Offer Agreement

PUBLIC CONTRACT (OFFER)

to order, purchase, sale and delivery of goods 


   This contract is an official and public offer of the Seller to enter into a contract of sale of the Goods presented on the site plngns.com This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and conditions of placing an order, paying for the goods, delivering the goods, returning the goods, responsibility for an unscrupulous order and all other terms of the contract. The contract is considered concluded from the moment the Buyer confirms his order on the order registration page on the Seller’s website and the Buyer receives an electronic confirmation of the order from the Seller.

1. Definition of terms
1.1. Public offer (hereinafter – “Offer”, “Agreement”) – a public offer of the Seller, addressed to an unspecified circle of persons, to conclude a contract for the purchase and sale of goods remotely with the Seller (hereinafter – “Agreement”) on the terms contained in this Offer.
1.2. The product or service is the object of the agreement between the parties, which was selected by the buyer on the website of the online store, or already purchased by the buyer from the seller remotely.
1.3. Online store (and/or the Seller’s site) is a site located at the electronic address on the Internet plngns.com. created for the conclusion of retail and wholesale sales contracts based on the Buyer’s familiarization with the description of the Goods proposed by the Seller using the Internet. 
1.4. The Buyer is a legally competent natural person who has reached the age of 18, receives information from the Seller, places an order for the purchase of the Goods presented on the Internet store website for purposes not related to the implementation of business activities, or a legal entity or an individual entrepreneur .
1.5. The seller is PE Hontarenko Dmytro, Recipient’s code: 3462800998, Recipient’s account: UA 693220010000026009330077710, Name of the bank:  “UNIVERSAL BANK JSC”.
2. Subject of the Agreement
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 Agreement.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of complete and unquestionable acceptance by the Buyer of the terms of the Contract shall be considered the date of filling out the order form by the Buyer located on the website of the online store, provided that the Buyer receives an electronic confirmation of the order from the Seller. If necessary, at the written and properly addressed request of the Buyer, the Agreement can be drawn up in writing.
 
3. Order processing
3.1. The buyer places an order in the online store on his own using the form presented on the Seller’s website, or by placing an order by e-mail or at 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 suspicions about their validity. The Seller has the right to refuse to transfer the order to the Buyer if such Goods are currently unavailable in the Seller’s warehouse. The seller accepts each individual order for fulfillment, in accordance with his own ability to fulfill such an order.
3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. last name, first name, patronymic of the Buyer;
3.3.2. the address to which the Goods should be delivered (if delivery to the Buyer’s address);
 PUBLIC CONTRACT (OFFER)
to order, purchase, sale and delivery of goods 
5. Rights and obligations of the Parties
5.1. The seller is obliged to:
5.1.1. Deliver the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution 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 the prices/range of Goods and services, unilaterally.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, familiarize himself with the content of the Agreement, the terms of the Agreement and the prices offered By the Seller on the website of the online store.
5.3.2 In order for the Seller to fulfill his obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as a Buyer, and sufficient to deliver the ordered Goods to the Buyer.
 
6. Return of Goods
6.1. The Buyer has the right to return to the Seller a non-food product of appropriate quality, if the product does not satisfy him in terms of shape, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. The buyer has the right to return the goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of appropriate quality is carried out if it has not been used and if its appearance, consumer properties, packaging, seals, labels, as well as the settlement 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 provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The return to the Buyer of the cost of goods of appropriate quality is carried out within 30 (thirty) calendar days from the moment of receipt of such Goods by the Seller, subject to compliance with the requirements stipulated in clause 6.1. Agreement, the current legislation of Ukraine.
6.3. The cost of the product is subject to refund by bank transfer to the Buyer’s account.
6.4. The return of the Goods of proper quality to the Seller’s address is carried out at the expense of the Buyer and the Seller does not reimburse the Buyer.
6.5. In the event that defects in the Product are detected during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to submit claims to the Seller provided for by the Law of Ukraine “On the Protection of Consumer Rights”. When presenting demands for free elimination of defects, the deadline for their elimination is calculated from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.
6.6. Consideration of the requirements stipulated by the Law of Ukraine “On the Protection of Consumer Rights” is carried out by the Seller on the condition that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for the defects of the Goods that arose after their transfer to the Buyer as a result of the Buyer’s violation of the rules for the use or storage of the Goods, actions of third parties or force majeure.
6.7. The buyer does not have the right to refuse a good quality product that has individually defined properties, if the specified product can be used exclusively by the buyer who purchased it (including, at the buyer’s request, non-standard sizes, characteristics, appearance, equipment and other). Confirmation that the product has individually defined properties is the difference in the characteristics of the Product specified in the online store.
6.8. The return of goods, in the cases provided for by law and this Agreement, is carried out at the address indicated on the Seller’s website.
7. Liability
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use and storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely fulfillment of Orders and its obligations in case the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the will of the Seller and/or The buyer after concluding this contract. The Party that cannot fulfill its obligations shall immediately notify the other Party.
 
8. Confidentiality and protection of personal data.
8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data, as well as taking other actions provided for by the Law of Ukraine “On the Protection of Personal Data “, without limiting the term of validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract 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.
8.3. The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or its inconsistency.
9. Other conditions
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. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally at its own discretion without notice. In addition, changes to the Agreement can also be made by mutual consent of the Parties in accordance with the procedure provided for by the current legislation of Ukraine.


SELLER’S DETAILS:
PE Hontarenko Dmytro, Recipient’s code: 3462800998, Recipient’s account: UA 693220010000026009330077710, Name of the bank:  “UNIVERSAL BANK JSC”.