Public offer
PUBLIC AGREEMENT (OFFER)
for ordering, purchasing, selling and delivering goods
This Agreement constitutes an official and public offer by the Seller to enter into a sales agreement for the Goods presented on the website https://evasota.com. This Agreement is public in accordance with Article 633 of the Civil Code of Ukraine, and its terms and conditions are the same for all Buyers regardless of their status. By clicking the “Confirm Order” button on the checkout page and receiving an order confirmation from the Seller, the Buyer fully and unconditionally accepts the terms and conditions of this Agreement.
1. Definition of Terms
1.1. Public Offer means the Seller’s offer to enter into a distance sales agreement for the Goods under the terms and conditions set out in this Offer.
1.2. Goods or Services means the subject matter of the transaction between the Parties, selected by the Buyer on the Website and added to the shopping cart or already purchased remotely.
1.3. Online Store means the Seller’s website https://evasota.com, created to provide the Buyer with information about the Goods and enable the placement of orders.
1.4. Buyer means a legally capable natural person who has reached the age of 18, or a legal entity or individual entrepreneur that has placed an order through the Online Store.
1.5. Seller means Individual Entrepreneur Vadym Petrovych Pecheniuk, operating in accordance with the legislation of Ukraine. Registered address: 80 Podilska Street, Sharhorod, Zhmerynka District, Vinnytsia Region, Ukraine.
2. Subject Matter of the Agreement
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 in accordance with the terms and conditions of this Agreement.
2.2. The Agreement shall be deemed concluded from the moment the Buyer places an order on the Website and receives electronic confirmation from the Seller.
3. Placing an Order
3.1. The Buyer independently places an order using the “Shopping Cart” form, by email or by calling the telephone number specified in the “Contacts” section of the Online Store.
3.2. The Buyer undertakes to provide accurate and reliable information required to process and fulfil the order.
3.3. The Seller has the right to clarify the order specifications with the Buyer before the Goods are manufactured or dispatched.
4. Price and Delivery of the Goods
4.1. The prices of the Goods are stated on the Seller’s Website in Ukrainian hryvnias. The Seller has the right to change prices before the Buyer places an order.
4.2. If the price of the Goods displayed on the Website is UAH 1, such price is symbolic and preliminary and is used solely for placing a customised order. The final price shall be determined after:
- calculating the actual area of the product;
- assessing the technical feasibility of manufacturing the product;
- the Buyer approves the final price before production begins.
4.3. Payment of UAH 1 does not constitute payment for the finished product and does not determine the final price of the Goods. Production shall begin only after the Buyer confirms the final price.
4.4. Payment for the Goods shall be made using the payment methods available on the Website, including bank transfer, online payment and other available methods.
4.5. The Goods shall be delivered by Nova Poshta. The delivery cost shall be determined in accordance with the carrier’s applicable rates.
4.6. The risk of accidental loss of or damage to the Goods shall pass to the Buyer when the Goods are transferred to the delivery service, as evidenced by the shipping document.
4.7. The Buyer is required to inspect the Goods upon receipt. Claims concerning visible external damage shall be accepted only in accordance with the carrier’s rules.
5. Rights and Obligations of the Parties
5.1. The Seller shall:
- provide accurate information about the Goods;
- manufacture and transfer the Goods within the agreed time frame;
- ensure the confidentiality of the Buyer’s Personal Data;
- transfer the Goods in accordance with the agreed specifications.
5.2. The Seller has the right to:
- change prices and terms before an order is placed;
- refuse to fulfil an order if manufacturing is technically impossible, provided that the Buyer is notified and any amounts paid are refunded;
- require the Buyer to provide accurate information required to fulfil the order.
5.3. The Buyer shall:
- provide accurate information when placing an order;
- pay for the Goods in a timely manner;
- accept the Goods within the time limits established by the carrier.
5.4. The Buyer has the right to:
- receive information about the Goods and the applicable purchase conditions;
- require the delivery of Goods of appropriate quality;
- return the Goods in cases provided for by applicable law.
6. Returns
6.1. Returns shall be handled in accordance with the Law of Ukraine “On Consumer Rights Protection”.
6.2. Custom-made Goods, including EVA mats manufactured according to the Buyer’s individual measurements, cannot be returned solely because the Buyer has changed their mind, as such Goods have individual characteristics.
6.3. Only Goods that have manufacturing defects or do not comply with the agreed specifications may be returned.
6.4. The Buyer must notify the Seller of a defect within 14 days of receiving the Goods and provide photographic or video evidence.
6.5. The Seller shall review the claim within 7 days and decide whether to replace the Goods or refund the amount paid.
6.6. In the event of a manufacturing defect, the return delivery costs shall be paid by the Seller.
7. Liability
7.1. The Parties shall be liable for breaches of this Agreement in accordance with the legislation of Ukraine.
7.2. The Seller shall not be liable for the Buyer’s improper use of the Goods.
7.3. The Seller shall not be liable for delays caused by the carrier or by circumstances of force majeure.
7.4. The Buyer shall be responsible for the accuracy of the information provided and for the timely receipt of the Goods.
7.5. Disputes shall be resolved through negotiations. If the Parties fail to reach an agreement, the dispute shall be resolved through court proceedings.
8. Confidentiality and Personal Data Protection
8.1. By providing Personal Data, the Buyer consents to its processing in accordance with the Law of Ukraine “On Personal Data Protection”.
8.2. Personal Data shall be used exclusively for processing, paying for and delivering orders.
8.3. The Seller shall not transfer Personal Data to third parties, except for delivery services and payment systems.
8.4. The Buyer has the right to request that their Personal Data be amended or deleted.
9. Other Terms
9.1. This Agreement is concluded remotely and has legal force in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce”.
9.2. The Seller has the right to amend the terms and conditions of this Offer by publishing a new version on the Website. Any amendments shall enter into force upon publication.
9.3. Any legal relations not governed by this Agreement shall be regulated by the applicable legislation of Ukraine.
9.4. By placing an order, the Buyer confirms that they have read the Offer and agree to its terms and conditions.
SELLER’S ADDRESS AND PAYMENT DETAILS
Individual Entrepreneur Vadym Petrovych Pecheniuk
80 Podilska Street,
Sharhorod, Zhmerynka District,
Vinnytsia Region, Ukraine
Bank account: UA893052990000026007006106357
held with JSC CB PrivatBank
Recipient identification code: 3136103977
Tel.: 0961578585 or 0979112051