Public offer agreement

Under this Agreement the Seller, on the one hand, and any person who has accepted the terms of this public offer Agreement — the Buyer, on the other hand, hereinafter jointly referred to as the Parties, have concluded this Public agreement for the sale and purchase of goods (hereinafter — the «Agreement» or the «Public agreement»), addressed to an unlimited number of persons, which constitutes the official public offer of the Seller to conclude with Buyers a contract for the sale and purchase of the Goods whose photographs are posted on the website: mpb.kh.ua (hereinafter — the «Website», the «Online store», respectively).
The Seller, who sells the Goods through the Online store, and the Buyers, when purchasing the Goods whose images are posted on the relevant pages of the Online store, accept the terms of this Agreement as set out below.

1. General provisions
1.1. The contractual relations between the Seller and the Buyer are formalised in the form of a public offer Agreement. A duly completed request placed through the Online store for the purchase of the Goods selected by the Buyer means that the Buyer has accepted the terms of the public offer Agreement.
1.2. The public offer Agreement is public, i.e. in accordance with Articles 633, 641 of the Civil Code of Ukraine its terms are the same for all Buyers regardless of their status (natural person, legal entity, individual entrepreneur). By fully agreeing to the Agreement, the Buyer accepts the terms and procedure for placing an order, payment and delivery of the goods by the Seller, as well as liability for a bad-faith Order and for failure to comply with the terms of this Agreement.
1.3. The Agreement enters into force from the moment the «Buy» button is clicked, by which the Buyer gives consent to purchase the Goods available from the Seller.
1.4. The conclusion of this public Agreement (the Buyer’s acceptance of the Seller’s offer) is deemed to be the unconditional and full acceptance by the Buyer of all terms of this public Agreement without exception, including the material terms, as well as the entry into the corresponding contractual legal relations with the Seller.

2. Terms and definitions
2.1. Except where the context requires otherwise, the capitalised terms used in this Agreement have the following meanings:
«ACCEPTANCE» means the Buyer giving full and unconditional consent to the Seller’s offer to purchase the Goods whose image is posted on the Website, by adding them to the virtual cart and submitting an Order;
«OWNER OF THE ONLINE STORE» means Individual Entrepreneur Dyl Serhii Viktorovych, EDRPOU code 2489200834;
«PUBLIC OFFER AGREEMENT» means the public agreement, a sample of which is posted on the website of the «Online store», the application of which is mandatory for the Seller, containing the Seller’s offer to purchase the Goods whose image is posted on the website of the «Online store», addressed to an indefinite number of persons, including Buyers;
«ORDER» or «ORDER OF GOODS» means the Buyer’s duly completed request for the purchase of the Goods, placed on the Website of the «Online store» and addressed to the Seller;
«ONLINE STORE» means the list of interlinked pages on the Internet at the address https://mpb.kh.ua, created to present and sell the Goods by means of an electronic transaction;
«SELLER» means Individual Entrepreneur Dyl Serhii Viktorovych, EDRPOU code 2489200834;
«BUYER» means any legally capable person who, in the manner provided for by this Agreement, of their own free will has fully accepted all of its terms without exception and has purchased the goods and/or services offered for sale and/or made available for sale by means of distance communication in the Online store;
«GOODS» means the goods offered for sale and/or made available for sale by means of distance communication in the Online store;
«BUSINESS DAY» — any day except weekends and any public and non-working days established by the current legislation of Ukraine;
«IMMEDIATELY» means within one business day;
2.2. All other terms not separately defined in this Agreement are understood and interpreted in their literal grammatical meaning based on the provisions of the current legislation of Ukraine, business customs, as well as the purpose and subject matter of this Agreement.

3. Subject matter of the agreement
3.1. In the manner and on the terms established by this Agreement, the Seller undertakes to transfer into the Buyer’s ownership the Goods selected by the latter in accordance with the Order, and the Buyer undertakes to accept and pay for the Goods in the manner and on the terms established by this Agreement.
3.2. The title to the Goods passes to the Buyer at the moment of handing over (transfer) of the Goods and provided that the Buyer has paid the full price of the Goods in the manner and on the terms established by this Agreement.
3.3. The Buyer is obliged to review the terms of this Agreement on their own, and the Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement other than by publishing it on the Website.
3.4. The Owner of the Online store reserves the right to unilaterally amend this Agreement without any special notice to third parties. The new version of the Agreement enters into force from the moment it is posted on the Website of the «Online store», unless otherwise provided by the new version of the Agreement.

4. Order and procedure for concluding the agreement
4.1. The User/Buyer shall independently place an Order for any goods available for Ordering on the Website of the Online store.
4.2. If the Ordered goods are not available, the Seller is obliged to notify the Buyer of such information using the means of communication provided by the Buyer during registration on the Website of the Online store.
4.3. Rights and obligations of the parties
The Buyer is obliged:
4.3.1. to provide the Seller with complete and accurate information regarding their data;
4.3.2. to review the information about the Goods, as well as the cost and methods of delivery of the Goods on the Website;
4.3.3. in the manner and on the terms established by this Agreement, to pay for and accept the ordered Goods;
4.3.4. upon receipt of the Goods, to make sure of the integrity and completeness of the Goods by inspecting the contents of the package;
4.3.5. within the period provided for by the current legislation of Ukraine and, in particular, by the Law of Ukraine «On Protection of Consumer Rights» for the return of the Goods, to keep the relevant settlement document (payment receipt, delivery note) confirming the sale of the Goods;
4.3.6. to fulfil other obligations provided for by this Agreement and the current legislation of Ukraine.
4.4. The Buyer has the right
4.4.1. to require the Seller to comply with the terms of this Agreement;
4.4.2. to refuse to accept and pay for Goods of poor quality or incomplete Goods, or Goods that do not correspond to the Order submitted for such Goods;
4.4.3. to exercise other rights provided for by this Agreement and the current legislation of Ukraine.
4.5. The Seller is obliged
4.5.1. to provide the Buyer with complete and accurate information about the Goods, as well as their price, by posting this information on the Website;
4.5.2. on the terms established by the Agreement, to transfer the Goods to the Buyer in accordance with the sample selected on the relevant page of the Website, the placed Order and the terms of the Agreement;
4.5.3. to check the quality and quantity characteristics of the Goods during their packing at the warehouse.
4.6. The Seller has the right
4.6.1. to require the Buyer to fulfil the obligations imposed on them under the terms of this Agreement;
4.6.2. to unilaterally suspend the performance of an obligation under this Agreement in the event of the Buyer’s breach of the terms of this Agreement, as well as to amend or terminate this Agreement. Such amendment or suspension of this Agreement does not apply to orders placed before such changes that have been accepted for fulfilment.
4.7. Price of the agreement. Payment procedure
4.7.1. The price of the Goods is indicated on the Website in the national currency of Ukraine (hryvnia) per unit of Goods according to the established price list. The price of the Agreement is determined by adding up the prices of all selected Goods placed in the virtual cart and the delivery price, which is determined depending on the delivery method in accordance with the terms of the Agreement.
4.7.2. The Seller reserves the right to change the price of the Goods before the Order is placed without notifying the Buyer.
4.7.3. Payment for the ordered Goods is made in accordance with the terms specified on the Website in the «Payment and delivery» section.
4.7.4. Settlements between the Parties under the terms of this Agreement are made in the national currency of Ukraine by one of the following methods:
4.7.4.1. by non-cash payment on the Website of the Seller’s Online store, by credit card (VISA, VISA ELECTRON, MASTERCARD, MASTERCARD ELECTRON, MAESTRO);
4.7.4.2. by the Buyer transferring the relevant amount of money to the Seller’s current account in accordance with the bank details specified in the invoice for payment of the relevant Goods provided/sent to the Buyer by the Seller;
4.7.4.3. in cash to the Seller’s Authorised person or to a representative of the courier service upon receipt of the Goods
4.7.5. The Buyer’s failure to fulfil their obligations to pay for the Goods ordered by them is deemed to be the Buyer’s unilateral withdrawal from this Agreement in full, which accordingly results in the full termination of all obligations of the Seller arising from the Buyer’s acceptance of the Seller’s offer to conclude this Agreement.
4.7.6. Note. When the Buyer pays for an order by payment card, an additional commission may be charged by the issuer of that card, in particular, when the Buyer pays for an order by payment card, an additional commission may be charged when the Buyer pays for European orders by the issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. Clicking the “ORDER” button in the relevant section on the page of the Website https://mpb.kh.ua means that the Seller has informed the Buyer about the possibility of an additional commission being charged when the Buyer pays for European orders by the issuer of a Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card.

5. Delivery of goods
5.1. Delivery of the ordered Goods is carried out in accordance with the terms specified on the Website in the «Delivery» section.
5.2. Delivery of the Goods is carried out in the following ways:
5.2.1. by an authorised representative of the Seller;
5.2.2. by a courier service at the Buyer’s expense.
5.3. In the case of delivery of the Goods by a courier service, the courier service is responsible for the safekeeping of the Goods until the moment of their transfer to the Buyer.
5.4. In the case of delivery of the Goods by the Seller, the Seller is responsible for the safekeeping of the Goods until the moment of their transfer to the Buyer.
5.5. If the Buyer is absent at the delivery address specified by the Buyer in the request, or if the Buyer refuses to receive the Goods for unjustified reasons upon delivery, the Goods are returned to the Seller. Payment for delivery services, in the case the Seller engages a courier service, is paid by the Buyer.

6. Return and exchange of goods
6.1. The Buyer has the right, within the period established by the current legislation of Ukraine, to return Goods of proper quality if the Goods did not satisfy them in terms of shape, dimensions, style, colour, size or cannot be used by them for their intended purpose for other reasons. The return of Goods of proper quality is possible within the periods provided for by the legislation of Ukraine, if the goods have not been used, have retained their marketable appearance, consumer properties, seals and labels, and are accompanied by the documents issued together with the Goods at the time of purchase.
6.2. The return of the Goods, as well as the refund of funds, is carried out in accordance with the procedure and periods determined by the current legislation of Ukraine, this Agreement, and the information on the procedure for returning goods specified on the Website of the Seller’s Online store.
6.3. The list of goods of proper quality that are not subject to return is approved by Resolution of the Cabinet of Ministers of Ukraine «On the Implementation of Certain Provisions of the Law of Ukraine «On Protection of Consumer Rights» of 19 March 1994 No. 172.
6.4. If, at the time the Buyer applies to the Seller with a request to exchange Goods of proper quality for other similar Goods, the Goods required by the Buyer for the exchange are not available for sale in the Online store, the Buyer has the right:
6.4.1. to terminate this Agreement in the manner established by this Agreement;
6.5. if material defects are discovered that arose through the fault of the manufacturer of the Goods, or in the case of falsification of the Goods, confirmed, where necessary, by an expert opinion, the Buyer has the right, in the manner and within the periods established by law, to demand from the Seller, at their choice:
6.5.1. termination of the agreement and refund of the amount paid for the Goods;
6.5.2. replacement of the Goods with the same goods or with similar goods from among those available from the seller
6.6. The Seller refunds to the Buyer the cost of the returned Goods no later than 12 (twelve) banking days from the day the Seller receives the Buyer’s written application with all accompanying documents for the returned Goods, provided that complete and correct data have been filled in. The refund period for problematic (disputed) returns (non-compliance with what was ordered on the Website, damage, improper quality, etc.) may differ from the one indicated above (by the period required for the Seller to establish the causes of the damage, confirm the non-compliance, etc.).

7. Liability of the parties
7.1. For non-performance or improper performance of the obligations under this Agreement, the Parties are liable in accordance with this Agreement and the current legislation of Ukraine.
7.2. Any complaint or claim of the Buyer must be made in writing. The Seller will take all necessary measures to satisfy the Buyer’s complaint/claim if such complaint/claim is justified and submitted in accordance with the current legislation of Ukraine.
7.3. All disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, shall be resolved in the relevant court in accordance with the substantive and procedural law of Ukraine, subject to the rules on jurisdiction and venue.

8. Force majeure
8.1. The Parties are released from liability for untimely or improper performance of their obligations if such non-performance is the result of circumstances of an extraordinary nature, the occurrence of which is not related to the will of the Parties, such as military actions, strikes, unrest, accidents, natural disasters, changes in the legislation of Ukraine, as well as other circumstances of an extraordinary nature that arose after the conclusion of this Agreement and directly affect the performance of the terms of this Agreement, and which the Parties could neither foresee nor prevent.
8.2. The Party for which the performance of obligations has become impossible due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above circumstances within 5 business days from the day of their occurrence.

9. Final provisions
9.1. The withdrawal or amendment of the terms of the offer to conclude this public Agreement, as well as the amendment of the terms of the Agreement, may be carried out by the Seller at any time without additional notice to the Buyer.
9.2. All legal relations arising out of or connected with this Agreement, including those related to the validity, conclusion, performance, amendment and termination of this Agreement, the interpretation of its terms, the determination of the consequences of invalidity or breach of the Agreement, are governed by this Agreement and the relevant provisions of the legislation in force in Ukraine, as well as by business customs applicable to such legal relations on the basis of the principles of good faith, reasonableness and fairness.
9.3. This Agreement has been drawn up with the Parties’ full understanding of its terms and terminology in the Ukrainian language.
9.4. This agreement enters into force from the day of placing an order/registration in the online store https://mpb.kh.ua and is valid until all terms of the agreement are fulfilled.