This Agreement constitutes an official and public offer by the Seller to conclude a contract for the sale and purchase of Goods presented on the website https://chervonechorne.com/. This Agreement is public, meaning that pursuant to Article 633 of the Civil Code of Ukraine, its terms and conditions are identical for all buyers regardless of their legal status (individual, legal entity, sole proprietor) without giving preference to one buyer over another.
By concluding this Agreement, the Buyer fully accepts the terms, conditions, and procedures for placing orders, payment, delivery, returns, liability for bad faith orders, and all other terms of the contract.
The Agreement is considered concluded from the moment the Buyer clicks the "Confirm Order" button on the checkout page in the "Shopping Cart" section and receives an electronic order confirmation from the Seller.
1.1. Public Offer (hereinafter — "Offer") — a public proposal made by the Seller, addressed to an indefinite circle of persons, to conclude a distance sale and purchase contract for Goods (hereinafter — "Agreement") under the terms and conditions contained in this Offer.
1.2. Goods or Services — the object of the transaction between the parties, selected by the Buyer on the website of the Online Store and placed in the shopping cart, or already purchased by the Buyer from the Seller via a distance method.
1.3. Online Store — the Seller's website located at https://chervonechorne.com/, created for the conclusion of retail and wholesale sales contracts based on the Buyer's familiarization with the description of the Goods provided by the Seller via the Internet.
1.4. Buyer — a legally competent individual who has reached the age of 18, receives information from the Seller, places an order to purchase Goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity, or a sole proprietor.
1.5. Seller — Sole Proprietor (FOP) Stashkiv Yuriy Mykhailovych (Identification Code: 2578714857), registered and acting in accordance with the current legislation of Ukraine, with its registered address at: Apt. 25, Bldg. 6, Bohomoltsia St., Kyiv, Ukraine.
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 and conditions 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 of the terms of the Agreement by the Buyer shall be the date the Buyer completes the order form located on the Online Store website, provided that the Buyer receives an electronic order confirmation from the Seller. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3.1. The Buyer independently places an order in the Online Store through the "Shopping Cart" form, or by placing an order via email or via the phone number specified in the contact section of the Online Store.
3.2. The Seller has the right to refuse to fulfill or deliver the order to the Buyer if the information provided by the Buyer during checkout is incomplete or raises suspicion regarding its validity.
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. Surname and first name of the Buyer;
3.3.2. Delivery address (if delivery is to be made to the Buyer's address);
3.3.3. Contact phone number;
3.3.4. Identification/Tax Code for legal entities or sole proprietors.
3.4. The name, quantity, item number (SKU), and price of the Goods selected by the Buyer are indicated in the Buyer's shopping cart on the Online Store website.
3.5. If either Party to the Agreement requires additional information, such Party has the right to request it from the other Party. In case of failure to provide the required information by the Buyer, the Seller shall not be held liable for providing quality 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. Acceptance of the terms of this Offer by the Buyer is carried out by entering the relevant data into the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, i.e., accepting the terms of this Offer by placing an Order, the Buyer confirms the following:
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 are stated on the website in Ukrainian Hryvnias (UAH) including VAT and for information purposes in Euros (EUR). Settlements are carried out exclusively in the national currency.
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 value of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery. The Buyer pays the delivery cost in accordance with the current tariffs of the delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery to the Buyer's address upon receiving an inquiry from the Buyer via email or when placing an order through the Online Store operator.
4.6. The Buyer's obligation to pay for the Goods is considered fulfilled from the moment the Seller receives the funds into their bank account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the following methods:
5.1. The Seller is obliged to: 5.1.1. Hand over 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 and not provide access to this information to third parties, except as provided by law or when required for the execution of the Buyer's Order.
5.2. The Seller has the right to: 5.2.1. Change the terms of this Agreement, as well as prices for Goods and services, unilaterally by posting them on the Online Store website. All changes come into force from the moment of their publication.
5.3. The Buyer undertakes to: 5.3.1. Familiarize themselves with the content of the Agreement, its terms, and prices offered by the Seller on the Online Store website prior to concluding the Agreement.
5.3.2. Provide all necessary data that uniquely identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to enable the Seller to fulfill its obligations.
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods do not satisfy them in terms of shape, dimensions, color, size, or for other reasons cannot be used 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 marketable condition, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for the payment of the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the cost of goods of proper quality to the Buyer is carried out within 14 (fourteen) calendar days from the date of receipt of such Goods by the Seller, provided that the requirements stipulated in clause 6.1 of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of the goods shall be refunded via bank transfer to the Buyer's account if the payment was made upon receipt of the goods, or by the same method used to make the initial payment.
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 to the Buyer by the Seller.
6.5. In case of detection of defects in the Goods during 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 to the Seller the claims provided for by the Law of Ukraine "On Protection of Consumers' Rights". When presenting claims for the free elimination of defects, the period for their elimination is calculated from the date the Seller receives physical access to such Goods.
6.6. Consideration of claims provided for by the Law of Ukraine "On Protection of Consumers' 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 that arose after their transfer to the Buyer due to 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 does not have the right to refuse goods of proper quality that possess individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them (including, at the request of the Buyer, non-standard sizes, characteristics, appearance, layout, etc.). Confirmation that the goods possess individually defined properties is the difference in the sizes of the goods or other characteristics indicated in the online store.
6.8. Returns of goods, in cases provided for by law and this Agreement, are carried out to the address specified on the website in the "Contacts" section.
7.1. The Seller shall not be held liable for damage caused to the Buyer or third parties as a result of improper assembly, mounting, use, or storage of the Goods purchased from the Seller.
7.2. The Seller shall not be held liable for improper or untimely execution of Orders and its obligations if the Buyer provided inaccurate or false information.
7.3. The Seller and the Buyer are 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 the Buyer shall be exempted from liability for full or partial failure to perform their obligations if the failure is a consequence 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 the Buyer after the conclusion of this agreement. The Party that cannot perform its obligations shall immediately notify the other Party.
8.1. By providing their personal data on the Online Store website during registration or checkout, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as execution of other actions stipulated by the Law of Ukraine "On Personal Data Protection", without limitation of 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 on the basis of 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 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-performance of its obligations due to the irrelevance or inaccuracy of the information provided by the Buyer.
9.1. This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for resolution in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally as provided for in clause 5.2.1 of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.
Sole Proprietor (FOP) Stashkiv Yuriy Mykhailovych Address: Apt. 25, Bldg. 6, Bohomoltsia St., Kyiv, 01024, Ukraine
Account No (IBAN): UA773003350000000260052254003 Bank: JSC "Raiffeisen Bank" Bank Code (MFO): 300335 Tax ID (RNOKPP): 2578714857 Phone: (050) 157-57-48
.svg)