Public offer
PUBLIC CONTRACT (OFFER)
for ordering, purchase, sale and delivery of goods
This contract is the official and public proposal of the Seller to conclude a contract of sale of the Goods presented on the website piranhaknives.store This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (natural person, legal entity, individual entrepreneur), without giving preference to one buyer over another. By concluding this Contract, the buyer fully accepts the terms and the procedure for placing an order, paying for the goods, delivery of the goods, return of the goods, liability for a bad-faith order and all other terms of the contract. The Contract is deemed concluded from the moment the “Confirm Order” button is pressed on the checkout page in the “Cart” section and the Buyer receives an electronic order confirmation from the Seller.
1. Definition of terms
1.1. Public offer (hereinafter the “Offer”) – a public proposal of the Seller, addressed to an indefinite range of persons, to conclude with the Seller a contract for the sale of goods by distance means (hereinafter the “Contract”) on the terms contained in this Offer.
1.2. Goods or Service – the object of the parties’ agreement, which was selected by the buyer on the website of the Online Store and placed in the cart, or has already been purchased by the Buyer from the Seller by distance means.
1.3. Online Store – the website of the Seller at www.piranhaknives.store, created for the conclusion of retail and wholesale sale contracts on the basis of the Buyer becoming acquainted with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – a legally capable natural person who has reached the age of 18, receives information from the Seller and places an order for the purchase of goods presented on the website of the Online Store for purposes not related to business activity, or a legal entity or an individual entrepreneur.
1.5. Seller – Individual Entrepreneur Nazar Vasylovych Bokii (identification code 3537214655), a person established and operating in accordance with the current legislation of Ukraine.
2. Subject of the Contract
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 on the terms of this Contract.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Contract is deemed to be the date on which the Buyer fills in the order form located on the website of the Online Store, provided that the Buyer receives an electronic order confirmation from the Seller. If necessary, at the Buyer’s request, the Contract may be executed in written form.
3. Placing an Order
3.1. The Buyer places an order in the Online Store independently through the “Cart” form, or by placing an order by e-mail or by the telephone number indicated in the contacts section of the Online Store.
3.2. The Seller has the right to refuse to hand over the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its 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 fulfil the order:
3.3.1. surname and first name of the Buyer;
3.3.2. the address to which the Goods are to be delivered (if delivery is to the Buyer’s address), or the branch/parcel locker of the postal delivery operator Nova Poshta;
3.3.3. contact telephone number.
3.3.4. email
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 contract requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the required information, the Seller bears no responsibility for providing a quality service 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 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 the Buyer entering the relevant data into the registration form on the website of the Online Store or when placing an Order through the operator. After an Order is placed 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 an Order.
3.9. By concluding the Contract, that is, by accepting the terms of this proposal (the proposed terms of purchase of the Goods) through placing an Order, the Buyer confirms the following:
a) the Buyer has fully and completely familiarised themselves with, and agrees to, the terms of this proposal (offer);
b) they give permission for the collection, processing and transfer of personal data; the permission to process personal data is valid for the entire term of the Contract, as well as for an unlimited period after its expiry. In addition, by concluding the contract the Buyer confirms that they have 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 of the fact that their personal data is transferred to the Seller in order to make it possible to fulfil the terms of this Contract, to carry out mutual settlements, and also to receive invoices, acts and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer their personal data to third parties without any additional notice to 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 Personal Data Protection” is known and clear to them.
4. Price and Delivery of the Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the Online Store. All prices for Goods and services indicated on the website are in hryvnia, inclusive of all taxes and duties.
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, the cost of which has been paid by the Buyer in full, may not 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 delivery of the Goods to the Buyer. The cost of delivery of the Goods is paid by the Buyer in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by them.
4.4. The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery of the Goods to the Buyer’s address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer’s address when the Buyer submits a corresponding request to the Seller by sending a letter to the e-mail address or when placing an order through the operator of the online store.
4.6. The Buyer’s obligations to pay for the Goods are deemed fulfilled from the moment the funds are credited to the Seller’s account.
4.7. Settlements between the Seller and the Buyer for the Goods are carried out 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 that the Goods correspond to the qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.9. The Buyer or their representative, when accepting the Goods, confirms by their signature on the sales receipt / or on the order / or on the transport waybill for the delivery of goods that they have no claims regarding the quantity of the goods, the appearance and the completeness of the goods.
4.10. Ownership and the risk of accidental loss of or damage to the Goods pass to the Buyer or their Representative from the moment the Buyer receives the Goods in the city of delivery of the Goods where the Goods are delivered by the Seller directly, or at the moment the Seller hands the goods over to the delivery service (carrier) chosen by the Buyer.
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 Contract 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 in cases provided for by law and during the fulfilment of the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Contract, as well as the prices for Goods and services, unilaterally, by publishing them on the website of the Online Store. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Contract, familiarise themselves with the content of the Contract, the terms of the Contract and the prices offered by the Seller on the website of the Online Store.
5.3.2 For the Seller to fulfil its obligations to the Buyer, the latter must provide all the necessary data that unambiguously identify them as the Buyer and are sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return to the Seller a non-food product of proper quality if the product did not satisfy them in terms of shape, dimensions, style, colour or size, or cannot be used by them for its intended purpose for other reasons. The Buyer has the right to return a product of proper quality within 14 (fourteen) days, not counting the day of purchase. A product of proper quality is returned if it has not been used and if its presentation, consumer properties, packaging, seals and labels have been preserved, as well as the settlement document issued to the Buyer for payment for the Goods. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund of the cost of a product of proper quality to the Buyer is made within 30 (thirty) calendar days from the moment such Goods are received by the Seller, subject to compliance with the requirements provided for in clause 6.1. of the Contract and with the current legislation of Ukraine.
6.3. The cost of the goods is refunded 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 to the Buyer by the Seller.
6.5. If defects in the Goods are discovered within the established warranty period, the Buyer personally has the right, in the manner and within the time limits established by the legislation of Ukraine, to present to the Seller the claims provided for by the Law of Ukraine “On Consumer Rights Protection”. When claims for the free elimination of defects are made, the period for their elimination is counted from the date the Seller receives the Goods at its disposal and has physical access to such Goods.
6.6. Consideration of the claims provided for by the Law of Ukraine “On Consumer Rights Protection” is carried out by the Seller provided that the Buyer submits the documents required by the current legislation of Ukraine. The Seller is not liable for defects in the Goods that arose after they were handed over to the Buyer as a result of the Buyer violating the rules of use or storage of the Goods, the 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 determined properties, if the said goods can be used exclusively by the Buyer who purchased them (including non-standard dimensions, characteristics, appearance, configuration and so on made at the Buyer’s request). Confirmation that the goods have individually determined properties is a difference between the dimensions of the goods and other characteristics indicated in the online store.
6.8. The return of goods, in the cases provided for by law and by this Contract, is carried out to the address indicated on the website in the “Contacts” section
7. Liability
7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper assembly, use or storage of the Goods purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfilment of Orders and of its obligations in the event that the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are liable for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Contract.
7.4. The Seller or the Buyer is released from liability for full or partial non-fulfilment of their obligations if the non-fulfilment is a consequence of force majeure circumstances such as: war or military action, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and / or the Buyer after the conclusion of this contract. The Party that is unable to fulfil its obligations shall immediately notify the other Party thereof.
8. Confidentiality and protection of personal data.
8.1. By providing their personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller their voluntary consent to the processing and use (including the transfer) of their personal data, as well as to the performance of other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limitation of 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 if the Seller provides information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for poor performance or non-performance of its obligations due to the information about the Buyer being out of date or not corresponding to reality.
9. Other terms
9.1. This contract is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If the disputed issue is not settled through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Contract unilaterally, in the manner provided for in clause 5.2.1. of the Contract. In addition, changes to the Contract may also be made by mutual agreement of the Parties in the manner provided for by the current legislation of Ukraine.
Individual Entrepreneur Nazar Vasylovych Bokii 3537214655