Public offer agreement
PUBLIC OFFER AGREEMENT
for the ordering, purchase, sale, and delivery of goods
This agreement is entered into between the Modellux online store, hereinafter referred to as the “Seller,” and the user of the website’s services, hereinafter referred to as the “Customer,” and constitutes a contract of mandate for the ordering, purchase, and delivery of Goods. It sets forth the basic terms and conditions for ordering, purchasing, and delivering goods through the website https://modellux.kiev.ua. By acting with the intent to purchase Goods, the Buyer accepts the terms of this contract for the sale of goods (hereinafter the “Contract”) under the following conditions.
1. DEFINITIONS
1.1. Public Offer (hereinafter referred to as the “Offer”) - a public offer by the Seller, addressed to an indefinite group of persons, to enter into a contract of sale with the Seller remotely (hereinafter referred to as the “Contract”) under the terms and conditions contained in this Offer, including all Annexes.
1.2. Order—the Customer’s decision to order goods and their delivery, placed through the online store, and/or an instruction to purchase and deliver goods.
2. GENERAL PROVISIONS
2.1. The information provided below constitutes an official offer by the online store https://modellux.kiev.ua to any individual or legal entity, regardless of their status, an individual entrepreneur (hereinafter referred to as the “Buyer”) to enter into a contract for the sale of goods. This contract is a public contract; that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.
2.2. Pursuant to Article 642 of the Civil Code of Ukraine, the complete and unconditional acceptance of the terms of this proposal (offer), which confirms the conclusion of the Contract of Sale of Goods under the terms set forth below, is evidenced by the fact of placing and confirming the order.
2.3. By placing an Order, the Buyer confirms their agreement to and unconditional acceptance of the terms of this offer.
2.4. By entering into the Agreement (i.e., by accepting the terms of this Offer by placing an Order), the Buyer confirms the following:
• The Buyer is fully and completely familiar with and agrees to the terms of this offer;
• The Buyer grants permission for the collection, processing, and transfer of personal data under the terms set forth below in the Provision Regarding the Collection, Processing, and Transfer of Personal Data; this permission to process personal data remains in effect for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the Agreement, the Customer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data,” of the purposes of data collection, and that his personal data is being transferred To the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, certificates, and other documents.
3. PRICE OF THE GOODS. PAYMENTS
3.1. The price for each item of the Goods is listed on the online store’s website.
3.2. The Seller has the right to unilaterally change the price of any item of Goods.
3.3. In the event of a price change for the ordered Goods, the Seller undertakes to inform the Buyer of the price change.
3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Product if the price is changed by the Seller after the Order is placed.
3.5. The Buyer’s obligation to pay for the Product is considered fulfilled upon receipt of the funds by the Seller.
3.6.Payments between the Seller and the Buyer for the Goods are made in the following ways:
- by making a full, 100% prepayment of the cost of the ordered goods within 3 (three) banking days from the date the Seller issues the Buyer a corresponding invoice or provides the Buyer with another document (notification) that includes all the details necessary to pay for the goods, or - payment is made upon receipt of the goods at a transport company’s branch or upon delivery to the specified address by a courier service for Cash payment in hryvnia.
4. PLACING AN ORDER
4.1. The Buyer places an order for the Product through the Operator via the phone numbers listed on the Modellux online store website, or through the online store’s website service https://modellux.kiev.ua
4.2.When registering on the online store’s website, the Buyer agrees to provide the following registration information:
4.2.1. Last name and first name of the Buyer or the person specified by the Buyer (recipient);
4.2.2. The address to which the Goods are to be delivered (if delivery is to the Buyer’s address);
4.2.3. Email address (optional field);
4.2.4. Contact phone number.
4.3. The name, quantity, item number, and price of the Goods selected by the Buyer are indicated in the Buyer’s shopping cart on the online store’s website.
4.4. If the Seller requires additional information, the Seller has the right to request it from the Buyer. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing quality service to the Buyer when purchasing goods from the online store.
4.5. When placing an Order through an Operator (Section 4.1 of this Offer), the Buyer agrees to provide the information specified in Section 4.2 of this Offer. 4.6. The Buyer accepts the terms of this Offer by entering the relevant information into the registration form on the online store’s website or when placing an Order through the Operator. After placing an Order through the Operator, the Buyer’s information is recorded in the Seller’s database.
4.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
4.8. The distance sales contract between the Seller and the Buyer is deemed concluded from the moment the Order is placed electronically on the online store’s website or when the Seller issues a cash register receipt, sales receipt, or other document confirming payment for the Goods to the Buyer.
5. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1 The Buyer agrees on the procedure and terms of delivery of the ordered goods with the online store operator at the time of placing the order. If the goods are made to order, the customer will be informed of the approximate delivery time. If the goods are out of stock, a company manager is required to notify the Buyer (by phone or email).
5.2. Delivery via a courier service:
5.2.1. After placing an order, the Buyer may receive their goods at any address of the courier service (order pickup location), with which the Modellux online store collaborates.
5.2.2. Upon receiving the goods at the order pickup location, the Customer must, in the presence of a representative of the courier service, verify that the Goods comply with the specified quality and quantity characteristics (product name, quantity, completeness).
5.2.3. If the order is delivered to a pickup location where no courier service representative is present—specifically, a parcel locker— the buyer is required to take photos or record a video if any damage or discrepancies are found, contact the nearest branch of the courier service, and file a damage report in the presence of a delivery service employee. Otherwise, the store cannot accept the buyer’s claim regarding damage without a corresponding damage report.
5.3 If goods not accepted by the Buyer are stored at the carrier’s warehouse, the Buyer is obligated to pay the cost of such storage to the carrier for the entire duration of the goods’ storage.
5.3 Redelivery of the goods to the Buyer shall be carried out by the Buyer and at the Buyer’s expense from the Seller’s (or the carrier’s) warehouse, the address of which shall be provided by the Seller upon the Buyer’s request.
6. RETURN OF GOODS
6.1. The Customer has the right to refuse the goods at any time prior to their delivery, and after delivery—in accordance with the procedure and under the conditions set forth in the Law of Ukraine “On the Protection of Consumer Rights.”
6.2. Goods of satisfactory quality may be returned provided that their marketable appearance and consumer properties have been preserved, and the document confirming the purchase and the terms of the order for the specified goods is retained.
6.3. If the Customer refuses to accept goods of proper quality, the Seller shall refund the amount equal to the cost of such goods, excluding the Seller’s expenses for delivering the returned goods. The Seller will refund the funds using the same method by which the Buyer paid for the product.
6.4. The refund of the amount specified in Section 6.5 will be processed within 3 business days after the online store receives the returned product.
7. LIABILITY OF THE PARTIES
7.1. The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the Products previously ordered on the website https://modellux.kiev.ua and purchased from the Seller.
7.2. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate, false, or incomplete 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 exempt from liability for full or partial failure to perform their obligations if such failure is the result of force majeure circumstances such as: war or military actions, an earthquake, floods, fires, and other natural disasters that occurred beyond the control 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. INTELLECTUAL PROPERTY PROTECTION
8. The website https://modellux.kiev.ua itself, as well as all and any of its elements and components (both collectively and individually), including but not limited to the source code and its elements, images, texts, audio and video materials, are the property of the website owner. Any use of any materials or elements of the website without the owner’s prior consent is prohibited under any circumstances
SELLER’S ADDRESS AND CONTACT INFORMATION:
Individual Entrepreneur Andriy Vitaliyovych Pavlov
Recipient Code: 2848209410
Recipient Account: UA263052990000026000015013784
Bank Name: JSC CB “PRIVATBANK”
02206 Kyiv, 3 Myropilska St., 240
+380674434318
+380634010471
+380669918889