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Public Offer Agreement
Public Agreement (Offer)
Read the text of this Public Offer Agreement, hereinafter referred to as the "Agreement," and if you do not agree with any of its terms or do not understand any part of the Agreement, we suggest that you refuse to purchase the product or clarify any information you are interested in by calling +380636866610 or writing an email to: [email protected]
This Agreement is the official and public offer of the Seller to enter into a sales contract for the Product presented on the website unit-team.com. This Agreement is public, meaning that, 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 any buyer an advantage over others. By entering into this Agreement, the buyer fully accepts the terms and conditions of order placement, product payment, product delivery, product return, responsibility for dishonest ordering, and all other terms of the agreement. The Agreement is considered concluded upon clicking the "Product Order" button on the product page of any item.
If the terms of this Agreement are accepted, i.e., the Seller's Public Offer, the User becomes the Buyer.
1. Definitions
1.1. Public Offer (hereinafter referred to as the "Offer") - a public proposal by the Seller addressed to an indefinite circle of persons to enter into a contract for the sale of goods at a distance (hereinafter referred to as the "Agreement") on the terms contained in this Offer.
1.2. Online Store – the Seller's website at www.unit-team.com created for the conclusion of wholesale sales contracts based on the Buyer’s review of the Product description offered by the Seller via the Internet.
1.3. Product – goods, the images and/or descriptions of which are posted on the Website.
1.3. Buyer – a legally 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 website for purposes not related to entrepreneurial activities, or a legal entity or individual entrepreneur.
1.4. Seller – the limited liability company “UNIT CRAFT” (identification code 452243117166), a legal entity created and operating in accordance with the current legislation of Ukraine, whose location is: 33009, Rivne region, Dubno district, Dubno city, Mykhailo Hrushevsky street, building 117.
1.5. Recipient – the Buyer, or a person who receives the Product on behalf of the Buyer, which was delivered by the Seller’s own means or by a shipping company.
1.6. Order – a properly placed and submitted request by the User to purchase selected Goods via the Website.
1.7. Acceptance – the act of the User performing actions aimed at accepting the terms of this Public Offer.
1.8. Seller's Manager – a person who represents the interests of the Seller during the order placement process or in communication regarding the order.
1.9. Personal Data – information that allows the identification of the Buyer and is necessary for ordering the Product.
1.10. For the purposes of this Agreement, all the terms mentioned in paragraph 1 of the Agreement are used exclusively in the meaning defined in paragraph 1 of this Agreement, regardless of whether these terms are used in the singular or plural, or in other grammatical forms, cases, and/or constructions.
1.11. All other terms not separately defined in this Agreement are understood and interpreted in their literal grammatical meaning, based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject of this Agreement.
Agreement
2. Subject of the Agreement
2.1. The Seller agrees to transfer the Product to the Buyer’s ownership, and the Buyer agrees to pay for and accept the Product under the terms of this Agreement.
2.2. Before filling out the order form located on the Online Store website, the Buyer must carefully review all the terms of this Agreement, and if the terms are accepted (i.e., the Offer is accepted) in full, the Buyer clicks the "Product Order" button, which is considered the act of submitting the corresponding Order for the selected Product.
2.3. The date of conclusion of the Agreement (acceptance of the offer) and the moment of complete and unconditional acceptance of the terms of the Agreement by the Buyer is considered the date the Buyer completes the order form located on the Online Store website, provided that the Buyer receives order confirmation from the Seller in electronic form. If necessary, the Agreement can be executed in writing.
2.4. By clicking the "Product Order" button, the Buyer confirms that they are familiar with all the terms of this Agreement before accepting, and confirms their full and unconditional agreement with all the terms of this Agreement, including the conditions for delivery and payment for the Product at the prices indicated on the Online Store website on the date of entering into this Agreement by the Buyer.
2.5. The Seller agrees to transfer the Product to the Buyer’s ownership, and the Buyer agrees to pay for and accept the Product under the terms of this Agreement.
2.6. The Agreement applies to all types of Products and services presented on the Website.
2.7. The Buyer is obliged to familiarize themselves with the terms of this Agreement, and the Seller is not obligated to additionally or in any other way inform the Buyer about the existence of the Agreement except for its publication on the Website.
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3. Order Placement
3.1. The Buyer independently submits a request to place an order in the Online Store via the form on the website or by sending an email or calling the phone number listed 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 doubts about its validity.
3.3. When placing an order on the Online Store website, the Buyer is obligated to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. the Buyer’s last name and first name;
3.3.2. the address to which the Product should be delivered (if delivery to the Buyer’s address is required);
3.3.3. contact phone number.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the created order after confirming all necessary details.
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 does not provide the required information, the Seller is not liable for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller’s manager (p. 1.8 of this Offer), the Buyer is obligated to provide the information listed in p. 3.3 of this Offer.
3.7. The Buyer accepts the terms of this Offer by entering the corresponding information in the registration form on the Online Store website or when placing an order through the manager. After the order is placed through the Manager, 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 entering into the Agreement, i.e., accepting the terms of this offer (the proposed terms for purchasing the Product), by placing the Order, the Buyer confirms the following:
a) The Buyer is fully acquainted with and agrees to the terms of this offer;
b) The Buyer gives consent for the collection, processing, and transfer of personal data. The consent for personal data processing is valid throughout the term of the Agreement and for an indefinite period after its expiration. In addition, by entering into the agreement, the Buyer confirms that they have been informed (without additional notification) about their rights under 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 for the purpose of fulfilling the terms of this Agreement, for settlement purposes, and for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access and transfer their personal data to third parties without further notification of the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine "On the Protection of Personal Data" is known and understood by the Buyer.
3.10. The provided photo samples include one or more types of a product of a specific article and textual information about the article, available sizes, unit price, and other details.
3.11. The information provided on the site unit-team.com is for informational purposes only.
3.12. The manager handling the Order clarifies the Order details, agrees on the delivery method and date, which depends on the availability of the Ordered Products and the time required for processing and delivering the Order.
3.13. The expected delivery date for the Order is communicated to the Buyer by the manager handling the Order via email or during a confirmation phone call to the Buyer.
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4. Price and Delivery of Goods
4.1. The price of each individual product is determined by the Seller. The price of the Order is determined by adding the price of all the Goods included in the Order.
4.2. The price of the Goods on the Site is listed in the national currency of Ukraine (hryvnia) per unit of the product.
4.3. The price of the Agreement is equal to the price of the Order. The total sum of the Order may change depending on the price, quantity, or nomenclature of the Goods.
4.4. An order for Goods is understood as the formation of an Order and its payment by non-cash means.
4.5. Payment for the Goods by non-cash transfer is made:
4.5.1. By transferring non-cash funds to the Seller’s current account (with the order number specified);
4.5.2. By using electronic payment methods.
4.6. In the case of partial payment for the Goods, the Goods are considered paid from the moment the full amount is transferred to pay for the entire purchased Goods.
4.7. The Order is considered paid from the moment the payment is received in the Seller’s current account or its representative. The fact of payment of the Order confirms the User/Buyer’s agreement with the terms of this Agreement.
4.8. The price of the Goods listed on the Site can be changed by the Seller unilaterally. However, the price for the Goods ordered by the User/Buyer is not subject to change.
4.9. Until the Buyer’s funds are credited to the Seller’s current account, the Goods are not reserved. The Seller cannot guarantee the availability of the Goods in the quantity stated at the time of placing the Order, which may result in extended processing times, but not exceeding reasonable timeframes for fulfilling this obligation.
4.10. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the funds are received by the Seller in their account.
4.11. Payments between the Seller and the Buyer for Goods are made by the methods specified on the website of the Online Store in the “Payment and Delivery” section.
4.12. Failure of the Buyer to fulfill their payment obligations for the ordered Goods is considered a unilateral refusal by the Buyer from this Agreement in its entirety, which consequently leads to the termination of all obligations of the Seller arising from the Buyer’s acceptance of the Seller’s offer to conclude this Agreement.
5. Delivery of Goods
5.1. Delivery and return of the Order is carried out by the Seller or delivery services within the territory of Ukraine (hereinafter referred to as "Carrier Companies") at the Buyer’s expense.
5.2. The total delivery time of the Goods consists of the order processing time and the delivery time. The order processing time is up to five business days. Delivery methods are agreed upon with the Seller’s manager.
5.3. Along with the Order, the recipient will be provided with the documents required by the applicable legislation.
5.4. Upon receipt of the Goods, the recipient is obliged to check the Goods for quantity, quality, assortment, and completeness.
5.5. In the case of delivery by a Carrier Company, by accepting this Public offer, the User/Buyer fully and unconditionally agrees with the transportation rules of the Carrier Companies. The terms of such Rules can be reviewed on the websites of the respective Carrier Companies.
5.6. In the case of delivery by a courier service, the responsibility for the safety of the Goods until it is handed over to the Buyer rests with the courier service.
5.7. The risk of accidental loss and/or accidental damage to the Goods passes to the recipient from the moment the Order is handed over and the recipient signs the documents confirming the delivery of the Order.
5.8. The price of the Goods does not include the delivery cost of the Goods to the Buyer. The Buyer pays the delivery cost according to the current tariffs of the delivery services (carriers) directly to the chosen delivery service (carrier).
5.9. Upon receiving the goods, the Buyer must, in the presence of the delivery service representative (carrier), check the compliance of the Goods with the quality and quantity characteristics (product name, quantity, completeness, expiration date).
5.10. The Buyer or their representative, when accepting the Goods, confirms by their signature on the product receipt/order/transportation waybill that there are no claims regarding the quantity, appearance, and completeness of the Goods.
6. Return of Goods of Inadequate Quality
6.1. In case of returning Goods with a significant defect according to the Law of Ukraine "On Consumer Protection" No. 1023-XII dated 12.05.1991 (as amended), which was delivered by Carrier Companies, the Seller will refund the money upon the return of the Goods. The costs related to the delivery of such Goods to the Buyer by the Carrier Company are covered by the Seller.
7. Rights and Obligations of the Parties
7.1. The Seller has the right:
7.1.1. To unilaterally suspend the sale of Goods and the provision of delivery services (refuse to process the Order/sell and deliver the Goods) in case the User/Buyer violates the terms of the Public Offer;
7.1.2. At its discretion, unilaterally change the price of Goods. In any case, the price of the Goods confirmed by the Seller for the Order remains unchanged;
7.1.3. In case the ordered Goods are unavailable, the Seller has the right to exclude the specified Goods from the Order / cancel the Buyer’s Order, notifying the Buyer via email (sent to the email address specified by the Buyer during registration or when placing the Order) or by calling the phone number provided by the Buyer;
7.1.4. At its discretion, unilaterally amend the terms of the Public Offer by posting (publishing) a new version on the Website. The changes will take effect upon posting (publication), unless a different effective date is specified when published;
7.1.5. To post on the Website information about promotional activities and marketing campaigns carried out or to be carried out by the Seller and/or third-party partners of the Seller. Also, in accordance with this Public Offer and Privacy Policy, send emails to Users' email addresses with information about news, promotional events, marketing activities, and other commercial offers of the Seller;
7.1.6. To organize the delivery of Orders by involving third parties in the provision of delivery services.
7.2. The Seller undertakes to:
7.2.1. After confirming the Order, properly process and confirm Orders that have been properly made;
7.2.2. Deliver the Goods according to the Order and the terms of the Public Offer;
7.2.3. Check the quantity and quality of the Goods during packaging and preparation for delivery;
7.2.4. Not disclose any personal data of Users and Buyers, passwords, or any other access information;
7.2.5. Provide each User with the opportunity to opt-out of receiving promotional materials and other commercial offers from the Seller sent to the email address specified during registration on the Website.
7.3. The User/Buyer has the right:
7.3.1. To choose Goods, place and send Orders on the appropriate pages of the Website;
7.3.2. To demand that the Seller fulfill the terms and obligations outlined in this Public Offer;
7.3.3. To refuse to receive promotional materials and other commercial offers from the Seller sent to the User's email address.
7.4. The User/Buyer undertakes:
7.4.1. To familiarize themselves with all the terms and provisions of this Public Offer before accepting it;
7.4.2. To review the information about the Goods (its description) posted on the Website before placing and sending the Order;
7.4.3. To properly pay for and receive the Order that has been placed according to the terms of this Public Offer;
7.4.4. When registering and/or placing the Order, to provide the Seller with complete information necessary for the delivery of the Order. The User/Buyer is fully responsible for providing false information, which leads to the impossibility of properly fulfilling the Seller's obligations to the User/Buyer;
7.4.5. Upon receiving the Order, to ensure the integrity and completeness of the Goods by inspecting the contents of the Order. In case of damage or incomplete delivery of the Goods – to record all discrepancies in the Act, which must be signed by the person who delivered the goods, along with the User/Buyer.
8. Liability
8.1. The Seller is not responsible for any harm caused to the Buyer or third parties as a result of improper use or storage of the Goods purchased from the Seller.
8.2. The Seller is not responsible for the improper or untimely execution of Orders and its obligations in case the Buyer provides false or erroneous information.
8.3. The Seller and the Buyer are responsible for fulfilling their obligations according to the current legislation of Ukraine and the provisions of this Agreement.
8.4. The Seller is not responsible for the quality of public communication channels and any interruptions in data transmission networks (including, but not limited to, the global Internet network) used to access the Website.
8.5. Any complaint or claim from the Buyer must be made in writing. The Seller will take all necessary measures to address the complaint/claim of the Buyer if the complaint/claim is well-founded and submitted in accordance with the current legislation of Ukraine.
8.6. The Seller or the Buyer is exempt from liability for full or partial non-performance of their obligations if the non-performance is the result of force majeure circumstances, such as war or military actions, earthquake, flood, fire, and other natural disasters that occur independently of the will of the Seller and/or Buyer after the conclusion of this Agreement. The party that cannot fulfill its obligations must immediately notify the other party.
9. Confidentiality and Protection of Personal Data
9.1. Any information contained in this Agreement and obtained by the Parties during its execution is confidential and shall not be disclosed to third parties without the written consent of the other Party, except in cases where such disclosure is required by the execution of this Agreement or is provided for by the legislation of Ukraine.
9.2. By providing their personal data on the online store website during registration or when placing an Order, the Buyer gives their voluntary consent to the Seller for the processing, use (including transfer), and other actions involving their personal data, as provided by the Law of Ukraine "On Protection of Personal Data", without limitation of the term of such consent.
9.3. The Seller undertakes not to disclose the information received from the Buyer. Providing information by the Seller to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, is not considered a violation, as well as in cases where such disclosure is required by the current legislation of Ukraine.
9.4. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.
10. Validity of the Public Offer
10.1. The term of this Public Offer is established from January 14, 2025, and is automatically renewed every subsequent year.
10.2. The withdrawal of this Public Offer can be made by the Seller at any time, which does not constitute grounds for termination of already concluded Agreements.
10.3. The Seller has the right to unilaterally amend this Agreement, with the simultaneous posting of the amended version on the Website. Changes made to this Agreement do not apply to Agreements concluded before the changes were posted on the Website.
11. Other Conditions
11. Other Conditions
11.1. This Agreement is concluded in the territory of Ukraine and is governed by the current legislation of Ukraine.
11.2. Any disputes arising between the Buyer and the Seller are to be resolved through negotiations. In the event that the dispute cannot be resolved through negotiations, the Buyer and/or Seller have the right to apply to the judicial authorities for dispute resolution in accordance with the current legislation of Ukraine.
11.3. The Seller has the right to make amendments to this Agreement unilaterally, as provided in paragraph 7.1.4 of the Agreement. Additionally, amendments to the Agreement can also be made by mutual agreement of the Parties in accordance with the current legislation of Ukraine.
11.4. The legal relations arising from this public Agreement are governed by the provisions of the Constitution of Ukraine, the Civil Code of Ukraine, the Law of Ukraine "On Consumer Protection", the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Personal Data Protection", the Rules for the Sale of Goods by Order and Outside Commercial or Office Premises, approved by the Order of the Ministry of Economics of Ukraine No. 103 dated April 19, 2007, etc.
11.5. The invalidity, nullity, or expiration of any of the terms of this public Agreement does not result in the invalidity, nullity, or expiration of any other terms of this public Agreement.
11.6. The Seller reserves the right to expand and reduce the range of goods offered on the Website.
11.7. This Agreement is drafted in full understanding of its terms and terminology by the Parties in the Ukrainian language.
11.8. For all matters not covered by this public Agreement, the Parties shall be governed by the norms of the current legislation of Ukraine.
SELLER'S ADDRESS AND DETAILS:
Limited Liability Company "UNIT CRAFT"
Bank account UA673052990000026009040705518, in the bank KB "Privatbank", Rivne city, MFO 305299,
legal address: 33009, Rivne region, Dubensky district, Dubno city, Mykhailo Hrushevsky street, building 117,