Agreement of Public Offer

PUBLIC AGREEMENT (OFFER)
for ordering, purchasing, selling, and delivering goods

This Agreement is an official and public offer of the Seller to enter into a contract of sale and purchase of the Goods presented on the website https://danaprisdoors.com.ua. This Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all buyers, regardless of their status (individual, legal entity, sole proprietor), without granting any advantage to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions of placing an order, paying for the goods, delivering the goods, returning the goods, liability for a bad faith order, and all other terms and conditions of the Agreement. The Agreement is considered concluded from the moment the “Confirm Order” button is clicked on the checkout page in the “Cart” section and the Buyer receives an order confirmation from the Seller in electronic form.

1. Definition of Terms

1.1. Public offer (hereinafter referred to as the “Offer”) is a public offer by the Seller, addressed to an indefinite number of persons, to enter into a contract for the sale and purchase of goods remotely (hereinafter referred to as the “Agreement”) with the Seller under the terms and conditions contained in this Offer.

1.2. Goods or Services — the object of the transaction between the parties, selected by the buyer on the website of the online store and placed in the shopping cart, or already purchased by the Buyer from the Seller remotely.

1.3. Online store — the Seller’s website at www.danaprisdoors.com.ua, created for the conclusion of retail and wholesale purchase and sale agreements based on the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.

1.4. Buyer — a legally competent individual who has reached the age of 18, who receives information from the Seller, places an order to purchase a product presented on the website of the Online Store for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.

1.5. Seller — Individual Entrepreneur “Irina Leonidovna Donetsk” (identification code 3114803745), a legal entity created and operating in accordance with the current legislation of Ukraine, location: Dnipro, Dobrobatov Street, Building 5, Apartment 46.

2. 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 conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement shall be the date the Buyer completes the order form located on the website of the Online Store, subject to the Buyer receiving an electronic order confirmation from the Seller. If necessary, at the Buyer’s request, the Agreement may be drawn up in writing.

3. Placing an order

3.1. The Buyer independently places an order in the Online Store through the “Cart” form, or by placing an order by email or by calling the 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 when placing the order is incomplete or raises doubts about its accuracy.

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. Buyer’s last name and first name;

3.3.2. the address to which the Goods should be delivered (if delivery is to the Buyer’s address);

3.3.3. Contact phone number;

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

3.4. The name, quantity, article number, and price of the Product selected by the Buyer are indicated in the Buyer’s shopping cart on the website of the Online Store.

3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing quality service to the Buyer when purchasing goods from the online store.

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

3.7. The Buyer accepts the terms of this Offer by entering the relevant data into the registration form on the online store website or by placing an order through an operator. After placing an order through an operator, the Buyer’s data is entered into the Seller’s database.

3.8. The buyer is responsible for the accuracy of the information provided when placing an order.

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

a) The Buyer is fully aware of and agrees to the terms of this offer;

b) He consents to the collection, processing and transfer of personal data, consent is valid for the entire term of the Agreement, and for an unlimited period after its termination. In addition, by entering into the Agreement, the Buyer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, of the purposes of data collection, and that his personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of conducting mutual settlements, as well as for receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without additional notice to the Buyer for the purpose of fulfilling 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 the Protection of Personal Data” is known and understood.

4. Price and delivery of goods

4.1 Prices for goods and services are set by the Seller independently and are listed on the Online Store website. All prices for goods and services are listed on the website in hryvnias, including VAT.

4.2 Prices for goods and services may be changed unilaterally by the Seller depending on market conditions. However, the price of an individual unit of goods, the cost of which has been paid in full by the Buyer, cannot be changed unilaterally by the Seller.

4.3 The price of the product indicated on the website of the online store does not include the cost of delivery to the Buyer. The Buyer pays the cost of delivery directly to the chosen delivery service (carrier) in accordance with the current rates of the delivery services (carriers).

4.4 The price of the goods indicated on the website of the online store does not include the cost of delivery of the goods to the Buyer’s address.

4.5 The Seller may indicate the estimated cost of delivery of the goods to the Buyer’s address when the Buyer makes a corresponding request to the Seller by sending an email or when placing an order through the online store operator.

4.6 The Buyer’s obligations to pay for the goods are considered fulfilled from the moment the Seller receives funds into his account.

4.7 Payments between the Seller and the Buyer for the goods are made using the methods specified on the website of the online store in the “Payment and Delivery” section.

4.8 Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the conformity of the goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).

4.9 The buyer or his representative, upon receipt of the goods, confirms with his signature on the sales receipt/order/waybill that he has no complaints about the quantity of the goods, the appearance and completeness of the goods.

4.10 Ownership and the risk of accidental loss or damage to the goods shall pass to the Buyer or their Representative from the moment the Buyer receives the goods in the city of delivery of the goods upon independent delivery of the goods from the Seller, or upon the transfer of the goods by the Seller to the delivery service (carrier) selected by the Buyer.

5. Rights and Obligations of the Parties

5.1 The seller is obliged to:

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

5.1.2 Not to disclose any personal information about the Buyer and not to provide access to this information to third parties, except in cases provided by law and when fulfilling the Buyer’s order.

5.2 The seller has the right:

5.2.1 Change the terms of this Agreement, as well as prices for goods and services, unilaterally by posting them on the Online Store website. All changes take effect from the moment they are published.

5.3 The Buyer undertakes to:

5.3.1 Before concluding the Agreement, familiarize yourself with the contents of the Agreement, its terms and 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 data that clearly identifies it as the Buyer and is sufficient for the delivery of the ordered goods.

6. Return of goods

6.1 The Buyer has the right to return non-food products of proper quality to the Seller if the product does not satisfy the Buyer due to its shape, dimensions, style, color, size, or for other reasons cannot be used for its intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Goods of proper quality may be returned if they have not been used and retain their presentation, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer upon payment. The list of goods that cannot be returned on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2 The refund to the Buyer of the cost of goods of proper quality is carried out within 30 (thirty) calendar days from the date of receipt of such goods by the Seller, subject to the requirements stipulated by clause 6.1 of the Agreement and the current legislation of Ukraine.

6.3 The cost of the goods is subject to return by bank transfer to the Buyer’s account.

6.4 Return of goods of proper quality to the Seller’s address is carried out at the Buyer’s expense and the Seller will not compensate the Buyer.

6.5 If defects in the product are discovered during the established warranty period, the Buyer has the right to personally, in the manner and within the timeframes established by Ukrainian legislation, present the Seller with claims stipulated by the Law of Ukraine “On the Protection of Consumer Rights.” When presenting claims for free elimination of defects, the period for their elimination begins from the date the Seller receives the product and gains physical access to such product.

6.6 The Seller will consider claims stipulated by the Law of Ukraine “On the Protection of Consumer Rights” subject to the Buyer providing the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for any defects in the product that arise after its transfer to the Buyer due to the Buyer’s violation of the rules for use or storage of the product, actions of third parties, or force majeure.

6.7 The Buyer has no right to refuse a product of proper quality that has unique properties if the product can only be used by the Buyer who purchased it (including non-standard sizes, characteristics, appearance, configuration, etc., at the Buyer’s discretion). Confirmation that the product has unique properties is the difference between the product’s dimensions and other characteristics specified in the online store.

6.8 Return of goods in cases stipulated by law and this Agreement is carried out to the address indicated on the website in the “Contacts” section.

7. Responsibility

7.1 The Seller shall not be liable for damage caused to the Buyer or third parties due to improper installation, use, or storage of goods purchased from the Seller.

7.2 The Seller shall not be liable for improper or untimely fulfillment of orders and its obligations in the event that the Buyer provides inaccurate or erroneous information.

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 Buyer shall be released from liability for any failure to fulfill their obligations, in whole or in part, if such failure is due to force majeure circumstances, such as war or military action, earthquake, flood, fire, or other natural disasters that arise beyond the control of the Seller and/or Buyer after the conclusion of this Agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.

8. Confidentiality and Protection of Personal Data

8.1 By providing their personal data on the website of the Online Store during registration or placing an order, the Buyer gives the Seller voluntary consent to the processing, use (including transfer) of their personal data, as well as to the performance of other actions stipulated by the Law of Ukraine “On the Protection of Personal Data”, without limiting the validity period of such consent.

8.2 The Seller undertakes not to disclose information received from the Buyer. Providing information to counterparties and third parties acting under an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by current Ukrainian legislation, shall not be considered a violation.

8.3 The Buyer is responsible for keeping their personal information up to date. The Seller is not liable for poor performance or failure to fulfill its obligations due to information about the Buyer being out of date or inconsistent with reality.

9. Other conditions

9.1 This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2 All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a settlement of the dispute cannot be reached through negotiations, the Buyer and/or Seller have the right to seek judicial resolution of the dispute in accordance with the current legislation of Ukraine.

9.3 The Seller has the right to amend this Agreement unilaterally, as provided for in paragraph 5.2.1 of the Agreement. Furthermore, amendments to the Agreement may also be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

SELLER’S ADDRESS AND DETAILS:

Individual Entrepreneur Irina Leonidovna Donetsk

Dnepr, Dobrobatov Street, Building 5, Apartment 46

IBAN: UA193052990000026008050596536 JSC CB PrivatBank

TIN 3114803745

tel. +38096 709 96 31