Public Offer Agreement

This Agreement is a public contract – a Public Offer Agreement, meaning that under Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of status (individual, legal entity, or sole proprietor). By fully agreeing to this Agreement, the buyer accepts the terms and procedure for placing an order, payment for goods, and delivery of goods.

This Agreement is an agreement between Sole Proprietor Iryna Oleksiivna Halchenko (online store https://sunfill.ua/) (hereinafter referred to as "Seller") and any legal entity, sole proprietor, or individual using the services of the online store, referred to as "Buyer" (hereinafter referred to as "Buyer"). It includes all essential terms of organizing the purchase and sale remotely (i.e., via an online store).

The terms of this Agreement regulate the relationship between the Seller and the Buyer and are governed by the Law of Ukraine "On Consumer Protection" No. 1023-XII dated May 12, 1991, and the Rules for the Retail Sale of Non-Food Products, approved by the Ministry of Economy of Ukraine Order No. 104 dated April 19, 2007.

This agreement is a public offer and is equivalent to an "oral agreement" and, under Ukrainian law, has legal force.

General Provisions

1.1. This Agreement is a public offer (according to Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine) and contains all the essential terms for organizing the remote purchase and sale, i.e., through the online store.

1.2. In accordance with Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this public contract, i.e., the public offer of the online store, is the fact of placing an order in accordance with paragraph 4 of this Agreement and payment for the order in the amount of 100% under the terms of this Agreement.

1.3. The public offer is also accepted when the Buyer registers on the online store's website.

1.4. By entering into this Agreement, the Buyer confirms that they are fully familiar with and agree to its terms, and if the Buyer is an individual, they give consent to the processing of their personal data for the purpose of fulfilling this Agreement, processing payments, and receiving invoices, acts, and other documents. Consent for the processing of personal data is valid for the entire duration of the Agreement. Furthermore, by entering into this 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" and the purposes of data collection. The scope of the Buyer's rights as a subject of personal data under the Law of Ukraine "On the Protection of Personal Data" is known and understood by the Buyer.

Terms and Definitions

2.1. Online Store – the Seller's website (https://sunfill.ua/) created for the conclusion of retail and wholesale purchase-sale contracts based on the Buyer's acquaintance with the Seller's product descriptions on photos via the Internet, excluding the possibility of the Buyer’s direct acquaintance with the product – a remote sales method.

2.2. Product – a list of items offered in the online store.

2.3. Personal Data – any information that directly or indirectly relates to a specific individual or an individual who is identifiable.

Subject of the Agreement

3.1. The online store undertakes to transfer ownership of the product to the Buyer, and the Buyer undertakes to pay for and accept the product under the terms of this Agreement.

3.2. This Agreement governs the purchase and sale in the online store, including:

  • Voluntary selection of goods by the Buyer in the online store.

  • Self-placement of the order by the Buyer on the website of the online store.

  • Placing an order by the Buyer via phone.

  • Payment for the order placed in the online store.

  • Execution and transfer of the order to the Buyer under the terms of this Agreement.

Order Placement Procedure

4.1. The Buyer independently places an order online on the website of the online store or via phone contact using the details provided in the online store.

Product Price and Payment Procedure

5.1. The total price of the product is indicated on the pages of the online store.

5.2. Prices for goods and services may change depending on market conditions, which will reflect on the prices in the online store. The Seller cannot change the price for a specific Buyer if they have already accepted the Seller's terms and made payment in accordance with this Agreement.

5.3. The Buyer pays for the order (100% prepayment) via the system https://wayforpay.com.

Order Delivery

6.1. The product is shipped to the Buyer after receiving 100% payment.

6.2. The Buyer receives the product via the transport company.

6.3. Delivery and return of the product are carried out by the Seller or the transport company (carrier) at the Buyer's expense.

6.4. The delivery cost is not specified on the online store since it depends on the current rates of the transport company (carrier).

6.5. For wholesale orders, delivery terms and methods are agreed upon separately in each specific case.

6.6. The Seller is not responsible for delivery times as they depend on third parties (carriers).

6.7. Delivery payment is made by the Buyer directly to the carrier upon receiving the goods. The exact cost is determined by the carrier and announced by the courier at the time of delivery. The online store staff can provide an estimated delivery cost to the Buyer for informational purposes only.

Exchange and Return of Goods of Proper Quality

7.1. The Buyer has the right to exchange goods of proper quality for an identical product from the Seller.

7.2. Transportation costs for delivery during the exchange (per point 7.1) are covered by the Seller.

7.3. If the identical product is out of stock at the time of exchange, the Buyer has the option to either purchase another product from the available assortment with a price adjustment, cancel the contract and receive a refund, or exchange the product when the same item is back in stock.

Rights and Obligations of the Parties

8.1. The Buyer is obliged to:

  • Familiarize themselves with the product information on the Seller's website.

  • Independently place the order on the website or via phone.

  • Pay in time and receive the order from the carrier under the terms of this Agreement.

  • Upon receiving the product, check the packaging's integrity and inspect the product for mechanical damage and completeness.

8.2. The Buyer has the right to demand that the online store adheres to the terms of this Agreement.

8.3. The online store is obliged to:

  • Comply with the terms of this Agreement.

  • Transfer the product to the Buyer according to the sample listed in the online store, order, and terms of this Agreement.

  • The online store is not responsible for any damages incurred by the Buyer due to the actions or inactions of third parties.

8.4. The online store has the right to suspend services under this Agreement if the Buyer violates its terms.

Acceptance of Goods by the Buyer

9.1. Upon receiving the product from the carrier, the Buyer must check the integrity of the packaging and ensure the product's condition (no mechanical damage) and completeness.

9.2. If any defects are found, the Buyer must document them in an act, signed by both the Buyer and the carrier or Seller's employee.

9.3. The Buyer is obliged to notify the Seller's manager of the defects within 1 day and fill out a return form.

Liability of the Parties

10.1. The parties are responsible for the non-performance or improper performance of the terms of this Agreement according to this Agreement and applicable Ukrainian law.

10.2. In case of force majeure, the parties are exempt from fulfilling the terms of this Agreement.

10.3. The party claiming force majeure must notify the other party within five calendar days.

10.4. If the force majeure event lasts for more than five months, either party has the right to terminate the Agreement unilaterally.

Other Terms

11.1. The online store reserves the right to unilaterally amend this Agreement, with prior publication on the website https://sunfill.ua/.

11.2. The online store is created for the remote sale of products via the Internet.

11.3. The online store is not responsible for the accuracy of the information provided by the Buyer during the order process.

11.4. The Buyer is responsible for the accuracy of the information provided.

11.5. By paying for the order in the online store, the Buyer fully agrees to the terms of this Agreement.

11.6. The use of the online store for viewing products and placing orders is free for the Buyer.

11.7. Information provided by the Buyer is confidential.

11.8. By accepting this Agreement, the Buyer gives consent for the collection and processing of their personal data for commercial purposes.

Agreement Validity

12.1. This Agreement becomes effective on the day the order is placed or registered in the online store https://sunfill.ua/ and is valid until all conditions of the Agreement are fulfilled.