PUBLIC CONTRACT (OFFER)

ordering, buying, selling, and delivering goods

This agreement constitutes an official and public offer by the Seller to enter into a contract for the sale of the Product presented on the website https://kyivcityroast.com.ua/.

This Agreement is public, i.e. in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivering the goods, returning the goods, liability for an unscrupulous order and all other terms of the Agreement. The Agreement is considered concluded from the moment of clicking the “Confirm Order” button on the order page in the “Cart” Section and the Buyer receiving an order confirmation from the Seller in electronic form.

1. Definition of Terms

1.1. Public Offer (hereinafter referred to as the “Offer”) —a public proposal by the Seller, addressed to an indefinite group of persons, to enter into a contract with the Seller for the remote sale of goods (hereinafter referred to as the “Agreement”) on the terms set forth in this Offer.

1.2. Goods or Services — the subject matter of the agreement between the parties, which the Buyer has selected on the online store’s website and added to the shopping cart, or which the Buyer has already purchased from the Seller remotely.

1.3. Online Store — the Seller’s website at https://kyivcityroast.com.ua/, created for the purpose of concluding retail and wholesale sales contracts based on the Buyer’s review of the Seller’s description of the Goods via the Internet.

1.4. Buyer — a legally competent individual who is at least 18 years of age, receives information from the Seller, places an order to purchase goods presented on the onlinefor purposes not related to the conduct of business activities, or a legal entity or an individual entrepreneur.

1.5. Seller — INDIVIDUAL ENTREPRENEUR ANTON SERGEYOVICH SABELNIKOV, established and operating in accordance with the current legislation of Ukraine, is responsible for the sale of Goods and the administration of the online store.

1.6. Authorized Payment Recipient — INDIVIDUAL ENTREPRENEUR VITA ANATOLIYIVNA MALYSHENKO, who, by agreement with the Seller, is authorized to accept non-cash payments from Buyers via bank details in cases where the Buyer selects the corresponding payment method.

2. Subject Matter of the Agreement

2.1. The Seller agrees to transfer ownership of the Goods to the Buyer, and the Buyer agrees to pay for and accept the Goods in accordance with the terms of this Agreement.

2.2. The date of execution of the Offer Agreement (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Agreement shall be deemed to be the date on which the Buyer completes the order form located on the online store’s website, provided that the Buyer receives an electronic order confirmation from the Seller. If necessary, at the Buyer’s request, the Contract may be executed in writing.

3. Placing an Order

3.1. The customer places an order in the online store on their own using the “Shopping Cart” form, or by placing an order via email or by calling the phone number listed in the online store’s “Contact Us” section.

3.2. The Seller has the right to refuse to deliver the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts as to its validity.

3.3. When placing an order on the online store’s website, the Buyer agrees to provide the following required information necessary for the Seller to fulfill the order:

Buyer’s last name and first name;
the address to which the Goods are to be delivered (if delivery is to the Buyer’s address);
contact phone number;
identification code (for a legal entity or an individual entrepreneur).

3.4. The name, quantity, item number, and price of the Product selected by the Buyer are listed in the Buyer’s shopping cart on the online store’s website.

3.5. If either Party to the contract 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 representative (Section 3.1 of this Offer), the Buyer agrees to provide the information specified in Section 3.3 of this Offer.

3.7. The Buyer accepts the terms of this Offer by entering the relevant information into the registration form on the online store’s website or when placing an Order through a customer service representative. After placing an Order through a customer service representative, the Buyer’s information 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 entering into this Agreement—that is, by accepting the terms of this offer (the proposed terms for the purchase of the Goods)—through the submission of an Order, the Buyer confirms the following:

a) The Buyer is fully and completely familiar with and agrees with the terms of this offer;

b) The Buyer grants consent to the collection, processing, and transfer of personal data; such consent to the processing of personal data remains in effect for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into this Agreement, the Buyer confirms that he has been informed (without the need for additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data,” the purposes of data collection, and that their personal data is transferred to the Seller and the Authorized Payment Recipient for the purpose of fulfilling the terms of this Agreement, facilitating mutual settlements, and receiving invoices, statements, and other documents. The Buyer also agrees that the Seller has the right to grant access to and transfer the Buyer’s personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer’s order. The Buyer is aware of and understands the scope of his rights as a data subject under the Law of Ukraine “On the Protection of Personal Data.”

4. Price and Shipping of the Product

4.1. Prices for Goods and Services are set by the Seller at its discretion and are listed on the online store’s website. All prices for Goods and Services listed on the website are in hryvnias.

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 a Good for which the Buyer has paid in full may not be changed unilaterally by the Seller.

4.3. The price of the Product listed on the online store’s website does not include the cost of shipping the Product to the Buyer. The Buyer pays the shipping cost directly to the delivery service (carrier) of their choice, in accordance with the current rates of the delivery services (carriers).

4.4. The Seller may provide an estimated shipping cost for the Product to the Buyer’s address when the Buyer submits a corresponding request to the Seller via email or when placing an order through the online store’s operator.

4.5. The Buyer’s obligation to pay for the Goods is deemed fulfilled upon receipt of the funds in the Seller’s bank account or in the bank account of the Authorized Payment Recipient (V. A. Malyshenko, Sole Proprietor) if payment is made using the relevant bank details.

4.6. Payments between the Parties for the Goods shall be made using the methods specified on the online store’s website in the “Payment and Shipping” section.

4.7. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify that the goods comply with the specified quality and quantity requirements (product name, quantity, completeness, expiration date).

4.8. Upon receipt of the Goods, the Buyer or the Buyer’s representative shall confirm by signing the sales receipt, order, or shipping invoice that there are no complaints regarding the quantity, appearance, or completeness of the Goods.

4.9. Title to the Goods and the risk of accidental loss or damage to the Goods shall pass to the Buyer or its Representative upon the Buyer’s receipt of the Goods at the place of delivery when the Goods are delivered directly by the Seller, or upon the Seller’s transfer of the Goods to the delivery service (carrier) selected by the Buyer.

5. Rights and Obligations of the Parties

5.1. The seller is required to:

5.1.1. To deliver 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 private information about the Buyer or provide access to such information to third parties, except as required by law and when fulfilling the Buyer’s Order.

5.2. The seller has the right to:

5.2.1. To unilaterally amend the terms of this Agreement, as well as the prices of Goods and services, by posting them on the online store’s website. All amendments take effect upon publication.

5.3. The buyer agrees to:

5.3.1. Before entering into the Agreement, please review the content of the Agreement, its terms and conditions, and the prices offered by the Seller on the online store’s website.

5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary information that uniquely identifies the Buyer and is sufficient to deliver the ordered Goods to the Buyer.

6. Returning Merchandise

6.1. The buyer has the right to return non-food goods of satisfactory quality to the seller if the goods do not meet the buyer’s expectations in terms of shape, dimensions, style, color, or size, or if, for other reasons, the buyer cannot use them for their intended purpose. The buyer has the right to return goods of acceptable quality within 14 (fourteen) days, not including the day of purchase. A return of goods of acceptable quality is permitted only if the goods have not been used and if their marketable appearance, consumer properties, packaging, seals, and labels have been preserved, along with the receipt issued to the Buyer for payment of the goods. The list of goods that are not subject to return on the grounds provided for in this paragraph is approved by the Cabinet of Ministers of Ukraine.

6.2. A refund of the cost of goods of acceptable quality to the Buyer shall be made within 30 (thirty) calendar days from the date the Seller receives such Goods, provided that the requirements set forth in Section 6.1 of the Agreement and applicable Ukrainian law are met.

6.3. The cost of the goods shall be refunded via bank transfer to the Buyer’s account from the Seller’s account or the Authorized Payment Recipient’s account (depending on whose account the Buyer used to pay for the goods).

6.4. The return of Goods of acceptable quality to the Seller’s address shall be at the Seller’s expense.

6.5. If defects in the Goods are discovered during the established warranty period, the Buyer personally, in accordance with the procedures and within the time limits established by Ukrainian law, has the right to make claims against the Seller as provided for by the Law of Ukraine “On the Protection of Consumer Rights.” When making claims for the free repair of defects, the period for their repair shall be calculated from the date the Seller receives the Goods into its possession and gains physical access to such Goods.

6.6. The Seller will review claims under the Law of Ukraine “On Consumer Protection” provided that the Buyer submits the documents required by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer’s violation of the rules for use or storage of the Goods, the actions of third parties, or force majeure.

6.7. The Buyer may not refuse to accept goods of satisfactory quality that have individually specified characteristics if such goods can be used exclusively by the Buyer who purchased them (including, at the Buyer’s request, non-standard sizes, specifications, appearance, configuration, and so on). Evidence that the product has individually specified characteristics is the difference in the product’s dimensions and other specifications listed in the online store.

6.8. Returns of goods, in cases provided for by law and this Agreement, shall be made to the address listed on the website under the “Contacts” section.

7. Liability

7.1. The Seller shall not be liable for any damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Product purchased from the Seller.

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

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the applicable laws of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be exempt from liability for the total or partial failure to perform their obligations if such failure results from force majeure circumstances, such as: war or military operations, an earthquake, floods, fires, and other natural disasters that occurred beyond the control of the Seller and/or the Buyer after the conclusion of this Agreement. The Party unable to fulfill its obligations shall immediately notify the other Party thereof.

8. Confidentiality and Protection of Personal Data

8.1. By providing your personal data on the online store’s website during registration or when placing an Order, the Buyer voluntarily grants the Seller and the Authorized Payment Recipient consent to process, use (including transfer), and perform other actions provided for by the Law of Ukraine “On the Protection of Personal Data,” without any time limit on the validity of such consent.

8.2. The Seller and the Authorized Payment Recipient agree not to disclose any information received from the Buyer. The disclosure of information to counterparties and third parties acting under a contract with the Seller—including for the purpose of fulfilling obligations to the Buyer—shall not be considered a breach, nor shall such disclosure be considered a breach in cases where it is required by the applicable laws of Ukraine.

8.3. The Buyer is responsible for keeping their personal information up to date. The Seller shall not be liable for any failure to perform or improper performance of its obligations due to the Buyer’s information being out of date or inaccurate.

9. Other Terms and Conditions

9.1. This Agreement is entered into on the territory of Ukraine and is governed by the applicable laws of Ukraine.

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

9.3. The Seller has the right to unilaterally amend this Agreement in accordance with Section 5.2.1 of the Agreement. In addition, amendments to the Agreement may also be made by mutual agreement of the Parties in accordance with the procedures provided for by the applicable laws of Ukraine.

Address and Contact Information

Seller:
Anton Serhiyovych Sabelnikov, Sole Proprietor

Authorized payee with the following details:
Individual Entrepreneur Vita Anatoliivna Malyshenko
Registered address: Ukraine, 16400, Chernihiv Oblast, Nizhyn Raion, town of Borzna, 67 Bilozerska Street
Bank name: JSC CB “PRIVATBANK”
Recipient’s account: UA493052990000026001035038113
Recipient’s code (RNOKPP): 3665602846

Email: kyivcityroast@gmail.com

Phone numbers for inquiries:

Online Store Hours: Mon–Fri from 9:00 a.m. to 5:00 p.m.