited Liability Company

• 12/2 Zakhidna Okruzhna St., Khmelnytskyi, Khmelnytskyi Oblast, 29000

• IBAN: UA623052990000026006023907444 at CB PrivatBank

• MFO: 304795

• EDRPOU code: 36804072

• TIN: 368040712144

• VAT certificate: No. 200034119

• Phone: +380505695200

• Email: office@svod.ua