PUBLIC CONTRACT (OFFER) for ordering, purchase, and delivery of goods
This contract is an official and public offer from the Seller to conclude a contract for the purchase and sale of goods presented on the website https://konura.shop/
This contract is public, meaning that, according 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 granting preference to any one buyer over another.
By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for dishonest orders, and all other conditions of the contract. The Agreement is considered concluded from the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives from the Seller an electronic confirmation of the order.
1. Definitions
1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal by the Seller, addressed to an indefinite number of persons, to conclude with the Seller a contract for the purchase and sale of goods remotely (hereinafter referred to as the “Contract”) under the terms contained in this Offer.
1.2. Goods or Services – the object of the agreement between the Parties, selected by the Buyer on the Seller’s online store website and placed in the shopping cart, or already purchased by
the Buyer from the Seller remotely.
1.3. Online Store – the Seller’s website at https://konura.shop/ , created to conclude retail
and wholesale purchase and sale contracts based on the Buyer’s review of the Seller’s offered description of Goods via the Internet.
1.4. Buyer – a capable individual who has reached 18 years of age, receives information from the Seller, places an order for the purchase of goods presented on the online store’s website for purposes not related to entrepreneurial activity, or a legal entity, or a sole proprietor.
1.5. Seller – Sole Proprietor Andrii Dolzhenko (identification code 3243606114), a natural person established and operating under the laws of Ukraine, located at: Ukraine, Kyiv Region, Vyshhorod District, Slavutych, Dobryninsky Quarter, Building 12, Apartment 503.
2. Subject of the Contract
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 the terms of this Contract.
2.2. The date of conclusion of the Offer Contract (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract shall be deemed the date on which the Buyer completes the order form located on the Online Store’s website, provided that the Buyer receives from the Seller an electronic confirmation of the order. If necessary, and at the Buyer’s request, the Contract may be executed in written form.
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 the phone number indicated in the “Contacts” section of the Online Store.
3.2. The Seller has the right to refuse to fulfill the order if the information provided by the Buyer during the ordering process is incomplete or raises doubts about its validity.
3.3. When placing an order on the Online Store’s website, the Buyer must 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. Address to which the Goods 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 sole proprietor.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s shopping cart on the Online Store’s website.
3.5. If either Party to the Contract requires additional information, they have the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be responsible for providing a quality service to the Buyer when purchasing goods in the Online Store.
3.6. When placing an order via the Seller’s operator (Clause 3.1 of this Offer), the Buyer must provide the information specified in Clauses 3.3–3.4 of this Offer.
3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store’s website or when placing an order through the Operator. After placing the Order 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 Contract, i.e., by accepting the terms of this offer (the proposed terms of purchase of the Goods) through placing the Order, the Buyer confirms the following: a) The Buyer is fully acquainted with and agrees to the terms of this offer (Offer); b) The Buyer
gives consent to the collection, processing, and transfer of personal data; this consent is
valid for the entire term of the Contract, as well as for an unlimited period after its
termination. By concluding the Contract, the Buyer confirms that they have been informed (without additional notification) about their rights established by the Law of Ukraine “On the Protection of Personal Data,” about the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Contract, for settlements, and for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notice to the Buyer in order to fulfill the Buyer’s order. The scope of
the Buyer’s rights as a subject of personal data under the Law of Ukraine “On the Protection of Personal Data” is known and understood to them.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and indicated on the Online Store’s website. All prices for Goods and services on the website are stated in Ukrainian hryvnias, inclusive of VAT.
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 fully paid for by the Buyer may not be changed unilaterally by the Seller.
4.3. The price of the Goods indicated on the Online Store’s website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of the delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The price of the Goods indicated on the Online Store’s website does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The Seller may indicate an approximate cost of delivery of the Goods to the Buyer’s address upon the Buyer’s request, either by email or when placing an order through the Online Store operator.
4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds in their account.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods
specified on the Online Store’s website in the “Payment and Delivery” section.
4.8. Upon receiving the Goods, the Buyer must, in the presence of the delivery service (carrier) representative, check the Goods for compliance with quality and quantity characteristics (product name, quantity, completeness, shelf life).
4.9. The Buyer or their representative, upon acceptance of the Goods, confirms by their signature in the sales receipt, order form, or delivery note 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 Goods pass to the Buyer or their Representative from the moment the Goods are received by the Buyer at the place of delivery in case of self-pickup from the Seller, or at the moment 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 undertakes to: 5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order. 5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided for by law 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 Contract, as well as the prices for Goods and services, unilaterally, by posting them on the Online Store’s website. All changes take effect from the moment they are published.
5.3. The Buyer undertakes to: 5.3.1. Before concluding the Contract, familiarize themselves with the content of the Contract, its terms, and the prices offered by the Seller on the Online Store’s website. 5.3.2. For the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that clearly identify them as the Buyer and are sufficient for the delivery of the ordered Goods.
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 as intended. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of goods of proper quality is allowed if they have not been used and if their marketable condition, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer for the payment of the Goods, are preserved. The list of goods that cannot be returned on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the value of goods of proper quality to the Buyer is made within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided that the requirements specified in Clause 6.1 of the Contract and the current legislation of Ukraine are met.
6.3. The value of the goods is refunded by 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. If defects are discovered within the established warranty period, the Buyer has the right, in the manner and within the time limits established by the legislation of Ukraine, to present
to the Seller the claims provided for by the Law of Ukraine “On Consumer Rights Protection.” When submitting claims for free defect elimination, the period for their elimination begins
from the date the Seller receives the Goods into their possession and gains physical access to such Goods.
6.6. The Seller considers claims provided for by the Law of Ukraine “On Consumer Rights Protection” if the Buyer provides the documents required by current Ukrainian legislation. The
Seller is not responsible for defects in the Goods that occurred after their transfer to the Buyer as a result of 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 specified properties, if such goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, characteristics, appearance, configuration, etc.). Proof that the goods have individually specified properties is the difference in the 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 Contract, is carried out to the address specified on the website in the “Contacts” section.
7. Liability
7.1. The Seller is not liable for any 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 untimely fulfillment of Orders and obligations in cases where the Buyer has provided inaccurate or incorrect information.
7.3. The Seller and the Buyer are liable for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.
7.4. The Seller or the Buyer shall be released from liability for full or partial failure to
fulfill their obligations if such failure is the result 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 Contract. The Party that cannot fulfill its obligations must immediately notify the other Party.
8. Confidentiality and Protection of Personal Data
8.1. By providing their personal data on the Online Store’s website during registration or when placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer), and performance of other actions with their personal data provided for by the Law of Ukraine “On the Protection of Personal Data,” without limitation of the validity period of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. The provision of information by the Seller to counterparties and third parties acting under a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine, is not considered a violation.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of obligations due to outdated or inaccurate information about the Buyer.
9. Other Provisions
9.1. This Contract 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 shall be resolved through negotiations. If it is impossible to resolve the dispute through negotiations, the Buyer and/or the Seller have the right to refer the matter to the courts in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Contract unilaterally as provided for in Clause 5.2.1 of the Contract. In addition, changes to the Contract may also be made by mutual agreement of the Parties in accordance with the current legislation of Ukraine.
SELLER’S ADDRESS AND DETAILS:
Sole Proprietor: Andrii Dolzhenko
Address: Ukraine, Kyiv Region, Vyshhorod District, Slavutych, Dobryninsky Quarter, Building 12, Apartment 503
Account: UA393052990000026002006310836
at JS CB "PRIVATBANK"
MFO: 305299
USREOU code: 14360570
Taxpayer ID: 3243606114
VAT Status: Not a VAT payer
Phone: +38 (095) 792-40-31