Public offer agreement

Public offer agreement 

 

This agreement is an official and public offer of the Seller to conclude an agreement for the sale of the Goods presented on the site https://www.antea.com.ua/. This agreement is public, 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 preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of the order, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and all other terms of the contract. The Agreement is considered concluded from the moment of clicking the “Confirm Order” button on the ordering page in the “Basket” section and receiving by the Buyer from the Seller confirmation of the order in electronic form.

 

  1. Concepts and definitions

1.1 Public offer (hereinafter – the “Offer”) – a public offer of the Seller, addressed to an indefinite number of persons, to enter into an agreement with the Seller to buy and sell goods remotely (hereinafter – the “Agreement”) on the terms contained in this Offer.

1.2 “Good” – 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 basket, or already purchased by the Buyer from the Seller remotely.

1.3 Online store – the Seller’s website at www.antea.com.ua created for concluding retail and wholesale purchase and sale agreements on the basis of the Buyer’s acquaintance with the description of the Products offered by the Seller via the Internet.

1.4 “Buyer” – an able-bodied individual who has reached 18 years of age, receives information from the Seller, places an order to purchase goods presented on the website of the Online Store for non-business purposes, or a legal entity or individual entrepreneur. 

1.5  Seller – Agricultural production cooperative “AnTea”, a legal entity established and operating in accordance with the current legislation of Ukraine that sells goods presented on the website www.antea.com.ua.  

 

  1. 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 concluding the Offer Agreement (acceptance of the offer) and the moment of full and unquestioning acceptance by the Buyer of the terms of the Agreement is the date of filling in the Buyer’s order form on the website, provided the Buyer receives electronic order confirmation from the Seller. If necessary, at the request of the Buyer, the Agreement may be executed in writing.

 

  1. Ordering procedure

3.1. The buyer places an order on the online store via the “Basket” form or by 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 at the time of placing the order is incomplete or raises suspicions about their 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 fulfill the order:

3.3.1. First and last name of the Buyer; 

3.3.2. The delivery address; 

3.3.3. Contact phone number; 

3.3.4. Identification code for a legal entity or an individual entrepreneur.

3.4. Name, quantity, price of the Goods selected by the Buyer are indicated in the Buyer’s basket on the website of the Online Store 

3.5. When placing an order through the Seller’s operator (paragraph 3.1. Of this Offer), the Buyer undertakes to provide the information specified in paragraphs 3.3 – 3.4. of this Offer.

3.6. The Buyer’s acceptance of the terms of this Offer is made by the Buyer entering the relevant data in the registration form on the website of the Online Store or when placing an Order through the operator. 

3.7. The Buyer is responsible for the accuracy of the information provided when placing an order.

3.8. By concluding the Agreement, i.e. accepting the terms of this offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:

a) The buyer is fully acquainted with and agrees to the terms of this offer (offer);

b) he gives a permission for the collection, processing and transfer of personal data, permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by concluding the contract, the Buyer confirms that he is informed (without additional notice) about the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and that his personal data is transferred to the Seller of this Agreement for the possibility of mutual settlements, as well as to obtain invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer of his personal data to third parties without any additional notice to the Buyer in order 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 Personal Data Protection” is known and understood.

  1. Price and Delivery of Goods

4.1 Prices for goods are determined by the Seller independently and are listed on the website of the online store. All prices for goods listed on the site in UAH include VAT. 

4.2 Prices for Goods may be changed by the Seller unilaterally depending on market conditions. In this case, the price of a single unit of the Goods, the value of which is 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 delivery services (carriers) directly to his chosen delivery service (carrier).

4.4. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds on his account 

4.5. Payments between the Seller and the Buyer for the Goods are made in the ways specified on the website of the Online Store in the section “Payment and Delivery”.

4.6. 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).

4.7. Ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment of receipt of the Goods by the Buyer at the place of delivery of the Goods through self-delivery of the Goods from the Seller or during the transfer of Goods to the delivery service (carrier) chosen by the Buyer.

 

  1. Rights and obligations of the Parties

5.1. The seller must:

5.1.1. To transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2. Do not disclose any private information about the Buyer and do 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, placing them on the website of the Online Store. All changes come into force from the moment of their publication.

5.3 The Buyer undertakes:

5.3.1 Prior to concluding the Agreement, read 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 In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary information that uniquely identifies him as the Buyer and is sufficient for delivery of the ordered Goods to the Buyer.

 

  1. Return policy

6.1. Food products presented on the site are not subject to return and exchange according to the Resolution of the Cabinet of Ministers of Ukraine of March 19, 1994 № 172 “On implementation of certain provisions of the Law of Ukraine” On Consumer Protection “. 

 

  1. Responsibilities of the parties

7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper use, storage of the Goods purchased from the Seller.

7.2. The Seller is not responsible for improper, late execution of Orders and its obligations in case of inaccurate or false information provided by the Buyer.

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 released from liability for full or partial non-performance of its obligations if the non-performance is the result of force majeure such as war or hostilities, earthquake, flood, fire and other natural disasters that occurred regardless of the Seller’s will and/or Buyer after the conclusion of this agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party.

 

  1. Personal data protection

8.1. Providing his personal data on the website of the Online Store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer) of his personal data and other actions under the Law of Ukraine “On Personal Data Protection” “, without limiting the validity of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the Seller’s provision of information to counterparties and third parties acting on the basis of an agreement with the Seller, including to fulfill obligations to the Buyer, as well as in cases where disclosure of such information is required by current legislation of Ukraine

 

  1. Other conditions

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.

9.3. The Seller has the right to amend this Agreement unilaterally in accordance with paragraph 5.2.1. Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by current legislation of Ukraine.

ADDRESS AND DETAILS OF THE SELLER:

СВК «Антеа»

Ukraine, Lviv, Volodymyra Velygiho str., 2/112

с/a UA833808050000000026006606086 Raiffeisen Bank

BIC 380805

Code 41591601

TIN 415916013053

tel. (067) 999 09 36