This Agreement is the Seller’s official and public offer to conclude a sale and purchase agreement for the Goods presented on the website https://dvtei.ua/ . This Agreement is public; pursuant to Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, or sole proprietor), without any preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedures for placing an order, paying for the goods, delivery, returns, liability for bad-faith orders, and all other terms. The Agreement is deemed concluded from the moment the “Confirm Order” button is clicked on the checkout page in the “Cart” section and the Buyer receives an electronic order confirmation from the Seller.
1. Definitions
1.1. Public Offer (the “Offer”) — the Seller’s public proposal addressed to an indefinite number of persons to conclude with the Seller a distance sale and purchase agreement (the “Agreement”) on the terms contained in this Offer.
1.2. Goods or Service — the subject of the parties’ transaction selected by the buyer on the Online Store website and placed in the cart, or already purchased from the Seller by distance method.
1.3. Online Store — the Seller’s website at https://dvtei.ua/ created for entering into retail and wholesale sale and purchase agreements based on the Buyer’s review of the Goods descriptions provided by the Seller via the Internet.
1.4. Buyer — a capable individual aged 18 or over who receives information from the Seller and places orders to purchase goods presented on the Online Store for purposes not related to business activity, or a legal entity or a sole proprietor.
1.5. Seller — Sole Proprietor _____________________ (identification code ______________), an individual acting under the laws of Ukraine, located at: Ukraine, 61066, Kharkiv Region, city of Kharkiv, st. ________________
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 this Agreement.
2.2. The date of concluding the Offer Agreement (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the Agreement terms shall be the date the Buyer completes the order form on the Online Store 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 independently places an order in the Online Store through the “Cart” form or by placing an order via email or by the phone number listed in the Online Store’s contacts section.
3.2. The Seller may refuse to deliver the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.
3.3. When placing an order on the Online Store website, the Buyer shall provide the following mandatory information required by the Seller to fulfill the order:
- 3.3.1. Buyer’s surname and first name;
- 3.3.2. delivery address (if delivery is to the Buyer’s address);
- 3.3.3. contact phone number;
- 3.3.4. identification code for a legal entity or sole proprietor.
3.4. The name, quantity, 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 requires additional information, it may request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for properly providing services 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 shall provide the information specified in clauses 3.3–3.4 of this Offer.
3.7. The Buyer accepts the terms of this Offer by entering the relevant data in 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 are 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 this proposal (the proposed terms of purchasing Goods) by placing an order, the Buyer confirms that:
(a) the Buyer has fully read and agrees to the terms of this proposal (offer);
(b) the Buyer consents to the collection, processing, and transfer of personal data; such consent is valid for the entire term of the Agreement and for an unlimited period after its termination. By concluding the Agreement, the Buyer also confirms being informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and that personal data are transferred to the Seller to perform this Agreement, conduct settlements, and receive invoices, acts, and other documents. The Buyer also agrees that the Seller may grant access to and transfer personal data to third parties without additional notices to fulfill the Buyer’s order. The scope of the Buyer’s rights as a data subject under the Law of Ukraine “On Personal Data Protection” is known and understood to the Buyer.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller and indicated on the Online Store website. All prices are in Ukrainian hryvnia and exclude VAT.
4.2. Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. The price of a specific unit of Goods that has been fully paid by the Buyer cannot be changed unilaterally by the Seller.
4.3. The Goods price indicated on the Online Store website does not include delivery to the Buyer. The Buyer pays the delivery cost according to the current tariffs of the delivery services (carriers) directly to the chosen delivery service (carrier).
4.4. The Goods price indicated on the Online Store website does not include delivery to the Buyer’s address.
4.5. The Seller may indicate an estimated delivery cost to the Buyer’s address upon the Buyer’s request by email or when placing an order through the Online Store operator.
4.6. The Buyer’s payment obligations are deemed fulfilled when the funds are credited to the Seller’s bank account.
4.7. Settlements between the Seller and the Buyer are carried out by the methods specified on the Online Store website in the “Payment and Delivery” section.
4.8. Upon receipt, the Buyer must, in the presence of the delivery service (carrier) representative, check the Goods for compliance with qualitative and quantitative characteristics (name, quantity, completeness, expiration date).
4.9. The Buyer or the Buyer’s representative confirms upon acceptance—by signing the sales receipt/order/waybill—that there are no claims regarding the quantity, appearance, and completeness of the Goods.
4.10. Title and risk of accidental loss or damage pass to the Buyer or the Buyer’s representative from the moment the Buyer receives the Goods in the delivery city when picked up directly from the Seller, or upon transfer by the Seller to the Buyer’s chosen delivery service (carrier).
5. Rights and Obligations of the Parties
5.1. The Seller shall:
- 5.1.1. Deliver the Goods to the Buyer in accordance with this Agreement and the Buyer’s order.
- 5.1.2. Not disclose any private information about the Buyer and not provide access to such information to third parties, except as provided 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 and the prices for Goods and services unilaterally by publishing them on the Online Store website. All changes take effect upon publication.
5.3. The Buyer shall:
- 5.3.1. Before concluding the Agreement, familiarize himself/herself with the Agreement content, its terms, and the prices offered by the Seller on the Online Store website.
- 5.3.2. Provide all data necessary to clearly identify the Buyer and sufficient to deliver the ordered Goods.
6. Returns
6.1. The Buyer may return non-food Goods of proper quality to the Seller if the Goods do not satisfy the Buyer in form, dimensions, style, color, size, or for other reasons cannot be used as intended. The Buyer may return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase, provided the Goods have not been used and the marketable condition, consumer properties, packaging, seals, labels, and the receipt issued to the Buyer are preserved. The list of Goods not subject to return on these grounds is approved by the Cabinet of Ministers of Ukraine.
6.2. Refunds for Goods of proper quality are made within 30 (thirty) calendar days from the date the Seller receives such Goods, subject to clause 6.1 and applicable Ukrainian law.
6.3. Refunds are made by bank transfer to the Buyer’s account.
6.4. Return shipping of Goods of proper quality to the Seller’s address is at the Buyer’s expense and is not reimbursed by the Seller.
6.5. If defects are discovered within the warranty period, the Buyer may, within the procedure and time limits established by Ukrainian law, submit claims to the Seller as provided by the Law of Ukraine “On Consumer Rights Protection.” For claims to remedy defects free of charge, the period for remedying defects is calculated from the date the Seller receives the Goods and gains physical access to them.
6.6. Claims under the Law of Ukraine “On Consumer Rights Protection” are considered by the Seller upon the Buyer providing documents required by applicable law. The Seller is not liable for defects arising after transfer to the Buyer due to misuse or improper storage, actions of third parties, or force majeure.
6.7. The Buyer may not refuse Goods of proper quality with individually determined characteristics if such Goods can be used exclusively by the Buyer who purchased them (including non-standard dimensions, characteristics, appearance, configuration, etc., at the Buyer’s request). Proof of individually determined characteristics includes differences in dimensions or other specifications stated in the Online Store.
6.8. Returns, where provided by law and this Agreement, shall be sent to the address listed on the website in the “Contacts” section.
7. Liability
7.1. The Seller is not liable for damage to the Buyer or third parties resulting from improper installation, use, or storage of Goods purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfillment of Orders and obligations where the Buyer provided inaccurate or incorrect information.
7.3. The Seller and the Buyer are liable for fulfilling their obligations under the laws of Ukraine and this Agreement.
7.4. The Seller or the Buyer shall be released from liability for full or partial failure to perform obligations if such failure results from force majeure, including war or hostilities, earthquake, flood, fire, and other natural disasters arising independently of the Seller’s and/or Buyer’s will after the Agreement is concluded. The Party unable to perform shall immediately notify the other Party.
8. Confidentiality and Personal Data Protection
8.1. By providing personal data on the Online Store when registering or placing an order, the Buyer gives the Seller voluntary consent to process and use (including transfer) personal data and to perform other actions provided by the Law of Ukraine “On Personal Data Protection,” without limitation as to the term of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. Disclosure by the Seller to counterparties and third parties acting under contract with the Seller, including for fulfilling obligations to the Buyer, and where disclosure is required by Ukrainian law, shall not be deemed a breach.
8.3. The Buyer is responsible for keeping personal data up to date. The Seller is not liable for poor or non-performance due to outdated or inaccurate Buyer information.
9. Other Conditions
9.1. This Agreement is concluded in Ukraine and is governed by the laws of Ukraine.
9.2. All disputes between the Buyer and the Seller shall be resolved through negotiations. If not resolved, the dispute shall be submitted to the courts in accordance with Ukrainian law.
9.3. The Seller may amend this Agreement unilaterally as provided in clause 5.2.1. Amendments may also be made by mutual consent of the Parties as provided by Ukrainian law.
SELLER’S ADDRESS AND DETAILS:
SOLE PROPRIETOR ________________________________
Ukraine, 61066, Kharkiv Region, city of Kharkiv,
Street ________________________
UA__________________________
Bank: JSC CB “PRIVATBANK”
MFO 305299
Tax ID _________________
Single tax payer, Group 2