Public Offer
Public Offer
for ordering, purchase, sale, and delivery of goods
This agreement is the official and public offer of the Seller to conclude a purchase and sale agreement for the Goods presented on the website hog.com.ua. This agreement is public, meaning that under Article 633 of the Civil Code of Ukraine its terms are the same for all buyers regardless of their status (individual, legal entity, or sole proprietor) without granting preference to one buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for the goods, delivery of the goods, return of the goods, liability for bad-faith orders, and all other terms of the agreement. The Agreement is deemed concluded from the moment the Buyer clicks the "Confirm Order" button on the checkout page in the "Cart" section and receives electronic confirmation of the order from the Seller.
Informational note: this English version is provided for convenience only. In the event of any discrepancy or inconsistency, the Ukrainian version of this offer shall prevail.
1. Definitions
1.1. Public Offer (hereinafter referred to as the "Offer") means the public proposal of the Seller addressed to an indefinite circle of persons to conclude with the Seller a distance purchase and sale agreement for goods (hereinafter referred to as the "Agreement") on the terms contained in this Offer.
1.2. Goods or Service means the subject matter of the parties' agreement selected by the Buyer on the online store website and placed into the cart, or already purchased by the Buyer from the Seller by remote means.
1.2.1. Online Store means the Seller's website at hog.com.ua created for concluding retail and wholesale purchase and sale agreements based on the Buyer's review of the description of the Goods offered by the Seller via the Internet.
1.3. Buyer means a legally capable individual who has reached the age of 18, receives information from the Seller, places an order to purchase goods presented on the online store website for purposes not related to business activity, or a legal entity or sole proprietor.
1.4. Seller means sole proprietor Kit Ivan Volodymyrovych, tax identification code 3724204752, a private entrepreneur acting in accordance with the current legislation of Ukraine.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods into 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 the Buyer's full and unconditional acceptance of the terms of the Agreement shall be the date on which the Buyer completes the order form on the online store website, provided that the Buyer receives electronic confirmation of the order from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in written form.
3. Order Placement
3.1. The Buyer independently places an order in the online store through the "Cart" form or by placing an order by e-mail or by the phone number specified 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 order placement is incomplete or gives reason to doubt 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. the Buyer's surname and first name;
3.3.2. the address to which the Goods should be delivered (if delivery is made to the Buyer's address);
3.3.3. contact phone number.
3.3.4. Tax identification code for a legal entity or sole proprietor.
3.4. The name, quantity, 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, it has the right to request it from the other party. If the Buyer fails to provide the necessary information, the Seller shall not be liable 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 to 3.4 of this Offer.
3.6.1. The Buyer's acceptance of the terms of this Offer is carried out by entering the relevant data by the Buyer into the registration form on the online store website or when placing an order through the operator. After the order is placed through the operator, the Buyer's data is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By concluding the Agreement, that is, by accepting the terms of this proposal (the proposed terms for purchasing the Goods) through placing the Order, the Buyer confirms the following:
a) The Buyer has fully read and agrees with the terms of this proposal (offer);
b) The Buyer grants permission for the collection, processing, and transfer of personal data; such permission remains valid throughout the term of the Agreement and for an unlimited period after its termination. In addition, by concluding the agreement, the Buyer confirms being informed (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purposes of data collection, and that the Buyer's personal data is transferred to the Seller for the purpose of enabling performance of this Agreement, settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer the Buyer's personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a personal data subject under the Law of Ukraine "On Personal Data Protection" is known and understood by the Buyer.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are determined independently by the Seller and indicated on the online store website. All prices for Goods and services are shown on the website in hryvnias.
4.2. Prices for Goods and services may be changed unilaterally by the Seller depending on market conditions. At the same time, the price of a separate unit of Goods fully paid for by the Buyer may not be changed unilaterally by the Seller.
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 in accordance with the current tariffs of the delivery services (carriers) directly to the delivery service (carrier) chosen by the Buyer.
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 when the Buyer makes a relevant request to the Seller by sending an e-mail or when placing an order through the online store operator.
4.6. The Buyer's obligation to pay for the Goods shall be deemed fulfilled from the moment the funds are credited to the Seller's account.
4.7. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the online store website in the "Payment and Delivery" section.
4.8. Upon receiving the Goods, the Buyer must, in the presence of the representative of the delivery service (carrier), verify the compliance of the Goods with qualitative and quantitative characteristics (name of goods, quantity, комплектність, shelf life where applicable).
4.9. During acceptance of the Goods, the Buyer or the Buyer's representative confirms by signature in the sales receipt and/or order and/or transport delivery note that there are no claims regarding the quantity of goods, appearance, and completeness of the goods.
4.10. Title to and the risk of accidental loss of or damage to the Goods pass to the Buyer or the Buyer's representative from the moment the Buyer receives the Goods at the place of delivery in the case of self-pickup from the Seller, or from the moment the Seller transfers the Goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller shall:
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 such information to third parties, except as provided by law and during performance 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 of Goods and services, unilaterally by posting them on the online store website. All changes take effect from the moment of publication.
5.3. The Buyer undertakes:
5.3.1. Before concluding the Agreement, to review 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 perform its obligations to the Buyer, the Buyer must provide all necessary data that clearly identifies the Buyer and is sufficient to deliver 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 did not satisfy the Buyer in shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Return of goods of proper quality is carried out if they have not been used and if their marketable condition, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer upon payment for the Goods are preserved. The list of goods not subject to return on the grounds provided in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The refund to the Buyer of the value of goods of proper quality is made within 30 (thirty) calendar days from the moment such Goods are received by the Seller, provided the requirements stipulated in clause 6.1 of the 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. Return of goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not compensated by the Seller to the Buyer.
6.5. If defects in the Goods are discovered during the established warranty period, the Buyer personally, in accordance with the procedure and within the terms established by the legislation of Ukraine, has the right to submit claims to the Seller as provided by the Law of Ukraine "On Consumer Protection". When claims for free elimination of defects are made, the period for their elimination is counted from the date the Seller receives the Goods into its possession and obtains physical access to such Goods.
6.6. Consideration of claims provided by the Law of Ukraine "On Consumer Protection" is carried out by the Seller provided the Buyer submits the documents required 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 of use or storage of 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 such goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, packaging, and other parameters made at the Buyer's request). Confirmation that the goods have individually defined properties is the difference in the size of the goods and other characteristics specified in the online store.
6.8. Return of goods in the cases provided by law and this Agreement is made to the address specified on the website in the "Contacts" section.
7. Liability
7.1. The Seller shall not be 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 shall not be liable for improper or untimely performance of Orders and its obligations if the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer bear liability for 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 total or partial failure to fulfill their obligations if such failure results from force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that arise independently of the will of the Seller and/or the Buyer after conclusion of this agreement. The party unable to fulfill its obligations shall immediately notify the other party thereof.
8. Confidentiality and Protection of Personal Data
8.1. By providing personal data on the online store website during registration or placing an Order, the Buyer grants the Seller voluntary consent to process, use (including transfer), and perform other actions with personal data provided by the Law of Ukraine "On Personal Data Protection", without limitation of the duration of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. Disclosure by the Seller of information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where such disclosure is required by the current legislation of Ukraine, shall not be deemed a violation.
8.3. The Buyer is responsible for keeping personal data up to date. The Seller is not liable for poor performance or non-performance of its obligations due to outdated information about the Buyer or inconsistency of such information with reality.
9. Other Terms
9.1. This agreement is concluded in the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If a disputed issue cannot be settled by negotiations, the Buyer and/or the Seller have the right to refer the dispute to the courts in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally in the manner provided by clause 5.2.1 of the Agreement. In addition, amendments to the Agreement may also be made by mutual consent of the parties in the manner prescribed by the current legislation of Ukraine.
Seller Details:
Sole proprietor: Kit Ivan Volodymyrovych
IBAN: UA293220010000026009380009471
Tax ID / EDRPOU: 3724204752
Joint-stock company
UNIVERSAL BANK
MFO: 322001
Bank EDRPOU: 21133352