Public Offer Agreement
This agreement is an official and public offer by the Seller to conclude a contract of sale of the Goods presented on the website https://www.zip.ua/. This agreement is public, meaning that 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 granting preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and conditions for placing an order, payment for the Goods, delivery of the Goods, return of the Goods, liability for dishonest ordering, and all other terms of the agreement. The agreement is considered concluded from the moment the “Confirm Order” button is clicked on the order placement page in the “Cart” Section and the Buyer receives order confirmation from the Seller in the manner provided by the agreement.
1. Definition of Terms
1.1. Public Offer (hereinafter – the “Offer”) – a public proposal of the Seller, addressed to an indefinite number of persons, to enter into a contract of sale of Goods remotely with the Seller (hereinafter – the “Agreement”) on the terms contained in this Offer.
1.2. Goods or Service – the object of the parties’ agreement, which was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.3. Online Store – the Seller’s website at: https://www.zip.ua/, created for concluding retail and wholesale sales contracts based on the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.
1.4. Buyer – a legally capable individual who has reached the age of 18, receives information from the Seller, places orders for the purchase of Goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
1.5. Seller – Limited Liability Company Industrial Enterprise “ZIP” (EDRPOU: 21875464), a legal entity established and operating in accordance with the current legislation of Ukraine, whose location is: 51901, Dnipropetrovsk region, Kamianske city, Shyroka street, 107-A.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on 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 is considered to be the date the Buyer fills out the order form located on the Online Store website, provided the Buyer receives order confirmation from the Seller. If necessary, at the request of the Buyer, the Agreement may be executed in writing.
3. Order Placement
3.1. The Buyer independently places an order in the Online Store through the “Cart” form, or by placing an order via email or by the phone number indicated 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 specified by the Buyer when placing the order is incomplete or raises suspicion regarding its validity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. Buyer’s surname, first name;
3.3.2. 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 Goods chosen by the Buyer are indicated in the Buyer’s cart on the Online Store website.
3.5. If any of the Parties to the agreement needs additional information, they have the right to request it from the other Party. In case the Buyer fails to provide the necessary information, the Seller is not responsible for providing a quality service to the Buyer when purchasing the Goods in the online store.
3.6. When placing an order through the operator or via the Seller’s email address (p. 3.1. of this Offer), the Buyer undertakes to provide the information specified in p. 3.3 – 3.4. of this Offer.
3.7. Acceptance by the Buyer of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the Online Store website or when placing an Order through the operator or by email. After placing an Order through the 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 the Order.
3.9. By concluding the Agreement, i.e., accepting the terms of this proposal (proposed terms of purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer is fully and completely familiar with and agrees to the terms of this proposal (offer);
b) he gives permission for the collection, processing, and transfer of personal data; the permission for the processing of personal data is valid throughout the entire term of the Agreement, as well as for an unlimited term after its expiration. In addition, by concluding the agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine “On Personal Data Protection”, 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 mutual settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access and transfer his personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him.
3.10. Order confirmation is carried out by the Seller’s operator via a phone call or by sending a message to the Buyer’s email address.
3.11. The Goods are shipped by the Seller within 3 (three) calendar days from the date of order confirmation with the Buyer.
3.12. Electronic copies of documents regarding the characteristics and properties of the Goods are sent by the Seller upon request from the Buyer upon order confirmation in a manner agreed upon by the parties.
3.13. Exchange of messages between the Seller and the Buyer is carried out in a way convenient for the Buyer (mobile communication, messenger, email).
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services are indicated on the website in hryvnias including VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a separate unit of Goods, the cost of which has been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The value of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers).
4.4. The Buyer is aware that, regardless of the Seller’s will, carriers, delivery services, financial companies, etc., may establish additional commissions and tariffs for services provided by third parties.
4.5. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller to its account.
4.6. Settlements between the Seller and the Buyer for the Goods are carried out by the methods specified on the Online Store website in the “Payment, Delivery, and Return” section.
4.7. Upon receipt of the Goods, the Buyer must check the conformity of the Goods with the quality and quantity characteristics (name of the Goods, quantity, completeness, shelf life) in the presence of a representative of the delivery service (carrier).
4.8. The Buyer or his representative, when accepting the Goods, confirms with their signature on the sales receipt / or in the order / or in the transport invoice for the delivery of the Goods that they have no complaints about the quantity of the Goods, external appearance, and completeness of the Goods.
4.9. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative from the moment the Goods are received by the Buyer at the place of delivery of the Goods during self-delivery of the Goods from the Seller, or during the transfer of the Goods by the Seller to the delivery service (carrier).
4.10. An electronic receipt is provided to the buyer after the payment for the Goods has been made in a way convenient for the Buyer (SMS message, messenger, Buyer’s email).
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 disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided for by law and during the execution of the Buyer’s Order.
5.2. The Seller has the right to:
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 of their publication.
5.2.2. Provide the Buyer with offers and inform about new Goods and promotions.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store website.
5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that unambiguously identifies him as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
6. Return of Goods
6.1. The Buyer has the right to return non-food Goods of proper quality to the Seller if the Goods did not satisfy him in terms of form, dimensions, style, color, size, or for other reasons cannot be used by him for their intended purpose. The Buyer has the right to return Goods of proper quality within 14 (fourteen) days, not counting the day of purchase. The return of Goods of proper quality is carried out if they have not been used and if their marketable condition, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for the payment of the Goods, are preserved. The list of Goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The return of the cost of Goods of proper quality to the Buyer is carried out within 7 (seven) calendar days from the moment the Seller receives such Goods, provided the requirements stipulated in clause 6.1. of the Agreement and the current legislation of Ukraine are met.
6.3. The cost of the Goods is subject to return by bank transfer to the Buyer’s account.
6.4. The cost of delivery when returning Goods of proper quality to the Seller’s address is borne by the Buyer and is not reimbursed to the Buyer by the Seller.
6.5. In case of detection of defects in the Goods during the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present claims to the Seller as provided by the Law of Ukraine “On Consumer Rights Protection”. When presenting claims for free elimination of defects, the period for their elimination is counted from the date the Seller receives the Goods into its possession and physical access to such Goods.
6.6. Claims provided for by the Law of Ukraine “On Consumer Rights Protection” are considered by the Seller provided the Buyer submits the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer due to the Buyer’s violation of the rules of use or storage of the Goods, actions of third parties, or force majeure.
6.7. The Buyer does not have the right to refuse Goods of proper quality that have individually defined properties if the specified Goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, external appearance, configuration, and other features requested by the Buyer). Confirmation that the Goods have individually defined properties is the difference in the size of the Goods and other characteristics indicated in the online store.
6.8. The return of Goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “Payment, Delivery, and Return” section.
6.9. If the Buyer mistakenly placed an order for the Goods and confirmed it, they must notify the Seller’s operator about this and re-arrange or refuse the order before the Goods are shipped. After the Goods have been shipped by the Seller, refusal of the Goods, their return, and refund are carried out in accordance with clauses 6.1. 6.2. of this Agreement.
7. Claims and Liability
7.1. The Seller is not responsible for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of the Goods purchased from the Seller.
7.2. The Seller is not responsible for improper, untimely execution of Orders and its obligations in the event 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 the Buyer are released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations immediately notifies the other Party about this.
7.5. Claims from the Buyer can be sent to the postal or electronic address of the Seller.
8. Confidentiality and Protection of Personal Data.
8.1. By providing their personal data on the Online Store website during registration or ordering, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for by the Law of Ukraine “On Personal Data Protection”, without limiting the term of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. The provision of information by the Seller to contractors and third parties acting on the basis of an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine, is not considered a violation.
8.3. The Buyer is responsible for maintaining their personal data in an up-to-date state. The Seller is not responsible for poor-quality performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its non-conformity with reality.
9. Other Terms
9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. In case of failure to settle a dispute through negotiations, the Buyer and/or the Seller have the right to apply to the judicial authorities for dispute resolution in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to unilaterally amend this Agreement, as provided for in clause 5.2.1. of the Agreement.
9.4. If you, as the Buyer, do not agree with the terms of this agreement, you should not use the public offer of the Seller on the website https://www.zip.ua/
10. Seller’s Address and Details
LLC IE “ZIP”
Address: 107A Shyroka St., Kamianske, Dnipropetrovsk region, 51901
IBAN: UA873003350000000026009567326
JSC “Raiffeisen Bank”
MFO: 380805
EDRPOU: 21875464
TIN: No. 218754604724
Phone: +380 (569) 53-59-16
Director of LLC IE “ZIP”: Dmytro STESENKO