PUBLIC AGREEMENT (OFFER) to order, purchase and sale and delivery of goods

Цей договір є офіційною та публічною пропозицією Продавця укласти договір купівлі-продажу Товару, представленого на сайті  https://www.topdog.ua/PUBLIC AGREEMENT (OFFER) to order, purchase and sale and delivery of goods This agreement is an official and public offer of the Seller to enter into a contract of sale of the Goods presented on the site https://www.topdog.ua/ . This agreement is public, ie 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, individual entrepreneur) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unscrupulous order and all other terms of the contract. The contract is considered concluded from the moment of clicking the "Place Order" button on the ordering page in the "Cart" section and receiving the Buyer's confirmation of the order in electronic form from the Seller.

1. Definition of terms

1.1. Public offer (hereinafter - the "Offer") - a public offer of the Seller, addressed to an indefinite number of persons, to enter into an agreement with the Seller to buy and sell goods remotely (hereinafter - the "Agreement") on the terms contained in this Offer.

1.2. Goods or Services - the object of the agreement of the parties, which was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.3. Online store - Seller's website at https://www.topdog.ua/ created for the conclusion of retail contracts purchase and sale on the basis of acquaintance of the Buyer with the description of the goods offered by the Seller by means of the Internet. https://www.topdog.ua/ створений для укладення договорів роздрібної купівлі-продажу на підставі ознайомлення Покупця із запропонованим Продавцем описом товару за допомогою мережі Інтернет.

1.4. Buyer - an able-bodied natural person, or legal entity or natural person-entrepreneur, receives information from the Seller, places an order to purchase goods presented on the website of the online store for purposes not related to business activities.

1.5. Seller – Individual Entrepreneur FOP Koptev Stanislav Oleksiyovych and/or Individual Entrepreneur FOP Shevchuk Olga Sergiivna and/or Individual Entrepreneur FOP Koptieva Oleksandra Vasilievna (according to the joint activity agreement).

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods to the Buyer's ownership, 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 unequivocal acceptance of the Agreement's terms by the Buyer shall be considered as the date of filling out the order form by the Buyer, located on the website of the Online Store, provided that the Buyer receives order confirmation from the Seller in electronic form.

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3. Order Placement

3.1. The Buyer independently places an order in the Online Store using the "Cart" form or by placing an order via email or the phone number indicated in the contact section of the Online Store.

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

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

3.3.1. Buyer's last name, first name;

3.3.2. Address for the delivery of the Goods (if delivery is to the Buyer's address);

3.3.3. Contact phone number.

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

3.5. The Buyer is responsible for the accuracy of the information provided during the order placement.

3.6. By entering into the Agreement, i.e., accepting the terms of this offer (the proposed terms of purchasing the Goods) by placing an order, the Buyer confirms the following:

a) The Buyer is fully acquainted with and agrees to the terms of this offer;

b) The Buyer gives permission for the collection, processing, and transfer of personal data. The permission to process personal data is valid for the entire term of the Agreement and for an unlimited period after its expiration. Furthermore, by entering into the agreement, the Buyer confirms that they have been informed (without additional notification) about the rights established by the Law of Ukraine "On the Protection of Personal Data," the purposes of data collection, as well as the fact that their personal data is transmitted to the Seller for the purpose of fulfilling the conditions of this Agreement, conducting mutual settlements, as well as for receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data under the Law of Ukraine "On the Protection of Personal Data" is known and understood by the Buyer.

4. Price and Delivery of Goods

4.1 Prices for Goods and services are determined by the Seller independently and indicated on the website of the Online Store. All prices for Goods and services are stated in Ukrainian Hryvnia.

4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. However, the price of a specific unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.

4.3 The cost of the Goods indicated on the website of the Online Store does not include the cost of delivery to the Buyer. The cost of delivery of the Goods is paid by the Buyer according to the applicable rates of delivery services (carriers) chosen directly by the Buyer.

4.4 The Seller may provide an approximate cost of delivering the Goods to the Buyer's address when the Buyer makes a relevant request to the Seller by sending an email or when placing an order through the operator of the online store.

4.5 The Buyer's obligation to pay for the Goods is considered fulfilled from the moment the funds are received by the Seller's account.

4.6 Settlements between the Seller and the Buyer for the Goods are made in the methods specified on the website of the Online Store in the "Payment and Delivery" section.

4.7 Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify the conformity of the Goods to the qualitative and quantitative characteristics (product name, quantity, completeness, integrity of packaging, etc.).

4.8 The Buyer or their representative, upon receiving the Goods, confirms by their signature on the sales receipt / or in the order / or in the delivery note that they have no claims regarding the quantity of the Goods, its appearance, and completeness.

4.9 The ownership right and the risk of accidental loss or damage to the Goods pass to the Buyer or their Representative from the moment of receiving the Goods by the Buyer at the place of delivery.

5. Rights and Obligations of the Parties

5.1 The Seller undertakes:

5.1.1 To deliver the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.

5.1.2 Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except in cases provided by law and during the fulfillment of the Buyer's Order.

5.2 The Seller has the right:

5.2.1 To change the terms of this Agreement, as well as the prices for Goods and services, unilaterally by posting them on the website of the Online Store: https://www.topdog.ua/. All changes take effect from the moment of their publication. https://www.topdog.ua/. Всі зміни набувають чинності з моменту їх публікації.

5.3 The Buyer undertakes:

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

5.3.2 In order for the Seller to fulfill their obligations to the Buyer, the Buyer must provide all necessary data that clearly identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.

6. Return of Goods

6.1 The Buyer has the right to return non-food goods of proper quality to the Seller if the goods do not satisfy them in terms of shape, size, style, color, dimensions, or for other reasons prevent them from being used for their intended purpose. The Buyer has the right to return non-food goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of non-food goods of proper quality is possible if they have not been used and if their appearance, consumer properties, and packaging are preserved, without any signs of wear or odors, and with intact packaging, seals, labels, and tags, as well as the payment document issued to the Buyer for the payment of the Goods. The list of goods that cannot be returned on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2 The refund of the value of non-food goods of proper quality is made within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller, provided that the requirements specified in clause 6.1 of this Agreement and the current legislation of Ukraine are met.

6.3 The cost of the Goods is refunded by bank transfer to the Buyer's account.

6.4 The return of non-food goods of proper quality to the Seller's address is made at the expense of the Buyer, and the Seller does not compensate the Buyer for such expenses.

6.5 In case of defects discovered in the Goods during the warranty period, the Buyer has the right to personally, in accordance with the procedure and within the time frame established by the legislation of Ukraine, make claims to the Seller as provided by the Law of Ukraine "On Consumer Protection." When making claims for free defect rectification, the time for rectification is counted from the date of receipt of the Goods by the Seller and their physical access to the Goods.

6.6 The consideration of claims provided by the Law of Ukraine "On Consumer Protection" is carried out by the Seller upon the Buyer providing the documents required by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that occurred after its transfer to the Buyer due to the Buyer's violation of the rules of use or storage of the Goods, actions of third parties, or force majeure circumstances.

6.7 The Buyer does not have the right to refuse non-food goods of proper quality that have individually defined properties if such goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, completeness, etc.) The confirmation that the goods have individually defined properties is the difference in size and other characteristics indicated in the online store.

6.8 The return of goods, in cases provided by law and this Agreement, is made to the address indicated on the website in the "Contacts" section.

7. Liability

7.1 The Seller is not responsible for any damage caused to the Buyer or third parties due to improper use or storage of the Goods purchased from the Seller.

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

7.3 The Seller and the Buyer are responsible 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 shall be released from liability for full or partial non-performance of their obligations if such non-performance is the result of force majeure circumstances beyond the control of the Seller and/or the Buyer after the conclusion of this Agreement. The party unable to fulfill its obligations due to force majeure shall promptly notify the other party in writing of the occurrence and cessation of such circumstances.

8. Confidentiality and Personal Data Protection

8.1. By providing his personal data on the website of the online store when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including transfer and disclosure) of his personal data, as well as to the performance of other actions provided for by the Law of Ukraine "On the Protection of Personal Data data", without limiting the term of such consent.

8.2 The Seller undertakes not to disclose the information received from the Buyer. Disclosure of information by the Seller to counterparties and third parties acting under an agreement with the Seller, including for the fulfillment of obligations to the Buyer, is not considered a violation, provided that such disclosure is required by the applicable laws of Ukraine.

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

9. Other Terms

9.1 This Agreement is concluded within the territory of Ukraine and is governed by the current laws of Ukraine.

9.2 All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to settle the disputed matter through negotiations, the Buyer and/or the Seller have the right to seek dispute resolution through the judicial authorities in accordance with the applicable laws of Ukraine.

9.3 The Seller has the right to make changes to this Agreement unilaterally as provided in section 5.2.1 of this Agreement. Additionally, changes to the Agreement may also be made by mutual agreement of the Parties in accordance with the applicable laws of Ukraine.