Public Contract (Offer) for ordering, purchasing, and delivering goods
This contract is an official and public offer from the Seller to conclude a contract for the purchase and sale of goods presented on the website https://rattan.com.ua. This contract is public, meaning that, according to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this contract, the buyer fully accepts the terms and conditions for placing an order, payment for goods, delivery of goods, return of goods, liability for fraudulent orders, and all other terms of the contract. The contract is considered concluded from the moment the "Confirm Order" button is pressed on the order page in the "Cart" section and the Buyer receives electronic confirmation of the order from the Seller.
1. Definitions
1.1. Public offer (hereinafter referred to as the "Offer") - a public offer from the Seller, addressed to an indefinite number of persons, to conclude a contract with the Seller for the sale of goods remotely (hereinafter referred to as the "Contract") under the terms contained in this Offer.
1.2. Goods or Services – the subject of the parties' agreement, selected by the buyer on the online store's website and placed in the cart or already purchased by the Buyer from the Seller remotely.
1.2. Online Store – the Seller's website at www.rattan.com.ua created for the conclusion of retail and wholesale sale contracts based on the Buyer's familiarization with the description of the Goods provided by the Seller through the Internet.
1.3. Buyer – a legally capable individual who has reached 18 years of age, receives information from the Seller, places an order for the purchase of goods presented on the online store's website for purposes not related to business activities, or a legal entity or individual entrepreneur.
1.4. Seller – Individual Entrepreneur Stupnikov Ihor Valeriiovych, established and operating under the laws of Ukraine, located at 03127, Kyiv, Vyshytkivska St., building 3A.
2. Subject of the Contract
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Contract.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is the date the Buyer completes the order form on the online store's website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer's request, the Contract can be drawn up in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the online store through the "Cart" form, or by placing an order via email or the phone number specified in the contacts section of the online store.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises doubts about its validity.
3.3. When placing an order on the online store's website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. The Buyer's last name, first name;
3.3.2. The address to which the Goods should be delivered (if delivery to the Buyer's address);
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's cart on the online store's website.
3.5. If either Party to the contract requires additional information, they have the right to request it from the other Party. If the Buyer does not provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (p. 3.1. of this Offer), the Buyer undertakes to provide the information specified in p. 3.3 – 3.4. of this Offer.
3.6. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the online store's website or by placing an Order through the operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By concluding the Contract, i.e., accepting the terms of this offer (the proposed terms of purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully familiar with and agrees with the terms of this offer (Offer);
b) He consents to the collection, processing, and transfer of personal data, consent to the processing of personal data is valid throughout the duration of the Contract, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Buyer confirms that he is informed (without additional notification) about the rights established by the Law of Ukraine "On the Protection of Personal Data," about the purposes of data collection, as well as that his personal data is transferred to the Seller to enable the fulfillment of the terms of this Contract, the possibility of settlements, and for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood.
4. Price and Delivery of Goods
4.1 The prices for Goods and services are determined by the Seller independently and are indicated on the online store's website. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
4.2 The prices for Goods and services may change by the Seller unilaterally depending on market conditions. However, the price of a single unit of Goods, the cost of which is fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the online store's website does not include the cost of delivering the Goods to the Buyer. The Buyer pays the delivery cost of the Goods according to the current rates of delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The cost of the Goods indicated on the online store's website does not include the cost of delivering the Goods to the Buyer's address.
4.5. The Seller may indicate an estimated delivery cost of the Goods to the Buyer's address upon the Buyer's request to the Seller by sending an email or by placing an order through the online store's operator.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled when the funds are credited to the Seller's account.
4.7. Payments between the Seller and the Buyer for the Goods are made by the methods specified on the online store's website in the "Payment and Delivery" section.
4.8. Upon receiving the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9. The Buyer or his representative, upon acceptance of the Goods, confirms by their signature on the sales receipt/ or in the order/ or in the delivery note that there are no claims regarding the quantity, external appearance, and completeness of the goods.
4.10. The ownership and risk of accidental loss or damage to the Goods pass to the Buyer or his Representative from the moment the Goods are received by the Buyer at the place of delivery of the Goods during self-delivery of the Goods from the Seller, or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller undertakes:
5.1.1. To transfer the goods to the Buyer in accordance with the terms of this Contract and the Buyer's order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided by law and when fulfilling the Buyer's Order.
5.2. The Seller has the right:
5.2.1 To change the terms of this Contract, as well as the prices for Goods and services, unilaterally by posting them on the online store's website. All changes come into force from the moment of their publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Contract, to familiarize himself with the content of the Contract, the terms of the Contract, and the prices offered by the Seller on the online store's website.
5.3.2 To fulfill the Seller's obligations to the Buyer, the latter must provide all necessary data that clearly identify him as the Buyer and sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods do not satisfy him in form, dimensions, style, color, size, or for other reasons cannot be used by him for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if they have not been used and if their trade appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods, are preserved. The list of goods that cannot be returned on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The return of the value of goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the date the Seller receives such Goods, provided that the requirements specified in clause 6.1 of the Contract, the current legislation of Ukraine, are met.
6.3. The value of the goods is subject to return by bank transfer to the Buyer's account.
6.4. The return of Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and is not reimbursed by the Seller to the Buyer.
6.5. If defects are found in the Goods within the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present the Seller with the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights". When presenting claims for free elimination of defects, the period for their elimination is counted from the date the Seller receives the Goods in his possession and physical access to such Goods.
6.6. The 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 provides documents provided for by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse goods of proper quality with individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them, (including, at the Buyer's request, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the sizes of the goods and other characteristics indicated in the online store.
6.8. The return of goods, in cases provided for by law and this Contract, is carried out at the address indicated on the website in the "Contacts" section.
7. Responsibility
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, storage of Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely execution of Orders and its obligations in case of the Buyer providing inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.
7.4. The Seller or the Buyer are released from liability for full or partial failure to fulfill their obligations if such failure is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that occurred independently of the will of the Seller and/or Buyer after the conclusion of this contract. The Party that cannot fulfill its obligations immediately notifies the other Party.
8. Confidentiality and Protection of Personal Data.
8.1. By providing his personal data on the online store's website during registration or ordering, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the validity period of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to contractors and third parties acting under a contract with the Seller, including to fulfill 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 his personal data up to date. The Seller is not responsible for poor-quality performance or non-fulfillment of its obligations in connection with the outdated information about the Buyer or its inconsistency with reality.
9. Other conditions
9.1. This contract is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If the settlement of a disputed issue is not achieved through negotiations, the Buyer and/or the Seller have the right to apply to the courts for the resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Contract unilaterally, as provided in p. 5.2.1. of the Contract. In addition, changes to the Contract can also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.
ADDRESS AND DETAILS OF THE SELLER:
FOP Stupnikov Ihor Valeriiovych
Kyiv, Vyshytkivska St., 3A, apt. 37
INN 2906826277
UA213052990000026009046230399 at
PJSC CB "PRIVATBANK"
