Public Offer Agreement
Under this Agreement, one party – the Seller on one side, and any person who has accepted the terms of this Public Offer Agreement – the Buyer, on the other side, hereinafter collectively referred to as the Parties, have concluded this Public Offer Agreement (hereinafter – the Agreement), addressed to an unlimited number of persons, and constituting the official public offer of the Seller to conclude a contract of sale with Buyers for the Goods, photographs of which are posted in the relevant section of the Website accetto.com.ua.
Sellers intending to sell Goods through the Website accetto.com.ua and Buyers purchasing Goods, images of which are posted on the relevant pages of accetto.com.ua, accept the terms of this Agreement as set out below.
1. GENERAL PROVISIONS
1.1. Contractual relations between the Seller and the Buyer are formalized in the form of a Public Offer Agreement. Clicking the “PLACE ORDER” button on the relevant section of the Website accetto.com.ua means that the Buyer, regardless of their status (individual, legal entity, sole proprietor), in accordance with current international and Ukrainian law, has agreed to the terms of the Public Offer Agreement stated below.
1.2. The Public Offer Agreement is public, meaning that according to Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of status (individual, legal entity, sole proprietor). By fully agreeing to this Agreement, the Buyer accepts the terms and conditions for placing orders, payment, and delivery of the Goods by the Seller, as well as responsibility for fraudulent Orders and for failing to comply with the terms of this Agreement.
1.3. This Agreement enters into force at the moment the “PLACE ORDER” button is clicked, whereby the Buyer gives consent to purchase the Goods available from the Seller and remains valid until the Buyer receives the Goods from the Seller and completes full payment.
1.4. For the regulation of contractual relations under this Agreement, the Parties choose and, if necessary, apply Ukrainian law. If an international treaty ratified by the Verkhovna Rada of Ukraine establishes rules different from those provided by Ukrainian law, the rules of the international treaty shall apply.
2. TERMS AND DEFINITIONS
“Public Offer Agreement” – a public contract, a sample of which is posted on the Website accetto.com.ua, and its application is mandatory for all Sellers, containing the Seller’s offer to purchase Goods, the image of which is posted on the Website accetto.com.ua, addressed to an indefinite number of persons, including Buyers.
“Acceptance” – the Buyer’s acceptance of the Seller’s offer to purchase Goods, the image of which is posted on the Website accetto.com.ua, by adding it to the virtual cart and submitting an Order.
“Goods” – items of trade (product, model, accessory, components, and related items, or any other goods), which the Seller offers for sale on the Website accetto.com.ua.
“Buyer” – any legally capable individual, legal entity, or sole proprietor, in accordance with current international and Ukrainian law, who visits the Website accetto.com.ua and intends to purchase certain Goods.
“Seller” – any legally capable individual, legal entity, or sole proprietor, in accordance with current international and Ukrainian law, who owns or distributes the Goods and intends to sell them via the Website accetto.com.ua.
“Order” – a properly completed and placed request by the Buyer on the Website accetto.com.ua to purchase Goods, addressed to the Seller.
“Legislation” – the norms established by Ukrainian or international law for regulating contractual relations under the Agreement.
“Significant Defect of Goods” – a defect that makes the use of the Goods impossible or unacceptable in accordance with its intended purpose, which arose due to the fault of the manufacturer (Seller) and reappears after its elimination for reasons beyond the consumer's control.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes, under the terms and conditions defined by this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Website accetto.com.ua, and the Buyer undertakes, under the terms and conditions defined by this Agreement, to purchase the Goods and pay for them.
3.2. The Seller guarantees that the Goods are not pledged, are not the subject of dispute, are not under arrest, and that no third-party rights exist on them.
3.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or sham transaction, nor a transaction concluded under pressure or deception.
3.4. The Seller confirms that they have all necessary permits for conducting business activities regulating the scope of legal relations arising and existing during the performance of this Agreement, and also guarantees that they have the right to manufacture and/or sell the Goods without any restrictions, in accordance with the requirements of current Ukrainian legislation, and undertakes to be liable in the event of violation of the Buyer’s rights during the performance of this Agreement and sale of the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller shall:
• fulfill the terms of this Agreement;
• process Buyer’s orders upon receipt of payment from the Buyer;
• deliver the Goods to the Buyer according to the selected sample on the relevant page of the Website accetto.com.ua, the placed order, and the terms of this Agreement;
• check the quality and quantity characteristics of the Goods during its packaging at the warehouse.
4.2. The Seller has the right to:
• unilaterally suspend the provision of services under this Agreement if the Buyer violates its terms.
4.3. The Seller:
SOLE PROPRIETOR SHEPKIN MAKSYM VOLODYMYROVYCH:
JSC CB "PRIVATBANK" UA233515330000026002052154404, MFO 351533
61010, Kharkiv region, city of Kharkiv, Maksymilianivska street, building 12, apartment 2, TIN 3325915752, Single Taxpayer – group 2
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer shall:
• pay for and receive the order on time under the terms of this Agreement;
• familiarize themselves with the information about the Goods posted on the Website http:/ accetto.com.ua/;
• upon receiving the Goods from the delivery person, check the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete set of the Goods – record this in a report, which must be signed both by the Buyer and the person who delivered the Goods to the Buyer.
5.2. The Buyer has the right to:
• place an order on the relevant page of the Website accetto.com.ua;
require the Seller to fulfill the terms of this Agreement;
6. ORDER PLACEMENT PROCEDURE
6.1. The Buyer places an order independently on the relevant page of the Website accetto.com.ua by adding Goods to the virtual cart using the “Add to Cart!” button, or by placing an order via email, or by phone number specified in the Contacts section of the Website accetto.com.ua.
6.2. The order processing time is up to 2 business days from the moment it is placed. If the order is placed on a weekend or holiday, the processing time starts from the first business day after the weekend.
7. PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE
7.1. The price of each individual Good is determined by the Seller and indicated on the corresponding page of the Website accetto.com.ua. The total price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual cart and the delivery cost, which is determined depending on the delivery method in accordance with the conditions of section 8 of this Agreement.
7.2. The total cost of the Order may change depending on the price, quantity, or assortment of the Goods.
7.3. The Buyer may pay for the order using the following methods:
1. by bank transfer to the current account of the Seller specified in the invoice, including via Internet banking (the Buyer pays for the order within three days from the date of receiving the invoice in the amount of 100% prepayment);
2. cash on delivery upon receipt of the Order at the office of the delivery service in Ukraine or another country, depending on the place of order fulfillment;
3. any other method agreed upon with the Seller.
8. TERMS OF GOODS DELIVERY
8.1. The Buyer receives the Goods via delivery service or picks them up in person. The payment and receipt procedure is specified on the relevant page of the Website accetto.com.ua.
8.2. When delivering Goods to other cities of Ukraine or to another country, performed by other delivery services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Freight Transportation Rules of these Carrier Companies.
8.3. The Buyer confirms the fact of receiving the Goods and the absence of claims regarding the quality of the Goods delivered by the Carrier Companies by signing the consignment note, the Carrier Company’s declaration, or the delivery note upon receipt of the Goods. In turn, the Seller guarantees the shipment of the Goods to the Carrier Company in the quantity specified and paid for by the Buyer, in completeness according to the specification of these Goods, and in proper (working) condition and quality.
8.4. In the event of the Buyer's absence at the delivery address specified by the Buyer in the application, or refusal by the Buyer to accept the Goods without valid reasons, when delivered by the Carrier Company’s Courier, the Goods are returned to the shipping center. The payment for the Carrier Company’s services is deducted from the amount paid by the Buyer for the Goods. The remaining amount is refunded to the Buyer based on their written request sent to e-mail: info@ddpai.com with the bank account details where the funds should be returned.
Any questions arising during the payment and receipt of the Goods can be clarified by the Buyer using the contact details in the Contacts section.
9. TERMS OF GOODS RETURN
9.1. In accordance with Article 9 of the Law of Ukraine “On Consumer Protection,” the Buyer has the right to exchange Goods of proper quality within fourteen days, excluding the day of purchase, unless a longer period is declared by the Seller. The Buyer has the right to exchange Goods in accordance with the provisions of the law on the grounds and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Goods, such return shall be carried out in accordance with the “Return” section of the Website, taking into account the rules and conditions of the carrier or courier operating in Ukraine or in another country depending on the place where the Goods were received.
9.3. If at least one of the listed defects is present, the Buyer must document it in a report of arbitrary form. The report must be signed by the Buyer and the person who delivered the Goods or by the Seller. If possible, defects should be documented by photo or video recording. Within 1 (one) day, the Buyer must inform the manager (the Seller’s representative responsible for processing the order for the Goods) about the identified defects and agree on a replacement of the Goods, while filling out a claim form for the return of the Goods on the website accetto.com.ua.
9.4. The Parties have agreed that if the mandatory requirements of the specified procedure are not followed, the Goods shall be deemed to have been received by the Buyer in proper condition – without any mechanical damage and in full completeness.
10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The Parties shall be liable for failure to perform or improper performance of the terms of this Agreement in the manner provided by this Agreement and current international and Ukrainian legislation.
10.2. In case of disputes related to the fulfillment of this Agreement by the Parties, except for disputes regarding the collection of debts from the Buyer, the Parties agree to resolve them through negotiations while observing the pre-trial claim procedure. The period for reviewing a claim is 7 (seven) calendar days from the date of its receipt. For disputes related to the collection of debts from the Buyer, compliance with the pre-trial claim procedure is not required.
10.3. All disputes, disagreements, or claims arising out of or in connection with this Agreement, including those regarding its performance, breach, termination, or invalidity, shall be resolved in the competent court in accordance with international and Ukrainian substantive and procedural law.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be liable for failure to fulfill any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure circumstances, i.e., events or circumstances that are genuinely beyond the control of the Party, occurred after the conclusion of this Agreement, and have an unpredictable and unavoidable nature.
Force majeure circumstances include, but are not limited to, natural disasters, strikes, fires, floods, explosions, ice storms, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including distribution, priorities, official requirements, quotas, and price control), if these circumstances directly affect the performance of this Agreement.
11.2. The Party for whom it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of the force majeure circumstances. Such confirmation shall be a certificate or other relevant document issued by an authorized state body located at the place where the force majeure circumstances occurred.
11.3. The time required by the Parties to fulfill their obligations under this Agreement shall be extended for any period during which performance was delayed due to the circumstances listed above.
11.4. If, due to force majeure circumstances, non-performance of obligations under this Agreement continues for more than three months, each Party has the right to terminate this Agreement unilaterally by giving written notice to the other Party.
Despite the occurrence of force majeure, before terminating this Agreement due to force majeure circumstances, the Parties shall make final settlements.
12. OTHER TERMS OF THE AGREEMENT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling their Order (sending a message to the Seller about the order of Goods, sending promotional messages, etc.).
12.2. By accepting this Agreement or registering on the Website accetto.com.ua (filling out the registration form), the Buyer voluntarily consents to the collection and processing of their personal data for the following purpose: the data that becomes known will be used for commercial purposes, including order processing for purchasing goods, receiving information about the order, sending promotional and special offers via telecommunication means (e-mail, mobile communication), information about promotions, draws, or any other information about the activities of the Website accetto.com.ua.
For the purposes specified in this paragraph, letters, messages, and materials may be sent to the Buyer's postal address and e-mail, as well as SMS messages and phone calls to the phone number specified in the form.
12.3. The Buyer grants the right to process their personal data, including: placing personal data in databases (without additional notification about this), performing lifetime storage of data, their accumulation, updating, modification (as necessary). The Seller undertakes to ensure data protection against unauthorized access by third parties, not to distribute or transfer the data to any third party (except for transferring data to affiliated persons, business partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, as well as upon the mandatory request of a competent state authority).
12.4. If the Buyer does not wish to receive mailings, they have the right to contact the Seller by writing a statement to refuse receiving promotional materials, sending it to the postal or e-mail 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.
