Public Offer
Public Offer AgreementConclusion of the Agreement for the Provision of Services
This agreement is a public offer and does not require a signature (in accordance with Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine). The public offer agreement has the same legal force as a paper-signed agreement.
1. GENERAL PROVISIONS
1.1. This offer is the official proposal of the online store “www.kovash.com.ua,” hereinafter referred to as the “Seller,” to conclude a sales agreement for goods by remote means, i.e., through the online store, hereinafter referred to as the “Agreement,” and places the Public Offer (proposal) on the official website of the Seller “www.kovash.com.ua” (hereinafter referred to as the “Website”).
1.2. This Agreement defines the terms of purchase of any product presented, hereinafter referred to as the “Goods,” by the Buyer through the Seller’s online store.1.3. The Agreement is public according to Articles 633 and 641 of the Civil Code of Ukraine and is equivalent to an “oral agreement” and has appropriate legal force.
2. TERMS AND DEFINITIONS
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
“Goods” — models, accessories, components, and accompanying items;
“Online Store” — in accordance with the Law of Ukraine “On Electronic Commerce,” a means for presenting or selling goods, work, or services by concluding an electronic transaction;
“Seller” — the company selling goods presented on the website;
“Buyer” — an individual who has concluded an Agreement with the Seller under the conditions set out below;
"Order" — refers to the selection of individual items from the list of goods specified by the Buyer when placing the order and making the payment.
3. SUBJECT OF THE AGREEMENT
3.1. 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.
This Agreement governs the purchase and sale of goods in the Online Store, specifically:
— voluntary selection of goods by the Buyer in the Online Store;
— independent placement of the order by the Buyer in the Online Store;
— payment by the Buyer for the order placed in the Online Store;
— processing and delivery of the order to the Buyer in ownership under the terms of this Agreement.
4. ORDER PLACEMENT PROCEDURE
4.1. The Buyer can browse the content of the online store’s website, place orders, and use its other services.
4.2. The Buyer has the right to place an order for any product presented on the online store’s website and available in stock.
4.3. If the product is out of stock, a company representative must notify the Buyer (by phone or email.
4.4. In the absence of the product, the Buyer has the right to replace it with a similar product, refuse the product, or cancel the order.
4.5. Orders can be placed by both registered and non-registered Buyers. Orders can also be placed by phone, using the number listed on the online store’s website.
4.6. The Buyer agrees to provide accurate, truthful, and complete information about themselves. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration or order placement.
5. ORDER PAYMENT PROCEDURE
5.1. All possible payment methods for orders are listed in the “Payment / Delivery” section on the Seller’s website.
5.2. Orders are processed only after full payment by the Buyer, except when choosing the payment method “Cash on delivery.
5.3. A payment confirmation message will be sent to the Buyer’s email or phone number provided during order placement.
5.4. If payment is not received, the online store reserves the right to cancel the order.
6. ORDER DELIVERY TERMS
6.1. When placing an order, the Buyer must clearly specify the delivery requirements. One order can be placed for one date, time, and address.
6.2. The delivery of the order by the Seller is carried out after prior agreement with the Buyer via the phone number provided by the Buyer in the order.
6.3. Along with the order, the Buyer receives documents confirming the purchase in accordance with the legislation of Ukraine.
6.4. The delivery cost of orders is specified in the “Payment / Delivery” section on the Seller’s website.6.5. The order is considered fulfilled at the moment the Buyer or their authorized representatives receive it.
7. RETURN POLICY
7.1. The return of goods to the online store is carried out in accordance with the current legislation of Ukraine.
7.2. The return of goods to the online store is at the expense of the Buyer.
7.3. When returning goods of proper quality, the online store refunds the amount paid by the Buyer for the goods upon receipt of the returned goods. The goods must be returned in merchantable condition, preserving their consumer properties and all labels, seals, etc.
7.4. The Buyer has the right to file a claim using the feedback form on the website, specifying the reason and providing a corresponding description and supporting photos.
8. AGREEMENT DURATION
8.1. The electronic agreement is considered concluded from the moment the person who submitted the offer receives a response accepting the offer, in the manner defined by part six of Article 11 of the Law of Ukraine “On Electronic Commerce,” and remains in effect until the Seller fulfills the obligations under this Agreement.
8.2. This Agreement may be terminated early by mutual consent of the parties before the actual delivery of the goods, by returning the funds.
8.3. The parties have the right to unilaterally terminate this Agreement in case of non-fulfillment by one of the parties of the terms of this Agreement or in cases provided for by the current legislation of Ukraine.
9. SELLER’S OBLIGATIONS
9.1. Provide accurate information about the goods, their prices, and the delivery terms.
9.2. Deliver the goods to the Buyer in accordance with the order’s terms.
9.3. Ensure the quality of the goods complies with the quality standards in Ukraine. Fulfill warranty obligations in accordance with the terms of this Agreement. Warranty terms for each specific item are described in the product instructions and on the online store’s website in the “Warranty” section.
9.4. In case of a change in the delivery time, immediately notify the Buyer of the changes. The Seller informs the Buyer by phone or electronic communication. If unable to contact the Buyer due to the Buyer’s failure to comply with clause 4.6 of this Agreement, the Seller is not responsible for the Buyer under this Agreement and the norms of current legislation.
10. BUYER’S OBLIGATIONS
10.1. Provide the Seller with accurate, truthful, and correct information, including during registration on the online store’s website.
10.2. Pay for the goods in accordance with the orders at the prices specified in them.
10.3. Upon receiving the order, inspect the packaging for external damage. If there is no visible damage, sign the delivery receipt (invoice, registry, etc.) confirming receipt of the order. Open the external packaging in the presence of the delivery service representative to check the condition of the goods, inspect the goods for integrity and any external damage.
10.4. If there are any claims, the Buyer should request the delivery service representative to complete an Inspection Report and a Handover Report in three copies. The Inspection Report describes the damage to the external packaging, while the Handover Report describes all damage to the goods.
10.5. If the Seller delivers goods that violate the order in terms of quantity, assortment, completeness, packaging, and/or wrapping, the Buyer must notify the Seller of these violations within five (5) calendar days from the date of purchase (receipt).
11. LIABILITY OF THE PARTIES
11.1.The Seller and the Buyer are responsible for fulfilling their obligations under this Agreement in accordance with the current legislation of Ukraine.
11.2. The Seller bears all risks associated with the loss or damage of the goods until the goods are handed over to the Buyer.
11.3. The Buyer, or the person who accepted the goods in the absence of the Buyer, bears all risks associated with the loss or damage of the goods from the moment of receipt.
11.4. The Seller has the right to delegate its rights and obligations for fulfilling orders to third parties without being released from responsibility.
11.5. The parties’ liability in other cases is determined in accordance with the legislation of Ukraine.11.6. The parties agree that any disputes that cannot be resolved through negotiations will be resolved in accordance with the current legislation of Ukraine.
12. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
12.1. By providing their personal data on the online store’s website during registration or placing an order, the Buyer voluntarily agrees to the processing and use (including transfer) of their personal data without a time limit in accordance with the Law of Ukraine “On Personal Data Protection.”
12.2. The information provided by the Buyer is confidential. The online store uses the Buyer’s information solely for processing the order, sending notifications to the Buyer, delivering the goods, and settling payments. It is not considered a violation for the Seller to provide information to agents and third parties acting under a contract with the Seller, including for fulfilling obligations to the Buyer, as well as in cases where the disclosure of such information is required by law.
13. OTHER CONDITIONS
13.1. This Agreement is concluded in Ukraine and operates within the framework of Ukrainian legislation.
13.2. The invalidity of any clause or part of this Agreement does not render the Agreement as a whole invalid.
13.3. All disputes between the Buyer and Seller are resolved through negotiations. If a disputed issue cannot be resolved, the Buyer or Seller may refer the dispute to the courts in accordance with current legislation.
13.4. The Seller has the right to amend the text of this Agreement at any time at their discretion and without prior notice to the Buyers. The current version of the Agreement is always available on the online store’s website.
13.5. The online store is created to organize the remote sale of goods via the Internet. The absence of a signed paper version of this Agreement between the Seller and the Buyer does not invalidate the Agreement if the Buyer has made actual payment for the goods.13.6. In case of claims, the Buyer should contact the Seller’s support service by phone at +38 (050) 533-73-40 or via Telegram, as listed on the website “www.kovash.com.ua”