PUBLIC CONTRACT (OFFER)
For Ordering, Purchasing, and Delivery of Goods
This contract is an official and public offer of the Seller to enter into a sales contract for the Goods presented on the website www.nardy.top. This contract is public, meaning that under Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers, regardless of their status (individual, legal entity, individual entrepreneur) without giving 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, delivering the goods, returning the goods, responsibility for bad faith orders, and all other terms of the contract. The contract is considered concluded from the moment the Buyer clicks the "Confirm Order" button on the order page in the "Cart" section and/or upon receipt by the Buyer of confirmation of the order from the Seller in electronic form by providing contact details for the fulfillment of this Order.
1. Definitions
1.1. Public Offer (hereinafter referred to as the "Offer") - a public offer by the Seller, addressed to an indefinite number of persons, to enter into a sales contract for goods remotely (hereinafter referred to as the "Contract") under the terms set forth in this Offer.
1.2. Goods or Services - the object of the agreement between the parties, selected by the Buyer on the online store’s website and added to the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store - the Seller's website at www.nardy.top created for the conclusion of retail and wholesale sales contracts based on the Buyer's acquaintance with the description of the Goods offered by the Seller via the Internet.
1.4. Social Media Messengers - software applications designed for exchanging text messages, voice messages, media files, and other information over the Internet, including but not limited to services such as WhatsApp, Viber, Telegram, Facebook Messenger, Instagram Direct, and other social media messaging platforms. An order placed through messengers is considered official and must be fulfilled in accordance with the terms of the Contract.
1.5. Buyer - a legally capable individual who has reached the age of 18, 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 activities, or a legal entity or individual entrepreneur.
1.6. Seller - Individual Entrepreneur Pavliak Liubov Ivanivna (Identification Code 3174503309), a legal entity established and operating under the current legislation of Ukraine, located at: 82426, Lviv region, Stryi district, Dobriavlyany village, Shevchenka Street 9.
2. Subject of the Contract
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay for and accept the Goods under the terms of this Contract.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract shall be the date of completion by the Buyer of the order form located on the online store’s website, provided that the Buyer receives confirmation of the order from the Seller electronically. If necessary, at the request of the Buyer, the Contract 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, social media messengers, or by phone. The Buyer provides personal data necessary for the delivery of the order, following the contact information in clause 3.3 of this contract. The Buyer agrees to the processing of personal data under current legislation.
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 doubts about its validity.
3.3. When placing an order, the Buyer is required to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer’s last name, first name;
3.3.2. Delivery address for the Goods (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, SKU, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the online store’s website.
3.5. If either Party to the contract needs additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing a 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 is required 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 made by entering the appropriate data in the registration form on the online store’s website or when placing an Order through the operator. After placing an 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 an Order.
3.9. By concluding the Contract, i.e., accepting the terms of this Offer (the proposed terms for purchasing Goods) by placing an Order, the Buyer confirms the following:
a) The Buyer is fully familiar with and agrees to the terms of this Offer;
b) They consent to the collection, processing, and transfer of personal data. Consent to the processing of personal data is valid for the entire duration of the Contract, as well as for an unlimited period after its termination. Additionally, by concluding the contract, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data," the purposes of data collection, and that their personal data is transferred to the Seller to fulfill the terms of this Contract, to facilitate settlements, as well as to receive 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 further notification of the Buyer to fulfill the Buyer's order. The extent 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 by the Buyer.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the online store’s website. All prices for Goods and services are listed in Ukrainian hryvnia (UAH) and include VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a specific unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of Goods indicated on the online store’s website does not include the cost of delivery to the Buyer. The Buyer pays for the delivery of the Goods according to the current rates of the delivery services (carriers) directly to the delivery service (carrier) chosen by the Buyer.
4.4. The cost of Goods indicated on the online store’s website does not include the cost of delivery to the Buyer’s address.
4.5. The Seller may indicate the approximate cost of delivering the Goods to the Buyer's address upon the Buyer's request by sending an email or when placing an order through the online store operator.
4.6. The Buyer's payment obligations for the Goods are 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 by the methods specified on the online store’s website in the "Delivery and Payment" section.
4.8. Upon receipt of the Goods, the Buyer must check the Goods in the presence of the delivery service (carrier) representative to ensure they meet the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. The Buyer or their representative, upon receiving the Goods, confirms with their signature on the sales receipt/or order/or delivery note that they have no claims regarding the quantity, appearance, or completeness of the Goods.
4.10. Ownership and 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, whether by self-pickup from the Seller or upon transfer to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obligated to:
5.1.1. Deliver 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 or provide access to this information to third parties, except as required by law or for fulfilling the Buyer's order.
5.2. The Seller has the right to: 5.2.1. Unilaterally modify the terms of this Contract, including prices for Goods and services, by posting changes on the online store’s website. All changes take effect from the moment of their publication.
5.3. The Buyer is obligated to: 5.3.1. Review the content of the Contract, its terms, and the prices offered by the Seller on the online store’s website before entering into the Contract.
5.3.2. Provide all necessary information to enable the Seller to fulfill its obligations, including clear identification and details sufficient for the delivery of the ordered Goods.
5.4. Any customs duties, taxes, or other charges applicable in the territory where the Buyer receives the Goods are the sole responsibility of the Buyer. These charges are non-refundable by the Seller under any circumstances.
6. Return of Goods
6.1. The Buyer has the right to return non-food products of satisfactory quality if the Goods do not meet their expectations in terms of form, dimensions, style, color, size, or for other reasons that prevent their intended use. The Buyer may return such Goods within 14 (fourteen) days from the date of receipt, provided the Goods are unused and in their original condition, including packaging, seals, labels, and the sales receipt. The list of non-returnable Goods is determined by the Cabinet of Ministers of Ukraine.
6.2. The Buyer may refuse the Goods at the pickup point by notifying the carrier of the official refusal by submitting a written statement on-site and providing the Seller with a photocopy of this document. The Goods will then be returned to the sender. 6.2.1. If no such refusal is provided to the carrier, the Buyer agrees that the Seller’s obligations are deemed fulfilled, and the Buyer cannot demand a refund for the Goods thereafter. 6.2.2. Returns are governed by the terms of this Contract and the Seller’s agreement with the relevant carrier. The Buyer must comply with the carrier’s requirements and procedures as stated in the agreement between the Seller and the Carrier.
6.3. Refunds for satisfactory Goods will be processed within 30 (thirty) calendar days from the date the Seller receives the returned Goods, provided the conditions specified in clause 6.1 of the Contract, current Ukrainian legislation, and clause 6.2 of this Contract are met.
6.4. Refunds for Goods will be made via bank transfer to the Buyer’s account.
6.5. If defects are discovered in the Goods upon receipt, the Buyer has the right to claim the remedies provided by the Law of Ukraine "On Consumer Protection" within the timeframe and in the manner prescribed by Ukrainian legislation. For free repairs of defects, the timeframe for rectification starts from the date the Seller receives the Goods and has physical access to them.
6.6. Claims under the Law of Ukraine "On Consumer Protection" will be reviewed by the Seller upon provision of the required documents by the Buyer. The Seller is not responsible for defects arising after the Goods have been transferred to the Buyer due to misuse or storage issues, actions of third parties, or force majeure.
6.7. The Buyer cannot refuse Goods of satisfactory quality with individually defined properties if such Goods are intended solely for the Buyer who purchased them (including non-standard sizes, specifications, appearance, configuration, etc.). The confirmation of individually defined properties is the difference in size and other characteristics from those specified on the online store’s website.
6.8. Returns, where applicable under the law and this Contract, should be made to the address specified in the "Contacts" section of the website.
Instructions for returning goods
7. Liability
7.1. The Seller is not liable for any damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper or delayed fulfillment of Orders and obligations if the Buyer provides false or incorrect information.
7.3. The Seller is not responsible for improper or delayed fulfillment of Orders and obligations if payment for the purchase is made by third parties.
7.4. Both the Seller and the Buyer are liable for fulfilling their obligations according to current Ukrainian legislation and the terms of this Contract.
7.5. The Seller or the Buyer is released from liability for full or partial non-fulfillment of their obligations if such non-fulfillment results from force majeure events such as war, military actions, earthquakes, floods, fires, or other natural disasters beyond their control occurring after the conclusion of this Contract. The party unable to fulfill its obligations must immediately notify the other party.
8. Confidentiality and Data Protection
8.1. By providing personal data on the online store’s website during registration or order placement, the Buyer gives their voluntary consent to the Seller for the processing, use (including transfer), and other actions with their personal data as provided by the Law of Ukraine "On Personal Data Protection," with no time limit on such consent.
8.2. The Seller is obligated to keep the Buyer’s information confidential. Disclosure of information to the Seller’s contractors and third parties acting on the Seller’s behalf, including for fulfilling obligations to the Buyer, or as required by current Ukrainian legislation, does not constitute a breach of confidentiality.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for poor performance or non-performance of obligations due to outdated or inaccurate Buyer information.
9. Miscellaneous
9.1. This Contract is executed within the territory of Ukraine and is governed by current Ukrainian legislation.
9.2. Any disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a resolution cannot be reached through negotiation, the Buyer and/or Seller may seek resolution through the judicial authorities in accordance with current Ukrainian legislation.
9.3. The Seller has the right to unilaterally amend this Contract as provided in clause 5.2.1. Amendments may also be made by mutual agreement of the parties in accordance with current Ukrainian legislation.
Company name: SP Pavliak L. I
ID: 3174503309
Legal Company address: UA 82426, Lviv region, Stryj district, village Dobrivlyany, vultsya Shevchenko, 9