PUBLIC TENDER OFFER (JOINING) AGREEMENT OF PURCHASE AND SALE
Limited liability company “ERGO TABLE UA” (Ukraine), hereinafter – the Seller, guided by Art. 634, Art. 641 Art. 644 of the Civil Code of Ukraine, makes a public offer to an unlimited number of legally competent persons (“Public Offer”) to enter into a sales contract (hereinafter – the “Agreement”). Acceptance (acceptance) of the Public Offer is carried out in accordance with the procedure specified in this Agreement. As a result of the acceptance (acceptance) of this Public Offer, the Agreement is considered concluded on the terms specified therein. Further, according to the text of this Agreement: the legally competent person who accepted (accepted) this Public Offer is called the “Buyer”; The Seller and the Buyer are referred to together as the “Parties”, and each individually as a “Party”. The contract is proposed to be concluded on the following terms:
1. DEFINITION OF TERMS 1.1. “Acceptance” or “acceptance” is the complete, unconditional and unquestionable acceptance by the Buyer of the terms of the Public Offer and the Agreement. 1.2. “Order” – the Buyer’s order for the purchase of the goods presented in the online store, issued in the manner provided for in this Agreement, containing all the essential conditions of purchase and sale agreed by the Parties. 1.3. “Website” or “Internet store” is a website under the domain name https://ergo-table.ua/, which belongs to the Seller and is intended for the sale of goods. 1.4. “Catalog” – information about goods offered for sale, posted on the Website. 1.5. “Product” – any product presented in the seller’s catalog. 1.6. “Publication” means placing any information on the Website.
2. SUBJECT AND GENERAL PROVISIONS OF THE AGREEMENT 2.1. In accordance with the procedure and conditions provided for in this Agreement, the Seller, on the basis of the Buyer’s Order, undertakes to transfer the Goods to his ownership after the Buyer makes the full payment, and the Buyer undertakes to pay and accept the Goods. 2.2. The range, characteristics and prices of the Goods offered for sale are indicated in the Catalog posted on the Seller’s website https://ergo-table.ua/. 2.3. All informational materials on the Website are for reference only. If the Buyer has any questions regarding the characteristics and methods of using the Product, the Buyer must contact the Seller at the phone numbers or e-mail indicated on the Website before placing the order for appropriate consultation. 2.4. The Seller reserves the right to make changes to the text of this Public Offer at any time by publishing it in a new edition on the Website. 2.5. The quality of the Goods under this Agreement must meet the requirements for the quality of the goods provided by law for goods of this type. In the event that the law does not establish requirements regarding the quality of the Goods transferred under this Agreement, the Seller is obliged to hand over to the Buyer the Goods suitable for the purpose for which such goods are usually used.
3. ORDER PROCEDURE 3.1. Acceptance of the terms of this public offer is carried out by the Buyer by placing an Order in one of the following ways: 3.1.1. Online registration (directly) of an order for the purchase of the Product, which is carried out by filling out the Product order form posted on the Seller’s website and clicking the “Make an order” button; 3.1.2. Directions for the purchase of Goods to the Seller’s e-mail address specified on the Website (sale@ergo-table.com.ua); 3.1.3. Placing an Order for the purchase of Goods in verbal form at the phone number indicated on the Website (+38(044) 599-54-73). The form of placing the Order is chosen by the Buyer at his own discretion. 3.2. When placing an Order, the Buyer undertakes to provide the following information about himself: full name, contact phone number, e-mail address, selected delivery method, delivery address (except for self-delivery), selected payment method. 3.3. All responsibility for the completeness and authenticity of the information specified when placing the Order rests with the Buyer. 3.4. Acceptance of this Agreement The Buyer consents to the collection, processing and transfer of his personal data for purposes related to the fulfillment of obligations under this Agreement, without limitation of its validity period. 3.5. After receiving the Order, the Seller’s representative contacts the Buyer at the phone number and/or email address specified in the Order to clarify the details of the Order, the availability of the Goods, the terms of delivery of the Goods and other necessary information. The Seller can also send to the Buyer’s e-mail address a notification of acceptance of the order and an invoice indicating the name, quantity and price of the selected product and the total amount of the order. 4. TERM AND PROCEDURE OF DELIVERY OF GOODS 4.1. The term of delivery of the Goods is agreed upon by the Parties during a telephone conversation and/or exchange of electronic messages between the Seller’s representative and the Buyer. Unless otherwise agreed separately by the Parties, the term is calculated in working days. 4.2. When the Buyer chooses such a method of payment for the Goods as “cash payment upon self-delivery”, the term of delivery of the Goods is calculated from the date of confirmation of the acceptance of the Order by the Seller. In other cases, the term of delivery of the Goods is calculated from the date of payment by the Buyer of the full amount of payment for the Goods. 4.3. Possible methods of delivery of the Goods are listed on the Website. At the same time, delivery of the Goods is possible to any populated place in Ukraine, with the exception of the Autonomous Republic of Crimea and the temporarily occupied areas of Donetsk and Luhansk regions. 4.4. The Seller’s obligations regarding the transfer of the Goods are considered fulfilled at the time provided for in Art. 664 of the Civil Code of Ukraine. 4.5. Simultaneously with the transfer of the Goods, the Seller hands over to the Buyer the invoice, warranty card (if the Goods are covered by a warranty) and other accompanying documents, the mandatory provision of which is stipulated by the current legislation of Ukraine. 4.6. If the Buyer chooses the method of delivery of the Goods “Free delivery in the city of Kyiv” in the absence of the possibility of using an elevator or other device intended for lifting cargo, if necessary, the Seller may provide the Buyer with an additional service of lifting the Goods to the required floor for a fee, the amount of which will be additionally agreed upon by the Parties. 4.7. The Buyer is obliged to inform the Seller about the violation of the terms of this Agreement regarding quantity, quality, assortment, completeness before the Buyer signs the invoice. The Buyer’s signing of the invoice indicates that the Buyer has checked the quality, quantity, range, and completeness of the Goods. The parties have agreed that the Buyer signs the invoice only on the condition that he has no claims regarding the price, quality, quantity, assortment, completeness of the Goods, therefore claims regarding the specified terms of the Agreement after the Buyer has signed the invoice (except for cases of hidden defects of the Goods) are groundless and will not be considered. 4.8. In the case of the Buyer’s motivated refusal to accept the transferred Goods (the Seller’s notice of violation of the terms of this Agreement), the Parties shall draw up a bilateral deed of defects with a list of such defects and the deadlines for their elimination. 4.9. If within 1 (one) day from the date of delivery of the Goods and delivery of the invoice, the invoice is not signed by the Buyer and handed over to the Seller, or the Buyer does not provide the Seller with motivated comments on the delivered Goods, the Goods are considered accepted by the Buyer without any comments.
5. PRICE OF GOODS
5.1. The price of the Product in the online store is indicated in hryvnias, as well as its equivalent in a foreign currency – Euro. To determine the equivalent of the price of the Product to the Euro, the official rate established by the National Bank of Ukraine is used. 5.2. The price of the Product indicated on the Website can be changed unilaterally by the seller, while the price of the Product ordered and paid for by the Buyer is not subject to change. 6. PAYMENT FOR GOODS
6.1. Possible methods of payment for the Product are listed on the Website in the “Payment” section. 6.2. The Parties’ calculations during the payment of the Goods are made in Ukrainian hryvnias. 6.3. Payment of the cost of the Goods under this contract is made by the Buyer by making an advance payment in the amount of 100 (one hundred) percent of the cost of the Goods specified in the current Catalog no later than 5 (five) working days from the date of placing the Order. 6.4. When the Buyer chooses such a method of payment for the Goods as “payment in cash upon pickup”, the Parties may agree on a different prepayment term, however, in any case, the Buyer pays for the Goods before its actual transfer to the Buyer’s disposal. 6.5. In the event that the Buyer does not make advance payment of the price of the Goods within the time and in the amount specified in clauses 6.3.-6.4. of this Agreement, and changes in the official exchange rate of the hryvnia against the euro, set by the NBU, towards an increase (fall in the hryvnia) and/or price increases by manufacturing plants, increases in import duty rates and other official payments that affect the cost of the Goods, the cost of transporting the Goods, etc. d., the Seller has the right to change the price of the Goods in the direction of its increase, issuing a new invoice for payment taking into account the official exchange rate of the hryvnia in relation to the euro, specified on the website https://www.bank.gov.ua, on the day of its preparation and/ or an increase in the price of the Product due to the factors specified in this clause.
7. RETURNS AND EXCHANGES 7.1. The return and exchange of the Goods is carried out on the grounds and in the manner prescribed by the current legislation of Ukraine. 7.2. The return of the goods to the Seller is carried out at the expense of the Buyer. In the event that the Buyer returns the goods of proper quality in the cases provided for by the current legislation of Ukraine, the Seller returns to the Buyer the amount paid for the Goods upon the fact of returning the Goods, minus compensation for the Seller’s costs related to the delivery of the Goods to the Buyer.
8. RESPONSIBILITY OF THE PARTIES 8.1. The parties are responsible in accordance with the current legislation of Ukraine. 8.2. The Seller is not responsible for damage caused to the Buyer as a result of his improper use of the goods ordered in the online store. 8.3. The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under the contract during the period of force majeure. 9. TERM OF THE AGREEMENT 9.1. This Agreement enters into force from the date of Acceptance by the Buyer of the terms of this Public Offer and is valid until the Parties fully fulfill their obligations. 9.2. In the event that the Buyer does not make advance payment of the price of the Goods within the time and in the amount specified in clauses 6.3.-6.4. of this Agreement, the Seller has the right to unilaterally terminate this Agreement by notifying the Buyer in writing and/or by means of electronic communications. 9.3. This Agreement may be terminated: 9.3.1. By agreement of the parties; 9.3.2. As a result of the Seller’s unilateral withdrawal from the Agreement on the basis of Clause 9.2; 9.3.3. In other cases stipulated by the current legislation of Ukraine.
10. TERM OF THE AGREEMENT 10.1. All disputes and disagreements that arise during the performance of the obligations under this Agreement by the Parties shall be resolved through negotiations. If the dispute cannot be resolved through negotiations, it is resolved in a court of law according to the jurisdiction and sub-department established by the current legislation of Ukraine. 10.2. The Seller reserves the right to expand and reduce the product offer in the online store, to regulate access to the purchase of any Goods, and to stop or terminate the sale of any Goods at its own discretion. 10.3. In everything that is not established by this Agreement, the parties are governed by the current legislation of Ukraine.
11. ADDRESS AND DETAILS OF THE SELLER: “ERGO TABLE UA” LLC EDRPOU code: 43868847 Address: 04050, Kyiv, str. Hertsena, 35, office. 606 (Herzen Park residential complex) Phone: (044) 599-54-73 Email address: sale@ergo-table.com.ua