PUBLIC CONTRACT

This Contract is an official and public offer of the Seller to conclude a contract of sale and purchase of the Goods presented on the website https://chervonechorne.com/. This Contract is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are identical for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without granting preference to one buyer over another. By concluding this Contract, the Buyer fully accepts the terms, conditions, and procedures for placing an order, paying for goods, delivery of goods, returning goods, liability for unfair ordering, and all other conditions of the contract. The Contract shall be deemed concluded from the moment the Buyer clicks the "Confirm Order" button on the checkout page in the "Cart" Section and receives an electronic order confirmation from the Seller.

1. Definition of Terms

• 1.1. Public Offer (hereinafter — "Offer") — a public proposal made by the Seller, addressed to an indefinite circle of persons, to conclude a distance contract for the sale and purchase of goods (hereinafter — the "Contract") with the Seller under the conditions contained in this Offer.
• 1.2. Goods or Service — the object of the agreement between the parties, 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 via a distance selling method.
• 1.2. Online Store — the Seller's website at https://chervonechorne.com/, created for concluding retail and wholesale sale and purchase contracts based on the Buyer's familiarization with the description of the Goods offered by the Seller via the Internet. (Note: retained duplicate numbering 1.2 as in original)
• 1.3. Buyer — a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity, or an individual entrepreneur.
• 1.4. Seller — Individual Entrepreneur Stashkiv Yuriy Mykhailovych (identification code 2578714857), registered and acting in accordance with the current legislation of Ukraine, located at: Kyiv, 6 Bohomoltsia St., Apt. 25.

2. Subject Matter 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 Offer Contract (acceptance of the offer) and the moment of full and unconditional acceptance of the terms of the Contract by the Buyer shall be deemed the date the Buyer fills out 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 Contract may be executed 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 by the phone number indicated in the contact 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 suspicion as to 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. Last name, 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, item number (SKU), 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 Contract requires additional information, they have 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 a 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.
• 3.6. 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. (Note: retained duplicate numbering 3.6 as in original)
• 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 proposal (the offered terms of 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; the permission for the processing of personal data is valid for the entire term of the Contract, as well as for an indefinite period after its expiration. In addition, by concluding the contract, the Buyer confirms that they are notified (without additional notice) of the rights established by the Law of Ukraine "On Protection of Personal Data", of the purposes of data collection, and that their personal data is transferred to the Seller to enable the fulfillment of the terms of this Contract, the possibility of mutual settlements, as well as for receiving invoices, statements, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer their personal data to third parties without any additional notices 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 Protection of Personal Data" is known and understood by them.

4. Price and Delivery of Goods

• 4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for Goods and services are indicated on the website in Ukrainian Hryvnias (UAH) including VAT, and informatively 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. At the same time, the price of an individual unit of Goods, the cost 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 website of the Online Store does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the selected delivery service (carrier).  

• 4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer's address.
• 4.5. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer's address upon the Buyer's relevant request to the Seller by sending an email or when placing an order through the operator of the online store.
• 4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received in the Seller's account.
• 4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the Online Store website in the "Payment and Delivery" section.
• 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 Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
• 4.9. The Buyer or their representative, during the acceptance of the Goods, confirms with their signature on the sales receipt / or in the order / or in the transport waybill for the delivery of goods that they have no claims regarding the quantity, appearance, and completeness of the goods.
• 4.10. Ownership and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment the Buyer receives the Goods at the place of delivery of the Goods in case of self-pickup of the Goods from the Seller, or during the transfer of the goods by the Seller to the delivery service (carrier) chosen by the Buyer.

5. Rights and Obligations of the Parties

• 5.1. The Seller is obliged to:
  • 5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Contract 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 and during the execution of the Buyer's Order.
• 5.2. The Seller has the right to:
  • 5.2.1. Change the terms of this Contract, as well as the prices of Goods and services, unilaterally by posting them on the website of the Online Store. All changes take effect from the moment of their publication.
• 5.3. The Buyer undertakes to:
  • 5.3.1. Prior to the conclusion of the Contract, familiarize themselves with the content of the Contract, its terms, and the prices offered by the Seller on the website of the Online Store.
  • 5.3.2. For the execution of the Seller's obligations to the Buyer, the latter must communicate all the necessary data that unambiguously identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

6. Return of Goods

• 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 by them 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 appearance, 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 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, provided that the requirements provided for in clause 6.1 of the Contract and the current legislation of Ukraine are met.
• 6.3. The cost 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 to the Buyer by the Seller.
• 6.5. In case of defects discovered 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 make demands to the Seller provided for by the Law of Ukraine "On Protection of Consumer Rights". When making claims for the free elimination of defects, the period for their elimination is calculated from the date the Seller receives the Goods into their 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 submits the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects of the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for 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 have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, configuration, etc., at the request of the Buyer). Confirmation that the product has individually defined properties is the difference in product sizes and other characteristics specified 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. Liability

• 7.1. The Seller shall not be held liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
• 7.2. The Seller shall not be held liable for improper, untimely execution of Orders and their obligations in the event that the Buyer provides inaccurate or erroneous 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 Contract.
• 7.4. The Seller or the Buyer shall be released from liability for full or partial failure to perform their obligations if the failure 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 the Buyer after the conclusion of this contract. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.

8. Confidentiality and Protection of Personal Data

• 8.1. By providing their personal data on the Online Store website during registration or ordering, the Buyer gives 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 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 on the basis of a contract 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-fulfillment of their obligations due to the irrelevance of information about the Buyer or its non-compliance with reality.

9. Miscellaneous 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 shall be resolved through negotiations. In case of failure to reach a settlement of the dispute through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution to judicial authorities in accordance with the current legislation of Ukraine.
• 9.3. The Seller has the right to make amendments to this Contract unilaterally, as provided for in clause 5.2.1 of the Contract. In addition, amendments to the Contract may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

ADDRESS AND REQUISITES OF THE SELLER:

Individual Entrepreneur Stashkiv Yuriy Mykhailovych

Kyiv, 6 Bohomoltsia St., Apt. 25

Account No. UA773003350000000260052254003

at JSC "Raiffeisen Bank"

MFO 300335

Tax ID (IPN) 2578714857

Tel. (050) 157-57-48

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