This agreement constitutes an official and public offer by the Seller to enter into a sales agreement for the Products presented on the website https://arpal.ua/. This agreement is public, meaning that pursuant to Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their legal status (natural person, legal entity, or individual entrepreneur) without preference given to any one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedures for placing orders, paying for goods, delivering goods, returning goods, liability for bad-faith orders, and all other terms of this Agreement. The Agreement shall be deemed concluded from the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives electronic order confirmation from the Seller.
1. DEFINITIONS
1.1. Public Offer (hereinafter — “Offer”) — a public proposal by the Seller, addressed to an indefinite number of persons, to enter into a remote sales agreement with the Seller (hereinafter — “Agreement”) under the terms set forth in this Offer.
1.2. Product or Service — the subject matter of the parties’ agreement, which was selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store — the Seller’s website at https://arpal.ua/, created for concluding retail and wholesale sales agreements based on the Buyer’s review of the product descriptions provided by the Seller via the Internet.
1.4. Buyer — a legally capable natural person who has reached the age of 18, receives information from the Seller, places orders for goods presented on the Online Store website for purposes unrelated to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.5. Seller — Individual Entrepreneur Slobodianyk Daria Volodymyrivna, USREOU: 3635509262, a legal entity established and operating in accordance with the current legislation of Ukraine, located at: 2V Polytekhnichna St., Vinnytsia.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The Seller undertakes to transfer ownership of the Product to the Buyer, and the Buyer undertakes to pay for and accept the Product under the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the Agreement’s terms shall be the date the Buyer completes the order form located on the Online Store website, provided the Buyer receives electronic order confirmation from the Seller. If required and at the Buyer’s request, the Agreement may be formalized in writing.
3. ORDER PLACEMENT
3.1. The Buyer independently places orders in the Online Store through the “Cart” form, or by placing an order via email or by phone number specified in the contact section of the Online Store.
3.2. The Seller has the right to refuse to transfer an order to the Buyer if the information provided by the Buyer during order placement is incomplete or raises doubts as to its authenticity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. the Buyer’s last name and first name;
3.3.2. the address to which the Product should be delivered (if delivery to the Buyer’s address);
3.3.3. contact phone number;
3.3.4. identification code for legal entities or individual entrepreneurs.
3.4. The name, quantity, article number, and price of the Product 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 liable for inadequate service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes 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 accomplished by the Buyer entering the relevant data into the registration form on the Online Store website or when placing an Order through an operator. After placing an Order through an Operator, the Buyer’s data is entered into the Seller’s database.
3.8. The Buyer bears responsibility for the accuracy of the information provided when placing an Order.
3.9. By concluding this Agreement, i.e., by accepting the terms of this offer through placing an Order, the Buyer confirms the following:
a) the Buyer is fully and completely acquainted with and agrees to the terms of this offer;
b) the Buyer grants permission for the collection, processing, and transfer of personal data; the permission for personal data processing is valid for the entire duration of the Agreement, as well as for an unlimited period after its expiration. Furthermore, by concluding the Agreement, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer the Buyer’s personal data to third parties without any additional notification to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by the Buyer.
4. PRICE AND DELIVERY OF GOODS
4.1. Prices for Products and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Products and services on the website are listed in Ukrainian Hryvnia (UAH), including VAT.
4.2. Prices for Products and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of a Product that has been fully paid for by the Buyer cannot be changed by the Seller unilaterally.
4.3. The price of the Product indicated on the Online Store website does not include the cost of delivery of the Product to the Buyer. The Buyer pays the cost of delivery directly to the selected delivery service (carrier) in accordance with the current rates of the delivery services.
4.4. The price of the Product indicated on the Online Store website does not include the cost of delivery of the Product to the Buyer’s address.
4.5. The Seller may indicate an approximate delivery cost to the Buyer’s address upon the Buyer’s request submitted to the Seller by email or when placing an order through the online store operator.
4.6. The Buyer’s obligations to pay for the Product shall be deemed fulfilled from the moment the funds are credited to the Seller’s account.
4.7. The Buyer makes 100% payment for the Product in accordance with the Order based on the Seller’s invoice unless otherwise specified in the payment invoice. An Order shall be deemed paid from the moment 100% payment for the goods is credited to the Seller’s settlement account. The fact of such payment constitutes the Buyer’s agreement to the terms of this Agreement. Delivery of the Order by the Seller is carried out after 100% payment of the Order.
4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify the compliance of the Product with its qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or their representative, upon acceptance of the Product, confirms with their signature on the receipt / or in the order / or in the consignment note that they have no claims regarding the quantity, external appearance, and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Product shall pass to the Buyer or their representative from the moment the Buyer receives the Product at the delivery location when collected directly from the Seller, or at the moment the Seller transfers the Product to the delivery service (carrier) selected by the Buyer.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Seller undertakes to:
5.1.1. Transfer the Product 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 and not provide access to such information to third parties, except as provided by law and during the execution of the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Amend the terms of this Agreement, as well as prices for Products and services, unilaterally by publishing them on the Online Store website. All changes take effect from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Prior to concluding the Agreement, review the content of the Agreement, its terms, and the prices offered by the Seller on the Online Store website.
5.3.2. Provide all necessary data that unambiguously identifies them as the Buyer and is sufficient for delivery of the ordered Product to the Buyer.
6. PRODUCT RETURNS
6.1. The Buyer has the right to return a non-food product of adequate quality to the Seller if the product did not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons it cannot be used for its intended purpose. The Buyer has the right to return a product of adequate quality within 14 (fourteen) days, not counting the day of purchase. Return of a product of adequate quality is carried out if it has not been used and if its commercial appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer have been preserved. The list of products not subject to return on such grounds is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the value of a product of adequate quality shall be made within 30 (thirty) calendar days from the moment the Seller receives such Product, subject to compliance with the requirements of clause 6.1 of this Agreement and the current legislation of Ukraine.
6.3. The value of the goods is refunded by bank transfer to the Buyer’s account.
6.4. Return of a Product of adequate quality to the Seller’s address shall be at the Buyer’s expense and shall not be reimbursed by the Seller.
6.5. In the event defects in the Product are discovered during the established warranty period, the Buyer personally, in the manner and within the time frames established by the legislation of Ukraine, has the right to make claims to the Seller as provided by the Law of Ukraine “On Consumer Rights Protection.” When filing claims for free elimination of defects, the elimination period is counted from the date the Seller receives the Product into their possession and has physical access to it.
6.6. Consideration of claims provided by the Law of Ukraine “On Consumer Rights Protection” is conducted by the Seller provided the Buyer submits the documents required by the current legislation of Ukraine. The Seller is not liable for defects in the Product that arose after its transfer to the Buyer as a result of the Buyer’s violation of the rules of use or storage, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse a product of adequate quality that has individually defined characteristics, if such product can only be used by the Buyer who purchased it (including non-standard sizes, characteristics, appearance, configuration, etc., made at the Buyer’s request). Confirmation that the product has individually defined characteristics is the difference in its dimensions and other characteristics from those indicated in the online store.
6.8. Product returns, in cases provided by law and this Agreement, are carried out at the address indicated on the website in the “Contacts” section.
7. LIABILITY
7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Product purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and obligations in the event the Buyer provides inaccurate or incorrect information.
7.3. The Seller and Buyer shall be liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or Buyer shall be released from liability for complete or partial non-fulfillment of their obligations if such non-fulfillment is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or Buyer after the conclusion of this Agreement. The party unable to fulfill its obligations shall immediately notify the other party thereof.
8. CONFIDENTIALITY AND PERSONAL DATA PROTECTION
8.1. By providing their personal data on the Online Store website when registering or placing an Order, the Buyer grants the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as other actions provided for by the Law of Ukraine “On Personal Data Protection,” without any time limitation on such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. It shall not be considered a violation for the Seller to provide information to contractors and third parties acting under an agreement with the Seller, including for the purpose of fulfilling 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 shall not be liable for inadequate fulfillment or non-fulfillment of obligations due to the Buyer’s information being outdated or inconsistent with reality.
9. OTHER TERMS
9.1. This Agreement is concluded in Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a disputed matter cannot be resolved through negotiations, the Buyer and/or the Seller have the right to apply to judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make amendments to this Agreement unilaterally, as provided by clause 5.2.1 of this Agreement. Furthermore, amendments may also be made by mutual agreement of the Parties in the manner provided by the current legislation of Ukraine.
10. PARTY DETAILS
Seller: Individual Entrepreneur Slobodianyk Daria Volodymyrivna
Registered address: 2V Polytekhnichna St., Vinnytsia, Ukraine
USREOU: 3635509262
IBAN: UA633052990000026005006111258
