Effective date 10.09.2024

 

PUBLIC OFFERING (OFFER)

ON MAKING A SALE AND PURCHASE AGREEMENT AND AGREEMENT ON DELIVERY SERVICES

 

“VOSTORG”, Limited Liability Company, a legal entity created and operating under the laws of Ukraine, identification code 32437180 (hereinafter referred to as the "Seller", depending on the product range ordered by the Buyer), represented by General Director Artem Volodymyrovych Tsys, acting on the Statute basis, and

PRIVATE ENTREPRENEUR MUTILIKA MAKSYM HRYHOROVYCH, identification code: 3067707253 (hereinafter referred to as the "Seller", depending on the product range ordered by the Buyer), acting on the basis of an Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations. Date of entry: 18.10.2016; entry number: 24610000000001402 32437180,

guided by articles 633, 634, 638 of the Civil Code of Ukraine, makes a public offering (offer) to undetermined circle of natural persons to make a goods Sale and Purchase Agreement (hereinafter – the Goods Sale and Purchase Agreement) on the terms as below, and

“ZAKAZ.UA”, Limited Liability Company, a legal entity incorporated and acting according to the legislation of Ukraine, identification code 43890867 (hereinafter – the Delivery Service/the Contractor), as represented by the director Andrii Serhiiovych Kurskyi, acting on the Statute basis, guided by articles 633, 634, 638 of the Civil Code of Ukraine, makes a public offering (offer) to undetermined circle of natural persons to make an Agreement on delivery services (hereinafter – the Agreement on Delivery Services) on the terms as below:

 

TERMS AND DEFINITIONS

Public Agreement – an agreement that regulates relations between the Seller/Delivery Service and Customers in regards of Goods sale/delivery services correspondingly on the terms determined by the Seller/the Delivery Service correspondingly.

Sale and Purchase Agreement – a public agreement concluded between the Customer and the Seller (the Seller as a party to the agreement is the Seller whose goods the Buyer orders) according to the terms of which the Seller undertakes to pass Goods available at the Seller’s Store as of date of release (sale) of such Goods, to the ownership of a Buyer according to the Buyer’s Order made through the Platform, and a Buyer undertakes to accept such Goods and pay their cost.

Agreement on Delivery Services – a public agreement, concluded between the Customer and the Delivery Service, according to which the Delivery Service undertakes to provide the Customer with delivery services, namely: complex of services that includes services on collecting Goods at the Seller’s Store, packaging of such Goods and services on delivery of Goods purchased by the Customer at the Seller’s Store according to an Order made through the Platform (hereinafter – the “Delivery Services”), and the Customer undertakes to pay for the Delivery Services rendered.

Rates – rates set by the Delivery Service for Delivery Services that determine total cost of Delivery Services within an Order placed by the Customer on the Platform.

Base Rates – “Collecting and Delivery” Rates set depending on the delivery area.

Platform – kharkiv.zakaz.ua web site and ХАРКІВ store window in Zakaz mobile application.

Customer/Buyer – a natural person, who reached 18 years, has sufficient legal capacity as well as all rights and authorities needed to conclude a Sale and Purchase Agreement and Agreement on Delivery Services and is a registered User of the Platform.

Order – online order of the Customer placed through the Platform aimed at purchasing of the Sellers Goods and receiving Delivery services of the purchased Goods.

Delivery Window/Slot – time period within which the Delivery Service undertakes to deliver Goods to the Customer.

Store/Stores – retail facilities (hypermarkets, supermarkets, stores near the house, etc.) of the Seller that sell the Seller’s Goods, including through an Order, ordering of which is available through the Platform.

Goods – goods of the Seller, information about which is placed on the Platform and which are bought by the Customer at the Seller’s Store on the terms of the Sale and Purchase Agreement according to an Order placed through the Platform.

Date of release – date of sale of Goods by the Seller to a Buyer at the Store, specified in the relevant fiscal receipt of the Seller.

Delivery Confirmation Code - a special 4-digit code that is sent to the Customer to confirm the fact of delivery (receipt) of the Order. The Delivery Confirmation Code is generated by the Delivery Service system individually for each individual Order and sent to the Customer in sms/push messages and by email after the Customer places the corresponding Order on the Platform.

 

  1. GENERAL PROVISIONS

1.1. The Sale and Purchase Agreement and the Agreement on Delivery Services are concluded according to the stipulations of articles 633, 634 and 638 of the Civil Code of Ukraine.

1.2. The Seller and a Buyer guarantee one another that they have sufficient capability as well as all rights and authorities needed to conclude and perform the terms of the Sale and Purchase Agreement.

1.3. The Customer and the Delivery Service guarantee one another that they have sufficient capability as well as all rights and authorities needed to conclude and perform the terms of the Agreement on Delivery Services.

1.4. The Sale and Purchase Agreement is mandatory for the Seller from the date it is published on the Platform.

1.5. The Agreement on Delivery Services is mandatory for the Delivery Service from the date it is published on the Platform.

1.6. The Sale and Purchase Agreement and the Agreement on Delivery Services are concluded through Placing an Order by the Customer on the Platform, that attests complete and unconditional acceptance (accept)  of the Seller’s Offer in relation of the Sale and Purchase Agreement conclusion (further – the “Seller’s Offer”) and the offer of the Delivery Service in relation of Agreement on Delivery Services conclusion (further – the “Delivery Service Offer”) and joining of the Customer to the Sale and Purchase Agreement and the Agreement on Delivery Services in general.

1.7. To place an Order on the Platform the Customer makes an Order and presses “Order” button. By pressing an “Order” button, the Customer places an Order on the Platform and confirms that he has read and accepted the terms of the Seller’s Offer and the Delivery Service Offer.

1.8. The Sale and Purchase Agreement and the Agreement on Delivery Services are concluded solely provided the Customer is a registered User of the Platform, has read and accepted the Terms of Use and gave consent to process personal data on the terms of the Privacy Policy.

  1. SUBJECT OF THE SALE AND PURRCHASE AGREEMENT

2.1. The Seller undertakes on the terms and in the order specified in the Sale and Purchase Agreement, to transfer Goods available at the Seller’s Store for the date of release (sale) of such Goods, to the ownership of a Buyer according to an Order of the Customer made through the Platform and a Buyer undertakes to accept and pay their cost.

2.2. The Seller undertakes to transfer into the ownership of the Buyer only the Goods available in the Seller's Store for the date of release (sale) of such Goods to the Buyer. In case the ordered Goods are unavailable in the Seller's Store, from which the Goods are ordered, for the date of release (sale), the replacement of the Goods with a similar Goods available in the Store for the date of the release (sale) must be agreed with the Buyer, or the Seller has the right to withdraw from the Sales Agreement regarding the sale of the relevant Goods. Agreeing of the replacement of the Goods with the Buyer takes place in accordance with the method chosen by the Buyer when placing the Order on the Platform.

2.3. The Seller undertakes to transfer the Goods to the Buyer in the quantity specified by the Buyer in the relevant Order. At the same time, in the case of an Order sold “by weight”, the Buyer agrees that the actual quantity of such Goods may differ from the quantity of the corresponding Goods ordered by the Buyer, but not more than +/- 200 grams. At the same time, if it is necessary to change the weight of the Goods sold “by weight” by more than +\- 200 grams of the specified weight of such Goods in the relevant Order, such a change in weight must be agreed with the Buyer, or the Seller has the right to withdraw from the Sales Agreement regarding the sale of the relevant Goods. Agreeing of the change in the weight of the Goods with the Buyer takes place in accordance with the method chosen by the Buyer when placing an Order on the Platform.

2.4. The Buyer has the right to order Goods on the terms of the Sale and Purchase Agreement solely from the Store specified on the Platform as the Store, from which the delivery is performed within a certain Order, depending on the delivery address, specified by the Buyer in the corresponding Order.

2.5. The Seller performs Goods sale according to the Customer’s Order from the Stores without the obligation on delivery of such Goods. Ownership right for Goods is transferred from the Seller to the Buyer at the moment of passing the corresponding Goods to the Delivery Service at the Store for their further delivery to the Customer on the terms of the Agreement on Delivery Services.

2.6. The obligation of the Seller to pass Goods to the Customer according to the Sale and Purchase Agreement concluded by the Customer, is considered performed at the moment of the Goods transfer according to an Order together with accompanying document (fiscal receipt printed at the moment of Goods sale) by the Seller to the Delivery Service at the Store for its further delivery to the Customer on the terms of the Agreement on Delivery Services.

2.7. In doing so the Seller guarantees that the Goods are not pledged, are not under arrest and are not subject to the rights of third parties.

2.8. The Seller guarantees that he has all relevant licenses and permits necessary for retail sale business activity according to the legislation of Ukraine, including at Stores.

2.9. The Buyer undertakes to accept Goods by their quantity, range, package contents and appearance (package integrity) at the moment of receiving such Goods from the Delivery Service courier and in his presence. The Buyer has the right to refuse from the Goods in case the Goods do not comply with the terms of the Sale and Purchase Agreement Service in terms of quantity, range, package contents, appearance (package integrity) solely at the moment they are received from the Delivery Service courier and in his presence.

2.10. The Buyer undertakes to accept Goods of “Super Fresh” group, namely: gastronomy, fresh meat, fish, fruits and vegetables, greenery, non-vacuumed sausages and/or specialties in terms of quantity, range, appearance and quality in the moment of delivery of such Goods by the Delivery Service courier and in his presence. The Buyer has the right to refuse from Goods of “Super Fresh” group in case such Goods do not comply with the terms of the Sale and Purchase Agreement Service in terms of quantity, range, package contents, appearance (package integrity) and quality solely at the moment they are received from the Delivery Service courier and in his presence.

2.11. In case of non-acceptance of the Goods by the Buyer due to their failure to comply with the terms of the Sale and Purchase Agreement specified above and also in case the Buyer refuses to accept Goods on some other reasons, the Buyer undertakes to immediately return such Goods to the courier who delivered them and in whose presence such Goods were verified. In case the Customer failed to return the Goods, it is considered that he accepted Goods passed by the Seller and has no claims to the Seller in terms of quantity, range, package contents, appearance of any Goods and quality of “Super Fresh” group Goods.

2.12. Purchased food products of proper quality are not a subject to return after they are accepted by the Buyer.

2.13. Purchased non-food products of proper quality can be returned by the Buyer after they are accepted by the Buyer provided they are not included in the List of goods of proper quality that are not subject to exchange (return), approved by the Resolution of the Cabinet of Ministers of Ukraine “On the Implementation of Certain Provisions of the Law of Ukraine “On the Protection of Consumer Rights” No. 172 as of 19 March 1994, in accordance with the stipulations of article 9 of the law of Ukraine “On the Protection of Consumer Rights” (in particular, if they have not been used and their appearance, consumer properties, seals, labels and a payment document issued by the Seller together with the Goods sold have been preserved).

2.14. In case of detection of hidden defects, the Buyer has the right to return the Goods of improper quality to the Seller in the order and on the terms provided by the current legislation of Ukraine. The Goods return is solely possible provided that a fiscal receipt (payment document) of the Seller and Goods to be returned are preserved.

2.15. If it is necessary to replace the Goods with defects, as well as in the event of a refund for the Goods, the recalculation/settlement with the Buyer is made on the terms provided for by law. Upon termination of the Purchase and Sale Agreement, the Seller undertakes to return the money paid by the Buyer for the Goods within 7 (seven) calendar days from the date of termination of the relevant agreement.

2.15. The fact of Goods acceptance by a Buyer confirms the absence of claims of a Buyer to the Seller in terms of quantity, range, package contents, appearance (package integrity) and quality of the Goods passed to the ownership by the Seller. The Buyer’s claims in terms of quantity, range, package contents, appearance (package integrity) and quality of the Goods are not accepted by the Seller after such Goods were accepted by the Buyer, except for the cases provided for in clause 2.14. of this Section.

  1. SUBJECT OF THE AGREEMENT ON DELIVERY SERVICES

3.1. According to the terms of the Agreement on Delivery Services, the Delivery Service undertakes to provide the Customer with Delivery Services of Goods, purchased by the Customer at the Seller’s Store according to an Order placed by the Customer on the Platform.

3.2. Effective Rates for the Delivery Services are specified during making an Order by the Customer on the Platform. Total cost of Delivery Services within a certain Order is determined with application of effective Rates for Delivery Services and taking into account terms, specified in “Payment and Delivery” Section on the Platform.

3.3. Schedule of Delivery Slots (Windows) is specified on the Platform. The Customer can choose any Delivery Window available for the moment of making an Order. Delivery availability by a certain address (belonging of the delivery place to the available delivery area) is determined by inserting a corresponding address in the appropriate field on the Platform.

3.4. The Delivery Service undertakes to deliver Goods purchased by the Customer at the Seller’s Store within the available Delivery Window, chosen by the Customer according to an Order placed on the Platform. Delivery of the Goods is done by the door of an office/apartment or house according to the address specified in the Order, or to the collection point at the Store/near the Store of the Seller or to the post office, depending on the way of delivery chosen by the Customer available at the moment of placing an Order by the Customer on the Platform.

3.5. By the door delivery is done provided there is a working lift in the house. In case there is no lift or it is not working, the Goods delivery is done by the entrance of the corresponding building/dwelling house, otherwise, the Delivery Service charges the Customer with an extra pay for lifting on the floor provided such service is available at the moment of placing of an Order by the Customer on the Platform.

3.6. The Delivery Service has the right to provide delivery services independently as well as by engaging third persons, including subcontractors, post office operators, etc., remaining responsible for the actions of such third persons as for own ones.

3.7. The Customer undertakes to verify the Goods, delivered by the Delivery Service in terms of quantity, range, package contents and appearance (package integrity) at the moment of receiving such Goods from the Delivery Service courier and in his presence.

3.8. The Customer undertakes to verify Goods of “Super Fresh” group, namely: gastronomy, fresh meat, fish, fruits and vegetables, greenery, non-vacuumed sausages and/or specialties in terms of quantity, range, appearance and quality in the moment of receiving such Goods from the Delivery Service courier and in his presence.

3.9. In case of claims, the Parties make and sign the corresponding Claim Report. The fact of acceptance of the Goods by the Customer and absence of the Claim Report signed by the Parties confirms the absence of claims of the Customer against the Delivery Service in terms of quantity, range, package contents, appearance (package integrity) and quality of the Goods delivered. The Customer’s claims in terms of quantity, range, package contents, appearance (package integrity) and quality of Goods after they are received by the Customer, shall not be accepted by the Delivery Service.

3.10. The Agreement on Delivery Services is considered executed from the moment the Goods are delivered to the Customer by the Order. At the time of receipt of the Goods, the Customer is obliged to inform the courier of the Delivery Service of the Delivery Confirmation Code. By informing the Delivery Confirmation Code to the courier, the Customer thereby confirms the fact of receipt of the Goods under the Order from the Delivery Service and the fact that he has reached the age of 18. The courier of the Delivery Service enters the Delivery Confirmation Code informed by the Customer into the system of the Delivery Service, which confirms the delivery of the Goods to the Customer, and if the system confirms the correctness and validity of the entered code, the Order is transferred to the status of "Delivered" in the system of the Delivery Service.

The Goods under the Order are considered delivered to the Customer from the moment the Customer informs the courier of the Delivery Service of the Delivery Confirmation Code for the relevant Order, provided that the Delivery Service system confirms the correctness and validity of the corresponding Delivery Confirmation Code.

Non-confirmation by the Delivery Service system of the correctness and/or validity of the Delivery Confirmation Code informed by the Customer is equated to the Customer's refusal to inform the Delivery Confirmation Code. By refusing to inform the Delivery Confirmation Code, the Customer thereby refuses to receive the Goods under the Order.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Obligations of the Delivery Service:

4.1.1. To arrange Delivery Services to the Customer depending on the way chosen by the Customer and Delivery Window specified in the corresponding Order placed on the Platform;

4.1.2 To provide Goods safety from the moment they are received from the Seller (at the Store) to the moment they are handed to the Customer, provided the Customer fulfils his obligations according to the Terms of this Agreement;

4.1.3. In case of termination of the Agreement on Delivery Services, return the money paid by the Customer for the Delivery Services not provided to the Customer within 7 (seven) calendar days from the date of termination of the relevant agreement.

4.2. Right of the Delivery Service:

4.2.1. To receive reward for the rendered Delivery Services;

4.2.2. To refuse the Customer to render Delivery Services/refuse from this Agreement at any time in case the Customer breaks the terms of this Agreement, including terms of payment for Delivery Services or Terms of Use.

4.2.3. To cancel delivery, move delivery to another Slot and/or refuse from this Agreement unilaterally in cases provided in Payment and Delivery Section , placed on the Platform;

4.2.4. To unilaterally determine and change Rates for the Delivery Services that determine total cost of the Delivery Services within an Order placed by the Customer on the Platform;

4.2.5. To unilaterally determine/change terms of the Agreement on Delivery Services including determining and changing available delivery areas, available Delivery Slots, set rates for extra services, etc.;

4.2.6. To unilaterally determine list the Seller’s Stores the Goods delivery, from which is possible through placing an Order on the Platform, and to determine a certain Store, from which the delivery within a certain Order is performed depending on the delivery address, specified by the Customer in the corresponding Order.

4.2.7. To return the Goods to the Seller in case the Customer refuses to receive/accept the Goods completely or partially or in case the Customer or the Seller refuses from the Sale and Purchase Agreement, as well as in case the Customer or the Delivery Service refuses from this Agreement.

4.2.8. To require the Customer to confirm data he/she specified the last time during the registration on the Platform at any time. Failure to provide such documents by the Customer to the Delivery Service can be equated to provision of untrue information at the discretion of the Delivery Service, in connection therewith the Delivery Service has the right to refuse to render Delivery Services and refuse from this Agreement unilaterally at any moment.

4.3. Obligations of the Seller:

4.3.1. To provide and guarantee the compliance of the Goods quality with the quality requirements set on the territory of Ukraine.

4.4. Rights of the Seller:

4.4.1. To unilaterally change prices for Goods (included for those ordered by the Customer) before the moment of the Goods release (fiscal receipt printing), range of the Goods available at the Store for the moment of release (sale) the Goods by Order.

4.4.2. To unilaterally change an Order, including to refuse from the Sale and Purchase Agreement completely or partially in case of absence of the Goods at the Store for the moment of the Goods release (sale).

4.4.3. Unilaterally change the weight of the Goods sold “by weight”, subject to the conditions set forth in clause 2.3. Section 2 "Subject of the Sale and Purchase Agreement".

4.4.4. To refuse from the Sale and Purchase Agreement completely or partially at any time in case the Customer refuses to receive and/or pay for the Goods completely or partially on any reason, as well as in case the Customer breaks terms of making changes to an Order specified in ”Payment and Delivery” Section  or terms of performance of payment obligations by the Sale and Purchase Agreement.

4.4.5. To refuse from the Sale and Purchase Agreement at any time in case the Delivery Service refuses from the Agreement on Delivery Services on any reasons, including those set by cl. 4.2.8. above.

4.5. Obligations of the Customer:

4.5.1. To perform timely and complete payment for the Goods in the order and on the terms provided by the Sale and Purchase Agreement and the Agreement on Delivery Services according to the effective Rates;

4.5.2. To receive the Goods at the agreed place (by the delivery address) and at the agreed time (time period according to the Delivery Slot), specified in an Order, placed on the Platform, to guarantee the correctness of the Order information, place and time of its receiving. In case of change of any information in the Order, including but not limited to information on delivery address and chosen Delivery Slot, the Customer undertakes to inform the Delivery Service within the terms set in “Payment and Delivery” Section , placed on the Platform;

4.5.3. The Customer undertakes to pay for possible extra expenses of the Delivery Service in the following cases:

  • incorrect contact data was provided when placing an Order;
  • there was no connection by phone with the Customer in the agreed Delivery Window;
  • the Customer cannot receive the Goods by the specified address at any time within the chosen Delivery Window;
  • the Customer changed the delivery address or made other changes to the Order and did not notify the Delivery Service on that or broke terms of notification specified in “Payment and Delivery” Section  on the Platform.

4.5.4. At the request of the Delivery Service to present documents to confirm data specified by the Customer during the registration on the Platform.

4.5.5. To accept in ownership the Goods passed by the Seller in the order and under the terms provided by the Sale and Purchase Agreement.

4.6. Rights of the Customer:

4.6.1. To receive the Goods in the order and under the terms of the Sale and Purchase Agreement;

4.6.2. To refuse to accept the Goods in the order and under the terms of the Sale and Purchase Agreement;

4.6.3. To receive the ordered Delivery service in accordance with the terms of the placed Order and Agreement on Delivery Services;

4.6.4. To make a claim to the Delivery Service related to the quality of the Delivery Services during 5 (five) working days after it was provided by the Delivery Services, by means of sending it to the electronic address of the Delivery Service [email protected] or to the postal address of the Delivery Service, specified in this Agreement. In case of failure to make a claim by the Customer in the set term, Delivery Services by the corresponding Order are considered to be rendered in a proper way and in accordance with this Agreement and Order placed by the Customer; and the Customer is considered not having claims to the Delivery Service in relation of the Delivery Services provided by the corresponding Order;

4.6.5. To exercise other rights according to the stipulations of the current legislation of Ukraine.

  1. COST OF GOODS AND DELIVERY SERVICES. PAYMENT ORDER

5.1. The Goods are sold for the prices set by the Seller as of date and time of the Goods release in the relevant Store, in which such Goods are actually sold for each individual Order and from which delivery is made within the relevant Order (depending on the delivery address specified by the Buyer in the Order), subject to the conditions set out in clauses 5.6. and 5.7. of this Section.

5.2. Effective prices for the Goods as of date of placing an Order are specified on the Platform, including indirect taxes, except as expressly provided in the “Payment and Delivery Section. Yet, prices for the Goods can be changed by the Seller unilaterally in accordance with the prices set by the Seller for the moment of the Goods release in the relevant Store.

5.3. Cost of packing materials is not included to the price of the Goods and is subject to extra payment by the Customer when paying for the Goods. Amount of necessary materials is determined by the Seller independently with taking into account the ordered range of the Goods, product neighbourhood, etc. The Customer undertakes to accept and pay the cost of packing materials together with the Goods for the Seller’s prices effective for the moment of the Goods release from the Store.

5.4. Total cost of the Goods being sold to the Customer is specified in the payment document (fiscal receipt), given to the Customer by the Seller together with the Goods. Price of the Sale and Purchase Agreement equals the sum of cost of all purchased Goods and packing materials. Sum may vary depending on price, quantity or range of the Goods available in the corresponding Store in the moment of release.

5.5. Prices for the Goods, specified on the Platform, can be changed by the Seller unilaterally before the Goods are released (sold). In the event of a change in the price of the Goods ordered by the Buyer, by more than 5 UAH. a change in the price of such Goods must be agreed with the Buyer or the Seller has the right to withdraw from the Sales Agreement in terms of the sale of the relevant Goods. Agreeing with the Buyer of the change in the price of the Goods is made in accordance with the method chosen by the Buyer when placing the Order on the Platform.

5.6. Discount cards of the Seller’s Store chain are invalid in case of the Goods purchase by Orders placed on the Platform.

5.7. Only discounts, promotions and special offers of the Seller that are directly specified on the Platform are valid on the Platform and are applicable provided Goods are ordered through the Platform, effective for the moment of the Goods release from the Seller’s Store.

5.8. The Customer pays reward to the Delivery Service for the rendered Delivery Services (cost of Delivery Services) according to the Rates of the Delivery Service effective on the date of placing the Order on the Platform. The current Rates are indicated on the Platform including indirect taxes.

5.9. Payment for Goods and Delivery Services is performed by the Buyer (Customer) in the national currency of Ukraine hryvnia by means of cashless transfer to the Seller’s bank account (for the Goods correspondingly) and to the bank account of the Delivery Service (for Delivery Services correspondingly), that is initiated by the Buyer by inserting details of the electronic payment means of the Customer’s, placed on the Platform or in other form and in other way, available for the Buyer (Customer) on the Platform.

5.10. The Buyer (Customer) undertakes to make payment for the Goods and Delivery Services after printing of a corresponding fiscal receipt by the Seller, on the ground of the received notification on payment, and no later than the beginning of the selected Window/Slot (time interval) of delivery, and in case of choosing a delivery time with a time interval of 07:00-08:00, the Buyer (Customer) is obliged to make payment before 22:00 of the day preceding the day of delivery, unless other is directly provided in the “Payment and Delivery Section on the Platform.

  1. RESPONSIBILITY OF THE PARTIES:

6.1. The Parties of the Sale and Purchase Agreement and the Agreement on Delivery Services carry responsibility in cases foreseen by the current legislation of Ukraine and/or set by the corresponding agreements. While there are fines for non-fulfilment or improper fulfilment of the obligations by the corresponding agreement, losses delivered to the Party by a corresponding infringement are compensated by the guilty Party in the part not covered by such fines. At the same time any indirect losses including the lost profit, delivered to the Party due to the infringement of the Sale and Purchase Agreement/Agreement on Delivery Services by the other Party are not subject to compensation unless other is directly provided by the corresponding Agreement.

6.2. The Seller carries responsibility for correctness and completeness of the information about the Goods placed on the Platform as well as for failure to fulfil obligations by the Sale and Purchase Agreement according to the current legislation of Ukraine and stipulations of the Sale and Purchase Agreement.

6.3. The Seller does not carry responsibility for non-fulfilment/improper fulfilment of his/her obligations by the Sale and Purchase Agreement in case the Customer provided incorrect or wrong information.

6.4. In case of deterioration/damage and/or loss of Goods on the fault of the Delivery Service during the delivery of Goods to the Customer, the Delivery Service undertakes to compensate losses to the Customer in the size of cost (retail price) of such Goods, that is specified in the corresponding accompanying documents (fiscal receipts) for such Goods. In case of complete loss or deterioration of all Goods by an Order on the fault of the Delivery Service, the latter returns the Customer the cost of Delivery Services paid by the Customer for the delivery of such Goods.

 

  1. DISPUTE SETTLEMENT:

7.1. Any differences and disputes that arise in connection with the Sale and Purchase Agreement/Agreement on Delivery Services, the Customer joined by means of acceptance of the corresponding Offer of the Seller/Delivery Service, shall be resolved in an amicable way solely.

7.2. In case of failure to reach agreement in an amicable way, all disputes, differences, requirements and claims that arise in relation to the Sale and Purchase Agreement/Agreement on Delivery Services are to be resolved in the court order according to the requirements of the effective procedural legislation of Ukraine.

  1. VALIDITY TERM OF THE AGREEMENT:

8.1. The terms of the Sale and Purchase Agreement/Agreement on Delivery Services are published on the Platform in order to become publicly known to all Buyers/Customers.

8.2. Sale and Purchase Agreement comes into force from the moment of placing an Order by the Customer on the Platform, that confirms complete and unconditional acceptance (accept) of the Seller’s Offer by the Customer and Customer’s joining to the Sale and Purchase Agreement in general, and is valid till the complete performance of the Party’s obligations by this Agreement.

8.3. The Agreement on Delivery Services comes into force from the moment of placing an Order by the Customer on the Platform, that confirms complete and unconditional acceptance (accept) of the Delivery Service Offer by the Customer and the Customer’s joining to this Agreement in general, and is valid till the complete performance of the Party’s obligations by this Agreement

8.4. The Seller preserves the right to recall the Seller’s Offer at any time at his discretion.

8.5. The Delivery Service preserves the right to recall its Offer at any time at its discretion.

 

  1. FORCE MAJOR

9.1. None of the Parties of the Sale and Purchase Agreement and the Agreement on Delivery Services carries responsibility for delay in performance of obligations or impossibility to perform obligations by the corresponding agreement due to the emergency and unavoidable circumstances, that are objectively behind their control, namely: threat of war, armed conflict or a serious threat of such conflict, included but not limited to enemy attacks, sieges, arms embargo, actions of a foreign enemy; total mobilization, armed hostilities, declared or undeclared war, actions of a public enemy, disturbances, terroristic acts, diversions, piracy, riots, invasions, revolution, mutiny, rebellions, mass disorders, curfew use, quarantine, set by the Cabinet of Ministers of Ukraine, expropriation, confiscation, enterprise seizure, requisition, public demonstration, strike, accident, illegal actions of third parties, fire, explosion, long interruption in work of transport, regulated by the conditions of the relevant decisions and acts of state power authorities, closure of the sea passages, embargo, prohibition (restriction) of export/import, etc., as well as those caused by exceptional weather conditions and natural calamities, namely: plague, bad storm, cyclone, hurricane, tornado, flood, snow piles, black ice, hail, frost, frozen sea, passages, ports, mountain passes, earthquake, lightning, fire, drought, soil subsidence and shear, other natural calamities, etc., provided that such event impacts the proper fulfilment of the obligations by the corresponding Agreement and was not existing at the time of concluding of the corresponding Agreement (hereinafter – Force Majeure). The fact of occurrence of force majeure events must be confirmed by a certificate issued by the Chamber of Commerce of Ukraine.

9.2. Notwithstanding the other provisions of Section 9, the Delivery Service has the right throughout the entire period of martial law in Ukraine, introduced by the Presidential Decree No. 24/2022 as of 24 February 2022, approved by the Law of Ukraine "On Approval of the Decree of the President of Ukraine "On the Introduction of Martial Law in Ukraine" as of 24 February 2022, to suspend the provision of Delivery Services completely or partially and/or provide the Services to the extent possible, given the nature of hostilities and the current situation in the country at the sole discretion of the Delivery Service. The Delivery Service shall be released from responsibility for non-fulfilment/improper fulfilment of obligations under this Agreement in case of the above complete or partial suspension of the Delivery Services and/or reduction of the scope of the Delivery Services under the conditions specified in this clause.

  1. OTHER PROVISIONS:

10.1. The Sale and Purchase Agreement as well as relations between the Buyer and the Seller that arise in relation with the above mentioned agreement, are regulated and interpreted according to the current legislation of Ukraine.

10.2. The Agreement on Delivery Service as well as relations between the Customer and the Delivery Service that arise in relation with the above mentioned Agreement, are regulated and interpreted according to the current legislation of Ukraine.

10.3. In case on some reasons some terms of the Sale and Purchase Agreement and Agreement on Delivery Services are invalid or have no legal power, this does not affect the validity or applicability of other terms of the corresponding agreement.

10.4. The Seller has the right to make changes to the Sale and Purchase Agreement unilaterally by publishing a revised version of the above-mentioned agreement on the Platform. Changes to the Sale and Purchase Agreement come into force from the date of publishing of the revised version of the corresponding agreement on the Platform.

10.5. The Delivery Service has the right to make changes to the Agreement on Delivery Services unilaterally by publishing a revised version of the above-mentioned agreement on the Platform. Changes to the Agreement on Delivery Services come into force from the date of publishing of the revised version of the corresponding agreement on the Platform.

10.6. The fact of placing an Order by the Customer on the Platform after the changes to the Sale and Purchase Agreement and the Agreement on Delivery Services came into force means the consent of the Customer with the changes made to the corresponding agreements.

10.7. The Sale and Purchase Agreement and the Agreement on Delivery Services are drawn up in Ukrainian, Russian and English. The Ukrainian version of the texts is fundamental in the interpretation of the Sales and Purchase Agreement and the Delivery Services Agreement and shall prevail.

10.8. “Payment and Delivery” Section , placed on the Platform, is an integral part of the Sale and Purchase Agreement. In the event of a conflict between the provisions set forth in the Sales and Purchase Agreement and the provisions set forth in the Section “Payment and Delivery”, the provisions set forth in the Sales and Purchase Agreement shall apply, unless otherwise expressly provided in the Sales and Purchase Agreement.

10.9. “Payment and Delivery” Section , placed on the Platform, is an integral part of the Agreement on Delivery Services. In the event of a conflict between the provisions set forth in the Agreement on Delivery Services and the provisions set forth in the Section “Payment and Delivery”, the provisions set forth in the Agreement on Delivery Services shall apply, unless otherwise expressly provided in the Agreement on Delivery Services.

10.10. Customers’ Personal data processing is done on the terms set by the Privacy Policy .

10.11. In case of claims/offers within the Sale and Purchase Agreement and Agreement on Delivery Services, the Buyer (Customer) can contact by the electronic address [email protected], phone number 0 800 20 20 20 and postal address: 2a Zaliznychne Shosse, Kyiv City, 01103.

 

  1. ADDRESS AND BANK DETAILS OF THE SELLER:

“VOSTORG”, LLC

Location: 61106, Kharkiv, Heroiv Kharkova Ave, 274В

Postal address: 61115, Kharkiv, Klochkivska St, 134б

Identification code: 32437180

IBAN: UA833209840000026002210405327 at JSC “ProCredit Bank”

ITN: 324371820313

PE MUTILIKA MAKSYM HRYHOROVYCH

Location: Kharkiv region, Kegichivskyi district, Krutoyarivka village, Molodizhna St., building 7

Postal address: 61115, Kharkiv, Klochkivska St, 134б

Identification code: 3067707253

IBAN: UA033515330000026000052226709 at JSC CB “PrivatBank”

 

  1. ADDRESS AND BANK DETAILS OF THE DELIVERY SERVICE:

“ZAKAZ.UA”, LLC

Location: 9/2 Klovskyi Uzviz Str., apt. 70, Kyiv City, 01021

Postal address: 2a Zaliznychne Shosse, Kyiv City, 01103

Identification code: 43890867

IBAN UA 943005280000026007000026904 at JSC CB “PrivatBank”

ITN 438908626555