Public offer agreement

Public agreement (offer) for ordering, purchasing and delivering goods No. 01/2025

This agreement is made between Anatolii Ivanovych Nesen, a sole proprietor (individual entrepreneur) registered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations under No. 26750000000000941 of 31.05.2005, hereinafter the “Seller”, and a user of the services of the website https://mirater.ua/, hereinafter the “Customer”. This agreement is public, i.e. 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 procedure for placing an order, paying for the goods, delivery of the goods, return of the goods, liability for a bad-faith order and all other terms of the agreement. The Agreement is deemed concluded from the moment the “Confirm order” button is pressed on the checkout page and the Buyer receives an electronic order confirmation from the Seller.

1.Definitions

1.1. Public offer (hereinafter the “Offer”) – a public proposal of the Seller addressed to an indefinite range of persons to conclude with the Seller a contract of sale of goods at a distance (hereinafter the “Agreement”) on the terms contained in this Offer.

1.2. Goods or Service – the subject of the parties’ agreement that the buyer has selected on the Online Shop website and placed in the cart, or has already purchased from the Seller at a distance.

1.3. Online Shop – the Seller’s website at https://mirater.ua/, created for concluding retail and wholesale sale contracts on the basis of the Buyer’s review of the description of the Goods offered by the Seller via the Internet.

1.4. Buyer – a legally capable individual aged 18 or over who receives information from the Seller and places orders to buy goods presented on the Online Shop website for purposes not related to business activities, or a legal entity or an individual entrepreneur.

1.5. Seller – sole proprietor Anatolii Ivanovych Nesen (tax number 2270411275), an individual entrepreneur registered and operating in accordance with the current legislation of Ukraine. Not a VAT payer under the Tax Code of Ukraine.

2.Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Agreement is the date on which the Buyer fills in the order form on the Online Shop website, provided the Buyer receives an electronic order confirmation from the Seller. If necessary, at the Buyer’s request, the Agreement may be executed in writing.

3.Placing an order

3.1. The Buyer places an order in the Online Shop independently via the “Cart” form, or by ordering by e-mail or by the phone number given in the contacts section of the Online Shop.

3.2. The Seller has the right to refuse to hand over the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its accuracy.

3.3. When placing an order on the Online Shop website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfil the order:

3.3.1. the Buyer’s surname and first name;

3.3.2. the address to which the Goods are to be delivered (if delivered to the Buyer’s address);

3.3.3. a contact phone number.

3.3.4. The identification code for a legal entity or an individual entrepreneur.

3.4. The name, quantity, article number and price of the Goods selected by the Buyer are shown in the Buyer’s cart on the Online Shop website.

3.5. If either Party to the agreement needs additional information, it has 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 buying goods in the online shop.

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. The Buyer accepts the terms of this Offer by entering the relevant data in the registration form on the Online Shop website or when placing an Order through the operator. After an Order is placed 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 an Order.

3.8. By concluding the Agreement, i.e. by accepting the terms of this proposal (the proposed terms for 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 gives permission to collect, process and transfer personal data; the permission to process personal data is valid for the entire term of the Agreement and for an unlimited period after it expires. In addition, by concluding the agreement the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that their personal data is transferred to the Seller in order to perform the terms of this Agreement, to make mutual settlements and to receive invoices, certificates 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 notice to the Buyer in order to fulfil the Buyer’s order. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine “On Personal Data Protection” is known and clear to the Buyer.

4.Price and delivery of the Goods

4.1. Prices for Goods and services are set by the Seller independently and are shown on the Online Shop website. All prices for Goods and services on the website are in hryvnias.

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 that has been paid for by the Buyer in full cannot be changed by the Seller unilaterally.

4.3. Delivery of standard items of the Goods is made at the Seller’s expense, except in the cases specified in clause 4.4 of this Agreement.

4.4. During sales, promotions or special offers, delivery of the Goods is made at the Buyer’s expense, unless otherwise stated in the terms of a specific promotion.

4.5. The Seller may state the approximate cost of delivering the Goods to the Buyer’s address when the Buyer sends the Seller a corresponding request by e-mail or when placing an order through the Online Shop operator.

4.6. The Buyer’s obligations to pay for the Goods are deemed fulfilled from the moment the funds are received in the Seller’s account.

4.7. Payments between the Seller and the Buyer for the Goods are made by the methods listed on the Online Shop website in the “Payment and delivery” section.

4.8. On receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check that the Goods correspond to their qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).

4.9. On acceptance of the Goods, the Buyer or their representative confirms with their signature on the sales receipt / or the order / or the 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 of or damage to the Goods pass to the Buyer or their Representative from the moment the Buyer receives the Goods in the city of delivery when the Goods are delivered by the Seller, or when the Seller hands the Goods over to the delivery service (carrier) chosen by the Buyer.

5.Rights and obligations of the Parties

5.1. The Seller must:

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 give third parties access to this information, except in cases provided for by law and when fulfilling the Buyer’s Order.

5.2. The Seller has the right to:

5.2.1 Change the terms of this Agreement, as well as the prices for Goods and services, unilaterally by publishing them on the Online Shop website. All changes take effect from the moment of their publication.

5.3 The Buyer undertakes to:

5.3.1 Before concluding the Agreement, read the content of the Agreement, its terms and the prices offered by the Seller on the Online Shop website.

5.3.2 In order for the Seller to fulfil its obligations to the Buyer, the Buyer must provide all the necessary data that unambiguously identify them as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.

6.Return of the Goods

6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if they do not suit the Buyer in shape, dimensions, style, colour, 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 counting the day of purchase. Goods of proper quality are returned if they have not been used and their marketable condition, consumer properties, packaging, seals and labels are preserved, together with the settlement document issued to the Buyer for the payment for the Goods. The list of goods that cannot be returned is approved by the Cabinet of Ministers of Ukraine under Resolution No. 172 of 19.03.1994.

6.2. The cost of goods of proper quality is refunded to the Buyer within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided the requirements of clause 6.1 of the Agreement and the current legislation of Ukraine are met.

6.3. The cost of the goods is refunded by bank transfer to the Buyer’s account.

6.4. Returning Goods of proper quality to the Seller’s address is at the Buyer’s expense and is not reimbursed by the Seller to the Buyer.

6.5. If defects in the Goods are found 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 make to the Seller the claims provided for by the Law of Ukraine “On Consumer Rights Protection”. When a claim for free elimination of defects is made, the period for eliminating them is counted from the date on which the Seller receives the Goods at its disposal and gains physical access to such Goods.

6.6. Claims provided for by the Law of Ukraine “On Consumer Rights Protection” are considered by the Seller provided the Buyer submits the documents required by the current legislation of Ukraine. The Seller is not liable for defects in the Goods that arose after they were handed over 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 that have individually defined properties if these goods can be used only by the Buyer who purchased them (including non-standard dimensions, characteristics, appearance, configuration, etc. at the Buyer’s request). The confirmation that the goods have individually defined properties is a difference between the dimensions of the goods and other characteristics and those stated in the online shop.

6.8. Goods are returned, in the cases provided for by law and this Agreement, to the address given on the website in the “Contacts” section.

7.Liability

7.1. The Seller is not 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 is not liable for improper or late fulfilment of Orders and of its obligations if the Buyer provides inaccurate or erroneous information.

7.3. The Seller and the Buyer are liable for the fulfilment of 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-fulfilment of their obligations if the non-fulfilment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after this agreement was concluded. The Party that cannot fulfil its obligations shall immediately notify the other Party.

8.Confidentiality and personal data protection

8.1. By providing their personal data on the Online Shop website when registering or placing an Order, the Buyer gives the Seller voluntary consent to the processing and use (including transfer) of their personal data, as well as to other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the term of such consent.

8.1.1. The Buyer has the right to withdraw consent to the processing of personal data at any time by sending a written notice to the Seller. If consent is withdrawn, the processing of personal data stops, unless otherwise provided by the current legislation of Ukraine.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not a violation for the Seller to provide information to counterparties and third parties acting under an agreement with the Seller, including in order to fulfil obligations to the Buyer, or in cases where disclosure of such information is required by the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for poor or non-fulfilment of its obligations due to outdated or inaccurate information about the Buyer.

9.Other terms

9.1. This agreement has been concluded in the territory of Ukraine and is governed by the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If a disputed issue is not settled through negotiations, the Buyer and/or the 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 amend this Agreement unilaterally in the manner provided for in clause 5.2.1 of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the Parties in the manner provided for by the current legislation of Ukraine.