Public Offer Agreement
the Internet resource https://uapasika.com/
Zhytomyr region, Oliyivka village, 2024
Apiary UA Limited Liability Company, hereinafter referred to as the" Seller", invites any individual, hereinafter referred to as the" Buyer", to enter into this public agreement, hereinafter referred to as the" agreement", on the following terms and conditions.
- Subject of the agreement
- The subject matter of this Agreement is the retail sale of bee products - honey (hereinafter referred to as the Goods), the offer for sale of which is posted on the Seller's website at the following Internet address: https://uapasika.com/.
- The seller is the manufacturer of the product.
- Agreement acceptance
- This Agreement on the method of its conclusion is a public agreement in accordance with Articles 631, 641, 644 of the Civil Code of Ukraine and is considered concluded from the moment of its acceptance by the buyer in the manner provided for in this section.
- The acceptance of this Agreement shall be confirmed by the Buyer by filling out an order form for the purchase of goods and sending it to the Seller by e-mail, the details of which are posted on the website https://uapasika.com/.
- The necessary information for the order form is determined by the Seller, but must necessarily contain the Buyer's surname, name, contact phone number, e-mail address, list of ordered goods, delivery address of the Goods, preferred method of payment for the Goods and the Buyer's consent to the processing of personal data. The order form is posted on the website: https://uapasika.com/.
- The buyer is fully responsible for the accuracy and completeness of the information provided by them when placing the order.
- The seller does not bear any responsibility for non-fulfillment and/or delay in order fulfillment, if this occurred due to incorrect and/or incomplete information that was provided by the buyer when placing the order.
- The order issued by the buyer is an electronic primary document.
- After receiving the order from the buyer and processing it, the Seller sends the buyer an invoice for payment of the selected product. The invoice is sent to the email address specified by the buyer in the order.
- Failure by the buyer to pay the Seller's invoice within 48 (forty-eight) hours after sending it (except for the seller's days off) is considered the buyer's refusal to conclude the contract. In this case, the order is cancelled and cannot be executed by the seller.
- In accordance with Article 639 of the Civil Code of Ukraine, this agreement is considered to be concluded in writing, so it does not require further signing on paper.
- The terms of the agreement are established to be the same for all buyers under this Agreement and do not provide for granting an advantage to one buyer over another in relation to the conclusion of this Agreement.
- Acceptance of this Agreement is also the buyer's confirmation that he has received complete and reliable information about the goods that he orders under this Agreement.
3. Order completion procedure and terms
- The Seller undertakes, within 3 working days after receiving from the Buyer full payment of the cost of the goods (in case of delivery of goods on the terms of prepayment of its cost), and a duly executed order for the purchase of goods offered by the Seller on the website https://uapasika.com/, to ensure the transfer to the delivery service of the goods that were specified when placing the order by the Buyer for delivery by the delivery service, to the address specified by the Buyer when placing the order.
- The delivery time of the goods for each individual order is determined by the seller based on the data about the desired place of receipt of the goods provided by the buyer when placing the order.
- The buyer's order is considered completed from the moment the latter receives the goods at the address specified in the order and pays the full price of the goods, which is confirmed by the buyer's signature in the delivery service's bill of lading.
- Product price and payment procedure
- The price of the goods is determined on the basis of the price indicated on the website https://uapasika.com/ at the time of placing the order.
The price of the goods indicated on the website https://uapasika.com/ is valid only at the time of placing the order.
If the Buyer cancels the order or returns the goods, if the price of the goods has changed, a new order may be placed by the Seller on the basis of the current price of the goods indicated on the website https://uapasika.com/ at the time the Buyer places a new order.
- Вартість доставки товару визначається згідно з умовами вказаними на сайті https://uapasika.com/.
- Payment for goods under this agreement can be made by the buyer in the following ways::
- in non-cash form, by transferring funds to the Seller's bank account using the details specified in the invoice for payment, or using the payment systems specified on the website https://uapasika.com/;
- cash on delivery, at the time of receipt of the goods from the delivery service (if the possibility of paying for the goods by cash on delivery is agreed by the parties),
- or in any other way specified by the Seller on the website https://uapasika.com/ and selected by the Buyer in the process of placing an order for the goods.
- In case the Buyer pays for the goods using the payment systems indicated on the website https://uapasika.com/, fiscal receipts for payment for the goods are issued to the Buyer in accordance with the requirements of the legislation of Ukraine, by sending them to the e-mail or to the messenger number (Viber, WhatsUpp, Telegram) specified by the Buyer when placing the order.
- Rights and obligations of the parties
- The seller must:
- Immediately inform the buyer of any obstacles or restrictions that may prevent or potentially hinder the delivery of the ordered product.
- Provide information to the extent necessary to understand the cost, properties, and characteristics of the product.
- In case of refusal to fulfill the order, inform the buyer of the reasons for refusal to fulfill the order within a reasonable time and in any convenient way.
- The seller has the right to:
- Suspend the execution of the buyer's order by notifying the buyer in advance of the reasons and terms of suspension.
- Resume execution of the order by notifying the buyer in advance and receiving their consent to complete the order.
- Involve a third party to perform their duties under this agreement
- The buyer is obliged to:
- Provide all the necessary information to fulfill the order under this Agreement by filling out the appropriate forms on the seller's website.
- In case of cancellation of the contract during the order execution, pay the cost of expenses incurred by the seller in connection with the execution of the buyer's order.
- Inform the seller about potential risks that threaten the seller in connection with the execution of the buyer's order, which are known to the buyer at the time of placing the order.
- The buyer has the right to:
- Відмовитися від отримання товару згідно розміщеного замовлення в разі невідповідності наданого товару характеристикам вказаним на сайті https://uapasika.com/ та/або повернути неякісний товар Продавцю.
- Make reasoned comments about the quality of the product and the procedure for providing information about the product and the terms of delivery of the product.
- Cancel the order before sending the product to the buyer. In this case, the buyer is entitled to a refund of the money paid for the product. The refund is made by wire transfer of funds by the seller to the buyer's bank account, within 3 (three) business days from the date of receipt by the seller of the buyer's notification of the buyer's refusal from the order, all (full) bank details of the buyer required for payment, and all (full) information requested by the seller from the buyer required for payment. to make a refund.
- The seller must:
- Terms of product return.
- The buyer is notified that the Goods of good quality purchased under this Agreement are food group goods and cannot be returned to the seller in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine of 19.03.94 No. 172 “On the implementation of certain provisions of the Law of Ukraine "On Consumer Protection", which are included in the list of goods of good quality, subject to exchange (refund)”.
- Return of goods of improper quality.
A product of improper quality means a product with an inappropriate taste, smell, or expiration date. The received Product must match the description on the site. The difference in design or design elements from those stated in the description on the site is not a sign of poor quality of the product and/or inability to use it for its intended purpose.
- The appearance and completeness of the product, as well as the completeness of the entire order, must be checked by the recipient at the time of delivery of the product.
- After receiving the order, claims for external defects in the product, its quantity, completeness, expiration date and presentation are not accepted.
- The seller does not accept claims regarding the product if the buyer identifies defects in the product after the expiration date specified on the label of the corresponding product.
- An application for the return of defective goods may be sent to the Seller by e-mail, the details of which are posted on the website https://uapasika.com/, within 14 (fourteen) days from the date of receipt of the Goods by the Buyer.
- The seller is not liable for defects in the goods if they have arisen after its delivery to the buyer as a result of the buyer's violation of the terms of use or storage of the goods, actions of third parties or force majeure.
- If necessary, in case of identifying defects in the goods, an expert examination is carried out at the seller's expense. If the conclusions of the expert examination prove that the defects occurred after the transfer of the product to the consumer due to a violation of the established rules of use, storage or transportation or the actions of third parties, the consumer's claims are not subject to satisfaction, and the consumer is obliged to reimburse the seller for the costs of conducting the expert examination.
- The application for the return of low-quality goods by the buyer is accompanied by a photo / video confirmation of the poor quality of the goods that have defects, a photo of the delivery invoice of the delivery service for which the goods were received by the buyer, and a photo of the receipt for payment for the goods.
- An application for the return of low-quality goods is considered by the seller within 5 (five) business days from the date of its receipt. The seller notifies the buyer of the decision made on the result of consideration of the application, by e-mail.
- In case of receiving a notification of satisfaction of the request for return of low-quality goods, the buyer sends the low-quality goods to the seller's address.
- The seller returns to the buyer the money paid for the goods, or exchanges low-quality goods for goods of proper quality within 14 (fourteen) days from the date when the buyer returns the low-quality goods to the seller's warehouse. The refund is made by wire transfer of funds by the seller to the buyer's bank account, provided that the buyer receives from the buyer all the (full) bank details of the buyer necessary for making the payment, and all (full) information requested by the seller from the buyer necessary for making the refund.
7. liability of the parties
- For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties are responsible in accordance with the current legislation of Ukraine.
- The Parties undertake to resolve disputes and disagreements arising between them or arising out of the performance of this Agreement through negotiations. Any dispute arising out of or in connection with this Agreement, and not resolved through negotiations, is resolved in accordance with the current legislation of Ukraine.
- The Seller shall not be liable for any damage caused to the Buyer and/or third parties as a result of improper use of the Goods purchased on the website https://uapasika.com/.
8. circumstances of non-processing power.
- The parties are released from liability for non-performance or improper performance of obligations under this Agreement only if this is a direct consequence of force majeure circumstances that have arisen after the conclusion of this Agreement, their occurrence is caused by events beyond the control of the will of this party and this party has taken measures provided for in this agreement in order to avoid negative consequences such circumstances.
- Under force majeure circumstances(force majeure) the parties understand extraordinary and unavoidable circumstances that objectively affect the fulfillment by the parties of obligations stipulated in the terms of this Agreement, the effect of which could not have been foreseen and the effect of which makes it impossible to fulfill contractual obligations within a certain period of time, reasons beyond the reasonable control of the relevant party, in particular, but not exclusively – exceptional weather conditions and natural disasters (earthquake, flood, hurricane, other natural disasters); disasters of biological, man-made and anthropogenic origin (fire, epidemic, pandemic, epizootic, epiphytotic, etc.); unpredictable circumstances of public life (armed conflict, including, but not limited to, general military mobilization, military operations,etc.). declared and undeclared war, acts of terrorism, mass riots); conditions caused by the issuance of prohibiting or restricting regulations of state or local government bodies, actions or requirements of state or local government bodies; prohibition (restriction) of export/import, etc.
- Financial and economic crisis, default, growth of official and commercial exchange rates of foreign currency to the national currency, inflation, non-compliance/violation of its obligations by the counterparty of one of the parties, lack of goods necessary for fulfilling the obligation on the market, lack of necessary funds for the debtor, etc. are not force majeure circumstances.
- The facts of occurrence and termination of force majeure circumstances are certified by documents that, according to the requirements of the current legislation of Ukraine, are confirmation of such circumstances.
- A party that has been influenced by force majeure circumstances is obliged to notify the other party of the occurrence of force majeure circumstances within three days from the date of occurrence of force majeure circumstances within the method established by this agreement.
- In this case, the term of performance of contractual obligations is extended for the duration of these circumstances, and the terms of payment and performance of obligations under this Agreement are agreed upon additionally.
- Failure to report the occurrence or termination of force majeure circumstances and failure to provide documents certifying force majeure circumstances shall deprive the party of the right to refer to force majeure circumstances as grounds for exemption from liability for non-performance (improper performance) of its obligations under this Agreement.
9. Term of the agreement and procedure for making changes.
- This Agreement shall enter into force from the moment it is posted on the website https://uapasika.com/ and shall remain in force until the Seller withdraws the Agreement.
- The term of validity of the concluded agreement is calculated from the moment of its conclusion by the parties and is valid until the Parties fully fulfill their obligations stipulated in this Agreement.
- The Seller reserves the right to amend or withdraw this offer at any time at its sole discretion. In case of amendments to the Agreement, such amendments shall enter into force from the moment the amended text is posted on the website https://uapasika.com/, or from the moment additionally specified in the text of the Agreement.
- The Buyer must familiarize himself with the terms of this Agreement and independently monitor updates/changes to the terms.
- Early termination of the agreement may be carried out by agreement of the parties or on the grounds specified in this Agreement.
10. other terms of the agreement.
- Each party is personally responsible for the payment of taxes and other mandatory payments and is not responsible for the payment of taxes and other mandatory payments by the other party, the fulfillment of contractual obligations to third parties.
- Any notifications, requests, letters, or other correspondence provided by one of the parties to the other party in accordance with the terms of this agreement are considered duly provided if a copy of such document signed by the party is sent to the email address of the other party within the time period established by this agreement.
Documents are considered delivered on the date of sending the e-mail, if such sent e-mail and the documents attached to it are recorded in electronic form and are available for review in the interactive interface of the relevant postal agent or service (s) of e-mail and electronic messages as sent to the e-mail address of the relevant party;
- All appendices and annexes to this Agreement shall be its integral parts. This Agreement is made in 1 (one) copy and is publicly available on the website at https://uapasika.com/.
- If, in the course of fulfilling its obligations under this Agreement, one of the parties has received information that is a trade secret of the other party, then having received such information, the Party has no right to disclose it to third parties without the consent of the other party.
- All proposals for additions and amendments to this Agreement received from the buyer are considered by the seller within a reasonable time, but do not oblige the seller to accept them by making changes to this Agreement.
- By signing this agreement, the buyer gives his consent to the processing of personal data by the seller in accordance with the Law of Ukraine "On Personal Data Protection".
- Seller's banking details
Apiary UA Limited Liability Company
Address: 4 Sadovaya Street, Oliyivka village, Zhytomyr region, Zhytomyr region, 12402, Ukraine
Mail: info@pasika.org
IBAN: UA793510050000026001879183048