Public Offer Agreement
This document is an agreement between Limited Liability Company “SPECPROMENERGO-1”, hereinafter referred to as the “Supplier”, and a person using the services of the website, hereinafter referred to as the “Customer”. The agreement governs the terms of ordering, purchasing, and delivering goods through the Supplier’s website. The Customer, wishing to purchase goods, accepts the terms of this agreement (hereinafter referred to as the “Agreement”) as follows:
1. TERMS AND DEFINITIONS
1.1. Public Offer (hereinafter “Offer”) is an open proposal by the Supplier addressed to an unspecified group of persons to enter into a contract for the supply of goods remotely under the terms set out in this Offer, including all appendices.
1.2. Order is the Customer’s decision to purchase goods and arrange their delivery, formalized through the website or by issuing a mandate for purchase and delivery.
2. GENERAL PROVISIONS
2.1. This text constitutes an official proposal (offer) of the Supplier’s website to any individual or legal entity (hereinafter “Buyer”) to enter into a contract for the supply of goods. Pursuant to Article 633 of the Civil Code of Ukraine, the terms of this agreement are identical for all Buyers.
2.2. Full acceptance of the Offer’s terms, confirming the conclusion of the Agreement on the proposed terms, occurs through the placement and confirmation of an Order, as provided for in Article 642 of the Civil Code of Ukraine.
2.3. By placing an Order, the Buyer agrees to all terms of this Offer without reservations.
2.4. By entering into the Agreement through acceptance of this Offer by placing an Order, the Buyer confirms that:
- They are fully aware of and agree with the terms of the Offer;
- They consent - They are fully aware of and agree with the terms of the Offer;
- They consent to the collection, processing, and transfer of their personal data in accordance with the terms specified in the Personal Data Processing Policy. This consent remains valid for the entire duration of the Agreement and indefinitely thereafter;
- The Buyer is informed of their rights under the Law of Ukraine “On Personal Data Protection,” the purpose of data collection, and the transfer of their personal data to the Supplier to fulfill the terms of this Agreement, perform settlements, and prepare invoices, waybills, and other documents;
- The Buyer agrees that the Supplier may share their personal data with third parties without additional notifications, provided this does not alter the purpose of data processing. The Buyer is aware of their rights as a personal data subject.
3. PRICE OF GOODS
3.1. Prices for goods are indicated on the Supplier’s website.
3.2. The Supplier may unilaterally change the prices of goods.
3.3. In case of a price change for ordered goods, the Supplier must inform the Buyer.
3.4. The Buyer may confirm or cancel the Order if the price changes after its placement.
3.5. The price of goods already paid for by the Buyer cannot be changed.
3.6. The cost of delivery is specified on the website or communicated to the Buyer by the Supplier’s manager during Order placement.
3.7. The Buyer’s payment obligation is considered fulfilled upon receipt of funds by the Supplier.
3.8. Payment methods for goods are listed on the website in the “Contacts” section, subsection “Payment.”
4. ORDER PLACEMENT PROCEDURE
4.1. Orders are placed by the Buyer via phone at: 0975942454 (manager), or through the online service on the website.
4.2. When registering on the website, the Buyer must provide the following information:
4.2.1. Surname and name of the Buyer or the person authorized to receive the goods;
4.2.2. Name of the legal entity (if applicable);
4.2.3. Delivery address;
4.2.4. Name of the transport company for delivery;
4.2.5. Email address;
4.2.6. Contact phone number.
4.3. Information about the name, quantity, price, and specifications of the ordered goods is specified in the invoice sent by the Supplier to the Buyer via email, messengers, or electronic document management systems (“Medok,” “Vchasno”).
4.4. The Supplier may request additional information from the Buyer if necessary. If the Buyer fails to provide the required information, the Supplier is not responsible for the quality of services provided.
4.5. When placing an Order through a manager, the Buyer must provide the information listed in clause 4.2.
4.6. The Buyer accepts the Offer’s terms by filling out the registration form on the website or placing an Order through a manager. Buyer data is entered into the Supplier’s database after an Order is placed through a manager.
4.7. The Buyer is responsible for the accuracy of the provided information.
4.8. The Agreement is considered concluded from the moment the Order is placed on the website or when the Buyer receives an invoice or other document confirming payment.
5. DELIVERY AND TRANSFER OF GOODS
5.1. Delivery terms, conditions, and methods are specified on the website in the “Contacts” section, subsection “Delivery.” The Buyer agrees on delivery details with the Supplier’s manager during Order placement.
5.2. Self-pickup of goods:
5.2.1. The Buyer may pay for and collect the goods at the address: 19604, Cherkasy Oblast, Cherkasy District, Chervona Sloboda, Mykhaila Verbytskoho St., 39.
5.2.2. Ownership and the risk of loss or damage to the goods pass to the Buyer upon signing the delivery note or transport document confirming the transfer of goods to the carrier.
5.3. Delivery is carried out by the Supplier’s staff or through third-party carriers.
5.4. Upon receipt, the Buyer must verify the goods’ quality, quantity, completeness, and shelf life in the presence of the courier.
5.5. The Buyer or their representative confirms the absence of claims regarding the goods by signing the delivery note or transport document.
6. RETURN OF GOODS
6.1. An individual Buyer may refuse the goods at any time before their transfer, except in cases specified in clause 6.3, or after transfer in accordance with the Law of Ukraine “On Consumer Rights Protection.”
6.2. Goods of proper quality may be returned within 14 days if their appearance, consumer properties, and purchase documents are preserved.
6.3. Goods made to the Buyer’s individual specifications, which are suitable only for that Buyer, cannot be returned.
6.4. Returns are made at the address: 19604, Cherkasy Oblast, Cherkasy District, Chervona Sloboda, Mykhaila Verbytskoho St., 39.
6.5. For returns of proper quality goods, the Supplier refunds their cost, excluding delivery expenses.
6.6. Refunds are processed within 10 working days after the Supplier receives the returned goods.
6.7. Conditions for refunding payments made by legal entities via non-cash transactions (with VAT) are specified in a separate supply agreement.
7. LIABILITY OF THE PARTIES
7.1. The Supplier is not liable for damages caused by the Buyer’s improper use of goods ordered through the website.
7.2. The Supplier is not responsible for improper or untimely Order fulfillment if the Buyer provided inaccurate information.
7.3. The parties are responsible for fulfilling their obligations in accordance with Ukrainian law and this Agreement.
7.4. The parties are exempt from liability for failure to fulfill obligations due to force majeure events (war, natural disasters, etc.). The party unable to fulfill its obligations must promptly notify the other party.
8. DETAILS AND ADDRESS
Limited Liability Company “SPECPROMENERGO-1”
Address: 19604, Cherkasy Oblast, Cherkasy District, Chervona Sloboda, Mykhaila Verbytskoho St., 39