Public Offer

This agreement is an official and public offer by the Seller to conclude a purchase and sale contract for the Goods presented on the karmel.ua website. This agreement is public, that is, 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, sole proprietor) without granting preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and procedure for placing an order, payment for goods, delivery of goods, return of goods, liability for dishonest ordering, 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 receiving an electronic order confirmation from the Seller.

1. Definition of Terms

1.1. Public offer (hereinafter referred to as the “Offer”) - a public proposal by the Seller addressed to an indefinite circle of persons to conclude a remote purchase and sale agreement with the Seller (hereinafter referred to as the “Agreement”) under the terms contained in this Offer.

1.2. Goods or Service – the subject of the parties' agreement, selected by the buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.3. Online Store – the Seller’s website at www.karmel.ua created to conclude retail and wholesale purchase and sale agreements based on the Buyer’s acquaintance with the Goods description offered by the Seller via the Internet.

1.4. Buyer – a competent individual aged 18 or older, who receives information from the Seller, places an order to purchase goods presented on the Online Store website for purposes not related to entrepreneurial activity, or a legal entity or sole proprietor.

1.5. Seller – Private Enterprise “Karmel” (22779490), a legal entity established and operating according to the current legislation of Ukraine, located at: 31354, Khmelnytsky Region, Khmelnytsky District, Hvardiyske village, Lisova St., 29

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 of the Agreement terms by the Buyer is considered the date of filling out the order form by the Buyer on the Online Store website, provided the Buyer receives electronic order confirmation from the Seller. If necessary, at the Buyer’s request, the Agreement may be executed in written form.

3. Order Placement

3.1. The Buyer independently places an order in the Online Store through the “Cart” form, or by ordering via e-mail or phone number listed in the Online Store’s contact section.

3.2. The Seller has the right to refuse to fulfill the order if the information provided by the Buyer during order placement is incomplete or raises suspicion regarding its authenticity.

3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:

3.3.1. Buyer’s last name and first name;

3.3.2. address for Goods delivery (if delivering to the Buyer’s address);

3.3.3. contact phone number.

3.3.4. Identification code for a legal entity or sole proprietor.

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

3.5. If either Party requires additional information, they have the right to request it from the other Party. If the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in 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 information specified in clauses 3.3 – 3.4 of this Offer.

3.7. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data into the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, Buyer information is entered into the Seller’s database.

3.8. The Buyer is responsible for the accuracy of information provided when placing the Order.

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

a) The Buyer has fully read and agrees with the terms of this offer;

b) He consents to the collection, processing, and transfer of personal data; the consent to process personal data is valid throughout the term of the Agreement and indefinitely after its expiration. Additionally, by concluding the agreement, the Buyer confirms 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 are transferred to the Seller for enabling the execution of this Agreement, accounting procedures, as well as receiving invoices, acts, and other documents. The Buyer also agrees that the Seller may provide access to and transfer his personal data to third parties without any additional Buyer notification to fulfill the Buyer’s order. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine “On Personal Data Protection” is known and clear to him.

4. Price and Delivery of Goods

4.1 Prices for Goods and services are determined independently by the Seller and indicated on the Online Store website. All prices for Goods and services on the site are listed 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 item of Goods fully paid by the Buyer cannot be changed unilaterally by the Seller.

4.3. The cost of Goods indicated on the Online Store website does not include the cost of delivery to the Buyer. The Buyer pays the delivery cost according to the current tariffs of the delivery services (carriers) directly to the selected delivery service (carrier).

4.4. The cost of Goods indicated on the Online Store website does not include the cost of delivering the Goods to the Buyer’s address.

4.5. The Seller may indicate an estimated delivery cost to the Buyer’s address upon the Buyer’s request by sending a letter to the Seller’s e-mail or when placing an order through the online store operator.

4.6. The Buyer’s obligation to pay for the Goods is considered fulfilled from the moment the Seller receives funds into its account.

4.7. Settlements between the Seller and the Buyer for the Goods are made by methods specified on the Online Store website in the “Payment and Delivery” section.

4.8. Upon receipt of the goods, the Buyer must, in the presence of the delivery service (carrier) representative, check the Goods for compliance with quality and quantity characteristics (name of the goods, quantity, completeness, shelf life).

4.9. The Buyer or his representative, upon acceptance of the Goods, confirms by signing the sales receipt/or the order/or the delivery note for the goods that there are no claims regarding the quantity, external appearance, and completeness of the goods.

4.10. Ownership rights and the risk of accidental loss or damage to the Goods pass to the Buyer or his Representative at the moment the Goods are received by the Buyer at the delivery location upon self-pickup from the Seller, or when the Seller hands over the Goods to the delivery service (carrier) selected by the Buyer.

5. Rights and Obligations of the Parties

5.1. The Seller undertakes 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 as provided by law or during the fulfillment 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 upon publication.

5.3 The Buyer undertakes to:

5.3.1 Before concluding the Agreement, familiarize themselves with its content, terms, and prices offered by the Seller on the Online Store website.

5.3.2 To ensure the Seller’s fulfillment of obligations to the Buyer, provide all necessary data uniquely identifying the Buyer and sufficient for delivering the ordered Goods to the Buyer.

6. Return of Goods

6.1. The return of goods under this agreement is carried out under the conditions provided by the current Civil Code of Ukraine.

7. Liability

7.1. The Seller is not liable for damages caused to the Buyer or third parties due to improper installation, use, or storage of Goods purchased from the Seller.

7.2. The Seller is not liable for improper or untimely fulfillment of Orders and obligations in case the Buyer provides inaccurate or incorrect information.

7.3. The Seller and the Buyer are liable for the fulfillment of 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-performance of their obligations if the non-performance is a consequence of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that occurred beyond the will of the Seller and/or the Buyer after concluding this agreement. The Party unable to fulfill its obligations immediately notifies the other Party.

8. Confidentiality and Personal Data Protection

8.1. By providing personal data on the Online Store website during registration or order placement, the Buyer gives voluntary consent to the Seller for processing, using (including transferring) personal data, as well as performing other actions provided by the Law of Ukraine “On Personal Data Protection,” without limitation of the validity period of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a breach if the Seller provides information to counterparties and third parties acting under an agreement with the Seller, including for fulfilling obligations to the Buyer, as well as in cases where disclosure of such information is mandated by the current legislation of Ukraine.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for poor performance or non-performance of its obligations due to outdated information about the Buyer or its inconsistency.

9. Other Conditions

9.1. This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved by negotiation. If the dispute cannot be resolved through negotiations, the Buyer and/or the Seller have the right to apply to the courts in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to unilaterally amend this Agreement as provided in clause 5.2.1 of the Agreement. Additionally, amendments to the Agreement may be made by mutual consent of the Parties in accordance with the procedure provided by current legislation of Ukraine. 

SELLER’S ADDRESS AND DETAILS:

PE “KARMEL”

31352, Khmelnytsky Region, Khmelnytsky

District, Hvardiyske village, Lisova St., building 29

Postal address: 29010,

Khmelnytsky, R. Shukhevych St., 117a

UA873808050000000026006679734

JSC “RAIFFEISEN BANK AVAL” in

KYIV city, MFO 380805

EDRPOU code 22779490

Tax number 227794922183

e-mail karmelbud90@gmail.com 

tel./fax (0382) 78-40-04