PUBLIC AGREEMENT (OFFER) for ordering, purchase, sale and delivery of goods

This Agreement is an official and public offer by the Seller to enter into a contract for the sale of the Goods presented on the website https://propecs.ua/. This Agreement is public, i.e. 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, individual entrepreneur) without giving preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions and the procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for a bad faith order and all other terms of the Agreement. The Agreement shall be deemed concluded from the moment the Buyer clicks the «CONFIRM ORDER» button and receives an order confirmation from the Seller in electronic form.

1. DEFINITION OF TERMS.

1.1. Offer Agreement – a public offer of the Seller addressed to an indefinite number of persons to conclude a contract for the sale of goods with the Seller remotely on the terms and conditions contained in this Agreement (hereinafter referred to as the “Agreement”).

1.2. Goods – the object of the parties’ agreement, which was selected by the buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.

1.3. Online store – the Seller’s website at https://propecs.ua/ created for the conclusion of retail sales contracts on the basis of the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.

1.4. The Buyer is 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 website of the Online Store for purposes not related to the implementation of entrepreneurial activities, or a legal entity or individual entrepreneur.

1.5. Seller – Limited Liability Company “UKRAGROCHIMTRAID” EDRPOU code: 39668245, which was established and operates in accordance with the current legislation of Ukraine, legal address: 154D Akademika Zabolotnoho Str., Kyiv, 03143.

1.6. Order – selected individual items from the list of goods specified by the Buyer when placing an order and making payment.”

2. SUBJECT OF THE OFFER 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 on the terms of this Agreement.

2.2. The date of the conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of filling out the order form by the Buyer on the “Cart” page located on the website of the online store, provided that the Buyer receives an order confirmation from the Seller in electronic form. If necessary, at the request of the Buyer, the Agreement may be executed in writing.

3. ORDERING.

3.1. The buyer independently places an order in the online store, or by placing an order by e-mail or by calling the phone number indicated in the contacts 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 when placing the order is incomplete or raises suspicion about their validity.

3.3 When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:

3.3.1. Surname, name of the Buyer, e-mail;

3.3.2. The address to which the Goods should be delivered (if delivery to the Buyer’s address);

3.3.3. contact number of the mobile phone.

3.4. The name, quantity, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the website of the Online store.

3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing quality services 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 Agreement), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4. of this Agreement.

3.7. The Buyer’s acceptance of the terms of this Agreement is carried out by the Buyer entering the relevant data in the registration form on the website of the online store 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 the Order.

3.9. By concluding the Agreement, that is, accepting the terms of this offer (the proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:

a. The Buyer is fully and completely familiarized with and agrees to the terms of this offer (Agreement);

b. The Buyer authorizes the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as after its expiration no more than necessary in accordance with their legitimate purpose, unless otherwise provided by law. In addition, by entering into the Agreement, the Buyer confirms that he/she has been notified (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, of the purposes of data collection, and that his/her personal data is transferred to the Seller in order to fulfill the terms of this Agreement, to make mutual settlements, and to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notifications to the Buyer in order to fulfill the Buyer’s order. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him.

3.10. Personal data is deleted or destroyed in the manner prescribed by law.

3.11. Deletion or destruction of personal data

3.11.1. Personal data is deleted or destroyed in the manner prescribed by law.

3.11.2. Personal data is subject to deletion or destruction in the event of:

• expiration of the data storage period determined by the consent of the personal data subject to the processing of this data or by law;
• termination of legal relations between the personal data subject and the owner or manager, unless otherwise provided by law;
• issuance of a relevant order by the Commissioner or officials of the Commissioner’s Secretariat designated by him/her;
• entry into force of a court decision on deletion or destruction of personal data.

3.11.3. Personal data collected in violation of the requirements of this Law shall be subject to deletion or destruction in accordance with the procedure established by law.

3.11.4. Personal data collected in the course of performing tasks of operational and investigative or counterintelligence activities, combating terrorism shall be deleted or destroyed in accordance with the requirements of the law.

3.12. When placing an order by a legal entity or individual entrepreneur, the following documents must be provided

• certificate of registration,
• certificate of VAT payer (if any),
• certificate of a single tax payer (if any).

The order is shipped after the funds are credited

4. PRICE AND DELIVERY OF GOODS.

4.1 The prices for the Goods and services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for the Goods and Services are indicated on the website in UAH including VAT.

4.2 Prices for the Goods and Services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a separate unit of the Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The minimum order amount is UAH 300.00 (three hundred hryvnias).

4.4. Payment for the Goods is made by bank transfer and/or using the LiqPay service (the link to which is sent by the manager after the order is approved).

4.5. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.

4.6. The Seller, upon receipt of the Buyer’s payment, shall send an invoice to the Buyer with the order together with the Goods.

4.7. The method of delivery of the Goods and the settlements between the Seller and the Buyer for the Goods are carried out in the ways specified on the website of the online store on the page “Delivery and Payment”.

4.8. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).

4.9. Upon acceptance of the Goods, the Buyer or his/her representative shall confirm with his/her signature in the sales receipt/ or in the order/ or in the waybill for the delivery of goods that he/she has no claims to the quantity of the goods, appearance and completeness of the goods.

4.10. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer in the place of delivery of the Goods upon self-delivery of the Goods from the Seller, or upon transfer of the Goods by the Seller to the delivery service (carrier).

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 to disclose any private information and personal data about the Buyer and not to provide access to this information to third parties, except as provided by law and during the execution of the Buyer’s Order.

5.2. The Seller has the right to:

5.2.1. To change the terms of this Agreement, as well as the prices for the Goods and services, unilaterally by posting them on the website of the Online Store. All changes come into force from the moment they are published on the website of the online store.

5.3. The Buyer undertakes to:

5.3.1. Prior to the conclusion of 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. Provide all the necessary data that uniquely identify him as the Buyer and are sufficient to deliver the ordered Goods to the Buyer.

6. RETURN OF GOODS.

6.1. The goods available on the Site for Ordering, in accordance with the Resolution of the Cabinet of Ministers of Ukraine N172 of 19.03.1994 “On the Implementation of Certain Provisions of the Law of Ukraine “On Consumer Protection” as amended, are not subject to return.

6.2. Upon acceptance of the Order, the Buyer shall inspect for compliance with the range, completeness and quality and the presence of defects on the packaging. In case of non-compliance, the Buyer may refuse the Goods.

6.3. The procedure for exchange and return, in case the Buyer finds the Goods of inadequate quality, is regulated by Article 8 of the Law of Ukraine “On Protection of Consumer Rights”.

7. RESPONSIBILITY.

7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.

7.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false 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 shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.

8. FORCE MAJOR

8.1. The Parties have agreed that under force majeure (circumstances of insuperable force) they understand extraordinary and unavoidable circumstances under the given conditions that objectively make it impossible to fulfill the obligations provided for by the terms of this Agreement.

Such circumstances may be caused by:

• exceptional weather conditions and natural disasters (for example, but not limited to, hurricane, storm, severe storm, cyclone, tornado, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, fire, drought, lightning, subsidence and landslide, epidemic, etc;)

• unforeseeable actions/inactions of a party that is not a party to the Agreement and/or that occur regardless of the will and desire of the party to the Agreement (for example, but not exclusively, strike, lockout, action of a public/foreign enemy, threat of war, declared and undeclared war, armed conflict or serious threat of such conflict, military actions, enemy attack, military invasion, curfew, riot, disturbance, terrorist act, sabotage, piracy, blockade, revolution, rebellion, insurrection, mass disorder, public demonstration, general military mobilization, illegal actions of third parties, accident, fire, explosion, expropriation, requisition, seizure of enterprises, etc.);

• conditions regulated by the relevant decisions and acts of state and local authorities, as well as those related to the elimination of consequences caused by exceptional weather conditions and unforeseen situations (for example, but not limited to embargoes, closure of land or waterways, prohibition (restriction) of exports/imports, long interruptions in transport, etc.)

9. PROCEDURE FOR RESOLVING DISPUTES BETWEEN THE PARTIES

9.1. All contradictions and disagreements arising under this Agreement shall be resolved through negotiations between the parties.

9.2. In case of impossibility to resolve disputes through negotiations, they shall be subject to judicial review.

10. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA.

10.1. 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 to perform other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the validity of such consent.

10.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the requirements of the current legislation of Ukraine.

10.3. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

11. OTHER TERMS AND CONDITIONS.

11.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

11.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the Buyer and/or the Seller shall have the right to apply to the judicial authorities in accordance with the current legislation of Ukraine.

11.3. The Seller shall have the right to amend this Agreement unilaterally as provided for in clause 5.2.1. of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

The Seller’s address is 154D, Akademika Zabolotnoho Str., Kyiv, 03143,

Address for correspondence: P.O. Box 35, Kyiv, 03143,

tel. (044)361-70-77 , (067) 351-70-77,

e-mail: office@propecs.ua