PUBLIC CONTRACT (OFFER)
for ordering, purchasing, and delivery of goods
This contract is an official and public offer by the Seller to conclude a purchase and sale agreement for the Goods presented on the website https://apix.ua/ . This contract is public, meaning that in accordance with 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 Agreement, the buyer fully accepts the terms and procedures for ordering, paying for goods, delivering goods, returning 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 an order confirmation from the Seller in electronic form.
1. Definitions of Terms
1.1. Public offer (hereinafter referred to as the "Offer") - a public offer by the Seller addressed to an indefinite number of persons to conclude a purchase and sale agreement for goods by remote means (hereinafter referred to as the "Agreement") under the terms contained in this Offer.
1.2. Goods or Services - the subject of the agreement between the parties, which was selected by the buyer on the website of the online store and placed in the cart, or already purchased by the Buyer from the Seller by remote means.
1.2. Online store - the Seller's website at https://apix.ua created for concluding retail and wholesale purchase and sale agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller through the Internet.
1.3. Buyer - a capable individual who has reached the age of 18, 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 entrepreneurial activity, or a legal entity or individual entrepreneur.
1.4. Seller - Limited Liability Company "Apix Ukraine" (identification code 42375409), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: Kyiv region, Boryspil district, Yagotin city, Shevchenko street, building 7.
2. Subject of the Agreement
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 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 terms of the Agreement is considered the date of the Buyer's completion of the order form on the online store's website, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement can 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 by 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 the order to the Buyer if the information provided by the Buyer during the order placement is incomplete or raises suspicion about its validity.
3.3. When placing an order on the online store's website, the Buyer is required to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. The Buyer's last name and first name;
3.3.2. The address where the Goods should be delivered (if delivery to the Buyer's address is required);
3.3.3. Contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article, and 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 agreement requires additional information, they have the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods from the online store.
3.6. When placing an order through the Seller's operator (p. 3.1. of this Offer), the Buyer is required to provide the information specified in p. 3.3 – 3.4. of this Offer.
3.6. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer in the registration form on the online store's 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.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By concluding the Agreement, 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 and completely familiar with and agrees to the terms of this offer;
b) They consent to the collection, processing, and transfer of personal data, and consent to the processing of personal data is valid throughout the duration of the Agreement and for an unlimited period after its termination. 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 to enable the fulfillment of the terms of this Agreement, the ability to perform mutual settlements, and to receive invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notices to the Buyer in order to fulfill the Buyer's order. The scope of the Buyer's rights as a subject of personal data according to the Law of Ukraine "On Personal Data Protection" 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 online store's website. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
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 a particular unit of Goods, the cost of which has been 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 cost of delivering the Goods is paid by the Buyer according to 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's website does not include the cost of delivering the Goods to the Buyer's address.
4.5. The Seller may indicate the estimated cost of delivering the Goods to the Buyer's address when the Buyer contacts the Seller with the appropriate request by sending an 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 funds are credited to the Seller's account.
4.7. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the online store's website in the "Payment and Delivery" section.
4.8. Upon receipt of the goods, the Buyer must, in the presence of the delivery service (carrier) representative, check the compliance of the Goods with the quality and quantity characteristics (product name, quantity, completeness, shelf life).
4.9. The Buyer or their representative, upon receiving the Goods, confirms with their signature on the sales receipt/ or on the order/ or on the waybill for the delivery of goods that they have no claims to the quantity, appearance, and completeness of the Goods.
4.10. Ownership and risk of accidental loss or damage to the Goods passes to the Buyer or their Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods when the Buyer independently picks up the Goods from the Seller, or when the Seller hands over the Goods 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 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 in cases provided by law and during the fulfillment 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's website. All changes take effect from the moment they are published.
5.3 The Buyer is obliged to:
5.3.1 Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the online store's website.
5.3.2 For the Seller to fulfill their obligations to the Buyer, the Buyer must provide all necessary data that clearly 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 non-food Goods of proper quality to the Seller if the Goods did not satisfy them in terms of form, dimensions, style, 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, not including the day of purchase. The return of Goods of proper quality is carried out if they were not used and if their marketable condition, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods, have been preserved. The list of Goods not subject to return on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The return of the cost of Goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided that the requirements specified in p. 6.1. of the Agreement, and the current legislation of Ukraine, are met.
6.3. The cost of Goods is refundable 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 Buyer's expense and is not reimbursed by the Seller to the Buyer.
6.5. In case of defects in the Goods discovered within the 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 claims provided by the Law of Ukraine "On Consumer Rights Protection." When making claims for free defect correction, the period for correcting them is counted from the date the Seller receives the Goods at their disposal and gains physical access to such Goods.
6.6. The Seller considers the claims provided by the Law of Ukraine "On Consumer Rights Protection" if the Buyer provides 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 a violation of the rules for using or storing the Goods, actions of third parties, or force majeure.
6.7. The Buyer has no right to refuse Goods of proper quality that have individually defined characteristics if the specified Goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, configuration, etc., at the Buyer's request). Confirmation that the Goods have individually defined characteristics is the difference in the size of the Goods and other characteristics indicated in the online store.
6.8. The return of Goods, in cases provided by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section.
7. Liability
7.1. The Seller is not responsible 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 is not responsible for improper, untimely execution of Orders, and its obligations in case of providing inaccurate or erroneous information by the Buyer.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from liability for full 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 occurred independently of the will of the Seller and/or Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations must immediately inform the other Party.
8. Confidentiality and Personal Data Protection.
8.1. By providing their personal data on the online store's website during registration or placing an Order, the Buyer voluntarily consents to the processing, use (including transfer) of their personal data, as well as other actions provided by the Law of Ukraine "On Personal Data Protection," without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. The provision by the Seller of information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine, is not considered a violation.
8.3. The Buyer is responsible for maintaining the relevance of their personal data. The Seller is not responsible for poor execution or non-execution of their obligations due to outdated or inaccurate information about the Buyer.
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 dispute cannot be resolved through negotiations, the Buyer and/or Seller have the right to refer the dispute to the courts in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided by clause 5.2.1. of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner provided by the current legislation of Ukraine.