Public offer agreement

This Agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of status (individual, legal entity, individual entrepreneur). With full agreement with the terms of this Agreement, the Buyer accepts the conditions and procedure for placing an Order, paying for the Goods, and delivering the Goods.

This Agreement is an agreement between the company “Ukrtek Ko” (online store https://declair.pro), hereinafter referred to as the “Seller”, and any legal entity, an individual entrepreneur or an individual – a user of Internet services. the Seller’s store, hereinafter referred to as the “Buyer” (hereinafter referred to as the “Parties” together, and each separately – the “Party”), according to which the Seller, through a Public Offer, invites the Buyer to sell the Goods and provide related services remotely through the relevant Website The seller.

The terms of this Agreement govern the relationship between the Seller and the Buyer and are determined by the Law of Ukraine “On Protection of Consumer Rights” dated May 12, 1991 No. 1023-XII, the Law of Ukraine “On Electronic Commerce” dated September 3, 2015 No. 675-VIII, as amended on 23.03. 2017, Rules of retail trade in food products approved by the order of the Ministry of Economy and European Integration of Ukraine dated July 11, 2003 No. 185 (registered with the Ministry of Justice of Ukraine on July 23, 2003, No. 628/7949), as amended on January 25, 2008, and other provisions the current legislation of Ukraine.

This agreement is a Public Offer and is the equivalent of an “oral agreement” and, in accordance with the current legislation of Ukraine, has the proper legal force.

Acceptance – confirmation by the Buyer of the transaction presented on the Seller’s Website, which contains an up-to-date list of Products and their cost.

Website – the Seller’s website located on the Internet at the URL: https://declair.pro.

Order – a duly completed electronic application form by the Buyer for the purchase of individual items from the assortment list, the total cost of all the Goods selected by the Buyer, the Goods itself that the Buyer has chosen for purchase and delivery, as well as information about the Buyer (data that make it possible to identify the Buyer, address delivery, other contact details and notes).

Courier delivery – is a service of delivery of the Goods from the Seller to the Buyer within the stated period.

Call-center operator is a representative of the Seller who accepts Orders.

Buyer – a natural or legal person who entered into a contractual relationship with the Seller on the terms specified in the Agreement.

Seller – a company that sells the Goods presented on the Website.

Public offer – a public offer of the Seller addressed to any individual and/or legal entity in order to conclude a sale and purchase agreement on certain conditions specified in the Agreement.

Goods – means for disinfection of premises and services for disinfection of premises, which are offered for sale in accordance with the assortment and prices indicated on the Website, sold to the Buyer with delivery.

Third parties – persons who are directly involved in the execution and execution of the Order.

1.1 This Agreement contains the Seller’s Public Offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine), as well as all the essential conditions for organizing the sale and purchase of the Goods remotely through the relevant Website.

1.2 In accordance with Article 642 of the Civil Code of Ukraine, full and unquestioning acceptance of the terms of this public Agreement is the fact of clicking on the Website links “Place an order”, “Place an order” or “Buy in 1 click” and payment of the Order in the amount of 100% on the terms of this Treaty. This Agreement is concluded by providing the Buyer’s full and unconditional consent to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties.
The public offer is also accepted upon registration of the Buyer on the Website.

1.3 This Agreement enters into force from the moment the Order is placed. Thus, the Buyer agrees to make the purchase of the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with them. The obligations of the Seller under the Agreement are considered fulfilled from the moment the Seller issues the Goods to the Buyer.

1.4 By concluding the Agreement, the Buyer confirms that he is fully familiar with its terms and agrees with them, as well as, if the Buyer is an individual, gives permission to process his personal data in order to be able to fulfill the terms of this Agreement, the possibility of making mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data”, about the purposes of data collection. The scope of the Buyer’s rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” is known and understood by him. The Buyer confirms that he has read and agreed with all the terms of this Agreement in full by means of Acceptance.

2.1 This Agreement governs the sale and purchase on the Website, including:

• voluntary selection by the Buyer of the Goods on the Website;
• self-registration by the Buyer of the Order on the Website;
• payment by the Buyer for the Order placed on the Website;
• transfer to the ownership of the Buyer of the Goods, the list of which is indicated in the Buyer’s Order confirmed by the Seller.

3.1 According to the terms of this Agreement, the Seller undertakes to transfer the Goods corresponding to the Buyer’s Order within the stated period, and the Buyer undertakes to accept the Goods and pay a certain amount of money for it.

3.2 The Buyer is obliged:

• before placing the Order, familiarize themself with the content of this Agreement, as well as the terms of payment and delivery on the Website;
• familiarize themself with the information about the Product, which is posted on the Website;
• independently place an Order on the Website;
• timely pay and receive the Order under the terms of this Agreement;
• upon receipt of the Goods from Courier Delivery, make sure of its integrity and compliance with the Order by inspecting the contents of the package and the Goods. In case of damage and/or non-conformity of the Goods – fix them in an act, which, together with the Buyer, must be signed by the Courier delivery officer.

3.3 The Buyer has the right to demand from the Seller the provision of services in accordance with the terms of this Agreement.

3.4 The seller is obliged:

• comply with the terms of this Agreement;
• transfer the Goods to the Buyer in accordance with the sample located on the Website and the sample chosen by him, issued by the relevant Order in accordance with the terms of this Agreement;
• not to disclose any private information of the Buyer and not to provide access to this information to other persons, with the exception of cases provided for by the current legislation of Ukraine;
• provide advice on the use of the Website and on issues of ordering.

3.5 The seller has the right:

• the seller reserves the right to unilaterally stop the provision of services under this Agreement if the Buyer violates the terms of this Agreement;
• the seller reserves the right to change this Agreement unilaterally until the moment of its conclusion;
• unilaterally and at its own discretion make changes to the information posted on the Website;
• involve third parties to fulfill their obligations to the Buyer;
• change the delivery time of the Goods ordered by the Buyer, informing the Buyer about such changes in advance;
• not be responsible for the improper use of the Goods ordered by the Buyer.

4.1 The Buyer independently places an Order on the Website by adding the Product to the “Cart” tab and fills in the data in the appropriate Order form, specifies the form of payment and selects the “PLACE AN ORDER” option or verbally over the phone using the phone numbers indicated on the Website, having previously read the Rules for ordering.

4.2 The Buyer can receive the Goods by delivery or pick up the Goods on their own.

4.3 An order is considered completed and accepted for execution if:

• the buyer completed the steps to place the Order on the Website, clicked the “Submit” button, the Call Center Operator contacted the Buyer by telephone to confirm the Order and informed the Buyer that the Order had been accepted;
• the buyer has placed the Order of the Goods by telephone through the call-center and its Operator has confirmed to the Buyer the information that the Order has been accepted for execution.

4.4 In the event that the Call-center Operator does not confirm to the Buyer about the acceptance of the Order for work, or the Buyer refuses to place the Order, such an Order is considered unregistered and is not subject to execution.

5.1 The total cost of the Goods is indicated on the Seller’s Website.

5.2 The Seller can provide the Buyer with information related to the Goods, registration and execution of the Order.

5.3 The Order Amount consists of the total cost of the Goods ordered by the Buyer. The price of the Goods indicated on the Website may be changed by the Seller unilaterally. In this case, the price for the Goods ordered by the Buyer is not subject to change.

5.4 Payment for the Goods is carried out by the Buyer in cash or by transferring funds to the current account of the Seller – upon receipt of the Order or by prepayment in an amount corresponding to the price of the Order.

5.5 The Seller has the right to provide discounts on the Goods and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for their accrual are indicated on the Website and can be changed by the Seller unilaterally.

5.6 The Seller is not responsible for the accuracy of the information about the Goods (the manufacturer of which he is not himself), and information about this Goods is provided by its manufacturer.

5.7 The Seller ensures the availability of the Goods, which is indicated on the Website, but in the absence of the Goods, the Seller may exclude it from the Order, having previously notified the Buyer about it.

5.8 In the event that taxes and fees are introduced that are not included in the cost of the Goods (works, services) and are payable by the Buyer, the amounts of such taxes and fees will be included in a separate line in the Order and are payable by the Buyer together with the cost of the ordered Goods.

6.1 Independent pick-up (removal) of the Goods is carried out by the Buyer from the place of issue of the Order, specified by the Buyer when placing it.

6.2 Delivery of the Order by Courier delivery is carried out in agreement with the Buyer and at the address specified by him when placing the Order.

6.3 The Seller’s working hours and delivery times are indicated on the Website. The delivery time can be changed by the Seller unilaterally. The impossibility of fulfilling the Order or its untimely execution may be caused by circumstances caused by the human factor, or by force majeure circumstances.

6.4 The ownership of the Goods, as well as the risk of accidental damage or loss, passes to the Buyer from the moment the Goods are transferred. Payment for the Goods by the Buyer indicates that there are no claims to the Goods and the Seller has duly fulfilled his obligation to transfer the Goods.

7.1 The Buyer has the right to receive the Goods ordered by him by independent pick-up (export) or use the services of Courier delivery.

7.2 Delivery of the goods to the Buyer occurs after receipt from the Buyer of 100% payment on the invoice.
Payment for delivery costs is carried out in accordance with the conditions specified on the Website.

7.3 When ordering large quantities of the Goods, delivery times are agreed separately in each specific case.

8.1 The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.

8.2 The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased by him.
The Buyer is fully responsible for the accuracy of the data that he indicates when placing an Order for the Goods.

8.3 In case of force majeure circumstances, the Parties are exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances mean events of an extraordinary, inevitable, unpredictable nature, excluding or objectively preventing the execution of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable measures.

8.4 The Party referring to the force majeure circumstances must notify the other Party about the occurrence of such circumstances by telephone or in writing by e-mail.

8.5 The parties shall use their best efforts to resolve any disagreements solely through negotiations. All controversial issues that may arise under this Agreement or in connection with its execution, the Buyer and the Seller resolve through negotiations. The pre-trial procedure for resolving a dispute is mandatory. If the Buyer and the Seller are unable to reach agreement on disputable issues through negotiations, these issues are subject to resolution in accordance with the current legislation of Ukraine.

9.1 By placing an Order for the Goods, the Buyer gives his consent to the Seller for the collection and processing (accumulation, storage, adaptation, restoration, use, distribution, depersonalization and destruction) of the personal data specified by him in accordance with the Law of Ukraine “On the Protection of Personal Data” dated 01.06.2010 year No. 2297-VI. Only those persons who are directly involved in the execution and execution of such an Order have access to the Buyer’s personal data, except in cases and within the limits stipulated by the current legislation of Ukraine.

9.2 The processing of personal data means any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change) extraction , use, blocking, deletion, destruction of personal data.

9.3 By his own acceptance of the Agreement or by registering on the website “https://declair.pro” (filling out the registration form), the Buyer voluntarily gives the Seller the right to process his personal data, including: place personal data in the Seller’s databases (without further notice Buyer about this), to carry out permanent data storage, their accumulation, updating, changing (as necessary).

9.4 The Seller undertakes to ensure the protection of data from unauthorized access by other persons, not to distribute or transfer data to any third party (except for the transfer of data to related third parties, commercial partners, persons authorized by the Seller to carry out direct data processing for these purposes, as well as to the obligatory request of the competent state body). In the Seller’s database, data is stored for the following purpose: the data that become known to the Seller can be used for commercial purposes, including for processing orders for the purchase of the Goods, receiving information about the Order, transmission by telecommunication means (by e-mail, mobile communication) advertising and special offers, information about promotions, sweepstakes or any other information. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the physical address, e-mail of the Buyer, as well as send sms messages, make calls to the number indicated in the questionnaire.

9.5 When placing an Order, the Buyer is obliged to provide accurate and truthful information to the extent necessary for the purchase of the Goods and the provision of services. Providing inaccurate information or failure to provide such information at the request of the Seller may be a reason for refusing to sell the Goods.

9.6 The Seller is not responsible for the information provided by the Buyer on the Website in a public form.

9.7 The Seller has the right to record telephone conversations with the Buyer, having previously warned the Buyer about such fixation. The Seller guarantees the prevention of attempts to unauthorized use of the Buyer’s personal data by other persons who are not related to the execution of the Order, except as provided for by the current legislation of Ukraine.

9.8 The Seller has the right to send informational messages, including advertising messages, to the e-mail and mobile phone of the Buyer with his consent.

9.9 The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by sending a written statement of refusal to receive advertising and other information to the Seller at the address indicated on the Website. Service messages informing the Buyer about the Order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.

9.10 The information provided by the Buyer is confidential. The Website uses information about the Buyer solely for the purpose of the Website functioning (sending messages to the Buyer about the execution of the Order, sending advertising messages, etc.).

10.1 All textual information and graphics posted on the Website are the property of the Seller.

11.1 This Agreement enters into force for the Buyer from the date of placing the Order or registering on the Website “https://declair.pro” and is valid until the Parties fulfill all the terms of the Agreement.

11.2 Payment by the Buyer for the Order made on the Website means the Buyer’s full agreement with the terms of this public Agreement (the Seller’s Public Offer) and is the date of the conclusion of the purchase and sale agreement between the Seller and the Buyer.

11.3 The website may be temporarily suspended due to maintenance or technical work.

11.4 The Agreement is public and perpetual and is valid until terminated by either of the Parties in the manner prescribed by this Agreement or current legislation, but in any case until its final execution by the Parties.

11.5 This version of the Public Agreement is current.

11.6 The website was created to organize a remote way of selling goods via the Internet.

11.7 Using the resource of the Website to view the Goods, as well as to place an Order, is free of charge.