Public Offer Agreement for angar87.com.ua

This Public Offer Agreement constitutes an official offer by the Seller to an unlimited number of persons to enter into an agreement for the remote sale and supply of goods on the terms set out herein by placing an order in the online store at https://angar87.com.ua (the “Site”).

Definitions

Public Offer Agreement means a public contract whose terms are the same for all Buyers pursuant to Articles 633 and 641 of the Civil Code of Ukraine. The Buyer’s unconditional acceptance of these terms, by paying for the Goods in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, constitutes acceptance of this Agreement between the Seller and the Buyer.

Administration means TAF-87 Limited Liability Company, registered under the laws of Ukraine, EDRPOU code 40281382, located at: 15/17 Dobrovoltsiv (Molodoyi Hvardiyi) St., 4th floor, Office 406, Kharkiv, 61001, Ukraine, which holds the rights to the Site.

Acceptance means a person’s acceptance of the offer to enter into this Agreement by placing an order through an Online Store manager.

Online Store means the software system hosted on the Site that allows users to view the Goods, including their appearance, technical specifications, prices, and payment terms, place orders, and perform related actions.

Seller means a legal entity or individual entrepreneur that has posted information in the Online Store about the goods and/or services it offers. The Seller may be the Administration or another person authorized by the Administration to post information about Goods and/or Services. The Seller’s name is specified in the documents accompanying the transfer of the Goods or provision of the Services to the Buyer.

Offer means the Seller’s proposal, addressed to an unlimited number of persons, to enter into this Public Offer Agreement on the terms set out herein.

Order Placement means the Buyer’s request to purchase Goods or Services, submitted to the Seller for fulfilment through the Online Store or by authorizing an Online Store manager to place the order.

Order Confirmation means the Seller’s notification that the Buyer’s order has been received and accepted for fulfilment.

Buyer means any person who has accepted this Offer.

Parties means the Seller and the Buyer collectively.

Goods or Services means any goods or services about which information is published on angar87.com.ua.

1. General Provisions

1.1. This Public Offer Agreement constitutes a public contract pursuant to Articles 633 and 641 of the Civil Code of Ukraine. Its terms are the same for all Buyers.

1.2. The Buyer’s placement of an order, by clicking the “Place Order” link or placing an order through a Site manager, is deemed to constitute acceptance of this Agreement in accordance with Part 2 of Article 642 of the Civil Code of Ukraine.

1.3. The agreement concluded through the Buyer’s acceptance of this Offer is a contract of adhesion, which the Buyer accepts without exceptions or reservations.

1.4. The Administration may amend this Agreement and the materials and information published in the Online Store at any time without prior notice. Under no circumstances shall the Administration be liable for outdated information on the Site or for any loss or damage arising from the use of, inability to use, or results of using the Online Store.

2. Subject of the Agreement

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

2.2. The Seller and the Buyer confirm that this Agreement is neither a fictitious nor a sham transaction and has not been entered into under duress or as a result of deception.

3. Formation of the Agreement

3.1. The Buyer accepts the Offer by placing an order for Goods or Services in the Online Store. The Agreement is concluded when the Seller confirms the order.

3.2. Placing an order constitutes the Buyer’s unconditional acceptance of this Agreement, including consent to receive promotional materials through communication channels, including email and mobile communications. The Buyer may opt out of receiving promotional materials at any time.

4. Placing an Order

4.1. The Buyer places an order for Goods through the Online Store or with the assistance of an Online Store manager.

4.2. Orders may be placed through the Online Store after registration. The Buyer may register on the Site only once and may hold only one Personal Account.

4.3. When registering in the Online Store or placing an order through an Online Store manager, the Buyer must provide:

• the Buyer’s surname, first name, and patronymic;
• the Buyer’s contact telephone number;
• an email address or contact details for a messaging application, such as Viber or Telegram;
• the delivery address, if delivery is required.

4.4. A Buyer who registers in the Online Store receives a unique account identifier and uses a login and password to access the account. The Buyer must not share these credentials with third parties.

4.5. The Buyer places an order by confirming its details with an Online Store manager.

By placing an order and submitting it for fulfilment, the Buyer confirms that they have received sufficient information about the price, technical specifications, and functionality of the Goods, together with the delivery schedule and warranty terms.

4.6. An order is accepted by the Seller for fulfilment once the Seller confirms it. Confirmation consists of a notification sent to the Buyer through the available communication channels.

If any ordered Goods or Services are unavailable, including for reasons beyond the Seller’s control, the Seller may remove them from the Buyer’s order and notify the Buyer accordingly.

4.7. Information about Goods or Services published on the Seller’s official website is provided for informational purposes and may not describe all their properties and characteristics. If the Buyer has questions about the Goods, they should consult an Online Store manager before placing an order.

5. Prices and Payment Terms

5.1. The price of the Goods or Services is specified in the documents accompanying the transfer of the Goods or provision of the Services to the Buyer.

The Seller may unilaterally change the prices of Goods or Services. However, the price of Goods already ordered by the Buyer and confirmed by the Seller shall not change.

5.2. The Buyer shall pay for the Goods in cash when collecting them from the Seller’s warehouse or store, or by bank transfer to the Seller’s current account. Payments shall be made in Ukrainian hryvnias.

5.3. The Buyer shall pay for the ordered Goods within the period agreed by the Parties when the order is placed.

5.4. For bank transfers, the Buyer’s payment obligation is fulfilled when the funds are credited to the current account of the Seller or its branch.

5.5. If Goods are offered at a discount, information about the availability and amount of the discount is published on the Seller’s official website for informational purposes. The sale price is specified in accordance with Clause 5.1. Discounts are not cumulative and cannot be combined with other discounts.

6. Delivery of Goods and Provision of Services

6.1. The Seller’s obligation to transfer the Goods to the Buyer arises when the Order Confirmation is sent to the Buyer.

6.2. The delivery period shall be agreed by the Parties for each order and recorded in the Order Confirmation. The delivery date shall be stated in the relevant delivery notes.

6.3. The Goods may be collected from one of the Seller’s warehouses or stores listed in the “Contacts” section of the Online Store, or delivered to the address specified by the Buyer. Delivery to the Buyer’s specified address shall be at the Buyer’s expense.

The Goods may be supplied as follows:

6.3.1. Collection by the Buyer from the Seller’s warehouse or store.

6.3.2. Delivery by the Seller’s vehicle to the address specified by the Buyer.

6.3.3. Delivery by a carrier, including a postal, delivery, or courier service, to a collection point or the address specified by the Buyer.

Where the Goods are delivered by a carrier, the Buyer fully and unconditionally accepts the carrier’s transportation terms, including delivery charges.

6.4. Ownership of the Goods shall pass from the Seller to the Buyer:

• when the Goods are handed over to the Buyer upon collection from the Seller’s warehouse or store, or upon delivery under Clause 6.3.2. The handover is evidenced by the Parties signing the delivery note;
• when the Seller hands the Goods over to the carrier for delivery under Clause 6.3.3.

6.5. For delivery methods specified in Clauses 6.3.1 and 6.3.2, the Seller’s handover obligation is fulfilled on the date the Parties sign the delivery note. The risk of accidental destruction of the Goods passes to the Buyer on that date.

6.6. For delivery under Clause 6.3.3, the Seller’s handover obligation is fulfilled, and the risk of accidental loss of the Goods passes to the Buyer, when the Seller hands the Goods over to the carrier. The carrier is responsible for transporting the Goods to the delivery destination.

6.7. The Buyer shall inspect and accept the Goods in terms of quantity and quality at the place where the Seller or carrier hands them over. After the Buyer receives the Goods, no claims regarding their quantity, completeness, or type will be accepted.

7. Returns

7.1. The Buyer may return non-food Goods of satisfactory quality if they are unsuitable in terms of shape, dimensions, style, colour, or size, or cannot be used for their intended purpose for other reasons.

The Buyer may return such Goods within 14 (fourteen) days, excluding the day of purchase, provided that:

• the Goods have not been used;
• their saleable appearance, consumer properties, seals, and labels have been preserved;
• the Buyer presents the payment document issued with the Goods.

The list of Goods excluded from return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.

7.2. The Buyer’s claims, including requests to return Goods, shall be considered upon submission of the documents required by applicable Ukrainian law, including a written application.

8. Rights and Obligations of the Seller

8.1. The Seller may:

• amend this Agreement and the materials and information published in the Online Store, including information about Goods or Services, at any time;
• decline to enter into this Agreement if it cannot supply the relevant Goods;
• record telephone conversations with the Buyer;
• suspend the sale of Goods or Services if the Buyer breaches this Agreement, including by failing to pay for ordered Goods;
• require the Buyer to fulfil their obligations under this Agreement;
• transfer its rights and obligations under this Agreement to third parties without the Buyer’s consent.

8.2. The Seller shall:

• send the Buyer an Order Confirmation or notify the Buyer that the order cannot be fulfilled;
• transfer the Goods to the Buyer after payment has been received;
• check the quality and quantity of the Goods when handing them over to the Buyer;
• refrain from disclosing the Buyer’s private information or granting third parties access to it, except as permitted by Ukrainian law. Disclosure to contractors and other parties acting under an agreement with the Seller, including for order fulfilment, shall not constitute a breach of this obligation;
• take measures to prevent unauthorized access to information or its disclosure to persons not directly involved in order fulfilment, and promptly detect and stop such incidents;
• fulfil its obligations under this Agreement.

9. Rights and Obligations of the Buyer

9.1. The Buyer may:

• register in the Online Store;
• decline to purchase Goods or Services, register in the Online Store, or perform other actions under this Agreement if they disagree with any provision of the Offer;
• obtain advice from the Seller about the properties and characteristics of the Goods;
• require the Seller to fulfil its obligations under this Agreement;
• exercise other rights provided by applicable Ukrainian law.

9.2. The Buyer shall:

• review this Agreement and the prices of the Goods or Services before entering into the Agreement;
• provide the information necessary to identify the Buyer and register in the Online Store, either personally or through an Online Store manager, and keep that information up to date;
• pay for the ordered Goods and any required delivery within the agreed period;
• properly document acceptance of the Goods, including signing and returning the relevant receipt documents to the Seller, and present an identity document when receiving the Goods, including through an authorized representative;
• check the quality and quantity of the Goods upon receipt;
• refrain from disclosing the Seller’s private information or granting third parties access to it, except as permitted by Ukrainian law;
• keep their login and password confidential and bear responsibility for failure to comply with this obligation;
• fulfil their obligations under this Agreement.

10. Liability and Dispute Resolution

10.1. The Parties shall be liable for failure to perform, or improper performance of, their obligations under this Agreement in accordance with applicable Ukrainian law.

10.2. By placing an order, the Buyer accepts responsibility for the accuracy of the information provided to the Seller, including the information specified in Clause 4.3, and confirms that they have read and accepted this Agreement. The Seller is not responsible for the accuracy of information supplied by the Buyer during registration.

10.3. The Seller shall not be liable for inability to fulfil an order resulting from circumstances beyond its control, including communication failures and equipment malfunctions.

10.4. The Seller’s total liability for failure to perform, or improper performance of, this Agreement shall be limited to the amount paid by the Buyer under this Agreement.

10.5. The Goods are covered by the manufacturer’s warranty. The Seller shall not be liable for damage excluded from that warranty or resulting from the Buyer’s failure to follow the storage or operating requirements.

11. Force Majeure

11.1. The period for performing obligations under this Agreement may be suspended only in the event of force majeure, namely fire, natural disaster, armed conflict, or a significant change in Ukrainian legislation that makes performance difficult or impossible for the affected Party.

11.2. The affected Party must notify the other Party in writing within 5 (five) calendar days.

11.3. The affected Party shall be exempt from liability under this Agreement for the duration of the force majeure circumstances, provided that Clause 11.2 has been complied with.

11.4. The period for performing obligations shall resume when the force majeure circumstances cease. The affected Party must notify the other Party in writing of their cessation.

11.5. If the effects of force majeure continue for more than 30 (thirty) consecutive calendar days, the Parties may terminate this Agreement and settle all outstanding amounts. In that event, neither compensation for losses caused by termination nor penalties shall be payable.

12. Other Terms

12.1. This Agreement enters into force when the Buyer receives the Seller’s Order Confirmation and remains effective until the Parties have fully performed their obligations.

12.2. This Agreement is concluded in Ukraine and governed by applicable Ukrainian law.

12.3. The Buyer and/or the Buyer’s authorized representatives consent to the Seller’s processing of the personal data provided in the registration form or order, including:

• surname, first name, and patronymic;
• registered and/or actual residential address;
• taxpayer identification number;
• passport details;
• contact telephone or fax number;
• email address.

Such processing is carried out to meet the requirements of applicable Ukrainian legislation governing the Seller’s financial and business activities and within the scope permitted by personal data protection legislation.

The Buyer confirms that they have been informed of their rights as a data subject under Article 8 of the Law of Ukraine “On Personal Data Protection.” Personal data is stored at the Administration’s location.

12.4. The Online Store contains materials, trademarks, trade names, and other content protected by law. The Buyer and other third parties may not use this content, including by modifying, copying, publishing, or transferring it to third parties, without the relevant rights holder’s permission.

When quoting materials from the Site, including copyright-protected works, a reference to the Online Store’s website must be provided.

12.5. The Parties shall seek to resolve through negotiation any disputes arising from failure to perform, or improper performance of, this Agreement. If no agreement is reached, disputes shall be resolved in accordance with applicable Ukrainian law.

12.6. Matters not addressed in this Agreement shall be governed by applicable Ukrainian law.

Please read this Offer carefully. If you disagree with any provision, you may decline to purchase Goods from the Online Store and refrain from taking the actions specified in Clauses 4.3 and 3.1.