USER AGREEMENT

PUBLIC AGREEMENT (OFFER)

for the ordering, purchase, sale, and delivery of goods

 

This Agreement constitutes an official and public proposal by the Seller to conclude a strict agreement for the purchase and sale of Goods presented on the website chemicalguys.ua. This Agreement is public; that is, pursuant to Article 633 of the Civil Code of Ukraine, its conditions are identical for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without granting preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the conditions and procedures for placing an order, payment for the goods, delivery of the goods, return of the goods, liability for an unfair order, and all other terms of the Agreement. The Agreement is considered concluded from the moment the "Confirm Order" button is clicked on the order page in the "Cart" Section and the Buyer receives an electronic confirmation of the order 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 agreement for the purchase and sale of goods with the Seller (hereinafter referred to as the "Agreement") under the conditions contained in this Offer.

1.2. Product or Service – the object of the agreement between the parties, which was 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.chemicalguys.ua, created for concluding retail and wholesale purchase and sale agreements based on the Buyer's acquaintance with the description of the Goods proposed by the Seller via the Internet.

1.4. Buyer – a capable natural person who has reached the age of 18, receives information from the Seller, places an order regarding the purchase of goods presented on the Online Store website for purposes not related to business activities, or a legal entity or individual entrepreneur.

1.5. Seller – Sole Proprietor (FOP) Mazur N.A. (Identification code 2482505980), a legal entity created and acting in accordance with the current legislation of Ukraine, located at: 50008, Kryvyi Rih, V. Velykoho St., bldg. 69.

 

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the 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 unquestionable acceptance by the Buyer of the terms of the Agreement shall be the date the Buyer fills out the order form located on the Online Store website, provided that the Buyer receives an electronic order confirmation from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in writing.

 

3. Placing an Order

3.1. The Buyer independently places an order in the Online Store via the "Cart" form, or by placing an order by email or by 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 placement of the order is incomplete or raises suspicions regarding its validity.

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. Surname, First name of the Buyer;

• 3.3.2. Address to which the Goods should be delivered (if delivery is to the Buyer's address);

• 3.3.3. Contact phone number;

• 3.3.4. Identification code (Tax ID) for a legal entity or individual entrepreneur.

3.4. The name, quantity, article (SKU), 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 to the agreement requires additional information, they have the right to request it from the other Party. In case of failure by the Buyer to 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 the 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 the Buyer 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, the data about the Buyer is entered into the Seller's database.

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

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

• a) The Buyer is fully familiar with and agrees to the terms of this proposal (offer);

• b) The Buyer gives permission for the collection, processing, and transfer of personal data; the permission for the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. Furthermore, by concluding the agreement, the Buyer confirms that they have been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection," of the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of 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 in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by them.

4. Price and Delivery of Goods

4.1. Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services are indicated on the website in UAH (Ukrainian Hryvnia) including VAT.

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

4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by them.

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

4.5. The Seller may indicate the estimated cost of delivery of the Goods to the Buyer's address upon the Buyer's request to the Seller by sending an email or when placing an order through the online store operator.

4.6. The Buyer's obligations regarding the payment for the Goods are considered fulfilled from the moment the funds are received in the Seller's account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out by the methods indicated 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 a representative of the delivery service (carrier), check the conformity of the Goods with qualitative and quantitative characteristics (name of goods, quantity, completeness, expiration date).

4.9. The Buyer or their representative, during the acceptance of the Goods, confirms with their signature on the sales receipt / or on the order / or on the transport waybill for the delivery of goods that they have no claims regarding the quantity of the goods, appearance, and completeness of the goods.

4.10. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or their Representative from the moment the Goods are received by the Buyer in the city of delivery of the Goods upon self-delivery of the Goods from the Seller, or during the transfer of the goods by the Seller to the delivery service (carrier) selected by the Buyer.

 

5. Rights and Obligations of the Parties

5.1. The Seller is obliged 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 for cases provided for by law and 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 the prices for Goods and services, unilaterally by posting them on the Online Store website. All changes take effect from the moment of their publication. 5.3. The Buyer undertakes to:

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

• 5.3.2. For the Seller to fulfill their obligations to the Buyer, the latter must provide all necessary data that uniquely identifies them as a 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 to the Seller non-food goods of proper quality if the goods did not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by them as intended. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if they have not been used and if their trade dress, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for the payment of the Goods, are preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.

6.2. The refund to the Buyer of the cost of goods of proper quality is carried out within 30 (thirty) calendar days from the moment such Goods are received by the Seller, subject to compliance with the requirements provided for in Clause 6.1. of the Agreement and current legislation of Ukraine.

6.3. The cost of the goods is subject to return by bank transfer to the Buyer's account.

6.4. The return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.

6.5. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to present demands to the Seller provided for by the Law of Ukraine "On Protection of Consumers' Rights." When presenting demands for the free elimination of defects, the period for their elimination is calculated from the date the Seller receives the Goods at their disposal and has physical access to such Goods.

6.6. Consideration of demands provided for by the Law of Ukraine "On Protection of Consumers' Rights" is carried out by the Seller provided that the Buyer submits documents provided for by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the Goods, actions of third parties, or force majeure.

6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties if the specified goods can be used exclusively by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, characteristics, appearance, configuration, etc.). Confirmation that the goods have individually defined properties is the difference in the dimensions of the goods and other characteristics indicated in the online store.

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

 

7. Liability

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

7.2. The Seller is not liable for improper, untimely fulfillment of Orders and their obligations in the event that the Buyer provides incorrect or erroneous 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-fulfillment of their obligations if the non-fulfillment is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party thereof.

 

8. Confidentiality and Personal Data Protection

8.1. By providing their personal data on the Online Store website during registration or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions provided for 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 the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The Buyer is responsible for maintaining their personal data up to date. The Seller is not responsible for poor-quality performance or non-performance of their obligations in connection with the irrelevance of information about the Buyer or its inconsistency with reality.

 

9. Other Conditions

9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in Clause 5.2.1 of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner provided for by the current legislation of Ukraine.

 

SELLER'S ADDRESS AND DETAILS:

Sole Proprietor (FOP) MAZUR N.A

Location: 50008, Kryvyi Rih, V. Velykoho St., 69

RNOKPP (Tax ID): 2482505980

Current Account (IBAN): UA 143052990000026008040400665

JSC CB "PRIVATBANK"

Bank MFO: 305299