This agreement constitutes an official and public offer by the Seller to enter into a purchase and sale agreement for the Goods presented on the website https://arpal.ua/. In accordance with Article 633 of the Civil Code of Ukraine, this agreement is public, meaning its terms are identical for all buyers, regardless of their status (individual, legal entity or individual entrepreneur), and no buyer is given preference over another. By accepting this Agreement, the buyer agrees to the terms and procedures for placing orders, paying for goods, delivering goods, returning goods, liability for orders made in bad faith, and all other terms of the agreement. The agreement is considered to have been concluded from the moment the ‘Confirm Order’ button is pressed on the checkout page in the ‘Cart’ section, and the Buyer receives an order confirmation from the Seller in electronic form.
1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal by the Seller, addressed to an indefinite circle of persons, to conclude a contract for the purchase and sale of goods in a remote manner (hereinafter referred to as the “Contract”) under the terms contained in this Offer.
1.2. Goods or Service – the subject of the agreement between the parties, which was selected by the buyer on the Online Store website, added to the cart and either purchased or already purchased remotely from the Seller.
1.3. Online store – the Seller’s website at https://arpal.ua/, created for the purpose of concluding retail and wholesale purchase and sale agreements based on the Buyer familiarising themselves with the description of the Goods offered by the Seller online.
1.4. Buyer – a capable individual aged 18 or over who receives information from the Seller and places orders for the purchase of Goods presented on the Online store website for purposes unrelated to business activities, or a legal entity or an individual entrepreneur.
1.5. Seller: Individual Entrepreneur Slobodianyk Darya Volodymyrivna (EDRPOU code: 3635509262). A legal entity established and operating in accordance with the current legislation of Ukraine. Registered address: 2a Voiniv-internatsionalistiv Street, Vinnytsia.
2.1. The Seller agrees to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay for and accept the Goods under the terms of this Agreement.
2.2. The Offer Agreement is considered concluded (and the terms of the Agreement are considered fully and unconditionally accepted by the Buyer) when the Buyer fills out the order form on the Online Store website and receives an order confirmation from the Seller in electronic form. If necessary, the Agreement may be executed in writing at the Buyer’s request.
3.1. The Buyer independently places an order in the Online Store via the “Cart” form, or by email or phone, using the details provided in the contact section of the Online Store.
3.2. The Seller reserves the right to refuse an order if the information provided by the Buyer during the ordering process is incomplete or raises suspicion regarding its validity.
3.3. When placing an order on the Online Store website, the Buyer must provide the following mandatory information required by the Seller to fulfil the order:
3.3.1. Surname and first name of the Buyer;
3.3.2. Address to which the Goods should be delivered (if delivery is to the Buyer’s address);
3.3.3. Contact phone number;
3.3.4. Identification code for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5.If either Party to the agreement requires additional information, they have the right to request it from the other Party. If the Buyer fails to provide the required information, the Seller shall not be held liable for providing quality service to the Buyer when purchasing goods from the online store.
3.6. When placing an order via the Seller’s operator (as set out in clause 3.1. of this Offer), the Buyer agrees to provide the information specified in clauses 3.3–3.4. of this Offer.
3.7. The Buyer’s acceptance of the terms of this Offer is confirmed by entering the relevant data into the registration form on the Online Store website, or by placing an Order via 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 ensuring that the information provided when placing the Order is accurate.
3.9. By entering into the Agreement – specifically by accepting the terms of this proposal (the conditions offered for purchasing the Goods) by placing an Order – the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this proposal (offer);
(b) The Buyer grants permission for the collection, processing and transfer of personal data. This permission for the processing of personal data remains valid for the entire duration of the Agreement and for an unlimited period after its expiry. Furthermore, by entering into the Agreement, the Buyer confirms that they have been notified of the rights established by the Law of Ukraine “On Protection of Personal Data”, the purposes of data collection and the fact that their personal data is transferred to the Seller to enable fulfilment of the terms of this Agreement, conduct of mutual settlements and receipt of invoices, certificates and other documents. The Buyer also agrees that the Seller has the right to provide third parties with access to their personal data and transfer it to them without any additional notification to the Buyer, for the purpose of fulfilling the Buyer’s order. The Buyer is aware of and understands the scope of their rights as a personal data subject in accordance with the Law of Ukraine “On Protection of Personal Data”.
4.1. Prices for Goods and services are determined independently by the Seller and are indicated on the Online Store website. All prices for Goods and services on the website are listed in Ukrainian Hryvnia (UAH), including 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, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The price of the Goods indicated on the Online Store website does not include delivery costs to the Buyer. The Buyer pays the delivery cost in accordance with the current rates of the delivery services (carriers) directly to the chosen delivery service (carrier).
4.4. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer’s address.
4.5. At the Buyer’s request, the Seller may provide an estimate of the delivery cost to the Buyer’s address by email or when placing an order via the Online Store operator.
4.6. The Buyer’s obligations regarding payment for the Goods are considered fulfilled from the moment the funds are credited to the Seller’s account.
4.7. The Buyer shall pay 100% of the total invoice amount for the goods in accordance with the order, unless otherwise specified on the invoice.
The Order is considered paid from the moment 100% payment for the goods has been received in the Seller’s current account. The fact of such payment serves as evidence of the Buyer’s consent to the terms of this Agreement.
The Seller will deliver the Order after 100% payment has been made.
4.8. Upon receipt of the goods, the Buyer must verify in the presence of a delivery service representative that the Goods correspond to the specified quality and quantity (product name, quantity, completeness and expiry date).
4.9. By signing the sales receipt/order/waybill for the delivery of goods, the Buyer or their representative confirms that they have no claims regarding the quantity, appearance, or completeness of the goods.
4.10. Ownership and the risk of accidental loss or damage to the Goods shall pass to the Buyer or their Representative from the moment the Buyer receives the Goods at the point of delivery in the case of self-collection from the Seller, or at the moment the Seller hands over the goods to the delivery service (carrier) selected by the Buyer
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not disclose any private information about the Buyer, nor provide third parties with access to this information, except as provided by law and for the purpose of fulfilling the Buyer’s order.
5.2 The seller has the right to:
5.2.1. Unilaterally amend the terms of this Agreement and the prices of Goods and services by publishing the amendments on the Online Store website. All changes take effect from the moment of publication.
5.3 The Buyer undertakes to:
5.3.1. Familiarise themselves with the content of the Agreement and the prices offered by the Seller on the Online Store website before concluding the Agreement.
5.3.2. Provide all the data necessary for the Seller to fulfil its obligations to the Buyer, including data that uniquely identifies the Buyer and is sufficient for the delivery of the ordered Goods.
6.1. The Buyer has the right to return goods of proper quality to the Seller if they are not satisfied with the shape, dimensions, style, colour or size of the Goods, or if the Goods cannot be used for their intended purpose for any other reason. The Buyer has the right to return goods of proper quality within 14 days of purchase. Goods of proper quality may be returned if they have not been used, and if their merchantable appearance, consumer properties, packaging, seals, labels and the payment document issued to the Buyer for payment of the Goods are intact. The list of Goods that cannot be returned for the reasons set out in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. Refunds for goods of proper quality are made within 30 (thirty) calendar days of the Seller receiving the Goods, provided the requirements set out in clause 6.1 of the Agreement and Ukrainian legislation are met.
6.3. The cost of the goods is refunded via bank transfer to the Buyer’s account.
6.4. The Buyer is responsible for the cost of returning goods of proper quality to the Seller’s address and this cost is not reimbursed by the Seller.
6.5. If defects in the Goods are discovered during the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to present to the Seller the claims provided for by the Law of Ukraine “On Protection of Consumer Rights.” When presenting claims for the free-of-charge elimination of defects, the timeframe for their resolution begins when the Seller takes possession of the goods and gains physical access to them.
6.6. Consideration of claims provided for by the Law of Ukraine “On Protection of Consumer Rights” is carried out by the Seller provided that the Buyer submits the documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods arising after their transfer to the Buyer as a result of the Buyer violating the rules for using or storing the goods, the actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality with individually defined properties, provided that these goods can only be used by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, configuration, etc.). A product is considered to have individually defined properties if its dimensions or other characteristics differ from those indicated in the online store.
6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated in the ‘Contacts’ section on the website.
7.1 The Seller shall not be held liable for any damage to the Buyer or third parties resulting from the Goods purchased from the Seller being improperly installed, used or stored.
7.2. The Seller shall not be held liable for improper or untimely fulfillment of Orders and its obligations if the Buyer provides inaccurate or erroneous information.
7.3. Both the Seller and the Buyer are responsible for fulfilling their obligations in accordance with current Ukrainian legislation and the provisions of this Agreement.
7.4. Neither the Seller nor the Buyer shall be liable for any failure to fulfil their obligations if such failure is the result of circumstances beyond their control, such as war, military action, earthquake, flood, fire or other natural disasters arising independently of the will of the Seller and/or the Buyer after this Agreement was concluded. The party unable to fulfil their obligations must notify the other Party immediately.
8.1. By providing their personal data on the Online Store website during registration or when placing an Order, the Buyer grants the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine “On Protection of Personal Data,” without a limited duration for such consent.
8.2. The Seller undertakes not to disclose any information received from the Buyer. This is not considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be held liable for poor performance or non-fulfilment of its obligations due to the Buyer providing irrelevant or inaccurate information.
9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. Any disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a settlement cannot be reached through negotiations, either party has the right to apply to the judicial authorities for dispute resolution in accordance with Ukrainian law
9.3. The Seller may unilaterally amend this Agreement as set out in clause 5.2.1 of the Agreement. Furthermore, the Agreement may be amended by mutual consent of the Parties in accordance with the current legislation of Ukraine.
Seller:
Individual Entrepreneur
Slobodianyk Darya Volodymyrivna
Registered Address: 2a Voiniv-internatsionalistiv St., Vinnytsia
EDRPOU code (Tax ID): 3635509262
IBAN: UA633052990000026005006111258
