Public Offer Agreement
PUBLIC AGREEMENT (OFFER)
for the ordering, sale and delivery of goods
This agreement is an official and public offer by the Seller to enter into a contract of sale for the Goods presented on the website https://krauff.com/. This agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to any one buyer over another. By entering into this Agreement, the buyer fully accepts the terms and procedures for placing an order, payment for goods, delivery of goods, return of goods, liability for bad-faith orders, and all other terms of the agreement. The agreement is considered concluded from the moment the "Confirm Order" button is clicked on the checkout page in the "Cart" section and the Buyer receives an order confirmation from the Seller in electronic form.
1. Definition of Terms
1.1. Public Offer (hereinafter - "Offer") - a public proposal by the Seller, addressed to an unspecified circle of persons, to enter into a contract for the sale of goods by remote means (hereinafter - "Agreement") with the Seller on the terms contained in this Offer.
1.2. Product 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 by remote means.
1.3. Online Store – the Seller's website at https://krauff.com/ created for the conclusion of retail and wholesale sale contracts based on the Buyer's familiarization with the description of the Product proposed by the Seller via the Internet.
1.4. Buyer – a legally capable natural person who has reached the age of 18, receives information from the Seller, and places an order for the purchase of goods presented on the online store's website for purposes not related to entrepreneurial activities, or a legal entity or an individual entrepreneur.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Product to the Buyer, and the Buyer undertakes to pay for and accept the Product under 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 Agreement's terms is the date the Buyer completes the order form located 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 may be executed in writing.
3. Placing an Order
3.1. The Buyer independently places an order in the Online Store via the "Cart" form, or by placing an order via email or by the 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 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. the Buyer's surname and first name;
3.3.2. the address to which the Product 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 individual entrepreneur.
3.4. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer's cart on the Online Store website.
3.5. If either party to the agreement requires additional information, they have the right to request it from the other party. In case the Buyer fails to provide the necessary information, the Seller is not liable for providing high-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. The Buyer's acceptance of the terms of this Offer 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 an 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 an Order.
3.9. By entering into the Agreement, i.e., accepting the terms of this offer (the proposed terms for purchasing the Product) 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) they give permission for the collection, processing, and transfer of personal data; the permission to process personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its termination. Furthermore, by entering into the agreement, the Buyer confirms that they are 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 for the purpose of fulfilling the terms of this Agreement, for the possibility of mutual settlements, and for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access and transfer their personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by them.
4. Price and Delivery of Goods
4.1 Prices for Products and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Products and services are indicated on the website in hryvnias, including VAT.
4.2 Prices for Products and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a specific unit of Product, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Product indicated on the Online Store website does not include the cost of delivering the Product to the Buyer. The Buyer pays the delivery cost of the Product in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by them.
4.4. The cost of the Product indicated on the Online Store website does not include the cost of delivering the Product to the Buyer's address.
4.5. The Seller may indicate an estimated cost for delivering the Product to the Buyer's address when the Buyer submits a relevant request to the Seller by sending an email or when placing an order through the online store's operator.
4.6. The Buyer's obligations to pay for the Product 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 Product are carried out by the methods indicated 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), check the conformity of the Product with quality and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or their representative, when accepting the Product, confirms by their signature on the sales receipt/or order/or transport bill of lading 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 Product pass to the Buyer or their Representative from the moment the Buyer receives the Product in the city of delivery if delivered by the Seller, or at the time the Seller transfers the product to a 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 product 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 grant access to this information to third parties, except in cases provided for by legislation 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 Products and services, unilaterally by posting them on the Online Store website. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 Familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website before entering into the Agreement.
5.3.2 To ensure the Seller fulfills their obligations to the Buyer, the latter must provide all necessary data that uniquely identifies them as the Buyer and is sufficient for delivering the ordered Product 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 do 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, 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 purchase of the Product, have been preserved. A 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 return of the cost of goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment such Product is received by the Seller, provided the requirements provided for in Clause 6.1 of the Agreement and current legislation of Ukraine are met.
6.3. The cost of the goods is subject to return via 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 discovering defects in the Product within the established warranty period, the Buyer, personally, in the order and within the terms established by the legislation of Ukraine, has the right to present claims to the Seller provided for by the Law of Ukraine "On Protection of Consumer Rights". When presenting claims for the free elimination of defects, the period for their elimination is calculated from the date the Seller receives the Product at their disposal and has physical access to such Product.
6.6. 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 required by the current legislation of Ukraine. The Seller is not liable for defects in the Product that arose after its transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Product, 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 said goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, components, etc.). Confirmation that the goods have individually defined properties is the difference in dimensions of the goods and other characteristics specified in the online store.
6.8. The return of goods, in cases provided for by law and this Agreement, is carried out to the address specified 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 assembly, use, or storage of the Product purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfillment of Orders and their obligations in the event 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 Agreement.
7.4. The Seller or the Buyer are released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment 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 fulfill its obligations shall immediately notify the other Party.
8. Confidentiality and Protection of Personal Data.
8.1. By providing their personal data on the Online Store website during registration or when placing an Order, 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 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 established by the requirements of the current legislation of Ukraine, shall not be considered a violation.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for poor-quality fulfillment or non-fulfillment of their obligations in connection with the lack of up-to-date information about the Buyer or its non-conformity with reality.
9. Other Terms
9.1. This agreement 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. In case of failure to settle the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for resolution of the dispute to judicial authorities 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 agreement of the Parties in the manner provided for by the current legislation of Ukraine.
