PUBLIC CONTRACT (TENDER)
to order, purchase and sale and delivery of goods
Publication date of the Public Offer: 02/10/2024
This contract is an official and public offer of the Seller to conclude a contract of purchase and sale of the Goods presented on the official website of the online store to an unlimited number of people remotely. This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, without favoring one buyer over another.
DEADLINES
1. Acceptance – full acceptance and fulfillment of the terms of the Agreement, implemented by means specified in the Agreement.
2. The seller is Private enterprise "Evrobudkompani", ITN code 36071703,
which was created and operates in accordance with the current legislation of Ukraine,
location: Ukraine, 45631, , Volyn region, Lutsk district, Mylushi village, str. Tarasova, building 17, is a general income tax payer.
Organizes the process of selling goods through the online store.3. The payer is a legally competent natural person who pays for the ordered Goods.
4. The buyer is a legally competent natural person who accepted this Agreement and ordered the Goods.
5. The recipient of the Goods is a natural person who receives the ordered and paid for Goods.
6. The manufacturer is a natural person-entrepreneur and/or a legal entity that is the manufacturer of the Product, which is subsequently sold in the online store in accordance with the contract between such a person and the Seller or Administrator.
7. The user is a natural person who, in particular, but not exclusively, browses the web pages of the online store.
8. Online store – created in accordance with the Law of Ukraine "On Electronic Commerce" means for the sale of goods through the execution of an electronic transaction, located at the address on the Internet: https://soficlock.com
9. Registration is the algorithm of actions of the User and/or the Buyer on the web page of the online store to gain access to the Personal account, namely: filling out the personal data form (name, surname, phone number, e-mail, creating a password).
10. Authorization – the algorithm of actions of the registered User and/or Buyer for entering the Personal Cabinet.
11. Order – the actions of the Buyer regarding the selection, purchase and delivery of the selected Product through the Internet store service and/or the formed order for the purchase of the Product.
12. Shopping cart is an online store service that allows the Buyer to view the selected Product and make a decision on its purchase, as well as proceed to placing the Order.
13. Personal account – a service of the Internet store, with the help of which the User or Buyer, after authorization, has access to additional features of the Internet store.
14. A product is a product placed in the online store for sale.
15. Personal data - information provided by the User and/or Buyer for registration in the Personal Account, ordering the Product, posting reviews, etc.
16. Public offer (hereinafter - the "Offer") - a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the purchase and sale of goods remotely (hereinafter - the "Agreement") on the terms contained in this Offer.
17. Realization of the goods by remote means - concluding an electronic contract based on the Buyer's familiarization with the description of the Goods and the public contract (offer) posted on the web page of the online store.
SCOPE OF THE CONTRACT
1. The Seller undertakes to provide the Buyer with the Goods on the terms and in the manner specified by this Agreement, and the Buyer undertakes to pay and accept the Goods on the terms and in the manner specified by this Agreement.
2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of full and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date of filling out the order form by the Buyer located on the website of the online store, provided that the Buyer receives an electronic confirmation of the order from the Seller.
3. The buyer has the right to place an order for any Product presented on the website of the online store that is available.
4. The manufacturer of the Goods bears full responsibility for the quality of the Goods.
CONTRACT CONCLUSION PROCEDURE
1. The Public Contract has legal force, in accordance with Art. 633, 634, 641, 642 of the Civil Code of Ukraine, and is equivalent to a contract signed and sealed by the Parties. The Buyer and the User do not have the right to offer the Seller their terms of conclusion of the Agreement.
2. The Agreement is concluded by providing full and unconditional consent (Acceptance) by the Buyer or User without signing a written copy of the Agreement by the Parties. If the Buyer or User does not agree with the terms of the Agreement, it is impossible to order the Goods and/or Register.
3. By concluding this Agreement, the Buyer and the User automatically confirm the fact of familiarization and agree to full and unconditional acceptance of its terms and conditions.
4. According to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this proposal (offer), which confirms the conclusion of the Agreement for the sale of goods on the terms proposed below, is the fact of execution and confirmation of the order.
5. By concluding the Agreement (that is, by accepting the terms of the real Offer (Offered Opportunities) by placing the Order), the Buyer confirms that he is fully and completely acquainted with and agrees with the terms of this offer (offer).
REGISTRATION AND AUTHORIZATION
1. In order to gain access to the Personal Cabinet, the User and/or Buyer must complete Registration and Authorization.
2. To register in the online store, the User and/or Buyer must provide the following data:
• name and surname;
• email and contact phone number;
• create a password.
3. The User and/or the Buyer can perform the Authorization by specifying the e-mail and password in the Authorization form;
4. After registration and authorization, the online store provides access to the Personal Cabinet.
PROCESSING AN ORDER FOR THE PURCHASE OF GOODS
1. The Buyer places an Order for the purchase of Goods as follows:
• adds the Product to the "Cart" section through the service of the Internet store website;
• selects the quantity of Goods in the shopping cart;
• on the Order registration page, indicate your personal data: name, surname, e-mail and contact phone number (authorized Users do not need to fill in this information);
• chooses the method of payment for the Goods;
• chooses the method of delivery of the Product, which depends on the dimensions of the Product, the amount of the Order and the wishes of the Buyer;
• if necessary, adds a comment for the delivery of the Goods;
• confirms the Order. By confirming the Order, the Buyer confirms his agreement with the terms of this offer.
2. The buyer bears full responsibility for the data specified by him when ordering, including the data of the Recipient and the Payer. The Buyer, specifying another person as the Recipient, gives the full and unconditional right to transfer the ordered Goods to such a person. The Buyer, specifying another person as the Payer, confirms full and unconditional receipt from such person of the right to specify him as the Payer and the obligation to pay for the Goods. In the case of receiving any claims from the Payer or the Recipient, the Buyer is obliged to settle them on his own, and also, in case of the Payer's refusal to pay and/or the Recipient's refusal to accept the Goods, to pay for and accept such Goods under the terms of this Agreement. By placing an Order specifying the Recipient or Payer, the Buyer confirms that he is familiar with the conditions set forth in this clause of the Agreement.
3. The goods available for purchase in the online store are the property of the Seller, are not in dispute or under prohibition, third parties have no rights to them.
4. The Seller reserves the right to unilaterally make changes to its price and/or quantity prior to the transfer of the Goods, notifying the Buyer of this via any of the available notification services (in particular, but not exclusively, by e-mail, sms, message in messenger ).
5. Photos of the Goods presented on the website may differ slightly from the actual appearance of the Goods. Descriptions and/or specifications accompanying the Goods are provided for reference. The online store does not guarantee the accuracy and completeness of the materials about the Goods presented for sale, the main characteristics of the Goods are indicated by the Seller. The User and/or the Buyer can obtain complete information about the Product by contacting the online store in any available way. The Seller can make changes to the descriptions, characteristics or photos of the products at any time without prior notice. To clarify information about the Product, the User and/or the Buyer can contact the online store by any available means.
PAYMENT AND DELIVERY OF GOODS
1. The Buyer and/or the Payer shall pay for the Goods during the Order registration or at the time of its receipt:
• non-cash;
2. In the case of payment for the Goods using payment systems or the Internet banking system, such payment is made on the terms provided by the payment system chosen
Buyer and/or Payer, or internet banking used by Buyer and/or Payer.
3. All commission payments incurred by the Buyer and/or the Payer when paying for the Goods by cashless prepayment shall be paid by the Buyer and/or the Payer, unless otherwise provided by the relevant payment system, remote service system or the Buyer's and/or the Payer's bank.
4. By sending a message (sms, email, messenger, etc.) or by phone call, the online store informs the Buyer and / or the Recipient about the successful completion of the order by the Buyer, the number of the consignment note, etc.
5. Receipt of the Goods by the Buyer or Recipient and signing of the invoice/bill of lading or other document confirming the transfer of the Goods shall be considered as confirmation of the transfer of the Goods.
RETURN AND WARRANTY TERMS
1. The buyer has the right to return and/or exchange a quality product within 14 (fourteen) calendar days from the moment of receipt, if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used by him for its intended purpose, in accordance with Article 9 of the Law of Ukraine "On the Protection of Consumer Rights".
2. Quality goods, the list of which is provided for in Resolution of the Cabinet of Ministers of Ukraine No. 172 of March 19, 1994 on the implementation of certain provisions of the Law of Ukraine "On the Protection of Consumer Rights" are not subject to return and/or exchange.
3. Return of goods of proper quality is carried out if:
• preserved product completeness;
• preserved integrity of the package;
• preserved markings and labels of the manufacturer;
• the product is new and has not been used: there are no signs of use, scratches, chips, wear, etc.
4. The Seller returns the money paid for the Goods, provided that the Buyer provides the undamaged Goods, which have not been used, with undamaged packaging and labels, and a completed and signed Application for the return of the Goods. In advance, the Buyer must contact the hotline for advice on actions to process the return of Goods and Funds.
5. The Seller returns the money for the Goods to the Buyer within 5 working days from the moment of receipt of the Goods by the representative of the online store.
6. The seller determines the following procedure for returning the Goods:
• The buyer informs the hotline of the online store about the return of the Product by calling the hotline, in writing in chat, messenger or by e-mail to soficlock.shop@gmail.com;
• The buyer fills out the Application for the return of the goods, indicates the reason for the return and data in all fields, including full name, IBAN, bank card number and TIN, and signs.
• The Buyer packs the Product in its original packaging, complete with a complete set (products supplied in a set must also be returned) and sends the documents and the Product to the address specified by the online store hotline.
7. Funds are returned to the Payer under the conditions set out above, but only if the Seller receives the Goods.
8. The return of the Goods by the Recipient is carried out under the same conditions as by the Buyer. Additional consent of the Payer is not required in this case.
9. In case of return of the Goods of proper quality, all costs related to the delivery of the Goods and the return of funds shall be borne by the Buyer.
10. Exchange and/or return of goods of inadequate quality is carried out:
• if it is falsified, which is confirmed by the examination;
• in the presence of significant defects that make it impossible to use the Product;
• if at the time of purchase and within 14 days after purchase, the Buyer discovered that the terms of use of the Goods have expired.
11. In case of return or exchange of Goods of inadequate quality, all costs related to the delivery of the Goods and the return of funds shall be borne by the Seller in accordance with the Law of Ukraine "On the Protection of Consumer Rights".
12. The Manufacturer guarantees the quality of its own Goods, provided that the Buyer complies with the conditions of use, purpose and technical characteristics of the Goods.
13. The Seller and/or Manufacturer does not guarantee the quality of the Goods if:
• The buyer does not use the product for its intended purpose;
• The buyer does not follow the instructions and terms of use of the Goods;
• The buyer does not comply with the terms of storage of the Goods;
• The Buyer mixes the Goods with other similar goods;
• the period of storage and use of the Goods has expired.
14. The Seller and/or the Manufacturer shall not return the Goods under warranty if the Buyer has violated the terms of clause 3 of the Return and Warranty Conditions of this Agreement.
15. Delivery of the Goods is carried out by the Seller with the involvement of a carrier or postal service.
16. In case of delivery of the Goods by carrier or postal service, the Seller is not responsible for damage or loss of the Goods during delivery. From the moment the Goods are handed over to the carrier or postal service, all risks of damage and loss of the Goods are borne by the carrier or postal service. Upon receipt of the Goods, the Buyer is obliged to inspect them in the presence of a representative of the carrier or the postal service and, in case of damage, draw up an Act indicating all defects. You can familiarize yourself with the terms and conditions of delivery services by a carrier or postal service by using the internal link to the official website of such a carrier or postal service.
17. In the case of payment for the Goods using payment systems or remote service systems, the Seller is not responsible and does not guarantee the accuracy of the non-cash advance payment, terms and cost. In this case, payment systems or remote service systems act as guarantors of non-cash payment. The responsibility for the accuracy of the transfer, the amount and the term of such transfer rests with the service or system used by the Buyer and/or the Payer. You can familiarize yourself with the terms of payment for the Product by using payment systems and remote service systems on the official website of such systems.
RIGHTS AND DUTIES
1. The user has the right to:
• view web pages of the online store without placing an Order;
• register in the online store and get access to the Personal Cabinet;
2. The user is obliged to:
• comply with the terms of this Agreement when using the Internet store.
3. The buyer has the right to:
• register in the online store and get access to the Personal Cabinet.
• pay for and receive the Goods on the terms set forth in the Agreement;
• refuse the purchase and return the Product under the conditions set forth in the Agreement;
4. The buyer is obliged to:
• comply with the terms of the Agreement;
• pay (if no other person is specified by the Payer) and accept (if no other person is specified by the Recipient) the ordered Goods in accordance with the terms stipulated in the Agreement;
• before using the Product, familiarize yourself with the instructions for use and technical characteristics of the Product;
• use the Product in accordance with its purpose;
• comply with the terms of use of the Product;
5. The seller has the right to:
• receive payment for the Goods;
• refuse to return or exchange the Goods in accordance with the terms of the Agreement;
• refuse to return the funds paid for the Goods, in accordance with the terms of the Agreement;
• change the price of the Product;
• change the terms of the Agreement;
• refuse the sale of the Goods to the Buyer in case of violation of the terms of the Agreement.
6. The seller is obliged to:
• provide the Buyer with information about the Product;
• return or exchange the Goods in accordance with the terms of the Agreement;
• hand over the Goods to the Buyer (if no other person is specified as the Recipient);
• not to divulge information about Buyers, Users, Payers and Recipients and not to provide access to confidential information to third parties, except for cases provided for by law and the terms of the Agreement, or at the request of such a person.
7. The recipient has the right to:
• Accept the Goods under the terms of this Agreement;
• Refuse to accept the Goods under the terms of this Agreement.
8. The payer is obliged to:
• Pay for the Goods under the terms of this Agreement;
• Return the funds paid for the Product under the terms of this Agreement
LIABILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
1. When contacting or leaving comments in the online store, the Buyer or User bears full and unconditional responsibility that such comments are not illegal, harmful, threatening, defamatory, insulting the dignity of another physical person; do not violate copyrights, do not promote hatred and/or discrimination against people based on racial, ethnic, sexual, religious, social grounds, do not contain insults directed at specific persons or organizations, and do not in any other way violate the current legislation of Ukraine. The Buyer and the User agree that any of their messages or comments in the Online Store may be deleted without their consent, and may also be used by the Seller for marketing and advertising purposes free of charge. The Seller is not responsible for any information posted by the User or Buyer of the Online Store. The parties are responsible in accordance with the current legislation of Ukraine for non-fulfillment or improper fulfillment of their obligations under this Agreement.
2. The Seller is not responsible for the appearance, composition and configuration of the Goods changed by the Manufacturer.
3. The Seller is not responsible for the defects of the Goods that arose after their delivery to the Buyer as a result of the Buyer's violation of the rules for the use or storage of the Goods, the actions of third parties or force majeure. The Seller is not responsible for poor performance or non-fulfilment of its obligations in connection with outdated and/or incorrectly provided information by the Buyer in the online store for placing the Order.
4. The seller is not responsible if as a result of consumption or use of the Goods, damage to health and/or short-term and/or long-term illness of an animal is caused. The buyer is solely responsible for the selection, use and purpose of the Product for the animal.
5. The Manufacturer is responsible for the quality of the Goods sold by the Seller, except for proven cases where the quality violation occurred after the Goods were handed over to the Seller.
6. If the Recipient of the Goods specified by the Buyer is an individual who does not have full legal capacity or legal capacity, all risks related to the receipt and use of the Goods shall be borne by the Buyer.
7. All disputes arising under this Agreement and/or related to it shall be resolved through negotiations between the Parties.
8. If the relevant dispute cannot be resolved through negotiations, such a dispute shall be resolved in court in accordance with the current legislation of Ukraine.
CONFIDENTIAL INFORMATION AND PROTECTION OF PERSONAL DATA
1. Confidential information for the purposes of this Agreement means information related to the conditions of using the online store and making purchases in it. Confidential information includes:
• Personal data of the Buyer and User;
• comments, reviews, other messages from the Buyer and the User;
• complaint materials and requests of the Buyer and User.
2. The seller guarantees that the information:
• stored as confidential and not reproduced and/or copied beyond a reasonable period for the purposes of the Agreement;
• will not be transferred, disclosed or otherwise made available to any other third party, except for officers, employees, trustees of the Administrator and the Seller, who need to know and use the Confidential Information for the purposes of the Agreement;
• is not used for any other purpose, except for the purposes of this Agreement;
• stored in compliance with safety measures.
3. The provisions of this Agreement shall not apply to information that:
• has become or is becoming public knowledge for reasons not related to violations by the Party;
• open for distribution by the Party;
• must be disclosed in accordance with the law or any regulatory act of the executive power of Ukraine.
4. By accepting the Agreement, the Buyer consents to the collection and processing of his Personal Data for the following purpose: the data that becomes known will be used to ensure relations in the field of purchase and sale, relations in the field of consumer rights protection, and in the field of advertising and marketing research.
5. By registering in the online store, as well as leaving any comment, request or complaint, etc., the User gives his consent to the collection and processing of his personal data for the following purpose: the data that becomes known will be used to ensure relations in the field of purchase and sale , relations in the field of consumer rights protection, in the field of advertising and marketing research.
6. By specifying a mobile phone number and email address during Registration or Ordering, the User and/or Buyer automatically agrees to receive messages from the Online Store, the Administrator and the Seller, in particular of an advertising nature.
7. The Buyer and/or User may at any time refuse to receive messages through the appropriate action algorithm specified in such a message.
8. The Seller undertakes not to disclose Personal Data received from the Buyer and/or User and to comply with the requirements of the Law of Ukraine "On the Protection of Personal Data".
9. It is not considered a violation:
• provision by the Seller of Personal data of the Buyer and/or User and relevant information to third parties acting on the basis of a contract with the Seller to fulfill contractual obligations to the Buyer and/or User;
• provision of information in accordance with the justified and applied requirements of the current legislation of Ukraine.
FORCE MAJEURE
1. As a result of force majeure, the parties are released from responsibility for non-fulfillment or improper fulfillment of the obligations stipulated in the Agreement.
2. Force majeure circumstances (circumstances of force majeure) are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated in the terms of the contract (contract, agreement, etc.), obligations, according to legislative and other regulatory acts, and namely: threat of war, armed conflict or serious threat of such conflict (including but not limited to enemy attacks, blockades, military embargoes), acts of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, acts of a public enemy, disturbances, acts of terrorism , sabotage, piracy, disorder, invasion, blockade, revolution, mutiny, uprising, mass riots, introduction of curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, 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 relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc. As well as circumstances caused by exceptional weather conditions and natural disasters, namely: epidemic, strong storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning , fire, drought, subsidence and landslide, other natural disasters, etc.
3. Circumstances that are not specified in the above list, but meet the criteria of force majeure, may be recognized as force majeure, in accordance with the provisions of clause 6.9 of the Regulation on certification by the Chamber of Commerce and Industry of Ukraine and regional chambers of commerce and industry of force majeure circumstances (circumstances force majeure), approved by the Decision of the Presidium of the Chamber of Commerce and Industry of Ukraine dated December 18, 2014 No. 44(5), do not contradict the legislation of Ukraine and are agreed by the parties in the agreement, contract, agreement as exempting them from civil liability.
4. Financial and economic crisis, default, growth of official and commercial foreign currency rates to
5. national currency, non-observance/violation of its obligations by the debtor's counterparty, lack of goods on the market necessary to fulfill the obligation, lack of the debtor's necessary funds, etc.
6. In cases where force majeure circumstances continue for 6 (six) months or more or when it becomes obvious that such circumstances will continue during the above-mentioned period, any of the Parties has the right to refuse to fulfill its obligations.
TERM OF THE CONTRACT
1. This Public Offer Agreement is considered concluded from the moment of receipt by the person who sent the offer to conclude such an agreement.
2. ADDRESS AND DETAILS:
Private enterprise "Evrobudkompani"
Legal address: Ukraine, 45631, , Volyn region, Lutsk district, Mylushi village, str. Tarasova, building 17
ITN code: 36071703
E-mail - soficlock.shop@gmail.com
Phone. +380-66-133-91-89