PUBLIC OFFER AGREEMENT
Under this agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement – the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement), which is addressed to an unlimited number of persons, is an official public offer of the Seller to conclude a purchase and sale agreement for the goods, the photograph of which is posted in the corresponding section of the website https://timehouse.com.ua/
Sellers intending to sell Goods through the website https://timehouse.com.ua/ and Buyers when purchasing Goods, images of which are posted on the corresponding pages of https://timehouse.com.ua/ accept the terms of this Agreement regarding the following.
GENERAL TERMS
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Pressing the “ORDER” button on the Website page https://timehouse.com.ua/ in the corresponding section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with applicable international and Ukrainian legislation, has undertaken to fulfill the terms of the Public Offer Agreement, which are indicated below.
1.2. The Public Offer Agreement is public, meaning that according to Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, individual entrepreneur). By fully agreeing to 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 dishonest orders and non-compliance with the terms of this Agreement.
1.3. This Agreement becomes effective from the moment of pressing the “ORDER” button, by which the Buyer agrees to purchase the available Goods from the Seller and remains in effect until the moment the Buyer receives the Goods from the Seller and makes full payment.
1.4. To regulate the contractual legal relations of the Parties under the Agreement, and if necessary, Ukrainian legislation is chosen. If an international treaty, the binding nature of which has been approved 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 agreement, a sample of which is posted on the website https://timehouse.com.ua/ and the use of which is mandatory for all
Sellers, containing an offer from the Seller for the purchase of Goods, the image of which is posted on the Website https://timehouse.com.ua/, addressed to an indefinite circle of persons, including Buyers.
“Acceptance” – the Buyer’s acceptance of the Seller’s offer to purchase the Goods, the image of which is posted on the website https://timehouse.com.ua/ by adding it to the virtual cart and sending the Order.
“Goods” – an item of trade (product, model, accessory, components, and related items, any other items of trade), the purchase of which on the website https://timehouse.com.ua/ is offered by the seller.
“Buyer” – any legally capable individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who has visited the website https://timehouse.com.ua/, and intends to purchase a particular Goods.
“Seller” – any legally capable individual, legal entity, individual entrepreneur, in accordance with applicable international and Ukrainian legislation, who are owners or distributors of the Goods and intend to sell it through the website https://timehouse.com.ua/.
“Order” – a properly executed and placed application from the Buyer for the purchase of Goods on the Website https://timehouse.com.ua/, addressed to the Seller.
“Legislation” – norms established by Ukrainian or international legislation for regulating contractual legal relations under the Agreement.
“Significant Defect of Goods” – a defect that makes it impossible or inadmissible to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), and after its elimination, reappears for reasons independent of the consumer.
SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, under the terms and in the manner specified in this Agreement, to sell the Goods based on the Order placed by the Buyer on the corresponding page of the Website https://timehouse.com.ua/. The Buyer undertakes, under the terms and in the manner specified in this Agreement, to purchase the Goods and pay money for it.
3.2. The Seller guarantees that the Goods have not been pledged, are not the subject of a dispute, are not under arrest, and that there are no rights of third parties to it.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or agreement made under pressure or deception.
3.4. The Seller confirms that it has all the necessary permits for conducting business activities that regulate the sphere of legal relations arising and operating in the process of executing this Agreement, and also guarantees that it has 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 responsibility 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
• fulfill the Buyer’s order upon receipt of payment from the Buyer;
• transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the website https://timehouse.com.ua/, the order placed, and the terms of this Agreement;
• check the quality and quantity characteristics of the Goods during its packaging in the warehouse;
• inform the buyer about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing this agreement.
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. A business entity among those offering Goods for purchase on the Website https://timehouse.com.ua/ under the unified agreed rules set out in this public offer agreement.*
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer is obliged to:
• promptly pay for and receive the order under the terms of this Agreement;
• 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 it, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete set of the Goods – to record them in an act, which together with the Buyer must be signed by the person who delivered the Goods to the Buyer.
5.2. The Buyer has the right to:
• place an order on the corresponding page of the Website https://timehouse.com.ua/;
• demand from the seller the fulfillment of the terms of this Agreement;
• to be informed about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
ORDER PROCESSING PROCEDURE
6.1. The Buyer independently places an order on the corresponding page of the Website https://timehouse.com.ua/ by adding Goods to the virtual cart by clicking the “Add to Cart!” button or by placing an order via email or by the phone number indicated in the contacts section of the Website https://timehouse.com.ua/.
6.2. The order formation period is up to 2 business days from the moment of its placement. If the order is sent on a weekend or holiday, the formation period starts from the first working day after the weekend.
AGREEMENT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Goods is determined by the Seller and is indicated on the corresponding page of the Website https://timehouse.com.ua/. The price of the Agreement is determined by summing the prices of all selected Goods placed in the virtual cart and the cost of delivery, which is determined depending on the method of delivery in accordance with the terms of Section 8 of this Agreement.
7.2. The cost of the Order may change depending on the price, quantity, or range of goods.
7.3. The Buyer can pay for the order in the following ways:
1) by bank transfer of money to the Seller’s current account specified in the invoice, including via Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) by cash on delivery upon receipt of the Order at the representative office of the delivery service in the territory of Ukraine or in the territory of another country in accordance with the place of order of the goods.
3) By credit card of the following type:
• Visa
• Visa Electron
• Mastercard
• Mastercard Electronic
• Maestro
4) by any other method as agreed with the Seller.
Note. When paying for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when paying for European orders with Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. By clicking the “ORDER” button on the Website page https://timehouse.com.ua/ in the corresponding section, the Seller informs the Buyer about the possibility of charging an additional commission when paying for European orders with Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards.
TERMS OF DELIVERY OF GOODS
8.1. The Buyer receives the Goods by delivery or picks them up in person. The procedure for payment and receipt is indicated on the corresponding page of the Website https://timehouse.com.ua/.
8.2. When delivering Goods to other cities in Ukraine or to the territory of another country, which is carried out by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees to the Rules for the Transportation of Goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies is confirmed by the Buyer’s signature in the cargo transportation bill, the Carrier Company’s declaration, or in the invoice when receiving the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity indicated and paid for by the Buyer, in the completeness according to the specification of these Goods and in proper (working) condition and quality.
8.4. In case of the Buyer’s absence at the delivery address specified by the Buyer in the application or refusal of the Buyer to receive the Goods for unjustified reasons, the courier of the carrier company returns the Goods to the trading center of shipment. Payment for the services of the Carrier Company 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 email: budynokchasu@gmail.com indicating the settlement account to which the funds should be returned.
All questions that arise during the payment and receipt of the Goods can be clarified by the Buyer using the contact details in the Contacts section.
TERMS OF RETURN OF GOODS
9.1. In accordance with Article 9 of the Law of Ukraine “On Protection of Consumer Rights,” the Buyer has the right to exchange Goods of proper quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange Goods taking into account the provisions of the legislation on the grounds and list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such a return is carried out in accordance with the “Return” section of the Website, taking into account the rules and conditions of the carrier or courier that operate in the territory of Ukraine or in the territory of another country in accordance with the place of delivery of the goods.
9.3. In the presence of at least one of the listed defects, the Buyer is obliged to record them in a compiled act of arbitrary form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, the defects should be recorded by means of photo or video recording. Within 1 (one) day, the Buyer is obliged to inform the manager (representative of the Seller responsible for processing the order for the Goods) about the identified defects and arrange for the replacement of the Goods, while filling out the claim form for the return of the Goods on the website https://timehouse.com.ua/
9.4. The Parties have agreed that in case of non-compliance with the mandatory requirements of this procedure, it is recognized that the Buyer received the Goods in proper condition – without any mechanical damage and in full completeness.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties are liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and applicable international and Ukrainian legislation.
10.2. In case of disputes arising from the performance of this Agreement by the Parties, except for disputes regarding the collection of debt from the Buyer, the Parties undertake to resolve them through negotiations while adhering to the claim procedure. The term for considering a claim is 7 (seven) calendar days from the date of its receipt. For disputes related to the collection of debt from the Buyer, adherence to the claim procedure is not required.
10.3. All disputes, disagreements, or claims arising from this Agreement or in connection with it, including those related to its performance, violation, termination, or
invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.
FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties are not liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure circumstances, i.e., events or circumstances that are truly beyond the control of such a party, occurred after the conclusion of this Agreement, and are of an unpredictable and irresistible nature.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by government bodies (including allocations, priorities, official requirements, quotas, and price controls), if these circumstances directly affected the performance of this Agreement.
11.2. The Party for whom the performance of obligations under this Agreement has become impossible due to the occurrence of force majeure circumstances shall immediately inform the other Party in writing about the occurrence of the aforementioned circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of the force majeure circumstances. Such confirmation shall be a certificate, certificate, or other relevant document issued by an authorized government 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 shall be extended by any period during which performance was postponed due to the listed circumstances.
11.4. If, due to the actions of circumstances of insurmountable force, non-performance of obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure circumstances, the Parties carry out final mutual settlements.
OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the execution of their Order (sending a message to the seller about the order of Goods, sending advertising messages, etc.).
12.2. By accepting the Agreement or registering on the Website https://timehouse.com.ua/ (filling out the registration form), the Buyer voluntarily consents to the collection and processing of their personal data for the purpose: the data that becomes known will be used for commercial purposes, including processing orders for the purchase of goods, receiving information about the order, sending advertising and special offers, information about promotions, raffles, 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 send letters, notifications, and materials to the Buyer’s postal address, email, as well as send SMS messages and make calls to the phone number indicated in the questionnaire.
12.3. The Buyer grants the right to process their personal data, including: placing personal data into databases (without additional notification about this), carrying out lifelong storage of data, their accumulation, updating, and modification (if necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, as well as upon a mandatory request from a competent government authority).
12.4. In case of unwillingness to receive mailings, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials and sending it to the postal or email address.
12.5. The Seller is not responsible 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 provided when placing an order.