PUBLIC AGREEMENT (OFFER)
for ordering, purchase, sale and delivery of goods
This Agreement is an official and public offer of the Seller to conclude a purchase and sale agreement for Goods presented on the vikamaster.com website. This Agreement is public; therefore, 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, or individual entrepreneur), without giving preference to one buyer over another.
By entering into this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for the Goods, delivery of the Goods, return of the Goods, liability for bad-faith orders, and all other terms of the Agreement. The Agreement is deemed concluded from the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives electronic confirmation of the order from the Seller.
1. Definitions
1.1. Public Offer, hereinafter referred to as the “Offer”, means the Seller’s public proposal addressed to an indefinite number of persons to conclude with the Seller a distance purchase and sale agreement for Goods, hereinafter referred to as the “Agreement”, under the terms contained in this Offer.
1.2. Goods or Services means the subject matter of the transaction between the Parties, selected by the Buyer on the Online Store website and placed in the shopping cart, or already purchased by the Buyer from the Seller by distance means.
1.3. Online Store means the Seller’s website at https://vikamaster.com, created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer’s review of the description of the Goods offered by the Seller via the Internet.
1.4. Buyer means a legally capable individual who has reached the age of 18, receives information from the Seller and places an order to purchase Goods presented on the Online Store website for purposes unrelated to business activities, or a legal entity or individual entrepreneur.
1.5. Seller means individual entrepreneur Bush Viktoriia Serhiivna, identification code 2735220922, acting in accordance with the current legislation of Ukraine, with the following registered address: Ukraine, 04208, Kyiv, 7A-86 Vasyl Poryk Street.
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 under the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement, meaning acceptance of the Offer and the Buyer’s full and unconditional acceptance of the terms of the Agreement, shall be the date on which the Buyer completes the order form located on the Online Store website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary and 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 by email or by telephone using the contact details specified in the Online Store’s contact section.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises reasonable doubts as to its accuracy.
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 fulfil the order:
3.3.1. the Buyer’s last name and first name;
3.3.2. the address to which the Goods are to be delivered, if delivery is made to the Buyer’s address, or the branch number of the selected carrier;
3.3.3. contact telephone number;
3.3.4. email address for sending documents.
3.4. The name, quantity, SKU, and price of the Goods selected by the Buyer are specified in the Buyer’s shopping cart on the Online Store website.
3.5. If either Party requires additional information, that Party has the right to request such information from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for any inability to properly provide the service related to the Buyer’s purchase from the Online Store.
3.6. When placing an order through the Seller’s operator in accordance with 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 accepts the terms of this Offer by entering the relevant data into the registration form on the Online Store 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.
3.8. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.9. By concluding the Agreement, that is, by accepting the terms of this Offer by placing an Order, the Buyer confirms that:
a) the Buyer has fully read and agrees with the terms of this Offer;
b) the Buyer consents to the collection, processing and transfer of personal data. Consent to the processing of personal data shall remain valid throughout the term of the Agreement and for an unlimited period after its termination. By concluding the Agreement, the Buyer also confirms that the Buyer has been informed, without additional notice, of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and the fact that the Buyer’s personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting settlements, and issuing invoices, acts and other documents.
The Buyer also agrees that the Seller has the right to provide access to and transfer the Buyer’s personal data to third parties without additional notice to the Buyer for the purpose of fulfilling 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 understood by the Buyer.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined independently by the Seller and are stated on the Online Store website. All prices for Goods and services on the website are stated in Ukrainian hryvnias excluding VAT.
4.2. Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of an individual item of Goods that has already been paid for in full by the Buyer may not be changed unilaterally by the Seller.
4.3. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer. The Buyer pays the delivery cost in accordance with the current tariffs of delivery services or carriers directly to the delivery service or carrier selected by the Buyer.
4.4. The price of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The Seller may provide an estimated delivery cost to the Buyer’s address upon the Buyer’s request submitted by 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 using 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 or carrier, verify that the Goods correspond to the required qualitative and quantitative characteristics, including product name, quantity, completeness and shelf life where applicable.
4.9. The Buyer or the Buyer’s representative, upon acceptance of the Goods, confirms by signing the sales receipt, order, or shipping document that there are no claims regarding the quantity, appearance or completeness of the Goods.
4.10. Ownership of the Goods and the risk of accidental loss or damage pass to the Buyer or the Buyer’s representative from the moment the Buyer receives the Goods at the place of delivery in the case of direct delivery by the Seller, or when the Seller transfers the Goods to the delivery service or carrier selected 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 such information to third parties, 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. Unilaterally change the terms of this Agreement and the prices of Goods and services by publishing the relevant changes on the Online Store website. All changes take effect from the moment of publication.
5.3. The Buyer undertakes to:
5.3.1. Before entering into the Agreement, review the content and terms of the Agreement and the prices offered by the Seller on the Online Store website.
5.3.2. In order for the Seller to fulfil its obligations to the Buyer, provide all necessary data that clearly identifies the Buyer and is sufficient for delivery of the ordered Goods.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller a non-food product of proper quality if the product does not satisfy the Buyer in terms of shape, dimensions, style, colour, size, or for other reasons cannot be used for its intended purpose. The Buyer has the right to return Goods of proper quality within 14 calendar days, excluding the day of purchase.
Return of Goods of proper quality is permitted provided that the Goods have not been used and their marketable appearance, consumer properties, packaging, seals, labels and the payment document issued to the Buyer for payment of the Goods have been preserved. The list of Goods that are not subject to return on the grounds specified in this Clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The cost of Goods of proper quality shall be refunded to the Buyer within 30 calendar days from the date the Seller receives such Goods, provided that the requirements of Clause 6.1 of this Agreement and the current legislation of Ukraine are complied with.
6.3. The value of the Goods shall be refunded by bank transfer to the Buyer’s account.
6.4. The return of Goods of proper quality to the Seller’s address shall be made at the Buyer’s expense and shall not be reimbursed by the Seller.
6.5. If defects in the Goods are discovered during the applicable warranty period, the Buyer has the right, personally and in accordance with the procedure and time limits established by the laws of Ukraine, to submit claims to the Seller as provided by the Law of Ukraine “On Consumer Rights Protection”. If the Buyer requests free elimination of defects, the period for eliminating such defects is calculated from the date the Seller receives the Goods and obtains physical access to them.
6.6. Claims provided for by the Law of Ukraine “On Consumer Rights Protection” shall be considered by the Seller provided that the Buyer submits the documents required by the current legislation of Ukraine. The Seller shall not be liable for defects that arise after the Goods have been transferred to the Buyer as a result of the Buyer’s violation of the rules of use or storage, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to reject Goods of proper quality that have individually defined characteristics if such Goods can be used exclusively by the Buyer who purchased them, including non-standard sizes, characteristics, appearance, configuration and other specifications made at the Buyer’s request. Confirmation that the Goods have individually defined characteristics includes differences in the dimensions or other characteristics of the Goods from those specified in the Online Store.
6.8. Return of Goods in cases provided for by law and this Agreement shall be made to the address specified on the website in the “Contacts” section.
7. Liability
7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper installation, use or storage of Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper or delayed fulfilment of Orders and its obligations if the Buyer provides inaccurate or incorrect information.
7.3. The Seller and the Buyer shall be 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 shall be released from liability for full or partial failure to fulfil their obligations if such failure results from force majeure circumstances, including war or military actions, earthquake, flood, fire or other natural disasters arising independently of the will of the Seller and/or the Buyer after conclusion of this Agreement. The Party unable to fulfil its obligations shall immediately notify the other Party.
8. Confidentiality and Personal Data Protection
8.1. By providing personal data on the Online Store website when registering or placing an Order, the Buyer voluntarily consents to the Seller’s processing and use of such personal data, including its transfer, as well as other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limitation of the validity period of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. The Seller’s provision of information to contractors and third parties acting under an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, shall not be considered a violation, nor shall disclosure in cases required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping personal data up to date. The Seller shall not be liable for improper performance or failure to perform its obligations due to outdated or inaccurate information about the Buyer.
9. Other Terms
9.1. This Agreement is 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 shall be resolved through negotiations. If the disputed matter cannot be 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 accordance with Clause 5.2.1 of this Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedure established by the current legislation of Ukraine.
SELLER’S ADDRESS AND DETAILS
Individual Entrepreneur Bush V.S.
Identification code:
2735220922
Registered address:
7a, V.Poryka str., Kyiv, 04208, Ukraine