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To the client
PUBLIC AGREEMENT (OFFER) for ordering, purchase, and delivery of goods
This agreement is an official and public offer of the Seller to conclude a contract for the sale of Goods presented on the website pelalex.com. This agreement 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, sole proprietor) without giving preference to 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 agreement. The agreement is considered concluded from the moment the “Confirm Order” button is clicked on the order page in the “Cart” section, and the Buyer receives an order confirmation from the Seller in electronic form.
1.1. Public Offer (hereinafter referred to as “Offer”) – a public proposal of the Seller, addressed to an indefinite number of persons, to conclude with the Seller a contract for the sale of goods by remote means (hereinafter referred to as the “Agreement”) under the conditions contained in this Offer.
1.2. Goods or Services – the object of the agreement of the parties, which was selected by the buyer on the website of the online store and placed in the cart, or already purchased by the Buyer from the Seller by remote means.
1.3. Online Store – the Seller’s website at pelalex.com, created for concluding retail and wholesale sale contracts based on the Buyer’s acquaintance with the description of the Goods offered by the Seller through the Internet.
1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places orders for the purchase of goods presented on the website of the online store for purposes not related to business activities, or a legal entity or sole proprietor.
1.5. Seller – Sole Proprietor _______________________________ (identification code ___________________), a legal entity established and operating in accordance with the current legislation of Ukraine, located at: _____________________________________________
2.1. The Seller undertakes to transfer the Goods into the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
2.2. The date of concluding 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 considered the date of filling out the order form by the Buyer on the website of the online store, provided the Buyer receives an electronic order confirmation from the Seller. If necessary, at the request of the Buyer, the Agreement can be formalized in written form.
3.1. The Buyer independently places an order in the online store through the “Cart” form or by placing an order via email or the phone number specified 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 during the order placement is incomplete or raises suspicions about its validity.
3.3. When placing an order on the website of the online store, the Buyer is obliged to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer’s surname and name;
3.3.2. Address to which the Goods should be delivered (if delivery 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 cart 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. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller’s operator (p. 3.1. of this Offer), the Buyer is obliged to provide the information specified in p. 3.3 – 3.4. of this Offer.
3.7. The acceptance of the terms of this Offer by the Buyer is carried out by entering the corresponding 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 data about the Buyer 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 Agreement, i.e., accepting the terms of this proposal (the proposed conditions for purchasing the Goods), by placing an order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees with the terms of this proposal (offer);
b) The Buyer gives consent for the collection, processing, and transfer of personal data, the permission for processing personal data is valid for the entire duration of the Agreement, as well as for an unlimited period after its termination. Moreover, by concluding the agreement, the Buyer confirms that he/she is informed (without additional notice) about the rights established by the Law of Ukraine “On Protection of Personal Data,” the purpose of data collection, as well as that his/her personal data is transferred to the Seller for the possibility of fulfilling the conditions of this Agreement, the possibility of making settlements, as well as receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his/her personal data to third parties without any additional notifications to the Buyer 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 Protection of Personal Data” is known and understood to the Buyer.
4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the online store. All prices for Goods and services are indicated on the website in hryvnias, including VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. In this case, the price of a specific unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivering the Goods to the Buyer. The cost of delivering the Goods is paid by the Buyer according to the current tariffs of delivery services (carriers) directly to the selected delivery service (carrier).
4.4. The cost of the Goods indicated on the website of the online store does not include the cost of delivering the Goods to the Buyer’s address.
4.5. The Seller can indicate the approximate cost of delivering the Goods to the Buyer’s address when the Buyer contacts the Seller with the corresponding request by sending a letter to the email or when placing an order through the online store operator.
4.6. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the funds are received by the Seller on his account.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the online store in the “Payment and Delivery” section.
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 qualitative and quantitative characteristics (name of the Goods, quantity, completeness, expiration date).
4.9. The Buyer or his/her representative, upon acceptance of the Goods, confirms by his/her signature on the commodity check/or in the order/or in the transport consignment note for the delivery of goods that he/she has no claims to the quantity of goods, 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 his/her Representative from the moment the Goods are received by the Buyer in the city of delivery of the Goods during self-delivery from the Seller, or during the transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.
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 disclose any private information about the Buyer and not 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 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally, by posting them on the website of the online store. All changes take effect from the moment of their publication.
5.3 The Buyer is obliged to:
5.3.1 Before concluding the Agreement, familiarize himself/herself 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 To enable the Seller to fulfill his obligations to the Buyer, the Buyer must provide all necessary data that uniquely identify him/her as the Buyer and are sufficient for delivering the ordered Goods to the Buyer.
6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy him/her in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by him/her as intended or for other reasons cannot be used by him/her as intended. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if the goods were not used and if their marketable condition, consumer properties, packaging, seals, labels, and the settlement document issued to the Buyer for payment for the Goods are preserved. The list of goods that are not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.
6.2. The return of the cost of goods of proper quality to the Buyer is carried out within 30 (thirty) calendar days from the moment the Seller receives such Goods, provided that the requirements of clause 6.1 of the Agreement and current legislation of Ukraine are met.
6.3. The cost of the goods is subject to return 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 found in the goods during the established warranty period, the Buyer personally, in the manner and within the timeframes established by the legislation of Ukraine, has the right to present to the Seller the claims provided for by the Law of Ukraine “On Protection of Consumer Rights.” When making claims for the free elimination of defects, the period for their elimination is calculated from the date the Seller receives the Goods at his disposal and physical access to such Goods.
6.6. The Seller considers claims provided for by the Law of Ukraine “On Protection of Consumer Rights” provided the Buyer submits the documents required by current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer due to violation of the rules of use or storage of the Goods by the Buyer, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties if such goods can only be used by the Buyer who purchased them (including, but not limited to, custom sizes, characteristics, appearance, completeness, etc.). Confirmation that the goods have individually defined properties is the difference in sizes of the goods and other characteristics specified in the online store.
6.8. The return of goods in cases provided by law and this Agreement is carried out at the address specified on the website in the “Contacts” section.
7.1. The Seller is not responsible for 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, untimely execution of Orders and its obligations in the event of the provision of false or erroneous information by the Buyer.
7.3. The Seller and the Buyer are responsible for the fulfillment of their obligations in accordance with current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are released from liability for full or partial non-fulfillment of their obligations if such non-fulfillment is a consequence of force majeure circumstances such as: war or hostilities, earthquake, flood, fire, and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The party that cannot fulfill its obligations immediately informs the other Party.
8.1. By providing his/her personal data on the website of the online store during registration or placing an Order, the Buyer gives the Seller his/her voluntary consent to the processing, use (including transfer) of his/her personal data, as well as to other actions provided for by the Law of Ukraine “On Protection of Personal Data,” without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of providing information to contractors 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 established by the requirements of current legislation of Ukraine.
8.3. The Buyer is responsible for maintaining his/her personal data up-to-date. The Seller is not responsible for poor performance or non-fulfillment of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.
9.1. This agreement 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 are resolved through negotiations. In case of failure to resolve the contentious issue through negotiations, the Buyer and/or the Seller have the right to apply for the resolution of the dispute to judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1. of the Agreement. In addition, changes to the Agreement can also be made by mutual agreement of the Parties in the manner prescribed by current legislation of Ukraine.
