Public Offer of the ami.in.ua Online Store for the Sale of Goods
This Agreement is an official and public offer of the Seller to conclude a purchase and sale agreement for the Goods presented on the ami.in.ua website. 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, or sole proprietor), without granting preference to one Buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedure for placing an order, payment for the Goods, delivery of the Goods, return of the Goods, liability for placing an improper order, and all other terms of this Agreement. The Agreement shall be deemed concluded from the moment the Buyer clicks the "Confirm Order" button on the checkout page in the "Shopping Cart" section and receives electronic confirmation of the order from the Seller.
1. Definitions
1.1. Public Offer (hereinafter referred to as the "Offer") means a public proposal of the Seller addressed to an indefinite number of persons to conclude a distance purchase and sale agreement for the Goods (hereinafter referred to as the "Agreement") under the terms and conditions set forth in this Offer.
1.2. Goods or Service means the subject matter of the agreement between the parties, selected by the Buyer on the Online Store website and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store means the Seller's website located at ami.in.ua, created for concluding retail and wholesale purchase and sale agreements based on the Buyer's review of the description of the Goods offered by the Seller via the Internet.
1.4. Buyer means 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 website for purposes not related to entrepreneurial activity, or a legal entity or sole proprietor.
1.5. Seller means Sole Proprietor Krasnozhon Kostiantyn Yevheniiovych
(Tax ID 3211218516), an individual acting in accordance with the current legislation of Ukraine: Ukraine, Kyiv, Voskresenska Street, Building 14-B, Apartment 192.
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 Offer Agreement (acceptance of the Offer) and the moment of the Buyer's full and unconditional acceptance of the terms of this Agreement shall be the date on which the Buyer completes the order form posted on the Online Store website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in written form.
3. Order Placement
3.1. The Buyer independently places an order in the Online Store through the "Shopping Cart" form or by placing an order via email or by phone 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 when placing the order is incomplete or raises doubts as to its authenticity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required for order fulfillment:
3.3.1. the Buyer's surname and first name;
3.3.2. the address to which the Goods should be delivered (if delivery is made to the Buyer's address);
3.3.3. contact phone number;
3.3.4. Tax Identification Code for a legal entity or a sole proprietor.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's shopping cart on the Online Store website.
3.5. If either Party to the Agreement requires additional information, it has the right to request such information from the other Party. If the Buyer fails to provide the required information, the Seller shall not be liable for providing quality service to the Buyer when purchasing Goods from the Online Store.
3.6. When placing an order through the Seller's operator (Clause 3.1 of this Offer), the Buyer undertakes 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 carried out by entering the relevant information into the registration form on the Online Store website or when placing an Order through the operator. After the Order has been placed through the operator, the Buyer's information 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 this Agreement, that is, by accepting the terms of this Offer (the proposed conditions for purchasing the Goods) through placing an Order, the Buyer confirms the following:
a) The Buyer has fully read and agrees to the terms of this Offer.
b) The Buyer grants consent to the collection, processing, and transfer of personal data. The consent to the processing of personal data remains valid throughout the entire term of this Agreement and for an unlimited period after its termination. Furthermore, by concluding this Agreement, the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, and that their personal data are transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting settlements, and issuing invoices and certificates. The Buyer also agrees that the Seller has the right to grant access to and transfer the Buyer's personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's Order. The Buyer is aware of and understands the scope of their rights as a personal data subject under the Law of Ukraine "On Personal Data Protection."
4. Price and Delivery of the Goods
4.1. Prices for Goods and services are determined independently by the Seller and are indicated on the Online Store website. All prices for Goods and services displayed on the website are stated in Ukrainian hryvnias and include VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of an individual unit of Goods that has been fully paid for by the Buyer may not be changed by the Seller unilaterally.
4.3. The price of the Goods indicated on the Online Store website does not include the cost of delivery to the Buyer. The Buyer shall pay the delivery cost in accordance with the current rates of the selected delivery service (carrier).
4.4. The price of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may provide an estimated delivery cost to the Buyer's address upon the Buyer's request sent by email or when placing an order through the Online Store operator.
4.6. The Buyer's obligation to pay for the Goods shall be deemed fulfilled from the moment the funds are credited to the Seller's bank account.
4.7. Payments between the Seller and the Buyer for the Goods shall be made using the methods specified on the Online Store website in the "Payment and Delivery" section.
4.8. Upon receiving the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify that the Goods comply with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date).
4.9. Upon acceptance of the Goods, the Buyer or the Buyer's representative confirms by signing the sales receipt, order, or transport waybill that there are no claims regarding the quantity, appearance, or completeness of the Goods.
4.10. Ownership of the Goods and the risk of accidental loss or damage to the Goods shall pass to the Buyer or the Buyer's representative from the moment the Buyer receives the Goods at the place of delivery in the case of self-delivery from the Seller, or from the moment the Seller transfers the Goods to the delivery service (carrier) selected by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller shall:
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 confidential information about the Buyer and not grant access to such information to third parties, except as required by law or as necessary for the fulfillment of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1. Amend the terms of this Agreement, as well as the prices for Goods and services, unilaterally by publishing such changes on the Online Store website. All changes shall become effective from the moment of publication.
5.3. The Buyer undertakes to:
5.3.1. Before concluding this Agreement, familiarize themselves with the contents of the Agreement, its terms, and the prices offered by the Seller on the Online Store website.
5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary information that clearly identifies them as the Buyer and is sufficient for the delivery of the ordered Goods.
6. Return of the Goods
6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods do not satisfy the Buyer in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. Goods of proper quality may be returned provided that they have not been used and their commercial appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer upon purchase have been preserved. The list of Goods that are not subject to return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the cost of Goods of proper quality shall be made within 30 (thirty) calendar days from the date the Seller receives such Goods, provided that the requirements of Clause 6.1 of this Agreement and the applicable legislation of Ukraine have been met.
6.3. The cost of the Goods shall be refunded by bank transfer to the Buyer's bank account.
6.4. The return of Goods of proper quality to the Seller's address shall be carried out at the Buyer's expense and such expenses shall not be reimbursed by the Seller.
6.5. If defects in the Goods are discovered during the established warranty period, the Buyer shall have the right, personally, in accordance with the procedure and within the time limits established by the legislation of Ukraine, to submit claims to the Seller as provided for by the Law of Ukraine "On Consumer Protection." When submitting claims for the free elimination of defects, the period for eliminating such defects shall be calculated from the date the Seller receives the Goods and obtains physical access to them.
6.6. Claims provided for by the Law of Ukraine "On Consumer Protection" shall be considered by the Seller upon the Buyer's submission of the documents required by the applicable legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer due to the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties, or force majeure circumstances.
6.7. The Buyer shall not have the right to refuse Goods of proper quality that have individually defined characteristics if such Goods can be used exclusively by the Buyer who purchased them (including, but not limited to, non-standard dimensions, specifications, appearance, configuration, and other characteristics made at the Buyer's request). Confirmation that the Goods have individually defined characteristics shall be the difference in the dimensions of the Goods and other characteristics specified in the Online Store.
6.8. The return of Goods in cases provided for by law and this Agreement shall be carried out to the address specified on the website in the "Contacts" section.
5. Rights and Obligations of the Parties
5.1. The Seller shall:
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 confidential information about the Buyer and not grant access to such information to third parties, except as required by law or as necessary for the fulfillment of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1. Amend the terms of this Agreement, as well as the prices for Goods and services, unilaterally by publishing such changes on the Online Store website. All changes shall become effective from the moment of publication.
5.3. The Buyer undertakes to:
5.3.1. Before concluding this Agreement, familiarize themselves with the contents of the Agreement, its terms, and the prices offered by the Seller on the Online Store website.
5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary information that clearly identifies them as the Buyer and is sufficient for the delivery of the ordered Goods.
6. Return of the Goods
6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods do not satisfy the Buyer in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, excluding the day of purchase. Goods of proper quality may be returned provided that they have not been used and their commercial appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer upon purchase have been preserved. The list of Goods that are not subject to return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the cost of Goods of proper quality shall be made within 30 (thirty) calendar days from the date the Seller receives such Goods, provided that the requirements of Clause 6.1 of this Agreement and the applicable legislation of Ukraine have been met.
6.3. The cost of the Goods shall be refunded by bank transfer to the Buyer's bank account.
6.4. The return of Goods of proper quality to the Seller's address shall be carried out at the Buyer's expense and such expenses shall not be reimbursed by the Seller.
6.5. If defects in the Goods are discovered during the established warranty period, the Buyer shall have the right, personally, in accordance with the procedure and within the time limits established by the legislation of Ukraine, to submit claims to the Seller as provided for by the Law of Ukraine "On Consumer Protection." When submitting claims for the free elimination of defects, the period for eliminating such defects shall be calculated from the date the Seller receives the Goods and obtains physical access to them.
6.6. Claims provided for by the Law of Ukraine "On Consumer Protection" shall be considered by the Seller upon the Buyer's submission of the documents required by the applicable legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer due to the Buyer's violation of the rules for the use or storage of the Goods, actions of third parties, or force majeure circumstances.
6.7. The Buyer shall not have the right to refuse Goods of proper quality that have individually defined characteristics if such Goods can be used exclusively by the Buyer who purchased them (including, but not limited to, non-standard dimensions, specifications, appearance, configuration, and other characteristics made at the Buyer's request). Confirmation that the Goods have individually defined characteristics shall be the difference in the dimensions of the Goods and other characteristics specified in the Online Store.
6.8. The return of Goods in cases provided for by law and this Agreement shall be carried out to the address specified on the website in the "Contacts" section.
7. Liability
7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations if the Buyer provides inaccurate or false information.
7.3. The Seller and the Buyer shall be liable for the fulfillment of their obligations in accordance with the applicable 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 such failure results from force majeure circumstances, including but not limited to war or military actions, earthquakes, floods, fires, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party unable to fulfill its obligations shall immediately notify the other Party thereof.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the Online Store website during registration or when placing an Order, the Buyer grants the Seller voluntary consent to process, use (including transfer) their personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection," without any limitation on the duration of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides such information to contractors or third parties acting under an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where such disclosure is required by the applicable legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for improper performance or failure to perform its obligations due to outdated or inaccurate information provided by the Buyer.
9. Other Provisions
9.1. This Agreement is concluded on the territory of Ukraine and shall be governed by the applicable legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the dispute cannot be resolved through negotiations, the Buyer and/or the Seller shall have the right to apply to the competent courts in accordance with the applicable legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally in accordance with Clause 5.2.1 of this Agreement. In addition, amendments to this Agreement may be made by mutual consent of the Parties in accordance with the procedure established by the applicable legislation of Ukraine.
Sole Proprietor Krasnozhon Kostiantyn Yevheniiovych
Registered address of the Sole Proprietor: Ukraine, Kyiv, Voskresenska Street, Building 14-B, Apartment 192
IBAN (UAH): UA843052990000026007036701023
Tax ID / EDRPOU: 3211218516
Bank: JSC CB "PRIVATBANK"