PUBLIC AGREEMENT (OFFER)
for ordering, purchase and sale, and delivery of goods
This Agreement is an official and public offer of the Seller to enter into a contract for the purchase and sale of Goods presented on the website
https://itadream.com.ua/?srsltid=AfmBOoqPeVvuor3gAAP9jq0KBrjwwhFoTgJTOZOUzIcFrgba6uAPoeO7.
This Agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur), without granting preference to one buyer over another.
By entering into this Agreement, the Buyer fully accepts the terms and procedures for placing an order, payment for goods, delivery of goods, return of goods, liability for improper orders, and all other terms of the Agreement.
The Agreement is considered 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.
1. Definitions
1.1. Public Offer (hereinafter referred to as the “Offer”) — a public proposal of the Seller addressed to an indefinite number of persons to conclude a distance purchase and sale agreement for goods with the Seller (hereinafter referred to as the “Agreement”) under the terms contained in this Offer.
1.2. Goods or Services — the subject 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 located at
https://itadream.com.ua/?srsltid=AfmBOoqPeVvuor3gAAP9jq0KBrjwwhFoTgJTOZOUzIcFrgba6uAPoeO7,
created for concluding retail and wholesale purchase and sale agreements based on the Buyer’s review of the Seller’s description of the Goods via the Internet.
1.4. Buyer — 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 entrepreneurial activity, or a legal entity or an individual entrepreneur.
1.5. Seller — Individual Entrepreneur Sharkov Andrii Anatoliiovych (Tax ID 2559810778), a legal entity established and operating in accordance with the current legislation of Ukraine, located at:
Ukraine, 25001, Kirovohrad region, Kropyvnytskyi,
Fortecnyi Lane, building 21, apartment 57.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods into the ownership of 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 unconditional acceptance of the terms of the Agreement by the Buyer shall be deemed the date on which the Buyer completes the order form located 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 using the “Cart” form, or by placing an order via email or by 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 raises doubts as to its accuracy.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. Buyer’s last name and first name;
3.3.2. Delivery address (if delivery is made to the Buyer’s address);
3.3.3. Contact phone number;
3.3.4. Identification code — for a legal entity or an individual entrepreneur.
3.4. The name, quantity, article number (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. In the event that the Buyer fails to provide the necessary information, the Seller shall not be liable for the inability to provide proper 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 of the terms of this Offer by the Buyer is carried out by entering the relevant data into the registration form on the Online Store website or when placing an Order through an operator. After placing an Order through an operator, the Buyer’s data 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 entering into the Agreement, i.e., by accepting the terms of this offer (the proposed terms for purchasing the Goods) through placing an Order, the Buyer confirms the following:
a) The Buyer has fully and completely reviewed and agrees with the terms of this offer;
b) The Buyer grants consent to the collection, processing, and transfer of personal data; such consent to the processing of personal data remains valid for the entire term of the Agreement as well as for an unlimited period after its termination.
In addition, by concluding the Agreement, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and the fact that their personal data is transferred to the Seller in order to enable the performance of this Agreement, carry out settlements, and receive invoices, acts, and other documents.
The Buyer also agrees that the Seller has the right to grant 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 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 by the Seller independently and are indicated on the Online Store website. All prices for Goods and services listed on the website are stated in the national currency — Ukrainian hryvnia (UAH), including VAT.
4.2. Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of an individual unit of Goods that has been fully paid for by the Buyer may not be changed by the Seller unilaterally.
4.3. The price 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 delivery cost in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) selected by the Buyer.
4.4. The price 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 provide an estimated delivery cost to the Buyer’s address upon the Buyer’s request by sending an email inquiry or when placing an order through an Online Store operator.
4.6. The Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are credited to the Seller’s account.
4.7. Payments between the Seller and the Buyer for the Goods are made using the methods specified 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), verify that the Goods comply with quantitative and qualitative characteristics (product name, quantity, completeness, expiration date).
4.9. When accepting the Goods, the Buyer or the Buyer’s representative confirms by signature on the sales receipt and/or order and/or transport delivery document that there are no claims regarding the quantity, appearance, or completeness of the Goods.
4.10. Ownership rights and the risk of accidental loss 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, or from the moment the Seller transfers the Goods to the delivery service (carrier) selected 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 or grant access to such information to third parties, except in cases provided for by law and in the course of fulfilling the Buyer’s Order.
5.2. The Seller has the right to:
5.2.1. Amend the terms of this Agreement, as well as prices for Goods and services, unilaterally by publishing such changes on the Online Store website. All changes shall take effect from the moment of their publication.
5.3. The Buyer undertakes to:
5.3.1. Review the content of this Agreement, its terms, and the prices offered by the Seller on the Online Store website prior to concluding the Agreement.
5.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary data that clearly identifies the Buyer and is sufficient for delivery of the ordered Goods.
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 do not meet the Buyer’s expectations in terms of 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, excluding the day of purchase.
The return of goods of proper quality is carried out provided that the goods have not been used and 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 that are not subject to return on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. A refund of the cost of goods of proper quality to the Buyer is made within 30 (thirty) calendar days from the date the Seller receives such Goods, provided that the requirements set out in Clause 6.1 of this Agreement and the current legislation of Ukraine are complied with.
6.3. The cost of the goods shall be refunded by bank transfer to the Buyer’s bank 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.
6.5. If defects in the Goods are discovered within the установленного warranty period, the Buyer personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to submit claims to the Seller as provided for by the Law of Ukraine “On Consumer Rights Protection”. When claims are made for free elimination of defects, the period for their elimination is calculated from the date the Seller receives the Goods into its possession and has physical access to such Goods.
6.6. Consideration of claims provided for by the Law of Ukraine “On Consumer Rights Protection” is carried out by the Seller subject to the Buyer providing the documents required by the current legislation of Ukraine. The Seller shall not be liable for defects in the Goods that arose after the Goods were transferred 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 characteristics, if such goods can be used exclusively by the Buyer who purchased them (including goods made at the Buyer’s request with non-standard sizes, characteristics, appearance, configuration, branding, etc.). Confirmation that the goods have individually defined characteristics is the difference between the dimensions and other characteristics of the goods and those 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 specified on the website in the “Contacts” section.
7. Liability
7.1. The Seller shall not be liable for any 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 fulfillment of Orders and its obligations if the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer shall be liable 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 failure to perform their obligations if such failure is the result of force majeure circumstances, including but not limited to: war or military actions, earthquake, flood, fire, and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party unable to perform its obligations must promptly 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 order placement, the Buyer gives the Seller voluntary consent to the processing and use (including transfer) of their personal data, as well as to performing other actions предусмотрені 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 information received from the Buyer. Disclosure of information by the Seller to counterparties and third parties acting under agreements 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 considered a violation.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for improper performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.
9. Other Terms
9.1. This Agreement is concluded within the territory of Ukraine and shall be governed by and construed in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If no settlement is reached through negotiations, the Buyer and/or the Seller shall have the right to apply to the courts for dispute resolution in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to amend this Agreement unilaterally in the manner provided for in Clause 5.2.1 of this Agreement. In addition, amendments to this Agreement may be made by mutual consent of the Parties in accordance with the procedure established by the current legislation of Ukraine.
10. Seller’s Address and Details
Individual Entrepreneur SHARKOV ANDRII ANATOLIIOVYCH
Tax ID: 2559810778
Ukraine, 25001, Kirovohrad region,
Kropyvnytskyi,
Fortecnyi Lane, building 21, apartment 57
IBAN: UA273220010000026002340156907
JSC “UNIVERSAL BANK”
Tel.: +38 (050) 954 93 69