In case of any inconsistencies between the Ukrainian, Russian and English texts, the Ukrainian text of the Public Agreement prevails.
This Sale and Purchase Agreement (hereinafter – the Agreement) is a public agreement concluded at a distance and at the same time is a public offer of the Seller to enter into a public agreement for sale and purchase of the Goods by means of telecommunication facilities, i.e. via the Seller’s online shop located at: with any person interested therein in accordance with the terms stated herein.
1. TERMS AND DEFINITIONS. GENERAL PROVISIONS
1.1 The terms and definitions contained herein shall be used in the following meaning:
Site – the web site of the Seller’s online shop located on the Internet at the address https://grainsdeverre.com, including all of its web pages.
Seller – Individual Entrepreneur MARHARYTA OLEHIVNA LOSHAK, entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations No. 25560000000153945 of 03.07.2019, taxpayer registration record card number 3537407403, registered (residing) at: 51 Ivana Franka Street, apt. 117, Odesa city, Odesa region, 65049, Ukraine. 51 IVANA FRANKA STREET, Odesa city, Odesa region, 65049, Ukraine. Buyer – any legally capable individual of 18 years of age, legal entity, individual entrepreneur intending to place and/or placing an order on the Site aiming to purchase the Goods.
Goods – a list of Goods posted on the Site offered under the terms hereof for sale at a distance by means of telecommunication facilities via the Seller’s online shop.
Public Agreement – the agreement under which the Seller undertakes to sell the Goods to anyone who approaches them, subject to the terms and conditions of this Agreement.
Public Offer – the Seller’s public offer to the public at large to enter into an electronic sale and purchase agreement of the Goods at a distance via the Seller’s online shop on the terms defined by the Seller.
Acceptance – the Buyer granting a full and unconditional consent to the Seller’s offer to enter into the Public Agreement on the terms provided for therein by committing an action contemplated herein aimed at acceptance of the Public Offer terms.
Order – the Buyer’s request to purchase the selected Goods duly completed and placed via the Site or sent to the Seller’s e-mail.
Substantial Defect – a defect which makes usage of the Goods for intended purpose impossible or invalid, which occurred through the manufacturer’s (the Seller’s) fault, which appears again after being removed for the reasons beyond the Buyer’s control and at the same time which has at least one of the following features:
a) cannot be removed at all;
b) its removal requires more than fourteen calendar days;
c) it substantially changes the Goods from what is stipulated in the Agreement.
Defect – any non-compliance of the Goods with the requirements of legislative acts and regulatory documents, terms and conditions hereof or requirements applicable to it as well as the information on the Goods provided by the manufacturer (the Seller).
1.2 This Agreement is a public agreement according to Clause 633 of the Civil Code of Ukraine the terms and conditions of which are the same for all Buyers.
1.3 This Agreement is posted on the Site and is a public offer according to Clause 633 of the Civil Code of Ukraine.
1.4 This Agreement is a deed of accession, i.e. the agreement which can be executed only by accession of the Buyer to the offered agreement in its entirety. The Buyer cannot suggest its terms and conditions of the agreement.
1.5 The Seller shall ensure availability of the Goods offered for sale. The information about the Goods posted in the online shop, including photos, may differ from the actual layout of the Goods. Description and features specified on the Site do not contain comprehensive information on the Goods and may contain misprints. The Buyer may obtain complete information on the Goods they are interested in by contacting the Seller. Information on the Seller’s communication means is posted on the Site.
1.6 The Goods’ price and delivery cost are specified in corresponding sections of the Site and are as well additionally displayed during Order placement and in an electronic message confirming the Order.
1.7 By entering into the Agreement, the Buyer confirms that they have been fully and completely introduced to the terms and conditions hereof and accepts it; as well as if the Buyer is an individual, they give consent for processing their personal data for the purpose hereof, possibility of mutual settlements as well as receipt of invoices, delivery notes and other documents. Permit for personal data processing shall be valid for the whole duration hereof. Besides, by concluding this Agreement the Buyer confirms that they have been informed (without further notice) of the rights prescribed by Law of Ukraine “On the Personal Data Protection” and of the data collection purposes. They know and understands the scope of the Buyer’s rights as the personal data subject according to Law of Ukraine “On the Personal Data Protection”.
1.8 This Agreement shall be deemed executed from the date of the Order placement by the Buyer pursuant to Section 4 hereof.
2. SUBJECT MATTER OF THE AGREEMENT
2.1 The Seller undertakes to transfer the Goods in the possession of the Buyer and the Buyer undertakes to pay for it and accept it under the terms and conditions hereof.
2.2 Ownership right for the Goods shall pass to the Buyer at the time of the Buyer’s acceptance of it on the terms and conditions set forth in this Agreement.
2.3 The Seller shall guarantee that the Goods has not been pledged, is not in dispute, is not under arrest, is free from any third party rights.
2.4 The Seller and the Buyer confirm that this Agreement is not a sham, a fraudulent deal, a deal committed under coercion or by deception.
3. PROCEDURE OF ACCEPTANCE OF AN OFFER TO CONCLUDE THE AGREEMENT
3.1 The Buyer shall accept an offer to conclude this Agreement by placing an Order for the Goods in the online shop under the terms and conditions specified herein.
4. ORDER PLACEMENT PROCEDURE
4.1 The Buyer shall independently select the Goods on the Site and add the selected Goods to the “Cart” by clicking “Add to Cart”.
4.2 After clicking “Proceed to checkout”, the Buyer shall complete the Order form by filling in their first and last name, e-mail, phone number, delivery address, payment method, delivery method and other data necessary for the Seller to fulfill its obligations hereunder.
4.3 By clicking “Checkout via Liqpay” the Buyer accepts all terms and conditions hereof as well as confirms that they have obtained comprehensive information about the Goods, its major features, price, delivery cost, delivery terms.
4.4 The Buyer may place the Order by writing a letter to the e-mail address available on the Site.
4.5 The Order shall be deemed placed after commission of the actions provided for by Clauses 4.1 and 4.2 hereof and clicking “Confirm your Order” or by commission of the action stipulated by Clause 4.4 hereof.
5. ORDER PROCESSING AND CONFIRMATION
5.1. The term of processing and conformation of the Order by the Seller shall be up to 2 (two) business days from the moment of its placement. If the Seller requires extra time for processing and confirmation of the Order, such term shall be agreed with the Buyer additionally.
5.2. The Seller confirms the Order by sending to the e-mail indicated by the Buyer when placing the Order, an electronic mail (electronic message) specifying major features of the Goods, number of the Order for the Goods assigned by the Seller, the Goods’ price, its amount, delivery cost, information about the term of delivery of the Goods ordered by the Buyer (if the Buyer ordered the Goods with delivery), as well as providing a reference hereto.
5.3. If it is impossible to fulfill a confirmed Order due to the absence of the Goods ordered in stock, the Seller should notify the Buyer thereof immediately, however not later than 30 (thirty) days from the Order placement.
6. PRICE OF GOODS AND ORDER PAYMENT PROCEDURE
6.1. The Goods price shall be indicated on the Site with regard to each unit of Goods separately with the taxes included.
6.2. All Goods’ prices shall be in the national currency of Ukraine – hryvnia. The Goods’ prices may be additionally indicated in US Dollars or other foreign currency, however all settlements for the Goods shall be in hryvnia. Depending on the exchange fluctuations established by the National Bank of Ukraine, the funds in foreign currency actually deducted from the Buyer’s account may differ from the Goods’ price in foreign currency indicated on the Site. All expenses related to the commissions and other charges collected by the bank for foreign currency conversion shall be borne by the Buyer.
6.3. Settlement may be made in US Dollars to the Buyer’s foreign currency account, provided sales of the Goods abroad.
6.4. The Goods shall be paid for by wire using credit cards in accordance with the corresponding payment system rules.
6.5. The Buyer shall pay for the Goods by credit card immediately after selection.
7. ORDER DELIVERY TIME, COST AND TERMS
7.1. The Goods shall be delivered within Ukraine or abroad independently by the Seller or assisted by third parties (delivery service, transport company, company performing other transport-related supporting activities etc. at the Buyer’s discretion).
7.2. Given availability of the Goods selected by the Buyer in the Seller’s stock, delivery shall be made within 2-30 (thirty) calendar days from the Order placement according to Section 4 hereof.
7.3. Irrespective of the selected Goods delivery method, the Seller’s obligation to deliver the Goods shall be deemed fulfilled to the fullest extent from the moment of transfer of the Goods to the transport company or a courier making the delivery.
7.4. In the event of the delivery made by the transport company and the company performing other transport-related supporting activities, the Goods delivery shall be made in conformity with delivery terms of such transport company and company performing other transport-related supporting activities.
7.5. The Goods shall be transferred to the Buyer on presentation of proof of identity of the person receiving the Goods.
7.6. The Goods delivery cost shall be paid by the Buyer.
7.7. The delivery cost shall be established in accordance with the shipping delivery service or transport company tariffs.
7.8. The Buyer may review delivery cost within Ukraine (tariffs) directly in the delivery service or transport company exercising the delivery.
7.9. The cost of the delivery outside Ukraine shall be determined when placing an Order automatically after indicating delivery method and point, as well as shall be additionally specified in the e-mail confirming the Order.
7.10. In event of placement of the Order to be delivered outside Ukraine, the Buyer shall pay taxes, duties and other levies related to such delivery independently.
8. GOODS ACCEPTANCE PROCEDURE
8.1. If the Buyer ordered the Goods without delivery, they may collect the Goods ordered independently at the collection point indicated on the Site.
8.2. The Goods shall be accepted by the Buyer at the moment of delivery or receipt of it by the Buyer at the Seller’s address.
8.3. When accepting the Goods, the Buyer shall be obliged to check external package integrity, then open it and expressly verify proper exterior of the Goods (absence of mechanical damage) and its completeness.
8.4. In the absence of any comments as to the Goods’ quality and completeness, the Buyer should accept the Goods.
8.5. In case in the course of the Goods acceptance the Buyer discovers defects or substantial defects of the Goods, it may refuse to accept the Goods and dissolve this Agreement or refuse to accept the Goods and demand replacement with the same Goods or a similar one from the Seller’s stock.
9. GOODS RETURN AND EXCHANGE. TERMINATION OF THE AGREEMENT
9.1. The Buyer may return or exchange the received Goods of proper quality to a similar one within 14 (fourteen) calendar days from receipt of the Goods, exclusive the day of purchase, provided observance of all below terms in aggregate:
9.1.1. The Goods have not been in use, its marketable state and consumer properties have been preserved.
9.1.2. The Goods are not on the list of the Goods not subject to exchange and/or return (for instance, underwear, hosiery etc.) under Appendix No. 3 to Decree of the Cabinet of Ministers of Ukraine No. 172 “On implementation of certain provisions of Law of Ukraine “Concerning Protection of Consumer Rights” of March 19, 1994.
9.2. If at the moment of exchange, the similar Goods are out of stock, the Buyer may purchase any other Goods from the stock with corresponding recalculation of the cost or dissolve the Agreement and receive back the funds in amount of the returned Goods’ price, or exchange the Goods to similar ones when the corresponding Goods go on sale.
9.3. In the event of detection during the established warranty period of substantial defects occurred through the fault of the manufacturer (the Seller) of the Goods or adulteration of the Goods confirmed by expert report, the Buyer may on its own discretion either terminate the Agreement with reimbursement of funds, or demand substitution of the Goods with the same Goods or a similar one from the Seller’s stock.
9.4. The Buyer and the Seller may terminate this Agreement any time prior to acceptance of the Goods by the Buyer.
9.5. The Buyer may terminate this Agreement within 14 (fourteen) calendar days from receipt of the Goods, exclusive of the day of purchase, subject to observance of all terms provided for in Clauses 10.1.1. and 10.1.2. hereof.
9.6. If the Goods were delivered to the Buyer by post, in event of termination of the Agreement it should be returned by post as well.
9.7. The Seller shall reimburse the Buyer’s expenses related to return of the Goods.
9.8. In event of breaking the Agreement and return of the Goods which have already been paid for by the Buyer by wire, the funds paid shall be returned by the Seller within 7 (seven) days from return.
9.9. If the Buyer refuses to accept the Goods which they have already paid for by wire and decides to terminate the Agreement, the funds paid shall be reimbursed by the Seller within 7 (seven) days from dissolution hereof.
10. WARRANTY COMMITMENTS
10.1 The Seller guarantees compliance of the Goods with government and/or industrial standards of Ukraine which establish requirements to such type of Goods.
10.2 The Seller shall not be liable for the Goods’ defects which occurred after its transfer to the Buyer due to violation by the latter of terms of Goods’ use (Goods maintenance instruction) or storage, actions of third parties or insuperable force.
10.3 The Seller establishes a 180-day warranty period for the Goods. The warranty period shall begin on the day following the acceptance of the Goods by the Buyer.
10.4 In event of detection of defects of the Goods within the established warranty period, the Buyer may demand free removal of the Goods’ defects within reasonable time.
10.5 In event of a warranty repair, the warranty period shall be extended by the time the Goods are in repair.
11. PROCEDURE OF ACCEPTANCE OF CLAIMS FOR GOODS
11.1. In event of claims with regard to the Goods purchased, the Buyer may address the Seller by sending it an electronic message to the e-mail posted on the Site.
11.2. Claim consideration period shall be up to 10 (ten) business days from claim receipt.
11.3. The Buyer should attach an expert report to the claim about substantial defects of the Goods which occurred through the fault of the manufacturer (the Seller) of the Goods or adulteration of the Goods.
11.4. After acceptance of the Goods by the Buyer, claims with regard to the Goods’ exterior and completeness shall not be accepted.
12. PUBLIC OFFER DURATION
12.1. Duration of this Public Offer shall be established from 01.06.2021 to 30.12.2021.
12.2. The Seller may revoke this Public Offer at any time, which shall not be cause for termination of the agreements in place.
12.3. The Seller may unilaterally amend this Agreement simultaneously posting it on the Site. Amendments made hereto shall not apply to the Agreements made prior to posting of such amendments on the Site.
13. RESPONSIBILITY OF THE PARTIES
13.1. The Parties shall be liable for non-performance or improper performance of the terms and conditions hereof according to the procedure provided in this Agreement and by the legislation of Ukraine in force.
13.2. In event of force majeure, the parties shall be released from fulfillment of the terms hereof. The force majeure circumstances shall mean the events of an extraordinary, unpreventable unpredictable nature eliminating or objectively preventing performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.
13.3. The Party referring to the effect of force majeure circumstances should notify the other Party of occurrence of such circumstances in advance.