PUBLIC OFFER AGREEMENT
This Public Offer Agreement for the trade of goods carried out by mail-order firms or via the Internet establishes the terms and conditions for trading goods on the website located on the Internet at: https://timehouse.com.ua/, and constitutes a public offer of Individual Entrepreneur Larisa Viktorivna Dmytriieva, as the website operator (hereinafter referred to as the “Seller”, identification code: 2731011821) to an indefinite circle of persons within the meaning of Articles 633, 641, 644 of the Civil Code of Ukraine, to conclude a Public Offer Agreement in the field of trade of goods carried out by mail-order firms or via the Internet (hereinafter referred to as the “Agreement”) on the following conditions:
GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are executed in the form of a Public Offer Agreement. Clicking the “ORDER” button on the relevant section of the Website https://timehouse.com.ua/ means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Ukrainian legislation, has accepted the terms of the Public Offer Agreement specified below for execution.
1.2. The Public Offer Agreement is public, meaning that in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are identical for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). Upon full agreement with this Agreement, the Buyer accepts the terms and procedure for placing an order, payment, and delivery of goods by the Seller, as well as liability for an unfair Order and failure to comply with the terms of this Agreement.
1.3. This Agreement enters into force from the moment the “ORDER” button is clicked, whereby the Buyer consents to purchase the Goods available from the Seller, and remains valid until the Buyer receives the Goods from the Seller and full settlement with them is completed.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the binding nature of which has been consented to by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international treaty shall apply.
TERMS AND DEFINITIONS
“Public Offer Agreement” – a public contract, a sample of which is posted on the website https://timehouse.com.ua/ and the application of which is mandatory for all Sellers, containing the Seller’s proposal to purchase the Goods, the image of which is posted on the Website https://timehouse.com.ua/, addressed to an indefinite circle of persons, including Buyers.
“Acceptance” – acceptance by the Buyer of the Seller’s proposal to purchase the Goods, the image of which is posted on the website https://timehouse.com.ua/, by adding them to the virtual shopping cart and sending the Order.
“Goods” – the subject of trade (product, model, accessory, components, and related items, any other items of trade), the proposal for the acquisition of which is posted by the seller on the website https://timehouse.com.ua/.
“Buyer” – any capable individual, legal entity, or individual entrepreneur, who visited the website https://timehouse.com.ua/ and intends to purchase one or another Good in accordance with current international and Ukrainian legislation.
“Seller” – any capable individual, legal entity, or individual entrepreneur, who, in accordance with current international and Ukrainian legislation, is the owner or distributor of the Goods and intends to sell them through the website https://timehouse.com.ua/.
“Order” – a duly executed and placed request of the Buyer on the Website https://timehouse.com.ua/ for the purchase of Goods, addressed to the seller.
“Legislation” – norms established by Ukrainian or international law to regulate contractual legal relations under the Agreement.
“Significant defect of the Goods” – a defect that makes it impossible or unacceptable to use the Goods in accordance with their intended purpose, arose due to the fault of the manufacturer (Seller), and manifests itself again after its elimination for reasons independent of the consumer.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, under the terms and in the manner determined by this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Website https://timehouse.com.ua/. The Buyer undertakes, under the terms and in the manner determined by this Agreement, to purchase the Goods and pay for them.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not under arrest, and there are no rights of third parties over them.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction, or an agreement entered into under duress or deception.
3.4. The Seller confirms that they have all the necessary permits to carry out business activities regulating the sphere of legal relations arising and operating in the process of executing this Agreement, and also guarantees that they have the right to produce and/or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear liability in case of violation of the Buyer’s rights in the process of executing this Agreement and selling the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller is obliged:
• to comply with the terms of this Agreement;
• to fulfill the Buyer’s order upon receipt of payment from the Buyer;
• to transfer the Goods to the Buyer in accordance with the selected sample on the relevant page of the website https://timehouse.com.ua/, the placed order, and the terms of this Agreement;
• to check the qualitative and quantitative characteristics of the Goods during their packaging at the warehouse;
4.2. The Seller has the right:
• to unilaterally suspend the provision of services under this Agreement in case of violation of the terms of this Agreement by the Buyer.
4.3. The business entity is among the persons offering the Goods for purchase on the Website https://timehouse.com.ua/ under the unified agreed rules set forth in this public offer agreement.*
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obliged:
• to timely pay for and receive the order under the terms of this Agreement;
• to familiarize themselves with the information about the Goods posted on the Website https://timehouse.com.ua/;
• upon receipt of the Goods from the person who delivered them, to ensure the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete configuration of the Goods, to document them in an act, which must be signed by the Buyer along with the person who delivered them.
5.2. The Buyer has the right:
• to place an order on the relevant page of the Website https://timehouse.com.ua/;
• to demand fulfillment of the terms of this Agreement from the seller;
ORDERING PROCEDURE
6.1. The Buyer independently places an order on the relevant page of the Website https://timehouse.com.ua/ by adding Goods to the virtual shopping cart by clicking the “Add to cart” button.
6.2. The order processing time is up to 1 business day. In the event that the order is sent on a weekend or holiday, the processing period begins on the first business day following the weekend.
AGREEMENT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Good is determined by the Seller and indicated on the relevant page of the Website https://timehouse.com.ua/. The Agreement Price is determined by adding the prices of all selected Goods placed in the virtual shopping cart and the delivery price, which is determined depending on the delivery method in accordance with Section 8 of this Agreement.
7.2. The cost of the Order may change depending on the price, quantity, or nomenclature of the goods.
7.3. The Buyer can pay for the order in the following ways:
1) payment of the Order to the checking account of the Individual Entrepreneur (FOP).
Bank Details:
Recipient
DMYTRIIEVA LARYSA VIKTORIVNA
IBAN
UA053052990000026002034934790
RNOKPP/EDRPOU
2731011821
Purpose of payment
Payment for goods
2) cash on delivery upon receipt of the Order at the representative office of the delivery service in Ukraine in accordance with the location where the goods were ordered.
3) by any other method by agreement with the Seller.
TERMS OF GOODS DELIVERY
8.1. The Buyer receives the Goods via delivery or picks them up personally. The procedure for payment and receipt is indicated on the relevant page of the Website https://timehouse.com.ua/delivery/.
8.2. When delivering Goods across Ukraine, which is performed by the “Nova Poshta” company (hereinafter – the Carrier Company), the Buyer fully and unreservedly agrees to the Rules of Freight Transportation of this carrier company.
8.3. The Buyer confirms the fact of receiving the Goods and the absence of claims regarding the quality of the Goods delivered by the Carrier Companies by their own signature on the bill of lading, the declaration of the Carrier Company, or on the delivery note upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, complete according to the specification of these Goods, and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address (or at the branch/postamat) specified by the Buyer in the order, or in case of the Buyer’s refusal to receive the Goods for unsubstantiated reasons (without factory defects or deficiencies), the Goods are returned to the seller.
Depending on the chosen payment method, the costs for the services of the Carrier Company (“Nova Poshta”) are compensated as follows:
– If the Goods were prepaid to the FOP checking account: the cost of round-trip delivery is deducted from the amount transferred by the Buyer for the Goods. The remaining amount is returned to the Buyer based on their letter sent to the e-mail: budynokchasu@gmail.com, indicating the bank account (IBAN) to which the funds should be returned.
– If cash on delivery (payment upon receipt) was chosen: the Buyer is obliged to reimburse the seller for the cost of round-trip delivery of the goods, except in cases where the refusal is due to the detection of damage or a defect in the goods during inspection.
All questions arising in the process of payment and receipt of Goods can be clarified by the Buyer using the contact details in the Contacts section.
TERMS OF GOODS RETURN OR EXCHANGE
9.1. According to Art. 9 of the Law of Ukraine “On Consumer Rights Protection”, the Buyer has the right to exchange or return Goods of proper quality within fourteen days, excluding the day of purchase, unless a longer period is declared by the Seller. The Buyer has the right to exchange or return the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return or exchange the Goods, such return is carried out in accordance with the conditions specified on the “Returns and Exchanges” page on the Website, and according to the rules of the Carrier Company (“Nova Poshta”) operating in Ukraine.
9.3. In the presence of at least one of the listed defects, the Buyer is obliged to document them in an act drawn up in free form (or an Acceptance-Transfer Act / Damage Act directly at the “Nova Poshta” branch). The act must be signed by the Buyer and a representative of the Carrier Company (“Nova Poshta”). If possible, defects should be documented by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to notify the Seller’s manager of the identified defects and agree on the replacement of the Goods or a refund of funds by filling out the feedback form on the page https://timehouse.com.ua/en/contacts or by calling the number: +380961947756.
At the same time, the payment for logistics services in case of return or exchange is carried out according to the following rules:
- Goods of inadequate quality (factory defect, deficiency, damage): if the return or exchange is carried out due to a detected defect or non-compliance with the order, the Seller fully bears the costs of round-trip delivery of the goods.
- Goods of proper quality (not suitable): if the goods are returned or exchanged on the initiative of the Buyer without any defects (the watch did not fit in size, color, etc.), the cost of round-trip delivery via “Nova Poshta” is paid by the Buyer.
9.4. The Parties agreed that in case of non-compliance with the mandatory requirements of the specified procedure (in particular, if the goods were picked up from the “Nova Poshta” branch without inspection and documentation of damage), it is recognized that the Buyer received the Goods in proper condition – without any mechanical damage and complete.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties bear liability for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current international and Ukrainian legislation.
10.2. In the event of disputes related to the execution of this Agreement by the Parties, with the exception of disputes regarding the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The period for considering a claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with the collection of debt from the Buyer, compliance with the claims procedure is not required.
10.3. All disputes, disagreements, or claims arising out of or in connection with this Agreement, including regarding its execution, violation, termination, or
invalidity, are subject to resolution in the relevant court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not bear liability for non-fulfillment of any of their obligations, with the exception of payment obligations, if they prove that such non-fulfillment was caused by force majeure circumstances, i.e., events or circumstances genuinely beyond the control of such party, which occurred after the conclusion of this Agreement, and are unpredictable and unavoidable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, destruction of goods, carrier delays caused by accidents or adverse weather conditions, perils and accidents at sea, embargoes, catastrophes, restrictions imposed by state authorities (including allocations, priorities, official requirements, quotas, and price controls), if these circumstances directly affected the execution of this Agreement.
11.2. The Party for which the fulfillment of obligations under this Agreement became impossible due to the occurrence of force majeure circumstances must immediately inform the other Party in writing of the occurrence of the aforementioned circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of the force majeure circumstances. Such confirmation shall be a certificate, certification, or other relevant document issued by an authorized state body located at the place of occurrence of the force majeure circumstances.
11.3. The time required for the Parties to fulfill their obligations under this Agreement will be extended for any period during which execution was delayed due to the listed circumstances.
11.4. If, due to the action of force majeure circumstances, the non-fulfillment of obligations under this Agreement lasts for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
Regardless of the occurrence of force majeure, before terminating this Agreement as a result of force majeure circumstances, the Parties shall carry out final settlements.
OTHER CONDITIONS OF THE AGREEMENT
12.1. Information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the fulfillment of their Order (sending a notification to the seller about the product order, sending promotional messages, etc.).
12.2. By their own acceptance of the Agreement or registration on the Website https://timehouse.com.ua/ (filling out the registration form), the Buyer voluntarily gives consent to the collection and processing of their personal data for the purpose: data that becomes known will be used for commercial purposes, including for processing orders for the purchase of goods, receiving information about orders, sending via telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, sweepstakes, or any other information about the activities of the Website https://timehouse.com.ua/.
For the purposes provided for in this paragraph, the Buyer has the right to be sent letters, messages, and materials to the postal address, e-mail of the Buyer, as well as to be sent SMS messages and have calls made to the telephone number specified in the form.
12.3. The Buyer grants the right to carry out the processing of their personal data, including: placing personal data in databases (without additional notification thereof), carrying out lifetime data storage, accumulation, updates, modification (if necessary). The Seller undertakes to ensure data protection from unauthorized access by third parties, not to distribute or transfer data to any third party (except for transferring data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for specified purposes, as well as upon the mandatory request of a competent state body).
12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement refusing to receive advertising materials, sending it to the postal or electronic address.
12.5. The Seller does not bear liability for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information specified during order placement.