OFFER AGREEMENT
Public agreement on the sale of goods at a distance via the Internet
The text of the Agreement set forth below is addressed to individuals permanently residing in the territory of Ukraine and is an official public offer, referred to hereinafter as the SELLER, who fully and unconditionally accepts the terms of this Adhesion Agreement in accordance with Articles 633 and 634 of the Civil Code of Ukraine and has expressed acceptance of this offer by confirming an Order on the sunandsea.shop website, and who acts in their own interests or in the interests of a legal entity, referred to hereinafter as the BUYER, have concluded this public Agreement (hereinafter "Agreement") regarding the following:
1. DEFINITION OF TERMS
1.1. Under the concept of "Goods" within the framework of this Agreement, goods presented on the sunandsea.shop website are understood, for which the price, name, and description are indicated and which are available for purchase. Also, the goods may be accompanied by their image.
1.2. Under the concept of "Online Store" within the framework of this Agreement, the relevant software and functional complex hosted on the sunandsea.shop website is understood, which allows for familiarization with the Goods, their appearance, technical characteristics, price, payment terms, delivery terms and deadlines, warranty obligations, etc., placing a corresponding order, and paying for it based on an issued invoice.
1.3. Under the concept of "Prepayment" within the framework of this Agreement, the preliminary order and payment for goods are understood, the availability of which is expected within the timeframes specified in the description of the Goods.
1.4. Under the concept of "Cart" within the framework of this Agreement, the part of the Online Store is understood that is responsible for tracking and displaying in real-time the items selected by the BUYER for purchase, with an indication of their total cost.
1.5. Under the concept of "Order" within the framework of this Agreement, the list of Goods determined by the BUYER using the Cart, their quantity, with an indication of the BUYER'S full name and contact details, is understood.
2. SUBJECT OF THE AGREEMENT
2.1. The SELLER undertakes, on the terms and in the manner defined by this AGREEMENT, to sell to the BUYER the Goods that are the subject of the sale under this AGREEMENT, and the BUYER undertakes, on the terms and in the manner defined by this AGREEMENT, to purchase the named Goods and pay their price.
2.2. The SELLER guarantees that the Goods are not pledged, are not subject to a dispute or seizure, and are not subject to the rights of third parties.
2.3. The SELLER and the BUYER confirm that this Agreement is not a fictitious or sham transaction, or a transaction performed under the influence of violence or deceit.
2.4. The SELLER confirms that they have all the necessary permits to carry out business activities regulating the sphere of legal relations that arise and operate in the process of executing the Agreement, and also guarantees that they have the right to sell the Goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the BUYER'S rights in the process of executing the Agreement and selling the Goods.
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. In accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and the Rules of Selling Goods on Order and outside of commercial or office premises approved by the Order of the Ministry of Economy of Ukraine dated 19.04.2007 No. 103, this document is an offer, and the fact of the Buyer placing an order, orally (by phone or in the office) or in writing (via the website or email) and the receipt of this order by the Seller constitutes full and indisputable acceptance of this public agreement and the information set forth on the website.
4. GENERAL PROVISIONS
4.1. All informational materials presented in the Online Store are for reference purposes and cannot fully convey accurate information about the properties and characteristics of the Goods, including colors, sizes, and shapes. In case of questions from the BUYER regarding the properties and characteristics of the Goods, the BUYER must contact the SELLER before placing an Order.
4.2. The placement of an Order by the BUYER and its subsequent submission for execution means that the BUYER has sufficiently and fully familiarized themselves with the technical characteristics of the Goods, their functional capabilities, and information about delivery times and warranty service conditions.
4.3. In case of absence of the ordered Goods in the SELLER'S warehouse, including for reasons beyond the SELLER'S control, the SELLER has the right to cancel the specified Goods from the BUYER'S Order and notify the BUYER of this by sending an electronic message to the address provided during the BUYER'S registration.
4.4. The Order is considered executed at the moment of actual transfer of the Goods included in the Order to the BUYER based on an expenditure invoice issued by the SELLER and signed by the BUYER. Upon execution of the Order, the SELLER'S obligations to the BUYER are considered fulfilled.
4.5. Ownership of the Goods transfers from the SELLER to the BUYER at the moment of transfer of the Goods. Confirmation of the transfer of ownership of the Goods is the BUYER'S signature on the invoice (receipt, delivery registry, etc.) issued by the SELLER, a transport or courier company. Risks of loss or accidental damage to the Goods transfer from the SELLER to the BUYER at the moment of transfer to the transport or courier company.
4.6. By accepting the terms of this Agreement, the BUYER provides the SELLER with their consent to the right to collect, store, use, distribute, and receive information provided by the BUYER in connection with the execution of this Agreement:
4.6.1. Necessary for private individuals and organizations to ensure the performance of their functions or the provision of services to the SELLER in accordance with agreements concluded between such persons (organizations) and the SELLER.
4.6.2. Necessary in other cases in accordance with the requirements of the legislation of Ukraine.
5. PRICE AND PAYMENT PROCEDURE
5.1. The price of each individual Item is determined by the SELLER at their discretion and is published in the Online Store.
5.2. The price of the Goods and the Order is set in Ukrainian Hryvnia.
5.3. The price of the Agreement is equal to the price of the Order. The specified amount may change depending on the price, quantity, or nomenclature of the Goods.
5.4. The BUYER makes a 100% payment for the goods in accordance with the Order based on the SELLER'S invoice, unless otherwise specified in the payment invoice.
5.5. The Order is considered paid from the moment of receipt of 100% payment for the goods into the SELLER'S current account. The fact of such payment indicates the BUYER'S agreement with the terms of this Agreement.
5.6. Delivery of the Order by the SELLER is carried out after 100% payment of the Order.
5.7. In case of an incorrect price indication for the Goods ordered by the BUYER, the SELLER will inform the BUYER about this at the first opportunity to confirm or cancel the Order. If it is impossible to contact the BUYER, this Order is considered canceled. If the Order was paid, the SELLER returns the amount paid for the Order to the BUYER by transferring it to the BUYER'S account or by another acceptable method.
5.8. The price of the Goods in the Online Store may be changed by the SELLER unilaterally. In this case, the price for the Goods ordered by the BUYER is not subject to change.
5.9. Until the BUYER'S funds are credited to the SELLER'S current account, the goods are not reserved. The SELLER cannot guarantee the availability of the Goods in the SELLER'S warehouse in the quantity specified at the moment of placing the Order, as a result of which processing times for the Order may increase. If it is necessary for the SELLER to return funds to the BUYER, the BUYER is obliged to provide the SELLER with the bank account details to which the SELLER is required to transfer the funds.
